[Congressional Record Volume 165, Number 196 (Monday, December 9, 2019)]
[House]
[Pages H9389-H9951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFERENCE REPORT AND EXPLANATORY MATERIAL STATEMENT ON S. 1790,
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020, SUBMITTED BY
MR. SMITH OF WASHINGTON, CHAIRMAN OF THE HOUSE COMMITTEE ON ARMED
SERVICES
Conference Report (H. Rept. 116-333)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the bill (S.
1790), to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for
military construction, and for defense activities of the
Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes,
having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as
follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2020''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into four divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Intelligence Authorizations for Fiscal
Years 2018, 2019, and 2020.
(6) Division F--Other Matters.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground
System-Army Increment 1.
Subtitle C--Navy Programs
Sec. 121. Ford-class aircraft carrier cost limitation baselines.
Sec. 122. Modification of annual report on cost targets for certain
aircraft carriers.
Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis
and U.S.S. Harry S. Truman.
Sec. 124. Ford class aircraft carrier support for F-35C aircraft.
Sec. 125. Prohibition on use of funds for reduction of aircraft carrier
force structure.
Sec. 126. Modification of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 127. LHA Replacement Amphibious Assault Ship Program.
Sec. 128. Strategic sealift fleet vessel.
Sec. 129. Design and construction of amphibious transport dock
designated LPD-31.
Sec. 130. Limitation on availability of funds for the Littoral Combat
Ship.
Sec. 131. Limitation on the next new class of Navy large surface
combatants.
Sec. 132. Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter program.
Sec. 133. Limitation on availability of funds for VH-92A helicopter.
Sec. 134. Report on carrier wing and aviation combat element
composition.
Subtitle D--Air Force Programs
Sec. 141. Modification of requirement to preserve certain C-5 aircraft.
Sec. 142. OC-135B aircraft recapitalization program.
Sec. 143. Requirement to align Air Force aviation force structure with
National Defense Strategy.
Sec. 144. Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory.
Sec. 145. Limitation on availability of funds for F-15EX aircraft.
Sec. 146. Limitation on availability of funds for VC-25B aircraft.
Sec. 147. Limitation on availability of funds for RC-26B aircraft.
Sec. 148. Limitation on availability of funds for retirement of RC-135
aircraft.
Sec. 149. Air Force aggressor squadron modernization.
Sec. 150. Air Force plan for Combat Rescue Helicopter fielding.
Sec. 151. Report on feasibility of multiyear contract for procurement
of JASSM-ER missiles.
Sec. 152. Report on aircraft fleet of the Civil Air Patrol.
Sec. 153. Sense of Congress on the light attack aircraft initiative of
the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program.
Sec. 162. Relief from contractors for failure to deliver ready-for-
issue spare parts for the F-35 aircraft program.
Sec. 163. Limitation on availability of funds for reallocation of
Turkish F-35A aircraft to the United States.
Sec. 164. Requirement to establish the use of an Agile DevOps software
development solution as an alternative for Joint Strike
Fighter Autonomic Logistics Information System.
Sec. 165. F-35 sustainment cost.
Sec. 166. Reports on the progress and performance of the F-35 aircraft
program.
Sec. 167. Other reports on the F-35 aircraft program.
Sec. 168. Limitation on availability of funds for communications
systems lacking certain resiliency features.
Sec. 169. Repeal of tactical unmanned vehicle common data link
requirement.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
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Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Program on enhancement of preparation of dependents of
members of Armed Forces for careers in science,
technology, engineering, and mathematics.
Sec. 212. Updates to the Department of Defense personnel management
authority to attract experts in science and engineering.
Sec. 213. Establishment of joint reserve detachment of the Defense
Innovation Unit.
Sec. 214. Research and educational programs and activities for
Historically Black Colleges and Universities and
Minority-Serving Institutions of Higher Education.
Sec. 215. Modification of authority for prizes for advanced technology
achievements.
Sec. 216. Joint hypersonics transition office.
Sec. 217. Modification of proof of concept commercialization program.
Sec. 218. Modification of authority and addition of technology areas
for expedited access to technical talent.
Sec. 219. Expansion of coordination in support of national security
innovation and entrepreneurial education.
Sec. 220. Modification of defense quantum information science and
technology research and development program.
Sec. 221. Understanding of investments in artificial intelligence and
development of capabilities by adversaries.
Sec. 222. Advisory role of JASON scientific advisory group.
Sec. 223. Direct Air Capture and Blue Carbon Removal Technology
Program.
Sec. 224. Requiring defense microelectronics products and services meet
trusted supply chain and operational security standards.
Sec. 225. Development and acquisition strategy to procure secure, low
probability of detection data link network capability.
Sec. 226. Establishment of secure next-generation wireless network (5G)
infrastructure for the Nevada Test and Training Range and
base infrastructure.
Sec. 227. Administration of manufacturing innovation institutes funded
by the Department of Defense.
Sec. 228. Research program on foreign malign influence operations.
Sec. 229. Diversification of the research and engineering workforce of
the Department of Defense.
Sec. 230. Policy on the talent management of digital expertise and
software professionals.
Sec. 231. Digital engineering capability to automate testing and
evaluation.
Sec. 232. Process to align policy formulation and emerging technology
development.
Sec. 233. Improvement of the Strategic Capabilities Office of the
Department of Defense.
Sec. 234. Pilot program on enhanced civics education.
Sec. 235. Technology and national security fellowship.
Sec. 236. Documentation relating to the Advanced Battle Management
System.
Sec. 237. Sensor data integration for fifth generation aircraft.
Sec. 238. Sense of Congress on future vertical lift technologies.
Sec. 239. Use of funds for Strategic Environmental Research Program,
Environmental Security Technical Certification Program,
and Operational Energy Capability Improvement.
Sec. 240. Limitation and report on Indirect Fire Protection Capability
Increment 2 capability.
Subtitle C--Plans, Reports, and Other Matters
Sec. 251. Master plan for implementation of authorities relating to
science and technology reinvention laboratories.
Sec. 252. Infrastructure to support research, development, test, and
evaluation missions.
Sec. 253. Energetics plan.
Sec. 254. Strategy and implementation plan for fifth generation
information and communications technologies.
Sec. 255. Department-wide software science and technology strategy.
Sec. 256. Artificial intelligence education strategy.
Sec. 257. Cyber science and technology activities roadmap and reports.
Sec. 258. Report on B-52 commercial engine replacement program.
Sec. 259. Commercial edge computing technologies and best practices for
Department of Defense warfighting systems.
Sec. 260. Biannual report on the Joint Artificial Intelligence Center.
Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 262. National Study on Defense Research At Historically Black
Colleges and Universities and Other Minority
Institutions.
Sec. 263. Study on national security emerging biotechnologies for the
Department of Defense.
Sec. 264. Independent study on optimizing resources allocated to
Combating Terrorism Technical Support Office.
Sec. 265. Independent assessment of electronic warfare plans and
programs.
Sec. 266. Technical correction to Global Research Watch Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Timeline for Clearinghouse review of applications for energy
projects that may have an adverse impact on military
operations and readiness.
Sec. 312. Authority to accept contributions of funds from applicants
for energy projects for mitigation of impacts on military
operations and readiness.
Sec. 313. Use of proceeds from sale of recyclable materials.
Sec. 314. Disposal of recyclable materials.
Sec. 315. Department of Defense improvement of previously conveyed
utility systems serving military installations.
Sec. 316. Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard.
Sec. 317. Use of operational energy cost savings of Department of
Defense.
Sec. 318. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 319. Energy resilience programs and activities.
Sec. 320. Technical and grammatical corrections and repeal of obsolete
provisions relating to energy.
Sec. 321. Transfer authority for funding of study and assessment on
health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for
Toxic Substances and Disease Registry.
Sec. 322. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations.
Sec. 324. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 325. Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate.
Sec. 326. Development of extreme weather vulnerability and risk
assessment tool.
Sec. 327. Removal of barriers that discourage investments to increase
military installation resilience.
Sec. 328. Budgeting of Department of Defense relating to extreme
weather.
Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food Packaging.
Sec. 330. Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam.
Sec. 331. Agreements to share monitoring data relating to
perfluoroalkyl and polyfluoroalkyl substances and other
contaminants of concern.
Sec. 332. Cooperative agreements with States to address contamination
by perfluoroalkyl and polyfluoroalkyl substances.
Sec. 333. Plan to phase out use of burn pits.
Sec. 334. Information relating to locations of burn pit use.
Sec. 335. Data quality review of radium testing conducted at certain
locations of the Department of the Navy.
Sec. 336. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 337. Pilot program for availability of working-capital funds for
increased combat capability through energy optimization.
Sec. 338. Report on efforts to reduce high energy intensity at military
installations.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid
(PFOA) and perfluorooctane sulfonate (PFOS) for
agricultural purposes.
Sec. 344. Acquisition of real property by Air Force.
Sec. 345. Remediation plan.
Subtitle D--Logistics and Sustainment
Sec. 351. Materiel readiness metrics and objectives.
Sec. 352. Clarification of authority regarding use of working-capital
funds for unspecified minor military construction
projects related to revitalization and recapitalization
of defense industrial base facilities.
Sec. 353. Modification to limitation on length of overseas forward
deployment of naval vessels.
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Sec. 354. Extension of temporary installation reutilization authority
for arsenals, depots, and plants.
Sec. 355. F-35 Joint Strike Fighter sustainment.
Sec. 356. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 357. Pilot program to train skilled technicians in critical
shipbuilding skills.
Sec. 358. Requirement for military department inter-service depot
maintenance.
Sec. 359. Strategy to improve infrastructure of certain depots of the
Department of Defense.
Subtitle E--Reports
Sec. 361. Readiness reporting.
Sec. 362. Technical correction to deadline for transition to Defense
Readiness Reporting System Strategic.
Sec. 363. Report on Navy ship depot maintenance budget.
Sec. 364. Report on Runit Dome.
Sec. 365. Prohibition on subjective upgrades by commanders of unit
ratings in monthly readiness reporting on military units.
Sec. 366. Requirement to include foreign language proficiency in
readiness reporting systems of Department of Defense.
Subtitle F--Other Matters
Sec. 371. Prevention of encroachment on military training routes and
military operations areas.
Sec. 372. Expansion and enhancement of authorities on transfer and
adoption of military animals.
Sec. 373. Extension of authority for Secretary of Defense to use
Department of Defense reimbursement rate for
transportation services provided to certain non-
Department of Defense entities.
Sec. 374. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 375. Defense personal property program.
Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility.
Sec. 377. Sense of Congress regarding Innovative Readiness Training
program.
Sec. 378. Detonation chambers for explosive ordnance disposal.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 415. Authorized strengths for Marine Corps Reserves on active
duty.
Sec. 416. Modification of authorized strength of Air Force Reserve
serving on full-time reserve component duty for
administration of the reserves or the National Guard.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Maker of original appointments in a regular or reserve
component of commissioned officers previously subject to
original appointment in other type of component.
Sec. 502. Furnishing of adverse information on officers to promotion
selection boards.
Sec. 503. Limitation on number of officers recommendable for promotion
by promotion selection boards.
Sec. 504. Expansion of authority for continuation on active duty of
officers in certain military specialties and career
tracks.
Sec. 505. Management policies for joint qualified officers.
Sec. 506. Modification of authorities on management of deployments of
members of the Armed Forces and related unit operating
and personnel tempo matters.
Sec. 507. Personnel tempo of the Armed Forces and the United States
Special Operations Command during periods of
inapplicability of high-deployment limitations.
Sec. 508. Permanent authority to defer past age 64 the retirement of
chaplains in general and flag officer grades.
Sec. 509. Higher grade in retirement for officers following reopening
of determination or certification of retired grade.
Sec. 510. Authority of promotion boards to recommend that officers of
particular merit be placed higher on promotion list.
Sec. 510A. Availability on the internet of certain information about
officers serving in general or flag officer grades.
Sec. 510B. Functional badge or insignia upon commission for chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Modification of grade level threshold for Junior Reserve
Officers' Training Corps.
Sec. 512. Inclusion of STEM in courses of instruction for the Junior
Reserve Officers' Training Corps.
Sec. 513. Inclusion of homeschooled students in Junior Reserve
Officers' Training Corps units.
Sec. 514. Clarification of eligibility to serve as Commander, Marine
Forces Reserve.
Sec. 515. Extension and periodic evaluation of suicide prevention and
resilience program for the reserve components.
Sec. 516. Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve components.
Sec. 517. Modernization of inspection authorities applicable to the
National Guard.
Sec. 518. Consultation with Chief of the National Guard Bureau in the
appointment or designation of National Guard property and
fiscal officers.
Sec. 519. Coast Guard Junior Reserve Officers' Training Corps.
Sec. 520. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of
associated active duty units.
Sec. 520A. Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters.
Sec. 520B. Report and briefing on the Senior Reserve Officers' Training
Corps.
Sec. 520C. Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Advice and counsel of trauma experts in review by boards for
correction of military records and discharge review
boards of certain claims.
Sec. 522. Reduction in required number of members of discharge review
boards.
Sec. 523. Establishment of process to review a request for upgrade of
discharge or dismissal.
Sec. 524. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 525. Training of members of boards for correction of military
records and discharge review boards on sexual trauma,
intimate partner violence, spousal abuse, and related
matters.
Sec. 526. Time requirements for certification of honorable service.
Sec. 527. Correction of certain discharge characterizations.
Sec. 528. Development of guidelines for use of unofficial sources of
information to determine eligibility of members and
former members of the Armed Forces for decorations when
the service records are incomplete because of damage to
the official record.
Sec. 529. Strategic plan for diversity and inclusion.
Sec. 530. Study regarding screening individuals who seek to enlist in
the Armed Forces.
Sec. 530A. Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-
citizens.
Sec. 530B. Sense of Congress regarding accession physicals.
Subtitle D--Military Justice
Sec. 531. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of
efficiency in military justice.
Sec. 532. Command influence.
Sec. 533. Statute of limitations for certain offenses.
Sec. 534. Public access to dockets, filings, and court records of
courts-martial or other records of trial of the military
justice system.
Sec. 535. Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 536. Authority for return of personal property to victims of
sexual assault who file a Restricted Report before
conclusion of related proceedings.
Sec. 537. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 538. Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of
sexual assault.
Sec. 539. Increase in number of digital forensic examiners for certain
military criminal investigative organizations.
Sec. 540. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 540A. Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault
and collateral offenses.
Sec. 540B. Training for commanders in the Armed Forces on their role in
all stages of military justice in connection with sexual
assault.
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Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540D. Department of Defense-wide policy and military department-
specific programs on reinvigoration of the prevention of
sexual assault involving members of the Armed Forces.
Sec. 540E. Recommendations on separate punitive article in the Uniform
Code of Military Justice on sexual harassment.
Sec. 540F. Report on military justice system involving alternative
authority for determining whether to prefer or refer
changes for felony offenses under the Uniform Code of
Military Justice.
Sec. 540G. Report on standardization among the military departments in
collection and presentation of information on matters
within the military justice system.
Sec. 540H. Report on expansion of Air Force safe to report policy
across the Armed Forces.
Sec. 540I. Assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 540J. Pilot programs on defense investigators in the military
justice system.
Sec. 540K. Report on preservation of recourse to restricted report on
sexual assault for victims of sexual assault following
certain victim or third-party communications.
Sec. 540L. Report on establishment of guardian ad litem program for
certain military dependents who are a victim or witness
of an offense under the Uniform Code of Military Justice
involving abuse or exploitation.
Sec. 540M. Comptroller General of the United States report on
implementation by the Armed Forces of recent statutory
requirements on sexual assault prevention and response in
the military.
Sec. 540N. Sense of Congress on the Port Chicago 50.
Subtitle E--Other Legal Matters
Sec. 541. Improvement of certain Special Victims' Counsel authorities.
Sec. 542. Availability of Special Victims' Counsel at military
installations.
Sec. 543. Notification of issuance of military protective order to
civilian law enforcement.
Sec. 544. Copyright protection for civilian faculty of certain
accredited institutions.
Sec. 545. Termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness
or die while in military service.
Sec. 546. Military orders required for termination of leases pursuant
to the Servicemembers Civil Relief Act.
Sec. 547. Preservation of right to bring class action under
Servicemembers Civil Relief Act.
Sec. 548. Legal counsel for victims of alleged domestic violence
offenses.
Sec. 549. Notice to victims of alleged sexual assault of pendency of
further administrative action following a determination
not to refer to trial by court-martial.
Sec. 550. Treatment of information in Catch a Serial Offender Program
for certain purposes.
Sec. 550A. Policies and procedures on registration at military
installations of civilian protective orders applicable to
members of the Armed Forces assigned to such
installations and certain other individuals.
Sec. 550B. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 550C. Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the military
installations to which assigned.
Sec. 550D. Enhancing the capability of military criminal investigative
organizations to prevent and combat child sexual
exploitation.
Sec. 550E. Feasibility study on establishment of database of military
protective orders.
Sec. 550F. GAO review of USERRA and SCRA.
Subtitle F--Member Education
Sec. 551. Authority for detail of certain enlisted members of the Armed
Forces as students at law schools.
Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE
Program.
Sec. 553. Degree granting authority for United States Army Armament
Graduate School; limitation on establishment of certain
educational institutions.
Sec. 554. Prohibition on off-duty employment for cadets and midshipmen
completing obligated service after graduation.
Sec. 555. Consideration of request for transfer of a cadet or
midshipman at a military service academy who is the
victim of a sexual assault or related offense.
Sec. 556. Redesignation of the Commandant of the United States Air
Force Institute of Technology as the Director and
Chancellor of such Institute.
Sec. 557. Eligibility of additional enlisted members for associate
degree programs of the Community College of the Air
Force.
Sec. 558. Speech disorders of cadets and midshipmen.
Sec. 559. Requirement to continue provision of tuition assistance for
members of the Armed Forces.
Sec. 560. Information on institutions of higher education participating
in the Department of Defense Tuition Assistance Program.
Sec. 560A. Inclusion of information on free credit monitoring in annual
financial literacy briefing.
Sec. 560B. Programs to facilitate the award of private pilot's
certificates.
Subtitle G--Member Training and Transition
Sec. 561. Requirement to provide information regarding benefits claims
to members during TAP counseling.
Sec. 562. Participation of other Federal agencies in the SkillBridge
apprenticeship and internship program for members of the
Armed Forces.
Sec. 563. First modification of elements of report on the improved
Transition Assistance Program.
Sec. 564. Second modification of elements of report on the improved
Transition Assistance Program.
Sec. 565. Prohibition on gender-segregated training at Marine Corps
Recruit Depots.
Sec. 566. Assessment of deaths of recruits under the jurisdiction of
the Secretaries of the military departments.
Sec. 567. Review of Department of Defense training programs regarding
disinformation campaigns.
Sec. 568. Command matters in connection with transition assistance
programs.
Sec. 569. Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty (DD
Form 214).
Sec. 570. Records of service for Reserves.
Sec. 570A. Limitations and requirements in connection with separations
for members of the Armed Forces who suffer from mental
health conditions in connection with a sex-related,
intimate partner violence-related, or spousal-abuse
offense.
Sec. 570B. Prohibition on involuntary separation of certain members of
the Armed Forces; consideration of military service in
removal determinations.
Sec. 570C. Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form 2648).
Sec. 570D. Counseling for members of the Armed Forces who are not
citizens of the United States on naturalization in the
United States.
Sec. 570E. Pilot program on information sharing between Department of
Defense and designated relatives and friends of members
of the Armed Forces regarding the experiences and
challenges of military service.
Sec. 570F. Connections of members retiring or separating from the Armed
Forces with community-based organizations and related
entities.
Sec. 570G. Pilot program regarding online application for the
Transition Assistance Program.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Authorizing members to take leave for a birth or adoption in
more than one increment.
Sec. 572. Deferred deployment for members who give birth.
Sec. 573. Authority of the Secretary concerned to transport remains of
a covered decedent to no more than two places selected by
the person designated to direct disposition of the
remains.
Sec. 574. Military funeral honors matters.
Sec. 575. Improvement of occupational license portability for relocated
spouses of members of the uniformed services.
Sec. 576. Continued eligibility for education and training
opportunities for spouses of promoted members.
Sec. 577. Modification to authority to reimburse for State licensure
and certification costs of a spouse of a servicemember
arising from relocation.
Sec. 578. Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance Program.
Sec. 579. Annual State report card.
Sec. 580. Improvements to child care for members of the Armed Forces.
Sec. 580A. Transportation of remains of casualties; travel expenses for
next of kin.
Sec. 580B. Meetings of officials of the Department of Defense with
representative groups of survivors of deceased members of
the Armed Forces.
Sec. 580C. Information and opportunities for registration for voting
and absentee ballot requests for members of the Armed
Forces undergoing deployment overseas.
Sec. 580D. Study on two-way military ballot barcode tracking.
Sec. 580E. Assistance to schools with military dependent students.
Sec. 580F. First expansion of the My Career Advancement Account program
for military spouses.
Sec. 580G. Second expansion of the My Career Advancement Account
program for military spouses.
[[Page H9393]]
Sec. 580H. Report on training and support available to military
spouses.
Sec. 580I. Ri'katak Guest Student Program at United States Army
Garrison-Kwajalein Atoll.
Subtitle I--Decorations and Awards
Sec. 581. Modification of authorities on eligibility for and
replacement of gold star lapel buttons.
Sec. 582. Standardization of honorable service requirement for award of
military decorations.
Sec. 583. Authorization for award of the Medal of Honor to John J.
Duffy for acts of valor in Vietnam.
Sec. 584. Review of World War I valor medals.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys.
Sec. 592. Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in military adaptive
sports programs.
Sec. 593. Questions in surveys regarding extremist activity in the
workplace.
Sec. 594. Study on best practices for providing financial literacy
education for separating members of the Armed Forces.
Sec. 595. Report on oversight of authorized strengths of certain grades
of commissioned regular and reserve officers of the Armed
Forces.
Sec. 596. Report on certain waivers.
Sec. 597. Notifications on manning of afloat naval forces.
Sec. 598. Report regarding use of aerial systems of the Department of
Defense to support agencies of States, Territories, and
the Federal Government.
Sec. 599. Information for members of the Armed Forces on availability
of services of the Department of Veterans Affairs
relating to sexual trauma.
Sec. 599A. Authority to issue an honorary promotion to Colonel Charles
E. McGee, United States Air Force (ret.), to the grade of
brigadier general.
Sec. 599B. Authority to issue an honorary and posthumous promotion to
Lieutenant Colonel Richard Cole, United States Air Force
(ret.), to the grade of colonel.
Sec. 599C. Sense of Congress on the honorable and distinguished service
of General Joseph F. Dunford, United States Marine Corps,
to the United States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization
and rehabilitation resulting from wounds, injury, or
illness incurred while on duty in a hostile fire area or
exposed to an event of hostile fire or other hostile
action.
Sec. 602. Continued entitlements while a member of the Armed Forces
participates in a career intermission program.
Sec. 603. Exemption from repayment of voluntary separation pay.
Sec. 604. Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service.
Sec. 605. Temporary adjustment of rates of basic allowance for housing
following determination that local civilian housing costs
significantly differ from such rates.
Sec. 606. Reinvestment of travel refunds by the Department of Defense.
Sec. 607. Addition of partial dislocation allowance to allowable travel
and transportation expenses for servicemembers.
Sec. 608. Reductions on account of earnings from work performed while
entitled to an annuity supplement.
Sec. 609. Increase in basic pay.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of eligibility for exceptional transitional
compensation for dependents to dependents of current
members.
Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor
annuities by amount of dependency and indemnity
compensation.
Sec. 623. Death gratuity for ROTC graduates.
Sec. 624. Expansion of authority to provide financial assistance to
civilian providers of child care services or youth
program services who provide such services to survivors
of members of the Armed Forces who die in combat in the
line of duty.
Sec. 625. Casualty assistance for survivors of deceased ROTC graduates.
Subtitle D--Defense Resale Matters
Sec. 631. Defense resale system matters.
Sec. 632. Procurement by commissary stores of certain locally sourced
products.
Sec. 633. GAO review of defense resale optimization study.
Subtitle E--Morale, Welfare, and Recreation Privileges
Sec. 641. Extension of certain morale, welfare, and recreation
privileges to Foreign Service officers on mandatory home
leave.
Sec. 642. Extension of pilot program on a Government lodging program.
Subtitle F--Reports and Other Matters
Sec. 651. Annual reports on approval of employment or compensation of
retired general or flag officers by foreign governments
for emoluments clause purposes.
Sec. 652. Report regarding transition from overseas housing allowance
to basic allowance for housing for servicemembers in the
territories.
Sec. 653. Report on extension to members of the reserve components of
the Armed Forces of special and incentive pays for
members of the Armed Forces not currently payable to
members of the reserve components.
Sec. 654. Study regarding recoupment of separation pay, special
separation benefits, and voluntary separation incentive
payments from members of the Armed Forces and veterans
who receive disability compensation under laws
administered by the Secretary of Veterans Affairs.
Sec. 655. Report on implementation of contributions to the Department
of Defense Military Retirement Fund based on pay costs
per Armed Force rather than on Armed Forces-wide basis.
Sec. 656. Report on food insecurity among members of the Armed Forces
and their dependents.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve.
Sec. 702. TRICARE payment options for retirees and their dependents.
Sec. 703. Lead level screening and testing for children.
Sec. 704. Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of periodic health
assessments and other physical examinations.
Sec. 705. Enhancement of recordkeeping with respect to exposure by
members of the Armed Forces to certain occupational and
environmental hazards while deployed overseas.
Sec. 706. Modifications to post-deployment mental health assessments
for members of the Armed Forces deployed in support of a
contingency operation.
Sec. 707. Provision of blood testing for firefighters of Department of
Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle B--Health Care Administration
Sec. 711. Modification of organization of military health system.
Sec. 712. Support by military health system of medical requirements of
combatant commands.
Sec. 713. Requirements for certain prescription drug labels.
Sec. 714. Officers authorized to command Army dental units.
Sec. 715. Improvements to interagency program office of the Department
of Defense and the Department of Veterans Affairs.
Sec. 716. Expansion of strategy to improve acquisition of managed care
support contracts under TRICARE program.
Sec. 717. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 718. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 719. Limitation on the realignment or reduction of military
medical manning end strength.
Sec. 720. Strategy to recruit and retain mental health providers.
Sec. 721. Development of partnerships to improve combat casualty care
for personnel of the Armed Forces.
Sec. 722. Modification to referrals for mental health services.
Subtitle C--Reports and Other Matters
Sec. 731. Authorization of claims by members of the uniformed services
against the United States for personal injury or death
caused by medical malpractice.
Sec. 732. Extension and clarification of authority for Joint Department
of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund.
Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine.
Sec. 734. Establishment of Academic Health System in National Capital
Region.
Sec. 735. Provision of veterinary services by veterinary professionals
of the Department of Defense in emergencies.
Sec. 736. Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund.
Sec. 737. Preservation of resources of the Army Medical Research and
Materiel Command and continuation as Center of
Excellence.
[[Page H9394]]
Sec. 738. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 739. National Guard suicide prevention pilot program.
Sec. 740. Pilot Program on civilian and military partnerships to
enhance interoperability and medical surge capability and
capacity of National Disaster Medical System.
Sec. 741. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the
Department of Defense.
Sec. 742. Modification of requirements for longitudinal medical study
on blast pressure exposure of members of the Armed Forces
and collection of exposure information.
Sec. 743. Study and plan on the use of military-civilian integrated
health delivery systems.
Sec. 744. Study on case management in the military health system.
Sec. 745. Report on Global Health Security Strategy and the National
Biodefense Security.
Sec. 746. Study on establishment of wounded warrior service dog
program.
Sec. 747. GAO report on Department of Defense quality assurance program
and impacts of medical malpractice actions.
Sec. 748. Reports on Millennium Cohort Study relating to women members
of the Armed Forces.
Sec. 749. Study on effects of sleep deprivation on readiness of members
of the Armed Forces.
Sec. 750. Study and report on traumatic brain injury mitigation
efforts.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 800. Authority for continuous integration and delivery of software
applications and upgrades to embedded systems.
Sec. 801. Pilot program on intellectual property evaluation for
acquisition programs.
Sec. 802. Pilot program to use alpha contracting teams for complex
requirements.
Sec. 803. Failure to provide other than certified cost or pricing data
upon request.
Sec. 804. Comptroller General report on price reasonableness.
Sec. 805. Limitation on transfer of funds related to cost overruns and
cost underruns.
Sec. 806. Standardizing data collection and reporting on use of source
selection procedures by Federal agencies.
Sec. 807. Department of Defense use of fixed-price contracts.
Sec. 808. Repeal of continuation of data rights during challenges.
Sec. 809. Repeal of authority to waive acquisition laws to acquire
vital national security capabilities.
Sec. 810. Repeal of the Defense Cost Accounting Standards Board.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 815. Modification of Director of Operational Test and Evaluation
report.
Sec. 816. Modification of written approval requirement for task and
delivery order single contract awards.
Sec. 817. Responsibility for data analysis and requirements validation
for services contracts.
Sec. 818. Documentation of market research related to commercial item
determinations.
Sec. 819. Availability of data on the use of other transaction
authority and report on the use of authority to carry out
prototype projects.
Sec. 820. Notification of Navy procurement production disruptions.
Sec. 821. Modification to acquisition authority of the Commander of the
United States Cyber Command.
Sec. 822. Extension of Never Contract With the Enemy.
Sec. 823. Modification of justification and approval requirement for
certain Department of Defense contracts.
Sec. 824. Extension of sunset relating to Federal Data Center
Consolidation Initiative.
Sec. 825. Pilot program to accelerate contracting and pricing
processes.
Sec. 826. Uniformity in application of micro-purchase threshold to
certain task or delivery orders.
Sec. 827. Requirement for cost estimates on models of commercial e-
commerce portal program.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 830. Modification of requirements for reporting to Congress on
certain acquisition programs.
Sec. 831. Pilot program to streamline decision-making processes for
weapon systems.
Sec. 832. Analysis of alternatives pursuant to materiel development
decisions.
Sec. 833. Naval vessel certification required before Milestone B
approval.
Subtitle D--Provisions Relating to the Acquisition System
Sec. 835. Extramural acquisition innovation and research activities.
Sec. 836. Report on realignment of the defense acquisition system to
implement acquisition reforms.
Sec. 837. Report and limitation on the availability of funds relating
to the ``middle tier'' of acquisition programs.
Sec. 838. Report on intellectual property policy and the cadre of
intellectual property experts.
Sec. 839. Guidance and reports relating to covered defense business
systems.
Sec. 840. Implementation guidance for use of a modular open system
approach.
Sec. 841. Limitation on availability of funds for the Office of the
Chief Management Officer of the Department of Defense.
Subtitle E--Industrial Base Matters
Sec. 845. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 846. Report requirements for the national technology and
industrial base.
Sec. 847. Mitigating risks related to foreign ownership, control, or
influence of Department of Defense contractors or
subcontractors.
Sec. 848. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 849. Modification of prohibition on acquisition of sensitive
materials from non-allied foreign nations.
Sec. 850. Acquisition and disposal of certain rare earth materials.
Sec. 851. Pilot program for development of technology-enhanced
capabilities with partnership intermediaries.
Sec. 852. Authorized official to carry out the procurement technical
assistance cooperative agreement program.
Sec. 853. Requirement that certain ship components be manufactured in
the national technology and industrial base.
Sec. 854. Addition of domestically produced stainless steel flatware
and dinnerware to the Berry Amendment.
Sec. 855. Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program.
Sec. 856. Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate Program.
Sec. 857. Sense of Congress regarding consideration of price in
procurement of the FFG(X) frigate.
Subtitle F--Provisions Relating to Acquisition Workforce
Sec. 860. Establishment of Defense Civilian Training Corps.
Sec. 861. Defense acquisition workforce certification, education, and
career fields.
Sec. 862. Software development and software acquisition training and
management programs.
Sec. 863. Modification of temporary assignments of Department of
Defense employees to a private-sector organization.
Sec. 864. Incentives and consideration for qualified training programs.
Sec. 865. Use of qualified apprentices by military construction
contractors.
Subtitle G--Small Business Matters
Sec. 870. Requirements relating to credit for certain small business
concern subcontractors.
Sec. 871. Inclusion of best in class designations in annual report on
small business goals.
Sec. 872. Reauthorization and improvement of Department of Defense
Mentor-Protege Program.
Sec. 873. Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act.
Sec. 874. Postaward explanations for unsuccessful offerors for certain
contracts.
Sec. 875. Small business contracting credit for subcontractors that are
Puerto Rico businesses or covered territory businesses.
Sec. 876. Technical amendment regarding treatment of certain surviving
spouses under the definition of small business concern
owned and controlled by service-disabled veterans.
Sec. 877. Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond
periods of military conflict.
Sec. 878. Modification to the Defense Research and Development Rapid
Innovation Program.
Sec. 879. Alignment of the Department of Defense Small Business
Innovation Research Program and Small Business Technology
Transfer Program with the National Defense Science and
Technology Strategy.
Sec. 880. Assistance for small business concerns participating in the
SBIR and STTR programs.
Sec. 881. Cybersecurity technical assistance for SBIR and STTR
programs.
Sec. 882. Funding for defense research activities of small business
concerns.
Sec. 883. Modifications to budget display requirements for the
Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program.
Sec. 884. Pilot program for domestic investment under the SBIR program.
[[Page H9395]]
Subtitle H--Other Matters
Sec. 885. Review of guidance to contractors on nondiscrimination on the
basis of sex.
Sec. 886. Comptroller General report on contractor violations of
certain labor laws.
Sec. 887. Comptroller General report on contingency contracting.
Sec. 888. Policies and procedures for contractors to report gross
violations of internationally recognized human rights.
Sec. 889. Comptroller General report on oversight of contractors
providing private security functions.
Sec. 890. Prohibition on contracting with persons that have business
operations with the Maduro regime.
Sec. 891. Report on the Combating Trafficking in Persons initiative.
Sec. 892. Improved management of information technology and cyberspace
investments.
Sec. 893. Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Headquarters activities of the Department of Defense matters.
Sec. 902. Clarifying the roles and responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and
the Under Secretary of Defense for Research and
Engineering.
Sec. 903. Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and
related matters.
Sec. 904. Assessments of responsibilities and authorities of the Chief
Management Officer of the Department of Defense.
Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal
Cyber Advisor.
Sec. 906. Exclusion from limitations on personnel in the Office of the
Secretary of Defense and Department of Defense
headquarters of fellows appointed under the John S.
McCain Defense Fellows Program.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
Subtitle C--Other Department of Defense Organization and Management
Matters
Sec. 921. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of
Defense.
Sec. 922. Limitation on consolidation of Defense Media Activity.
Sec. 923. Report on resources to implement the civilian casualty policy
of the Department of Defense.
Subtitle D--United States Space Force
Sec. 951. Short title.
Sec. 952. The Space Force.
Sec. 953. Chief of Space Operations.
Sec. 954. Space Force Acquisition Council.
Sec. 955. Assistant Secretary of Defense for Space Policy.
Sec. 956. Assistant Secretary of the Air Force for Space Acquisition
and Integration.
Sec. 957. Service Acquisition Executive of the Department of the Air
Force for Space Systems and Programs.
Sec. 958. Conforming amendments and clarification of authorities.
Sec. 959. Effects on military installations.
Sec. 960. Availability of funds.
Sec. 961. Implementation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Defense Business Audit Remediation Plan.
Sec. 1003. Financial improvement and audit remediation plan.
Sec. 1004. Reporting requirements relating to Department of Defense
audits.
Sec. 1005. Inclusion of certain military construction projects in
annual reports on unfunded priorities of the Armed Forces
and the combatant commands.
Sec. 1006. Prohibition on delegation of responsibility for submittal to
Congress of Out-Year Unconstrained Total Munitions
Requirements and Out-Year Inventory numbers.
Sec. 1007. Annual budget justification display for service-common and
other support and enabling capabilities for special
operations forces.
Sec. 1008. Element in annual reports on the Financial Improvement and
Audit Remediation Plan on activities with respect to
classified programs.
Sec. 1009. Plan of the Department of Defense for financial management
information.
Sec. 1010. Update of authorities and renaming of Department of Defense
Acquisition Workforce Development Fund.
Sec. 1011. Transparency of accounting firms used to support Department
of Defense audit.
Sec. 1012. Modification of required elements of annual reports on
emergency and extraordinary expenses of the Department of
Defense.
Subtitle B--Counterdrug Activities
Sec. 1021. Modification of authority to support a unified counterdrug
and counterterrorism campaign in Colombia.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Sense of Congress regarding Department of Defense
counterdrug activities in the transit zone and Caribbean
basin.
Sec. 1024. Assessment of impact of any planned or proposed border wall
on volume of illegal narcotics.
Subtitle C--Naval Vessels
Sec. 1031. Modification of authority to purchase vessels using funds in
National Defense Sealift Fund.
Sec. 1032. Use of National Defense Sealift Fund for procurement of two
used vessels.
Sec. 1033. Transportation by sea of supplies for the Armed Forces and
Defense Agencies.
Sec. 1034. Senior Technical Authority for each naval vessel class.
Sec. 1035. Permanent authority for sustaining operational readiness of
littoral combat ships on extended deployment.
Sec. 1036. Formal training for shipboard system programs of record.
Sec. 1037. Report on shipbuilder training and the defense industrial
base.
Sec. 1038. Use of competitive procedures for CVN-80 and CVN-81 dual
aircraft carrier contract.
Sec. 1039. Report on expanding naval vessel maintenance.
Subtitle D--Counterterrorism
Sec. 1041. Modification of support of special operations to combat
terrorism.
Sec. 1042. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1044. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1045. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1046. Chief Medical Officer at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1047. Independent assessment on gender and countering violent
extremism.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments.
Sec. 1052. Explosive ordnance defense disposal program.
Sec. 1053. Technical correction and extension of reporting requirement
regarding enhancement of information sharing and
coordination of military training between Department of
Homeland Security and Department of Defense.
Sec. 1054. Notification on the provision of defense sensitive support.
Sec. 1055. Revision to authorities relating to mail service for members
of the Armed Forces and Department of Defense civilians
overseas.
Sec. 1056. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1057. Expenditure of funds for Department of Defense intelligence
and counterintelligence activities.
Sec. 1058. Limitation on use of funds for the inactivation of Army
watercraft units.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Report on the probationary period for Department of Defense
employees.
Sec. 1103. Civilian personnel management.
Sec. 1104. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1105. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
[[Page H9396]]
Sec. 1106. Performance of civilian functions by military personnel.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
Sec. 1108. Authority to provide additional allowances and benefits for
certain Defense Clandestine Service employees.
Sec. 1109. Modification of direct hire authorities for the Department
of Defense.
Sec. 1110. Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act.
Sec. 1111. Continuing supplemental dental and vision benefits and long-
term care insurance coverage during a Government
shutdown.
Sec. 1112. Limitation on transfer of Office of Personnel Management.
Sec. 1113. Assessment of Accelerated Promotion Program suspension.
Sec. 1114. Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and relocation.
Sec. 1115. Clarification of limitation on expedited hiring authority
for post-secondary students.
Sec. 1116. Modification of temporary assignments of Department of
Defense employees to a private-sector organization.
Sec. 1117. Extension of authority for part-time reemployment.
Subtitle B--Fair Chance Act
Sec. 1121. Short title.
Sec. 1122. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 1123. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 1124. Report on employment of individuals formerly incarcerated in
Federal prisons.
Subtitle C--ATC Hiring Reform
Sec. 1131. Short title; definition.
Sec. 1132. Hiring of air traffic control specialists.
Sec. 1133. Ensuring hiring preference for applicants with experience at
an air traffic control facility of the National Guard.
Sec. 1134. FAA reports on air traffic controller hiring and training.
Sec. 1135. DOT Inspector General review and report.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign
security forces.
Sec. 1202. Modification and extension of cross servicing agreements for
loan of personnel protection and personnel survivability
equipment in coalition operations.
Sec. 1203. Modifications of authorities relating to acquisition and
cross-servicing agreements.
Sec. 1204. Modification of quarterly report on obligation and
expenditure of funds for security cooperation programs
and activities.
Sec. 1205. Gender perspectives and participation by women in security
cooperation activities.
Sec. 1206. Plan to provide consistency of administration of authorities
relating to vetting of units of security forces of
foreign countries; modification of assessment,
monitoring, and evaluation of security cooperation
programs and activities.
Sec. 1207. Extension of authority for support of special operations for
irregular warfare.
Sec. 1208. Extension and modification of Commanders' Emergency Response
Program and elimination of certain payments to redress
injury and loss.
Sec. 1209. Two-year extension of program authority for Global Security
Contingency Fund.
Sec. 1210. Legal institutional capacity building initiative for foreign
defense institutions.
Sec. 1210A. Department of Defense support for stabilization activities
in national security interest of the United States.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan.
Sec. 1212. Extension and modification of authority to acquire products
and services produced in countries along a major route of
supply to Afghanistan.
Sec. 1213. Authority for certain payments to redress injury and loss.
Sec. 1214. Extension and modification of semiannual report on enhancing
security and stability in Afghanistan.
Sec. 1215. Special Immigrant Visa program reporting requirement.
Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations.
Sec. 1217. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1218. Support for reconciliation activities led by the Government
of Afghanistan.
Sec. 1219. Modification and extension of the Afghan Special Immigrant
Visa Program.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification of authority and limitation on use of funds to
provide assistance to counter the Islamic State of Iraq
and Syria.
Sec. 1222. Extension and modification of authority to provide
assistance to vetted Syrian groups and individuals.
Sec. 1223. Modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Establishing a coordinator for detained ISIS members and
relevant displaced populations in Syria.
Sec. 1225. Report on lessons learned from efforts to liberate Mosul and
Raqqah from control of the Islamic State of Iraq and
Syria.
Sec. 1226. Expansion of availability of financial assets of Iran to
victims of terrorism.
Sec. 1227. Report on the status of deconfliction channels with Iran.
Sec. 1228. Prohibition on provision of weapons and other forms of
support to certain organizations.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1233. Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between the United
States and Russia.
Sec. 1234. United States participation in Open Skies Treaty.
Sec. 1235. Modifications of briefing, notification, and reporting
requirements relating to non-compliance by the Russian
Federation with its obligations under the INF Treaty.
Sec. 1236. Report on treaties relating to nuclear arms control.
Sec. 1237. Reports relating to the New START Treaty.
Sec. 1238. Report on military activities of the Russian Federation and
the People's Republic of China in the Arctic region.
Sec. 1239. Updated strategy to counter the threat of malign influence
by the Russian Federation and other countries.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1242. Prohibition on the use of funds to suspend, terminate, or
provide notice of denunciation of the North Atlantic
Treaty.
Sec. 1243. Future years plans and planning transparency for the
European Deterrence Initiative.
Sec. 1244. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1245. Limitation on transfer of F-35 aircraft to Turkey.
Sec. 1246. Baltic defense assessment; extension and modification of
security assistance for Baltic countries for joint
program for interoperability and deterrence against
aggression.
Sec. 1247. Extension of authority for and report on training for
Eastern European national security forces in the course
of multilateral exercises.
Sec. 1248. Extension and modification of NATO Special Operations
Headquarters.
Sec. 1249. North Atlantic Treaty Organization Joint Force Command.
Sec. 1250. Report on North Atlantic Treaty Organization Readiness
Initiative.
Sec. 1250A. Repeal of prohibition on transfer of articles on the United
States munitions list to the Republic of Cyprus.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and
limitation on use of funds.
Sec. 1253. Report on resourcing United States defense requirements for
the Indo-Pacific region and study on competitive
strategies.
Sec. 1254. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who
are deployed to South Korea.
Sec. 1255. Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea.
Sec. 1256. Sense of Congress on security commitments to the Governments
of Japan and the Republic of Korea and trilateral
cooperation among the United States, Japan, and the
Republic of Korea.
Sec. 1257. Sense of Congress on North Korea.
[[Page H9397]]
Sec. 1258. Statement of policy and sense of Congress on, and strategy
to fulfill obligations under, Mutual Defense Treaty with
the Republic of the Philippines.
Sec. 1259. Report on security cooperation with the Philippine National
Police.
Sec. 1260. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260A. Report on foreign military activities in Pacific Island
countries.
Sec. 1260B. Report on cybersecurity activities with Taiwan.
Sec. 1260C. Review and report related to the Taiwan Relations Act.
Sec. 1260D. Sense of Congress on enhancement of the United States-
Taiwan defense relationship.
Sec. 1260E. Chinese foreign direct investment in countries of the
Arctic region.
Sec. 1260F. Sense of Congress on policy toward Hong Kong.
Sec. 1260G. Sense of Congress on enhancing defense and security
cooperation with the Republic of Singapore.
Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from
entity list of Bureau of Industry and Security.
Sec. 1260J. Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order.
Sec. 1260K. Report on the lay-down of United States Marines in the
Indo-Pacific Region.
Subtitle G--Other Matters
Sec. 1261. Modification to report on legal and policy frameworks for
the use of military force.
Sec. 1262. Independent review of sufficiency of resources available to
United States Southern Command and United States Africa
Command.
Sec. 1263. United States Central Command posture assessment and review.
Sec. 1264. Limitation on production of nuclear proliferation assessment
statements.
Sec. 1265. Western Hemisphere resource assessment.
Sec. 1266. Human rights in Brazil.
Sec. 1267. Certification relating to assistance for Guatemala.
Sec. 1268. Independent analysis of human rights situation in Honduras.
Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian
military to prevent, mitigate, and respond to civilian
harm.
Sec. 1270. Report on implications of Chinese military presence in
Djibouti.
Sec. 1271. Rule of construction on the permanent stationing of United
States Armed Forces in Somalia.
Sec. 1272. Defense and diplomatic strategy for Libya.
Sec. 1273. Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing civil
war in Yemen.
Sec. 1274. Report on Saudi-led coalition strikes in Yemen.
Sec. 1275. Reports on expenses incurred for in-flight refueling of
Saudi coalition aircraft conducting missions relating to
civil war in Yemen.
Sec. 1276. Report on Saudi Arabia's human rights record.
Sec. 1277. Report on intelligence community assessment relating to the
killing of Washington Post columnist Jamal Khashoggi.
Sec. 1278. United States-Israel cooperation to counter unmanned aerial
systems.
Sec. 1279. Extension and modification of authority for United States-
Israel anti-tunnel cooperation activities.
Sec. 1280. Report on cost imposition strategy.
Sec. 1281. Modification of initiative to support protection of national
security academic researchers from undue influence and
other security threats.
Sec. 1282. Modification of responsibility for policy on civilian
casualty matters.
Sec. 1283. Report on export of certain satellites to entities with
certain beneficial ownership structures.
Sec. 1284. Rule of construction relating to the use of military force.
Sec. 1285. Reports and briefings on use of military force and support
of partner forces.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense inspector general.
Sec. 1405. Defense health program.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Treatment as additional authorizations.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
Sec. 1511. Overseas contingency operations.
Sec. 1512. Procurement.
Sec. 1513. Research, development, test, and evaluation.
Sec. 1514. Operation and maintenance.
Sec. 1515. Military personnel.
Sec. 1516. Working capital funds.
Sec. 1517. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1518. Defense inspector general.
Sec. 1519. Defense health program.
Sec. 1520. Afghanistan security forces fund.
Sec. 1520A. Special transfer authority.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
Sec. 1521. Procurement.
Sec. 1522. Research, development, test, and evaluation.
Sec. 1523. Operation and maintenance.
Sec. 1524. Restriction on transfer of funds authorized by this
subtitle.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Repeal of requirement to establish United States Space
Command as a subordinate unified command of the United
States Strategic Command.
Sec. 1602. Coordination of modernization efforts relating to military-
code capable GPS receiver cards.
Sec. 1603. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1604. Annual determination on plan on full integration and
exploitation of overhead persistent infrared capability.
Sec. 1605. Space-based environmental monitoring mission requirements.
Sec. 1606. Resilient enterprise ground architecture.
Sec. 1607. Prototype program for multi-global navigation satellite
system receiver development.
Sec. 1608. Commercial space situational awareness capabilities.
Sec. 1609. Program to enhance and improve launch support and
infrastructure.
Sec. 1610. Preparation to implement plan for use of allied launch
vehicles.
Sec. 1611. Independent study on plan for deterrence in space.
Sec. 1612. Study on leveraging diverse commercial satellite remote
sensing capabilities.
Sec. 1613. Annual report on Space Command and Control program.
Sec. 1614. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence
as Under Secretary of Defense for Intelligence and
Security.
Sec. 1622. Modifications to ISR Integration Council and annual briefing
requirements.
Sec. 1623. Modification of annual authorization of appropriations for
National Flagship Language Initiative.
Sec. 1624. Improving the onboarding methodology for intelligence
personnel.
Sec. 1625. Defense Counterintelligence and Security Agency activities
on facilitating access to local criminal records
historical data.
Sec. 1626. Survey and report on alignment of intelligence collections
capabilities and activities with Department of Defense
requirements.
Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense
Counterintelligence and Security Agency.
Sec. 1628. Report on the expanded purview of the Defense
Counterintelligence and Security Agency.
Sec. 1629. Termination of requirement for Department of Defense
facility access clearances for joint ventures composed of
previously-cleared entities.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Matters relating to military operations in the information
environment.
Sec. 1632. Notification requirements for sensitive military cyber
operations.
Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense.
Sec. 1634. Quarterly assessments of the readiness of Cyber Mission
Forces.
Sec. 1635. Cyber posture review.
Sec. 1636. Modification of elements of assessment required for
termination of dual-hat arrangement for Commander of the
United States Cyber Command.
Sec. 1637. Modification of cyber scholarship program.
Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1639. Extension of the Cyberspace Solarium Commission.
Sec. 1640. Authority to use operation and maintenance funds for cyber
operations-peculiar capability development projects.
[[Page H9398]]
Sec. 1641. Role of Chief Information Officer in improving enterprise-
wide cybersecurity.
Sec. 1642. Notification of delegation of authorities to the Secretary
of Defense for military operations in cyberspace.
Sec. 1643. Limitation of funding for Consolidated Afloat Networks and
Enterprise Services.
Sec. 1644. Annual military cyberspace operations report.
Sec. 1645. Annual report on cyber attacks and intrusions against the
Department of Defense by certain foreign entities.
Sec. 1646. Control and analysis of Department of Defense data stolen
through cyberspace.
Sec. 1647. Use of National Security Agency cybersecurity expertise to
support evaluation of commercial cybersecurity products.
Sec. 1648. Framework to enhance cybersecurity of the United States
defense industrial base.
Sec. 1649. Report on cybersecurity training programs.
Sec. 1650. National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace.
Sec. 1651. Reorientation of Big Data Platform program.
Sec. 1652. Zero-based review of Department of Defense cyber and
information technology personnel.
Sec. 1653. Study on improving cyber career paths in the Navy.
Sec. 1654. Accreditation standards and processes for cybersecurity and
information technology products and services.
Sec. 1655. Study on future cyber warfighting capabilities of Department
of Defense.
Sec. 1656. Study to determine the optimal strategy for structuring and
manning elements of the Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and
Cyber Operations-Integrated Planning Elements.
Sec. 1657. Cyber governance structures and Principal Cyber Advisors on
military cyber force matters.
Sec. 1658. Designation of test networks for testing and accreditation
of cybersecurity products and services.
Sec. 1659. Consortia of universities to advise Secretary of Defense on
cybersecurity matters.
Sec. 1660. Joint assessment of Department of Defense cyber red team
capabilities, capacity, demand, and requirements.
Subtitle D--Nuclear Forces
Sec. 1661. Conforming amendment to Council on Oversight of the National
Leadership Command, Control, and Communications System.
Sec. 1662. Modification of authorities relating to nuclear command,
control, and communications system.
Sec. 1663. Briefings on meetings held by Nuclear Weapons Council.
Sec. 1664. Consideration of budget matters at meetings of Nuclear
Weapons Council.
Sec. 1665. Improvement to annual report on the modernization of the
nuclear weapons enterprise.
Sec. 1666. Expansion of officials required to conduct biennial
assessments of delivery platforms for nuclear weapons and
nuclear command and control system.
Sec. 1667. Extension of annual briefing on costs of forward-deploying
nuclear weapons in Europe.
Sec. 1668. Elimination of conventional requirement for long-range
standoff weapon.
Sec. 1669. Briefing on long-range standoff weapon and sea-launched
cruise missile.
Sec. 1670. Extension of prohibition on availability of funds for mobile
variant of ground-based strategic deterrent missile.
Sec. 1671. Reports on development of ground-based strategic deterrent
weapon.
Sec. 1672. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1673. Independent study on policy of no-first-use of nuclear
weapons.
Sec. 1674. Independent study on risks of nuclear terrorism and nuclear
war.
Sec. 1675. Report on military-to-military dialogue to reduce risks of
miscalculation leading to nuclear war.
Sec. 1676. Report on nuclear forces of the United States and near-peer
countries.
Sec. 1677. Report on operation of conventional forces of military
departments under employment or threat of employment of
nuclear weapons.
Sec. 1678. Report on operation of conventional forces of certain
combatant commands under employment or threat of
employment of nuclear weapons.
Sec. 1679. Briefings on plan for future-systems-level architecture of
nuclear command, control, and communications systems.
Sec. 1680. Sense of Congress on nuclear deterrence commitments of the
United States.
Subtitle E--Missile Defense Programs
Sec. 1681. National missile defense policy.
Sec. 1682. Development of space-based ballistic missile intercept
layer.
Sec. 1683. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1684. Modifications to required testing by Missile Defense Agency
of ground-based midcourse defense element of ballistic
missile defense system.
Sec. 1685. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production.
Sec. 1686. Limitation on availability of funds for lower tier air and
missile defense sensor.
Sec. 1687. Plan for the redesigned kill vehicle replacement.
Sec. 1688. Organization, authorities, and billets of the Missile
Defense Agency.
Sec. 1689. Annual assessment of ballistic missile defense system.
Sec. 1690. Command and control, battle management, and communications
program.
Sec. 1691. Missile defense interceptor site in contiguous United
States.
Sec. 1692. Independent study on impacts of missile defense development
and deployment.
Sec. 1693. Report and briefing on multi-volume kill capability.
Subtitle F--Other Matters
Sec. 1694. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1695. Repeal of requirement for commission on electromagnetic
pulse attacks and similar events.
Sec. 1696. Repeal of review requirement for ammonium perchlorate
report.
Sec. 1697. Transferability of conventional prompt global strike weapon
system technologies to surface-launched platforms.
Sec. 1698. Prohibition on availability of funds for certain offensive
ground-launched ballistic or cruise missile systems.
Sec. 1699. Hard and deeply buried targets.
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
Sec. 1701. Modification of annual reporting requirements on defense
manpower.
Sec. 1702. Termination of requirement for submittal to Congress of
certain recurring reports.
Sec. 1703. Modification of annual report on civilian casualties in
connection with United States military operations.
Sec. 1704. Extension of requirement for briefings on the national
biodefense strategy.
Sec. 1705. Authorization of appropriations for title III of the Defense
Production Act of 1950.
Sec. 1706. Report on the Department of Defense plan for mass-casualty
disaster response operations in the Arctic.
Sec. 1707. Transmittal to Congress of requests for assistance from
other departments of the Federal Government that are
approved by the Department of Defense.
Sec. 1708. Report and briefing on implementation of national defense
strategy.
Sec. 1709. Actions to increase analytic support.
Sec. 1710. Inclusion of certain individuals investigated by Inspectors
General in the semiannual report.
Sec. 1711. Annual report on Joint Military Information Support
Operations Web Operations Center.
Sec. 1712. Mobility capability requirements study.
Sec. 1713. Assessment of special operations force structure.
Sec. 1714. Army aviation strategic plan and modernization roadmap.
Sec. 1715. Report on ground-based long-range artillery to counter land
and maritime threats.
Sec. 1716. Independent review of transportation working-capital fund.
Sec. 1717. Geographic command risk assessment of proposed use of
certain aircraft capabilities.
Sec. 1718. Report on backlog of personnel security clearance
adjudications.
Sec. 1719. Report regarding outstanding Government Accountability
Office recommendations.
Sec. 1720. Report on National Guard and United States Northern Command
capacity to meet homeland defense and security incidents.
Sec. 1721. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1722. Report on transfers of equipment to prohibited entities.
Sec. 1723. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities.
Sec. 1724. Review and assessment of mitigation of military helicopter
noise.
Subtitle B--Other Matters
Sec. 1731. Technical, conforming, and clerical amendments.
Sec. 1732. Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification.
[[Page H9399]]
Sec. 1733. Clarification of authority of Inspectors General for
overseas contingency operations.
Sec. 1734. Employment status of annuitants for Inspectors General for
overseas contingency operations.
Sec. 1735. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1736. Exemption from calculation of monthly income, for purposes
of bankruptcy laws, of certain payments from the
Department of Veterans Affairs and the Department of
Defense.
Sec. 1737. Extension of postage stamp for breast cancer research.
Sec. 1738. National Commission on Military Aviation Safety.
Sec. 1739. Guarantee of residency for spouses of members of the
uniformed services.
Sec. 1740. Electromagnetic pulses and geomagnetic disturbances.
Sec. 1741. Improvements to Manufacturing USA Program.
Sec. 1742. Regional innovation program.
Sec. 1743. Aviation workforce development.
Sec. 1744. Oversight of Department of Defense execute orders.
Sec. 1745. Processes and procedures for notifications regarding special
operations forces.
Sec. 1746. Securing American science and technology.
Sec. 1747. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1748. Special Federal Aviation Regulation Working Group.
Sec. 1749. Prohibition on names related to the Confederacy.
Sec. 1750. Support for National Maritime Heritage Grants program.
Sec. 1751. Support for world language advancement and readiness.
Sec. 1752. Designation of Department of Defense strategic Arctic ports.
Sec. 1753. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force
structure .
Sec. 1754. Comprehensive Department of Defense policy on collective
self-defense.
Sec. 1755. Policy regarding the transition of data and applications to
the cloud.
Sec. 1756. Integrated public alert and warning system.
Sec. 1757. Improving quality of information in background investigation
request packages.
Sec. 1758. Parole in place for members of the Armed Forces and certain
military dependents.
Sec. 1759. Report on reducing the backlog in legally required
historical declassification obligations of the Department
of Defense.
Sec. 1760. Military type certification for light attack experimentation
aircraft.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2017 project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorities to carry out phased Joint
Intelligence Analysis Complex consolidation.
Sec. 2306. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2308. Modification of authority to carry out certain fiscal year
2018 projects.
Sec. 2309. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Military installation resilience plans and projects.
Sec. 2802. Improved consultation with tribal governments when proposed
military construction projects potentially impact Indian
tribes.
Sec. 2803. Increased authority for use of certain appropriations
amounts for restoration or replacement of damaged or
destroyed facilities.
Sec. 2804. Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and
climate resiliency, and cyber resilience.
Sec. 2805. Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse
environmental effects.
Sec. 2806. Improved flood risk disclosure for military construction.
Sec. 2807. Prioritization of projects in annual report on unfunded
requirements for laboratory military construction
projects.
Sec. 2808. Technical corrections and improvements to defense access
road resilience.
Sec. 2809. Military construction projects for child development centers
at military installations.
Sec. 2810. Prohibition on use of funds to reduce air base resiliency or
demolish protected aircraft shelters in the European
theater without creating a similar protection from
attack.
Sec. 2811. Prohibition on use of funds to close or return certain bases
to the host nation.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Improved energy security for main operating bases in Europe.
Sec. 2822. Access to Department of Defense installations for
credentialed transportation workers.
Sec. 2823. Improved recording and maintaining of Department of Defense
real property data.
Subtitle C--Land Conveyances
Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah.
Sec. 2832. Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery.
Sec. 2833. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California.
Sec. 2834. Transfer of administrative jurisdiction over certain parcels
of Federal land in Arlington, Virginia.
Subtitle D--Military Land Withdrawals
Sec. 2841. Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the Johnson Valley
Off-Highway Vehicle Recreation Area.
Subtitle E--White Sands National Park and White Sands Missile Range
Sec. 2851. White Sands Missile Range Land Enhancements.
Subtitle F--Other Matters
Sec. 2861. Installation and maintenance of fire extinguishers in
Department of Defense facilities.
Sec. 2862. Definition of community infrastructure for purposes of
military base reuse studies and community planning
assistance.
[[Page H9400]]
Sec. 2863. Temporary authority for acceptance and use of contributions
for certain design and construction projects mutually
beneficial to the Department of Defense and the Republic
of Korea.
Sec. 2864. Black start exercises at military installations.
Sec. 2865. Pilot program to extend service life of roads and runways
under the jurisdiction of the Secretary of Defense.
Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station, Modoc County,
California.
Sec. 2867. Designation of Sumpter Smith Joint National Guard Base.
Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation.
Sec. 2869. Lands to be taken into trust as part of the reservation of
the Lytton Rancheria.
Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana.
Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base.
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION
Subtitle A--Overseas Contingency Operations Military Construction
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2905. Authorization of appropriations.
Subtitle B--Emergency Military Construction
Sec. 2911. Authorization of emergency Navy construction and land
acquisition projects.
Sec. 2912. Authorization of emergency Air Force construction and land
acquisition projects.
Sec. 2913. Authorization of emergency Army National Guard construction
and land acquisition projects.
Sec. 2914. Authorization of emergency Defense Agencies construction and
land acquisition projects.
Sec. 2915. Authorization of emergency supplemental appropriations for
military construction projects.
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
Sec. 3001. Definitions.
Subtitle A--Addition of New Reform Subchapter
Sec. 3011. Improved accountability and oversight of privatized military
housing and protections and responsibilities for tenants
of privatized military housing.
Sec. 3012. Designation of Chief Housing Officer for privatized military
housing.
Sec. 3013. Additional requirements relating to contracts for privatized
military housing.
Sec. 3014. Additional requirements relating to management of privatized
military housing.
Sec. 3015. Consideration of contractor history in contracts for
privatized military housing.
Sec. 3016. Additional improvements for management of privatized
military housing.
Sec. 3017. Maintenance work order system for privatized military
housing.
Sec. 3018. Access by tenants of privatized military housing to
maintenance work order system.
Sec. 3019. Access by tenants to historical maintenance information for
privatized military housing.
Sec. 3020. Prohibition on requirement to disclose personally
identifiable information in certain requests for
maintenance of privatized military housing.
Sec. 3021. Treatment of incentive fees for landlords of privatized
military housing for failure to remedy a health or
environmental hazard.
Sec. 3022. Dispute resolution process for landlord-tenant disputes
regarding privatized military housing and requests to
withhold payments during dispute resolution process.
Sec. 3023. Investigation of reports of reprisals relating to privatized
military housing and congressional notification.
Sec. 3024. Prohibition on use of nondisclosure agreements in connection
with leases of privatized military housing.
Subtitle B--Other Amendatory Provisions
Sec. 3031. Installation of carbon monoxide detectors in military family
housing.
Sec. 3032. Authority to furnish certain services in connection with use
of alternative authority for acquisition and improvement
of military housing.
Sec. 3033. Treatment of breach of contract for privatized military
housing.
Sec. 3034. Modification to requirements for window fall prevention
devices in military family housing units.
Sec. 3035. Expansion of direct hire authority for Department of Defense
for childcare services providers for Department child
development centers to include direct hire authority for
installation military housing office personnel.
Sec. 3036. Modification of authority to make payments to lessors of
privatized military housing.
Sec. 3037. Technical correction to definition used to make payments to
lessors of privatized military housing.
Subtitle C--One-Time Reporting Requirements
Sec. 3041. Report on civilian personnel shortages for appropriate
oversight of management of military housing constructed
or acquired using alternative authority for acquisition
and improvement of military housing.
Sec. 3042. Plans for creation of councils on privatized military
housing.
Sec. 3043. Plan for establishment of Department of Defense jurisdiction
over off-base privatized military housing.
Sec. 3044. Inspector General review of Department of Defense oversight
of privatized military housing.
Sec. 3045. Information on legal services provided to members of the
Armed Forces harmed by health or environmental hazards at
military housing.
Subtitle D--Development of Housing Reform Standards and Processes
Sec. 3051. Uniform code of basic standards for privatized military
housing and plan to conduct inspections and assessments.
Sec. 3052. Tool for assessment of hazards in Department of Defense
housing.
Sec. 3053. Process to identify and address environmental health hazards
in Department of Defense housing.
Sec. 3054. Department of Defense policy on lead-based paint testing on
military installations.
Sec. 3055. Standard for minimum credentials for health and
environmental inspectors of privatized military housing.
Sec. 3056. Requirements relating to move-in, move-out, and maintenance
of privatized military housing.
Sec. 3057. Standardized documentation, templates, and forms for
privatized military housing.
Sec. 3058. Satisfaction survey for tenants of military housing.
Subtitle E--Other Housing Reform Matters
Sec. 3061. Radon testing of privatized military housing.
Sec. 3062. Mitigation of risks posed by certain items in military
family housing units.
Sec. 3063. Suspension of Resident Energy Conservation Program and
related programs for privatized military housing.
Sec. 3064. Department of the Army pilot program to build and monitor
use of single family homes.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Personnel matters at National Nuclear Security
Administration.
Sec. 3112. Estimation of costs of meeting defense environmental cleanup
milestones required by consent orders.
Sec. 3113. Office of Cost Estimating and Program Evaluation.
Sec. 3114. Clarification of certain Stockpile Responsiveness Program
objectives.
Sec. 3115. Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded priorities.
Sec. 3116. Modification to certain requirements relating to plutonium
pit production capacity.
Sec. 3117. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3118. Extension and modification of pilot program on
unavailability for overhead costs of amounts specified
for laboratory-directed research and development.
Sec. 3119. Modification to limitation on availability of funds for
acceleration of nuclear weapons dismantlement.
Sec. 3120. Implementation of common financial reporting system for
nuclear security enterprise.
Sec. 3121. Limitation relating to reclassification of high-level waste.
Sec. 3122. National Laboratory Jobs ACCESS Program.
Subtitle C--Reports and Other Matters
Sec. 3131. Civil penalties for violations of certain whistleblower
protections.
Sec. 3132. Repeal of assessments of adequacy of budget requests
relating to nuclear weapons stockpile.
Sec. 3133. Repeal of requirement for review relating to enhanced
procurement authority.
Sec. 3134. Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3135. Replacement of W78 warhead.
[[Page H9401]]
Sec. 3136. Independent review of capabilities for detection,
verification, and monitoring of nuclear weapons and
fissile material.
Sec. 3137. Assessment of high energy density physics.
Sec. 3138. Determination of effect of treaty obligations with respect
to producing tritium.
Sec. 3139. Technical corrections to National Nuclear Security
Administration Act and Atomic Energy Defense Act.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Reauthorization of Maritime Security Program.
Sec. 3503. Maritime technical assistance program.
Sec. 3504. Appointment of candidates attending sponsored preparatory
school.
Sec. 3505. General support program.
Sec. 3506. Improvements to the maritime guaranteed loan program.
Sec. 3507. Requirement for small shipyard grantees.
Sec. 3508. Salvage recoveries of cargoes.
Sec. 3509. Salvage recoveries for subrogated ownership of vessels and
cargoes.
Sec. 3510. Maritime Occupational Safety and Health Advisory Committee.
Sec. 3511. Military to mariner.
Sec. 3512. Department of Transportation Inspector General Report.
Sec. 3513. Independent study on the United States Merchant Marine
Academy.
Sec. 3514. Port operations, research, and technology.
Sec. 3515. Assessment and report on strategic seaports.
Sec. 3516. Technical corrections.
Sec. 3517. United States Merchant Marine Academy sexual assault
prevention and response program.
Sec. 3518. Report on vessels for emerging offshore energy
infrastructure.
Sec. 3519. Report on United States flagged fuel tanker vessel capacity.
Subtitle B--Cable Security Fleet
Sec. 3521. Establishment of Cable Security Fleet.
Subtitle C--Maritime SAFE Act
Sec. 3531. Short titles.
Sec. 3532. Definitions.
Sec. 3533. Purposes.
Sec. 3534. Statement of policy.
Part I--Programs to Combat IUU Fishing and Increase Maritime Security
Sec. 3541. Coordination with international organizations.
Sec. 3542. Engagement of diplomatic missions of the United States.
Sec. 3543. Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag states.
Sec. 3544. Expansion of existing mechanisms to combat IUU fishing.
Sec. 3545. Improvement of transparency and traceability programs.
Sec. 3546. Technology programs.
Sec. 3547. Savings clause.
Part II--Establishment of Interagency Working Group on IUU Fishing
Sec. 3551. Interagency Working Group on IUU Fishing.
Sec. 3552. Strategic plan.
Sec. 3553. Reports.
Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
Sec. 3561. Finding.
Sec. 3562. Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking.
Sec. 3563. Human trafficking in the seafood supply chain report.
Part IV--Authorization of Appropriations
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for emergency
requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019,
AND 2020
Sec. 5001. Short title.
Sec. 5002. Subdivisions and table of contents.
Sec. 5003. Definitions.
Subdivision 1--Intelligence Authorizations for Fiscal Year 2020
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by
law.
Sec. 5303. Expansion of scope of protections for identities of covert
agents.
Sec. 5304. Required counterintelligence assessments, briefings,
notifications, and reports.
Sec. 5305. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Subtitle B--Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter
foreign influence operations.
Sec. 5324. Transfer of National Intelligence University to the Office
of the Director of National Intelligence.
Subtitle C--Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
Sec. 5334. Oversight by Inspector General of the Intelligence Community
over intelligence community whistleblower matters.
Sec. 5335. Report on cleared whistleblower attorneys.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
Sec. 5401. Improving visibility into the security clearance process.
Sec. 5402. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 5501. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
Sec. 5502. Assessment of legitimate and illegitimate financial and
other assets of Vladimir Putin.
Sec. 5503. Assessments of intentions of political leadership of the
Russian Federation.
Subtitle B--Matters Relating to China
Sec. 5511. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.
Sec. 5512. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of China.
Sec. 5513. Report on efforts by People's Republic of China to influence
election in Taiwan.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
[[Page H9402]]
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
Sec. 5701. Modification of requirements for submission to Congress of
certain reports.
Sec. 5702. Increased transparency regarding counterterrorism budget of
the United States.
Sec. 5703. Study on role of retired and former personnel of
intelligence community with respect to certain foreign
intelligence operations.
Sec. 5704. Collection, analysis, and dissemination of workforce data.
Sec. 5705. Plan for strengthening the supply chain intelligence
function.
Sec. 5706. Comprehensive economic assessment of investment in key
United States technologies by companies or organizations
linked to China.
Sec. 5707. Report by Director of National Intelligence on fifth-
generation wireless network technology.
Sec. 5708. Report on use by intelligence community of facial
recognition technology.
Sec. 5709. Report on deepfake technology, foreign weaponization of
deepfakes, and related notifications.
Sec. 5710. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 5711. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and
machine learning.
Sec. 5712. Report on best practices to protect privacy and civil
liberties of Chinese Americans.
Sec. 5713. Oversight of foreign influence in academia.
Sec. 5714. Report on death of Jamal Khashoggi.
Sec. 5715. Report on terrorist screening database.
Sec. 5716. Report containing threat assessment on terrorist use of
conventional and advanced conventional weapons.
Sec. 5717. Assessment of homeland security vulnerabilities associated
with certain retired and former personnel of the
intelligence community.
Sec. 5718. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Subtitle B--Other Matters
Sec. 5721. Whistleblower disclosures to Congress and committees of
Congress.
Sec. 5722. Task force on illicit financing of espionage and foreign
influence operations.
Sec. 5723. Establishment of fifth-generation technology prize
competition.
Sec. 5724. Establishment of deepfakes prize competition.
Sec. 5725. Identification of and countermeasures against certain
International Mobile Subscriber Identity-catchers.
Sec. 5726. Securing energy infrastructure.
Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and
2019
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by
law.
Sec. 6303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and
addition of special pay authority for cyber positions.
Sec. 6304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 6305. Director of National Intelligence review of placement of
positions within the intelligence community on the
Executive Schedule.
Sec. 6306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 6307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing intelligence
with foreign governments and entities.
Sec. 6308. Cyber protection support for the personnel of the
intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Elimination of sunset of authority relating to management of
supply-chain risk.
Sec. 6310. Limitations on determinations regarding certain security
classifications.
Sec. 6311. Joint Intelligence Community Council.
Sec. 6312. Intelligence community information technology environment.
Sec. 6313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 6314. Policy on minimum insider threat standards.
Sec. 6315. Submission of intelligence community policies.
Sec. 6316. Expansion of intelligence community recruitment efforts.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 6402. Designation of the program manager-information-sharing
environment.
Sec. 6403. Technical modification to the executive schedule.
Sec. 6404. Chief Financial Officer of the Intelligence Community.
Sec. 6405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 6411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 6412. Special rules for certain monthly workers' compensation
payments and other payments for Central Intelligence
Agency personnel.
Sec. 6413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 6414. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central
Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 6421. Consolidation of Department of Energy Offices of
Intelligence and Counterintelligence.
Sec. 6422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 6431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 6432. Notice not required for private entities.
Sec. 6433. Establishment of advisory board for National Reconnaissance
Office.
Sec. 6434. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE LXV--ELECTION MATTERS
Sec. 6501. Report on cyber attacks by foreign governments against
United States election infrastructure.
Sec. 6502. Review of intelligence community's posture to collect
against and analyze Russian efforts to influence the
Presidential election.
Sec. 6503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 6504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 6505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 6506. Information sharing with State election officials.
Sec. 6507. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for
Federal offices.
Sec. 6508. Designation of counterintelligence officer to lead election
security matters.
TITLE LXVI--SECURITY CLEARANCES
Sec. 6601. Definitions.
Sec. 6602. Reports and plans relating to security clearances and
background investigations.
Sec. 6603. Improving the process for security clearances.
Sec. 6604. Goals for promptness of determinations regarding security
clearances.
Sec. 6605. Security Executive Agent.
Sec. 6606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 6607. Report on clearance in person concept.
Sec. 6608. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 6609. Intelligence community reports on security clearances.
Sec. 6610. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 6611. Information-sharing program for positions of trust and
security clearances.
Sec. 6612. Report on protections for confidentiality of whistleblower-
related communications.
Sec. 6613. Reports on costs of security clearance background
investigations.
[[Page H9403]]
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 6701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 6702. Assessment of threat finance relating to Russia.
Sec. 6703. Notification of an active measures campaign.
Sec. 6704. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 6705. Report and annual briefing on Iranian expenditures
supporting foreign military and terrorist activities.
Sec. 6706. Expansion of scope of committee to counter active measures.
Subtitle B--Reports
Sec. 6711. Technical correction to Inspector General study.
Sec. 6712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 6713. Review of intelligence community whistleblower matters.
Sec. 6714. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 6715. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 6716. Biennial report on foreign investment risks.
Sec. 6717. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 6718. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 6719. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 6720. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 6721. Inspectors General reports on classification.
Sec. 6722. Reports and briefings on national security effects of global
water insecurity and emerging infectious disease and
pandemics.
Sec. 6723. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the
United States Government regarding significant
operational activities or policy.
Sec. 6724. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 6725. Reports on intelligence community loan repayment and related
programs.
Sec. 6726. Repeal of certain reporting requirements.
Sec. 6727. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of
National Intelligence.
Sec. 6728. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 6729. Intelligence assessment of North Korea revenue sources.
Sec. 6730. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 6741. Public Interest Declassification Board.
Sec. 6742. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 6743. Bug bounty programs.
Sec. 6744. Technical amendments related to the Department of Energy.
Sec. 6745. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 6746. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to
foreign individuals to be accredited to a United Nations
mission in the United States.
Sec. 6747. Sense of Congress on WikiLeaks.
DIVISION F--OTHER MATTERS
TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 7101. Short title.
Subtitle A--Sanctions With Respect to North Korea
Sec. 7111. Sense of Congress.
Sec. 7112. Definitions.
Part I--Expansion of Sanctions and Related Matters
Sec. 7121. Sanctions with respect to foreign financial institutions
that provide financial services to certain sanctioned
persons.
Sec. 7122. Mandatory designations under North Korea Sanctions and
Policy Enhancement Act of 2016.
Sec. 7123. Extension of applicability period of proliferation
prevention sanctions.
Sec. 7124. Opposition to assistance by the international financial
institutions.
Sec. 7125. Support for capacity of the International Monetary Fund to
prevent money laundering and financing of terrorism.
Sec. 7126. Report and briefings on compliance, penalties, and technical
assistance.
Sec. 7127. Sense of Congress on identification and blocking of property
of North Korean officials.
Sec. 7128. Modification of report on implementation of United Nations
Security Council resolutions by other governments.
Sec. 7129. Report on use by the Government of North Korea of beneficial
ownership rules to access the international financial
system.
Part II--Congressional Review and Oversight
Sec. 7131. Notification of termination or suspension of sanctions.
Sec. 7132. Reports on certain licensing actions.
Sec. 7133. Report and briefings on financial networks and financial
methods of the Government of North Korea.
Sec. 7134. Report on countries of concern with respect to
transshipment, reexportation, or diversion of certain
items to North Korea.
Part III--General Matters
Sec. 7141. Rulemaking.
Sec. 7142. Authority to consolidate reports.
Sec. 7143. Waivers, exemptions, and termination.
Sec. 7144. Procedures for review of classified and certain other
information.
Sec. 7145. Briefing on resourcing of sanctions programs.
Sec. 7146. Briefing on proliferation financing.
Sec. 7147. Exception relating to importation of goods.
Subtitle B--Financial Industry Guidance to Halt Trafficking
Sec. 7151. Short title.
Sec. 7152. Sense of Congress.
Sec. 7153. Coordination of human trafficking issues by the Office of
Terrorism and Financial Intelligence.
Sec. 7154. Strengthening the role of anti-money laundering and other
financial tools in combating human trafficking.
Sec. 7155. Sense of Congress on resources to combat human trafficking.
TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
Sec. 7201. Short title.
Sec. 7202. Sense of Congress.
Sec. 7203. Definitions.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
Sec. 7211. Identification of foreign opioid traffickers.
Sec. 7212. Imposition of sanctions.
Sec. 7213. Description of sanctions.
Sec. 7214. Waivers.
Sec. 7215. Procedures for judicial review of classified information.
Sec. 7216. Briefings on implementation.
Sec. 7217. Inclusion of additional material in International Narcotics
Control Strategy Report.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
Sec. 7221. Commission on combating synthetic opioid trafficking.
Subtitle C--Other Matters
Sec. 7231. Director of National Intelligence program on use of
intelligence resources in efforts to sanction foreign
opioid traffickers.
Sec. 7232. Authorization of appropriations.
Sec. 7233. Regulatory authority.
Sec. 7234. Termination.
Sec. 7235. Exception relating to importation of goods.
TITLE LXXIII--PFAS
Sec. 7301. Short title.
Sec. 7302. Definition of Administrator.
Subtitle A--Drinking Water
Sec. 7311. Monitoring and detection.
Sec. 7312. Drinking water state revolving funds.
Subtitle B--PFAS Release Disclosure
Sec. 7321. Additions to toxics release inventory.
Subtitle C--USGS Performance Standard
Sec. 7331. Definitions.
Sec. 7332. Performance standard for the detection of highly fluorinated
compounds.
Sec. 7333. Nationwide sampling.
Sec. 7334. Data usage.
Sec. 7335. Collaboration.
Subtitle D--Emerging Contaminants
Sec. 7341. Definitions.
Sec. 7342. Research and coordination plan for enhanced response on
emerging contaminants.
Subtitle E--Toxic Substances Control Act
Sec. 7351. PFAS data call.
Sec. 7352. Significant new use rule for long-chain PFAS.
Subtitle F--Other Matters
Sec. 7361. PFAS destruction and disposal guidance.
Sec. 7362. PFAS research and development.
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 7401. Short title.
Sec. 7402. Statement of policy.
Subtitle A--Additional Actions in Connection With the National
Emergency With Respect to Syria
Sec. 7411. Measures with respect to Central Bank of Syria.
Sec. 7412. Sanctions with respect to foreign persons that engage in
certain transactions.
Sec. 7413. Strategy relating to areas of Syria in which civilians are
subject to forced displacement.
[[Page H9404]]
Subtitle B--Assistance for the People of Syria
Sec. 7421. Sense of Congress.
Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance
programs in Syria and to the Syrian people.
Sec. 7423. Assessment of potential methods to enhance the protection of
civilians.
Sec. 7424. Assistance to support entities taking actions relating to
gathering evidence for investigations into war crimes or
crimes against humanity in Syria since March 2011.
Sec. 7425. Codification of certain services in support of
nongovernmental organizations' activities authorized.
Sec. 7426. Briefing on strategy to facilitate humanitarian assistance.
Subtitle C--General Provisions
Sec. 7431. Suspension of sanctions.
Sec. 7432. Waivers and exemptions.
Sec. 7433. Implementation and regulatory authorities.
Sec. 7434. Exception relating to importation of goods.
Sec. 7435. Cost limitation.
Sec. 7436. Rule of construction.
Sec. 7437. Prohibition on construction of provisions of this title as
an authorization for use of military force.
Sec. 7438. Sunset.
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY
Sec. 7501. Short title.
Sec. 7502. Sense of Congress.
Sec. 7503. Imposition of sanctions with respect to provision of certain
vessels for the construction of certain Russian energy
export pipelines.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
Sec. 7601. Short title.
Sec. 7602. Paid parental leave under title 5.
Sec. 7603. Paid parental leave for congressional employees.
Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees.
Sec. 7605. Clarification for members of the National Guard and
Reserves.
Sec. 7606. Conforming amendment for certain TSA employees.
Subtitle B--Other Matters
Sec. 7611. Liberian refugee immigration fairness.
Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.
Sec. 7613. Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground
System-Army Increment 1.
Subtitle C--Navy Programs
Sec. 121. Ford-class aircraft carrier cost limitation baselines.
Sec. 122. Modification of annual report on cost targets for certain
aircraft carriers.
Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis
and U.S.S. Harry S. Truman.
Sec. 124. Ford class aircraft carrier support for F-35C aircraft.
Sec. 125. Prohibition on use of funds for reduction of aircraft carrier
force structure.
Sec. 126. Modification of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 127. LHA Replacement Amphibious Assault Ship Program.
Sec. 128. Strategic sealift fleet vessel.
Sec. 129. Design and construction of amphibious transport dock
designated LPD-31.
Sec. 130. Limitation on availability of funds for the Littoral Combat
Ship.
Sec. 131. Limitation on the next new class of Navy large surface
combatants.
Sec. 132. Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter program.
Sec. 133. Limitation on availability of funds for VH-92A helicopter.
Sec. 134. Report on carrier wing and aviation combat element
composition.
Subtitle D--Air Force Programs
Sec. 141. Modification of requirement to preserve certain C-5 aircraft.
Sec. 142. OC-135B aircraft recapitalization program.
Sec. 143. Requirement to align Air Force aviation force structure with
National Defense Strategy.
Sec. 144. Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory.
Sec. 145. Limitation on availability of funds for F-15EX aircraft.
Sec. 146. Limitation on availability of funds for VC-25B aircraft.
Sec. 147. Limitation on availability of funds for RC-26B aircraft.
Sec. 148. Limitation on availability of funds for retirement of RC-135
aircraft.
Sec. 149. Air Force aggressor squadron modernization.
Sec. 150. Air Force plan for Combat Rescue Helicopter fielding.
Sec. 151. Report on feasibility of multiyear contract for procurement
of JASSM-ER missiles.
Sec. 152. Report on aircraft fleet of the Civil Air Patrol.
Sec. 153. Sense of Congress on the light attack aircraft initiative of
the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program.
Sec. 162. Relief from contractors for failure to deliver ready-for-
issue spare parts for the F-35 aircraft program.
Sec. 163. Limitation on availability of funds for reallocation of
Turkish F-35A aircraft to the United States.
Sec. 164. Requirement to establish the use of an Agile DevOps software
development solution as an alternative for Joint Strike
Fighter Autonomic Logistics Information System.
Sec. 165. F-35 sustainment cost.
Sec. 166. Reports on the progress and performance of the F-35 aircraft
program.
Sec. 167. Other reports on the F-35 aircraft program.
Sec. 168. Limitation on availability of funds for communications
systems lacking certain resiliency features.
Sec. 169. Repeal of tactical unmanned vehicle common data link
requirement.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement for the Army, the Navy and the
Marine Corps, the Air Force, and Defense-wide activities, as
specified in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. AUTHORITY OF THE SECRETARY OF THE ARMY TO WAIVE
CERTAIN LIMITATIONS RELATED TO THE DISTRIBUTED
COMMON GROUND SYSTEM-ARMY INCREMENT 1.
Section 113(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2028) is
amended by striking ``Secretary of Defense'' both places it
appears and inserting ``Secretary of the Army''.
Subtitle C--Navy Programs
SEC. 121. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION
BASELINES.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8692. Ford-class aircraft carriers: cost limitation
baselines
``(a) Limitation.--The total amounts obligated or expended
from funds authorized to be appropriated or otherwise made
available for Shipbuilding and Conversion, Navy, or for any
other procurement account, may not exceed the following
amounts for the following aircraft carriers:
``(1) $13,224,000,000 for the construction of the aircraft
carrier designated CVN-78.
``(2) $11,398,000,000 for the construction of the aircraft
carrier designated CVN-79.
``(3) $12,202,000,000 for the construction of the aircraft
carrier designated CVN-80.
``(4) $12,451,000,000 for the construction of the aircraft
carrier designated CVN-81.
``(b) Exclusion of Battle and Interim Spares From Cost
Limitation.--The Secretary of the Navy shall exclude from the
determination of the amounts set forth in subsection (a) the
costs of the following items:
``(1) CVN-78 class battle spares.
``(2) Interim spares.
``(3) Increases attributable to economic inflation after
December 1, 2018, not otherwise included in the amounts
listed in subsection (a).
``(c) Written Notice and Briefing on Change in Amount.--The
Secretary of the Navy may adjust an amount listed in
subsection (a) not fewer than 15 days after submitting
written notice and providing a briefing to the congressional
defense committees, each of which shall include the amount
and rationale of any change and the resulting amount after
such change.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by
inserting after the item relating to section 8691 the
following new item:
``8692. Ford-class aircraft carriers: cost limitation baselines.''.
(c) Repeal of Superseded Provision.--Section 122 of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364; 120 Stat. 2104) is repealed.
SEC. 122. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR
CERTAIN AIRCRAFT CARRIERS.
Section 126(c) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2035) is
amended--
(1) in the subsection heading, by striking ``and CVN-80''
and inserting ``, CVN-80, and CVN-81'';
[[Page H9405]]
(2) in paragraph (1)--
(A) by striking ``2021'' and inserting ``2032''; and
(B) by striking ``costs described in subsection (b) for the
CVN-79 and CVN-80'' and inserting ``cost targets for the CVN-
79, the CVN-80, and the CVN-81''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
`` and the CVN-80'' and inserting ``, the CVN-80, and the
CVN-81''
(B) in subparagraph (A), by striking ``costs described in
subsection (b)'' and inserting ``cost targets'';
(C) in subparagraph (F), by striking ``costs specified in
subsection (b)'' and inserting ``cost targets''; and
(D) in subparagraph (G), by striking ``costs specified in
subsection (b)'' and inserting ``cost targets''.
SEC. 123. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN
C. STENNIS AND U.S.S. HARRY S. TRUMAN.
(a) Refueling and Complex Overhaul.--The Secretary of the
Navy shall carry out the nuclear refueling and complex
overhaul of the U.S.S. John C. Stennis (CVN-74) and U.S.S.
Harry S. Truman (CVN-75).
(b) Use of Incremental Funding.--With respect to any
contract entered into under subsection (a) for the nuclear
refueling and complex overhauls of the U.S.S. John C. Stennis
(CVN-74) and U.S.S. Harry S. Truman (CVN-75), the Secretary
may use incremental funding for a period not to exceed six
years after advance procurement funds for such nuclear
refueling and complex overhaul effort are first obligated.
(c) Condition for Out-year Contract Payments.--Any contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2020 is subject
to the availability of appropriations for that purpose for
that later fiscal year.
SEC. 124. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F-35C
AIRCRAFT.
Before completing the post-shakedown availability of the
Ford class aircraft carrier designated CVN-79, the Secretary
of the Navy shall ensure that the aircraft carrier is capable
of operating and deploying with the F-35C aircraft.
SEC. 125. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF
AIRCRAFT CARRIER FORCE STRUCTURE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense may be obligated or expended to reduce
the number of operational aircraft carriers of the Navy below
the number specified in section 8062(b) of title 10, United
States Code.
SEC. 126. MODIFICATION OF PROHIBITION ON AVAILABILITY OF
FUNDS FOR NAVY WATERBORNE SECURITY BARRIERS.
Section 130 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) in subsection (a) by striking ``for fiscal year 2019
may be obligated or expended to procure legacy waterborne
security barriers for Navy ports'' and inserting ``for fiscal
year 2019 or fiscal year 2020 may be obligated or expended to
procure legacy waterborne security barriers for Navy ports,
including as replacements for legacy barriers'';
(2) in subsection (c)(1), by inserting ``of not more than
30 percent'' after ``replacement''; and
(3) by adding at the end the following new subsection:
``(d) Notification.--Not later than 15 days after an
exception is made pursuant to subsection (c)(2), the
Secretary of the Navy shall submit a written notification to
the congressional defense committees that includes--
``(1) the name and position of the government official who
determined exigent circumstances exist;
``(2) a description of the exigent circumstances; and
``(3) a description of how waterborne security will be
maintained until new waterborne security barriers are
procured and installed.''.
SEC. 127. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authority to Use Incremental Funding.--The Secretary of
the Navy may enter into and incrementally fund a contract for
detail design and construction of the LHA replacement ship
designated LHA 9 and, subject to subsection (b), funds for
payments under the contract may be provided from amounts
authorized to be appropriated for the Department of Defense
for Shipbuilding and Conversion, Navy, for fiscal years 2019
through 2025.
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for any subsequent fiscal year is subject to the
availability of appropriations for that purpose for such
subsequent fiscal year.
(c) Repeal of Obsolete Authority.--Section 125 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2106) is repealed.
SEC. 128. STRATEGIC SEALIFT FLEET VESSEL.
(a) In General.--Subject to the availability of
appropriations, the Secretary of the Navy shall seek to enter
into a contract for the construction of one sealift vessel.
(b) Delivery Date.--The contract entered into under
subsection (a) shall specify a delivery date for the sealift
vessel of not later than September 30, 2026.
(c) Design and Construction Requirements.--
(1) Use of existing design.--The design of the sealift
vessel shall be based on a domestic or foreign design that
exists as of the date of the enactment of this Act.
(2) Commercial standards and practices.--Subject to
paragraph (1), the sealift vessel may be constructed using
commercial design standards and commercial construction
practices that are consistent with the best interests of the
Federal Government.
(3) Domestic shipyard.--The sealift vessel shall be
constructed in a shipyard that is located in the United
States.
(d) Certificate and Endorsement.--The sealift vessel shall
meet the requirements necessary to receive a certificate of
documentation and a coastwise endorsement under chapter 121
of tile 46, United States Code, and the Secretary of the Navy
shall ensure that the completed vessel receives such a
certificate and endorsement.
(e) Executive Agent.--
(1) In general.--The Secretary of the Navy may seek to
enter into a contract or other agreement with a private-
sector entity under which the entity may act as executive
agent for the Secretary for purposes of the contract under
subsection (a).
(2) Responsibilities.--The executive agent described in
paragraph (1) may be responsible for--
(A) selecting a shipyard for the construction of the
sealift vessel;
(B) managing and overseeing the construction of the sealift
vessel; and
(C) such other matters as the Secretary of the Navy
determines to be appropriate
(f) Use of Incremental Funding.--With respect to the
contract entered into under subsection (a), the Secretary of
the Navy may use incremental funding to make payments under
the contract.
(g) Sealift Vessel Defined.--In this section, the term
``sealift vessel'' means the sealift vessel constructed
pursuant to the contract entered into under subsection (a).
SEC. 129. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT
DOCK DESIGNATED LPD-31.
(a) In General.--Using funds authorized to be appropriated
for the Department of Defense for Shipbuilding and
Conversion, Navy, the Secretary of the Navy may enter into a
contract, beginning with the fiscal year 2020 program year,
for the design and construction of the amphibious transport
dock designated LPD-31.
(b) Use of Incremental Funding.--With respect to the
contract entered into under subsection (a), the Secretary may
use incremental funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under such
contract for any fiscal year after fiscal year 2020 is
subject to the availability of appropriations for that
purpose for such later fiscal year.
SEC. 130. LIMITATION ON AVAILABILITY OF FUNDS FOR THE
LITTORAL COMBAT SHIP.
(a) Limitations.--None of the funds authorized to be
appropriated by this Act for fiscal year 2020 for the
Department of Defense may be used to exceed, and the
Department may not otherwise exceed, the total procurement
quantity of thirty-five Littoral Combat Ships, unless the
Under Secretary of Defense for Acquisition and Sustainment
submits to the congressional defense committees the
certification described in subsection (b).
(b) Certification.--The certification described in this
subsection is a certification by the Under Secretary that
awarding a contract for the procurement of a Littoral Combat
Ship that exceeds the total procurement quantity listed in
revision five of the Littoral Combat Ship acquisition
strategy--
(1) is in the national security interests of the United
States;
(2) will not result in exceeding the low-rate initial
production quantity approved in the Littoral Combat Ship
acquisition strategy in effect as of the date of the
certification; and
(3) is necessary to maintain a full and open competition
for the Guided Missile Frigate (FFG(X)) with a single source
award in fiscal year 2020.
SEC. 131. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE
SURFACE COMBATANTS.
(a) In General.--Milestone B approval may not be granted
for the next new class of Navy large surface combatants
unless the class of Navy large surface combatants
incorporates prior to such approval--
(1) design changes identified during the full duration of
the combat system ship qualification trials and operational
test periods of the first Arleigh Burke-class destroyer in
the Flight III configuration to complete such events; and
(2) final results of test programs of engineering
development models or prototypes for critical systems
specified by the Senior Technical Authority pursuant to
section 8669b of title 10, United States Code, as added by
section 1034 of this Act, in their final form, fit, and
function and in a realistic environment, which shall include
a land-based engineering site for the propulsion system.
(b) Limitation.--The Secretary of the Navy may not release
a detail design or construction request for proposals or
obligate funds from the Shipbuilding and Conversion, Navy
account for the next new class of Navy large surface
combatants until the class of Navy large surface combatants
receives Milestone B approval and the milestone decision
authority notifies the congressional defense committees, in
writing, of the actions taken to comply with the requirements
under subsection (a).
(c) Definitions.--In this section:
(1) The term ``Milestone B approval'' has the meaning given
the term in section 2366(e)(7) of title 10, United States
Code.
(2) The term ``milestone decision authority'' means the
official within the Department of Defense designated with the
overall responsibility and authority for acquisition
decisions for the
[[Page H9406]]
program, including authority to approve entry of the program
into the next phase of the acquisition process.
(3) The term ``large surface combatants'' means Navy
surface ships that are designed primarily to engage in
attacks against airborne, surface, subsurface, and shore
targets, excluding frigates and littoral combat ships.
SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS PENDING
QUARTERLY UPDATES ON THE CH-53K KING STALLION
HELICOPTER PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for aircraft procurement, Navy, for the CH-53K King Stallion
helicopter program, not more than 50 percent may be obligated
or expended until a period of 30 days has elapsed following
the date on which the Secretary of the Navy provides the
first briefing required under subsection (b).
(b) Quarterly Briefings Required.--
(1) In general.--Beginning not later than 30 days after the
date of the enactment of this Act, and on a quarterly basis
thereafter through the end of fiscal year 2022, the Secretary
of the Navy shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the progress of the CH-53K King Stallion helicopter program.
(2) Elements.--Each briefing under paragraph (1) shall
include, with respect to the CH-53K King Stallion helicopter
program, the following:
(A) An overview of the program schedule.
(B) A statement of the total cost of the program as of the
date of the briefing, including the costs of development,
testing, and production.
(C) A comparison of the total cost of the program relative
to the approved acquisition program baseline.
(D) An assessment of flight testing under the program,
including identification of the number of test events that
have been conducted on-time in accordance with the joint
integrated program schedule.
(E) An update on the correction of technical deficiencies
under the program, including--
(i) identification of the technical deficiencies that have
been corrected as of the date of the briefing;
(ii) identification of the technical deficiencies that have
been discovered, but not corrected, as of such date;
(iii) an estimate of the total cost of correcting technical
deficiencies under the program; and
(iv) an explanation of any significant deviations from the
testing and program schedule that are anticipated due to the
discovery and correction of technical deficiencies.
SEC. 133. LIMITATION ON AVAILABILITY OF FUNDS FOR VH-92A
HELICOPTER.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for procurement for the VH-92A helicopter, not more than 80
percent may be obligated or expended until the date on which
the Secretary of Navy submits to the Committees on Armed
Services of the Senate and the House of Representatives the
report required under subsection (b).
(b) Report Required.--The Secretary of the Navy shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report assessing the status of
the VH-92A helicopter program industrial base and the
potential impact of proposed manufacturing base changes on
the acquisition program. The report shall include a
description of--
(1) estimated effects on the manufacturing readiness level
of the VH-92 program due to potential changes to the program
manufacturing base;
(2) the estimated costs and assessment of cost risk to the
program due to potential changes to the program manufacturing
base;
(3) any estimated schedule impacts, including impacts on
delivery dates for the remaining low-rate initial production
lots and full rate production, resulting from any changes to
the manufacturing base;
(4) an assessment of the effect of changes to the
manufacturing base on VH-92A sustainment; and
(5) the impact of such changes on production and
sustainment capacity for the MH-60 and CH-53K helicopters of
the Navy.
SEC. 134. REPORT ON CARRIER WING AND AVIATION COMBAT ELEMENT
COMPOSITION.
(a) In General.--Not later than May 1, 2020, the Secretary
of the Navy shall submit to the congressional defense
committees a report on the optimal composition of the carrier
air wing (CVW) on aircraft carriers and aviation combat
element (ACE) embarked on amphibious ships in 2030 and 2040,
including alternative force design concepts.
(b) Elements.--The report required under subsection (a)
shall include the following elements for the CVW and ACE:
(1) Analysis and justification for the Department of the
Navy's stated goal of a 50/50 mix of 4th and 5th generation
aircraft for 2030.
(2) Analysis and justification for an optimal mix of
aircraft for 2040.
(3) A plan for incorporating unmanned aerial vehicles and
associated communication capabilities to effectively
implement the future force design.
(4) Analysis of the support equipment requirement for each
aircraft type and the space needed to accommodate such
equipment.
(5) A description of existing and potential ship designs or
design changes that would enable greater commonality and
interoperability of embarked naval aircraft, including
aircraft arresting gear and launch catapults.
(c) Briefing.--Not later than March 1, 2020, the Secretary
of the Navy shall provide the congressional defense
committees a briefing on the report required under subsection
(a).
Subtitle D--Air Force Programs
SEC. 141. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN C-5
AIRCRAFT.
Section 141(d) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1661) is
amended--
(1) in paragraph (1), by striking ``until the date that is
30 days after the date on which the briefing under section
144(b) of the National Defense Authorization Act for Fiscal
Year 2018 is provided to the congressional defense
committees'' and inserting ``until the date that is 30 days
after the date on which the final report and briefing
required under section 1712(c)(2) of the National Defense
Authorization Act for Fiscal Year 2020 have each been
provided to the congressional defense committees''; and
(2) in paragraph (2)(A), by striking ``can be returned to
service'' and inserting ``is inducted into or maintained in
type 1000 recallable storage''.
SEC. 142. OC-135B AIRCRAFT RECAPITALIZATION PROGRAM.
The Secretary of the Air Force shall ensure that any
request for proposals for the procurement of an OC-135B
aircraft under a recapitalization program for such aircraft
meets the requirements for full and open competition as set
forth in section 2304 of title 10, United States Code, and
includes, as part of such request for proposals,
consideration of proposals for the provision of new
production aircraft and recently manufactured aircraft.
SEC. 143. REQUIREMENT TO ALIGN AIR FORCE AVIATION FORCE
STRUCTURE WITH NATIONAL DEFENSE STRATEGY.
(a) Required Submission of Strategy.--Not later than March
1, 2020, the Secretary of the Air Force shall submit to the
congressional defense committees an aviation force structure
acquisition strategy that aligns with the stated capability
and capacity requirements of the Department of the Air Force
to meet the National Defense Strategy.
(b) Alignment With Strategy.--The Secretary of the Air
Force may not deviate from the strategy submitted under
subsection (a) until--
(1) the Secretary receives a waiver from the Secretary of
Defense, in consultation with the Chairman of the Joint
Chiefs of Staff; and
(2) the Secretary of Defense provides the congressional
defense committees with the waiver approval documentation.
SEC. 144. PROHIBITION ON AVAILABILITY OF FUNDS FOR REDUCTION
IN KC-10 PRIMARY MISSION AIRCRAFT INVENTORY.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the Air
Force may be obligated or expended to reduce the number of
KC-10 aircraft in the primary mission aircraft inventory of
the Air Force.
SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F-15EX
AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air
Force may be obligated or expended to procure any F-15EX
aircraft, other than the first two prototypes of such
aircraft, until a period of 15 days has elapsed following the
date on which the Secretary of the Air Force submits to the
congressional defense committees a report on the following
topics relating to the F-15EX program:
(1) Acquisition strategy.
(2) Cost and schedule estimates.
(3) Test and evaluation strategy.
(4) Logistics strategy.
(5) Post-production fielding strategy.
(b) Exception for Long-lead Items.--
(1) In general.--Notwithstanding subsection (a), the
Secretary of the Air Force may use the funds described in
paragraph (2) to procure long-lead items for up to six
additional F-15EX aircraft beyond the first two prototypes of
such aircraft.
(2) Funds described.--The funds described in this paragraph
are funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air
Force for any of the following:
(A) Research and development, nonrecurring engineering.
(B) Aircraft procurement.
(c) F-15EX Program Defined.--In this section, the term ``F-
15EX program'' means the F-15EX aircraft program of the Air
Force as described in the materials submitted to Congress by
the Secretary of Defense in support of the budget of the
President for fiscal year 2020 (as submitted to Congress
under section 1105(a) of title 21, United States Code).
SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B
AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 or any
subsequent fiscal year for the Air Force may be obligated or
expended to carry out over and above work on the VC-25B
aircraft until a period of 30 days has elapsed following the
date on which the Secretary of the Air Force notifies the
congressional defense committees of the intent of the
Secretary to authorize such work.
(b) Exception.--The limitation under subsection (a) shall
not apply to over and above work carried out--
(1) to repair or replace items damaged during the testing
of the VC-25B aircraft; or
(2) to make changes necessary to meet operational
requirements.
(c) Definitions.--In this section:
(1) The term ``operational requirements'' means any of the
operational requirements for the VC-25B aircraft described in
the capability development document or the system
requirements document for the Presidential Aircraft
Recapitalization Program.
(2) The term ``over and above work'' means work performed
pursuant to line 0012 (CLIN
[[Page H9407]]
0012) of the contract for Presidential Aircraft
Recapitalization entered into between the Department of the
Air Force and the Boeing Company (contract number FA8625-16-
C-6599).
SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RC-26B
AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air
Force may be obligated or expended to retire, divest,
realign, or place in storage or on backup aircraft inventory
status, or prepare to retire, divest, realign, or place in
storage or backup inventory status, any RC-26B aircraft until
the date on which the Secretary of the Air Force submits to
the congressional defense committees--
(1) the report required under subsection (c); and
(2) the certification required under subsection (d).
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-26B aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no
longer mission capable because of mishaps or other damage.
(c) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
that includes the following:
(1) A survey of any requirements for the Air Force to
provide intelligence, surveillance, and reconnaissance
support to other military forces and civil authorities that
the Air Force and the Air National Guard meet using the RC-
26B aircraft.
(2) An assessment of the extent to which such requirements
are appropriate for the Air Force to fulfill.
(3) The manner in which the Secretary would meet such
requirements if the RC-26B aircraft were to be retired.
(4) A comparison of costs and effectiveness of alternative
means of providing intelligence, surveillance, and
reconnaissance support to other military forces and civil
authorities.
(5) An assessment of the utility of entering into one or
more memoranda of agreement with other military forces and
civil authorities to govern the process for providing
intelligence, surveillance, and reconnaissance support to
those forces and authorities.
(d) Certification Required.--Not later than 60 days after
the date on which the Secretary of the Air Force submits the
report required under subsection (c), the Secretary shall
certify to the congressional defense committees--
(1) whether there are requirements for the Air Force to
provide intelligence, surveillance, and reconnaissance
support to other military forces and civil authorities that
the Air Force meets using the RC-26B aircraft; and
(2) whether the Secretary has identified methods of meeting
such requirements that are more effective and more efficient
than meeting such requirements through the use of the RC-26B
aircraft.
SEC. 148. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF RC-135 AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air
Force may be obligated or expended to retire, or prepare to
retire, any RC-135 aircraft until a period of 60 days has
elapsed following the date on which the Secretary of Defense
certifies to the congressional defense committees that--
(1) technologies other than the RC-135 aircraft provide
capacity and capabilities equivalent to the capacity and
capabilities of the RC-135 aircraft; and
(2) the capacity and capabilities of such other
technologies meet the requirements of combatant commanders
with respect to indications and warning, intelligence
preparation of the operational environment, and direct
support for kinetic and nonkinetic operations.
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-135 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no
longer mission capable because of mishaps, other damage, or
being uneconomical to repair.
SEC. 149. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is critical that the Air Force has the capability to
train against an advanced air adversary in order to be
prepared for conflicts against a modern enemy force, and that
in order to have this capability, the Air Force must have
access to an advanced adversary force prior to United States
adversaries fielding a 5th-generation operational capability;
and
(2) the Air Force's plan to use low-rate initial production
F-35As as aggressor aircraft reflects a recognition of the
need to field a modernized aggressor fleet.
(b) Report.--
(1) In general.--The Secretary of the Air Force may not
transfer any low-rate initial production F-35 aircraft for
use as aggressor aircraft until the Chief of Staff of the Air
Force submits to the congressional defense committees a
comprehensive plan and report on the strategy for modernizing
its organic aggressor fleet.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) Potential locations for F-35A aggressor aircraft,
including an analysis of installations that--
(i) have the size and availability of airspace necessary to
meet flying operations requirements;
(ii) have sufficient capacity and availability of range
space;
(iii) are capable of hosting advanced-threat training
exercises; and
(iv) meet or require minimal addition to the environmental
requirements associated with the basing action.
(B) An analysis of the potential cost and benefits of
expanding aggressor squadrons currently operating 18 Primary
Assigned Aircraft (PAA) to a level of 24 PAA each.
(C) An analysis of the cost and timelines associated with
modernizing the current Air Force aggressor squadrons to
include upgrading aircraft radar, infrared search-and-track
systems, radar warning receiver, tactical datalink, threat-
representative jamming pods, and other upgrades necessary to
provide a realistic advanced adversary threat.
SEC. 150. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER
FIELDING.
(a) Sense of Congress.--It is the sense of Congress that,
given delays to Operational Loss Replacement (OLR) program
fielding and the on-time fielding of Combat Rescue Helicopter
(CRH), the Air National Guard should retain additional HH-60G
helicopters at Air National Guard locations to meet their
recommended primary aircraft authorized (PAA) per the Air
Force's June 2018 report on Air National Guard HH-60
requirements.
(b) Report on Fielding Plan.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
on its fielding plan for the CRH program.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of the differences in capabilities
between the HH-60G, OLR, and CRH helicopters.
(B) A description of the costs and risks associated with
changing the CRH fielding plan to reduce or eliminate
inventory shortfalls.
(C) A description of the measures for accelerating the
program available within the current contract.
(D) A description of the operational risks and benefits
associated with fielding the CRH to the active component
first, including--
(i) how the differing fielding plan may affect deployment
schedules;
(ii) what capabilities active-component units deploying
with the CRH will have that reserve component units deploying
with OLR will not; and
(iii) an analysis of the potential costs and benefits that
could result from accelerating CRH fielding to all units
through additional funding in the future years defense
program.
(c) Report on Training Plan.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
on the plan to sustain training for initial-entry reserve
component HH-60G pilots once the active component of the Air
Force has received all of its CRH helicopters.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) Projected reserve component aircrew initial HH-60G/OLR
qualification training requirements, by year.
(B) The number of legacy HH-60G/OLR helicopters required to
continue providing initial HH-60G qualification training
through the 150th Special Operations Wing at Kirtland Air
Force Base.
(C) The number of personnel required to continue providing
initial HH-60G/OLR qualification training through the 150th
Special Operations Wing at Kirtland Air Force Base.
(D) The number of flying hours required per pilot to
perform ``differences training'' at home station for initial
entry HH-60 pilots receiving CRH training at Kirtland Air
Force Base to become qualified in the HH-60G/OLR at their
home station.
(E) The projected effect of using local flying training
hours at reserve component units on overall unit training
readiness and ability to meet Ready Aircrew Program
requirements.
SEC. 151. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR
PROCUREMENT OF JASSM-ER MISSILES.
(a) In General.--Not later than March 31, 2020, the
Secretary of the Air Force shall submit a report to the
congressional defense committees assessing the feasibility of
entering into a multiyear contract for procurement of JASSM-
ER missiles starting in fiscal year 2022.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) An initial assessment of cost savings to the Air Force
from a multiyear contract.
(2) An analysis of at least two different multiyear
contract options that vary in either duration or quantity, at
least one of which assumes a maximum procurement of 550
missiles per year for 5 years.
(3) An assessment of how a multiyear contract will impact
the industrial base.
(4) An assessment of how a multiyear contract will impact
the Long Range Anti-Ship Missile.
(5) An assessment of how a multiyear contract will impact
the ability of the Air Force to develop additional
capabilities for the JASSM-ER missile.
SEC. 152. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report on
the aircraft fleet of the Civil Air Patrol.
(b) Elements.--The report required by subsection (a) shall
include an assessment of each of the following:
(1) Whether the number of aircraft, types of aircraft, and
operating locations that comprise
[[Page H9408]]
the Civil Air Patrol fleet are suitable for the missions and
responsibilities assigned to the Civil Air Patrol,
including--
(A) flight proficiency and training;
(B) operational mission training; and
(C) support for cadet orientation and cadet flight training
programs in the Civil Air Patrol wing of each State.
(2) The ideal overall size of the Civil Air Patrol aircraft
fleet, including a description of the factors used to
determine that ideal size.
(3) The process used by the Civil Air Patrol and the Air
Force to determine the number and location of aircraft
operating locations and whether State Civil Air Patrol wing
commanders are appropriately involved in that process.
(4) The process used by the Civil Air Patrol, the Air
Force, and other relevant entities to determine the type and
number of aircraft that are needed to support the emergency,
operational, and training missions of the Civil Air Patrol.
SEC. 153. SENSE OF CONGRESS ON THE LIGHT ATTACK AIRCRAFT
INITIATIVE OF THE AIR FORCE.
It is the sense of the Congress that--
(1) The United States Special Operations Command has a
mission requirement to support foreign internal defense
training and a light attack aircraft platform could
potentially facilitate meeting that requirement.
(2) The Secretary of the Air Force should coordinate with
the Commander of the United States Special Operations Command
to assess how general purpose forces and special operations
forces can leverage the light attack aircraft phase three
experimentation activities of the Air Force.
(3) The Secretary of the Air Force, in coordination with
the Commander of the United States Special Operations
Command, should explore options for coordinating light attack
aircraft experiment activities between general purpose forces
and special operations forces to maximize efficiency and
effectiveness and to further the mission requirements of both
forces, including options to transfer a portion of funds
authorized for Air Force light attack aircraft experiments to
procure aircraft for supporting the combat air advisor
mission of the Special Operations Command.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. ECONOMIC ORDER QUANTITY CONTRACTING AND BUY-TO-
BUDGET ACQUISITION FOR F-35 AIRCRAFT PROGRAM.
(a) Economic Order Quantity Contract Authority.--
(1) In general.--Subject to paragraphs (2) through (4),
from amounts made available for obligation under the F-35
aircraft program, the Secretary of Defense may enter into one
or more contracts, beginning with the fiscal year 2020
program year, for the procurement of economic order
quantities of material and equipment that has completed
formal hardware qualification testing for the F-35 aircraft
program for use in procurement contracts to be awarded for
such program during fiscal years 2021, 2022, and 2023.
(2) Limitation.--The total amount obligated under all
contracts entered into under paragraph (1) shall not exceed
$574,000,000.
(3) Preliminary findings.--Before entering into a contract
under paragraph (1), the Secretary of Defense shall make each
of the following findings with respect to such contract:
(A) The use of such a contract will result in significant
savings of the total anticipated costs of carrying out the
program through annual contracts.
(B) The minimum need for the property to be procured is
expected to remain substantially unchanged during the
contemplated contract period in terms of production rate,
procurement rate, and total quantities.
(C) There is a reasonable expectation that, throughout the
contemplated contract period, the Secretary will request
funding for the contract at the level required to avoid
contract cancellation.
(D) That there is a stable, certified, and qualified design
for the property to be procured and that the technical risks
and redesign risks associated with such property are low.
(E) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of an economic
order quantity contract are realistic.
(F) Entering into the contract will promote the national
security interests of the United States.
(4) Certification requirement.--The Secretary of Defense
may not enter into a contract under paragraph (1) until a
period of 30 days has elapsed following the date on which the
Secretary certifies to the congressional defense committees,
in writing, that each of the following conditions is
satisfied:
(A) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within
the most recently available estimates of the program
acquisition unit cost or procurement unit cost for such
system to determine that the estimates of the unit costs are
realistic.
(B) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program submitted to Congress under section 221 of title 10,
United States Code, for that fiscal year will include the
funding required to execute the program without cancellation.
(C) The contract is a fixed-price type contract.
(D) The proposed contract provides for production at not
less than minimum economic rates given the existing tooling
and facilities.
(E) The Secretary has determined that each of the
conditions described in subparagraphs (A) through (F) of
paragraph (3) will be met by such contract and has provided
the basis for such determination to the congressional defense
committees.
(b) Buy-to-budget Acquisition.--Subject to section 2308 of
title 10, United States Code, the Secretary of Defense may
procure a quantity of F-35 aircraft in excess of the quantity
authorized by this Act.
SEC. 162. RELIEF FROM CONTRACTORS FOR FAILURE TO DELIVER
READY-FOR-ISSUE SPARE PARTS FOR THE F-35
AIRCRAFT PROGRAM.
(a) Requirement to Seek Relief.--Consistent with the
findings and recommendations of the Inspector General of the
Department of Defense in the report titled ``Audit of F-35
Ready-For-Issue Spare Parts and Sustainment Performance
Incentive Fees'' (DODIG-2019-094) and dated June 13, 2019,
the Secretary of Defense shall seek relief, as described in
subsection (b), from prime contractors that delivered
noncompliant ready-for-issue spare parts pursuant a contract
under the F-35 aircraft program.
(b) Relief Described.--The relief sought by the Secretary
of Defense under subsection (a) may include the following:
(1) Specific performance.
(2) Compensation for costs incurred by the Department of
Defense as a result of the contractor's failure to deliver
compliant ready-for-issue spare parts under the contract.
(3) Any other form of remediation or compensation the
Secretary determines to be appropriate.
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to alter the terms of a contract under the F-35
aircraft program; or
(2) to authorize the Secretary of Defense to seek forms of
relief beyond those otherwise available under law.
SEC. 163. LIMITATION ON AVAILABILITY OF FUNDS FOR
REALLOCATION OF TURKISH F-35A AIRCRAFT TO THE
UNITED STATES.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Air Force may be obligated or
expended to procure a covered F-35A aircraft for the United
States Air Force until a period of 15 days has elapsed
following the date on which the Secretary of Defense
certifies to the congressional defense committees that--
(1) ancillary mission equipment, initial spare parts and
materials, technical data, and publications will be procured
for each covered F-35A aircraft delivered to the Air Force;
and
(2) each such aircraft will be delivered to the Air Force
in a common configuration that may be operated and integrated
within the fleet of F-35A aircraft of the Air Force.
(b) Covered F-35A Aircraft Defined.--In this section, the
term ``covered F-35A aircraft'' means an F-35A aircraft
previously procured by or on behalf of the Government of the
Republic of Turkey in F-35 production lot 12, 13, or 14.
SEC. 164. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS
SOFTWARE DEVELOPMENT SOLUTION AS AN ALTERNATIVE
FOR JOINT STRIKE FIGHTER AUTONOMIC LOGISTICS
INFORMATION SYSTEM.
(a) Competitive Analysis.--The Secretary of Defense shall
conduct a competitive analysis of the performance and design
architecture enhancement efforts between the currently
fielded Autonomic logistics Information System, Autonomic
Logistics Information System-Next, and the Department of the
Air Force Agile Development Operations Madhatter initiative
efforts, including system technology transition opportunities
and timelines.
(c) Briefing.--Not later than September 30, 2020, the
Secretary of Defense shall provide the congressional defense
committees a briefing on the findings of the competitive
analysis carried out under subsection (a).
SEC. 165. F-35 SUSTAINMENT COST.
(a) Quarterly Update.--The Under Secretary of Defense for
Acquisition and Sustainment shall include in the quarterly
report required under section 155 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232)--
(1) sustainment cost data related to the F-35 program,
including a comparison in itemized format of the cost of
legacy aircraft and the cost of the F-35 program, based on a
standardized set of criteria; and
(2) an evaluation and metrics on the extent to which the
goals developed pursuant to subsection (b) are being
achieved.
(b) Cost Reduction Plan.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall develop and implement a
plan for achieving significant reductions in the costs to
operate, maintain, and sustain the F-35 system.
(2) Elements.--The plan required under paragraph (1) shall
include the following elements:
(A) Specific changes in the management and execution of
operation and support (O&S) cost elements to engender
continuous and measurable process improvements.
(B) Specific actions the Department will implement in the
near, mid, and long terms to reduce O&S costs.
(C) Firm and achievable timelines for implementing the
specific actions and process changes.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall submit to
the congressional defense committees a report on the baseline
plan developed pursuant to paragraph (1).
SEC. 166. REPORTS ON THE PROGRESS AND PERFORMANCE OF THE F-35
AIRCRAFT PROGRAM.
(a) F-35 Block 4 and Continuous Capability Development and
Delivery Program.--The Secretary of Defense shall include
with the annual report required by section 224(d) of the
National Defense Authorization Act for Fiscal
[[Page H9409]]
Year 2017 (Public Law 114-328; 130 Stat. 2059) an integrated
master schedule and past performance assessment for each
planned phase of the F-35 Block 4 Upgrade and Continuous
Capability Development and Delivery Program.
(b) Comptroller General Reports.--
(1) Annual report required.--Not later than 30 days after
the date on which the budget of the President is submitted to
Congress under section 1105(a) of title 31, United States
Code, for each of fiscal years 2021 through 2025, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the F-35
aircraft program.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the F-35 aircraft program, the
following:
(A) An assessment of the progress of manufacturing
processes improvement under the program.
(B) The progress and results of the F-35 Block 4 Upgrade
and Continuous Capability Development and Delivery Program
and other follow-on modernization development and testing
efforts.
(C) An assessment of the Department's schedule for
delivering software upgrades in six-month, scheduled
increments.
(D) The progress and results of any other significant
hardware development and fielding efforts necessary for the
F-35 Block 4 Upgrade and Continuous Capability Development
and Delivery Program.
(E) Any other issues the Comptroller General determines to
be appropriate.
(c) F-35 Block 4 Defined.--In this section, the term ``F-35
Block 4 Upgrade and Continuous Capability Development and
Delivery Program'' means Block 4 capability upgrades for the
F-35 aircraft program as described in the Selected
Acquisition Report for the program submitted to Congress in
March 2019, pursuant to section 2432 of title 10, United
States Code.
SEC. 167. OTHER REPORTS ON THE F-35 AIRCRAFT PROGRAM.
(a) Report on F-35 Reliability and Maintainability
Metrics.--The Secretary of Defense shall submit to the
congressional defense committees a report on the reliability
and maintainability metrics for the F-35 aircraft. The report
shall include the following:
(1) The results of a review and assessment, conducted by
the program office for the F-35 aircraft program, of the
reliability and maintainability metrics for the aircraft as
set forth in the most recent operational requirements
document for the program.
(2) A determination of whether the reliability and
maintainability metrics for the aircraft, as set forth in the
most recent operational requirements document for the
program, are feasible and attainable, and what changes, if
any, will be made to update the metrics.
(3) A certification that the program office for the F-35
aircraft program has revised the reliability and
maintainability improvement plan for the aircraft--
(A) to identify specific and measurable reliability and
maintainability objectives in the improvement plan guidance;
and
(B) to identify and document which projects included in the
improvement plan will achieve the objectives identified under
subparagraph (A).
(b) Report on F-35 Block 4 Upgrade and Continuous
Capability Development and Delivery Program.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the F-35
Block 4 Upgrade and Continuous Capability Development and
Delivery Program. The report shall include the following:
(A) The results of the independent cost estimate for the
Program conducted by the Director of Cost Assessment and
Program Evaluation.
(B) An approved test and evaluation master plan that
addresses the adequacy of testing resources, testing aircraft
shortfalls, and testing funding.
(C) A review of the feasibility and schedule of the
continuous capability development and delivery strategy for
fielding technologies under the Program as conducted by the
Under Secretary of Defense for Research and Engineering.
(2) F-35 block 4 defined.--In this subsection, the term
``F-35 Block 4 Upgrade and Continuous Capability Development
and Delivery Program'' has the meaning given that term in
section 166.
(c) Report on F-35 Autonomic Logistics Information
System.--The Secretary of Defense shall submit to the
congressional defense committees a report on the autonomic
logistics information system of the F-35 aircraft. The report
shall include a description of each of the following:
(1) All shortfalls, capability gaps, and deficiencies in
the system that have been identified as of the date of the
enactment of this Act.
(2) The strategy and performance requirements that will be
implemented to improve the system.
(3) The strategy, implementation plan, schedule, and
estimated costs of developing and fielding--
(A) the next generation of the system; or
(B) future increments of the system.
(d) F-35 Life-cycle Cost Estimates.--
(1) Joint cost estimate.--The Secretary of the Air Force
and the Secretary of the Navy shall jointly develop a joint
service cost estimate for the life-cycle costs of the F-35
aircraft program.
(2) Independent cost estimate.--The Director of Cost
Assessment and Program Evaluation shall develop an
independent cost estimate for the life-cycle costs of the F-
35 aircraft program.
(e) Deadline for Submittal.--The reports required under
subsections (a) through (d) shall be submitted to the
congressional defense committees not later than 180 days
after the date of the enactment of this Act.
SEC. 168. LIMITATION ON AVAILABILITY OF FUNDS FOR
COMMUNICATIONS SYSTEMS LACKING CERTAIN
RESILIENCY FEATURES.
(a) In General.--Except as provided under subsection (b),
none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense may be obligated or expended for the
procurement of a current or future Department of Defense
communications program of record, and the Department may not
otherwise procure a current or future communications program
of record, unless the communications equipment--
(1) mitigates geolocation of a transmission that would
allow a like echelon enemy force to target the user;
(2) securely communicates classified information in a
contested communications environment that includes
operationally representative jamming;
(3) reduces, within two years of continued development and
upgrades, electronic signature and susceptibility to
geolocation by using low probability of intercept/detect
(LPI/LPD) waveforms, or other capability that would provide
the same resiliency on the battlefield; and
(4) utilizes a waveform that is either made available
through the Department of Defense Waveform Information
Repository, or is a commercial off the shelf (COTS) waveform
available for government licensing with waveform analysis
through the Joint Tactical Networking Center (JTNC) Tactical
Communications Marketplace.
(b) Waiver.--The Secretary of a military department may
waive the requirement under subsection (a) with respect to a
communications system upon certifying to the congressional
defense committees that the system's intended use is not for
contested environments or will meet the requirement when
operated as a component of an integrated network.
SEC. 169. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA
LINK REQUIREMENT.
(a) Report Required.--
(1) In general.--Not later than February 1, 2020, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report on
the status of the Common Data Link program and plans to meet
new and emerging manned and unmanned intelligence,
surveillance, and reconnaissance (ISR) vehicle secure and
interoperable communication requirements.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of each Common Data Link (CDL) waveform
in use and which platforms or systems utilize each CDL
waveform.
(B) A list of manned and unmanned ISR platforms or systems
in development requiring networked, secure, low latency
communications, and an assessment of the suitability of CDL
to meet the requirements of each planned program.
(C) A description of in-progress or planned technology
development efforts to address networking requirements for
manned and unmanned ISR systems operating in contested and
denied environments.
(b) Repeal.--Section 157 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1667) is hereby repealed.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Program on enhancement of preparation of dependents of
members of Armed Forces for careers in science,
technology, engineering, and mathematics.
Sec. 212. Updates to the Department of Defense personnel management
authority to attract experts in science and engineering.
Sec. 213. Establishment of joint reserve detachment of the Defense
Innovation Unit.
Sec. 214. Research and educational programs and activities for
Historically Black Colleges and Universities and
Minority-Serving Institutions of Higher Education.
Sec. 215. Modification of authority for prizes for advanced technology
achievements.
Sec. 216. Joint hypersonics transition office.
Sec. 217. Modification of proof of concept commercialization program.
Sec. 218. Modification of authority and addition of technology areas
for expedited access to technical talent.
Sec. 219. Expansion of coordination in support of national security
innovation and entrepreneurial education.
Sec. 220. Modification of defense quantum information science and
technology research and development program.
Sec. 221. Understanding of investments in artificial intelligence and
development of capabilities by adversaries.
Sec. 222. Advisory role of JASON scientific advisory group.
Sec. 223. Direct Air Capture and Blue Carbon Removal Technology
Program.
Sec. 224. Requiring defense microelectronics products and services meet
trusted supply chain and operational security standards.
Sec. 225. Development and acquisition strategy to procure secure, low
probability of detection data link network capability.
[[Page H9410]]
Sec. 226. Establishment of secure next-generation wireless network (5G)
infrastructure for the Nevada Test and Training Range and
base infrastructure.
Sec. 227. Administration of manufacturing innovation institutes funded
by the Department of Defense.
Sec. 228. Research program on foreign malign influence operations.
Sec. 229. Diversification of the research and engineering workforce of
the Department of Defense.
Sec. 230. Policy on the talent management of digital expertise and
software professionals.
Sec. 231. Digital engineering capability to automate testing and
evaluation.
Sec. 232. Process to align policy formulation and emerging technology
development.
Sec. 233. Improvement of the Strategic Capabilities Office of the
Department of Defense.
Sec. 234. Pilot program on enhanced civics education.
Sec. 235. Technology and national security fellowship.
Sec. 236. Documentation relating to the Advanced Battle Management
System.
Sec. 237. Sensor data integration for fifth generation aircraft.
Sec. 238. Sense of Congress on future vertical lift technologies.
Sec. 239. Use of funds for Strategic Environmental Research Program,
Environmental Security Technical Certification Program,
and Operational Energy Capability Improvement.
Sec. 240. Limitation and report on Indirect Fire Protection Capability
Increment 2 capability.
Subtitle C--Plans, Reports, and Other Matters
Sec. 251. Master plan for implementation of authorities relating to
science and technology reinvention laboratories.
Sec. 252. Infrastructure to support research, development, test, and
evaluation missions.
Sec. 253. Energetics plan.
Sec. 254. Strategy and implementation plan for fifth generation
information and communications technologies.
Sec. 255. Department-wide software science and technology strategy.
Sec. 256. Artificial intelligence education strategy.
Sec. 257. Cyber science and technology activities roadmap and reports.
Sec. 258. Report on B-52 commercial engine replacement program.
Sec. 259. Commercial edge computing technologies and best practices for
Department of Defense warfighting systems.
Sec. 260. Biannual report on the Joint Artificial Intelligence Center.
Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 262. National Study on Defense Research At Historically Black
Colleges and Universities and Other Minority
Institutions.
Sec. 263. Study on national security emerging biotechnologies for the
Department of Defense.
Sec. 264. Independent study on optimizing resources allocated to
Combating Terrorism Technical Support Office.
Sec. 265. Independent assessment of electronic warfare plans and
programs.
Sec. 266. Technical correction to Global Research Watch Program.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROGRAM ON ENHANCEMENT OF PREPARATION OF DEPENDENTS
OF MEMBERS OF ARMED FORCES FOR CAREERS IN
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
(a) Program Required.--Chapter 111 of title 10, United
States Code, is amended by inserting after section 2192a the
following new section:
``Sec. 2192b. Program on enhancement of preparation of
dependents of members of armed forces for careers in
science, technology, engineering, and mathematics
``(a) Program Required.--The Secretary of Defense shall
carry out a program to--
``(1) enhance the preparation of students at covered
schools for careers in science, technology, engineering, and
mathematics; and
``(2) provide assistance to teachers at covered schools to
enhance preparation described in paragraph (1).
``(b) Coordination.--In carrying out the program, the
Secretary shall coordinate with the following:
``(1) The Secretaries of the military departments.
``(2) The Secretary of Education.
``(3) The National Science Foundation.
``(4) Other organizations as the Secretary of Defense
considers appropriate.
``(c) Activities.--Activities under the program may include
the following:
``(1) Establishment of targeted internships and cooperative
research opportunities at defense laboratories and other
technical centers for students and teachers at covered
schools.
``(2) Establishment of scholarships and fellowships for
students at covered schools.
``(3) Efforts and activities that improve the quality of
science, technology, engineering, and mathematics educational
and training opportunities for students and teachers at
covered schools, including with respect to improving the
development of curricula at covered schools.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal science education for
students and teachers at covered schools.
``(d) Metrics.--The Secretary shall establish outcome-based
metrics and internal and external assessments to evaluate the
merits and benefits of activities conducted under the program
with respect to the needs of the Department of Defense.
``(e) Covered Schools Defined.--In this section, the term
`covered schools' means elementary or secondary schools at
which the Secretary determines a significant number of
dependents of members of the armed forces are enrolled.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2192a the following new item:
``2192b. Program on enhancement of preparation of dependents of members
of armed forces for careers in science, technology,
engineering, and mathematics.''.
(c) Conforming Repeal.--Section 233 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 2193a
note) is repealed.
SEC. 212. UPDATES TO THE DEPARTMENT OF DEFENSE PERSONNEL
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
(a) In General.--Subsection (a) of section 1599h of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(6) Joint artificial intelligence center.--The Director
of the Joint Artificial Intelligence Center may carry out a
program of personnel management authority provided in
subsection (b) in order to facilitate recruitment of eminent
experts in science or engineering for the Center. The
authority to carry out the program under this paragraph shall
terminate on December 31, 2024.''.
(b) Scope of Appointment Authority.--Subsection (b)(1) of
such section is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(F) in the case of the Joint Artificial Intelligence
Center, appoint scientists and engineers to a total of not
more than 5 scientific and engineering positions in the
Center;''.
(c) Extension of Terms of Appointment.--Subsection (c)(2)
of such section is amended by striking ``or the Defense
Innovation Unit Experimental'' and inserting ``the Defense
Innovation Unit, or the Joint Artificial Intelligence
Center''.
(d) Update to Organizational Name.--Such section is further
amended--
(1) in subsection (a)(5)--
(A) in the subsection heading by striking ``DIUX'' and
inserting ``DIU''; and
(B) by striking ``Experimental''; and
(2) in subsection (b)(1)(E), by striking ``Experimental''.
SEC. 213. ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE
DEFENSE INNOVATION UNIT.
(a) In General.--
(1) Establishment of joint reserve detachment of the
defense innovation unit.--Chapter 139 of title 10, United
States Code, is amended by inserting after section 2358a the
following new section:
``Sec. 2358b. Joint reserve detachment of the Defense
Innovation Unit
``(a) Establishment.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, may establish a joint reserve detachment
(referred to in this section as the `Detachment') composed of
members of the reserve components described in subsection (b)
to be assigned to each office of the Defense Innovation Unit
to--
``(1) support engagement and collaboration with private-
sector industry and the community surrounding the location of
such office; and
``(2) to accelerate the use and adoption of commercially-
developed technologies for national security purposes.
``(b) Members.--Each Secretary of a military department
shall select for the Detachment, and make efforts to retain,
members of the reserve components who possess relevant
private-sector experience in the fields of business,
acquisition, intelligence, engineering, technology transfer,
science, mathematics, program management, logistics,
cybersecurity, or such other fields as determined by the
Under Secretary of Defense for Research and Engineering.
``(c) Duties.--The Detachment shall have the following
duties:
``(1) Providing the Department of Defense with--
``(A) expertise on and analysis of commercially-developed
technologies;
``(B) commercially-developed technologies to be used as
alternatives for technologies in use by the Department; and
``(C) opportunities for greater engagement and
collaboration between the Department and private-sector
industry on innovative technologies.
``(2) On an ongoing basis--
``(A) partnering with the military departments, the
combatant commands, and other Department of Defense
organizations to--
[[Page H9411]]
``(i) identify and rapidly prototype commercially-developed
technologies; and
``(ii) use alternative contracting mechanisms to procure
such technologies;
``(B) increasing awareness of--
``(i) the work of the Defense Innovation Unit; and
``(ii) the technology requirements of the Department of
Defense as identified in the National Defense Science and
Technology Strategy developed under section 218 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1679); and
``(C) using the investment in research and development made
by private-sector industry in assessing and developing dual-
use technologies.
``(3) Carrying out other activities as directed by the
Under Secretary of Defense for Research and Engineering.
``(d) Joint Duty.--Assignment to a Detachment shall not
qualify as a joint duty assignment, as defined in section
668(b)(1) of title 10, United States Code, unless approved by
the Secretary of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2358a the following new item:
``2358b. Joint reserve detachment of the Defense Innovation Unit.''.
(b) Implementation Report.--Not later than 120 days after
the date of the enactment of this Act, the Under Secretary of
Defense for Research and Engineering, in consultation with
the Director of the Defense Innovation Unit and the
Secretaries of the military departments, shall submit to the
congressional defense committees a report that includes--
(1) an organizational plan and the estimated costs for
establishing the joint reserve detachment required under
section 2358b of title 10, United States Code (as added by
subsection (a)); and
(2) a timeline specifying when such detachment will attain
initial operational capability and full operational
capability, respectively.
SEC. 214. RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES
FOR HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS
OF HIGHER EDUCATION.
Section 2362 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Incentives.--The Secretary of Defense may develop
incentives to encourage research and educational
collaborations between covered educational institutions and
other institutions of higher education.''.
SEC. 215. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(a) of title 10, United States Code, is
amended by striking ``Assistant Secretary of Defense for
Research and Engineering'' and inserting ``Under Secretary of
Defense for Research and Engineering, the Under Secretary of
Defense for Acquisition and Sustainment,''.
SEC. 216. JOINT HYPERSONICS TRANSITION OFFICE.
Section 218 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
10 U.S.C. 2358 note) is amended--
(1) in subsection (a), by striking ``the program required
under subsection (b), and shall'' and inserting ``the program
and activities described in subsections (b) through (f), and
shall'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) University Expertise.--
``(1) Arrangement with institutions of higher education.--
Using the authority specified in section 217 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2358 note) or another similar authority,
the Office shall seek to enter into an arrangement with one
or more institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) under which such institutions may provide the Office
with--
``(A) access to research, technology development, and
workforce development expertise to support the mission of the
Office; and
``(B) foundational and applied hypersonic research,
development, and workforce support in areas that the Office
determines to be relevant for the Department of Defense.
``(2) Availability of information.--The Office shall ensure
that the results of any research and reports produced
pursuant to an arrangement under paragraph (1) are made
available to the Federal Government, the private sector,
academia, and international partners consistent with
appropriate security classification guidance.'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (4), by striking the comma before the
period; and
(B) in paragraph (5), by striking ``certified under
subsection (e) as being consistent with the roadmap under
subsection (d)'' and inserting ``certified under subsection
(f) as being consistent with the roadmap under subsection
(e)'';
(5) in subsection (e), as so redesignated, by adding at the
end the following new paragraph:
``(4) Submittal to congress.--
``(A) Initial submission.--Not later than 180 days after
the date of the enactment of this paragraph, the Secretary of
Defense shall submit to the congressional defense committees
the most recent roadmap developed under paragraph (1).
``(B) Subsequent submissions.--The Secretary of Defense
shall submit to the congressional defense committees each
roadmap revised under paragraph (1) together with the budget
submitted to Congress under section 1105 of title 31, United
States Code, for the fiscal year concerned.''; and
(6) in subsection (f), as so redesignated--
(A) by striking ``subsection (d)'' each place it appears
and inserting ``subsection (e)''; and
(B) in paragraph (3), by striking ``2016'' and inserting
``2026''.
SEC. 217. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZATION
PROGRAM.
(a) Extension of Program.--Section 1603(g) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 10 U.S.C. 2359 note) is amended by striking ``2019''
and inserting ``2024''.
(b) Additional Improvements.--Section 1603 of such Act, as
amended by subsection (a), is further amended--
(1) in the section heading, by inserting ``of dual-use
technology'' after ``commercialization'';
(2) in subsection (a)--
(A) by inserting ``of Dual-Use Technology'' after
``Commercialization''; and
(B) by inserting ``with a focus on priority defense
technology areas that attract public and private sector
funding, as well as private sector investment capital,
including from venture capital firms in the United States,''
before ``in accordance'';
(3) in subsection (c)(4)(A)(iv), by inserting ``, which may
include access to venture capital'' after ``award'';
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (d);
(6) by inserting after subsection (d), as so redesignated,
the following new subsection (e):
``(e) Authorities.--In carrying out this section, the
Secretary may use the following authorities:
``(1) Section 1599g of title 10 of the United States Code,
relating to public-private talent exchanges.
``(2) Section 2368 of such title, relating to Centers for
Science, Technology, and Engineering Partnerships.
``(3) Section 2374a of such title, relating to prizes for
advanced technology achievements.
``(4) Section 2474 of such title, relating to Centers of
Industrial and Technical Excellence.
``(5) Section 2521 of such title, relating to the
Manufacturing Technology Program.
``(6) Section 225 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2359
note).
``(7) Section 1711 of such Act (Public Law 115-91; 10
U.S.C. 2505 note), relating to a pilot program on
strengthening manufacturing in the defense industrial base.
``(8) Section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of
title 31, United States Code, relating to cooperative
research and development agreements.''.
(7) by striking subsection (f); and
(8) by redesignating subsection (g) as subsection (f).
SEC. 218. MODIFICATION OF AUTHORITY AND ADDITION OF
TECHNOLOGY AREAS FOR EXPEDITED ACCESS TO
TECHNICAL TALENT.
(a) Modification of Authority.--Subsection (a)(1) of
section 217 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is
amended by striking ``The Secretary of Defense shall, acting
through the secretaries of the military departments,
establish'' and inserting ``Not later than 180 days after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2020, the Secretary of Defense shall
direct the secretaries of the military departments to
establish''.
(b) Additional Technology Areas.--Subsection (e) of such
section is amended--
(1) by redesignating paragraph (27) as paragraph (30); and
(2) by inserting after paragraph (26) the following new
paragraph (27):
``(27) Rapid prototyping.
``(28) Infrastructure resilience.
``(29) Hypersonics.''.
SEC. 219. EXPANSION OF COORDINATION IN SUPPORT OF NATIONAL
SECURITY INNOVATION AND ENTREPRENEURIAL
EDUCATION.
Section 225(e) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note)
is amended by adding at the end the following new paragraph:
``(18) The Lab-Embedded Entrepreneurship Programs of the
Department of Energy.''.
SEC. 220. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE
AND TECHNOLOGY RESEARCH AND DEVELOPMENT
PROGRAM.
Section 234 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2358 note) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``private sector
entities'' and inserting ``private sector and international
entities''; and
(B) in paragraph (6), by striking ``facilities and
infrastructure'' and inserting ``facilities, workforce, and
infrastructure'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``quantum sciences;'' and
inserting ``quantum information sciences, including through
consultation with--
``(A) the National Quantum Coordination Office;
``(B) the subcommittee on Quantum Information Science of
the National Science and Technology Council;
``(C) other organizations and elements of the Department of
Defense;
[[Page H9412]]
``(D) other Federal agencies; and
``(E) appropriate private sector organizations;'';
(B) by redesignating paragraphs (3) and (4) as paragraphs
(6) and (7), respectively;
(C) by inserting after paragraph (2), the following new
paragraphs:
``(3) in consultation with the entities listed in paragraph
(2), develop plans for--
``(A) the development of the quantum information science
and technology workforce;
``(B) enhancing awareness of quantum information science
and technology;
``(C) reducing the risk of cybersecurity threats posed by
quantum information science technology; and
``(D) development of ethical guidelines for the use of
quantum information science technology;
``(4) in consultation with the National Institute of
Standards and Technology and other appropriate Federal
entities, develop a quantum information science taxonomy and
standards and requirements for quantum information
technology;
``(5) support efforts to increase the technology readiness
level of quantum information science technologies under
development in the United States;'';
(D) in paragraph (6), as so redesignated, by striking
``quantum science'' and inserting ``quantum information
science''; and
(E) in paragraph (7), as so redesignated, by striking ``for
meeting the long-term challenges and achieving the specific
technical goals'' and inserting ``for carrying out the
program under subsection (a)'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting afer subsection (c) the following new
subsection (d):
``(d) Quantum Information Science Research Centers.--The
Secretary of each military department may establish or
designate a defense laboratory or establish activities to
engage with appropriate public and private sector
organizations, including academic organizations, to enhance
and accelerate the research, development, and deployment of
quantum information sciences and quantum information science-
enabled technologies and systems. The Secretary of Defense
shall ensure that not less than one such laboratory or center
is established or designated.''; and
(5) in paragraph (2) of subsection (e), as so
redesignated--
(A) in subparagraph (A), by inserting ``information''
before ``sciences'';
(B) in subparagraph (B),
(i) by inserting ``information'' before ``sciences''; and
(ii) by inserting ``, including a discussion of likely
impacts of quantum information science and technology on
military capabilities'' before the period at the end;
(C) in subparagraph (C), by inserting ``information''
before ``sciences'';
(D) by redesignating subparagraph (E) as subparagraph (F);
and
(E) by striking subparagraph (D) and inserting the
following new subparagraphs:
``(D) A description of the activities carried out in
accordance with this section, including, for each such
activity--
``(i) a roadmap for the activity;
``(ii) a summary of the funding provided for the activity;
and
``(iii) an estimated timeline for the development and
military deployment of quantum technologies supported through
the activity.
``(E) A description of the efforts of the Department of
Defense to update classification and cybersecurity practices
relating to quantum technology, including--
``(i) security processes and requirements for engagement
with allied countries; and
``(ii) a plan for security-cleared government and
contractor workforce development.''.
SEC. 221. UNDERSTANDING OF INVESTMENTS IN ARTIFICIAL
INTELLIGENCE AND DEVELOPMENT OF CAPABILITIES BY
ADVERSARIES.
Section 238(c)(2)(I) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) that appropriate entities in the Department are
reviewing all open source publications from both the United
States and outside the United States that contribute to,
affect, or advance--
``(I) artificial intelligence research and development; or
``(II) the understanding of the Secretary concerning the
investments by adversaries of the United States in artificial
intelligence and the development by such adversaries of
capabilities relating to artificial intelligence.''.
SEC. 222. ADVISORY ROLE OF JASON SCIENTIFIC ADVISORY GROUP.
(a) Ongoing Engagement of Certain Scientific Advisory
Personnel.--
(1) In general.--The Secretary of Defense shall seek to
engage the members of the independent, private scientific
advisory group known as ``JASON'' as advisory personnel to
provide advice, on an ongoing basis, on matters involving
science, technology, and national security, including methods
to defeat existential and technologically-amplified threats
to national security.
(2) Availability to other federal agencies.--At the request
of a Federal agency outside the Department of Defense, the
Secretary of Defense shall seek to make personnel engaged
under paragraph (1) available to such agency for the purpose
of providing advice to the agency on the matters described in
such subsection.
(b) Arrangement for Conduct of National Security Studies
and Analysis.--
(1) In general.--Pursuant to subsection (a), the Secretary
of Defense, acting through the Under Secretary of Defense for
Acquisition and Sustainment, shall seek to enter into an
arrangement under which JASON may provide national security
research studies and other analyses to the Department of
Defense and other Federal agencies to meet mission
requirements and agency needs.
(2) Form of arrangement.--The arrangement entered into
under paragraph (1) shall be in a form the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate for the Department of Defense, which may include
a contract, a grant, a cooperative agreement, the use of
other transaction authority under section 2371 of title 10,
United States Code, or another such arrangement.
(3) Timing of arrangement.--The Secretary of Defense shall
seek to enter into the arrangement under paragraph (1) not
later than 120 days after the date of the enactment of this
Act.
(4) Terms of arrangement.--The arrangement entered into
under paragraph (1) shall--
(A) if specifically negotiated as part of the arrangement,
provide for the Department of Defense to reimburse the entity
supporting JASON for all or a portion of the overhead costs
incurred in support of the arrangement;
(B) allow Federal Government entities outside the
Department of Defense with responsibilities relating to
national security to seek to engage JASON to perform
individual studies relating to national security matters as
part of the arrangement; and
(C) require that a Federal agency that engages JASON to
perform a study under the arrangement will fully fund such
study, including a proportional percentage to the total
overhead costs incurred under the arrangement.
(5) Limitation on termination.--
(A) In general.--The Secretary of Defense may not terminate
the arrangement under paragraph (1) until a period of 180
days has elapsed following the date on which the Secretary--
(i) notifies the congressional defense committees of the
intent of the Secretary to terminate the arrangement; and
(ii) submits the report required under subparagraph (B).
(B) Report required.--
(i) In general.--If the Secretary of Defense determines
that the arrangement under paragraph (1) should be
terminated, the Secretary shall submit to the congressional
defense committees a report on the proposed termination of
the arrangement.
(ii) Elements.--The report required under clause (i) shall
include the following:
(I) A summary of the execution of research projects
conducted by JASON over the four fiscal years preceding the
date of the report, including the projects requested by the
Department of Defense and the projects requested by other
Federal agencies.
(II) An analysis of the costs to the Department of Defense
of maintaining the arrangement under which JASON provided
national security research studies, including any overhead
costs incurred by the Department or shared among Federal
agencies over the four fiscal years preceding the date of the
report.
(III) A timeline for the potential transition or
termination of the activities, functions, and expertise
provided by JASON under the arrangement.
(IV) An assessment of the impact that the termination of
the arrangement with JASON will have on defense research
studies and analytical capabilities, including a mitigation
plan that identifies where alternative and comparable
scientific advice and expertise is available and a comparison
of the costs associated with each alternative.
(iii) Form of report.--The report required under clause (i)
may be submitted in unclassified or classified form.
(6) Annual summary report.--Not later than March 1 of each
year beginning after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees a report that includes--
(A) a summary of expenditures made under the arrangement
with JASON under paragraph (1); and
(B) a summary of the studies and other activities carried
out by JASON pursuant to such arrangement in the preceding
calendar year.
SEC. 223. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL
TECHNOLOGY PROGRAM.
(a) Program Required.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Homeland Security, the Secretary of
Energy, and the heads of such other Federal agencies as the
Secretary of Defense considers appropriate, shall carry out a
program on research, development, testing, evaluation, study,
and demonstration of technologies related to blue carbon
capture and direct air capture.
(2) Program goals.--The goals of the program established
under paragraph (1) are as follows:
(A) To develop technologies that capture carbon dioxide
from seawater and the air to turn such carbon dioxide into
clean fuels to enhance fuel and energy security.
(B) To develop and demonstrate technologies that capture
carbon dioxide from seawater and the air to reuse such carbon
dioxide to create products for military uses.
(C) To develop direct air capture technologies for use--
(i) at military installations or facilities of the
Department of Defense; or
(ii) in modes of transportation by the Navy or the Coast
Guard.
(3) Phases.--The program established under paragraph (1)
shall be carried out in two phases as follows:
[[Page H9413]]
(A) The first phase shall consist of research and
development and shall be carried out as described in
subsection (b).
(B) The second phase shall consist of testing and
evaluation and shall be carried out as described in
subsection (c), if the Secretary determines that the results
of the research and development phase justify implementing
the testing and evaluation phase.
(4) Designation.--The program established under paragraph
(1) shall be known as the ``Direct Air Capture and Blue
Carbon Removal Technology Program'' (in this section referred
to as the ``Program'').
(b) Research and Development Phase.--
(1) In general.--During the research and development phase
of the Program, the Secretary of Defense shall conduct
research and development in pursuit of the goals set forth in
subsection (a)(2).
(2) Direct air capture.--The research and development phase
of the Program may include, with respect to direct air
capture, a front end engineering and design study that
includes an evaluation of direct air capture designs to
produce fuel for use--
(A) at military installations or facilities of the
Department of Defense; or
(B) in modes of transportation by the Navy or the Coast
Guard.
(3) Commencement.--The Secretary shall commence carrying
out the research and development phase of the Program not
later than 90 days after the date of the enactment of this
Act.
(4) Grants authorized.--The Secretary may carry out the
research and development phase of the Program through the
award of grants to private persons and eligible laboratories.
(5) Report required.--Not later than 180 days after the
date of the completion of the research and development phase
of the Program, the Secretary shall submit to Congress a
report on the research and development carried out under the
Program.
(c) Testing and Evaluation Phase.--
(1) In general.--During the testing and evaluation phase of
the Program, the Secretary shall, in pursuit of the goals set
forth in subsection (a)(2), conduct tests and evaluations of
the technologies researched and developed during the research
and development phase of the Program.
(2) Direct air capture.--The testing and evaluation phase
of the Program may include demonstration projects for direct
air capture to produce fuels for use--
(A) at military installations or facilities of the
Department of Defense; or
(B) in modes of transportation by the Navy or the Coast
Guard.
(3) Commencement.--Subject to subsection (a)(3)(B), the
Secretary shall commence carrying out the testing and
evaluation phase of the Program on the date of the completion
of the research and development phase described in subsection
(b), except that the testing and evaluation phase of the
Program with respect to direct air capture may commence at
such time after a front end engineering and design study
demonstrates to the Secretary that commencement of such phase
is appropriate.
(4) Grants authorized.--The Secretary may carry out the
testing and evaluation phase of the Program through the award
of grants to private persons and eligible laboratories.
(5) Locations.--The Secretary shall carry out the testing
and evaluation phase of the Program at military installations
or facilities of the Department of Defense.
(6) Report required.--Not later than September 30, 2026,
the Secretary shall submit to Congress a report on the
findings of the Secretary with respect to the effectiveness
of the technologies tested and evaluated under the Program.
(d) Definitions.--In this section:
(1) The term ``blue carbon capture'' means the removal of
dissolved carbon dioxide from seawater through engineered or
inorganic processes, including filters, membranes, or phase
change systems.
(2)(A) The term ``direct air capture'', with respect to a
facility, technology, or system, means that the facility,
technology, or system uses carbon capture equipment to
capture carbon dioxide directly from the air.
(B) The term ``direct air capture'' does not include any
facility, technology, or system that captures carbon
dioxide--
(i) that is deliberately released from a naturally
occurring subsurface spring; or
(ii) using natural photosynthesis.
(3) The term ``eligible laboratory'' means--
(A) a National Laboratory (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
(B) a science and technology reinvention laboratory
designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note);
(C) the Major Range and Test Facility Base (as defined in
section 2358a(f) of title 10, United States Code); or
(D) any other facility that supports the research,
development, test, and evaluation activities of the
Department of Defense or the Department of Energy.
SEC. 224. REQUIRING DEFENSE MICROELECTRONICS PRODUCTS AND
SERVICES MEET TRUSTED SUPPLY CHAIN AND
OPERATIONAL SECURITY STANDARDS.
(a) Purchases.--To protect the United States from
intellectual property theft and to ensure national security
and public safety in the application of new generations of
wireless network technology and microelectronics, beginning
no later than January 1, 2023, the Secretary of Defense shall
ensure that each microelectronics product or service that the
Department of Defense purchases on or after such date meets
the applicable trusted supply chain and operational security
standards established pursuant to subsection (b), except in a
case in which the Department seeks to purchase a
microelectronics product or service but--
(1) no such product or service is available for purchase
that meets such standards; or
(2) no such product or service is available for purchase
that--
(A) meets such standards; and
(B) is available at a price that the Secretary does not
consider prohibitively expensive.
(b) Trusted Supply Chain and Operational Security
Standards.--
(1) Standards required.--(A) Not later than January 1,
2021, the Secretary shall establish trusted supply chain and
operational security standards for the purchase of
microelectronics products and services by the Department.
(B) For purposes of this section, a trusted supply chain
and operational security standard--
(i) is a standard that systematizes best practices relevant
to--
(I) manufacturing location;
(II) company ownership;
(III) workforce composition;
(IV) access during manufacturing, suppliers' design,
sourcing, manufacturing, packaging, and distribution
processes;
(V) reliability of the supply chain; and
(VI) other matters germane to supply chain and operational
security; and
(ii) is not a military standard (also known as ``MIL-STD'')
or a military specification (also known as ``MIL-SPEC'') for
microelectronics that--
(I) specifies individual features for Department of Defense
microelectronics; or
(II) otherwise inhibits the acquisition by the Department
of securely manufactured, commercially-available products.
(2) Consultation required.--In developing standards under
paragraph (1), the Secretary shall consult with the
following:
(A) The Secretary of Homeland Security, the Secretary of
State, the Secretary of Commerce, and the Director of the
National Institute of Standards and Technology.
(B) Suppliers of microelectronics products and services
from the United States and allies and partners of the United
States.
(C) Representatives of major United States industry sectors
that rely on a trusted supply chain and the operational
security of microelectronics products and services.
(D) Representatives of the United States insurance
industry.
(3) Tiers of trust and levels of security authorized.--In
carrying out paragraph (1), the Secretary may establish tiers
and levels of trust and security within the supply chain and
operational security standards for microelectronics products
and services.
(4) General applicability.--The standards established
pursuant to paragraph (1) shall be, to the greatest extent
practicable, generally applicable to the trusted supply chain
and operational security needs and use cases of the United
States Government and commercial industry, such that the
standards could be widely adopted by government agencies,
commercial industry, and allies and partners of the United
States as the basis for procuring microelectronics products
and services.
(5) Annual review.--Not later than October 1 of each year,
the Secretary shall, in consultation with persons and
entities set forth under paragraph (2), review the standards
established pursuant to paragraph (1) and issue updates or
modifications as the Secretary considers necessary or
appropriate.
(c) Ensuring Ability to Sell Commercially.--
(1) In general.--The Secretary shall, to the greatest
extent practicable, ensure that suppliers of microelectronics
products and services for the Department of Defense subject
to subsection (a) are able and incentivized to sell products
commercially and to governments of allies and partners of the
United States that are produced on the same production lines
as the microelectronics products supplied to the Department
of Defense.
(2) Effect of requirements and acquisitions.--The Secretary
shall, to the greatest extent practicable, ensure that the
requirements of the Department and the acquisition by the
Department of microelectronics enable the success of a dual-
use microelectronics industry.
(d) Maintaining Competition and Innovation.--The Secretary
shall take such actions as the Secretary considers necessary
and appropriate, within the Secretary's authorized activities
to maintain the health of the defense industrial base, to
ensure that--
(1) providers of microelectronics products and services
that meet the standards established under subsection (b) are
exposed to competitive market pressures to achieve
competitive pricing and sustained innovation; and
(2) the industrial base of microelectronics products and
services that meet the standards established under subsection
(b) includes providers manufacturing in the United States or
in countries that are allies or partners of the United
States.
SEC. 225. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE
SECURE, LOW PROBABILITY OF DETECTION DATA LINK
NETWORK CAPABILITY.
(a) Strategy Required.--Not later than March 1, 2020, the
Chief of Staff of the Air Force, the Chief of Naval
Operations, and the Chief of Staff of the Army shall jointly
submit to the congressional defense committees a joint
development and acquisition strategy to procure a secure, low
probability of detection data link network capability, with
the ability to effectively operate in hostile jamming
environments while preserving the low observability
characteristics of the relevant platforms, including both
existing and planned platforms.
[[Page H9414]]
(b) Network Characteristics.--The data link network
capability to be procured pursuant to the development and
acquisition strategy submitted under subsection (a) shall--
(1) ensure that any network made with such capability will
be low risk and affordable, with minimal impact or change to
existing host platforms and minimal overall integration
costs;
(2) use a non-proprietary and open systems approach
compatible with the Rapid Capabilities Office Open Mission
Systems initiative of the Air Force, the Future Airborne
Capability Environment initiative of the Navy, and the
Modular Open Systems Architecture initiative of the Army; and
(3) provide for an architecture to connect, with
operationally relevant throughput and latency--
(A) fifth-generation combat aircraft;
(B) fifth-generation and fourth-generation combat aircraft;
(C) fifth-generation and fourth-generation combat aircraft
and appropriate support aircraft and other network nodes for
command, control, communications, intelligence, surveillance,
and reconnaissance purposes; and
(D) fifth-generation and fourth-generation combat aircraft
and their associated network-enabled precision weapons.
(c) Limitation.--Of the funds authorized to be appropriated
by this Act for fiscal year 2020 for operation and
maintenance for the Office of the Secretary of the Air Force,
for operation and maintenance for the Office of the Secretary
of the Navy, and for operations and maintenance for the
Office of the Secretary of the Army, not more than 50 percent
may be obligated or expended until the date that is 15 days
after the date on which the Chief of Staff of the Air Force,
the Chief of Naval Operations, and the Chief of Staff of the
Army, respectively, submit the development and acquisition
strategy required by subsection (a).
SEC. 226. ESTABLISHMENT OF SECURE NEXT-GENERATION WIRELESS
NETWORK (5G) INFRASTRUCTURE FOR THE NEVADA TEST
AND TRAINING RANGE AND BASE INFRASTRUCTURE.
(a) Establishment Required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall establish secure fifth-generation wireless
network components and capabilities at no fewer than two
Department of Defense installations in accordance with this
section.
(b) Installations.--
(1) Locations.--The Secretary shall establish components
and capabilities under subsection (a) at the following:
(A) The Nevada Test and Training Range, which shall serve
as a Major Range and Test Facility Base (MRTFB) for fifth-
generation wireless networking.
(B) Such Department installations or other installations as
the Secretary considers appropriate for the purpose set forth
in paragraph (2).
(2) Purpose.--The purpose of the establishment of
components and capabilities under subsection (a) at the
locations described in paragraph (1) of this subsection is to
demonstrate the following:
(A) The potential military utility of high bandwidth,
scalable, and low latency fifth-generation wireless
networking technology.
(B) Advanced security technology that is applicable to
fifth-generation networks as well as legacy Department
command and control networks.
(C) Secure interoperability with fixed and wireless systems
(legacy and future systems).
(D) Enhancements such as spectrum and waveform diversity,
frequency hopping and spreading, and beam forming for
military requirements.
(E) Technology for dynamic network slicing for specific use
cases and applications requiring varying levels of latency,
scale, and throughput.
(F) Technology for dynamic spectrum sharing and network
isolation.
(G) Base infrastructure installation of high bandwidth,
scalable, and low latency fifth-generation wireless
networking technology.
(H) Applications for secure fifth-generation wireless
network capabilities for the Department, such as the
following:
(i) Interactive augmented reality or synthetic training
environments.
(ii) Internet of things devices.
(iii) Autonomous systems.
(iv) Advanced manufacturing through the following:
(I) Department-sponsored centers for manufacturing
innovation (as defined in section 34(c) of the National
Institute of Standards and Technology Act (15 U.S.C.
278s(c))).
(II) Department research and development organizations.
(III) Manufacturers in the defense industrial base of the
United States.
SEC. 227. ADMINISTRATION OF MANUFACTURING INNOVATION
INSTITUTES FUNDED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall make such
changes to the administration of covered institutes so as--
(1) to encourage covered institutes to leverage existing
workforce development programs across the Federal Government
and State governments in order to build successful workforce
development programs;
(2) to develop metrics to evaluate the workforce
development performed by the covered institutes, including
metrics on job quality, career pathways, wages and benefits,
and efforts to support veterans, and progress in aligning
workforce skillsets with the current and long-term needs of
the Department of Defense and the defense industrial base;
(3) to allow metrics to vary between covered institutes and
be updated and evaluated continuously in order to more
accurately evaluate covered institutes with different goals
and missions;
(4) to encourage covered institutes to consider developing
technologies that were previously funded by Federal
Government investment for early-stage research and
development and expand cross-government coordination and
collaboration to achieve this goal;
(5) to provide an opportunity for increased Department of
Defense input and oversight from senior-level military and
civilian personnel on future technology roadmaps produced by
covered institutes;
(6) to reduce the barriers to collaboration between and
among multiple covered institutes;
(7) to use contracting vehicles that can increase
flexibility, reduce barriers for contracting with subject-
matter experts and small and medium enterprises, enhance
partnerships between covered institutes, and reduce the time
to award contracts at covered institutes; and
(8) to overcome barriers to the adoption of manufacturing
processes and technologies developed by the covered
institutes by the defense and commercial industrial base,
particularly small and medium enterprises, by engaging with
public and private sector partnerships and appropriate
government programs and activities, including the Hollings
Manufacturing Extension Partnership.
(b) Coordination With Other Activities.--The Secretary
shall carry out this section in coordination with activities
undertaken under--
(1) the Manufacturing Technology Program established under
section 2521 of title 10, United States Code;
(2) the Manufacturing Engineering Education Program
established under section 2196 of such title;
(3) the Defense Manufacturing Community Support Program
established under section 846 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232);
(4) manufacturing initiatives of the Secretary of Commerce,
the head of the National Office of the Manufacturing USA
Network, the Secretary of Energy, and such other government
and private sector organizations as the Secretary of Defense
considers appropriate; and
(5) such other activities as the Secretary considers
appropriate.
(c) Definition of Covered Institute.--In this section, the
term ``covered institute'' means a manufacturing innovation
institute that is funded by the Department of Defense.
SEC. 228. RESEARCH PROGRAM ON FOREIGN MALIGN INFLUENCE
OPERATIONS.
(a) Program Authorized.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, may carry out a research program on foreign
malign influence operations as part of the university
research programs of the Department of Defense.
(b) Program Objectives.--The objectives of a research
program carried out under subsection (a) should include the
following:
(1) Enhance the understanding of foreign malign influence
operations, including activities conducted on social media
platforms.
(2) Facilitate the analysis of publicly available or
voluntarily provided indicators of foreign malign influence
operations.
(3) Promote collaborative research and information exchange
with relevant entities within the Department of Defense and
with other agencies or nongovernmental organizations relating
to foreign malign influence operations, as appropriate.
(c) Notice to Congress.--Not later than 30 days before
initiating a research program under subsection (a), the
Secretary of Defense shall submit to the congressional
defense committees notice of the intent of the Secretary to
initiate such a program, which shall include--
(1) a detailed description of the program and any related
research activities;
(2) the estimated cost and duration of the program; and
(3) any other matters the Secretary determines to be
relevant.
SEC. 229. DIVERSIFICATION OF THE RESEARCH AND ENGINEERING
WORKFORCE OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering
and in consultation with the Under Secretary of Defense for
Personnel and Readiness, shall conduct an assessment of
critical skillsets required across, and the diversity of, the
research and engineering workforce of the Department of
Defense, including the science and technology reinvention
laboratories, to support emerging and future warfighter
technologies.
(2) Elements.--The assessment required by paragraph (1)
shall include analysis of the following:
(A) The percentage of women and minorities employed in the
research and engineering workforce of the Department of
Defense as of the date of the assessment.
(B) Of the individuals hired into the research and
engineering workforce of the Department in the five years
preceding the date of the assessment, the percentage of such
individuals who are women and minorities.
(C) The effectiveness of existing hiring, recruitment, and
retention incentives for women and minorities in the research
and engineering workforce of the Department.
(D) The effectiveness of the Department in recruiting women
and minorities into the laboratory workforce after such
individuals complete work on Department-funded research,
projects, grant projects, fellowships, and STEM programs.
(E) The geographical diversity of the workforce across
various geographic regions.
(b) Plan Required.--
(1) In general.--Based on the results of the assessment
conducted under subsection (a), the Secretary of Defense,
acting through the Under
[[Page H9415]]
Secretary of Defense for Research and Engineering and in
consultation with the Secretaries of the military
departments, shall develop and implement a plan to diversify
and strengthen the research and engineering workforce of the
Department of Defense.
(2) Elements.--The plan required by paragraph (1) shall--
(A) align with science and technology strategy priorities
of the Department of Defense, including the emerging and
future warfighter technology requirements identified by the
Department;
(B) except as provided in subsection (c)(2), set forth
steps for the implementation of each recommendation included
in the 2013 report of the RAND corporation titled ``First
Steps Toward Improving DoD STEM Workforce Diversity'';
(C) harness the full range of the Department's STEM
programs and other Department sponsored programs to develop
and attract top talent;
(D) use existing authorities to attract and retain
students, academics, and other talent;
(E) establish and use contracts, agreements, or other
arrangements with institutions of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)), including historically black colleges and
universities and other minority-serving institutions (as
described in section 371(a) of such Act (20 U.S.C. 1067q(a))
to enable easy and efficient access to research and
researchers for Government sponsored basic and applied
research and studies at each institution, including
contracts, agreements, and other authorized arrangements such
as those authorized under--
(i) section 217 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358
note); and
(ii) such other authorities as the Secretary determines to
be appropriate; and
(F) include recommendations for changes in authorities,
regulations, policies, or any other relevant areas that would
support the achievement of the goals set forth in the plan.
(3) Submittal to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report that includes--
(A) the plan developed under paragraph (1); and
(B) with respect to each recommendation described in
paragraph (2)(B) that the Secretary has implemented or
expects to implement--
(i) a summary of actions that have been taken to implement
the recommendation; and
(ii) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act the Secretary of Defense shall carry out activities to
implement the plan developed under subsection (b).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described in
subsection (b)(2)(B) after the date specified in paragraph
(1) if the Secretary provides the congressional defense
committees with a specific justification for the delay in
implementation of such recommendation on or before such date.
(B) Nonimplementation.--The Secretary of Defense may opt
not to implement a recommendation described in subsection
(b)(2)(B) if the Secretary provides to the congressional
defense committees, on or before the date specified in
paragraph (1)--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of the alternative actions the Secretary
plans to take to address the issues underlying the
recommendation.
(d) STEM Defined.--In this section, the term ``STEM'' means
science, technology, engineering, and mathematics.
SEC. 230. POLICY ON THE TALENT MANAGEMENT OF DIGITAL
EXPERTISE AND SOFTWARE PROFESSIONALS.
(a) Policy.--
(1) In general.--It shall be a policy of the Department of
Defense to promote and maintain digital expertise and
software development as core competencies of civilian and
military workforces of the Department, and as a capability to
support the National Defense Strategy, which policy shall be
achieved by--
(A) the recruitment, development, and incentivization of
retention in and to the civilian and military workforce of
the Department of individuals with aptitude, experience,
proficient expertise, or a combination thereof in digital
expertise and software development;
(B) at the discretion of the Secretaries of the military
departments, the development and maintenance of civilian and
military career tracks related to digital expertise, and
related digital competencies for members of the Armed Forces,
including the development and maintenance of training,
education, talent management, incentives, and promotion
policies in support of members at all levels of such career
tracks; and
(C) the development and application of appropriate
readiness standards and metrics to measure and report on the
overall capability, capacity, utilization, and readiness of
digital engineering professionals to develop and deliver
operational capabilities and employ modern business
practices.
(2) Digital engineering defined.--For purposes of this
section, the term ``digital engineering'' means the
discipline and set of skills involved in the creation,
processing, transmission, integration, and storage of digital
data, including data science, machine learning, software
engineering, software product management, and artificial
intelligence product management.
(b) Implementation Plan.--Not later than May 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
plan that describes how the Department of Defense will
execute the policy described in subsection (a).
(c) Responsibility.--
(1) Appointment of officer.--Not later than 270 days after
the date of enactment of this Act, the Secretary of Defense
may appoint a civilian official responsible for the
development and implementation of the policy and
implementation plan set forth in subsections (a) and (b),
respectively. The official shall be known as the ``Chief
Digital Engineering Recruitment and Management Officer of the
Department of Defense''.
(2) Expiration of appointment.--The appointment of the
Officer under paragraph (1) shall expire on September 30,
2024.
SEC. 231. DIGITAL ENGINEERING CAPABILITY TO AUTOMATE TESTING
AND EVALUATION.
(a) Digital Engineering Capability.--
(1) In general.--The Secretary of Defense shall establish a
digital engineering capability to be used--
(A) for the development and deployment of digital
engineering models for use in the defense acquisition
process; and
(B) to provide testing infrastructure and software to
support automated approaches for testing, evaluation, and
deployment throughout the defense acquisition process.
(2) Requirements.--The capability developed under
subsection (a) shall meet the following requirements:
(A) The capability will be accessible to, and useable by,
individuals throughout the Department of Defense who have
responsibilities relating to capability design, development,
testing, evaluation, and operation.
(B) The capability will provide for the development,
validation, use, curation, and maintenance of technically
accurate digital systems, models of systems, subsystems, and
their components, at the appropriate level of fidelity to
ensure that test activities adequately simulate the
environment in which a system will be deployed.
(C) The capability will include software to automate
testing throughout the program life cycle, including to
satisfy developmental test requirements and operational test
requirements. Such software may be developed in accordance
with the authorities provided under section 800, and shall
support--
(i) security testing that includes vulnerability scanning
and penetration testing performed by individuals, including
threat-based red team exploitations and assessments with
zero-trust assumptions; and
(ii) high-confidence distribution of software to the field
on a time-bound, repeatable, frequent, and iterative basis.
(b) Demonstration Activities.--
(1) In general.--In developing the capability required
under subsection (a), the Secretary of Defense shall carry
out activities to demonstrate digital engineering approaches
to automated testing that--
(A) enable continuous software development and delivery;
(B) satisfy developmental test requirements for the
software-intensive programs of the Department of Defense; and
(C) satisfy operational test and evaluation requirements
for such programs.
(2) Program selection.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall assess and select not fewer than four and not more than
ten programs of the Department of Defense to participate in
the demonstration activities under paragraph (1), including--
(A) at least one program participating in the pilot program
authorized under section 873 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2223a note);
(B) at least one program participating in the pilot program
authorized under section 874 of such Act (Public Law 115-91;
10 U.S.C. 2302 note);
(C) at least one major defense acquisition program (as
defined in section 2430 of title 10, United States Code);
(D) at least one command and control program;
(E) at least one defense business system (as defined in
section 2222(i) of title 10, United States Code); and
(F) at least one program from each military service.
(3) Additional requirements.--As part of the demonstration
activities under paragraph (1), the Secretary shall--
(A) conduct a comparative analysis that assesses the risks
and benefits of the digital engineering supported automated
testing approaches of the programs participating in the
demonstration activities relative to traditional testing
approaches that are not supported by digital engineering;
(B) ensure that the intellectual property strategy for each
of the programs participating in the demonstration activities
is best aligned to meet the goals of the program; and
(C) develop a workforce and infrastructure plan to support
any new policies and guidance implemented in connection with
the demonstration activities, including any policies and
guidance implemented after the completion of such activities.
(c) Policies and Guidance Required.--Not later than one
year after the date of the enactment of this Act, based on
the results of the demonstration activities carried out under
subsection (b), the Secretary of Defense shall issue or
modify policies and guidance to--
(1) promote the use of digital engineering capabilities for
development and for automated testing; and
[[Page H9416]]
(2) address roles, responsibilities, and procedures
relating to such capabilities.
(d) Steering Committee.--
(1) In general.--The Secretary of Defense shall establish a
steering committee to assist the Secretary in carrying out
subsections (a) through (c).
(2) Membership.--The steering committee shall be composed
of the following members or their designees:
(A) The Under Secretary of Defense for Research and
Engineering.
(B) The Under Secretary of Defense for Acquisition and
Sustainment.
(C) The Chief Information Officer.
(D) The Director of Operational Test and Evaluation.
(E) The Director of Cost Assessment and Program Evaluation.
(F) The Service Acquisition Executives.
(G) The Service testing commands.
(H) The Director of the Defense Digital Service.
(e) Reports Required.--
(1) Implementation.--Not later than March 15, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a report on the progress of the Secretary
in implementing subsections (a) through (c). The report shall
include an explanation of how the results of the
demonstration activities carried out under subsection (b)
will be incorporated into the policy and guidance required
under subsection (c), particularly the policy and guidance of
the members of the steering committee established under
subsection (d).
(2) Legislative recommendations.--Not later than October
15, 2020, the Secretary of Defense shall provide to the
congressional defense committees a briefing that identifies
any changes to existing law that may be necessary to
facilitate the implementation of subsections (a) through (c).
(f) Independent Assessment.--
(1) In general.--Not later than March 15, 2021, the Defense
Innovation Board and the Defense Science Board shall jointly
complete an independent assessment of the progress of the
Secretary in implementing subsections (a) through (c). The
Secretary of Defense shall ensure that the Defense Innovation
Board and the Defense Science Board have access to the
resources, data, and information necessary to complete the
assessment.
(2) Information to congress.--Not later than 30 days after
the date on which the assessment under paragraph (1) is
completed, the Defense Innovation Board and the Defense
Science Board shall jointly provide to the congressional
defense committees--
(A) a report summarizing the assessment; and
(B) a briefing on the findings of the assessment.
SEC. 232. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING
TECHNOLOGY DEVELOPMENT.
(a) Alignment of Policy and Technological Development.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall establish a process to
ensure that the policies of the Department of Defense
relating to emerging technology are formulated and updated
continuously as such technology is developed by the
Department.
(b) Elements.--As part of the process established under
subsection (a), the Secretary shall--
(1) specify the role of each covered official in ensuring
that the formulation of policies relating to emerging
technology is carried out concurrently with the development
of such technology; and
(2) incorporate procedures for the continuous legal review
of--
(A) weapons and other defense systems that incorporate or
use emerging technology; and
(B) treaties that may be affected by such technology.
(c) Briefing Required.--Not later than 30 days after the
date on which the Secretary of Defense establishes the
process required under subsection (a), the Secretary shall
provide to the congressional defense committees a briefing on
such process.
(d) Definitions.--In this section:
(1) The term ``covered official'' means the following:
(A) The Chairman of the Joint Chiefs of Staff.
(B) The Under Secretary of Defense for Research and
Engineering.
(C) The Under Secretary of Defense for Acquisition and
Sustainment.
(D) The Under Secretary of Defense for Policy.
(E) The commanders of combatant commands with
responsibilities involving the use of weapons or other
defense systems that incorporate or use emerging technology,
as determined by the Secretary of Defense.
(F) The Secretaries of the military departments.
(2) The term ``emerging technology'' means technology
determined to be in an emerging phase of development by the
Secretary of Defense, including quantum computing, technology
for the analysis of large and diverse sets of data (commonly
known as ``big data analytics''), artificial intelligence,
autonomous technology, robotics, directed energy,
hypersonics, biotechnology, and such other technology as may
be identified by the Secretary.
SEC. 233. IMPROVEMENT OF THE STRATEGIC CAPABILITIES OFFICE OF
THE DEPARTMENT OF DEFENSE.
(a) Organization.--
(1) Authority of deputy secretary of defense.--The Deputy
Secretary of Defense shall exercise authority and direction
over the Strategic Capabilities Office of the Department of
Defense (referred to in this section as the ``Office'').
(2) Authority of director.--The Director of the Office
shall report directly to the Deputy Secretary of Defense.
(3) Delegation.--In exercising authority and direction over
the Office under subsection (a), the Deputy Secretary of
Defense may delegate administrative, management, and other
duties to the Director of the Defense Advanced Research
Projects Agency, as needed, to effectively and efficiently
execute the mission of the Office.
(b) Cross-functional Teams.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Deputy Secretary of Defense
shall establish the following cross-functional teams to
improve the effectiveness of the Office:
(A) A transition cross-functional team to improve the
efficiency and effectiveness with which the programs of the
Office may be transitioned into--
(i) research and development programs of the military
services and other agencies of the Department of Defense; and
(ii) programs of such services and agencies in operational
use.
(B) A technical cross functional team to improve the
continuous technical assessment and review of the programs of
the Office during program selection and execution.
(2) Membership.--The Deputy Secretary of Defense shall
select individuals to serve on the cross-functional teams
described in paragraph (1) from among individuals in the
defense research and engineering enterprise, acquisition
community, Joint Staff, combatant commands, and other
organizations, as determined to be appropriate by the Deputy
Secretary.
SEC. 234. PILOT PROGRAM ON ENHANCED CIVICS EDUCATION.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of Education, shall carry out a pilot
program under which the Secretary provides enhanced
educational support and funding to eligible entities to
improve civics education programs taught by such entities.
(b) Purpose.--The purpose of the pilot program is to
provide enhanced civics education on the following topics:
(1) Critical thinking and media literacy.
(2) Voting and other forms of political and civic
engagement.
(3) Interest in employment, and careers, in public service.
(4) Understanding of United States law, history, and
Government.
(5) The ability of participants to collaborate and
compromise with others to solve problems.
(c) Considerations.--In carrying out the pilot program, the
Secretary of Defense shall consider innovative approaches for
improving civics education.
(d) Metrics and Evaluations.--The Secretary of Defense
shall establish metrics and undertake evaluations to
determine the effectiveness of the pilot program, including
each of the activities carried out under subsection (e).
(e) Types of Support Authorized.--Under the pilot program
the Secretary of Defense--
(1) shall provide support to eligible entities to address,
at a minimum--
(A) the development or modification of curricula relating
to civics education;
(B) classroom activities, thesis projects, individual or
team projects, internships, or community service activities
relating to civics;
(C) collaboration with government entities, nonprofit
organizations, or consortia of such entities and
organizations to provide participants with civics-related
experiences;
(D) civics-related faculty development programs;
(E) recruitment of educators who are highly qualified in
civics education to teach civics or to assist with the
development of curricula for civics education;
(F) presentation of seminars, workshops, and training for
the development of skills associated with civic engagement;
(G) activities that enable participants to interact with
government officials and entities;
(H) expansion of civics education programs and outreach for
members of the Armed Forces, dependents and children of such
members, and employees of the Department of Defense; and
(I) opportunities for participants to obtain work
experience in fields relating to civics; and
(2) may provide any other form of support the Secretary
determines to be appropriate to enhance the civics education
taught by eligible entities.
(f) Report.--Not later than 180 days after the conclusion
of the first full academic year during which the pilot
program is carried out, the Secretary of Defense shall submit
to the congressional defense committees a report that
includes--
(1) a description of the pilot program, including the a
description of the specific activities carried out under
subsection (e); and
(2) the metrics and evaluations used to assess the
effectiveness of the program as required under subsection
(d).
(g) Definitions.--In this section:
(1) The term ``civics education program'' means an
educational program that provides participants with--
(A) knowledge of law, government, and the rights of
citizens; and
(B) skills that enable participants to responsibly
participate in democracy.
(2) The term ``eligible entity'' means any of following:
(A) A local education agency that hosts a unit of the
Junior Reserve Officers' Training Corps.
(B) A school operated by the Department of Defense
Education Activity.
SEC. 235. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP.
(a) Fellowship Program.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense
[[Page H9417]]
for Research and Engineering, may establish a civilian
fellowship program designed to place eligible individuals
within the Department of Defense and Congress to increase the
number of national security professionals with science,
technology, engineering, and mathematics credentials employed
by the Department.
(2) Designation.--The fellowship program established under
paragraph (1) shall be known as the ``Technology and National
Security Fellowship'' (in this section referred to as the
``fellows program'').
(3) Assignments.--Each individual selected for
participation in the fellows program shall be assigned to a
one year position within--
(A) the Department of Defense; or
(B) a congressional office with emphasis on defense and
national security matters.
(4) Pay and benefits.--To the extent practicable, each
individual assigned to a position under paragraph (3)--
(A) shall be compensated at a rate of basic pay that is
equivalent to the rate of basic pay payable for a position at
level 10 of the General Schedule; and
(B) shall be treated as an employee of the United States
during the assignment.
(b) Eligible Individuals.--
(1) Eligibility for dod assignment.--Subject to subsection
(e), an individual eligible for an assignment in the
Department of Defense under subsection (a)(3)(A) is an
individual who--
(A) is a citizen of the United States; and
(B) either--
(i) expects to be awarded a bachelor's degree, associate's
degree, or graduate degree that, as determined by the
Secretary, focuses on science, technology, engineering, or
mathematics course work not later than 180 days after the
date on which the individual submits an application for
participation in the fellows program;
(ii) possesses a bachelor's degree, associate's degree, or
graduate degree that, as determined by the Secretary, focuses
on science, technology, engineering, or mathematics course
work; or
(iii) is an employee of the Department of Defense and
possesses a bachelor's degree, associate's degree, or
graduate degree that, as determined by the Secretary, focuses
on science, technology, engineering, or mathematics course
work.
(2) Eligibility for congressional assignment.--Subject to
subsection (e), an individual eligible for an assignment in a
congressional office under subsection (a)(3)(B) is an
individual who--
(A) meets the requirements specified in paragraph (1); and
(B) has not less than 3 years of relevant work experience
in the field of science, technology, engineering, or
mathematics.
(c) Application.--Each individual seeking to participate in
the fellows program shall submit to the Secretary an
application therefor at such time and in such manner as the
Secretary shall specify.
(d) Coordination.--In carrying out this section, the
Secretary may consider working through the following
entities:
(1) The National Security Innovation Network.
(2) Universities.
(3) Science and technology reinvention laboratories and
test and evaluation centers of the Department of Defense.
(4) Other organizations of the Department of Defense or
public and private sector organizations, as determined
appropriate by the Secretary.
(e) Modifications to Fellows Program.--The Secretary may
modify the terms and procedures of the fellows program in
order to better achieve the goals of the program and to
support workforce needs of the Department of Defense.
(f) Consultation.--The Secretary may consult with the heads
of the agencies, components, and other elements of the
Department of Defense, Members and committees of Congress,
and such institutions of higher education and private
entities engaged in work on national security and emerging
technologies as the Secretary considers appropriate for
purposes of the fellows program, including with respect to
assignments in the fellows program.
SEC. 236. DOCUMENTATION RELATING TO THE ADVANCED BATTLE
MANAGEMENT SYSTEM.
(a) Documentation Required.--Not later than the date
specified in subsection (b), the Secretary of the Air Force
shall submit to the congressional defense committees the
following documentation relating to the Advanced Battle
Management System:
(1) A list that identifies each program, project, and
activity that contributes to the architecture of the Advanced
Battle Management System.
(2) The final analysis of alternatives for the Advanced
Battle Management System.
(3) The requirements for the networked data architecture
necessary for the Advanced Battle Management System to
provide multidomain command and control and battle management
capabilities and a development schedule for such
architecture.
(b) Date Specified.--The date specified in this subsection
is the earlier of--
(1) the date that is 180 days after the date on which the
final analysis of alternatives for the Advanced Battle
Management System is completed; or
(2) June 1, 2020.
(c) Advanced Battle Management System Defined.--In this
section, the term ``Advanced Battle Management System'' means
the Advanced Battle Management System of Systems capability
of the Air Force, including each program, project, and
activity that contributes to such capability.
SEC. 237. SENSOR DATA INTEGRATION FOR FIFTH GENERATION
AIRCRAFT.
(a) F-35 Sensor Data.--The Secretary of Defense shall
ensure that--
(1) information collected by the passive and active on-
board sensors of the F-35 Joint Strike Fighter aircraft is
capable of being shared, in real time, with joint service
users in cases in which the Joint Force Commander determines
that sharing such information would be operationally
advantageous; and
(2) the Secretary has developed achievable, effective, and
suitable concepts and supporting technical architectures to
collect, store, manage, and disseminate information collected
by such sensors.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study of the sensor data collection and
dissemination capability of fifth generation aircraft of the
Department of Defense.
(2) Elements.--The study required by paragraph (1) shall
include an assessment of the following--
(A) the extent to which the Department has established
doctrinal, organizational, or technological methods of
managing the large amount of sensor data that is currently
collected and which may be collected by existing and planned
advanced fifth generation aircraft;
(B) the status of the existing sensor data collection,
storage, dissemination, and management capability and
capacity of fifth generation aircraft, including the F-35,
the F-22, and the B-21; and
(C) the ability of the F-35 aircraft and other fifth
generation aircraft to share information collected by the
aircraft in real-time with other joint service users as
described in subsection (a)(1).
(3) Study results.--
(A) Interim briefing.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall provide to the congressional defense committees a
briefing on the preliminary findings of the study conducted
under this subsection.
(B) Final results.--The Comptroller General shall provide
the final results of the study conducted under this
subsection to the congressional defense committees at such
time and in such format as is mutually agreed upon by the
committees and the Comptroller General at the time of the
briefing under subparagraph (A).
SEC. 238. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT
TECHNOLOGIES.
It is the sense of Congress that the Army should continue
to invest in research, development, test, and evaluation
programs to mature future vertical lift technologies,
including programs to improve pilot situational awareness,
increase flight operations safety, and reduce operation and
maintenance costs.
SEC. 239. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH
PROGRAM, ENVIRONMENTAL SECURITY TECHNICAL
CERTIFICATION PROGRAM, AND OPERATIONAL ENERGY
CAPABILITY IMPROVEMENT.
Of the funds authorized to be appropriated for fiscal year
2020 for the use of the Department of Defense for research,
development, test, and evaluation, as specified in the
funding table in section 4201 for the Strategic Environmental
Research Program, Operational Energy Capability Improvement,
and the Environmental Security Technical Certification
Program, the Secretary of Defense shall, acting through the
Under Secretary of Defense for Acquisition and Sustainment,
expend amounts as follows:
(1) Not less than $10,000,000 on the development and
demonstration of long duration on-site energy battery storage
for distributed energy assets.
(2) Not less than $10,000,000 on the development,
demonstration, and validation of non-fluorine based
firefighting foams.
(3) Not less than $10,000,000 on the development,
demonstration, and validation of secure microgrids for both
installations and forward operating bases.
(4) Not less than $1,000,000 on the development,
demonstration, and validation of technologies that can
harvest potable water from air.
SEC. 240. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION
CAPABILITY INCREMENT 2 CAPABILITY.
(a) Limitation and Report on Indirect Fire Protection
Capability Increment 2.--Not more than 50 percent of the
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for the Army may be
obligated or expended for research, development, test, and
evaluation for the Indirect Fire Protection Capability
Increment 2 capability until the Secretary of the Army
submits to the congressional defense committees a report on
the Indirect Fire Protection Capability Increment 2 program
that contains the following:
(1) An assessment of whether the requirements previously
established for the enduring program meet the anticipated
threat at the time of planned initial operating capability
and fully operating capability.
(2) A list of candidate systems considered to meet the
Indirect Fire Protection Capability Increment 2 enduring
requirement, including those fielded or in development by the
Army and other elements of the Department of Defense.
(3) An assessment of each candidate system's capability
against representative threats.
(4) An assessment of other relevant specifications of each
candidate system, including cost of development, cost per
round if applicable, technological maturity, and logistics
and sustainment.
(5) A plan for how the Army will integrate the chosen
system or systems into the Integrated Air and Missile Defense
Battle Command System.
(6) An assessment of the results of the performance, test,
evaluation, integration, and interoperability of batteries
one and two of the interim solution.
(b) Notification Required.--Not later than 10 days after
the date on which the President
[[Page H9418]]
submits the annual budget request of the President for fiscal
year 2021 pursuant to section 1105 of title 31, United States
Code, the Secretary of the Defense shall, without delegation,
submit to the congressional defense committees a notification
identifying the military services or agencies that will be
responsible for the conduct of air and missile defense in
support of joint campaigns as it applies to defense against
current and emerging missile threats. The notification shall
identify the applicable programs of record to address such
threats, including each class of cruise missile threat.
Subtitle C--Plans, Reports, and Other Matters
SEC. 251. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES
RELATING TO SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) Plan Required.--The Secretary of Defense, jointly with
the Secretaries of the military departments and in
consultation with the Under Secretary of Defense for Research
and Engineering, shall develop a master plan for using
existing authorities to strengthen and modernize the
workforce and capabilities of the science and technology
reinvention laboratories of the Department of Defense
(referred to in this section as the ``laboratories'') to
enhance the ability of the laboratories to execute missions
in the most efficient and effective manner.
(b) Elements.--The master plan required under subsection
(a) shall include, with respect to the laboratories, the
following:
(1) A summary of hiring and staffing deficiencies at
laboratories, by location, and the effect of such
deficiencies on the ability of the laboratories--
(A) to meet existing and future requirements of the
Department of Defense; and
(B) to recruit and retain qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas requiring the
use of the laboratories.
(3) An explanation of the laboratory staffing capabilities
required for each mission area identified under paragraph
(2).
(4) Identification of specific projects, including hiring
efforts and management reforms, that will be carried out--
(A) to address the deficiencies identified in paragraph
(1); and
(B) to support the existing and emerging mission areas
identified in paragraph (2).
(5) For each project identified under paragraph (4)--
(A) a summary of the plan for the project;
(B) a description of the resources that will be applied to
the project; and
(C) a schedule of required investments that will be made as
part of the project.
(6) A description of how the Department, including each
military department concerned, will carry out the projects
identified in paragraph (4) using existing authorities.
(7) Identification of any statutory, regulatory, or
management-related barriers to implementing the master plan
and a description of policy and legislative options that may
be applied to address such barriers.
(c) Consultation.--In developing the master plan required
under subsection (a), the Secretary of Defense, the
Secretaries of the military departments, and the Under
Secretary of Defense for Research and Engineering shall
consult with--
(1) the Service Acquisition Executives with
responsibilities relevant to the laboratories;
(2) the commander of each military command with
responsibilities relating to research and engineering that is
affected by the master plan; and
(3) any other officials determined to be relevant by the
Secretary of Defense, the Secretaries of the military
departments, and the Under Secretary of Defense for Research
and Engineering.
(d) Final Report.--Not later than October 30, 2020, the
Secretary of Defense, jointly with the Secretaries of the
military departments and in consultation with the Under
Secretary of Defense for Research and Engineering, shall
submit to the congressional defense committees--
(1) the master plan developed under subsection (a);
(2) a report on the activities carried out under this
section; and
(3) a report that identifies any barriers that prevent the
full use and implementation of existing authorities,
including any barriers presented by the policies,
authorities, and activities of--
(A) organizations and elements of the Department of
Defense; and
(B) organizations outside the Department.
SEC. 252. INFRASTRUCTURE TO SUPPORT RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION MISSIONS.
(a) Master Plan Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering and in coordination with the Secretaries of the
military departments, shall develop and implement a master
plan that addresses the research, development, test, and
evaluation infrastructure and modernization requirements of
the Department of Defense, including the science and
technology reinvention laboratories and the facilities of the
Major Range and Test Facility Base.
(b) Elements.--The master plan required under subsection
(a) shall include, with respect to the research, development,
test, and evaluation infrastructure of the Department of
Defense, the following:
(1) A summary of deficiencies in the infrastructure, by
location, and the effect of the deficiencies on the ability
of the Department--
(A) to meet current and future military requirements
identified in the National Defense Strategy;
(B) to support science and technology development and
acquisition programs; and
(C) to recruit and train qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas, by location,
that require modernization investments in the
infrastructure--
(A) to improve operations in a manner that may benefit all
users;
(B) to enhance the overall capabilities of the research,
development, test, and evaluation infrastructure, including
facilities and resources;
(C) to improve safety for personnel and facilities; and
(D) to reduce the long-term cost of operation and
maintenance.
(3) Identification of specific infrastructure projects that
are required to address the infrastructure deficiencies
identified under paragraph (1) or to support the existing and
emerging mission areas identified under paragraph (2).
(4) For each project identified under paragraph (3)--
(A) a description of the scope of work;
(B) a cost estimate;
(C) a summary of the plan for the project;
(D) an explanation of the level of priority that will be
given to the project; and
(E) a schedule of required infrastructure investments.
(5) A description of how the Department, including each
military department concerned, will carry out the
infrastructure projects identified in paragraph (3) using the
range of authorities and methods available to the Department,
including--
(A) military construction authority under section 2802 of
title 10, United States Code;
(B) unspecified minor military construction authority under
section 2805(a) of such title;
(C) laboratory revitalization authority under section
2805(d) of such title;
(D) the authority to carry out facility repair projects,
including the conversion of existing facilities, under
section 2811 of such title;
(E) the authority provided under the Defense Laboratory
Modernization Pilot Program under section 2803 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2358 note);
(F) methods that leverage funding from entities outside the
Department, including public-private partnerships, enhanced
use leases and real property exchanges;
(G) the authority to conduct commercial test and evaluation
activities at a Major Range and Test Facility Installation,
under section 2681 of title 10, United States Code; and
(H) any other authorities and methods determined to be
appropriate by the Secretary of Defense.
(6) Identification of any regulatory or policy barriers to
the effective and efficient implementation of the master
plan.
(c) Consultation and Coordination.--In developing and
implementing the plan required under subsection (a), the
Secretary of Defense shall--
(1) consult with existing and anticipated customers and
users of the capabilities of the Major Range and Test
Facility Base and science and technology reinvention
laboratories;
(2) ensure consistency with the science and technology
roadmaps and strategies of the Department of Defense and the
Armed Forces; and
(3) ensure consistency with the strategic plan for test and
evaluation resources required by section 196(d) of title 10,
United States Code.
(d) Submittal to Congress.--Not later than January 1, 2021,
the Secretary of Defense, in coordination with the
Secretaries of the military departments, shall submit to the
congressional defense committees the master plan developed
under subsection (a).
(e) Research, Development, Test, and Evaluation
Infrastructure Defined.--In this section, the term
``research, development, test, and evaluation
infrastructure'' means the infrastructure of--
(1) the science and technology reinvention laboratories (as
designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note));
(2) the Major Range and Test Facility Base (as defined in
section 2358a(f)(3) of title 10, United States Code); and
(3) other facilities that support the research development,
test, and evaluation activities of the Department.
SEC. 253. ENERGETICS PLAN.
(a) Plan Required.--The Under Secretary of Defense for
Research and Engineering shall, in coordination with the
technical directors at defense laboratories and such other
officials as the Under Secretary considers appropriate,
develop an energetics research and development plan to ensure
a long-term multi-domain research, development, prototyping,
and experimentation effort that--
(1) maintains United States technological superiority in
energetics technology critical to national security;
(2) efficiently develops new energetics technologies and
transitions them into operational use, as appropriate; and
(3) maintains a robust industrial base and workforce to
support Department of Defense requirements for energetic
materials.
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Under Secretary shall brief
the congressional defense committees on the plan developed
under subsection (a).
SEC. 254. STRATEGY AND IMPLEMENTATION PLAN FOR FIFTH
GENERATION INFORMATION AND COMMUNICATIONS
TECHNOLOGIES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop--
(1) a strategy for harnessing fifth generation (commonly
known as ``5G'') information and
[[Page H9419]]
communications technologies to enhance military capabilities,
maintain a technological advantage on the battlefield, and
accelerate the deployment of new commercial products and
services enabled by 5G networks throughout the Department of
Defense; and
(2) a plan for implementing the strategy developed under
paragraph (1).
(b) Elements.--The strategy required under subsection (a)
shall include the following elements:
(1) Adoption and use of secure fourth generation (commonly
known as ``4G'') communications technologies and the
transition to advanced and secure 5G communications
technologies for military applications and for military
infrastructure.
(2) Science, technology, research, and development efforts
to facilitate the advancement and adoption of 5G technology
and new uses of 5G systems, subsystems, and components,
including--
(A) 5G testbeds for developing military and dual-use
applications; and
(B) spectrum-sharing technologies and frameworks.
(3) Strengthening engagement and outreach with industry,
academia, international partners, and other departments and
agencies of the Federal Government on issues relating to 5G
technology and the deployment of such technology, including
development of a common industrial base for secure
microelectronics.
(4) Defense industrial base supply chain risk, management,
and opportunities.
(5) Preserving the ability of the Joint Force to achieve
objectives in a contested and congested spectrum environment.
(6) Strengthening the ability of the Joint Force to conduct
full spectrum operations that enhance the military advantages
of the United States.
(7) Securing the information technology and weapon systems
of the Department against malicious activity.
(8) Advancing the deployment of secure 5G networks
nationwide.
(9) Such other matters as the Secretary of Defense
determines to be relevant.
(c) Consultation.--In developing the strategy and
implementation plan required under subsection (a), the
Secretary of Defense shall consult with the following:
(1) The Chief Information Officer of the Department of
Defense.
(2) The Under Secretary of Defense for Research and
Engineering.
(3) The Under Secretary of Defense for Acquisition and
Sustainment.
(4) The Under Secretary of Defense for Intelligence.
(5) Service Acquisition Executives of each military
service.
(d) Periodic Briefings.--
(1) In general.--Not later than March 15, 2020, and not
less frequently than once every three months thereafter
through March 15, 2022, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the development and implementation of the strategy required
under subsection (a), including an explanation of how the
Department of Defense--
(A) is using secure 5G wireless network technology;
(B) is reshaping the Department's policy for producing and
procuring secure microelectronics; and
(C) is working in the interagency and internationally to
develop common policies and approaches.
(2) Elements.--Each briefing under paragraph (1) shall
include information on--
(A) efforts to ensure a secure supply chain for 5G wireless
network equipment and microelectronics;
(B) the continued availability of electromagnetic spectrum
for warfighting needs;
(C) planned implementation of 5G wireless network
infrastructure in warfighting networks, base infrastructure,
defense-related manufacturing, and logistics;
(D) steps taken to work with allied and partner countries
to protect critical networks and supply chains; and
(E) such other topics as the Secretary of Defense considers
relevant.
SEC. 255. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY
STRATEGY.
(a) Designation of Senior Official.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Under Secretary of
Defense for Research and Engineering and in consultation with
the Under Secretary of Defense for Acquisition and
Sustainment and appropriate public and private sector
organizations, shall designate a single official or existing
entity within the Department of Defense as the official or
entity (as the case may be) with principal responsibility for
guiding the development of science and technology activities
related to next generation software and software reliant
systems for the Department, including--
(1) research and development activities on new technologies
for the creation of highly secure, scalable, reliable, time-
sensitive, and mission-critical software;
(2) research and development activities on new approaches
and tools to software development and deployment, testing,
integration, and next generation software management tools to
support the rapid insertion of such software into defense
systems;
(3) foundational scientific research activities to support
advances in software;
(4) technical workforce and infrastructure to support
defense science and technology and software needs and mission
requirements;
(5) providing capabilities, including technologies,
systems, and technical expertise to support improved
acquisition of software reliant business and warfighting
systems; and
(6) providing capabilities, including technologies,
systems, and technical expertise to support defense
operational missions which are reliant on software.
(b) Development of Strategy.--The official or entity
designated under subsection (a) shall develop a Department-
wide strategy for the research and development of next
generation software and software reliant systems for the
Department of Defense, including strategies for--
(1) types of software-related activities within the science
and technology portfolio of the Department;
(2) investment in new approaches to software development
and deployment, and next generation management tools;
(3) ongoing research and other support of academic,
commercial, and development community efforts to innovate the
software development, engineering, and testing process,
automated testing, assurance and certification for safety and
mission critical systems, large scale deployment, and
sustainment;
(4) to the extent practicable, implementing or continuing
the implementation of the recommendations set forth in--
(A) the final report of the Defense Innovation Board
submitted to the congressional defense committees under
section 872 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1497);
(B) the final report of the Defense Science Board Task
Force on the Design and Acquisition of Software for Defense
Systems described in section 868 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2223 note); and
(C) other relevant studies on software research,
development, and acquisition activities of the Department of
Defense.
(5) supporting the acquisition, technology development,
testing, assurance, and certification and operational needs
of the Department through the development of capabilities,
including personnel and research and production
infrastructure, and programs in--
(A) the science and technology reinvention laboratories (as
designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note));
(B) the facilities of the Major Range and Test Facility
Base (as defined in section 2358a(f)(3) of title 10, United
States Code);
(C) the Defense Advanced Research Projects Agency; and
(D) universities, federally funded research and development
centers, and service organizations with activities in
software engineering; and
(6) the transition of relevant capabilities and
technologies to relevant programs of the Department,
including software-reliant cyber-physical systems, tactical
systems, enterprise systems, and business systems.
(c) Submittal to Congress.--Not later than one year after
the date of the enactment of this Act, the official or entity
designated under subsection (a) shall submit to the
congressional defense committees the strategy developed under
subsection (b).
SEC. 256. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY.
(a) Strategy Required.--
(1) In general.--The Secretary of Defense shall develop a
strategy for educating servicemembers in relevant
occupational fields on matters relating to artificial
intelligence.
(2) Elements.--The strategy developed under subsection (a)
shall include a curriculum designed to give servicemembers a
basic knowledge of artificial intelligence. The curriculum
shall include instruction in--
(A) artificial intelligence design;
(B) software coding;
(C) potential military applications for artificial
intelligence;
(D) the impact of artificial intelligence on military
strategy and doctrine;
(E) artificial intelligence decisionmaking via machine
learning and neural networks;
(F) ethical issues relating to artificial intelligence;
(G) the potential biases of artificial intelligence;
(H) potential weakness in artificial intelligence
technology;
(I) opportunities and risks; and
(J) any other matters the Secretary of Defense determines
to be relevant.
(b) Implementation Plan.--The Secretary of Defense shall
develop a plan for implementing the strategy developed under
subsection (a).
(c) Submittal to Congress.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees--
(1) the strategy developed under subsection (a); and
(2) the implementation plan developed under subsection (b).
SEC. 257. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP AND
REPORTS.
(a) Roadmap for Science and Technology Activities to
Support Development of Cyber Capabilities.--
(1) Roadmap required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall develop a roadmap for science and
technology activities of the Department of Defense to support
development of cyber capabilities to meet Department needs
and missions.
(2) Goal of consistency.--The Secretary shall develop the
roadmap required by paragraph (1) to ensure consistency with
appropriate Federal interagency, industry, and academic
activities.
(3) Scope.--The roadmap required by paragraph (1) shall--
[[Page H9420]]
(A) cover the development of capabilities that will likely
see operational use within the next 25 years or earlier; and
(B) address cyber operations and cybersecurity.
(4) Consultation.--The Secretary shall develop the roadmap
required by paragraph (1) in consultation with the following:
(A) The Chief Information Officer of the Department.
(B) The secretaries and chiefs of the military departments.
(C) The Director of Operational Test and Evaluation.
(D) The Commander of the United States Cyber Command.
(E) The Director of the National Security Agency.
(F) The Director of the Defense Information Systems Agency.
(G) The Director of the Defense Advanced Research Projects
Agency.
(H) The Director of the Defense Digital Service.
(I) Such interagency partners as the Secretary considers
appropriate.
(5) Form.--The Secretary shall develop the roadmap required
by paragraph (1) in unclassified form, but may include a
classified annex.
(6) Publication.--The Secretary shall make available to the
public the unclassified form of the roadmap developed
pursuant to paragraph (1).
(b) Annual Report on Cyber Science and Technology
Activities.--
(1) Annual reports required.--In fiscal years 2021, 2022,
and 2023, the Under Secretary of Defense for Research and
Engineering shall submit to the congressional defense
committees a report on the science and technology activities
within the Department of Defense relating to cyber matters
during the previous fiscal year, the current fiscal year, and
the following fiscal year.
(2) Contents.--Each report submitted pursuant to paragraph
(1) shall include, for the period covered by the report, a
description and listing of the science and technology
activities of the Department relating to cyber matters,
including the following:
(A) Extramural science and technology activities.
(B) Intramural science and technology activities.
(C) Major and minor military construction activities.
(D) Major prototyping and demonstration programs.
(E) A list of agreements and activities to transition
capabilities to acquisition activities, including--
(i) national security systems;
(ii) business systems; and
(iii) enterprise and network systems.
(F) Efforts to enhance the national technical cybersecurity
workforce, including specific programs to support education,
training, internships, and hiring.
(G) Efforts to perform cooperative activities with
international partners.
(H) Efforts under the Small Business Innovation Research
and the Small Business Technology Transfer Program, including
estimated amounts to be expected in the following fiscal
year.
(I) Efforts to encourage partnerships between the
Department of Defense and universities participating in the
National Centers of Academic Excellence in Cyber Operations
and Cyber Defense.
(3) Timing.--Each report submitted pursuant to paragraph
(1) shall be submitted concurrently with the annual budget
request of the President submitted pursuant to section 1105
of title 31, United States Code.
(4) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 258. REPORT ON B-52 COMMERCIAL ENGINE REPLACEMENT
PROGRAM.
(a) Documentation Required.--The Secretary of the Air Force
shall submit to the congressional defense committees a report
on the B-52 commercial engine replacement program of the Air
Force.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) The acquisition strategy of the Secretary for the
program.
(2) The cost and schedule estimates of the Secretary for
the program.
(3) The key performance parameters or equivalent
requirements document for the program.
(4) The test and evaluation strategy of the Secretary for
the program.
(5) The logistics strategy of the Secretary for the
program.
(6) The post-production fielding strategy of the Secretary
for the program.
(7) An assessment of the potential for the commercial
engine replacement to achieve nuclear system certification.
(c) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Air Force, not more than 75 percent may be obligated
or expended until the date on which the Secretary of the Air
Force submits to the congressional defense committees the
report required by subsection (a).
SEC. 259. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST
PRACTICES FOR DEPARTMENT OF DEFENSE WARFIGHTING
SYSTEMS.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report on commercial edge
computing technologies and best practices for Department of
Defense warfighting systems.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of initial warfighting system programs
of record that will benefit most from accelerated insertion
of commercial edge computing technologies and best practices,
resulting in significant near-term improvement in system
performance and mission capability.
(2) The plan of the Department of Defense to provide
additional funding for the systems identified in paragraph
(1) to achieve fielding of accelerated commercial edge
computing technologies before or during fiscal year 2021.
(3) The plan of the Department to identify, manage, and
provide additional funding for commercial edge computing
technologies more broadly over the next four fiscal years
where appropriate for--
(A) command, control, communications, and intelligence
systems;
(B) logistics systems; and
(C) other mission-critical systems.
(4) A detailed description of the policies, procedures,
budgets, and accelerated acquisition and contracting
mechanisms of the Department for near-term insertion of
commercial edge computing technologies and best practices
into military mission-critical systems.
SEC. 260. BIANNUAL REPORT ON THE JOINT ARTIFICIAL
INTELLIGENCE CENTER.
(a) Reports Required.--Not later than 180 days after the
date of the enactment of this Act and biannually thereafter
through the end of 2023, the Secretary of Defense shall
submit to the congressional defense committees a report on
the Joint Artificial Intelligence Center (referred to in this
section as the ``Center'').
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) Information relating to the mission and objectives of
the Center.
(2) A description of the National Mission Initiatives,
Component Mission Initiatives, and any other initiatives of
the Center, including a description of--
(A) the activities carried out under the initiatives;
(B) any investments made or contracts entered into under
the initiatives; and
(C) the progress of the initiatives.
(3) A description of how the Center has sought to leverage
lessons learned, share best practices, avoid duplication of
efforts, and transition artificial intelligence research
efforts into operational capabilities by--
(A) collaborating with other organizations and elements of
the Department of Defense, including the Defense Agencies and
the military departments; and
(B) deconflicting the activities of the Center with the
activities of other organizations and elements of the
Department.
(4) A description of any collaboration between--
(A) the Center and the private sector, national
laboratories, and academia; and
(B) the Center and international allies and partners.
(5) The total number of military, contractor, and civilian
personnel who are employed by the Center, assigned to the
Center, and performing functions in support of the Center.
(6) A description of the organizational structure and
staffing of the Center.
(7) A detailed description of the frameworks, metrics, and
capabilities established to measure the effectiveness of the
Center and the Center's investments in the National Mission
Initiatives and Component Mission Initiatives.
(8) A description of any new policies, standards, or
guidance relating to artificial intelligence that have been
issued by the Chief Information Officer of the Department.
(9) Identification of any ethical guidelines applicable to
the use of artificial intelligence by the Department.
(10) A description of any steps taken by the Center to
protect systems that use artificial intelligence from any
attempts to misrepresent or alter information used or
provided by artificial intelligence.
(c) Joint Artificial Intelligence Center Defined.--In this
section, the term ``Joint Artificial Intelligence Center''
means the Joint Artificial Intelligence Center of the
Department of Defense established pursuant to section 238 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note).
SEC. 261. QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING
VEHICLE PROGRAM.
(a) In General.--Beginning not later than December 1, 2019,
and on a quarterly basis thereafter through October 1, 2022,
the Assistant Secretary shall provide to the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on the progress of the Optionally Manned Fighting
Vehicle program of the Army.
(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the Optionally Manned Fighting
Vehicle program, the following elements:
(1) An overview of funding for the program, including
identification of--
(A) any obligations and expenditures that have been made
under the program; and
(B) any obligations and expenditures that are planned for
the program.
(2) An overview of the program schedule.
(3) An assessment of the status of the program with respect
to--
(A) the development and approval of technical requirements;
(B) technological maturity;
(C) testing;
(D) delivery; and
(E) program management.
(4) Any other matters that the Assistant Secretary
considers relevant to a full understanding of the status and
plans of the program.
(c) Assistant Secretary Defined.--In this section, the term
``Assistant Secretary'' means
[[Page H9421]]
the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology (or the designee of the Assistant
Secretary), in consultation with the Commander of the Army
Futures Command (or the designee of the Commander).
SEC. 262. NATIONAL STUDY ON DEFENSE RESEARCH AT HISTORICALLY
BLACK COLLEGES AND UNIVERSITIES AND OTHER
MINORITY INSTITUTIONS.
(a) Study Required.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (referred to in this
section as the ``National Academies'') under which the
National Academies will conduct a study on the status of
defense research at covered institutions and the methods and
means necessary to advance research capacity at covered
institutions to comprehensively address the national security
and defense needs of the United States.
(b) Designation.--The study conducted under subsection (a)
shall be known as the ``National Study on Defense Research At
Historically Black Colleges and Universities and Other
Minority Institutions''.
(c) Elements.--The study conducted under subsection (a)
shall include an examination of each of the following:
(1) The degree to which covered institutions are successful
in competing for and executing Department of Defense
contracts and grants for defense research.
(2) Best practices for advancing the capacity of covered
institutions to compete for and conduct research programs
related to national security and defense.
(3) The advancements and investments necessary to elevate
covered institutions to R2 status or R1 status on the
Carnegie Classification of Institutions of Higher Education,
consistent with the criteria of the classification system.
(4) The facilities and infrastructure for defense-related
research at covered institutions as compared to the
facilities and infrastructure at institutions classified as
R1 status on the Carnegie Classification of Institutions of
Higher Education.
(5) Incentives to attract, recruit, and retain leading
research faculty to covered institutions.
(6) Best practices of institutions classified as R1 status
on the Carnegie Classification of Institutions of Higher
Education, including best practices with respect to--
(A) the establishment of a distinct legal entity to--
(i) enter into contracts or receive grants from the
Department;
(ii) lay the groundwork for future research opportunities;
(iii) develop research proposals;
(iv) engage with defense research funding organizations;
and
(v) execute the administration of grants; and
(B) determining the type of legal entity, if any, to
establish for the purposes described in subparagraph (A).
(7) The ability of covered institutions to develop,
protect, and commercialize intellectual property created
through defense-related research.
(8) The total amount of defense research funding awarded to
all institutions of higher education, including covered
institutions, through contracts and grants for each of fiscal
years 2010 through 2019 and, with respect to each such
institution--
(A) whether the institution established a distinct legal
entity to enter into contracts or receive grants from the
Department and, if so, the type of legal entity that was
established;
(B) the total value of contracts and grants awarded to the
institution of higher education for each of fiscal years 2010
through 2019;
(C) the overhead rate of the institution of higher
education for fiscal year 2019;
(D) the institution's classification on the Carnegie
Classification of Institutions of Higher Education; and
(E) whether the institution qualifies as a covered
institution.
(9) Recommendations for strengthening and enhancing the
programs executed under section 2362 of title 10, United
States Code.
(10) Recommendations to enhance the capacity of covered
institutions to transition research products into defense
acquisition programs or commercialization.
(11) Previous executive or legislative actions by the
Federal Government to address imbalances in Federal research
funding, including such programs as the Defense Established
Program to Stimulate Competitive Research (commonly known as
``DEPSCoR'').
(12) The effectiveness of the Department in attracting and
retaining students specializing in science, technology,
engineering, and mathematics fields from covered institutions
for the Department's programs on emerging capabilities and
technologies.
(13) Recommendations for the development of incentives to
encourage research and educational collaborations between
covered institutions and other institutions of higher
education.
(14) Any other matters the Secretary of Defense determines
to be relevant to advancing the defense research capacity of
covered institutions.
(d) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the President and the appropriate congressional
committees an initial report that includes--
(A) the findings of the study conducted under subsection
(a); and
(B) any recommendations that the National Academies may
have for action by the executive branch and Congress to
improve the participation of covered institutions in
Department of Defense research and any actions that may be
carried out to expand the research capacity of such
institutions.
(2) Final report.--Not later than December 31, 2021, the
Secretary of Defense shall submit to the President and the
appropriate congressional committees a comprehensive report
on the results of the study required under subsection (a).
(3) Form of reports.--Each report submitted under this
subsection shall be made publicly available.
(e) Implementation Required.--
(1) In general.--Except as provided in paragraph (2), not
later than March 1, 2022, the Secretary of Defense shall
commence implementation of each recommendation included in
the final report submitted under subsection (d)(2).
(2) Exceptions.--
(A) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described
paragraph (1) later than March 1, 2022, if--
(i) the Secretary submits to the congressional defense
committees written notice of the intent of the Secretary to
delay implementation of the recommendation; and
(ii) includes, as part of such notice, a specific
justification for the delay in implementing the
recommendation.
(B) Nonimplementation.--The Secretary of Defense may elect
not to implement a recommendation described in paragraph (1),
if--
(i) the Secretary submits to the congressional defense
committees written notice of the intent of the Secretary not
to implement the recommendation; and
(ii) includes, as part of such notice--
(I) the reasons for the Secretary's decision not to
implement the recommendation; and
(II) a summary of alternative actions the Secretary will
carry out to address the purposes underlying the
recommendation.
(3) Implementation plan.--For each recommendation that the
Secretary implements under this subsection, the Secretary
shall submit to the congressional defense committees an
implementation plan that includes--
(A) a summary of actions that have been, or will be,
carried out to implement the recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(f) List of Covered Institutions.--The Secretary of
Defense, in consultation with the Secretary of Education and
the Presidents of the National Academies, shall make
available a list identifying each covered institution
examined as part of the study under subsection (a). The list
shall be made available on a publicly accessible website and
shall be updated not less frequently than once annually until
the date on which the final report is submitted under
subsection (d)(2).
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(C) the Committee on Education and Labor of the House of
Representatives.
(2) The term ``covered institution'' means--
(A) a part B institution (as that term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)); or
(B) any other institution of higher education (as that term
is defined in section 101 of such Act (20 U.S.C. 1001)) at
which not less than 50 percent of the total student
enrollment consists of students from ethnic groups that are
underrepresented in the fields of science and engineering.
SEC. 263. STUDY ON NATIONAL SECURITY EMERGING BIOTECHNOLOGIES
FOR THE DEPARTMENT OF DEFENSE.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a study on
emerging biotechnologies pertinent to national security.
(2) Participation.--Participants in the study shall include
the following:
(A) Such members of the Board as the Chairman of the Board
considers appropriate for the study.
(B) Such additional temporary members or contracted support
as the Secretary--
(i) selects from those recommended by the Chairman for
purposes of the study; and
(ii) considers to have significant technical, policy, or
military expertise.
(3) Elements.--The study conducted pursuant to paragraph
(1) shall include the following:
(A) A review of the military understanding and relevancy of
applications of emerging biotechnologies to national security
requirements of the Department of Defense, including--
(i) a review of all research and development relating to
emerging biotechnologies within the Department of Defense,
including areas that demand further priority and investment;
(ii) a review of interagency cooperation and collaboration
on research and development relating to emerging
biotechnologies between--
(I) the Department;
(II) other departments and agencies in the Federal
Government; and
(III) appropriate private sector entities that are involved
in research and development relating to emerging
biotechnologies;
(iii) an assessment of current biotechnology research in
the commercial sector, institutions of higher education, the
intelligence community, and civilian agencies of the Federal
Government relevant to critical Department of Defense
applications of this research;
(iv) an assessment of the potential national security risks
of emerging biotechnologies, including risks relating to
foreign powers advancing their use of emerging
biotechnologies for military applications and other purposes
faster than the Department; and
(v) an assessment of the knowledge base of the Department
with respect to emerging biotechnologies, including
scientific expertise and infrastructure in the Department and
the capacity
[[Page H9422]]
of the Department to integrate emerging biotechnologies into
its operational concepts, capabilities, and forces.
(B) An assessment of the technical basis within the
Department used to inform the intelligence community of the
Department's collection and analysis needs relating to
emerging biotechnologies.
(C) Development of a recommendation on a definition of
emerging biotechnologies, as appropriate for the Department.
(D) Development of such recommendations as the Board may
have for legislative or administrative action relating to
national security emerging biotechnologies for the
Department.
(4) Access to information.--The Secretary shall provide the
Board with timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a
thorough and independent analysis as required under this
section.
(5) Report.--(A) Not later than one year after the date on
which the Secretary directs the Board to conduct the study
pursuant to paragraph (1), the Board shall transmit to the
Secretary a final report on the study.
(B) Not later than 30 days after the date on which the
Secretary receives the final report under subparagraph (A),
the Secretary shall submit to the congressional defense
committees such report and such comments as the Secretary
considers appropriate.
(b) Briefing Required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide the congressional defense committees a briefing
on potential national security risks of emerging
biotechnologies, including risks relating to foreign powers
advancing their use of emerging biotechnologies for military
applications and other purposes faster than the Department.
SEC. 264. INDEPENDENT STUDY ON OPTIMIZING RESOURCES ALLOCATED
TO COMBATING TERRORISM TECHNICAL SUPPORT
OFFICE.
(a) Independent Study.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally funded
research and development center under which the center will
conduct a study on the optimal use of resources allocated to
the Combating Terrorism Technical Support Office.
(b) Elements of Study.--In carrying out the study referred
to in subsection (a), the federally funded research and
development center with which the Secretary enters into a
contract under such subsection shall--
(1) evaluate the current mission and organization of the
Combating Terrorism Technical Support Office and its relation
to the objectives outlined in the National Defense Strategy;
(2) assess the extent to which the activities of the
Combating Terrorism Technical Support Office are
complementary to and coordinated with other relevant
activities by other Department of Defense entities, including
activities of the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition
and Sustainment, United States Special Operations Command,
and the military departments; and
(3) identify opportunities to improve the efficiency and
effectiveness of the Combating Terrorism Technical Support
Office, including through increased coordination,
realignment, or consolidation with other entities of the
Department of Defense, if appropriate.
(c) Submission to Department of Defense.--Not later than
180 days after the date of the enactment of this Act, the
federally funded research and development center that
conducts the study under subsection (a) shall submit to the
Secretary of Defense a report on the results of the study in
both classified and unclassified form.
(d) Submission to Congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the
report under subsection (c), the Secretary shall submit to
the congressional defense committees an unaltered copy of the
report in both classified and unclassified form, and such
comments as the Secretary may have with respect to the
report.
SEC. 265. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS
AND PROGRAMS.
(a) Assessment.--Not later than 120 days after the date of
the enactment of this Act and pursuant to the arrangement
entered into under section 222, the Secretary of Defense
shall seek to engage the private scientific advisory group
known as ``JASON'' to carry out an independent assessment of
electronic warfare plans and programs.
(b) Elements.--In carrying out the assessment under
subsection (a), JASON shall--
(1) assess the strategies, programs, order of battle, and
doctrine of the Department of Defense related to the
electronic warfare mission area and electromagnetic spectrum
operations;
(2) assess the strategies, programs, order of battle, and
doctrine of potential adversaries, such as China, Iran, and
the Russian Federation, related to the such mission area and
operations;
(3) develop recommendations for improvements to the
strategies, programs, and doctrine of the Department of
Defense in order to enable the United States to achieve and
maintain superiority in the electromagnetic spectrum in
future conflicts; and
(4) develop recommendations for the Secretary of Defense,
Congress, and such other Federal entities as JASON considers
appropriate, including recommendations for--
(A) closing technical, policy, or resource gaps;
(B) improving cooperation and appropriate integration
within the Department of Defense entities;
(C) improving cooperation between the United States and
other countries and international organizations as
appropriate; and
(D) such other important matters identified by JASON that
are directly relevant to the strategies of the Department of
Defense described in paragraph (3).
(c) Liaisons.--The Secretary of Defense shall appoint
appropriate liaisons to JASON to support the timely conduct
of the services covered by this section.
(d) Materials.--The Secretary of Defense shall provide
access to JASON to materials relevant to the services covered
by this section, consistent with the protection of sources
and methods and other critically sensitive information.
(e) Clearances.--The Secretary of Defense shall ensure that
appropriate members and staff of JASON have the necessary
clearances, obtained in an expedited manner, to conduct the
services covered by this section.
(f) Report.--Not later than October 1, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a report on the results of the assessment carried
out under subsection (a), including--
(1) the results of the assessment with respect to each
element described in subsection (b);
(2) the recommendations developed by JASON pursuant to such
subsection.
(g) Relationship to Other Law.--The assessment required
under subsection (a) is separate and independent from the
assessment described in section 255 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1705) and shall be carried out
without regard to any agreement entered into under that
section or the results of any assessment conducted pursuant
to such agreement.
SEC. 266. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH
PROGRAM.
Section 2365 of title 10, United States Code, is amended--
(1) in subsections (a) and (d)(2), by striking ``Assistant
Secretary of Defense for Research and Engineering'' both
places it appears and inserting ``Under Secretary of Defense
for Research and Engineering'';
(2) in subsections (d)(3) and (e), by striking ``Assistant
Secretary'' both places it appears and inserting ``Under
Secretary of Defense for Research and Engineering''; and
(3) in subsection (d), by striking ``Assistant Secretary''
both places it appears and inserting ``Under Secretary''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Timeline for Clearinghouse review of applications for energy
projects that may have an adverse impact on military
operations and readiness.
Sec. 312. Authority to accept contributions of funds from applicants
for energy projects for mitigation of impacts on military
operations and readiness.
Sec. 313. Use of proceeds from sale of recyclable materials.
Sec. 314. Disposal of recyclable materials.
Sec. 315. Department of Defense improvement of previously conveyed
utility systems serving military installations.
Sec. 316. Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard.
Sec. 317. Use of operational energy cost savings of Department of
Defense.
Sec. 318. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 319. Energy resilience programs and activities.
Sec. 320. Technical and grammatical corrections and repeal of obsolete
provisions relating to energy.
Sec. 321. Transfer authority for funding of study and assessment on
health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for
Toxic Substances and Disease Registry.
Sec. 322. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations.
Sec. 324. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 325. Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate.
Sec. 326. Development of extreme weather vulnerability and risk
assessment tool.
Sec. 327. Removal of barriers that discourage investments to increase
military installation resilience.
Sec. 328. Budgeting of Department of Defense relating to extreme
weather.
Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food Packaging.
Sec. 330. Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam.
Sec. 331. Agreements to share monitoring data relating to
perfluoroalkyl and polyfluoroalkyl substances and other
contaminants of concern.
[[Page H9423]]
Sec. 332. Cooperative agreements with States to address contamination
by perfluoroalkyl and polyfluoroalkyl substances.
Sec. 333. Plan to phase out use of burn pits.
Sec. 334. Information relating to locations of burn pit use.
Sec. 335. Data quality review of radium testing conducted at certain
locations of the Department of the Navy.
Sec. 336. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 337. Pilot program for availability of working-capital funds for
increased combat capability through energy optimization.
Sec. 338. Report on efforts to reduce high energy intensity at military
installations.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid
(PFOA) and perfluorooctane sulfonate (PFOS) for
agricultural purposes.
Sec. 344. Acquisition of real property by Air Force.
Sec. 345. Remediation plan.
Subtitle D--Logistics and Sustainment
Sec. 351. Materiel readiness metrics and objectives.
Sec. 352. Clarification of authority regarding use of working-capital
funds for unspecified minor military construction
projects related to revitalization and recapitalization
of defense industrial base facilities.
Sec. 353. Modification to limitation on length of overseas forward
deployment of naval vessels.
Sec. 354. Extension of temporary installation reutilization authority
for arsenals, depots, and plants.
Sec. 355. F-35 Joint Strike Fighter sustainment.
Sec. 356. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 357. Pilot program to train skilled technicians in critical
shipbuilding skills.
Sec. 358. Requirement for military department inter-service depot
maintenance.
Sec. 359. Strategy to improve infrastructure of certain depots of the
Department of Defense.
Subtitle E--Reports
Sec. 361. Readiness reporting.
Sec. 362. Technical correction to deadline for transition to Defense
Readiness Reporting System Strategic.
Sec. 363. Report on Navy ship depot maintenance budget.
Sec. 364. Report on Runit Dome.
Sec. 365. Prohibition on subjective upgrades by commanders of unit
ratings in monthly readiness reporting on military units.
Sec. 366. Requirement to include foreign language proficiency in
readiness reporting systems of Department of Defense.
Subtitle F--Other Matters
Sec. 371. Prevention of encroachment on military training routes and
military operations areas.
Sec. 372. Expansion and enhancement of authorities on transfer and
adoption of military animals.
Sec. 373. Extension of authority for Secretary of Defense to use
Department of Defense reimbursement rate for
transportation services provided to certain non-
Department of Defense entities.
Sec. 374. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 375. Defense personal property program.
Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility.
Sec. 377. Sense of Congress regarding Innovative Readiness Training
program.
Sec. 378. Detonation chambers for explosive ordnance disposal.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. TIMELINE FOR CLEARINGHOUSE REVIEW OF APPLICATIONS
FOR ENERGY PROJECTS THAT MAY HAVE AN ADVERSE
IMPACT ON MILITARY OPERATIONS AND READINESS.
Section 183a(c)(1) of title 10, United States Code, is
amended by striking ``60 days'' and inserting ``75 days''.
SEC. 312. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS FROM
APPLICANTS FOR ENERGY PROJECTS FOR MITIGATION
OF IMPACTS ON MILITARY OPERATIONS AND
READINESS.
Section 183a(f) of title 10, United States Code, is amended
by striking ``for a project filed with the Secretary of
Transportation pursuant to section 44718 of title 49'' and
inserting ``for an energy project''.
SEC. 313. USE OF PROCEEDS FROM SALE OF RECYCLABLE MATERIALS.
Section 2577(c) of title 10, United States Code, is amended
by striking ``$2,000,000'' and inserting ``$10,000,000''.
SEC. 314. DISPOSAL OF RECYCLABLE MATERIALS.
Section 2577(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) In this section, the term `recyclable materials' may
include any quality recyclable material provided to the
Department by a State or local government entity, if such
material is authorized by the Office of the Secretary of
Defense and identified in the regulations prescribed under
paragraph (1).''.
SEC. 315. DEPARTMENT OF DEFENSE IMPROVEMENT OF PREVIOUSLY
CONVEYED UTILITY SYSTEMS SERVING MILITARY
INSTALLATIONS.
Section 2688 of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Improvement of Conveyed Utility Systems.--In the case
of a utility system that is conveyed under this section and
that only provides utility services to a military
installation, the Secretary concerned may use amounts
authorized to be appropriated for military construction to
improve the reliability, resilience, efficiency, physical
security, or cybersecurity of the utility system.''.
SEC. 316. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL
RESTORATION AUTHORITIES TO INCLUDE FEDERAL
GOVERNMENT FACILITIES USED BY NATIONAL GUARD.
(a) In General.--Section 2707 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Authority for National Guard Projects.--
Notwithstanding subsection (a) of this section and section
2701(c)(1) of this title, the Secretary concerned may use
funds described in subsection (c) to carry out an
environmental restoration project at a facility in response
to perfluorooctanoic acid or perfluorooctane sulfonate
contamination under this chapter or CERCLA.''.
(b) Definition of Facility.--Section 2700(2) of such title
is amended--
(1) by striking ``The terms'' and inserting ``(A) The
terms''; and
(2) by adding at the end the following new subparagraph:
``(B) The term `facility' includes real property that is
owned by, leased to, or otherwise possessed by the United
States at locations at which military activities are
conducted under this title or title 32 (including real
property owned or leased by the Federal Government that is
licensed to and operated by a State for training for the
National Guard).''.
(c) Inclusion of Pollutants and Contaminants in
Environmental Response Actions.--Section 2701(c) of such
title is amended by inserting ``or pollutants or
contaminants'' after ``hazardous substances'' each place it
appears.
(d) Savings Clause.--Nothing in this section, or the
amendments made by this section, shall affect any requirement
or authority under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
SEC. 317. USE OF OPERATIONAL ENERGY COST SAVINGS OF
DEPARTMENT OF DEFENSE.
Section 2912 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (b) or (c), as the case may be,'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``The Secretary of Defense'' and inserting
``Except as provided in subsection (c) with respect to
operational energy cost savings, the Secretary of Defense'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Use of Operational Energy Cost Savings.--The amount
that remains available for obligation under subsection (a)
that relates to operational energy cost savings realized by
the Department shall be used for the implementation of
additional operational energy resilience, efficiencies,
mission assurance, energy conservation, or energy security
within the department, agency, or instrumentality that
realized that savings.''.
SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND
COGENERATION PRODUCTION FACILITIES.
Section 2916(b)(3)(B) of title 10, United States Code, is
amended--
(1) by striking ``shall be available'' and all that follows
and inserting ``shall be provided directly to the commander
of the military installation in which the geothermal energy
resource is located to be used for--''; and
(2) by adding at the end the following new clauses:
``(i) military construction projects described in paragraph
(2) that benefit the military installation where the
geothermal energy resource is located; or
``(ii) energy or water security projects that--
``(I) benefit the military installation where the
geothermal energy resource is located;
``(II) the commander of the military installation
determines are necessary; and
``(III) are directly coordinated with local area energy or
groundwater governing authorities.''.
SEC. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES.
(a) Modification of Annual Energy Management and Resilience
Report.--Section
[[Page H9424]]
2925(a) of title 10, United States Code, is amended--
(1) in the subsection heading, by inserting ``and
Readiness'' after ``Mission Assurance'';
(2) in the matter preceding paragraph (1), by inserting
``The Secretary shall ensure that mission operators of
critical facilities provide to personnel of military
installations any information necessary for the completion of
such report.'' after ``by the Secretary.'';
(3) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``megawatts'' and inserting ``electric and
thermal loads''; and
(4) in paragraph (5), by striking ``megawatts'' and
inserting ``electric and thermal loads''.
(b) Funding for Energy Program Offices.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretaries of the military
departments shall submit to the congressional defense
committees a report stating whether the program offices
specified in paragraph (2) are funded--
(A) at proper levels to ensure that the energy resilience
requirements of the Department of Defense are met; and
(B) at levels that are not less than in any previous fiscal
year.
(2) Program offices specified.--The program offices
specified in this paragraph are the following:
(A) The Power Reliability Enhancement Program of the Army.
(B) The Office of Energy Initiatives of the Army.
(C) The Office of Energy Assurance of the Air Force.
(D) The Resilient Energy Program Office of the Navy.
(3) Funding plan.--
(A) In general.--The Secretaries of the military
departments shall include in the report submitted under
paragraph (1) a funding plan for the next five fiscal years
beginning after the date of the enactment of this Act to
ensure that funding levels are, at a minimum, maintained
during that period.
(B) Elements.--The funding plan under subparagraph (A)
shall include, for each fiscal year covered by the plan, an
identification of the amounts to be used for the
accomplishment of energy resilience goals and objectives.
(c) Establishment of Targets for Water Use.--The Secretary
of Defense shall, where life-cycle cost-effective, improve
water use efficiency and management by the Department of
Defense, including storm water management, by--
(1) installing water meters and collecting and using water
balance data of buildings and facilities to improve water
conservation and management;
(2) reducing industrial, landscaping, and agricultural
water consumption in gallons by two percent annually through
fiscal year 2030 relative to a baseline of such consumption
by the Department in fiscal year 2010; and
(3) installing appropriate sustainable infrastructure
features on installations of the Department to help with
storm water and wastewater management.
SEC. 320. TECHNICAL AND GRAMMATICAL CORRECTIONS AND REPEAL OF
OBSOLETE PROVISIONS RELATING TO ENERGY.
(a) Technical and Grammatical Corrections.--
(1) Technical corrections.--Title 10, United States Code,
is amended--
(A) in section 2913(c), by striking ``government'' and
inserting ``government or''; and
(B) in section 2926(d)(1), in the second sentence, by
striking ``Defense Agencies'' and inserting ``the Defense
Agencies''.
(2) Grammatical corrections.--Such title is further
amended--
(A) in section 2922a(d), by striking ``resilience are
prioritized and included'' and inserting ``energy resilience
are included as critical factors''; and
(B) in section 2925(a)(3), by striking ``impacting energy''
and all that follows through the period at the end and
inserting ``degrading energy resilience at military
installations (excluding planned outages for maintenance
reasons), whether caused by on- or off-installation
disruptions, including the total number of outages and their
locations, the duration of each outage, the financial effect
of each outage, whether or not the mission was affected, the
downtimes (in minutes or hours) the mission can afford based
on mission requirements and risk tolerances, the responsible
authority managing the utility, and measures taken to
mitigate the outage by the responsible authority.''.
(b) Clarification of Applicability of Conflicting
Amendments Made by 2018 Defense Authorization Act.--Section
2911(e) of such title is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Opportunities to reduce the current rate of
consumption of energy, the future demand for energy, and the
requirement for the use of energy.
``(2) Opportunities to enhance energy resilience to ensure
the Department of Defense has the ability to prepare for and
recover from energy disruptions that affect mission assurance
on military installations.''; and
(2) by striking the second paragraph (13).
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of section 2926 of such
title is amended to read as follows:
``Sec. 2926. Operational energy''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 173 of such title is amended by striking
the item relating to section 2926 and inserting the following
new item:
``2926. Operational energy.''.
SEC. 321. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN
DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES
AND DISEASE REGISTRY.
Section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1350), as amended by section 315(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by striking ``2019 and
2020'' and inserting ``2019, 2020, and 2021''.
SEC. 322. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING
FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT.
(a) Use of Fluorine-free Foam at Military Installations.--
(1) Military specification.--Not later than January 31,
2023, the Secretary of the Navy shall publish a military
specification for a fluorine-free fire-fighting agent for use
at all military installations and ensure that such agent is
available for use by not later than October 1, 2023.
(2) Report to congress.--Concurrent with publication of the
military specification under paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees
a report containing a detailed plan for implementing the
transition to a fluorine-free fire-fighting agent by not
later than October 1, 2023. The report shall include--
(A) a detailed description of the progress of the
Department of Defense to identify a fluorine-free fire-
fighting agent for use as a replacement fire-fighting agent
at military installations;
(B) a description of any technology and equipment required
to implement the replacement fire-fighting agent;
(C) funding requirements, by fiscal year, to implement the
replacement fire-fighting agent, including funding for the
procurement of a replacement fire-fighting agent, required
equipment, and infrastructure improvements;
(D) a detailed timeline of remaining required actions to
implement such replacement.
(b) Limitation.--No amount authorized to be appropriated or
otherwise made available for the Department of Defense may be
obligated or expended after October 1, 2023, to procure fire-
fighting foam that contains in excess of one part per billion
of perfluoroalkyl substances and polyfluoroalkyl substances.
(c) Prohibition on Use.--Fluorinated aqueous film-forming
foam may not be used at any military installation on or after
the earlier of the following dates:
(1) October 1, 2024.
(2) The date on which the Secretary determines that
compliance with the prohibition under this subsection is
possible.
(d) Exemption for Shipboard Use.--Subsections (b) and (c)
shall not apply to firefighting foam for use solely onboard
ocean-going vessels.
(e) Waiver.--
(1) In general.--Subject to the limitations under paragraph
(2), the Secretary of Defense may waive the prohibition under
subsection (c) with respect to the use of fluorinated aqueous
film-forming foam, if, by not later than 60 days prior to
issuing the waiver, the Secretary--
(A) provides to the congressional defense committees a
briefing on the basis for the waiver and the progress to
develop and field a fluorine-free fire-fighting agent that
meets the military specifications issued pursuant to
subsection (a), which includes--
(i) detailed data on the progress made to identify a
replacement fluorine-free fire-fighting agent;
(ii) a description of the range of technology and
equipment-based solutions analyzed to implement replacement;
(iii) a description of the funding, by fiscal year, applied
towards research, development, test, and evaluation of
replacement firefighting agents and equipment-based
solutions;
(iv) a description of any completed and projected
infrastructure changes;
(v) a description of acquisition actions made in support of
developing and fielding the fluorine-free fire-fighting
agent;
(vi) an updated timeline for the completion of the
transition to use of the fluorine-free fire-fighting agent;
and
(vii) a list of the categories of installation
infrastructure or specific mobile firefighting equipment sets
that require the waiver along with the justification;
(B) submits to the congressional defense committees
certification in writing, that--
(i) the waiver is necessary for either installation
infrastructure, mobile firefighting equipment, or both;
(ii) the waiver is necessary for the protection of life and
safety;
(iii) no agent or equipment solutions are available that
meet the military specific issued pursuant to subsection (a);
(iv) the military specification issued pursuant to
subsection (a) is still valid and does not require revision;
and
(v) includes details of the measures in place to minimize
the release of and exposure to fluorinated compounds in
fluorinated aqueous film-forming foam; and
(C) provides for public notice of the waiver.
(2) Limitation.--The following limitations apply to a
waiver issued under this subsection:
(A) Such a waiver shall apply for a period that does not
exceed one year.
(B) The Secretary may extend such a waiver once for an
additional period that does not exceed one year, if the
requirements under paragraph (1) are met as of the date of
the extension of the waiver.
[[Page H9425]]
(C) The authority to grant a waiver under this subsection
may not be delegated below the level of the Secretary of
Defense.
(f) Definitions.--In this section:
(1) The term ``perfluoroalkyl substances'' means aliphatic
substances for which all of the H atoms attached to C atoms
in the nonfluorinated substance from which they are
notionally derived have been replaced by F atoms, except
those H atoms whose substitution would modify the nature of
any functional groups present.
(2) The term ``polyfluoroalkyl substances'' means aliphatic
substances for which all H atoms attached to at least one
(but not all) C atoms have been replaced by F atoms, in such
a manner that they contain the perfluoroalkyl moiety CnF2n+1_
(for example, C8F17CH2CH2OH).
SEC. 323. PROHIBITION OF UNCONTROLLED RELEASE OF FLUORINATED
AQUEOUS FILM-FORMING FOAM AT MILITARY
INSTALLATIONS.
(a) Prohibition.--Except as provided by subsection (b), the
Secretary of Defense shall prohibit the uncontrolled release
of fluorinated aqueous film-forming foam (hereinafter in this
section referred to as ``AFFF'') at military installations.
(b) Exceptions.--Notwithstanding subsection (a),
fluorinated AFFF may be released at military installations as
follows:
(1) AFFF may be released for purposes of an emergency
response.
(2) A non-emergency release of AFFF may be made for the
purposes of testing of equipment or training of personnel, if
complete containment, capture, and proper disposal mechanisms
are in place to ensure no AFFF is released into the
environment.
SEC. 324. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM
FORMING FOAM FOR TRAINING EXERCISES.
The Secretary of Defense shall prohibit the use of
fluorinated aqueous film forming foam for training exercises
at military installations.
SEC. 325. REAL-TIME SOUND-MONITORING AT NAVY INSTALLATIONS
WHERE TACTICAL FIGHTER AIRCRAFT OPERATE.
(a) Monitoring.--The Secretary of the Navy shall conduct
real-time sound-monitoring at no fewer than two Navy
installations and their associated outlying landing fields on
the west coast of the United States where Navy combat coded
F/A-18, E/A-18G, or F-35 aircraft are based and operate and
noise contours have been developed through noise modeling.
Sound monitoring under such study shall be conducted--
(1) during times of high, medium, and low activity over the
course of a 12-month period; and
(2) along and in the vicinity of flight paths used to
approach and depart the selected installations and their
outlying landing fields.
(b) Plan for Additional Monitoring.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
the Navy shall submit to the congressional defense committees
a plan for real-time sound monitoring described in subsection
(a) in the vicinity of training areas predominantly overflown
by tactical fighter aircraft from the selected installations
and outlying landing fields, including training areas that
consist of real property administered by the Federal
Government (including Department of Defense, Department of
Interior, and Department of Agriculture), State and local
governments, and privately owned land with the permission of
the owner.
(c) Report Required.--Not later than December 1, 2020, the
Secretary of the Navy shall submit to the congressional
defense committees a report on the monitoring required under
subsection (a). Such report shall include--
(1) the results of such monitoring;
(2) a comparison of such monitoring and the noise contours
previously developed with the analysis and modeling methods
previously used;
(3) an overview of any changes to the analysis and modeling
process that have been made or are being considered as a
result of the findings of such monitoring; and
(4) any other matters that the Secretary determines
appropriate.
(d) Public Availability of Monitoring Results.--The
Secretary shall make the results of the monitoring required
under subsection (a) publicly available on a website of the
Department of Defense.
SEC. 326. DEVELOPMENT OF EXTREME WEATHER VULNERABILITY AND
RISK ASSESSMENT TOOL.
(a) In General.--The Secretary of Defense shall consult
with the entities described in subsection (b) to determine
whether an existing climate vulnerability and risk assessment
tool is available or can be adapted to be used to quantify
the risks associated with extreme weather events and the
impact of such events on networks, systems, installations,
facilities, and other assets to inform mitigation planning
and infrastructure development.
(b) Consultation.--In determining the availability of an
appropriate tool to use or adapt for use under subsection
(a), the Secretary shall consult with the Administrator of
the Environmental Protection Agency, the Secretary of Energy,
the Secretary of the Interior, the Administrator of the
National Oceanic and Atmospheric Administration, the
Administrator of the Federal Emergency Management Agency, the
Commander of the Army Corps of Engineers, the Administrator
of the National Aeronautics and Space Administration, a
federally funded research and development center, and the
heads of such other relevant Federal agencies as the
Secretary of Defense determines appropriate.
(c) Best Available Science.--Before choosing a tool for use
or adaptation for use under subsection (a), the Secretary
shall obtain from a federally funded research and development
center with which the Secretary has consulted under
subsection (b) a certification in writing that the tool
relies on the best publicly available science for the
prediction of extreme weather risk and effective mitigation
of that risk.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the
implementation of this section. Such report shall include--
(1) in the case that a tool has been chosen under
subsection (a) before the date of the submittal of the
report, a description of the tool and how such tool will be
used by the Department; or
(2) in the case that the Secretary determines that no
available tool meets the requirements of the Department as
described in subsection (a) or is readily adaptable for use,
a plan for the development of such a tool, including the
estimated cost and timeframe for development of such a tool.
SEC. 327. REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS TO
INCREASE MILITARY INSTALLATION RESILIENCE.
(a) In General.--The Secretary of Defense shall--
(1) identify and seek to remove barriers that discourage
investments to increase military installation resilience;
(2) reform policies and programs that unintentionally
increased the vulnerability of systems to related extreme
weather events; and
(3) develop, and update at least once every four years, an
adaptation plan to assess how climate impacts affected the
ability of the Department of Defense to accomplish its
mission, and the short-and long- term actions the Department
can take to ensure military installation resilience.
(b) Military Installation Resilience.--In this section, the
term ``military installation resilience'' has the meaning
given such term in section 101(e)(8) of title 10, United
States Code.
SEC. 328. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO
EXTREME WEATHER.
(a) In General.--The Secretary of Defense shall include in
the annual budget submission of the President under section
1105(a) of title 31, United States Code--
(1) a dedicated budget line item for adaptation to, and
mitigation of, effects of extreme weather on military
networks, systems, installations, facilities, and other
assets and capabilities of the Department of Defense; and
(2) an estimate of the anticipated adverse impacts to the
readiness of the Department and the financial costs to the
Department during the year covered by the budget of the loss
of, or damage to, military networks, systems, installations,
facilities, and other assets and capabilities of the
Department, including loss of or obstructed access to
training ranges, as a result extreme weather events.
(b) Disaggregation of Impacts and Costs.--The estimate
under subsection (a)(2) shall set forth the adverse readiness
impacts and financial costs under that subsection by military
department, Defense Agency, and other component or element of
the Department.
(c) Extreme Weather Defined.--In this section, the term
``extreme weather'' means recurrent flooding, drought,
desertification, wildfires, and thawing permafrost.
SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO-
EAT FOOD PACKAGING.
(a) Prohibition.--Not later than October 1, 2021, the
Director of the Defense Logistics Agency shall ensure that
any food contact substances that are used to assemble and
package meals ready-to-eat (MREs) procured by the Defense
Logistics Agency do not contain any perfluoroalkyl substances
or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a man-made chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(2) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a man-made chemical containing a mix of
fully fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
SEC. 330. DISPOSAL OF MATERIALS CONTAINING PER- AND
POLYFLUOROALKYL SUBSTANCES OR AQUEOUS FILM-
FORMING FOAM.
(a) In General.--The Secretary of Defense shall ensure that
when materials containing per- and polyfluoroalkyl substances
(referred to in this section as ``PFAS'') or aqueous film
forming foam (referred to in this section as ``AFFF'') are
disposed--
(1) all incineration is conducted at a temperature range
adequate to break down PFAS chemicals while also ensuring the
maximum degree of reduction in emission of PFAS, including
elimination of such emissions where achievable;
(2) all incineration is conducted in accordance with the
requirements of the Clean Air Act (42 USC 7401 et seq.),
including controlling hydrogen fluoride;
(3) any materials containing PFAS that are designated for
disposal are stored in accordance with the requirement under
part 264 of title 40, Code of Federal Regulations; and
(4) all incineration is conducted at a facility that has
been permitted to receive waste regulated under subtitle C of
the Solid Waste Disposal Act (42 USC 6921 et seq.).
(b) Scope of Application.--The requirements in subsection
(a) only apply to all legacy AFFF formulations containing
PFAS, materials contaminated by AFFF release, and spent
filters or other PFAS contaminated materials resulting from
site remediation or water filtration that--
(1) have been used by the Department of Defense or a
military department; or
[[Page H9426]]
(2) are being discarded for disposal by means of
incineration by the Department of Defense or a military
department; or
(3) are being removed from sites or facilities owned or
operated by the Department of Defense.
SEC. 331. AGREEMENTS TO SHARE MONITORING DATA RELATING TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
AND OTHER CONTAMINANTS OF CONCERN.
(a) In General.--The Secretary of Defense shall seek to
enter into agreements with municipalities or municipal
drinking water utilities located adjacent to military
installations under which both the Secretary and the
municipalities and utilities would share monitoring data
relating to perfluoroalkyl substances, polyfluoroalkyl
substances, and other emerging contaminants of concern
collected at the military installation.
(b) Publicly Available Website.--The Secretary of Defense
shall maintain a publicly available website that provides a
clearinghouse for information about the exposure of members
of the Armed Forces, their families, and their communities to
per- and polyfluoroalkyl substances. The information provided
on the website shall include information on testing, clean-
up, and recommended available treatment methodologies.
(c) Public Communication.--An agreement under subsection
(a) does not negate the responsibility of the Secretary to
communicate with the public about drinking water
contamination from perfluoroalkyl substances, polyfluoroalkyl
substances, and other contaminants.
(d) Military Installation Defined.--In this section, the
term ``military installation'' has the meaning given that
term in section 2801(c) of title 10, United States Code.
SEC. 332. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS
CONTAMINATION BY PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
(a) Cooperative Agreements.--
(1) In general.--Upon request from the Governor or chief
executive of a State, the Secretary of Defense shall work
expeditiously, pursuant to section 2701(d) of title 10,
United States Code, to finalize a cooperative agreement, or
amend an existing cooperative agreement to address testing,
monitoring, removal, and remedial actions relating to the
contamination or suspected contamination of drinking,
surface, or ground water from PFAS originating from
activities of the Department of Defense by providing the
mechanism and funding for the expedited review and approval
of documents of the Department related to PFAS investigations
and remedial actions from an active or decommissioned
military installation, including a facility of the National
Guard.
(2) Minimum standards.--A cooperative agreement finalized
or amended under paragraph (1) shall meet or exceed the most
stringent of the following standards for PFAS in any
environmental media:
(A) An enforceable State standard, in effect in that State,
for drinking, surface, or ground water, as described in
section 121(d)(2)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)).
(B) An enforceable Federal standard for drinking, surface,
or ground water, as described in section 121(d)(2)(A)(i) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
(C) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(3) Other authority.--In addition to the requirements for a
cooperative agreement under paragraph (1), when otherwise
authorized to expend funds for the purpose of addressing
ground or surface water contaminated by a perfluorinated
compound, the Secretary of Defense may, to expend those
funds, enter into a grant agreement, cooperative agreement,
or contract with--
(A) the local water authority with jurisdiction over the
contamination site, including--
(i) a public water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f)); and
(ii) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292)); or
(B) a State, local, or Tribal government.
(b) Report.--Beginning on February 1, 2020, if a
cooperative agreement is not finalized or amended under
subsection (a) within one year after the request from the
Governor or chief executive under that subsection, and
annually thereafter, the Secretary of Defense shall submit to
the appropriate committees and Members of Congress a report--
(1) explaining why the agreement has not been finalized or
amended, as the case may be; and
(2) setting forth a projected timeline for finalizing or
amending the agreement.
(c) Definitions.--In this section:
(1) Appropriate committees and members of congress.--The
term ``appropriate committees and Members of Congress''
means--
(A) the congressional defense committees;
(B) the Senators who represent a State impacted by PFAS
contamination described in subsection (a)(1); and
(C) the Members of the House of Representatives who
represent a district impacted by such contamination.
(2) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(3) PFAS.--The term ``PFAS'' means perfluoroalkyl and
polyfluoroalkyl substances that are man-made chemicals with
at least one fully fluorinated carbon atom.
(4) State.--The term ``State'' has the meaning given the
term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
SEC. 333. PLAN TO PHASE OUT USE OF BURN PITS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan to phase out the use
of the burn pits identified in the Department of Defense Open
Burn Pit Report to Congress dated April 2019.
SEC. 334. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE.
The Secretary of Defense shall provide to the Secretary of
Veterans Affairs and to Congress a list of all locations
where open-air burn pits have been used by the Secretary of
Defense, for the purposes of augmenting the research,
healthcare delivery, disability compensation, and other
activities of the Secretary of Veterans Affairs.
SEC. 335. DATA QUALITY REVIEW OF RADIUM TESTING CONDUCTED AT
CERTAIN LOCATIONS OF THE DEPARTMENT OF THE
NAVY.
(a) Review of Radium Testing.--Except as provided in
subsection (b), the Secretary of the Navy shall provide for
an independent third-party data quality review of all radium
testing completed by contractors of the Department of the
Navy at a covered location.
(b) Exception.--In the case of a covered location for which
an independent third-party data quality review of all radium
testing completed by contractors of the Department has been
conducted prior to the date of the enactment of this Act, the
requirement under subsection (a) shall not apply if the
Secretary of the Navy submits to the congressional defense
committees a report containing--
(1) a certification that such review has been conducted for
such covered location; and
(2) a description of the results of such review.
(c) Covered Location Defined.--In this section, the term
``covered location'' means any of the following:
(1) Naval Weapons Industrial Reserve Plant, Bethpage, New
York.
(2) Hunter's Point Naval Shipyard, San Francisco,
California.
SEC. 336. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH THE TWIN
CITIES ARMY AMMUNITION PLANT, MINNESOTA.
(a) Transfer Amount.--Notwithstanding section 2215 of title
10, United States Code, the Secretary of Defense may transfer
to the Administrator of the Environmental Protection Agency--
(1) in fiscal year 2020, not more than $890,790; and
(2) in each of fiscal years 2021 through 2026, not more
than $150,000.
(b) Purpose of Reimbursement.--The amount authorized to be
transferred under subsection (a) is to reimburse the
Environmental Protection Agency for costs the Agency has
incurred and will incur relating to the response actions
performed at the Twin Cities Army Ammunition Plant,
Minnesota, through September 30, 2025.
(c) Interagency Agreement.--The reimbursement described in
subsection (b) is intended to satisfy certain terms of the
interagency agreement entered into by the Department of the
Army and the Environmental Protection Agency for the Twin
Cities Army Ammunition Plant that took effect in December
1987 and that provided for the recovery of expenses by the
Agency from the Department of the Army.
SEC. 337. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL
FUNDS FOR INCREASED COMBAT CAPABILITY THROUGH
ENERGY OPTIMIZATION.
(a) In General.--Notwithstanding section 2208 of title 10,
United States Code, the Secretary of Defense and the military
departments may use a working capital fund established
pursuant to that section for expenses directly related to
conducting a pilot program for energy optimization
initiatives described in subsection (b).
(b) Energy Optimization Initiatives.--Energy optimization
initiatives covered by the pilot program include the
research, development, procurement, installation, and
sustainment of technologies or weapons system platforms, and
the manpower required to do so, that would improve the
efficiency and maintainability, extend the useful life, lower
maintenance costs, or provide performance enhancement of the
weapon system platform or major end item.
(c) Limitation on Certain Projects.--Funds may not be used
pursuant to subsection (a) for--
(1) any product improvement that significantly changes the
performance envelope of an end item; or
(2) any single component with an estimated total cost in
excess of $10,000,000.
(d) Limitation in Fiscal Year Pending Timely Report.--If
during any fiscal year the report required by paragraph (1)
of subsection (e) is not submitted by the date specified in
paragraph (2) of that subsection, funds may not be used
pursuant to subsection (a) during the period--
(1) beginning on the date specified in such paragraph (2);
and
(2) ending on the date of the submittal of the report.
(e) Annual Report.--
(1) In general.--The Secretary of Defense shall submit an
annual report to the congressional defense committees on the
use of the authority under subsection (a) during the
preceding fiscal year.
(2) Deadline for submittal.--The report required by
paragraph (1) in a fiscal year shall be submitted not later
than 60 days after the date
[[Page H9427]]
of the submittal to Congress of the budget of the President
for the succeeding fiscal year pursuant to section 1105 of
title 31, United States Code.
(3) Recommendation.--In the case of the report required to
be submitted under paragraph (1) during fiscal year 2020, the
report shall include the recommendation of the Secretary of
Defense and the military departments regarding whether the
authority under subsection (a) should be made permanent.
(f) Sunset.--The authority under subsection (a) shall
expire on October 1, 2024.
SEC. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY
AT MILITARY INSTALLATIONS.
(a) Report.--
(1) Report required.--Not later than September 1, 2020, the
Under Secretary of Defense for Acquisition and Sustainment,
in conjunction with the assistant secretaries responsible for
installations and environment for the military departments
and the Defense Logistics Agency, shall submit to the
congressional defense committees a report detailing the
efforts to achieve cost savings at military installations
with high energy intensity.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A comprehensive, installation-specific assessment of
feasible and mission-appropriate energy initiatives
supporting energy production and consumption at military
installations with high energy intensity.
(B) An assessment of current sources of energy in areas
with high energy intensity and potential future sources that
are technologically feasible, cost-effective, and mission-
appropriate for military installations.
(C) A comprehensive implementation strategy to include
required investment for feasible energy efficiency options
determined to be the most beneficial and cost-effective,
where appropriate, and consistent with priorities of the
Department of Defense.
(D) An explanation on how the military departments are
working collaboratively in order to leverage lessons learned
on potential energy efficiency solutions.
(E) An assessment of the extent to which activities
administered under the Federal Energy Management Program of
the Department of Energy could be used to assist with the
implementation strategy under subparagraph (C).
(F) An assessment of State and local partnership
opportunities that could achieve efficiency and cost savings,
and any legislative authorities required to carry out such
partnerships or agreements.
(3) Coordination with state, local, and other entities.--In
preparing the report required under paragraph (1), the Under
Secretary of Defense for Acquisition and Sustainment may work
in conjunction and coordinate with the States containing
areas of high energy intensity, local communities, and other
Federal agencies.
(b) Definition.--In this section, the term ``high energy
intensity'' means costs for the provision of energy by
kilowatt of electricity or British Thermal Unit of heat or
steam for a military installation in the United States that
is in the highest 20 percent of all military installations
for a military department.
Subtitle C--Treatment of Contaminated Water Near Military Installations
SEC. 341. SHORT TITLE.
This subtitle may be cited as the ``Prompt and Fast Action
to Stop Damages Act of 2019''.
SEC. 342. DEFINITIONS.
In this subtitle:
(1) PFOA.--The term ``PFOA'' means perfluorooctanoic acid.
(2) PFOS.--The term ``PFOS'' means perfluorooctane
sulfonate.
SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH
PERFLUOROOCTANOIC ACID (PFOA) AND
PERFLUOROOCTANE SULFONATE (PFOS) FOR
AGRICULTURAL PURPOSES.
(a) Authority.--
(1) In general.--Using amounts authorized to be
appropriated or otherwise made available for operation and
maintenance for the military department concerned, or for
operation and maintenance Defense-wide in the case of the
Secretary of Defense, the Secretary concerned may provide
water sources uncontaminated with perfluoroalkyl and
polyfluoroalkyl substances, including PFOA and PFOS, or
treatment of contaminated waters, for agricultural purposes
used to produce products destined for human consumption in an
area in which a water source has been determined pursuant to
paragraph (2) to be contaminated with such compounds by
reason of activities on a military installation under the
jurisdiction of the Secretary concerned.
(2) Applicable standard.--For purposes of paragraph (1), an
area is determined to be contaminated with PFOA or PFOS if--
(A) the level of contamination is above the Lifetime Health
Advisory for contamination with such compounds issued by the
Environmental Protection Agency and printed in the Federal
Register on May 25, 2016; or
(B) on or after the date the Food and Drug Administration
sets a standard for PFOA and PFOS in raw agricultural
commodities and milk, the level of contamination is above
such standard.
(b) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means the following:
(1) The Secretary of the Army, with respect to the Army.
(2) The Secretary of the Navy, with respect to the Navy,
the Marine Corps, and the Coast Guard (when it is operating
as a service in the Navy).
(3) The Secretary of the Air Force, with respect to the Air
Force.
(4) The Secretary of Defense, with respect to the Defense
Agencies.
SEC. 344. ACQUISITION OF REAL PROPERTY BY AIR FORCE.
(a) Authority.--
(1) In general.--The Secretary of the Air Force may acquire
one or more parcels of real property within the vicinity of
an Air Force base that has shown signs of contamination from
PFOA and PFOS due to activities on the base and which would
extend the contiguous geographic footprint of the base and
increase the force protection standoff near critical
infrastructure and runways.
(2) Improvements and personal property.--The authority
under paragraph (1) to acquire real property described in
that paragraph shall include the authority to purchase
improvements and personal property located on that real
property.
(3) Relocation expenses.--The authority under paragraph (1)
to acquire real property described in that paragraph shall
include the authority to provide Federal financial assistance
for moving costs, relocation benefits, and other expenses
incurred in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(b) Environmental Activities.--The Air Force shall conduct
such activities at a parcel or parcels of real property
acquired under subsection (a) as are necessary to remediate
contamination from PFOA and PFOS related to activities at the
Air Force base.
(c) Funding.--Funds for the land acquisitions authorized
under subsection (a) shall be derived from amounts authorized
to be appropriated for fiscal year 2020 for military
construction or the unobligated balances of appropriations
for military construction that are enacted after the date of
the enactment of this Act.
(d) Rule of Construction.--The authority under this section
constitutes authority to carry out land acquisitions for
purposes of section 2802 of title 10, United States Code.
SEC. 345. REMEDIATION PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a remediation plan for cleanup of all
water at or adjacent to a military installation that is
contaminated with PFOA or PFOS.
(b) Study.--In preparing the remediation plan under
subsection (a), the Secretary shall conduct a study on the
contamination of water at military installations with PFOA or
PFOS.
(c) Budget Amount.--The Secretary shall ensure that each
budget of the President submitted to Congress under section
1105(a) of title 31, United States Code, requests funding in
amounts necessary to address remediation efforts under the
remediation plan submitted under subsection (a).
Subtitle D--Logistics and Sustainment
SEC. 351. MATERIEL READINESS METRICS AND OBJECTIVES.
(a) Annual Report on Major Weapons Systems Sustainment.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by inserting after section 117 the following new
section:
``Sec. 118. Annual report on major weapons systems
sustainment
``Not later than five days after the date on which the
Secretary of Defense submits to Congress the materials in
support of the budget of the President for a fiscal year, the
Secretary of Defense shall submit to the congressional
defense committees an annual report on major weapons systems
sustainment for the period covered by the future years
defense program specified by section 221 of this title. Such
report shall include--
``(1) an assessment of the materiel availability, materiel
reliability, and mean down time metrics for each major
weapons system;
``(2) a detailed explanation of any factors that could
preclude the Department of Defense or any of the military
departments from meeting applicable readiness goals or
objectives; and
``(3) an assessment of the validity and effectiveness of
the definitions used to determine defense readiness,
including the terms `major weapons system', `covered asset',
`total and required inventory', `materiel and operational
availability', `materiel and operational capability',
`materiel and operational reliability'.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 117 the following new item:
``118. Annual report on major weapons systems sustainment.''.
(b) Assessment of Materiel Readiness and Weapons System
Sustainment.--
(1) Assessment required.--Not later than March 1, 2020, the
Secretary of Defense shall complete a comprehensive
assessment of the materiel readiness and weapons systems
sustainment of the Department of Defense across the
Department organic industrial base and industry partners.
(2) Contents.--The assessment required by paragraph (1)
shall include--
(A) an assessment of the overall readiness strategy of the
Department of Defense and the capability of such strategy to
measure, track, and assess the readiness of major weapons
systems;
(B) an assessment of the use of objectives and metrics;
(C) a description of applicable reporting requirements; and
(D) applicable definitions and common usage of relevant
terms, including the terms ``major
[[Page H9428]]
weapons system'', ``covered asset'', ``total and required
inventory'', ``materiel and operational availability'',
``materiel and operational capability'', ``materiel and
operational reliability'', and ``maintenance costs''.
(3) Submission to congress.--The Secretary shall provide to
the congressional defense committees--
(A) a briefing on the assessment required by paragraph (1)
by not later than March 1, 2020; and
(B) a final report on such assessment by not later than
April 1, 2020.
SEC. 352. CLARIFICATION OF AUTHORITY REGARDING USE OF
WORKING-CAPITAL FUNDS FOR UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS RELATED TO
REVITALIZATION AND RECAPITALIZATION OF DEFENSE
INDUSTRIAL BASE FACILITIES.
Section 2208(u) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``carry out'' and
inserting ``fund'';
(2) in paragraph (2)--
(A) by striking ``Section 2805'' and inserting ``(A) Except
as provided in subparagraph (B), section 2805'';
(B) by striking ``carried out with'' and inserting ``funded
using''; and
(C) by adding at the end the following new subparagraph:
``(B) For purposes of applying subparagraph (A), the dollar
limitation specified in subsection (a)(2) of section 2805 of
this title, subject to adjustment as provided in subsection
(f) of such section, shall apply rather than the dollar
limitation specified in subsection (c) of such section.'';
and
(3) in paragraph (4), by striking ``carry out'' and
inserting ``fund''.
SEC. 353. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS
FORWARD DEPLOYMENT OF NAVAL VESSELS.
Section 323 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Extension of Limitation on Length of Overseas Forward
Deployment for U.S.S. Shiloh (CG-67).--Notwithstanding
subsection (b), the Secretary of the Navy shall ensure that
the U.S.S. Shiloh (CG-67) is assigned a homeport in the
United States by not later than September 30, 2023.''.
SEC. 354. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION
AUTHORITY FOR ARSENALS, DEPOTS, AND PLANTS.
Section 345(d) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2667 note)
is amended by striking ``September 30, 2020'' and inserting
``September 30, 2025''.
SEC. 355. F-35 JOINT STRIKE FIGHTER SUSTAINMENT.
(a) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated or otherwise made available in this Act
for the Office of the Under Secretary of Defense for
Acquisition and Sustainment for fiscal year 2020, not more
than 75 percent may be obligated or expended until the date
on which the Under Secretary submits the report required by
subsection (b).
(b) Report Required.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on steps being taken to improve the availability and
accountability of F-35 parts within the supply chain. At a
minimum, the report shall include a detailed plan for each of
the following elements:
(1) How the accountable property system of record will be
updated with information from the prime contractors supplying
such parts on required cost and related data with respect to
the parts and how the F-35 Program Office will ensure such
contractors are adhering to contractual requirements for the
management, reporting, visibility, and accountability of all
such parts supplied by the prime contractors.
(2) How the accountability property system of record will
have interfaces that allow the F-35 Program Office and other
authorized entities to have proper accountability of assets
in accordance with applicable Department of Defense
Instructions, Department of Defense Manuals, and other
applicable regulations.
(3) How the F-35 Program Office, in coordination with the
military departments, will ensure business rules for the
prioritization of F-35 parts across all program participants
are sufficient, effective, and responsive.
(4) Steps being taken to ensure parts within the base,
afloat, and deployment spares packages are compatible for
deploying F-35 aircraft and account for updated parts demand.
SEC. 356. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED
MATERIEL AND EQUIPMENT.
Not later than March 1, 2020, the Assistant Secretary of
Defense for Sustainment, in coordination with the Joint
Staff, shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the
implementation plan for prepositioned materiel and equipment
required by section 321(b) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 730; 10 U.S.C. 2229 note). Such report shall
include each of the following:
(1) A comprehensive list of the prepositioned materiel and
equipment programs of the Department of Defense.
(2) A detailed description of how the plan will be
implemented.
(3) A description of the resources required to implement
the plan, including the amount of funds and personnel.
(4) A description of how the plan will be reviewed and
assessed to monitor progress.
(5) Guidance on applying a consistent definition of
prepositioning across the Department, including the military
departments, the combatant commands, and the Defense
Agencies.
(6) A detailed description of how the Secretary will
implement a joint oversight approach of the prepositioning
programs of the military departments.
SEC. 357. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN
CRITICAL SHIPBUILDING SKILLS.
(a) Establishment.--The Secretary of the Navy may carry out
a pilot program to train individuals to become skilled
technicians in critical shipbuilding skills such as welding,
metrology, quality assurance, machining, and additive
manufacturing.
(b) Partnerships.--In carrying out the pilot program under
this section, the Secretary may partner with existing Federal
or State projects relating to investment and infrastructure
in training and education or workforce development, such as
the National Network for Manufacturing Innovation, the
Industrial Base Analysis and Sustainment program of the
Department of Defense, and the National Maritime Educational
Council.
(c) Termination.--The authority to carry out a pilot
program under this section shall terminate on September 30,
2025.
(d) Briefings.--If the Secretary carries out a pilot
program under this section, the Secretary shall provide
briefings to the Committees on Armed Services of the Senate
and the House of Representatives as follows:
(1) Not later than 30 days before beginning to implement
the pilot program, the Secretary shall provide a briefing on
the plan, cost estimate, and schedule for the pilot program.
(2) Not less frequently than annually during the period
when the pilot program is carried out, the Secretary shall
provide briefings on the progress of the Secretary in
carrying out the pilot program.
SEC. 358. REQUIREMENT FOR MILITARY DEPARTMENT INTER-SERVICE
DEPOT MAINTENANCE.
(a) Joint Process for Technical Compliance and Quality
Control.--If the Secretary of a military department transfers
any maintenance action on a platform to a depot under the
jurisdiction of the Secretary of another military department,
the two Secretaries shall develop and implement a process to
ensure the technical compliance and quality control for the
work performed.
(b) Requirements.--A process developed under subsection (a)
shall include the following requirements--
(1) The Secretary of the military department with
jurisdiction over the depot to which the maintenance action
is transferred shall--
(A) ensure that the technical specifications, requirements,
and standards for work to be performed are provided to such
action or depot; and
(B) implement procedures to ensure that completed work
complies with such specifications, requirements and
standards.
(2) The Secretary who transfers the maintenance activity or
depot shall ensure that--
(A) the technical specifications and requirements are
clearly understood; and
(B) the work performed is completed to the technical
specifications, requirements, and standards prescribed under
paragraph (1), and that the Secretary of the military
department with jurisdiction over the depot is informed of
any shortcoming or discrepancy.
(c) Reports.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report containing a certification that
sufficient policy and procedures are in place to ensure
quality control when the depot or maintenance activities of
one military department support another. The report shall
include a description of known shortfalls in existing
policies and procedures and actions the Department of Defense
is taking to address such shortfalls.
SEC. 359. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN
DEPOTS OF THE DEPARTMENT OF DEFENSE.
(a) Strategy Required.--Not later than October 1, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a comprehensive strategy for improving the
depot infrastructure of the military departments with the
objective of ensuring that all covered depots have the
capacity and capability to support the readiness and material
availability goals of current and future weapon systems of
the Department of Defense.
(b) Elements.--The strategy under subsection (a) shall
include the following:
(1) A comprehensive review of the conditions and
performance at each covered depot, including the following:
(A) An assessment of the current status of the following
elements:
(i) Cost and schedule performance of the depot.
(ii) Material availability of weapon systems supported at
the depot and the impact of the performance of the depot on
that availability.
(iii) Work in progress and non-operational items awaiting
depot maintenance.
(iv) The condition of the depot.
(v) The backlog of restoration and modernization projects
at the depot.
(vi) The condition of equipment at the depot.
(vii) the vulnerability of the depot to adverse
environmental conditions and, if necessary, the investment
required to withstand those conditions.
(B) An identification of analytically based goals relating
to the elements identified in subparagraph (A).
[[Page H9429]]
(2) A business-case analysis that assesses investment
alternatives comparing cost, performance, risk, and readiness
outcomes and recommends an optimal investment approach across
the Department of Defense to ensure covered depots
efficiently and effectively meet the readiness goals of the
Department, including an assessment of the following
alternatives:
(A) The minimum investment necessary to meet investment
requirements under section 2476 of title 10, United States
Code.
(B) The investment necessary to ensure the current
inventory of facilities at covered depots can meet the
mission-capable, readiness, and contingency goals of the
Secretary of Defense.
(C) The investment necessary to execute the depot
infrastructure optimization plans of each military
department.
(D) Any other strategies for investment in covered depots,
as identified by the Secretary.
(3) A plan to improve conditions and performance of covered
depots that identifies the following:
(A) The approach of the Secretary of Defense for achieving
the goals outlined in paragraph (1)(B).
(B) The resources and investments required to implement the
plan.
(C) The activities and milestones required to implement the
plan.
(D) A results-oriented approach to assess--
(i) the progress of each military department in achieving
such goals; and
(ii) the progress of the Department in implementing the
plan.
(E) Organizational roles and responsibilities for
implementing the plan.
(F) A process for conducting regular management review and
coordination of the progress of each military department in
implementing the plan and achieving such goals.
(G) The extent to which the Secretary has addressed
recommendations made by the Comptroller General of the United
States relating to depot operations during the five-year
period preceding the date of submittal of the strategy under
this section.
(H) Risks to implementing the plan and mitigation
strategies to address those risks.
(c) Annual Report on Progress.--As part of the annual
budget submission of the President under section 1105(a) of
title 31, United States Code, the Secretary of Defense shall
submit to the congressional defense committees a report
describing the progress made in--
(1) implementing the strategy under subsection (a); and
(2) achieving the goals outlined in subsection (b)(1)(B).
(d) Comptroller General Reports.--
(1) Assessment of strategy.--Not later than January 1,
2021, the Comptroller General of the United States shall
submit to the congressional defense committees a report
assessing the extent to which the strategy under subsection
(a) meets the requirements of this section.
(2) Assessment of implementation.--Not later than April 1,
2022, the Comptroller General shall submit to the
congressional defense committees a report setting forth an
assessment of the extent to which the strategy under
subsection (a) has been effectively implemented by each
military department and the Secretary of Defense.
(e) Covered Depot Defined.--In this section, the term
``covered depot'' has the meaning given that term in section
2476(e) of title 10, United States Code.
Subtitle E--Reports
SEC. 361. READINESS REPORTING.
(a) Readiness Reporting System.--Section 117 of title 10,
United States Code, is amended--
(1) by striking subsections (d) through (g); and
(2) by redesignating subsection (h) as subsection (d).
(b) Quarterly Reports.--Section 482 of title 10, United
States Code, is amended--
(1) in the section heading, by striking ``Quarterly
reports: personnel and unit readiness'' and inserting
``Readiness reports'';
(2) in subsection (a)--
(A) In the subsection heading, by striking ``Quarterly
Reports Required'' and inserting ``Reports and Briefings'';
(B) In the first sentence--
(i) by striking ``Not later'' and inserting ``(1) Not
later''; and
(ii) by striking ``each calendar-year quarter'' and
inserting ``the second and fourth quarter of each calendar
year'';
(C) by striking the second and third sentences and
inserting ``The Secretary of Defense shall submit each such
report in writing and shall also submit a copy of each such
report to the Chairman of the Joint Chiefs of Staff.''; and
(D) by adding at the end the following new paragraphs:
``(2) Not later than 30 days after the end of the first and
third quarter of each calendar year, the Secretary of Defense
shall provide to Congress a briefing regarding the military
readiness of the active and reserve components.
``(3) Each report under this subsection shall contain the
elements required by subsection (b) for the quarter covered
by the report, and each briefing shall address any changes to
the elements described in subsection (b) since the submittal
of the most recently submitted report.'';
(3) by striking subsection (b) and inserting the following:
``(b) Required Elements.--The elements described in this
subsection are each of the following:
``(1) A description of each readiness problem or deficiency
that affects the ground, sea, air, space, cyber, or special
operations forces, and any other area determined appropriate
by the Secretary of Defense.
``(2) The key contributing factors, indicators, and other
relevant information related to each identified problem or
deficiency.
``(3) The short-term mitigation strategy the Department
will employ to address each readiness problem or deficiency
until a resolution is in place, as well as the timeline,
cost, and any legislative remedies required to support the
resolution.
``(4) A summary of combat readiness ratings for the key
force elements assessed, including specific information on
personnel, supply, equipment, and training problems or
deficiencies that affect the combat readiness ratings for
each force element.
``(5) A summary of each upgrade or downgrade of the combat
readiness of a unit that was issued by the commander of the
unit, together with the rationale of the commander for the
issuance of such upgrade or downgrade.
``(6) A summary of the readiness of supporting
capabilities, including infrastructure, prepositioned
equipment and supplies, and mobility assets, and other
supporting logistics capabilities.
``(7) A summary of the readiness of the combat support and
related agencies, any readiness problem or deficiency
affecting any mission essential tasks of any such agency, and
actions recommended to address any such problem or
deficiency.
``(8) A list of all Class A, Class B, and Class C mishaps
that occurred in operations related to combat support and
training events involving aviation, ground, or naval
platforms, weapons, space, or Government vehicles, as defined
by Department of Defense Instruction 6055.07, or a successor
instruction.
``(9) Information on the extent to which units of the armed
forces have removed serviceable parts, supplies, or equipment
from one vehicle, vessel, or aircraft in order to render a
different vehicle, vessel, or aircraft operational.
``(10) Such other information as determined necessary or
appropriate by the Secretary of Defense.'';
(4) by striking subsections (d) through (h) and subsection
(j);
(5) by redesignating subsection (i) as subsection (e); and
(6) by inserting after subsection (c) the following new
subsections (d):
``(d) Semi-Annual Joint Force Readiness Review.--(1) Not
later than 30 days after the last day of the first and third
quarter of each calendar year, the Chairman of the Joint
Chiefs of Staff shall submit to Congress a written report on
the capability of the armed forces, the combat support and
related agencies, operational contract support, and the
geographic and functional combatant commands to execute their
wartime missions based upon their posture and readiness as of
the time the review is conducted.
``(2) The Chairman shall produce the report required under
this subsection using information derived from the quarterly
reports required by subsection (a).
``(3) Each report required by this subsection shall include
an assessment by each commander of a geographic or functional
combatant command of the readiness of the command to conduct
operations in a multidomain battle that integrates ground,
sea, air, space, cyber, and special operations forces.
``(4) The Chairman shall submit to the Secretary of Defense
a copy of each report under this subsection.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 482 and inserting the following
new item:
``482. Readiness reports.''.
SEC. 362. TECHNICAL CORRECTION TO DEADLINE FOR TRANSITION TO
DEFENSE READINESS REPORTING SYSTEM STRATEGIC.
Section 358(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``October 1, 2019'' and inserting
``October 1, 2020''.
SEC. 363. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET.
(a) In General.--Not later than March 1 of each of 2020,
2021, and 2022, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the Operation and Maintenance,
Ship Depot Maintenance budget sub-activity group.
(b) Elements.--The report required under subsection (a)
shall include each of the following elements:
(1) A breakdown of funding, categorized by class of ship,
requested for ship and submarine maintenance.
(2) A description of how the requested funding, categorized
by class of ship, compares to the identified ship maintenance
requirement.
(3) The amount of funds appropriated for each class of ship
for the preceding fiscal year.
(4) The amount of funds obligated and expended for each
class of ship for each of the three preceding fiscal years.
(5) The cost, categorized by class of ship, of unplanned
growth work for each of the three preceding fiscal years.
SEC. 364. REPORT ON RUNIT DOME.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Energy
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the status of
the Runit Dome in the Marshal Islands.
(b) Matters for Inclusion.--The report required by
subsection (a) shall include each of the following:
(1) A detailed plan to repair the dome to ensure that it
does not have any harmful effects to the local population,
environment, or wildlife, including the projected costs of
implementing such plan.
(2) The effects on the environment that the dome has
currently and is projected to have in 5 years, 10 years, and
20 years.
[[Page H9430]]
(3) An assessment of the current condition of the outer
constructs of the dome.
(4) An assessment of the current and long-term safety to
local humans posed by the site.
(5) An assessment of how rising sea levels might affect the
dome.
(6) A summary of interactions between the Government of the
United States and the government of the Marshall Islands
about the dome.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form and made publicly
available.
SEC. 365. PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS OF
UNIT RATINGS IN MONTHLY READINESS REPORTING ON
MILITARY UNITS.
(a) In General.--The Chairman of the Joint Chiefs of Staff
shall modify Chairman of the Joint Chiefs of Staff
Instruction (CJCSI) 3401.02B, on Force Readiness Reporting,
to prohibit the commander of a military unit who is
responsible for monthly reporting of the readiness of the
unit under the instruction from making any upgrade of the
overall rating of the unit (commonly referred to as the ``C-
rating'') for such reporting purposes based in whole or in
part on subjective factors.
(b) Waiver.--
(1) In general.--The modification required by subsection
(a) shall authorize an officer in a general or flag officer
grade in the chain of command of a commander described in
that subsection to waive the prohibition described in that
subsection in connection with readiness reporting on the unit
concerned if the officer considers the waiver appropriate in
the circumstances.
(2) Reporting on waivers.--Each report on personnel and
unit readiness submitted to Congress for a calendar year
quarter pursuant to section 482 of title 10, United States
Code, shall include information on each waiver, if any,
issued pursuant to paragraph (1) during such calendar year
quarter.
SEC. 366. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PROFICIENCY
IN READINESS REPORTING SYSTEMS OF DEPARTMENT OF
DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of each
military department shall include in the Global Readiness and
Force Management Enterprise, for the appropriate billets with
relevant foreign language requirements, measures of foreign
language proficiency as a mandatory element of unit readiness
reporting, to include the Defense Readiness Reporting
Systems-Strategic (DRRS-S) and all other subordinate systems
that report readiness data.
Subtitle F--Other Matters
SEC. 371. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING
ROUTES AND MILITARY OPERATIONS AREAS.
Section 183a of title 10, United States Code, is amended--
(1) in subsection (c)(6), in the second sentence--
(A) by striking ``radar or airport surveillance radar
operated'' and inserting ``radar, airport surveillance radar,
or wide area surveillance over-the-horizon radar operated'';
and
(B) by inserting ``Any setback for a project pursuant to
the previous sentence shall not be more than what is
determined to be necessary by a technical analysis conducted
by the Lincoln Laboratory at the Massachusetts Institute of
Technology or any successor entity.'' after ``mitigation
options.'';
(2) in subsection (d)--
(A) in paragraph (2)(E), by striking ``to a Deputy
Secretary of Defense, an Under Secretary of Defense, or a
Principal Deputy Under Secretary of Defense'' and inserting
``to the Deputy Secretary of Defense, an Under Secretary of
Defense, or a Deputy Under Secretary of Defense'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The governor of a State may recommend to the
Secretary of Defense additional geographical areas of concern
within that State. Any such recommendation shall be submitted
for notice and comment pursuant to paragraph (2)(C).'';
(3) in subsection (e)(3), by striking ``an under secretary
of defense, or a deputy under secretary of defense'' and
inserting ``an Under Secretary of Defense, or a Deputy Under
Secretary of Defense'';
(4) in subsection (f), in the first sentence, by striking
``from an applicant for a project filed with the Secretary of
Transportation pursuant to section 44718 of title 49'' and
inserting ``from an entity requesting a review by the
Clearinghouse under this section''; and
(5) in subsection (h)--
(A) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (9), respectively;
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The term `governor', with respect to a State, means
the chief executive officer of the State.'';
(C) in paragraph (7), as redesignated by subparagraph (A),
by striking ``by the Federal Aviation Administration'' and
inserting ``by the Administrator of the Federal Aviation
Administration''; and
(D) by inserting after paragraph (7), as redesignated by
subparagraph (A), the following new paragraph:
``(8) The term `State' means the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, the
United States Virgin Islands, and American Samoa.''.
SEC. 372. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON
TRANSFER AND ADOPTION OF MILITARY ANIMALS.
(a) Transfer and Adoption Generally.--Section 2583 of title
10, United States Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``Transfer or''
before ``Adoption''; and
(B) by striking ``adoption'' each place it appears and
inserting ``transfer or adoption'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``Transfer or''
before ``Adoption''; and
(B) in the first sentence, by striking ``adoption'' and
inserting ``transfer or adoption''; and
(C) in the second sentence, striking ``adoptability'' and
inserting ``transferability or adoptability'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``transfer or'' before ``adoption''; and
(ii) by inserting ``, by'' after ``recommended priority'';
(B) in subparagraphs (A) and (B), by inserting ``adoption''
before ``by'';
(C) in subparagraph (B), by inserting ``or organizations''
after ``persons''; and
(D) in subparagraph (C), by striking ``by'' and inserting
``transfer to''; and
(4) in subsection (e)--
(A) in the subsection heading, by inserting ``or
Adopted''after ``Transferred'';
(B) in paragraphs (1) and (2), by striking ``transferred''
each place it appears and inserting ``transferred or
adopted''; and
(C) in paragraph (2), by striking ``transfer'' each place
it appears and inserting ``transfer or adoption''.
(b) Veterinary Screening and Care for Military Working Dogs
to Be Retired.--Such section is further amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Veterinary Screening and Care for Military Working
Dogs To Be Retired.--(1)(A) If the Secretary of the military
department concerned determines that a military working dog
should be retired, such Secretary shall transport the dog to
the Veterinary Treatment Facility at Lackland Air Force Base,
Texas.
``(B) In the case of a contract working dog to be retired,
transportation required by subparagraph (A) is satisfied by
the transfer of the dog to the 341st Training Squadron at the
end of the dog's service life as required by section 2410r of
this title and assignment of the dog to the Veterinary
Treatment Facility referred to in that subparagraph.
``(2)(A) The Secretary of Defense shall ensure that each
dog transported as described in paragraph (1) to the
Veterinary Treatment Facility referred to in that paragraph
is provided with a full veterinary screening, and necessary
veterinary care (including surgery for any mental, dental, or
stress-related illness), before transportation of the dog in
accordance with subsection (g).
``(B) For purposes of this paragraph, stress-related
illness includes illness in connection with post-traumatic
stress, anxiety that manifests in a physical ailment,
obsessive compulsive behavior, and any other stress-related
ailment.
``(3) Transportation is not required under paragraph (1),
and screening and care is not required under paragraph (2),
for a military working dog located outside the United States
if the Secretary of the military department concerned
determines that transportation of the dog to the United
States would not be in the best interests of the dog for
medical reasons.''.
(c) Coordination of Screening and Care Requirements With
Transportation Requirements.--Subsection (g) of such section,
as redesignated by subsection (b)(1) of this section, is
amended to read as follows:
``(g) Transportation of Retiring Military Working Dogs.--
Upon completion of veterinary screening and care for a
military working dog to be retired pursuant to subsection
(f), the Secretary of the military department concerned
shall--
``(1) if the dog was at a location outside the United
States immediately prior to transportation for such screening
and care and a United States citizen or member of the armed
forces living abroad agrees to adopt the dog, transport the
dog to such location for adoption; or
``(2) for any other dog, transport the dog--
``(A) to the 341st Training Squadron;
``(B) to another location within the United States for
transfer or adoption under this section.''.
(d) Preservation of Policy on Transfer of Military Working
Dogs to Law Enforcement Agencies.--Subsection (h) of such
section, as so redesignated, is amended in paragraph (3) by
striking ``adoption of military working dogs'' and all that
follows through the period at the end and inserting
``transfer of military working dogs to law enforcement
agencies before the end of the dogs' useful working lives.''.
(e) Clarification of Horses Treatable as Military
Animals.--Subsection (i) of such section, as so redesignated,
is amended by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) An equid (horse, mule, or donkey) owned by the
Department of Defense.''.
(f) Contract Term for Contract Working Dogs.--Section
2410r(a) of title 10, United States Code, is amended--
(1) by inserting ``, and shall contain a contract term,''
after ``shall require'';
(2) by inserting ``and assigned for veterinary screening
and care in accordance with section 2583 of this title''
after ``341st Training Squadron''; and
(3) by striking ``section 2583 of this title'' and
inserting ``such section''.
[[Page H9431]]
SEC. 373. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO
USE DEPARTMENT OF DEFENSE REIMBURSEMENT RATE
FOR TRANSPORTATION SERVICES PROVIDED TO CERTAIN
NON-DEPARTMENT OF DEFENSE ENTITIES.
Section 2642(b) of title 10, United States Code, is amended
by striking ``October 1, 2019'' and inserting ``October 1,
2024''.
SEC. 374. EXTENSION OF AUTHORITY OF SECRETARY OF
TRANSPORTATION TO ISSUE NON-PREMIUM AVIATION
INSURANCE.
Section 44310(b) of title 49, United States Code, is
amended by striking ``December 31, 2019'' and inserting
``September 30, 2023''.
SEC. 375. DEFENSE PERSONAL PROPERTY PROGRAM.
(a) Report on Personal Property Program Improvement Action
Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Under Secretary of
Defense for Personnel and Readiness shall jointly submit to
the congressional defense committees a report on
implementation of the Personal Property Program Improvement
Action Plan that was developed by the Personnel Relocation/
Household Goods Movement Cross-Functional Team.
(2) Contents of report.--The report required under
paragraph (1) shall include updated information on the
efforts of the Department of Defense to--
(A) integrate permanent-change-of-station orders with
transportation systems;
(B) reduce the number of report dates during peak moving
season;
(C) synchronize the communication of information about
orders to all parties involved, including industry;
(D) improve lead time for permanent-change-of-station
orders;
(E) meet quality assurance inspection standards;
(F) improve the claims review process; and
(G) incorporate predictive analytics to anticipate
potentially problematic shipments.
(3) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Assistant Secretary of
Defense for Personnel and Readiness shall jointly provide to
the congressional defense committees a briefing on the report
required under this subsection.
(b) Business Case Analysis.--Not later than 30 days after
the date of the enactment of this Act, the Commander of
United States Transportation Command shall submit to the
congressional defense committees a business case analysis for
the proposed award of a global household goods contract for
the defense personal property program.
(c) GAO Report.--Not later than 30 days after the date on
which the Commander of United States Transportation Command
submits the business case analysis required by subsection
(b), the Comptroller General of the United States shall
submit to the congressional defense committees a report on a
comprehensive study conducted by the Comptroller General that
includes--
(1) an analysis of the effects that the outsourcing of the
management and oversight of the movement of household goods
to a private entity or entities would have on members of the
Armed Forces and their families;
(2) a comprehensive cost-benefit analysis; and
(3) recommendations for changes to the strategy of the
Department of Defense for the defense personal property
program.
(d) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2020 may be used to
enter into a global household goods contract until April 1,
2020.
(e) Definitions.--In this section:
(1) The term ``global household goods contract'' means the
solicitation managed by United States Transportation Command
to engage a private entity to manage the defense personal
property program.
(2) The term ``defense personal property program'' means
the Department of Defense program used to manage the shipment
of the baggage and household effects of members of the Armed
Forces under section 476 of title 37, United States Code.
SEC. 376. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE
FACILITY.
(a) Requirement.--At least once every calendar quarter, the
Secretary of the Navy, or the designee of the Secretary,
shall hold an event that is open to the public at which the
Secretary shall provide up-to-date information about the Red
Hill Bulk Fuel Storage Facility.
(b) Termination.--The requirement to hold events under
subsection (a) shall terminate on the earlier of the
following dates:
(1) September 30, 2025.
(2) The date on which the Red Hill Bulk Fuel Storage
Facility ceases operation.
SEC. 377. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS
TRAINING PROGRAM.
It is the sense of Congress that--
(1) the Innovative Readiness Training program is an
effective training program for members of the Armed Forces
and is highly beneficial to civilian-military relationships
with local American communities;
(2) due to the geographic complexities and realities of
non-contiguous States and territories, Innovative Readiness
Training has lent greater benefit to such States and
territories while providing unique and realistic training
opportunities and deployment readiness for members of the
Armed Forces;
(3) the Department of Defense should pursue continued
Innovative Readiness Training opportunities, and, where
applicable, strongly encourage the use of Innovative
Readiness Training in non-contiguous States and territories;
and
(4) in considering whether to recommend a project, the
Secretary should consider the benefits of the project to the
economy of a region damaged by natural disasters.
SEC. 378. DETONATION CHAMBERS FOR EXPLOSIVE ORDNANCE
DISPOSAL.
(a) In General.--The Secretary of the Navy shall purchase
and operate a portable closed detonation chamber and water
jet cutting system to be deployed at a former naval
bombardment area located outside the continental United
States that is part of an active remediation program using
amounts made available for environmental restoration, Navy.
Upon a determination by the Secretary of the Navy that the
chamber has completed the mission of destroying appropriately
sized munitions at such former naval bombardment area, the
Secretary may deploy the chamber to another location.
(b) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2020 $10,000,000 to carry
out subsection (a).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 415. Authorized strengths for Marine Corps Reserves on active
duty.
Sec. 416. Modification of authorized strength of Air Force Reserve
serving on full-time reserve component duty for
administration of the reserves or the National Guard.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2020, as follows:
(1) The Army, 480,000.
(2) The Navy, 340,500.
(3) The Marine Corps, 186,200.
(4) The Air Force, 332,800.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 480,000.
``(2) For the Navy, 340,500.
``(3) For the Marine Corps, 186,200.
``(4) For the Air Force, 332,800.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2020, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,700.
(6) The Air Force Reserve, 70,100.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2020, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,155.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 22,637.
[[Page H9432]]
(6) The Air Force Reserve, 4,431.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The minimum number of military technicians
(dual status) as of the last day of fiscal year 2020 for the
reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code)
shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States,
13,569.
(4) For the Air Force Reserve, 8,938.
(b) Limitation.--Under no circumstances may a military
technician (dual status) employed under the authority of this
section be coerced by a State into accepting an offer of
realignment or conversion to any other military status,
including as a member of the Active, Guard, and Reserve
program of a reserve component. If a military technician
(dual status) declines to participate in such realignment or
conversion, no further action will be taken against the
individual or the individual's position.
(c) Adjustment of Authorized Strength.--
(1) In general.--If, at the end of fiscal year 2019, the
Air National Guard of the United States does not meet its
full-time support realignment goals for such fiscal year (as
presented in the justification materials of the Department of
Defense in support of the budget of the President for such
fiscal year under section 1105 of title 31, United States
Code), the authorized number of military technicians (dual
status) of the Air National Guard of the United States under
subsection (a)(3) shall be increased by the number equal to
the difference between--
(A) 3,190, which is the number of military technicians
(dual status) positions in the Air National Guard of the
United States sought to be converted to the Active, Guard,
and Reserve program of the Air National Guard during fiscal
year 2019; and
(B) the number of realigned positions achieved in the Air
National Guard by the end of fiscal year 2019.
(2) Limitation.--The increase under paragraph (1) in the
authorized number of military technician (dual status)
positions described in that paragraph may not exceed 2,292.
(3) Decrease in authorized number of angus reserves on
active duty in support of the reserves.--In the event of an
adjustment to the authorized number military technicians
(dual status) of the Air National Guard of the United States
under this subsection, the number of members of the Air
National Guard of the United States authorized by section
412(5) to be on active duty as of September 30, 2020, shall
be decreased by the number equal to the number of such
adjustment.
(d) Certification.--Not later than January 1, 2020, the
Chief of the National Guard Bureau shall certify to the
Committees on Armed Services of the Senate and House of
Representatives the number of positions realigned from a
military technician (dual status) position to a position in
the Active, Guard, and Reserve program of a reserve component
in fiscal year 2019.
(e) Definitions.--In subsections (b), (c), and (d):
(1) The term ``realigned position'' means any military
technician (dual status) position which has been converted or
realigned to a position in an Active, Guard, and Reserve
program of a reserve component under the full time support
rebalancing plan of the Armed Force concerned, regardless of
whether such position is encumbered.
(2) The term ``Active, Guard, and Reserve program'', in the
case of a reserve component, means the program of the reserve
component under which Reserves serve on full-time active duty
or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering,
recruiting, instructing, or training such reserve component.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2020, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES ON
ACTIVE DUTY.
(a) Officers.--Section 12011(a)(1) of title 10, United
States Code, is amended by striking those parts of the table
pertaining to the Marine Corps Reserve and inserting the
following:
``Marine Corps Reserve:
1,000......................... 99 63 20
1,200......................... 103 67 21
1,300......................... 107 70 22
1,400......................... 111 73 23
1,500......................... 114 76 24
1,600......................... 117 79 25
1,700......................... 120 82 26
1,800......................... 123 85 27
1,900......................... 126 88 28
2,000......................... 129 91 29
2,100......................... 132 94 30
2,200......................... 134 97 31
2,300......................... 136 100 32
2,400......................... 143 105 34
2,500......................... 149 109 35
2,600......................... 155 113 36
2,700......................... 161 118 37
2,800......................... 167 122 39
2,900......................... 173 126 41
3,000......................... 179 130 42''.
(c) Senior Enlisted Members.--Section 12012(a) of title 10,
United States Code, is amended by striking those parts of the
table pertaining to the Marine Corps Reserve and inserting
the following:
``Marine Corps Reserve:
1,100....................................... 50 11
1,200....................................... 55 12
1,300....................................... 60 13
1,400....................................... 65 14
1,500....................................... 70 15
1,600....................................... 75 16
1,700....................................... 80 17
1,800....................................... 85 18
1,900....................................... 89 19
2,000....................................... 93 20
2,100....................................... 96 21
2,200....................................... 99 22
2,300....................................... 101 23
2,400....................................... 106 24
2,500....................................... 112 25
2,600....................................... 116 26
2,700....................................... 121 27
[[Page H9433]]
2,800....................................... 125 28
2,900....................................... 130 29
3,000....................................... 134 30''.
SEC. 416. MODIFICATION OF AUTHORIZED STRENGTH OF AIR FORCE
RESERVE SERVING ON FULL-TIME RESERVE COMPONENT
DUTY FOR ADMINISTRATION OF THE RESERVES OR THE
NATIONAL GUARD.
(a) In General.--The table in section 12011(a)(1) of title
10, United States Code, is amended by striking the matter
relating to the Air Force Reserve and inserting the following
new matter:
``Air Force Reserve
1,000......................... 166 170 100
1,500......................... 245 251 143
2,000......................... 322 330 182
2,500......................... 396 406 216
3,000......................... 467 479 246
3,500......................... 536 550 271
4,000......................... 602 618 292
4,500......................... 665 683 308
5,000......................... 726 746 320
5,500......................... 784 806 325
6,000......................... 840 864 327
7,000......................... 962 990 347
8,000......................... 1,087 1,110 356
10,000........................ 1,322 1,362 395''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2019, and shall apply with
respect to fiscal years beginning on or after that date.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2020 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2020.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Maker of original appointments in a regular or reserve
component of commissioned officers previously subject to
original appointment in other type of component.
Sec. 502. Furnishing of adverse information on officers to promotion
selection boards.
Sec. 503. Limitation on number of officers recommendable for promotion
by promotion selection boards.
Sec. 504. Expansion of authority for continuation on active duty of
officers in certain military specialties and career
tracks.
Sec. 505. Management policies for joint qualified officers.
Sec. 506. Modification of authorities on management of deployments of
members of the Armed Forces and related unit operating
and personnel tempo matters.
Sec. 507. Personnel tempo of the Armed Forces and the United States
Special Operations Command during periods of
inapplicability of high-deployment limitations.
Sec. 508. Permanent authority to defer past age 64 the retirement of
chaplains in general and flag officer grades.
Sec. 509. Higher grade in retirement for officers following reopening
of determination or certification of retired grade.
Sec. 510. Authority of promotion boards to recommend that officers of
particular merit be placed higher on promotion list.
Sec. 510A. Availability on the internet of certain information about
officers serving in general or flag officer grades.
Sec. 510B. Functional badge or insignia upon commission for chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Modification of grade level threshold for Junior Reserve
Officers' Training Corps.
Sec. 512. Inclusion of STEM in courses of instruction for the Junior
Reserve Officers' Training Corps.
Sec. 513. Inclusion of homeschooled students in Junior Reserve
Officers' Training Corps units.
Sec. 514. Clarification of eligibility to serve as Commander, Marine
Forces Reserve.
Sec. 515. Extension and periodic evaluation of suicide prevention and
resilience program for the reserve components.
Sec. 516. Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve components.
Sec. 517. Modernization of inspection authorities applicable to the
National Guard.
Sec. 518. Consultation with Chief of the National Guard Bureau in the
appointment or designation of National Guard property and
fiscal officers.
Sec. 519. Coast Guard Junior Reserve Officers' Training Corps.
Sec. 520. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of
associated active duty units.
Sec. 520A. Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters.
Sec. 520B. Report and briefing on the Senior Reserve Officers' Training
Corps.
Sec. 520C. Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Advice and counsel of trauma experts in review by boards for
correction of military records and discharge review
boards of certain claims.
Sec. 522. Reduction in required number of members of discharge review
boards.
Sec. 523. Establishment of process to review a request for upgrade of
discharge or dismissal.
Sec. 524. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 525. Training of members of boards for correction of military
records and discharge review boards on sexual trauma,
intimate partner violence, spousal abuse, and related
matters.
Sec. 526. Time requirements for certification of honorable service.
Sec. 527. Correction of certain discharge characterizations.
Sec. 528. Development of guidelines for use of unofficial sources of
information to determine eligibility of members and
former members of the Armed Forces for decorations when
the service records are incomplete because of damage to
the official record.
Sec. 529. Strategic plan for diversity and inclusion.
Sec. 530. Study regarding screening individuals who seek to enlist in
the Armed Forces.
Sec. 530A. Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-
citizens.
Sec. 530B. Sense of Congress regarding accession physicals.
Subtitle D--Military Justice
Sec. 531. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of
efficiency in military justice.
Sec. 532. Command influence.
Sec. 533. Statute of limitations for certain offenses.
Sec. 534. Public access to dockets, filings, and court records of
courts-martial or other records of trial of the military
justice system.
[[Page H9434]]
Sec. 535. Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 536. Authority for return of personal property to victims of
sexual assault who file a Restricted Report before
conclusion of related proceedings.
Sec. 537. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 538. Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of
sexual assault.
Sec. 539. Increase in number of digital forensic examiners for certain
military criminal investigative organizations.
Sec. 540. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 540A. Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault
and collateral offenses.
Sec. 540B. Training for commanders in the Armed Forces on their role in
all stages of military justice in connection with sexual
assault.
Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540D. Department of Defense-wide policy and military department-
specific programs on reinvigoration of the prevention of
sexual assault involving members of the Armed Forces.
Sec. 540E. Recommendations on separate punitive article in the Uniform
Code of Military Justice on sexual harassment.
Sec. 540F. Report on military justice system involving alternative
authority for determining whether to prefer or refer
changes for felony offenses under the Uniform Code of
Military Justice.
Sec. 540G. Report on standardization among the military departments in
collection and presentation of information on matters
within the military justice system.
Sec. 540H. Report on expansion of Air Force safe to report policy
across the Armed Forces.
Sec. 540I. Assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 540J. Pilot programs on defense investigators in the military
justice system.
Sec. 540K. Report on preservation of recourse to restricted report on
sexual assault for victims of sexual assault following
certain victim or third-party communications.
Sec. 540L. Report on establishment of guardian ad litem program for
certain military dependents who are a victim or witness
of an offense under the Uniform Code of Military Justice
involving abuse or exploitation.
Sec. 540M. Comptroller General of the United States report on
implementation by the Armed Forces of recent statutory
requirements on sexual assault prevention and response in
the military.
Sec. 540N. Sense of Congress on the Port Chicago 50.
Subtitle E--Other Legal Matters
Sec. 541. Improvement of certain Special Victims' Counsel authorities.
Sec. 542. Availability of Special Victims' Counsel at military
installations.
Sec. 543. Notification of issuance of military protective order to
civilian law enforcement.
Sec. 544. Copyright protection for civilian faculty of certain
accredited institutions.
Sec. 545. Termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness
or die while in military service.
Sec. 546. Military orders required for termination of leases pursuant
to the Servicemembers Civil Relief Act.
Sec. 547. Preservation of right to bring class action under
Servicemembers Civil Relief Act.
Sec. 548. Legal counsel for victims of alleged domestic violence
offenses.
Sec. 549. Notice to victims of alleged sexual assault of pendency of
further administrative action following a determination
not to refer to trial by court-martial.
Sec. 550. Treatment of information in Catch a Serial Offender Program
for certain purposes.
Sec. 550A. Policies and procedures on registration at military
installations of civilian protective orders applicable to
members of the Armed Forces assigned to such
installations and certain other individuals.
Sec. 550B. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 550C. Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the military
installations to which assigned.
Sec. 550D. Enhancing the capability of military criminal investigative
organizations to prevent and combat child sexual
exploitation.
Sec. 550E. Feasibility study on establishment of database of military
protective orders.
Sec. 550F. GAO review of USERRA and SCRA.
Subtitle F--Member Education
Sec. 551. Authority for detail of certain enlisted members of the Armed
Forces as students at law schools.
Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE
Program.
Sec. 553. Degree granting authority for United States Army Armament
Graduate School; limitation on establishment of certain
educational institutions.
Sec. 554. Prohibition on off-duty employment for cadets and midshipmen
completing obligated service after graduation.
Sec. 555. Consideration of request for transfer of a cadet or
midshipman at a military service academy who is the
victim of a sexual assault or related offense.
Sec. 556. Redesignation of the Commandant of the United States Air
Force Institute of Technology as the Director and
Chancellor of such Institute.
Sec. 557. Eligibility of additional enlisted members for associate
degree programs of the Community College of the Air
Force.
Sec. 558. Speech disorders of cadets and midshipmen.
Sec. 559. Requirement to continue provision of tuition assistance for
members of the Armed Forces.
Sec. 560. Information on institutions of higher education participating
in the Department of Defense Tuition Assistance Program.
Sec. 560A. Inclusion of information on free credit monitoring in annual
financial literacy briefing.
Sec. 560B. Programs to facilitate the award of private pilot's
certificates.
Subtitle G--Member Training and Transition
Sec. 561. Requirement to provide information regarding benefits claims
to members during TAP counseling.
Sec. 562. Participation of other Federal agencies in the SkillBridge
apprenticeship and internship program for members of the
Armed Forces.
Sec. 563. First modification of elements of report on the improved
Transition Assistance Program.
Sec. 564. Second modification of elements of report on the improved
Transition Assistance Program.
Sec. 565. Prohibition on gender-segregated training at Marine Corps
Recruit Depots.
Sec. 566. Assessment of deaths of recruits under the jurisdiction of
the Secretaries of the military departments.
Sec. 567. Review of Department of Defense training programs regarding
disinformation campaigns.
Sec. 568. Command matters in connection with transition assistance
programs.
Sec. 569. Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty (DD
Form 214).
Sec. 570. Records of service for Reserves.
Sec. 570A. Limitations and requirements in connection with separations
for members of the Armed Forces who suffer from mental
health conditions in connection with a sex-related,
intimate partner violence-related, or spousal-abuse
offense.
Sec. 570B. Prohibition on involuntary separation of certain members of
the Armed Forces; consideration of military service in
removal determinations.
Sec. 570C. Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form 2648).
Sec. 570D. Counseling for members of the Armed Forces who are not
citizens of the United States on naturalization in the
United States.
Sec. 570E. Pilot program on information sharing between Department of
Defense and designated relatives and friends of members
of the Armed Forces regarding the experiences and
challenges of military service.
Sec. 570F. Connections of members retiring or separating from the Armed
Forces with community-based organizations and related
entities.
Sec. 570G. Pilot program regarding online application for the
Transition Assistance Program.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Authorizing members to take leave for a birth or adoption in
more than one increment.
Sec. 572. Deferred deployment for members who give birth.
Sec. 573. Authority of the Secretary concerned to transport remains of
a covered decedent to no more than two places selected by
the person designated to direct disposition of the
remains.
Sec. 574. Military funeral honors matters.
Sec. 575. Improvement of occupational license portability for relocated
spouses of members of the uniformed services.
Sec. 576. Continued eligibility for education and training
opportunities for spouses of promoted members.
Sec. 577. Modification to authority to reimburse for State licensure
and certification costs of a spouse of a servicemember
arising from relocation.
[[Page H9435]]
Sec. 578. Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance Program.
Sec. 579. Annual State report card.
Sec. 580. Improvements to child care for members of the Armed Forces.
Sec. 580A. Transportation of remains of casualties; travel expenses for
next of kin.
Sec. 580B. Meetings of officials of the Department of Defense with
representative groups of survivors of deceased members of
the Armed Forces.
Sec. 580C. Information and opportunities for registration for voting
and absentee ballot requests for members of the Armed
Forces undergoing deployment overseas.
Sec. 580D. Study on two-way military ballot barcode tracking.
Sec. 580E. Assistance to schools with military dependent students.
Sec. 580F. First expansion of the My Career Advancement Account program
for military spouses.
Sec. 580G. Second expansion of the My Career Advancement Account
program for military spouses.
Sec. 580H. Report on training and support available to military
spouses.
Sec. 580I. Ri'katak Guest Student Program at United States Army
Garrison-Kwajalein Atoll.
Subtitle I--Decorations and Awards
Sec. 581. Modification of authorities on eligibility for and
replacement of gold star lapel buttons.
Sec. 582. Standardization of honorable service requirement for award of
military decorations.
Sec. 583. Authorization for award of the Medal of Honor to John J.
Duffy for acts of valor in Vietnam.
Sec. 584. Review of World War I valor medals.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys.
Sec. 592. Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in military adaptive
sports programs.
Sec. 593. Questions in surveys regarding extremist activity in the
workplace.
Sec. 594. Study on best practices for providing financial literacy
education for separating members of the Armed Forces.
Sec. 595. Report on oversight of authorized strengths of certain grades
of commissioned regular and reserve officers of the Armed
Forces.
Sec. 596. Report on certain waivers.
Sec. 597. Notifications on manning of afloat naval forces.
Sec. 598. Report regarding use of aerial systems of the Department of
Defense to support agencies of States, Territories, and
the Federal Government.
Sec. 599. Information for members of the Armed Forces on availability
of services of the Department of Veterans Affairs
relating to sexual trauma.
Sec. 599A. Authority to issue an honorary promotion to Colonel Charles
E. McGee, United States Air Force (ret.), to the grade of
brigadier general.
Sec. 599B. Authority to issue an honorary and posthumous promotion to
Lieutenant Colonel Richard Cole, United States Air Force
(ret.), to the grade of colonel.
Sec. 599C. Sense of Congress on the honorable and distinguished service
of General Joseph F. Dunford, United States Marine Corps,
to the United States.
Subtitle A--Officer Personnel Policy
SEC. 501. MAKER OF ORIGINAL APPOINTMENTS IN A REGULAR OR
RESERVE COMPONENT OF COMMISSIONED OFFICERS
PREVIOUSLY SUBJECT TO ORIGINAL APPOINTMENT IN
OTHER TYPE OF COMPONENT.
(a) Maker of Regular Appointments in Transfer From Reserve
Active-status List to Active-duty List.--Section 531(c) of
title 10, United States Code, is amended by striking ``the
Secretary concerned'' and inserting ``the Secretary of
Defense''.
(b) Maker of Reserve Appointments in Transfer From Active-
duty List to Reserve Active-status List.--Section 12203(b) of
such title is amended by striking ``the Secretary concerned''
and inserting ``the Secretary of Defense''.
(c) Report.--Not later than April 1, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting
forth the following:
(1) The average number per fiscal year, during fiscal years
2010 through 2019, of transfers of appointment from regular
officer to reserve officer in the Armed Forces, set forth by
each of transfers requiring and transfers not requiring
appointment by and with the advice and consent of the Senate.
(2) The average amount of time required per fiscal year,
during such fiscal years, for completion of a transfer of
appointment from regular officer to reserve officer in
situations not requiring appointment by and with the advice
and consent of the Senate.
(3) An assessment of the number of officers who experience
a break-in-service due to delays in transfer of appointment
from regular officer to reserve officer as a result of the
requirement for appointment by and with the advice and
consent of the Senate.
(4) An assessment of the feasibility and advisability of
each of the following:
(A) Appointment of regular officers as both a regular
officer and a reserve officer immediately upon commissioning.
(B) Consolidation of the provisions of title 10, United
States Code, relating to appointment as a regular or reserve
officer in a manner designed to facilitate and improve
officer retention.
(5) Such other recommendations for legislative or
administrative action as the Secretary considers appropriate
to improve the rapid transfer of appointment of an officer
from regular status to reserve status.
SEC. 502. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO
PROMOTION SELECTION BOARDS.
(a) Expansion of Grades of Officers for Which Information
Is Furnished.--Section 615(a)(3) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking ``a grade above colonel or, in the case of the Navy,
captain'' and inserting ``a grade specified in subparagraph
(B)''; and
(3) by adding at the end the following new subparagraph:
``(B) A grade specified in this subparagraph is as follows:
``(i) In the case of a regular officer, a grade above
captain or, in the case of the Navy, lieutenant.
``(ii) In the case of a reserve officer, a grade above
lieutenant colonel or, in the case of the Navy, commander.''.
(b) Furnishing at Every Phase of Consideration.--Such
section is further amended by adding at the end the following
new subparagraph:
``(C) The standards and procedures referred to in
subparagraph (A) shall require the furnishing to the
selection board, and to each individual member of the board,
the information described in that subparagraph with regard to
an officer in a grade specified in subparagraph (B) at each
stage or phase of the selection board, concurrent with the
screening, rating, assessment, evaluation, discussion, or
other consideration by the board or member of the official
military personnel file of the officer, or of the officer.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to the proceedings of promotion
selection boards convened under section 611(a) of title 10,
United States Code, after that date.
SEC. 503. LIMITATION ON NUMBER OF OFFICERS RECOMMENDABLE FOR
PROMOTION BY PROMOTION SELECTION BOARDS.
(a) In General.--Section 616 of title 10, United States
Code is amended--
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) The number of officers recommended for promotion by a
selection board convened under section 611(a) of this title
may not exceed the number equal to 95 percent of the number
of officers included in the promotion zone established under
section 623 of this title for consideration by the board.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply with respect to consideration by promotion
selection boards convened under section 611(a) of title 10,
United States Code, of promotion zones that are established
under section 623 of that title on or after that date.
SEC. 504. EXPANSION OF AUTHORITY FOR CONTINUATION ON ACTIVE
DUTY OF OFFICERS IN CERTAIN MILITARY
SPECIALTIES AND CAREER TRACKS.
Section 637a(a) of title 10, United States Code, is amended
by inserting ``separation or'' after ``provided for the''.
SEC. 505. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS.
Section 661(d)(3)(B) of title 10, United States Code, is
amended in the third sentence by inserting ``or a designee of
the Chairman who is an officer of the armed forces in grade
O-9 or higher'' before the period.
SEC. 506. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF
DEPLOYMENTS OF MEMBERS OF THE ARMED FORCES AND
RELATED UNIT OPERATING AND PERSONNEL TEMPO
MATTERS.
(a) Limitation on Scope of Delegations of Approval of
Exceptions to Deployment Thresholds.--Paragraph (3) of
section 991(a) of title 10, United States Code, is amended by
striking ``be delegated to--'' and all that follows and
inserting ``be delegated to a civilian officer of the
Department of Defense appointed by the President, by and with
the advice and consent of the Senate.''.
(b) Separate Policies on Dwell Time for Regular and Reserve
Members.--Paragraph (4) of such section is amended--
(1) by striking ``addresses the amount'' and inserting
``addresses each of the following:
``(A) The amount.'';
(2) in subparagraph (A), as designated by paragraph (1), by
inserting ``regular'' before ``member''; and
(3) by adding at the end the following new subparagraph:
``(B) The amount of dwell time a reserve member of the
armed forces remains at the member's permanent duty station
after completing a deployment of 30 days or more in
length.''.
[[Page H9436]]
SEC. 507. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED
STATES SPECIAL OPERATIONS COMMAND DURING
PERIODS OF INAPPLICABILITY OF HIGH-DEPLOYMENT
LIMITATIONS.
(a) In General.--Section 991(d) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Whenever a waiver is in effect under paragraph
(1), the member or group of members covered by the waiver
shall be subject to specific and measurable deployment
thresholds established and maintained for purposes of this
subsection.
``(B) Thresholds under this paragraph may be applicable--
``(i) uniformly, Department of Defense-wide; or
``(ii) separately, with respect to each armed force or the
United States Special Operations Command.
``(C) If thresholds under this paragraph are applicable
Department-wide, such thresholds shall be established and
maintained by the Under Secretary of Defense for Personnel
and Readiness. If such thresholds are applicable only to one
armed force or the Under States Special Operations Command,
such thresholds shall be established and maintained
respectively by the Secretary of the Army, the Secretary of
the Navy (other than with respect to the Marine Corps), the
Secretary of the Air Force, the Commandant of the Marine
Corps (with respect to the Marine Corps), and the Commander
of the United States Special Operations Command, as
applicable.
``(D) In undertaking recordkeeping for purposes of
subsection (c), the Under Secretary shall, in conjunction
with the officials and officers referred to in subparagraph
(C), collect complete and reliable personnel tempo data of
members described in subparagraph (A) in order to ensure that
the Department, the armed forces, and the United States
Special Operations Command fully and completely monitor
personnel tempo under any waiver authorized under paragraph
(1) and the effect of such waiver on the armed forces.''.
(b) Deadline for Implementation.--Paragraph (2) of section
991(d) of title 10, United States Code, as added by
subsection (a), shall be fully implemented by not later than
March 1, 2020.
SEC. 508. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE
RETIREMENT OF CHAPLAINS IN GENERAL AND FLAG
OFFICER GRADES.
Section 1253(c) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 509. HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING
REOPENING OF DETERMINATION OR CERTIFICATION OF
RETIRED GRADE.
(a) Advice and Consent of Senate Required for Higher
Grade.--Section 1370(f) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) If the retired grade of an officer is proposed to be
increased through the reopening of the determination or
certification of officer's retired grade, the increase in the
retired grade shall be made by the Secretary of Defense, by
and with the advice and consent of the Senate.''.
(b) Recalculation of Retired Pay.--Paragraph (6) of such
section, as redesignated by subsection (a)(1), is amended--
(1) by inserting ``or increased'' after ``reduced'';
(2) by inserting ``as a result of the reduction or
increase'' after ``any modification of the retired pay of the
officer'';
(3) by inserting ``or increase'' after ``the reduction'';
and
(4) by adding at the end the following new sentence: ``An
officer whose retired grade is increased as described in the
preceding sentence shall not be entitled to an increase in
retired pay for any period before the effective date of the
increase.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
and shall apply to an increase in the retired grade of an
officer that occurs through a reopening of the determination
or certification of the officer's retired grade on or after
that date, regardless of when the officer retired.
SEC. 510. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND THAT
OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER
ON PROMOTION LIST.
(a) In General.--Section 14108 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Higher Placement of Officers of Particular Merit on
Promotion List.--(1) In selecting officers to be recommended
for promotion, a promotion board may, when authorized by the
Secretary concerned, recommend that officers of particular
merit, from among those officers selected for promotion, be
placed higher on the promotion list established by the
Secretary under section 14308(a) of this title.
``(2) A promotion board may make a recommendation under
paragraph (1) only if an officer receives the recommendation
of--
``(A) a majority of the members of the promotion board; or
``(B) an alternative requirement established by the
Secretary concerned and furnished to the promotion board as
part of the guidelines under section 14107 of this title.
``(3) For officers who receive recommendations under
paragraph (1), the board shall recommend the order in which
those officers should be placed on the promotion list.''.
(b) Reports Regarding Recommendations That Officers of
Particular Merit Be Placed Higher on Promotion List.--Section
14109 of such title is amended by adding at the end the
following new subsection:
``(d) Report of Officers Recommended for Higher Placement
on Promotion List.--A promotion board convened under section
14101(a) of this title shall, when authorized under section
14108(f) of this title, include in its report to the
Secretary concerned--
``(1) the names of those officers the promotion board
recommends be placed higher on the promotion list; and
``(2) the order in which the promotion board recommends
those officers should be placed on the promotion list.''.
(c) Officers of Particular Merit Appearing Higher on
Promotion List.--Section 14308(a) of such title is amended in
the first sentence by inserting ``or based on particular
merit, as determined by the promotion board'' before the
period.
SEC. 510A. AVAILABILITY ON THE INTERNET OF CERTAIN
INFORMATION ABOUT OFFICERS SERVING IN GENERAL
OR FLAG OFFICER GRADES.
(a) Availability Required.--
(1) In general.--The Secretary of each military department
shall make available on an internet website of such
department available to the public information specified in
paragraph (2) on each officer in a general or flag officer
grade under the jurisdiction of such Secretary, including any
such officer on the reserve active-status list.
(2) Information.--The information on an officer specified
by this paragraph to be made available pursuant to paragraph
(1) is the information as follows:
(A) The officer's name.
(B) The officer's current grade, duty position, command or
organization, and location of assignment.
(C) A summary list of the officer's past duty assignments
while serving in a general or flag officer grade.
(b) Additional Public Notice on Certain Officers.--Whenever
an officer in a grade of O-7 or above is assigned to a new
billet or reassigned from a current billet, the Secretary of
the military department having jurisdiction of such officer
shall make available on an internet website of such
department available to the public a notice of such
assignment or reassignment.
(c) Limitation on Withholding of Certain Information or
Notice.--
(1) Limitation.--The Secretary of a military department may
not withhold the information or notice specified in
subsections (a) and (b) from public availability pursuant to
subsection (a), unless and until the Secretary notifies the
Committees on Armed Services of the Senate and House of
Representatives in writing of the information or notice that
will be so withheld, together with justification for
withholding the information or notice from public
availability.
(2) Limited duration of withholding.--The Secretary
concerned may withhold from the public under paragraph (1)
information or notice on an officer only on the basis of
individual risk or national security, and may continue to
withhold such information or notice only for so long as the
basis for withholding remains in force.
SEC. 510B. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR
CHAPLAINS.
A military chaplain shall receive a functional badge or
insignia upon commission.
Subtitle B--Reserve Component Management
SEC. 511. MODIFICATION OF GRADE LEVEL THRESHOLD FOR JUNIOR
RESERVE OFFICERS' TRAINING CORPS.
Section 2031(b)(1) of title 10, United States Code, is
amended by striking ``above the 8th grade'' each place it
appears and inserting ``above the 7th grade and physically
co-located with the 9th grade participating unit''.
SEC. 512. INCLUSION OF STEM IN COURSES OF INSTRUCTION FOR THE
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031(b)(3) of title 10, United
States Code, is amended by inserting ``and which may include
instruction or activities in the fields of science,
technology, engineering, and mathematics'' after
``duration''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 513. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR
RESERVE OFFICERS' TRAINING CORPS UNITS.
Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1) Each public secondary educational institution that
maintains a unit under this section shall permit membership
in the unit to homeschooled students residing in the area
served by the institution who are qualified for membership in
the unit (but for lack of enrollment in the institution).
``(2) A student who is a member of a unit pursuant to this
subsection shall count toward the satisfaction by the
institution concerned of the requirement in subsection (b)(1)
relating to the minimum number of student members in the unit
necessary for the continuing maintenance of the unit.''.
SEC. 514. CLARIFICATION OF ELIGIBILITY TO SERVE AS COMMANDER,
MARINE FORCES RESERVE.
(a) In General.--Section 8084(b)(1) of title 10, United
States Code, is amended by striking ``general officers of the
Marine Corps (as defined in section 8001(2))'' and inserting
``general officers of the Marine Corps Reserve''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act and shall apply to appointments
made after such date.
[[Page H9437]]
SEC. 515. EXTENSION AND PERIODIC EVALUATION OF SUICIDE
PREVENTION AND RESILIENCE PROGRAM FOR THE
RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h);
(2) in subsection (h), as redesignated by paragraph (1), by
striking ``2020'' and inserting ``2025''; and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Triennial Evaluation.--The Secretary shall evaluate
the program every third year beginning in 2022 until the
program terminates to determine whether the program
effectively--
``(1) provides training and assistance under subsections
(b), (c), and (d); and
``(2) implements subsection (e).''.
SEC. 516. AUTHORITY TO DEFER MANDATORY SEPARATION AT AGE 68
OF OFFICERS IN MEDICAL SPECIALTIES IN THE
RESERVE COMPONENTS.
Section 14703(b) of title 10, United States Code, is
amended--
(1) by striking ``An'' and inserting ``(1) Subject to
paragraph (2), an''; and
(2) by adding at the end the following new paragraph (2):
``(2) The Secretary concerned may, with the consent of the
officer, retain in an active status an officer in a medical
specialty described in subsection (a) beyond the date
described in paragraph (1) of this subsection if the
Secretary concerned determines that such retention is
necessary to the military department concerned. Each such
retention shall be made on a case-by-case basis and for such
period as the Secretary concerned determines appropriate.''.
SEC. 517. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE
TO THE NATIONAL GUARD.
(a) Modernization of Inspection Authorities of Secretaries
of the Army and Air Force.--Subsection (a) of section 105 of
title 32, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``by him, the Secretary of the Army shall
have'' and inserting ``by such Secretary, the Secretary of
the Army and the Secretary of the Air Force shall each
have'';
(B) by striking ``, if necessary,''; and
(C) by striking ``the Regular Army'' and inserting ``the
Regular Army or the Regular Air Force'';
(2) by striking ``Army National Guard'' each place it
appears and inserting ``Army National Guard or Air National
Guard''; and
(3) by striking the flush matter following paragraph (7).
(b) Inspection Authority of Chief of the National Guard
Bureau on Behalf of Secretaries.--Such section is further
amended by adding at the end the following new subsection:
``(c) The Chief of the National Guard Bureau may have an
inspection described in subsection (a) made by inspectors
general, or by commissioned officers of the Army National
Guard of the United States or the Air National Guard of the
United States detailed for that purpose, on behalf of the
Secretary of the Army or the Secretary of the Air Force. Any
such inspection may be made only with the approval of the
Secretary of the Army or the Secretary of the Air Force, as
applicable.''.
SEC. 518. CONSULTATION WITH CHIEF OF THE NATIONAL GUARD
BUREAU IN THE APPOINTMENT OR DESIGNATION OF
NATIONAL GUARD PROPERTY AND FISCAL OFFICERS.
Section 708(a) of title 32, United States Code, is amended
in the first sentence by inserting ``, in consultation with
the Chief of the National Guard Bureau,'' after ``shall''.
SEC. 519. COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 320. Coast Guard Junior Reserve Officers' Training
Corps
``(a) Establishment.--The Secretary of the department in
which the Coast Guard is operating may establish and maintain
a Junior Reserve Officers' Training Corps, organized into
units, at public and private secondary educational
institutions.
``(b) Applicability.--Except as provided in subsection (c),
the provisions of chapter 102 of title 10 shall apply to a
Junior Reserve Officers' Training Corps established and
maintained under this section in the same manner that such
provisions apply to the Junior Reserve Officers' Training
Corps of each military department. For purposes of the
application of such provisions to this section--
``(1) any reference in such provisions to a `military
department' shall be treated as a reference to the department
in which the Coast Guard is operating; and
``(2) any reference in such provisions to a `Secretary of a
military department', a `Secretary concerned', or the
`Secretary of Defense' shall be treated as a reference to the
Secretary of the department in which the Coast Guard is
operating.
``(c) Exception.--The requirements of chapter 102 of title
10 shall not apply to a unit of the Junior Reserve Officers'
Training Corps established by the Secretary of the department
in which the Coast Guard is operating before the date of the
enactment of this section unless the Secretary determines it
is appropriate to apply such requirements to such unit.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``320. Coast Guard Junior Reserve Officers' Training Corps.''.
SEC. 520. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY
RESERVE OFFICER UNIT VACANCY PROMOTIONS BY
COMMANDERS OF ASSOCIATED ACTIVE DUTY UNITS.
Section 1113 of the Army National Guard Combat Readiness
Reform Act of 1992 (Public Law 102-484; 10 U.S.C. 10105 note)
is repealed.
SEC. 520A. REPORT ON METHODS TO ENHANCE DOMESTIC RESPONSE TO
LARGE SCALE, COMPLEX AND CATASTROPHIC
DISASTERS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation and coordination with the Federal Emergency
Management Agency, the National Security Council, the Council
of Governors, and the National Governors Association, shall
submit to the congressional defense committees, the Committee
on Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on the plan of the Department to
establish policy and processes to implement the authority
under section 502 of title 32, United States Code. The report
shall include a detailed examination of the policy framework
consistent with existing authorities, identify major
statutory or policy impediments to implementation, and make
recommendations for legislation as appropriate.
(b) Contents.--The report submitted under subsection (a)
shall include a description of--
(1) the current policy and processes whereby governors can
request activation of the National Guard under title 32,
United States Code, as part of the response to large scale,
complex, catastrophic disasters that are supported by the
Federal Government and, if no formal process exists in
policy, the Secretary of Defense shall provide a timeline and
plan to establish such a policy, including consultation with
the Council of Governors and the National Governors
Association;
(2) the Secretary of Defense's assessment, informed by
consultation with the Federal Emergency Management Agency,
the National Security Council, the Council of Governors, and
the National Governors Association, regarding the sufficiency
of current authorities for the reimbursement of National
Guard and Reserve manpower during large scale, complex,
catastrophic disasters under title 10 and title 32, United
States Code, and specifically whether reimbursement
authorities are sufficient to ensure that military training
and readiness are not degraded to fund disaster response, or
whether invoking such reimbursement authorities degrades the
effectiveness of the Disaster Relief Fund;
(3) the Department of Defense's plan to ensure there is
parallel and consistent policy in the application of the
authorities granted under section 12304a of title 10, United
States Code, and section 502(f) of title 32, United States
Code, including--
(A) a description of the disparities between benefits and
protections under Federal law versus State active duty;
(B) recommended solutions to achieve parity at the Federal
level; and
(C) recommended changes at the State level, if appropriate;
and
(4) the Department of Defense's plan to ensure there is
parity of benefits and protections for military members
employed as part of the response to large scale, complex,
catastrophic disasters under title 32 or title 10, United
States Code, and recommendations for addressing any
shortfalls.
SEC. 520B. REPORT AND BRIEFING ON THE SENIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Report on Various Expansions of the Corps.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report setting forth the following:
(1) An assessment of the feasibility and advisability of
distance learning programs for the Senior Reserve Officers'
Training Corps for students at educational institutions who
reside outside the viable range for a cross-town program.
(2) An assessment of the feasibility and advisability of
expanding the eligibility of institutions authorized to
maintain a unit of the Senior Reserve Officers' Training
Corps to include community colleges.
(b) Briefing on Long-term Effects on the Corps of the
Operation of Certain Recent Prohibitions.--
(1) Briefing required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on the
effects of the prohibitions in section 8032 of the Department
of Defense Appropriations Act, 2019 (division A of Public Law
115-245) on the long-term viability of the Senior Reserve
Officers' Training Corps.
(2) Elements.--The matters addressed by the briefing under
paragraph (1) shall include an assessment of the effects of
the prohibitions described in paragraph (1) on the following:
(A) Readiness.
(B) The efficient manning and administration of Senior
Reserve Officers' Training Corps units.
(C) The ability of the Armed Forces to commission on a
yearly basis the number and quality of new officers they need
and that are representative of the nation as a whole.
(D) The availability of Senior Reserve Officers' Training
Corps scholarships in rural areas.
(E) Whether the Senior Reserve Officers' Training Corps
program produces officers representative of the demographic
and geographic diversity of the United States, especially
with respect to urban areas, and whether restrictions on
establishing or disestablishing units of the Corps affects
the diversity of the officer corps of the Armed Forces.
SEC. 520C. SENSE OF CONGRESS ON INCREASE IN NUMBER OF JUNIOR
RESERVE OFFICERS' TRAINING CORPS UNITS.
It is the sense of Congress that the Junior Reserve
Officers' Training Corps was supported in
[[Page H9438]]
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) and should be increased
in fiscal year 2020 to include not fewer than 3,700 units
nationwide.
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY
BOARDS FOR CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARDS OF CERTAIN CLAIMS.
(a) Boards for Correction of Military Records.--Section
1552(g) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) If a board established under subsection (a)(1) is
reviewing a claim described in subsection (h), the board
shall seek advice and counsel in the review from a
psychiatrist, psychologist, or social worker with training on
mental health issues associated with post-traumatic stress
disorder or traumatic brain injury or other trauma as
specified in the current edition of the Diagnostic and
Statistical Manual of Mental Disorders published by the
American Psychiatric Association.
``(3) If a board established under subsection (a)(1) is
reviewing a claim in which sexual trauma, intimate partner
violence, or spousal abuse is claimed, the board shall seek
advice and counsel in the review from an expert in trauma
specific to sexual assault, intimate partner violence, or
spousal abuse, as applicable.''.
(b) Discharge Review Boards.--Section 1553(d)(1) of such
title is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph;
``(B) In the case of a former member described in paragraph
(3)(B) who claims that the former member's post-traumatic
stress disorder or traumatic brain injury as described in
that paragraph in based in whole or in part on sexual trauma,
intimate partner violence, or spousal abuse, a board
established under this section to review the former member's
discharge or dismissal shall seek advice and counsel in the
review from a psychiatrist, psychologist, or social worker
with training on mental health issues associated with post-
traumatic stress disorder or traumatic brain injury or other
trauma as specified in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders published by the
American Psychiatric Association.''.
SEC. 522. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF
DISCHARGE REVIEW BOARDS.
Section 1553(a) of title 10, United States Code, is amended
by striking ``five'' and inserting ``not fewer than three''.
SECTION 523. ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR
UPGRADE OF DISCHARGE OR DISMISSAL.
(a) Establishment.--Chapter 79 of title 10, United States
Code, is amended by inserting after section 1553 the
following new section 1553a:
``Sec. 1553a. Review of a request for upgrade of discharge or
dismissal
``(a) Establishment.--The Secretary of Defense shall
establish a process by which to conduct a final review of a
request for an upgrade in the characterization of a discharge
or dismissal.
``(b) Consideration; Recommendation.--(1) Upon the request
of a petitioner, the Secretary of Defense shall review the
findings and decisions of the boards established under
sections 1552 and 1553 of this title regarding the final
review of a request for an upgrade in the characterization of
a discharge or dismissal.
``(2) The Secretary of Defense may recommend that the
Secretary of the military department concerned upgrade the
characterization of the discharge or dismissal of the
petitioner if the Secretary of Defense determines that such
recommendation is appropriate after review under paragraph
(1).
``(c) Definitions.--In this section:
``(1) The term `final review of a request for an upgrade in
the characterization of a discharge or dismissal' means a
request by a petitioner for an upgrade to the
characterization of a discharge or dismissal--
``(A) that was not granted under sections 1552 and 1553 of
this title; and
``(B) regarding which the Secretary of Defense determines
the petitioner has exhausted all remedies available to the
petitioner under sections 1552 and 1553 of this title.
``(2) The term `petitioner' means a member or former member
of the armed forces (or if the member or former member is
dead, the surviving spouse, next of kin, or legal
representative of the member or former member) whose request
for an upgrade to the characterization of a discharge or
dismissal was not granted under sections 1552 and 1553 of
this title.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1553 the following new item:
``1553a. Review of a request for upgrade of discharge or dismissal.''.
(2) Conforming amendments.--
(A) Section 1552(a)(4) of such title is amended to read as
follows:
``(4)(A) Subject to subparagraph (B), a correction under
this section is final and conclusive on all officers of the
United States except when procured by fraud.
``(B) If a board established under this section does not
grant a request for an upgrade to the characterization of a
discharge or dismissal, that declination may be considered
under section 1553a of this title.''.
(B) Section 1553(b) of such title is amended--
(i) by inserting ``(1)'' before ``A board''; and
(ii) by adding at the end the following new paragraph:
``(2) If a board established under this section does not
grant a request for an upgrade to the characterization of a
discharge or dismissal, that declination may be considered
under section 1552 or section 1553a of this title, as
applicable.''.
(c) Deadline.--The Secretary of Defense shall implement
section 1553a of such title, as added by subsection (a), not
later than January 1, 2021.
(d) Resources.--In establishing and implementing the
process under such section 1553a, the Secretary of Defense
shall, to the maximum extent practicable, use existing
organizations, boards, processes, and personnel of the
Department of Defense.
(e) Reporting.--
(1) Report.--Not later than January 1, 2022, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
regarding the process established under such section 1553a.
The report shall include, with respect to considerations
under such process since implementation, the following:
(A) The number of requests considered.
(B) The number of upgrades to the characterization of a
discharge or dismissal granted pursuant to such process,
including the most common reasons for such upgrades.
(C) The number of upgrades to the characterization of a
discharge or dismissal declined pursuant to such process,
including the most common reasons for such declinations.
(2) Online publication.--On October 1, 2022, and annually
thereafter, the Secretary shall publish the information
described in paragraph (1) with regards to the immediately
preceding fiscal year on a website of the Department of
Defense that is accessible by the public.
SEC. 524. PROHIBITION ON REDUCTION IN THE NUMBER OF PERSONNEL
ASSIGNED TO DUTY WITH A SERVICE REVIEW AGENCY.
(a) Prohibition.--Section 1559(a) of title 10, United
States Code, is amended--
(1) by striking ``December 31, 2019'' and inserting
``December 31, 2025'';
(2) by striking ``that agency until--'' and inserting
``that agency.''; and
(3) by striking subsections (1) and (2).
(b) Report.--
(1) Report required.--Not later than 180 days after the
enactment of this Act, the Secretary of each military
department shall submit a report to the Committees on Armed
Services of the Senate and House of Representatives that
details a plan to--
(A) reduce the backlog of applications before the service
review agency of the military department concerned; and
(B) maintain the resources required to meet the timeliness
standards for disposition of applications before the
Corrections Boards under section 1557 of title 10, United
States Code, not later than October 1, 2021.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description of the current backlog of applications
before the service review agency of the military department
concerned.
(B) The number of personnel required to meet the deadline
described in paragraph (1)(B).
(C) The plan of the Secretary concerned to modernize the
application and review system of the service review agency of
the military department concerned.
SEC. 525. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF
MILITARY RECORDS AND DISCHARGE REVIEW BOARDS ON
SEXUAL TRAUMA, INTIMATE PARTNER VIOLENCE,
SPOUSAL ABUSE, AND RELATED MATTERS.
(a) Boards for Correction of Military Records.--The
curriculum of training for members of boards for the
correction of military records under section 534(c) of the
National Defense Authorization Act for Fiscal Year 2017 (10
U.S.C. 1552 note) shall include training on each of the
following:
(1) Sexual trauma.
(2) Intimate partner violence.
(3) Spousal abuse.
(4) The various responses of individuals to trauma.
(b) Discharge Review Boards.--
(1) In general.--Each Secretary concerned shall develop and
provide training for members of discharge review boards under
section 1553 of title 10, United States Code, that are under
the jurisdiction of such Secretary on each of the following:
(A) Sexual trauma.
(B) Intimate partner violence.
(C) Spousal abuse.
(D) The various responses of individuals to trauma.
(2) Uniformity of training.--The Secretary of Defense and
the Secretary of Homeland Security shall jointly ensure that
the training developed and provided pursuant to this
subsection is, to the extent practicable, uniform.
(3) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term
in section 101(a)(9) of title 10, United States Code.
SEC. 526. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE
SERVICE.
The Secretary of Defense shall publish regulations for
submission and processing of a completed United States
Citizenship and Immigration Services Form N-426, by a member
of the Armed Forces. Such regulations shall designate the
appropriate level for the certifying officer as well as
establish time requirements for the form to be returned to
the member of the Armed Forces.
[[Page H9439]]
SEC. 527. CORRECTION OF CERTAIN DISCHARGE CHARACTERIZATIONS.
(a) In General.--In accordance with this section, and in a
manner that is consistent across the military departments to
the greatest extent practicable, the appropriate board shall,
at the request of a covered member or the authorized
representative of a covered member--
(1) review the discharge characterization of that covered
member; and
(2) change the discharge characterization of that covered
member to honorable if the appropriate board determines such
change to be appropriate after review under paragraph (1).
(b) Appeal.--A covered member or the authorized
representative of that covered member may seek review of a
decision by the appropriate board not to change the discharge
characterization of that covered member. Such review may be
made pursuant to section 1552 of title 10, United States
Code, section 1553 of such title, or any other process
established by the Secretary of Defense for such purpose.
(c) Change of Records.--For each covered member whose
discharge characterization is changed under subsection (a) or
(b), the Secretary of the military department concerned shall
issue to the covered member or the authorized representative
of the covered member a corrected Certificate of Release or
Discharge from Active Duty (DD Form 214), or other like form
regularly used by an Armed Force that--
(1) reflects the upgraded discharge characterization of the
covered member; and
(2) does not reflect the sexual orientation of the covered
member or the original stated reason for the discharge or
dismissal of that covered member.
(d) Definitions.--In this section:
(1) The term ``appropriate board'' means a board for the
correction of military or naval records under section 1552 of
title 10, United States Code, or a discharge review board
under section 1553 of such title, as the case may be.
(2) The term ``authorized representative'' means an heir or
legal representative of a covered member.
(3) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of that member.
(4) The term ``discharge characterization'' means the
characterization assigned to the service of a covered member
on the discharge or dismissal of that covered member from
service in the Armed Forces.
SEC. 528. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL
SOURCES OF INFORMATION TO DETERMINE ELIGIBILITY
OF MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES FOR DECORATIONS WHEN THE SERVICE RECORDS
ARE INCOMPLETE BECAUSE OF DAMAGE TO THE
OFFICIAL RECORD.
(a) Guidelines Required.--The Secretary of Defense shall
develop guidelines regarding the use by the Secretaries of
the military departments of unofficial sources of
information, including eyewitness statements, to determine
the eligibility of a member or former member of the Armed
Forces for decorations when the service records of the member
are incomplete because of damage to the records as a result
of the 1973 fire at the National Personnel Records Center in
St. Louis, Missouri, or any subsequent incident while the
records were in the possession of the Department of Defense.
(b) Time for Completion.--The Secretary of Defense shall
complete development of the guidelines not later than one
year after the date of the enactment of this Act.
SEC. 529. STRATEGIC PLAN FOR DIVERSITY AND INCLUSION.
(a) Plan Required.--The Secretary of Defense shall design
and implement a five-year strategic plan for diversity and
inclusion in the Department of Defense.
(b) Elements.--The strategic plan under this section--
(1) shall incorporate existing efforts to promote diversity
and inclusion within the Department; and
(2) may not conflict with the objectives of the 2018
National Military Strategy.
(c) Deadline.--The Secretary shall implement the strategic
plan under this section not later than one year after the
date of the enactment of this Act.
SEC. 530. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK TO
ENLIST IN THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall study the
feasibility of, in background investigations and security and
suitability screenings of individuals who seek to enlist in
the Armed Forces--
(1) screening for extremist and gang-related activity; and
(2) using the following resources of the Federal Bureau of
Investigation:
(A) The Tattoo and Graffiti Identification Program.
(B) The National Gang Intelligence Center.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
an unclassified report in writing to the Committees on Armed
Services of the Senate and House of Representatives
containing conclusions of the Secretary regarding the study
under subsection (a).
SEC. 530A. FEASIBILITY STUDY REGARDING NOTIFICATION TO
SECRETARY OF HOMELAND SECURITY OF HONORABLE
DISCHARGES OF NON-CITIZENS.
(a) Study Required.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security, shall
study the feasibility of providing the Secretary of Homeland
Security with a copy of the Certificate of Release or
Discharge from Active Duty (DD Form 214) or National Guard
Report of Separation and Record of Service (NGB-22) for each
individual who is not a citizen of the United States who is
honorably discharged from the Armed Forces so the Secretary
of Homeland Security may note such discharge in an I-213
Record of Deportable/Inadmissible Alien for that individual.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the committees on Armed Services of the Senate and House
of Representatives a report regarding the results of the
study under this section.
SEC. 530B. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS.
It is the sense of Congress that the Secretary of Defense
should explore alternatives to centralized accession
physicals at Military Entrance Processing Stations, including
conducting physicals through community health care providers,
in order to reduce transportation costs, increase efficiency
in processing times, and free recruiters to focus on the core
of the recruiting mission.
Subtitle D--Military Justice
SEC. 531. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY
MILITARY JUDGES AND MILITARY MAGISTRATES IN THE
INTEREST OF EFFICIENCY IN MILITARY JUSTICE.
(a) In General.--Subsection (a) of section 830a of title
10, United States Code (article 30a of the Uniform Code of
Military Justice), is amended by striking paragraphs (1) and
(2) and inserting the following new paragraphs:
``(1) The President shall prescribe regulations for matters
relating to proceedings conducted before referral of charges
and specifications to court-martial for trial, including the
following:
``(A) Pre-referral investigative subpoenas.
``(B) Pre-referral warrants or orders for electronic
communications.
``(C) Pre-referral matters referred by an appellate court.
``(D) Pre-referral matters under subsection (c) or (e) of
section 806b of this title (article 6b).
``(E) Pre-referral matters relating to the following:
``(i) Pre-trial confinement of an accused.
``(ii) The mental capacity or mental responsibility of an
accused.
``(iii) A request for an individual military counsel.
``(2) In addition to the matters specified in paragraph
(1), the regulations prescribed under that paragraph shall--
``(A) set forth the matters that a military judge may rule
upon in such proceedings;
``(B) include procedures for the review of such rulings;
``(C) include appropriate limitations to ensure that
proceedings under this section extend only to matters that
would be subject to consideration by a military judge in a
general or special court-martial; and
``(D) provide such limitations on the relief that may be
ordered under this section as the President considers
appropriate.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 830a. Art 30a. Proceedings conducted before
referral''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by striking the item relating to section 830a
(article 30a) and inserting the following new item:
``830a. 30a. Proceedings conducted before referral.''.
SEC. 532. COMMAND INFLUENCE.
(a) In General.--Section 837 of title 10, United States
Code (article 37 of the Uniform Code of Military Justice), is
amended--
(1) by striking ``Unlawfully influencing action of court''
and inserting ``Command influence'';
(2) by amending subsection (a) to read as follows:
``(a)(1) No court-martial convening authority, nor any
other commanding officer, may censure, reprimand, or admonish
the court or any member, military judge, or counsel thereof,
with respect to the findings or sentence adjudged by the
court, or with respect to any other exercise of its or his
functions in the conduct of the proceeding.
``(2) No court-martial convening authority, nor any other
commanding officer, may deter or attempt to deter a potential
witness from participating in the investigatory process or
testifying at a court-martial. The denial of a request to
travel at government expense or refusal to make a witness
available shall not by itself constitute unlawful command
influence.
``(3) No person subject to this chapter may attempt to
coerce or, by any unauthorized means, attempt to influence
the action of a court-martial or any other military tribunal
or any member thereof, in reaching the findings or sentence
in any case, or the action of any convening, approving, or
reviewing authority or preliminary hearing officer with
respect to such acts taken pursuant to this chapter as
prescribed by the President.
``(4) Conduct that does not constitute a violation of
paragraphs (1) through (3) may include, for example--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing persons on the substantive and
procedural aspects of courts-martial;
``(B) statements regarding criminal activity or a
particular criminal offense that do not advocate a particular
disposition, or a particular court-martial finding or
sentence, or do not relate to a particular accused; or
``(C) statements and instructions given in open court by
the military judge or counsel.
``(5)(A) Notwithstanding paragraphs (1) through (3), but
subject to subparagraph (B)--
[[Page H9440]]
``(i) a superior convening authority or officer may
generally discuss matters to consider regarding the
disposition of alleged violations of this chapter with a
subordinate convening authority or officer; and
``(ii) a subordinate convening authority or officer may
seek advice from a superior convening authority or officer
regarding the disposition of an alleged offense under this
chapter.
``(B) No superior convening authority or officer may direct
a subordinate convening authority or officer to make a
particular disposition in a specific case or otherwise
substitute the discretion of such authority or such officer
for that of the subordinate convening authority or
officer.'';
(3) in subsection (b)--
(A) by striking ``advanced, in grade'' and inserting
``advanced in grade''; and
(B) by striking ``accused before a court-martial'' and
inserting ``person in a court-martial proceeding''; and
(4) by adding at the end the following new subsections:
``(c) No finding or sentence of a court-martial may be held
incorrect on the ground of a violation of this section unless
the violation materially prejudices the substantial rights of
the accused.
``(d)(1) A superior convening authority or commanding
officer may withhold the authority of a subordinate convening
authority or officer to dispose of offenses in individual
cases, types of cases, or generally.
``(2) Except as provided in paragraph (1) or as otherwise
authorized by this chapter, a superior convening authority or
commanding officer may not limit the discretion of a
subordinate convening authority or officer to act with
respect to a case for which the subordinate convening
authority or officer has authority to dispose of the
offenses.''.
(b) Clerical Amendment.--The table of sections at the
beginning subchapter VII of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by striking the item relating to section 837 (article
37) and inserting the following new item:
``837. Art. 37. Command influence.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date of the enactment of
this Act and shall apply with respect to violations of
section 837 of title 10, United States Code (article 37 of
the Uniform Code of Military Justice), committed on or after
such date.
SEC. 533. STATUTE OF LIMITATIONS FOR CERTAIN OFFENSES.
(a) In General.--Section 843 of title 10, United States
Code (article 43 of the Uniform Code of Military Justice), is
amended--
(1) in subsection (a), by inserting ``maiming of a child,
kidnapping of a child,'' after ``sexual assault of a
child,''; and
(2) in subsection (b)(2)(B)--
(A) by striking clauses (ii) and (iv); and
(B) by redesignating clause (iii) as clause (ii).
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply with respect to the prosecution of offenses
committed before, on, or after the date of the enactment of
this Act if the applicable limitation period has not yet
expired.
SEC. 534. PUBLIC ACCESS TO DOCKETS, FILINGS, AND COURT
RECORDS OF COURTS-MARTIAL OR OTHER RECORDS OF
TRIAL OF THE MILITARY JUSTICE SYSTEM.
(a) In General.--Section 940a of title 10, United States
Code (article 140a of the Uniform Code of Military Justice),
is amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(a) In General.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security,'';
(2) in subsection (a), as designated by paragraph (1)--
(A) in the matter preceding paragraph (1), by inserting
``(including with respect to the Coast Guard)'' after
``military justice system''; and
(B) in paragraph (4), by inserting ``public'' before
``access to docket information''; and
(3) by adding at the end the following new subsections:
``(b) Protection of Certain Personally Identifiable
Information.--Records of trial, docket information, filings,
and other records made publicly accessible in accordance with
the uniform standards and criteria for conduct established by
the Secretary under subsection (a) shall restrict access to
personally identifiable information of minors and victims of
crime (including victims of sexual assault and domestic
violence), as practicable to the extent such information is
restricted in electronic filing systems of Federal and State
courts.
``(c) Inapplicability to Certain Dockets and Records.--
Nothing in this section shall be construed to provide public
access to docket information, filings, or records that are
classified, subject to a judicial protective order, or
ordered sealed.''.
(b) Existing Standards and Criteria.--The Secretary of
Homeland Security shall apply to the Coast Guard the
standards and criteria for conduct established by the
Secretary of Defense under section 940a of title 10, United
States Code (article 140a of the Uniform Code of Military
Justice), as in effect on the day before the date of the
enactment of this Act, until such time as the Secretary of
Defense, in consultation with the Secretary of Homeland
Security, prescribes revised standards and criteria for
conduct under such section that implement the amendments made
by subsection (a) of this section.
SEC. 535. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON
INVESTIGATION, PROSECUTION, AND DEFENSE OF
SEXUAL ASSAULT IN THE ARMED FORCES.
Section 546(f)(1) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (10 U.S.C. 1561 note) is amended by striking ``five''
and inserting ``10''.
SEC. 536. AUTHORITY FOR RETURN OF PERSONAL PROPERTY TO
VICTIMS OF SEXUAL ASSAULT WHO FILE A RESTRICTED
REPORT BEFORE CONCLUSION OF RELATED
PROCEEDINGS.
Section 586 of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 1561 note) is amended--
(1) by redesignating subsection (f) as subsection (e);
(2) in subsection (e), as so redesignated, in the
subsection heading, by inserting ``in Unrestricted Reporting
Cases'' after ``Proceedings''; and
(3) by adding at the end the following new subsection:
``(f) Return of Personal Property in Restricted Reporting
Cases.--(1) The Secretary of Defense shall prescribe
procedures under which a victim who files a restricted report
on an incident of sexual assault may request, at any time,
the return of any personal property of the victim obtained as
part of the sexual assault forensic examination.
``(2) The procedures shall ensure that--
``(A) a request of a victim under paragraph (1) may be made
on a confidential basis and without affecting the restricted
nature of the restricted report; and
``(B) at the time of the filing of the restricted report, a
Sexual Assault Response Coordinator or Sexual Assault
Prevention and Response Victim Advocate--
``(i) informs the victim that the victim may request the
return of personal property as described in paragraph (1);
and
``(ii) advises the victim that such a request for the
return of personal property may negatively impact a
subsequent case adjudication, if the victim later decides to
convert the restricted report to an unrestricted report.
``(3) Except with respect to personal property returned to
a victim under this subsection, nothing in this subsection
shall affect the requirement to retain a sexual assault
forensic examination (SAFE) kit for the period specified in
subsection (c)(4)(A).''.
SEC. 537. GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Development of Guidelines.--Not later than the date
specified in subsection (d), the Secretary of Defense shall
develop nonbinding guidelines on sentences for offenses under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice). The guidelines shall provide the
sentencing authority with a suggested range of punishments,
including suggested ranges of confinement, that will
generally be appropriate for a violation of each offense
under such chapter.
(b) Sentencing Data.--In developing the guidelines for
sentences under subsection (a), the Secretary of Defense
shall take into account the sentencing data collected by the
Military Justice Review Panel pursuant to section 946(f)(2)
of title 10, United States Code (article 146(f)(2) of the
Uniform Code of Military Justice).
(c) Submittal to Congress.--Not later than the date
specified in subsection (d), the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(1) the guidelines for sentences developed under subsection
(a); and
(2) an assessment of the feasibility and advisability of
implementing such guidelines in panel sentencing cases.
(d) Date Specified.--The date specified in this subsection
is the date that is not later than one year after the date on
the which the first report of the Military Justice Review
Panel is submitted to the Committees on Armed Services of the
Senate and the House of Representatives pursuant to section
946(f)(5) of title 10, United States Code (article 146(f)(5)
of the Uniform Code of Military Justice).
SEC. 538. NOTIFICATION OF SIGNIFICANT EVENTS AND
DOCUMENTATION OF PREFERENCE FOR PROSECUTION
JURISDICTION FOR VICTIMS OF SEXUAL ASSAULT.
(a) Notification to Victims of Events in Military Justice
Process.--
(1) Notification required.--A member of the Armed Forces
who is the victim of an alleged sexual assault by another
member of the Armed Forces shall receive notification of each
significant event in the military justice process that
relates to the investigation, prosecution, and confinement of
such other member for such assault.
(2) Documentation.--Appropriate documentation of each
notification made pursuant to paragraph (1) shall be created
and maintained in an appropriate system of records of the
military department concerned.
(b) Documentation of Victim's Preference for Prosecution
Jurisdiction.--In the case of a member of the Armed Forces
who is the victim of an alleged sexual assault committed by
another member of the Armed Forces who is subject to
prosecution for such offense both by court-martial under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), and by a civilian court under Federal
or State law, appropriate documentation of the preference, if
any, of such victim for prosecution of such offense by court-
martial or by a civilian court as provided for by Rule for
Courts-Martial 306(e) (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule), shall be
created and maintained in an appropriate system of records of
the military department concerned.
[[Page H9441]]
(c) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations implementing this section.
SEC. 539. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS
FOR CERTAIN MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS.
(a) In General.--Each Secretary of a military department
shall take appropriate actions to increase the number of
digital forensic examiners in each military criminal
investigative organization specified in subsection (b) under
the jurisdiction of such Secretary by not fewer than 10 from
the authorized number of such examiners for such organization
as of September 30, 2019.
(b) Military Criminal Investigative Organizations.--The
military criminal investigative organizations specified in
this subsection are the following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(c) Funding.--Funds for additional digital forensic
examiners as required by subsection (a) for fiscal year 2020,
including for compensation, initial training, and equipment,
shall be derived from amounts authorized to be appropriated
for that fiscal year for the Armed Force concerned for
operation and maintenance.
SEC. 540. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM
WITNESS ASSISTANCE PROGRAM LIAISONS.
(a) Military Criminal Investigative Services.--Not later
than one year after the date of the enactment of this Act,
the Secretary of each military department shall increase the
number of personnel assigned to the military criminal
investigative services of the department with the goal of
ensuring, to the extent practicable, that the investigation
of any sex-related offense is completed not later than six
months after the date on which the investigation is
initiated. An investigation shall be considered completed for
purposes of the preceding sentence when the active phase of
the investigation is sufficiently complete to enable the
appropriate authority to reach a decision with respect to the
disposition of charges for the sex-related offense.
(b) Victim Witness Assistance Program Liaisons.--Not later
than one year after the date of the enactment of this Act,
the Secretary of each military department shall increase the
number of personnel serving as Victim Witness Assistance
Program liaisons to address personnel shortages in the Victim
Witness Assistance Program.
(c) Rule of Construction.--Nothing in this section shall be
construed to create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
SEC. 540A. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION
AUTHORITIES ON EXERCISE OF DISPOSITION
AUTHORITY FOR SEXUAL ASSAULT AND COLLATERAL
OFFENSES.
(a) In General.--The training for sexual assault initial
disposition authorities on the exercise of disposition
authority under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), shall include
comprehensive training on the exercise of disposition
authority with respect to cases for which disposition
authority is withheld to such authorities pursuant to the
memorandum described in subsection (b) for the purpose of
promoting confidence and trust in the military justice
process with respect to such cases.
(b) Memorandum Described.--The memorandum described in this
subsection is the memorandum of the Secretary of Defense
titled ``Withholding Initial Disposition Authority Under the
Uniform Code of Military Justice in Certain Sexual Assault
Cases'' and dated April 20, 2012, or any successor
memorandum.
SEC. 540B. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON
THEIR ROLE IN ALL STAGES OF MILITARY JUSTICE IN
CONNECTION WITH SEXUAL ASSAULT.
(a) In General.--The training provided commanders in the
Armed Forces shall include comprehensive training on the role
of commanders in all stages of military justice in connection
with sexual assaults by members of the Armed Forces.
(b) Elements To Be Covered.--The training provided pursuant
to subsection (a) shall include training on the following:
(1) The role of commanders in each stage of the military
justice process in connection with sexual assault committed
by a member of the Armed Forces, including investigation and
prosecution.
(2) The role of commanders in assuring that victims of
sexual assault described in paragraph (1) are informed of,
and have the opportunity to obtain, assistance available for
victims of sexual assault by law.
(3) The role of commanders in assuring that victims of
sexual assault described in paragraph (1) are afforded the
rights and protections available to victims by law.
(4) The role of commanders in preventing retaliation
against victims, their family members, witnesses, first
responders, and bystanders for their their complaints,
statements, testimony, and status in connection with sexual
assault described in paragraph (1), including the role of
commanders in ensuring that subordinates in the command are
aware of their responsibilities in preventing such
retaliation.
(5) The role of commanders in establishing and maintaining
a healthy command climate in connection with reporting on
sexual assault described in paragraph (1), and in the
response of the commander, subordinates in the command, and
other personnel in the command to such sexual assault, such
reporting, and the military justice process in connection
with such sexual assault.
(6) Any other matters on the role of commanders in
connection with sexual assault described in paragraph (1)
that the Secretary of Defense considers appropriate for
purposes of this section.
(c) Incorporation of Best Practices.--
(1) In general.--The training provided pursuant to
subsection (a) shall incorporate best practices on all
matters covered by the training.
(2) Identification of best practices.--The Secretaries of
the military departments shall, acting through the training
and doctrine commands of the Armed Forces, undertake from
time to time surveys and other reviews of the matters covered
by the training provided pursuant to subsection (a) in order
to identify and incorporate into such training the most
current practicable best practices on such matters.
(d) Uniformity.--The Secretary of Defense shall ensure that
the training provided pursuant to subsection (a) is, to the
extent practicable, uniform across the Armed Forces.
SEC. 540C. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-RELATED
OFFENSES.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop and implement a policy to ensure the timely
disposition of nonprosecutable sex-related offenses.
(b) Nonprosecutable Sex-related Offense Defined.--In this
section, the term ``nonprosecutable sex-related offense''
means an alleged sex-related offense (as that term is defined
in section 1044e(g) of title 10, United States Code) that a
court-martial convening authority has declined to refer for
trial by a general or special court-martial under chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice), due to a determination that there is insufficient
evidence to support prosecution of the sex-related offense.
SEC. 540D. DEPARTMENT OF DEFENSE-WIDE POLICY AND MILITARY
DEPARTMENT-SPECIFIC PROGRAMS ON REINVIGORATION
OF THE PREVENTION OF SEXUAL ASSAULT INVOLVING
MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop and issue a comprehensive policy for the
Department of Defense to reinvigorate the prevention of
sexual assault involving members of the Armed Forces.
(b) Policy Elements.--
(1) In general.--The policy required by subsection (a)
shall include the following:
(A) Education and training for members of the Armed Forces
on the prevention of sexual assault.
(B) Elements for programs designed to encourage and promote
healthy relationships among members of the Armed Forces.
(C) Elements for programs designed to empower and enhance
the role of non-commissioned officers in the prevention of
sexual assault.
(D) Elements for programs to foster social courage among
members of the Armed Forces to encourage and promote
intervention in situations in order to prevent sexual
assault.
(E) Processes and mechanisms designed to address behaviors
among members of the Armed Forces that are included in the
continuum of harm that frequently results in sexual assault.
(F) Elements for programs designed to address alcohol
abuse, including binge drinking, among members of the Armed
Forces.
(G) Such other elements, processes, mechanisms, and other
matters as the Secretary of Defense considers appropriate.
(2) Continuum of harm resulting in sexual assault.--For
purposes of paragraph (1)(E), the continuum of harm that
frequently results in sexual assault includes hazing, sexual
harassment, and related behaviors (including language
choices, off-hand statements, jokes, and unconscious
attitudes or biases) that create a permissive climate for
sexual assault.
(c) Programs Required.--Not later than 180 days after the
issuance of the policy required by subsection (a), each
Secretary of a military department shall develop and
implement for each Armed Force under the jurisdiction of such
Secretary a program to reinvigorate the prevention of sexual
assaults involving members of the Armed Forces. Each program
shall include the elements, processes, mechanisms, and other
matters developed by the Secretary of Defense pursuant to
subsection (a) tailored to the requirements and circumstances
of the Armed Force or Armed Forces concerned.
SEC. 540E. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN
THE UNIFORM CODE OF MILITARY JUSTICE ON SEXUAL
HARASSMENT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing such recommendations as
the Secretary considers appropriate with respect to the
establishment of a separate punitive article in chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice), on sexual harassment.
SEC. 540F. REPORT ON MILITARY JUSTICE SYSTEM INVOLVING
ALTERNATIVE AUTHORITY FOR DETERMINING WHETHER
TO PREFER OR REFER CHANGES FOR FELONY OFFENSES
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Report Required.--
(1) In general.--Not later than 300 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth the
results of a study, conducted for purposes of the
[[Page H9442]]
report, on the feasibility and advisability of an alternative
military justice system in which determinations as to whether
to prefer or refer charges for trial by court-martial for any
offense specified in paragraph (2) is made by a judge
advocate in grade O-6 or higher who has significant
experience in criminal litigation and is outside of the chain
of command of the member subject to the charges rather than
by a commanding officer of the member who is in the chain of
command of the member.
(2) Specified offense.--An offense specified in this
paragraph is any offense under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), for which
the maximum punishment authorized includes confinement for
more than one year.
(b) Elements.--The study required for purposes of the
report under subsection (a) shall address the following:
(1) Relevant procedural, legal, and policy implications and
considerations of the alternative military justice system
described in subsection (a).
(2) An analysis of the following in connection with the
implementation and maintenance of the alternative military
justice system:
(A) Legal personnel requirements.
(B) Changes in force structure.
(C) Amendments to law.
(D) Impacts on the timeliness and efficiency of legal
processes and court-martial adjudications.
(E) Potential legal challenges to the system.
(F) Potential changes in prosecution and conviction rates.
(G) Potential impacts on the preservation of good order and
discipline, including the ability of a commander to carry out
nonjudicial punishment and other administrative actions.
(H) Such other considerations as the Secretary considers
appropriate.
(3) A comparative analysis of the military justice systems
of relevant foreign allies with the current military justice
system of the United States and the alternative military
justice system, including whether or not approaches of the
military justice systems of such allies to determinations
described in subsection (a) are appropriate for the military
justice system of the United States.
(4) An assessment of the feasibility and advisability of
conducting a pilot program to assess the feasibility and
advisability of the alternative military justice system, and,
if the pilot program is determined to be feasible and
advisable--
(A) an analysis of potential legal issues in connection
with the pilot program, including potential issues for
appeals; and
(B) recommendations on the following:
(i) The populations to be subject to the pilot program.
(ii) The duration of the pilot program.
(iii) Metrics to measure the effectiveness of the pilot
program.
(iv) The resources to be used to conduct the pilot program.
SEC. 540G. REPORT ON STANDARDIZATION AMONG THE MILITARY
DEPARTMENTS IN COLLECTION AND PRESENTATION OF
INFORMATION ON MATTERS WITHIN THE MILITARY
JUSTICE SYSTEM.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall, in consultation
with the Secretaries of the military departments, submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report setting forth the following:
(1) A plan for actions to provide for standardization, to
the extent practicable, among the military departments in the
collection and presentation of information on matters within
their military justice systems, including information
collected and maintained for purposes of section 940a of
title 10, United States Code (article 140a of the Uniform
Code of Military Justice), and such other information as the
Secretary considers appropriate.
(2) An assessment of the feasibility and advisability of
establishing and maintaining a single, Department of Defense-
wide data management system for the standardized collection
and presentation of information described in paragraph (1).
SEC. 540H. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT
POLICY ACROSS THE ARMED FORCES.
(a) Report.--Not late than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Secretaries of the military departments
and the Secretary of Homeland Security, submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth an assessment of the
feasibility and advisability of expanding the applicability
of the safe to report policy described in subsection (b) so
that the policy applies across the Armed Forces.
(b) Safe to Report Policy.--The safe to report policy
described in this subsection is the policy, currently
applicable in the Air Force alone, under which a member of
the Armed Forces who is the victim of an alleged sexual
assault committed by another member of the Armed Forces, but
who may have committed minor collateral misconduct at or
about the time of such alleged sexual assault, or whose minor
collateral misconduct at or about such time is discovered
only as a result of the investigation into such alleged
sexual assault, may report such alleged sexual assault to
proper authorities without fear or receipt of discipline in
connection with such minor collateral misconduct.
SEC. 540I. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER
DISPARITIES IN THE MILITARY JUSTICE SYSTEM.
(a) In General.--The Secretary of Defense shall provide for
the carrying out of the activities described in subsections
(b) and (c) in order to improve the ability of the Department
of Defense to detect and address racial, ethnic, and gender
disparities in the military justice system.
(b) Secretary of Defense and Related Activities.--The
activities described in this subsection are the following, to
be commenced or carried out (as applicable) by not later than
180 days after the date of the enactment of this Act:
(1) For each court-martial conducted by an Armed Force
after the date of the enactment of this Act, the Secretary of
Defense shall require the head of the Armed Force concerned--
(A) to record the race, ethnicity, and gender of the victim
and the accused, and such other demographic information about
the victim and the accused as the Secretary considers
appropriate;
(B) to include data based on the information described in
subparagraph (A) in the annual military justice reports of
the Armed Force.
(2) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall issue guidance that--
(A) establishes criteria to determine when data indicating
possible racial, ethnic, or gender disparities in the
military justice process should be further reviewed; and
(B) describes how such a review should be conducted.
(3) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall--
(A) conduct an evaluation to identify the causes of any
racial, ethnic, or gender disparities identified in the
military justice system;
(B) take steps to address the causes of any such
disparities, as appropriate.
(c) DAC-IPAD Activities.--
(1) In general.--The activities described in this
subsection are the following, to be conducted by the
independent committee DAC-IPAD:
(A) A review and assessment, by fiscal year, of the race
and ethnicity of members of the Armed Forces accused of a
penetrative sexual assault offense or contact sexual assault
offense in an unrestricted report made pursuant to Department
of Defense Instruction 6495.02, including an unrestricted
report involving a spouse or intimate partner, in all cases
completed in each fiscal year assessed.
(B) A review and assessment, by fiscal year, of the race
and ethnicity of members of the Armed Forces against whom
charges were preferred pursuant to Rule for Courts-Martial
307 for a penetrative sexual assault offense or contact
sexual assault offense in all cases completed in each fiscal
year assessed.
(C) A review and assessment, by fiscal year, of the race
and ethnicity of members of the Armed Forces who were
convicted of a penetrative sexual assault offense or contact
sexual assault offense in all cases completed in each fiscal
year assessed.
(2) Information from federal agencies.--
(A) In general.--Upon request by the chair of the
committee, a department or agency of the Federal Government
shall provide information that the committee considers
necessary to conduct reviews and assessments required by
paragraph (1), including military criminal investigation
files, charge sheets, records of trial, and personnel
records.
(B) Handling, storage, and return.--The committee shall
handle and store all records received and reviewed under this
subsection in accordance with applicable privacy laws and
Department of Defense policy, and shall return all records so
received in a timely manner.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the committee shall submit to the
Secretary of Defense, and to the Committees on Armed Services
of the Senate and the House of Representatives, a report
setting forth the results of the reviews and assessments
required by paragraph (1). The report shall include such
recommendations for legislative or administrative action as
the committee considers appropriate in light of such results.
(4) Definitions.--In this subsection:
(A) The term ``independent committee DAC-IPAD'' means the
independent committee established by the Secretary of Defense
under section 546 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3374), commonly known as
the ``DAC-IPAD''.
(B) The term ``case'' means an unrestricted report of any
penetrative sexual assault offense or contact sexual assault
offense made against a member of the Armed Forces pursuant to
Department of Defense Instruction 6495.02, including any
unrestricted report involving a spouses or intimate partner
for which an investigation has been opened by a criminal
investigative organization.
(C) The term ``completed'', with respect to a case, means
that the case was tried to verdict, dismissed without further
action, or dismissed and then resolved by non-judicial or
administrative proceedings.
(D) The term ``contact sexual assault offense'' means
aggravated sexual contact, abusive sexual contact, wrongful
sexual contact, and attempts to commit such offenses under
the Uniform Code of Military Justice.
(E) The term ``penetrative sexual assault offense'' means
rape, aggravated sexual assault, sexual assault, forcible
sodomy, and attempts to commit such offenses under the
Uniform Code of Military Justice.
SEC. 540J. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE
MILITARY JUSTICE SYSTEM.
(a) In General.--Each Secretary of a military department
shall carry out a pilot program on defense investigators
within the military justice system under the jurisdiction of
such Secretary in order to do the following:
(1) Determine whether the presence of defense investigators
within such military justice system will--
(A) make such military justice system more effective in
providing an effective defense for the accused; and
[[Page H9443]]
(B) make such military justice system more fair and
efficient.
(2) Otherwise assess the feasibility and advisability of
defense investigators as an element of such military justice
system.
(b) Elements.--
(1) Interview of victim.--A defense investigator may
question a victim under a pilot program only upon a request
made through the Special Victims' Counsel or other counsel if
the victim does not have such counsel.
(2) Uniformity across military justice systems.--The
Secretary of Defense shall ensure that the personnel and
activities of defense investigators under the pilot programs
are, to the extent practicable, uniform across the military
justice systems of the military departments.
(c) Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretaries of the military
departments, submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot programs under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of each pilot program, including the
personnel and activities of defense investigators under such
pilot program.
(B) An assessment of the feasibility and advisability of
establishing and maintaining defense investigators as an
element of the military justice systems of the military
departments.
(C) If the assessment under subparagraph (B) is that the
establishment and maintenance of defense investigators as an
element of the military justice systems of the military
departments is feasible and advisable, such recommendations
for legislative and administrative action as the Secretary of
Defense considers appropriate to establish and maintain
defense investigators as an element of the military justice
systems.
(D) Any other matters the Secretary of Defense considers
appropriate.
SEC. 540K. REPORT ON PRESERVATION OF RECOURSE TO RESTRICTED
REPORT ON SEXUAL ASSAULT FOR VICTIMS OF SEXUAL
ASSAULT FOLLOWING CERTAIN VICTIM OR THIRD-PARTY
COMMUNICATIONS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report making
findings and recommendations on the feasibility and
advisability of a policy for the Department of Defense that
would permit a victim of a sexual assault, that is or may be
investigated as a result of a communication described in
subsection (b), which victim is a member of the Armed Forces
or an adult dependent of a member of the Armed Forces, to
have the reporting on the sexual assault be treated as a
restricted report without regard to the party initiating or
receiving such communication.
(b) Communications.--A communication described in this
subsection is a communication reporting a sexual assault as
follows:
(1) By the victim to a member of the Armed Forces, whether
a commissioned officer or a noncommissioned officer, in the
chain of command of the victim or the victim's military
sponsor.
(2) By the victim to military law enforcement personnel or
personnel of a military criminal investigative organization
(MCIO).
(3) By any individual other than victim.
(c) Scope of Findings and Recommendations.--The report
required by subsection (a) may include recommendations for
new provisions of statute or regulations, or modification of
current statute or regulations, that may be required to put
into effect the findings and recommendations described in
subsection (a).
(d) Consultation.--In preparing the report required by
subsection (a), the Secretary shall consult with the Defense
Advisory Committee on Investigation, Prosecution, and Defense
of Sexual Assault in the Armed Forces (DAC-IPAD) under
section 546 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (10
U.S.C. 1561 note).
SEC. 540L. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM
PROGRAM FOR CERTAIN MILITARY DEPENDENTS WHO ARE
A VICTIM OR WITNESS OF AN OFFENSE UNDER THE
UNIFORM CODE OF MILITARY JUSTICE INVOLVING
ABUSE OR EXPLOITATION.
(a) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth an
assessment of the feasibility and advisability of
establishing a guardian ad litem program for military
dependents described in paragraph (2) who are a victim or
witness of an offense under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), that
involves an element of abuse or exploitation in order to
protect the best interests of such dependents in a court-
martial of such offense.
(2) Covered dependents.--The military dependents described
in this paragraph are as follows:
(A) Military dependents under 12 years of age.
(B) Military dependents who lack mental or other capacity.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the feasibility and advisability of
establishing a guardian ad litem program as described in
subsection (a).
(2) If establishment of the guardian ad litem program is
considered feasible and advisable, the following:
(A) A description of administrative requirements in
connection with the program, including the following:
(i) Any memoranda of understanding between the Department
of Defense and State and local authorities required for
purposes of the program.
(ii) The personnel, funding, and other resources required
for purposes of the program.
(B) Best practices for the program (as determined in
consultation with appropriate civilian experts on child
advocacy).
(C) Such recommendations for legislative and administration
action to implement the program as the Secretary considers
appropriate.
SEC. 540M. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION BY THE ARMED FORCES OF RECENT
STATUTORY REQUIREMENTS ON SEXUAL ASSAULT
PREVENTION AND RESPONSE IN THE MILITARY.
(a) Report Required.--The Comptroller General of the United
States shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report, in
writing, on a study, conducted by the Comptroller General for
purposes of the report, on the implementation by the Armed
Forces of statutory requirements on sexual assault prevention
and response in the military in the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136)
and each succeeding national defense authorization Act
through the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A list and citation of each statutory requirement
(whether codified or uncodified) on sexual assault prevention
and response in the military in each national defense
authorization Act specified in paragraph (1), including--
(A) whether such statutory requirement is still in force;
and
(B) if such statutory requirement is no longer in force,
the date of the repeal or expiration of such requirement.
(2) For each statutory requirement listed pursuant to
paragraph (1), the following:
(A) An assessment of the extent to which such requirement
was implemented, or is currently being implemented, as
applicable, by each Armed Force to which such requirement
applied or applies.
(B) A description and assessment of the actions taken by
each of the Department of Defense, the military department
concerned, and the Armed Force concerned to assess and
determine the effectiveness of actions taken pursuant to such
requirement in meeting its intended objective.
(3) Any other matters in connection with the statutory
requirements specified in subsection (a), and the
implementation of such requirements by the Armed Forces, that
the Comptroller General considers appropriate.
(c) Briefings.--Not later than May 1, 2020, the Comptroller
General shall provide to the committees referred to in
subsection (a) one or more briefings on the status of the
study required by subsection (a), including any preliminary
findings and recommendations of the Comptroller General as a
result of the study as of the date of such briefing.
SEC. 540N. SENSE OF CONGRESS ON THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias during the era in which the prosecution and convictions
of the Port Chicago 50 took place for mutiny following the
deadliest home-front disaster in World War II, in which 320
were killed on July 17, 1944, during a munitions explosion;
and
(2) in light of the well-documented challenges associated
with uniformed service by African Americans during this era,
the Secretary of the Navy should, as appropriate, recommend
executive action in favor of the 49 remaining Sailors with
general court-martial convictions and the 207 remaining
Sailors with summary court-martial convictions.
Subtitle E--Other Legal Matters
SEC. 541. IMPROVEMENT OF CERTAIN SPECIAL VICTIMS' COUNSEL
AUTHORITIES.
(a) Enhancement of Legal Consultation and Assistance in
Connection With Potential Victim Benefits.--Paragraph (8)(D)
of subsection (b) of section 1044e of title 10, United States
Code, is amended by striking ``and other'' and inserting ``,
section 1408(h) of this title, and other''.
(b) Expansion of Legal Assistance Authorized to Include
Consultation and Assistance for Retaliation.--Subsection (b)
of such section is amended further--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Legal consultation and assistance in connection with
an incident of retaliation, whether such incident occurs
before, during, or after the conclusion of any criminal
proceedings, including--
``(A) in understanding the rights and protections afforded
to victims of retaliation;
``(B) in the filing of complaints; and
``(C) in any resulting military justice proceedings.''.
(c) Staffing Caseload Levels.--Such section is further
amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Staffing Caseload Levels.--Commencing not later than
four years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, each
Secretary concerned shall ensure that the number of Special
Victims' Counsel serving in each military department (and
with respect to the Coast Guard) is sufficient to ensure that
the average
[[Page H9444]]
caseload of a Special Victims' Counsel does not exceed, to
the extent practicable, 25 cases any given time.''.
SEC. 542. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AT
MILITARY INSTALLATIONS.
(a) Deadline for Availability.--Section 1044e(f) of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(4)(A) Subject to subparagraph (B), if a Special Victims'
Counsel is not available at a military installation for
access by a member of the armed forces who requests access to
a Special Victims' Counsel, a Special Victims' Counsel shall
be made available at such installation for access by such
member by not later than 72 hours after such request.
``(B) If the Secretary concerned determines that, due to
exigent circumstances related to military activities, a
Special Victims' Counsel cannot be made available to a member
of the armed forces within the time period required by
subparagraph (A), the Secretary concerned shall ensure that a
Special Victims' Counsel is made available to such member as
soon as is practical under such circumstances.''.
(b) Report on Civilian Support of SVCs.--Not later than 180
days after the date of the enactment of this Act, each
Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the assessment of such
Secretary of the feasibility and advisability of establishing
and maintaining for each Special Victims' Counsel under the
jurisdiction of such Secretary one or more civilian positions
for the purpose of--
(1) providing support to such Special Victims' Counsel; and
(2) ensuring continuity and the preservation of
institutional knowledge in transitions between the service of
individuals as such Special Victims' Counsel.
SEC. 543. NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE
ORDER TO CIVILIAN LAW ENFORCEMENT.
(a) Notification of Issuance.--Section 1567a of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``and any individual
involved in the order does not reside on a military
installation at any time during the duration of the military
protective order, the commander of the military installation
shall notify'' and inserting ``, the commander of the unit to
which the member is assigned shall, not later than seven days
after the date of the issuance of the order, notify'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b);
``(b) Notification in Event of Transfer.--In the event that
a member of the armed forces against whom a military
protective order is issued is transferred to another unit--
``(1) not later than the date of the transfer, the
commander of the unit from which the member is transferred
shall notify the commander of the unit to which the member is
transferred of--
``(A) the issuance of the protective order; and
``(B) the individuals involved in the order; and
``(2) not later than seven days after receiving the notice
under paragraph (1), the commander of the unit to which the
member is transferred shall provide notice of the order to
the appropriate civilian authorities in accordance with
subsection (a).''; and
(4) in subsection (c), as so redesignated, by striking
``commander of the military installation'' and inserting
``commander of the unit to which the member is assigned''.
(b) Annual Report Required.--Not later than March 1, 2021,
and each year thereafter through 2025, the Secretary of
Defense shall submit to the congressional defense committees
a report that identifies--
(1) the number of military protective orders issued in the
calendar year preceding the year in which the report is
submitted; and
(2) the number of such orders that were reported to
appropriate civilian authorities in accordance with section
1567a(a) of title 10, United States Code, in such preceding
year.
SEC. 544. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF
CERTAIN ACCREDITED INSTITUTIONS.
Section 105 of title 17, United States Code, is amended--
(1) by inserting ``(a) In general.--'' before
``Copyright''; and
(2) by adding at the end the following:
``(b) Copyright Protection of Certain of Works.--Subject to
subsection (c), the covered author of a covered work owns the
copyright to that covered work.
``(c) Use by Federal Government.--The Secretary of Defense
may direct the covered author of a covered work to provide
the Federal Government with an irrevocable, royalty-free,
world-wide, nonexclusive license to reproduce, distribute,
perform, or display such covered work for purposes of the
United States Government.
``(c) Definitions.--In this section:
``(1) The term `covered author' means a civilian member of
the faculty of a covered institution.
``(2) The term `covered institution' means the following:
``(A) National Defense University.
``(B) United States Military Academy.
``(C) Army War College.
``(D) United States Army Command and General Staff College.
``(E) United States Naval Academy.
``(F) Naval War College.
``(G) Naval Post Graduate School.
``(H) Marine Corps University.
``(I) United States Air Force Academy.
``(J) Air University.
``(K) Defense Language Institute.
``(L) United States Coast Guard Academy.
``(3) The term `covered work' means a literary work
produced by a covered author in the course of employment at a
covered institution for publication by a scholarly press or
journal.''.
SEC. 545. TERMINATION OF LEASES OF PREMISES AND MOTOR
VEHICLES OF SERVICEMEMBERS WHO INCUR
CATASTROPHIC INJURY OR ILLNESS OR DIE WHILE IN
MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Subsection (a) of
section 305 of the Servicemembers Civil Relief Act (50 U.S.C.
3955), as amended by section 301 of the Veterans Benefits and
Transition Act of 2018 (Public Law 115-407), is further
amended by adding at the end the following new paragraph:
``(4) Catastrophic injury or illness of lessee.--The spouse
of the lessee on a lease described in subsection (b) may
terminate the lease during the one-year period beginning on
the date on which the lessee incurs a catastrophic injury or
illness (as that term is defined in section 439(g) of title
37, United States Code), if the lessee incurs the
catastrophic injury or illness during a period of military
service or while performing full-time National Guard duty,
active Guard and Reserve duty, or inactive-duty training (as
such terms are defined in section 101(d) of title 10, United
States Code).''.
(b) Deaths.--Paragraph (3) of such subsection is amended by
striking ``in subsection (b)(1)'' and inserting ``in
subsection (b)''.
SEC. 546. MILITARY ORDERS REQUIRED FOR TERMINATION OF LEASES
PURSUANT TO THE SERVICEMEMBERS CIVIL RELIEF
ACT.
Section 305(i) of the Servicemembers Civil Relief Act (50
U.S.C. 3955) is amended--
(1) in paragraph (1), by inserting ``(including orders for
separation or retirement)'' after ``official military
orders''; and
(2) by adding at the end the following new paragraph:
``(3) Permanent change of station.--The term `permanent
change of station' includes separation or retirement from
military service.''.
SEC. 547. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 802(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 4042(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) be a representative party on behalf of members of a
class or be a member of a class, in accordance with the
Federal Rules of Civil Procedure, notwithstanding any
previous agreement to the contrary.''.
(b) Construction.--The amendments made by subsection (a)
shall not be construed to imply that a person aggrieved by a
violation of such Act did not have a right to bring a civil
action as a representative party on behalf of members of a
class or be a member of a class in a civil action before the
date of the enactment of this Act.
SEC. 548. LEGAL COUNSEL FOR VICTIMS OF ALLEGED DOMESTIC
VIOLENCE OFFENSES.
(a) In General.--Not later than December 1, 2020, the
Secretary of Defense shall carry out a program to provide
legal counsel (referred to in this section as ``Counsel'') to
victims of alleged domestic violence offenses who are
otherwise eligible for military legal assistance under
section 1044 of title 10, United States Code.
(b) Form of Implementation.--The program required under
subsection (a) may be carried out as part of another program
of the Department of Defense or through the establishment of
a separate program.
(c) Training and Terms.--The Secretary of Defense shall
ensure that Counsel--
(1) receive specialized training in legal issues commonly
associated with alleged domestic violence offenses; and
(2) to the extent practicable, serve as Counsel for a
period of not less than 2 years.
(d) Attorney-client Relationship.--The relationship between
a Counsel and a victim in the provision of legal advice and
assistance shall be the relationship between an attorney and
client.
(e) Paralegal Support.--The Secretary of Defense shall
ensure that sufficient trained paralegal support is provided
to Counsel under the program.
(f) Report Required.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the implementation
of the program under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A description and assessment of the manner in which the
Department of Defense will implement the program required
under subsection (a).
(B) An explanation of whether the program will be carried
out as part of another program of the Department or through
the establishment of a separate program.
(C) A comprehensive description of the additional
personnel, resources, and training that will be required to
implement the program, including identification of the
specific number of additional billets that will be needed to
staff the program.
(D) Recommendations for any modifications to law that may
be necessary to effectively and efficiently implement the
program.
[[Page H9445]]
(g) Alleged Domestic Violence Offense Defined.--In this
section, the term ``alleged domestic violence offense'' means
any allegation of--
(1) a violation of section 928(b), 928b(1), 928b(5), or 930
of title 10, United States Code (article 128(b), 128b(1),
128b(5), or 130 of the Uniform Code of Military Justice),
when committed against a spouse, intimate partner, or
immediate family member;
(2) a violation of any other provision of subchapter X of
chapter 47 of such title (the Uniform Code of Military
Justice), when committed against a spouse, intimate partner,
or immediate family member; or
(3) an attempt to commit an offense specified in paragraph
(1) or (2) as punishable under section 880 of such title
(article 80 of the Uniform Code of Military Justice).
SEC. 549. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF
PENDENCY OF FURTHER ADMINISTRATIVE ACTION
FOLLOWING A DETERMINATION NOT TO REFER TO TRIAL
BY COURT-MARTIAL.
Under regulations prescribed by the Secretary of Defense,
upon a determination not to refer a case of alleged sexual
assault for trial by court-martial under chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), the commander making such determination shall
periodically notify the victim of the status of a final
determination on further action on such case, whether non-
judicial punishment under section 815 of such title (article
15 of the Uniform Code of Military Justice), other
administrative action, or no further action. Such
notifications shall continue not less frequently than monthly
until such final determination.
SEC. 550. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER
PROGRAM FOR CERTAIN PURPOSES.
(a) Treatment Under FOIA.--Victim disclosures under the
Catch a Serial Offender Program shall be withheld from public
disclosure under paragraph (b)(3) of section 552 of title 5,
United States Code (commonly referred to as the ``Freedom of
Information Act'').
(b) Preservation of Restricted Report.--The transmittal or
receipt in connection with the Catch a Serial Offender
Program of a report on a sexual assault that is treated as a
restricted report shall not operate to terminate its
treatment or status as a restricted report.
SEC. 550A. POLICIES AND PROCEDURES ON REGISTRATION AT
MILITARY INSTALLATIONS OF CIVILIAN PROTECTIVE
ORDERS APPLICABLE TO MEMBERS OF THE ARMED
FORCES ASSIGNED TO SUCH INSTALLATIONS AND
CERTAIN OTHER INDIVIDUALS.
(a) Policies and Procedures Required.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall, in consultation with the
Secretaries of the military departments, establish policies
and procedures for the registration at military installations
of any civilian protective orders described in subsection
(b), including the duties and responsibilities of commanders
of installations in the registration process.
(b) Civilian Protective Orders.--A civilian protective
order described in this subsection is any civilian protective
order as follows:
(1) A civilian protective order against a member of the
Armed Forces assigned to the installation concerned.
(2) A civilian protective order against a civilian employee
employed at the installation concerned.
(3) A civilian protective order against the civilian spouse
or intimate partner of a member of the Armed Forces on active
duty and assigned to the installation concerned, or of a
civilian employee described in paragraph (2), which order
provides for the protection of such member or employee.
(c) Particular Elements.--The policies and procedures
required by subsection (a) shall include the following:
(1) A requirement for notice between and among the
commander, military law enforcement elements, and military
criminal investigative elements of an installation when a
member of the Armed Forces assigned to such installation, a
civilian employee employed at such installation, a civilian
spouse or intimate partner of a member assigned to such
installation, or a civilian spouse or intimate partner of a
civilian employee employed at such installation becomes
subject to a civilian protective order.
(2) A statement of policy that failure to register a
civilian protective order may not be a justification for the
lack of enforcement of such order by military law enforcement
and other applicable personnel who have knowledge of such
order.
(d) Letter.--As soon as practicable after establishing the
policies and procedures required by subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a letter that
includes the following:
(1) A detailed description of the policies and procedures.
(2) A certification by the Secretary that the policies and
procedures have been implemented on each military
installation.
SEC. 550B. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF
SEXUAL MISCONDUCT.
(a) Establishment Required.--
(1) In general.--The Secretary of Defense shall establish
and maintain within the Department of Defense an advisory
committee to be known as the ``Defense Advisory Committee for
the Prevention of Sexual Misconduct'' (in this section
referred to as the ``Advisory Committee'').
(2) Deadline for establishment.--The Secretary shall
establish the Advisory Committee not later than one year
after the date of the enactment of this Act.
(b) Membership.--
(1) In general.--The Advisory Committee shall consist of
not more than 20 members, appointed by the Secretary from
among individuals who have an expertise appropriate for the
work of the Advisory Committee, including at least one
individual with each expertise as follows:
(A) Expertise in the prevention of sexual assault and
behaviors on the sexual assault continuum of harm.
(B) Expertise in adverse behaviors, including the
prevention of suicide and the prevention of substance abuse.
(C) Expertise in the change of culture of large
organizations.
(D) Expertise in implementation science.
(2) Background of individuals.--Individuals appointed to
the Advisory Committee may include individuals with expertise
in sexual assault prevention efforts of institutions of
higher education, public health officials, and such other
individuals as the Secretary considers appropriate.
(3) Prohibition on membership of members of armed forces on
active duty.--A member of the Armed Forces serving on active
duty may not serve as a member of the Advisory Committee.
(c) Duties.--
(1) In general.--The Advisory Committee shall advise the
Secretary on the following:
(A) The prevention of sexual assault (including rape,
forcible sodomy, other sexual assault, and other sexual
misconduct (including behaviors on the sexual assault
continuum of harm)) involving members of the Armed Forces.
(B) The policies, programs, and practices of each military
department, each Armed Force, and each military service
academy for the prevention of sexual assault as described in
subparagraph (A).
(2) Basis for provision of advice.--For purposes of
providing advice to the Secretary pursuant to this
subsection, the Advisory Committee shall review, on an
ongoing basis, the following:
(A) Closed cases involving allegations of sexual assault
described in paragraph (1).
(B) Efforts of institutions of higher education to prevent
sexual assault among students.
(C) Any other information or matters that the Advisory
Committee or the Secretary considers appropriate.
(3) Coordination of efforts.--In addition to the reviews
required by paragraph (2), for purposes of providing advice
to the Secretary the Advisory Committee shall also consult
and coordinate with the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces (DAC-IPAD) on matters of joint interest to
the two Advisory Committees.
(d) Annual Report.--Not later than March 30 each year, the
Advisory Committee shall submit to the Secretary and the
Committees on Armed Services of the Senate and the House of
Representatives a report on the activities of the Advisory
Committee pursuant to this section during the preceding year.
(e) Sexual Assault Continuum of Harm.--In this section, the
term ``sexual assault continuum of harm'' includes--
(1) inappropriate actions (such as sexist jokes), sexual
harassment, gender discrimination, hazing, cyber bullying, or
other behavior that contributes to a culture that is tolerant
of, or increases risk for, sexual assault; and
(2) maltreatment or ostracism of a victim for a report of
sexual misconduct.
(f) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Committee shall terminate on the date that is five
years after the date of the establishment of the Advisory
Committee pursuant to subsection (a).
(2) Continuation.--The Secretary of Defense may continue
the Advisory Committee after the termination date applicable
under paragraph (1) if the Secretary determines that
continuation of the Advisory Committee after that date is
advisable and appropriate. If the Secretary determines to
continue the Advisory Committee after that date, the
Secretary shall notify the Committees on the Armed Services
of the Senate and House of Representatives.
SEC. 550C. TRAINING FOR SPECIAL VICTIMS' COUNSEL ON CIVILIAN
CRIMINAL JUSTICE MATTERS IN THE STATES OF THE
MILITARY INSTALLATIONS TO WHICH ASSIGNED.
(a) Training.--
(1) In general.--Except as provided in subsection (c), upon
the assignment of a Special Victims' Counsel (including a
Victim Legal Counsel of the Navy) to a military installation
in the United States, such Counsel shall be provided
appropriate training on the law and policies of the State or
States in which such military installation is located with
respect to the criminal justice matters specified in
paragraph (2). The purpose of the training is to assist such
Counsel in providing victims of alleged sex-related offenses
with information necessary to make an informed decision
regarding preference as to the jurisdiction (whether court-
martial or State court) in which such offenses will be
prosecuted.
(2) Criminal justice matters.--The criminal justice matters
specified in this paragraph, with respect to a State, are the
following:
(A) Victim rights.
(B) Prosecution of criminal offenses.
(C) Sentencing for conviction of criminal offenses.
(D) Protective orders.
(b) Alleged Sex-related Offense Defined.--In this section,
the term ``alleged sex-related offense'' means any allegation
of--
(1) a violation of section 920, 920b, 920c, or 930 of title
10, United States Code (article 120, 120b, 120c, or 130 of
the Uniform Code of Military Justice); or
(2) an attempt to commit an offense specified in a
paragraph (1) as punishable under section
[[Page H9446]]
880 of title 10, United States Code (article 80 of the
Uniform Code of Military Justice).
(c) Exception.--The requirements of this section do not
apply to a Special Victims' Counsel of the Coast Guard.
SEC. 550D. ENHANCING THE CAPABILITY OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS TO PREVENT AND
COMBAT CHILD SEXUAL EXPLOITATION.
(a) In General.--Beginning not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall establish and carry out an initiative to
enhance the capability of military criminal investigative
organizations to prevent and combat child sexual
exploitation.
(b) Activities.--In establishing and carrying out the
initiative under subsection (a), the Secretary of Defense
may--
(1) work with internal and external functional experts to
train the personnel of military criminal investigative
organizations across the Department regarding--
(A) technologies, tools, and techniques, including digital
forensics, to enhance the investigation of child sexual
exploitation; and
(B) evidence-based forensic interviewing of child victims,
and the referral of child victims for trauma-informed mental
and medical health care, and other treatment and support
services;
(2) to the extent authorized by law, collaborate with
Federal, State, local, and other civilian law enforcement
agencies on issues relating to child sexual exploitation,
including by--
(A) participating in task forces established by such
agencies for the purpose of preventing and combating child
sexual exploitation;
(B) establishing cooperative agreements to facilitate co-
training and collaboration with such agencies; and
(C) ensuring that streamlined processes for the referral of
child sexual exploitation cases to other agencies and
jurisdictions, as appropriate, are fully operational;
(3) as appropriate, assist in educating the military
community on the prevention and response to child sexual
exploitation; and
(4) carry out such other activities as the Secretary
determines to be relevant.
SEC. 550E. FEASIBILITY STUDY ON ESTABLISHMENT OF DATABASE OF
MILITARY PROTECTIVE ORDERS.
(a) Study.--The Secretary of Defense shall conduct a study
on the feasibility of establishing a database of military
protective orders issued by military commanders against
individuals suspected of having committed an offense of
domestic violence under section 928b of title 10, United
States Code (article 128b of the Uniform Code of Military
Justice). The study shall include an examination of each of
the following:
(1) The feasibility of creating a database to record,
track, and report such military protective orders to the
National Instant Criminal Background Check System.
(2) The feasibility of establishing a process by which a
military judge or magistrate may issue a protective order
against an individual suspected of having committed such an
offense.
(3) How the database and process described in paragraphs
(1) and (2), respectively, may differ from analogous civilian
databases and processes, including with regard to due process
and other procedural protections.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
results of the study conducted under subsection (a).
SEC. 550F. GAO REVIEW OF USERRA AND SCRA.
(a) Report Required.--Not later than January 31, 2021, the
Comptroller General of the United States shall conduct a
review and submit a report to the Committees on Armed
Services of the Senate and House of Representatives regarding
what the Comptroller General determines are the effects of
the common commercial and governmental practices of including
a mandatory arbitration clause in employment and consumer
agreements, on the ability of servicemembers to assert claims
under and secure redress for violations of--
(1) chapter 43 of title 38, United States Code (commonly
referred to as the ``Uniformed Services Employment and
Reemployments Rights Act of 1994'' and referred to in this
section as ``USERRA''); and
(2) the Servicemembers Civil Relief Act (50 U.S.C. 3901 et
seq. (referred to in this section as ``SCRA'')).
(b) Elements.--The report under this section shall include
the following:
(1) Each process by which a servicemember may assert a
claim under USERRA or SCRA, including--
(A) administrative assistance;
(B) support, and dispute resolution processes provided by
Federal and State agencies;
(C) arbitration; and
(D) litigation.
(2) With regards to each process identified under paragraph
(1), an evaluation of--
(A) the flexibility the process affords to the
servicemember and other parties to the process;
(B) the burden on the servicemember and other parties to
the process;
(C) the financial cost of the process to the servicemember
and the other parties;
(D) the speed of each process, including the rate at which
each claim pursued under such process is resolved;
(E) the confidentiality of each process; and
(F) the effects of the process.
(3) Based on data regarding the results of past actions to
enforce servicemember rights and benefits under USERRA and
SCRA, including data of the Departments of Defense and Labor
regarding dispute resolution under USERRA and data of the
Department of Justice regarding litigation under SCRA--
(A) an analysis of the extent to which each of the
processes identified in paragraph (1) has been employed to
address claims under USERRA or SCRA and
(B) the extent to which each such process achieved a final
disposition favorable to the servicemember.
(4) An assessment of general societal trends in the use of
mandatory arbitration clauses in employment and consumer
agreements, including any trend in a specific industry or
employment sector that relies on mandatory arbitration in
such contracts and agreements.
(5) An assessment and explanation of any effect--
(A) of the use of mandatory arbitration clauses in
employment or consumer agreements on military readiness and
deployability.
(B) of USERRA or SCRA on the willingness of employers to
employ, and consumer service businesses to provide services
to servicemembers and their families.
Subtitle F--Member Education
SEC. 551. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF
THE ARMED FORCES AS STUDENTS AT LAW SCHOOLS.
(a) In General.--Section 2004 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting ``and enlisted members'' after
``commissioned officers'';
(B) by striking ``bachelor of laws or''; and
(C) by inserting ``and enlisted members'' after ``twenty-
five officers'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``or enlisted member'' after ``officer'';
(B) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) either--
``(A) have served on active duty for a period of not less
than two years nor more than six years and be an officer in
the pay grade O-3 or below as of the time the training is to
begin; or
``(B) have served on active duty for a period of not less
than four years nor more than eight years and be an enlisted
member in the pay grade E-5, E-6, or E-7 as of the time the
training is to begin;'';
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1), as amended by
subparagraph (B), the following new paragraph (2):
``(2) in the case of an enlisted member, meet all
requirements for acceptance of a commission as a commissioned
officer in the armed forces; and''; and
(E) in subparagraph (B) of paragraph (3), as redesignated
by subparagraph (C) of this paragraph, by striking ``or law
specialist'';
(3) in subsection (c)--
(A) in the first sentence, by inserting ``and enlisted
members'' after ``Officers''; and
(B) in the second sentence, by inserting ``or enlisted
member'' after ``officer'' each place it appears;
(4) in subsection (d), by inserting ``and enlistment
members'' after ``officers'';
(5) in subsection (e), by inserting ``or enlistment
member'' after ``officer''; and
(6) in subsection (f), by inserting ``or enlisted member''
after ``officer''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2004. Detail as students at law schools; commissioned
officers; certain enlisted members''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by striking
the item relating to section 2004 and inserting the following
new item:
``2004. Detail as students at law schools; commissioned officers;
certain enlisted members.''.
SEC. 552. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE
STARBASE PROGRAM.
Section 2193b of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``and the Secretary of
the Department in which the Coast Guard is operating'' after
``military departments''; and
(2) in subsection (f), by striking ``and the Secretaries of
the military departments'' and inserting ``, the Secretaries
of the military departments, and the Secretary of the
Department in which the Coast Guard is operating''.
SEC. 553. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY
ARMAMENT GRADUATE SCHOOL; LIMITATION ON
ESTABLISHMENT OF CERTAIN EDUCATIONAL
INSTITUTIONS.
(a) Degree Granting Authority for United States Army
Armament Graduate School.--
(1) In general.--Chapter 751 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7422. Degree granting authority for United States Army
Armament Graduate School
``(a) Authority.--Under regulations prescribed by the
Secretary of the Army, the Chancellor of the United States
Army Armament Graduate School may, upon the recommendation of
the faculty and provost of the school, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army Armament Graduate School is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree, as determined by
the Secretary of Education.
[[Page H9447]]
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives--
``(A) a copy of the self-assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Army Armament
Graduate School to award any new or existing degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7422. Degree granting authority for United States Army Armament
Graduate School.''.
(b) Limitation.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2017. Limitation on establishment of postsecondary
educational institutions pending notice to Congress
``(a) Limitation.--The Secretary of Defense may not
establish a postsecondary educational institution within the
Department of Defense until a period of one year has elapsed
following the date on which the Secretary notifies the
congressional defense committees of the intent of the
Secretary to establish the institution.
``(b) Postsecondary Educational Institution Defined.--In
this section, the term `postsecondary educational
institution' means a school or other educational institution
that is intended to provide students with a course of
instruction that is comparable, in length and academic rigor,
to a course of instruction for which an associate's,
bachelor's, or graduate degree may be awarded.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2017. Limitation on establishment of postsecondary educational
institutions pending notice to Congress.''.
(3) Applicability.--Section 2017 of title 10, United States
Code, as added by paragraph (1), shall apply with respect to
postsecondary educational institutions intended to be
established by the Secretary of Defense on or after the date
of the enactment of this Act.
SEC. 554. PROHIBITION ON OFF-DUTY EMPLOYMENT FOR CADETS AND
MIDSHIPMEN COMPLETING OBLIGATED SERVICE AFTER
GRADUATION.
(a) Military Academy.--Section 7448(a)(5)(A) of title 10,
United States Code, is amended by inserting ``or seek or
accept approval for off-duty employment while completing the
cadet's commissioned service obligation'' before ``to obtain
employment''.
(b) Naval Academy.--Section 8459(a)(5)(A) of title 10,
United States Code, is amended by inserting ``or seek or
accept approval for off-duty employment while completing the
midshipman's commissioned service obligation'' before ``to
obtain employment''.
(c) Air Force Academy.--Section 9448(a)(5)(A) of title 10,
United States Code, is amended by inserting ``or seek or
accept approval for off-duty employment while completing the
cadet's commissioned service obligation'' before ``to obtain
employment''.
SEC. 555. CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET OR
MIDSHIPMAN AT A MILITARY SERVICE ACADEMY WHO IS
THE VICTIM OF A SEXUAL ASSAULT OR RELATED
OFFENSE.
(a) United States Military Academy.--Section 7461 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(e) Consideration of Request for Transfer of a Cadet Who
Is the Victim of a Sexual Assault or Related Offense.--(1)
The Secretary of the Army shall provide for timely
consideration of and action on a request submitted by a cadet
appointed to the United States Military Academy who is the
victim of an alleged sexual assault or other offense covered
by section 920, 920c, or 930 of this title (article 120,
120c, or 130 of the Uniform Code of Military Justice) for
transfer to another military service academy or to enroll in
a Senior Reserve Officers' Training Corps program affiliated
with another institution of higher education.
``(2) The Secretary of the Army shall prescribe regulations
to carry out this subsection, within guidelines provided by
the Secretary of Defense that--
``(A) provide that the Superintendent of the United States
Military Academy shall ensure that any cadet who has been
appointed to the United States Military Academy and who is a
victim of an alleged sexual assault or other offense referred
to in paragraph (1), is informed of the right to request a
transfer pursuant to this section, and that any formal
request submitted by a cadet is processed as expeditiously as
practicable through the chain of command for review and
action by the Superintendent;
``(B) direct the Superintendent of the United States
Military Academy, in coordination with the Superintendent of
the military service academy to which the cadet requests to
transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
``(iii) upon approval of such request, to take all
necessary and appropriate action to effectuate the transfer
of the cadet to the military service academy concerned as
expeditiously as possible; and
``(C) direct the Superintendent of the United States
Military Academy, in coordination with the Secretary of the
military department that sponsors the Senior Reserve
Officers' Training Corps program at the institution of higher
education to which the cadet requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) subject to the cadet's acceptance for admission to
the institution of higher education to which the cadet wishes
to transfer, to approve such request for transfer unless
there are exceptional circumstances that require denial of
the application; and
``(iii) to take all necessary and appropriate action to
effectuate the cadet's enrollment in the institution of
higher education to which the cadet wishes to transfer and to
process the cadet for participation in the relevant Senior
Reserve Officers' Training Corps program as expeditiously as
possible.
``(3) If the Superintendent of the United States Military
Academy denies a request for transfer under this subsection,
the cadet may request review of the denial by the Secretary
of the Army, who shall take action on such request not later
than 72 hours after receipt of the formal request for review.
``(4) The Secretary concerned shall ensure that all records
of any request, determination, transfer, or other action
under this subsection remain confidential, consistent with
applicable law and regulation.
``(5) A cadet who transfers under this subsection may
retain the cadet's appointment to the United States Military
Academy or may be appointed to the military service academy
to which the cadet transfers without regard to the
limitations and requirements set forth in sections 7442,
8454, and 9442 of this title.''.
(b) United States Naval Academy.--Section 8480 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(e) Consideration of Request for Transfer of a Midshipman
Who Is the Victim of a Sexual Assault or Related Offense.--
(1) The Secretary of the Navy shall provide for timely
consideration of and action on a request submitted by a
midshipman appointed to the United States Naval Academy who
is the victim of an alleged sexual assault or other offense
covered by section 920, 920c, or 930 of this title (article
120, 120c, or 130 of the Uniform Code of Military Justice)
for transfer to another military service academy or to enroll
in a Senior Reserve Officers' Training Corps program
affiliated with another institution of higher education.
``(2) The Secretary of the Navy shall prescribe regulations
to carry out this subsection, within guidelines provided by
the Secretary of Defense that--
``(A) provide that the Superintendent of the United States
Naval Academy shall ensure that any midshipman who has been
appointed to the United States Naval Academy and who is a
victim of an alleged sexual assault or other offense referred
to in paragraph (1), is informed of the right to request a
transfer pursuant to this section, and that any formal
request submitted by a midshipman is processed as
expeditiously as practicable through the chain of command for
review and action by the Superintendent;
``(B) direct the Superintendent of the United States Naval
Academy, in coordination with the Superintendent of the
military service academy to which the midshipman requests to
transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the midshipman;
``(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
``(iii) upon approval of such request, to take all
necessary and appropriate action to effectuate the transfer
of the midshipman to the military service academy concerned
as expeditiously as possible; and
``(C) direct the Superintendent of the United States Naval
Academy, in coordination with the Secretary of the military
department that sponsors the Senior Reserve Officers'
Training Corps program at the institution of higher education
to which the midshipman requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the midshipman;
``(ii) subject to the midshipman's acceptance for admission
to the institution of higher education to which the
midshipman wishes to transfer, to approve such request for
transfer unless there are exceptional circumstances that
require denial of the application; and
``(iii) to take all necessary and appropriate action to
effectuate the midshipman's enrollment in the institution of
higher education to which the midshipman wishes to transfer
and to
[[Page H9448]]
process the midshipman for participation in the relevant
Senior Reserve Officers' Training Corps program as
expeditiously as possible.
``(3) If the Superintendent of the United States Naval
Academy denies a request for transfer under this subsection,
the midshipman may request review of the denial by the
Secretary of the Navy, who shall take action on such request
not later than 72 hours after receipt of the formal request
for review.
``(4) The Secretary concerned shall ensure that all records
of any request, determination, transfer, or other action
under this subsection remain confidential, consistent with
applicable law and regulation.
``(5) A midshipman who transfers under this subsection may
retain the midshipman's appointment to the United States
Naval Academy or may be appointed to the military service
academy to which the midshipman transfers without regard to
the limitations and requirements set forth in sections 7442,
8454, and 9442 of this title.''.
(c) United States Air Force Academy.--Section 9461 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(e) Consideration of Request for Transfer of a Cadet Who
Is the Victim of a Sexual Assault or Related Offense.--(1)
The Secretary of the Air Force shall provide for timely
consideration of and action on a request submitted by a cadet
appointed to the United States Air Force Academy who is the
victim of an alleged sexual assault or other offense covered
by section 920, 920c, or 930 of this title (article 120,
120c, or 130 of the Uniform Code of Military Justice) for
transfer to another military service academy or to enroll in
a Senior Reserve Officers' Training Corps program affiliated
with another institution of higher education.
``(2) The Secretary of the Air Force shall prescribe
regulations to carry out this subsection, within guidelines
provided by the Secretary of Defense that--
``(A) provide that the Superintendent of the United States
Air Force Academy shall ensure that any cadet who has been
appointed to the United States Air Force Academy and who is a
victim of an alleged sexual assault or other offense referred
to in paragraph (1), is informed of the right to request a
transfer pursuant to this section, and that any formal
request submitted by a cadet is processed as expeditiously as
practicable through the chain of command for review and
action by the Superintendent;
``(B) direct the Superintendent of the United States Air
Force Academy, in coordination with the Superintendent of the
military service academy to which the cadet requests to
transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
``(iii) upon approval of such request, to take all
necessary and appropriate action to effectuate the transfer
of the cadet to the military service academy concerned as
expeditiously as possible; and
``(C) direct the Superintendent of the United States Air
Force Academy, in coordination with the Secretary of the
military department that sponsors the Senior Reserve
Officers' Training Corps program at the institution of higher
education to which the cadet requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) subject to the cadet's acceptance for admission to
the institution of higher education to which the cadet wishes
to transfer, to approve such request for transfer unless
there are exceptional circumstances that require denial of
the application; and
``(iii) to take all necessary and appropriate action to
effectuate the cadet's enrollment in the institution of
higher education to which the cadet wishes to transfer and to
process the cadet for participation in the relevant Senior
Reserve Officers' Training Corps program as expeditiously as
possible.
``(3) If the Superintendent of the United States Air Force
Academy denies a request for transfer under this subsection,
the cadet may request review of the denial by the Secretary
of the Air Force, who shall take action on such request not
later than 72 hours after receipt of the formal request for
review.
``(4) The Secretary concerned shall ensure that all records
of any request, determination, transfer, or other action
under this subsection remain confidential, consistent with
applicable law and regulation.
``(5) A cadet who transfers under this subsection may
retain the cadet's appointment to the United States Air Force
Academy or may be appointed to the military service academy
to which the cadet transfers without regard to the
limitations and requirements set forth in sections 7442,
8454, and 9442 of this title.''.
SEC. 556. REDESIGNATION OF THE COMMANDANT OF THE UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY AS THE
DIRECTOR AND CHANCELLOR OF SUCH INSTITUTE.
(a) Redesignation.--Section 9414b(a) of title 10, United
States Code, is amended--
(1) in the subsection heading, by striking ``Commandant''
and inserting ``Director and Chancellor'';
(2) by striking ``Commandant'' each place it appears and
inserting ``Director and Chancellor''; and
(3) in the heading of paragraph (3), by striking
``Commandant'' and inserting ``Director and Chancellor''.
(b) Conforming Amendments.--Section 9414(f) of such title
is amended by striking ``Commandant'' both places it appears
and inserting ``Director and Chancellor''.
(c) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Commandant of the United States Air Force Institute of
Technology shall be deemed to be a reference to the Director
and Chancellor of the United States Air Force Institute of
Technology.
SEC. 557. ELIGIBILITY OF ADDITIONAL ENLISTED MEMBERS FOR
ASSOCIATE DEGREE PROGRAMS OF THE COMMUNITY
COLLEGE OF THE AIR FORCE.
Section 9415(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) Enlisted members of the armed forces other than the
Air Force who are participating in Community College of the
Air Force affiliated joint-service training and education
courses.''.
SEC. 558. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service
academy shall provide testing for speech disorders to
incoming cadets or midshipmen under the jurisdiction of that
Superintendent.
(b) No Effect on Admission.--The testing under subsection
(a) may not have any effect on admission to a military
service academy.
(c) Results.--The Superintendent shall provide each cadet
or midshipman under the jurisdiction of that Superintendent
the result of the testing under subsection (a) and a list of
warfare unrestricted line officer positions and occupation
specialities that require successful performance on the
speech test.
(d) Therapy.--The Superintendent shall furnish speech
therapy to a cadet or midshipman under the jurisdiction of
that Superintendent at the election of the cadet or
midshipman.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries of the military
departments shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a joint report
that includes the following:
(1) The number of cadets or midshipmen with an identified
speech disorder in each military service academy.
(2) A list of the health care and administrative resources
related to speech disorders available to cadets and
midshipmen described in paragraph (1).
(3) A list of positions and specialties described in
subsection (c) pursued by the cadets and midshipmen described
in paragraph (1) at the time of graduation.
SEC. 559. REQUIREMENT TO CONTINUE PROVISION OF TUITION
ASSISTANCE FOR MEMBERS OF THE ARMED FORCES.
The Secretary of each military department shall carry out
tuition assistance programs for members of an Armed Force
under the jurisdiction of that Secretary during fiscal year
2020 using an amount not less than the sum of any amounts
appropriated for tuition assistance for members of that Armed
Force for fiscal year 2020.
SEC. 560. INFORMATION ON INSTITUTIONS OF HIGHER EDUCATION
PARTICIPATING IN THE DEPARTMENT OF DEFENSE
TUITION ASSISTANCE PROGRAM.
(a) List of Participating Institutions.--The Secretary of
Defense shall make available, on a publicly accessible
website of the Department of Defense, a list that
identifies--
(1) each institution of higher education that receives
funds under the Department of Defense Tuition Assistance
Program; and
(2) the amount of such funds received by the institution.
(b) Annual Updates.--The Secretary of Defense shall update
the list described in subsection (a) not less frequently than
once annually.
SEC. 560A. INCLUSION OF INFORMATION ON FREE CREDIT MONITORING
IN ANNUAL FINANCIAL LITERACY BRIEFING.
The Secretary of each military department shall ensure that
the annual financial literacy education briefing provided to
members of the Armed Forces includes information on the
availability of free credit monitoring services pursuant to
section 605A(k) of the Fair Credit Reporting Act (15 U.S.C.
1681c-1(k)).
SEC. 560B. PROGRAMS TO FACILITATE THE AWARD OF PRIVATE
PILOT'S CERTIFICATES.
(a) Programs Authorized.--Each Secretary of a military
department may carry out a program under which qualified
participants may obtain a private pilot's certificate through
an institution of higher education with an accredited
aviation program that is approved by such Secretary pursuant
to subsection (c).
(b) Participant Qualifications and Types of Assistance.--
(1) In general.--In carrying out a program under subsection
(a), the Secretary of a military department shall prescribe--
(A) the standards to be met for participation in the
program; and
(B) the types of assistance, if any, to be provided to
individuals who participate in the program.
(2) Uniformity across military departments.--To the extent
practicable, the standards and types of assistance prescribed
under paragraph (1) shall be uniform across the military
departments.
(c) Approved Institutions of Higher Education.--
(1) In general.--In carrying out a program under subsection
(a), the Secretary of a military department shall maintain a
list of institutions of higher education (as that term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) through which an individual participating
in the program may obtain a private pilot's certificate.
(2) Qualifications and standards.--Any institution of
higher education included on a list
[[Page H9449]]
under paragraph (1), and any course of instruction toward
obtaining a private pilot's certificate offered by such
institution, shall meet such qualifications and standards as
the Secretary shall prescribe for purposes of the program.
Such qualifications and standards shall include a requirement
that any institution included on the list award, to
individual participating in the program, academic credit at
such institution for any portion of course work completed on
the ground school course of instruction of such institution
in connection with obtaining a private pilot's certificate,
regardless of whether the participant fully completed the
ground school course of instruction.
(d) Annual Reports on Programs.--
(1) In general.--Not later than February 28, 2021, and each
year thereafter, each Secretary of a military department
shall submit to Congress a report on the program, if any,
carried out by such Secretary under subsection (a) during the
preceding calendar year.
(2) Elements.--Each report under paragraph (1) shall
include, for the program and year covered by such report, the
following:
(A) The total number of participants in the program.
(B) The number of private pilot's certificates awarded to
participants in the program.
(C) The number of participants in the program who fully
completed a ground school course of instruction in connection
with obtaining a private pilot's certificate.
Subtitle G--Member Training and Transition
SEC. 561. REQUIREMENT TO PROVIDE INFORMATION REGARDING
BENEFITS CLAIMS TO MEMBERS DURING TAP
COUNSELING.
Section 1142(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(19) Information regarding how to file claims for
benefits available to the member under laws administered by
the Secretaries of Defense and Veterans Affairs.''.
SEC. 562. PARTICIPATION OF OTHER FEDERAL AGENCIES IN THE
SKILLBRIDGE APPRENTICESHIP AND INTERNSHIP
PROGRAM FOR MEMBERS OF THE ARMED FORCES.
Section 1143(e) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Any program under this subsection may be carried out
at, through, or in consultation with such other departments
or agencies of the Federal Government as the Secretary of the
military department concerned considers appropriate.''.
SEC. 563. FIRST MODIFICATION OF ELEMENTS OF REPORT ON THE
IMPROVED TRANSITION ASSISTANCE PROGRAM.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by adding at the end the following:
``(E) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program for all
members of the Armed Forces.
``(F) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program
specifically for female members of the Armed Forces.''.
SEC. 564. SECOND MODIFICATION OF ELEMENTS OF REPORT ON THE
IMPROVED TRANSITION ASSISTANCE PROGRAM.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
as amended by section 563 of this Act, is further amended--
(1) by redesignating subparagraphs (A) through (F) as
subparagraphs (B) through (G), respectively;
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1), the following new subparagraph (A):
``(A) The total number of members eligible to attend
Transition Assistance Program counseling.''; and
(3) by adding at the end the following new subparagraphs:
``(H) The number of members who participated in programs
under section 1143(e) of title 10, United States Code
(commonly referred to as `Job Training, Employment Skills,
Apprenticeships and Internships (JTEST-AI)' or `Skill
Bridge').
``(I) Such other information as is required to provide
Congress with a comprehensive description of the
participation of the members in the Transition Assistance
Program and programs described in subparagraph (H).''.
SEC. 565. PROHIBITION ON GENDER-SEGREGATED TRAINING AT MARINE
CORPS RECRUIT DEPOTS.
(a) Parris Island.--
(1) Prohibition.--Subject to paragraph (2), training at the
Marine Corps Recruit Depot, Parris Island, South Carolina,
may not be segregated based on gender.
(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than five years after the
date of the enactment of this Act.
(b) San Diego.--
(1) Prohibition.--Subject to paragraph (2), training at the
Marine Corps Recruit Depot, San Diego, California, may not be
segregated based on gender.
(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than eight years after
the date of the enactment of this Act.
SEC. 566. ASSESSMENT OF DEATHS OF RECRUITS UNDER THE
JURISDICTION OF THE SECRETARIES OF THE MILITARY
DEPARTMENTS.
(a) Assessment.--The Inspector General of the Department of
Defense shall conduct an assessment of the deaths of recruits
at facilities under the jurisdiction of the Secretaries of
the military departments, and the effectiveness of the
current medical protocols on the training bases.
(b) Report.--Not later than September 30, 2020, the
Inspector General shall submit to the Committees on Armed
Services of the Senate and the House of Representative a
report containing the results of the assessment conducted
under subsection (a). The report shall include the following:
(1) The number of recruits who died during basic training
in the five years preceding the date of the report.
(2) The causes of deaths described in paragraph (1).
(3) The types of medical treatment that was provided to
recruits described in paragraph (1).
(4) Whether any of the deaths identified under paragraph
(1) were found to be a result of medical negligence.
(5) A description of medical capabilities and personnel
available to the recruits at each facility.
(6) A description of medical resources accessible to the
recruits at the company level at each facility.
(7) A description of 24-hour medical resources available to
recruits at each facility.
(8) An evaluation of the guidelines and resources in place
to monitor sick recruits.
(9) An evaluation of how supervisors evaluate and determine
whether a sick recruit should continue training or further
seek medical assistance.
(10) An evaluation of how the Secretaries of the military
departments can increase visibility of the comprehensive
medical status of a sick recruit to instructors and
supervisors in order to provide better situational awareness
of the such medical status.
(11) An evaluation of how to improve medical care for
recruits.
SEC. 567. REVIEW OF DEPARTMENT OF DEFENSE TRAINING PROGRAMS
REGARDING DISINFORMATION CAMPAIGNS.
(a) Review.--Not later than 120 days after the enactment of
this Act, the Secretary of Defense shall conduct a review of
existing programs, tools, and resources of the Department of
Defense for training members of the Armed Forces and
employees of the Department regarding the threat of
disinformation campaigns specifically targeted at such
individuals and the families of such individuals.
(b) Report Required.--Not later than 270 days after the
enactment of this Act, the Secretary of Defense shall submit
a report to the congressional defense committees regarding
the programs, tools, and resources identified under
subsection (a).
SEC. 568. COMMAND MATTERS IN CONNECTION WITH TRANSITION
ASSISTANCE PROGRAMS.
The training provided a commander of a military
installation in connection with the commencement of
assignment to the installation shall include a module on the
covered transition assistance programs available for members
of the Armed Forces assigned to the installation.
SEC. 569. MACHINE READABILITY AND ELECTRONIC TRANSFERABILITY
OF CERTIFICATE OF RELEASE OR DISCHARGE FROM
ACTIVE DUTY (DD FORM 214).
(a) Modification Required.--The Secretary of Defense shall
modify the Certificate of Release or Discharge from Active
Duty (DD Form 214) to--
(1) be machine readable and electronically transferable;
and
(2) include a specific block explicitly identified as the
location in which a member of the Armed Forces may provide
one or more email addresses by which the member may be
contacted after discharge or release from active duty.
(b) Deadline for Modification.--The Secretary of Defense
shall release a revised Certificate of Release or Discharge
from Active Duty (DD Form 214), modified pursuant to
subsection (a), not later than four years after the date of
the enactment of this Act.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
a report to Congress regarding the following:
(1) What systems of the Department of Defense require an
individual to manually enter information from DD Form 214.
(2) What activities of the Department of Defense require a
veteran or former member of the Armed Forces to provide a
physical copy of DD Form 214.
(3) The order of priority for modernizing items identified
under paragraphs (1) and (2) as determined by the Secretary.
(4) The estimated cost, as determined by the Secretary, to
automate items identified under paragraphs (1) and (2).
SEC. 570. RECORDS OF SERVICE FOR RESERVES.
(a) Establishment.--Not later than September 30, 2020, the
Secretary of Defense shall establish and implement a standard
record of service for members of the reserve components of
the Armed Forces, similar to DD Form 214, that summarizes the
record of service of each such member, including dates of
active duty service.
(b) Coordination.--In carrying out this section, the
Secretary of Defense shall coordinate with the Secretary of
Veterans Affairs to ensure that the record established under
this section is acceptable as proof of service for former
members of the reserve components of the Armed Forces who are
eligible for benefits under laws administered by the
Secretary of Veterans Affairs to receive such benefits.
[[Page H9450]]
SEC. 570A. LIMITATIONS AND REQUIREMENTS IN CONNECTION WITH
SEPARATIONS FOR MEMBERS OF THE ARMED FORCES WHO
SUFFER FROM MENTAL HEALTH CONDITIONS IN
CONNECTION WITH A SEX-RELATED, INTIMATE PARTNER
VIOLENCE-RELATED, OR SPOUSAL-ABUSE OFFENSE.
(a) Confirmation of Diagnosis of Condition Required Before
Separation.--Before a member of the Armed Forces who was the
victim of a sex-related offense, an intimate partner
violence-related offense, or a spousal-abuse offense during
service in the Armed Forces (whether or not such offense was
committed by another member of the Armed Forces), and who has
a mental health condition not amounting to a physical
disability, is separated, discharged, or released from the
Armed Forces based solely on such condition, the diagnosis of
such condition must be--
(1) corroborated by a competent mental health care
professional at the peer level or a higher level of the
health care professional making the diagnosis; and
(2) endorsed by the Surgeon General of the military
department concerned.
(b) Narrative Reason for Separation if Mental Health
Condition Present.--If the narrative reason for separation,
discharge, or release from the Armed Forces of a member of
the Armed Forces is a mental health condition that is not a
disability, the appropriate narrative reason for the
separation, discharge, or release shall be a condition, not a
disability, or Secretarial authority.
(c) Definitions.--In this section:
(1) The term ``intimate partner violence-related offense''
means the following:
(A) An offense under section 928 or 930 of title 10, United
States Code (article 128 or 130 of the Uniform Code of
Military Justice).
(B) An offense under State law for conduct identical or
substantially similar to an offense described in subparagraph
(A).
(2) The term ``sex-related offense'' means the following:
(A) An offense under section 920 or 920b of title 10,
United States Code (article 120 or 120b of the Uniform Code
of Military Justice).
(B) An offense under State law for conduct identical or
substantially similar to an offense described in subparagraph
(A).
(3) The term ``spousal-abuse offense'' means the following:
(A) An offense under section 928 of title 10, United States
Code (article 128 of the Uniform Code of Military Justice).
(B) An offense under State law for conduct identical or
substantially similar to an offense described in subparagraph
(A).
(d) Effective Date.--This section shall take effect 180
days after the date of the enactment of this Act, and shall
apply with respect to separations, discharges, and releases
from the Armed Forces that occur on or after that effective
date.
SEC. 570B. PROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN
MEMBERS OF THE ARMED FORCES; CONSIDERATION OF
MILITARY SERVICE IN REMOVAL DETERMINATIONS.
(a) Prohibition on Involuntary Separation.--
(1) In general.--No member of the Armed Forces may be
involuntarily separated from the Armed Forces solely because
that member is a covered member.
(2) Covered member defined.--In this subsection, the term
``covered member'' means a member of the Armed Forces who--
(A) possesses a current and valid employment authorization
document that was issued pursuant to the memorandum of the
Secretary of Homeland Security dated June 15, 2012, and
entitled ``Exercising Prosecutorial Discretion with Respect
to Individuals who Came to the United States as Children'';
or
(B) is currently in a temporary protected status under
section 244 of the Immigration and Nationality Act (8 U.S.C.
1254a).
(b) Consideration of Military Service in Removal
Determinations.--
(1) In general.--With regards to an individual, an
immigration officer shall take into consideration evidence of
military service by that individual in determining whether--
(A) to issue to that individual a notice to appear in
removal proceedings, an administrative order of removal, or a
reinstatement of a final removal order; and
(B) to execute a final order of removal regarding that
individual.
(2) Definitions.--In this subsection:
(A) The term ``evidence of service'' means evidence that an
individual served as a member of the Armed Forces, and the
characterization of each period of service of that individual
in the Armed Forces.
(B) The term ``immigration officer'' has the meaning given
that term in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
SEC. 570C. INCLUSION OF QUESTION REGARDING IMMIGRATION STATUS
ON PRESEPARATION COUNSELING CHECKLIST (DD FORM
2648).
Not later than September 30, 2020, the Secretary of Defense
shall modify the preseparation counseling checklist for
active component, active guard reserve, active reserve, full
time support, and reserve program administrator service
members (DD Form 2648) to include a specific block wherein a
member of the Armed Forces may indicate that the member would
like to receive information regarding the immigration status
of that member and expedited naturalization.
SEC. 570D. COUNSELING FOR MEMBERS OF THE ARMED FORCES WHO ARE
NOT CITIZENS OF THE UNITED STATES ON
NATURALIZATION IN THE UNITED STATES.
(a) In General.--The Secretary concerned shall furnish to
covered individuals under the jurisdiction of that Secretary
counseling regarding how to apply for naturalization in the
United States.
(b) Definitions.--In this section:
(1) The term ``covered individual'' means a member of the
Armed Forces who is not a citizen of the United States.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.
SEC. 570E. PILOT PROGRAM ON INFORMATION SHARING BETWEEN
DEPARTMENT OF DEFENSE AND DESIGNATED RELATIVES
AND FRIENDS OF MEMBERS OF THE ARMED FORCES
REGARDING THE EXPERIENCES AND CHALLENGES OF
MILITARY SERVICE.
(a) Pilot Program Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with the American Red Cross
to carry out a pilot program under which the American Red
Cross--
(A) encourages a member of the Armed Forces, upon the
enlistment or appointment of such member, to designate up to
10 persons to whom information regarding the military service
of such member shall be disseminated using contact
information obtained under paragraph (6); and
(B) provides such persons, within 30 days after the date on
which such persons are designated under subparagraph (A), the
option to elect to receive such information regarding
military service.
(2) Dissemination.--The Secretary shall disseminate
information described in paragraph (1)(A) under the pilot
program on a regular basis.
(3) Types of information.--The types of information to be
disseminated under the pilot program to persons who elect to
receive such information shall include information
regarding--
(A) aspects of daily life and routine experienced by
members of the Armed Forces;
(B) the challenges and stresses of military service,
particularly during and after deployment as part of a
contingency operation;
(C) the services available to members of the Armed Forces
and the dependents of such members to cope with the
experiences and challenges of military service;
(D) benefits administered by the Department of Defense for
members of the Armed Forces and the dependents of such
members;
(E) a toll-free telephone number through which such persons
who elect to receive information under the pilot program may
request information regarding the program; and
(F) such other information as the Secretary determines to
be appropriate.
(4) Privacy of information.--In carrying out the pilot
program, the Secretary may not disseminate information under
paragraph (3) in violation of laws and regulations pertaining
to the privacy of members of the Armed Forces, including
requirements pursuant to--
(A) section 552a of title 5, United States Code; and
(B) the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-191).
(5) Notice and modifications.--In carrying out the pilot
program, the Secretary shall, with respect to a member of the
Armed Forces--
(A) ensure that such member is notified of the ability to
modify designations made by such member under paragraph
(1)(A); and
(B) upon the request of a member, authorize such member to
modify such designations at any time.
(6) Contact information.--In making a designation under the
pilot program, a member of the Armed Forces shall provide
necessary contact information, specifically including an
email address, to facilitate the dissemination of information
regarding the military service of the member.
(7) Opt-in and opt-out of program.--
(A) Opt-in by members.--A member may participate in the
pilot program only if the member voluntarily elects to
participate in the program. A member seeking to make such an
election shall make such election in a manner, and by
including such information, as the Secretary and the Red
Cross shall jointly specify for purposes of the pilot
program.
(B) Opt-in by designated recipients.--A person designated
pursuant to paragraph (1)(A) may receive information under
the pilot program only if the person makes the election
described in paragraph (1)(B).
(C) Opt-out.--In carrying out the pilot program, the
Secretary shall, with respect to a person who has elected to
receive information under such pilot program, cease
disseminating such information to that person upon request of
such person.
(b) Survey and Report on Pilot Program.--
(1) Survey.--Not later than two years after the date on
which the pilot program commences, the Secretary, in
consultation with the American Red Cross, shall administer a
survey to persons who elected to receive information under
the pilot program for the purpose of receiving feedback
regarding the quality of information disseminated under this
section, including whether such information appropriately
reflects the military career progression of members of the
Armed Forces.
(2) Report.--Not later than three years after the date on
which the pilot program commences, the Secretary shall submit
to the congressional defense committees a final report on the
pilot program which includes--
(A) the results of the survey administered under paragraph
(1);
(B) a determination as to whether the pilot program should
be made permanent; and
(C) recommendations as to modifications necessary to
improve the program if made permanent.
(c) Termination of Pilot Program.--The pilot program shall
terminate upon submission of the report required by
subsection (b)(2).
[[Page H9451]]
SEC. 570F. CONNECTIONS OF MEMBERS RETIRING OR SEPARATING FROM
THE ARMED FORCES WITH COMMUNITY-BASED
ORGANIZATIONS AND RELATED ENTITIES.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly seek to enter into
memoranda of understanding or other agreements with State
veterans agencies under which information from Department of
Defense Form DD-2648 on individuals undergoing retirement,
discharge, or release from the Armed Forces is transmitted to
one or more State veterans agencies, as elected by such
individuals, to provide or connect veterans to benefits or
services as follows:
(1) Assistance in preparation of resumes.
(2) Training for employment interviews.
(3) Employment recruitment training.
(4) Other services leading directly to a successful
transition from military life to civilian life.
(5) Healthcare, including care for mental health.
(6) Transportation or transportation-related services.
(7) Housing.
(8) Such other benefits or services as the Secretaries
jointly consider appropriate for purposes of this section.
(b) Information Transmitted.--The information transmitted
on individuals as described in subsection (a) shall be such
information on Form DD-2648 as the Secretaries jointly
consider appropriate to facilitate community-based
organizations and related entities in providing or connecting
such individuals to benefits and services as described in
subsection (a).
(c) Modification of Form DD-2648.--The Secretary of Defense
shall make such modifications to Form DD-2648 as the
Secretary considers appropriate to allow an individual
filling out the form to indicate an email address at which
the individual may be contacted to receive or be connected to
benefits or services described in subsection (a).
(d) Voluntary Participation.--Information on an individual
may be transmitted to and through a State veterans agency as
described in subsection (a) only with the consent of the
individual. In giving such consent, an individual shall
specify the following:
(1) The State veterans agency or agencies elected by the
individual to transmit such information as described in
subsection (a).
(2) The benefits and services for which contact information
shall be so transmitted.
(3) Such other information on the individual as the
individual considers appropriate in connection with the
transmittal.
SEC. 570G. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR THE
TRANSITION ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Defense, the Secretary
of Veterans Affairs, and the Secretary of Labor may jointly
carry out a pilot program that creates a one-stop source for
online applications for the purposes of assisting members of
the Armed Forces and Veterans participating in the Transition
Assistance Program (in this section referred to as ``TAP'').
(b) Data Sources.--If the Secretaries carry out the pilot
program, any online application developed under such program
shall, in part, aggregate existing data from government
resources and the private sector under one uniform resource
locator for the purpose of assisting members of the Armed
Forces and veterans participating in TAP.
(c) Availability; Accessibility.--Any online application
developed under a pilot program shall, to the extent feasible
be--
(1) widely available as a mobile application; and
(2) easily accessible by veterans, members of the Armed
Forces, and employers.
(d) Assessments.--
(1) Interim assessments.--Not later than the dates that are
one and two years after the date of the commencement of any
pilot program under this section, the Secretaries shall
jointly assess the pilot program.
(2) Final assessment.--Not later than the date that is
three years after the date of the commencement of any pilot
program under this section, the Secretaries shall jointly
carry out a final assessment of the pilot program.
(3) Purpose.--The general objective of each assessment
under this subsection shall be to determine if the online
application under the pilot program helps participants in TAP
to accomplish the goals of TAP, accounting for the individual
profiles of participants, including military experience and
geographic location.
(e) Briefing.--If the Secretaries carry out the pilot
program, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and House of
Representatives a briefing on findings regarding the pilot
program, including any recommendations for legislation.
(f) Definitions.--In this section:
(1) The term ``mobile application'' means a software
program that runs on the operating system of a mobile device.
(2) The term ``mobile device'' means a smartphone, tablet
computer, or similar portable computing device that transmits
data over a wireless connection.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR
ADOPTION IN MORE THAN ONE INCREMENT.
Paragraph (5) of section 701(i) of title 10, United States
Code, is amended--
(1) by striking ``only in one increment'' and inserting
``in more than one increment''; and
(2) by inserting ``in accordance with regulations
prescribed by the Secretary concerned'' before the period.
SEC. 572. DEFERRED DEPLOYMENT FOR MEMBERS WHO GIVE BIRTH.
Section 701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(l) A member of the armed forces who gives birth while on
active duty may be deployed during the period of 12 months
beginning on the date of such birth only with the approval of
a health care provider employed at a military medical
treatment facility and--
``(1) at the election of such member; or
``(2) in the interest of national security, as determined
by the Secretary of Defense.''.
SEC. 573. AUTHORITY OF THE SECRETARY CONCERNED TO TRANSPORT
REMAINS OF A COVERED DECEDENT TO NO MORE THAN
TWO PLACES SELECTED BY THE PERSON DESIGNATED TO
DIRECT DISPOSITION OF THE REMAINS.
(a) Authority.--Section 1482(a)(8) of title 10, United
States Code, is amended to read as follows:
``(8)(A) Transportation of the remains, and travel and
transportation allowances as specified in regulations
prescribed under section 464 of title 37 for an escort of one
person, to the place, subject to subparagraph (B), selected
by the person designated to direct disposition of the remains
or, if such a selection is not made, to a national or other
cemetery which is selected by the Secretary and in which
burial of the decedent is authorized.
``(B) The person designated to direct disposition of the
remains may select two places under subparagraph (A) if the
second place is a national cemetery. If that person selects
two places, the Secretary concerned may pay for
transportation to the second place only by means of
reimbursement under subsection (b).
``(C) When transportation of the remains includes
transportation by aircraft under section 562 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 10 U.S.C. 1482 note), the Secretary
concerned shall provide, to the maximum extent practicable,
for delivery of the remains by air to the commercial, general
aviation, or military airport nearest to the place selected
by the designee.''.
(b) Military Escort and Honor Guard Only to First
Location.--Section 562(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
10 U.S.C. 1482 note) is amended by adding at the end the
following: ``If the person designated to direct disposition
of the remains selects two places under such section, the
term means only the first of those two places.''.
SEC. 574. MILITARY FUNERAL HONORS MATTERS.
(a) Full Military Honors Ceremony for Certain Veterans.--
Section 1491(b) of title 10, United States Code, is amended
by adding at the end the following:
``(3) The Secretary concerned shall provide full military
honors (as determined by the Secretary concerned) for the
funeral of a veteran who--
``(A) is first interred or first inurned in Arlington
National Cemetery on or after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020;
``(B) was awarded the medal of honor or the prisoner-of-war
medal; and
``(C) is not entitled to full military honors by the grade
of that veteran.''.
(b) Full Military Funeral Honors for Veterans at Military
Installations.--
(1) Installation plans for honors required.--The commander
of each military installation at or through which a funeral
honors detail for a veteran is provided pursuant to section
1491 of title 10, United States Code (as amended by
subsection (a)), shall maintain and carry out a plan for the
provision, upon request, of full military funeral honors at
funerals of veterans for whom a funeral honors detail is
authorized in that section.
(2) Elements.--Each plan of an installation under paragraph
(1) shall include the following:
(A) Mechanisms to ensure compliance with the requirements
applicable to the composition of funeral honors details in
section 1491(b) of title 10, United States Code (as so
amended).
(B) Mechanisms to ensure compliance with the requirements
for ceremonies for funerals in section 1491(c) of such title.
(C) In addition to the ceremonies required pursuant to
subparagraph (B), the provision of a gun salute, if otherwise
authorized, for each funeral by appropriate personnel,
including personnel of the installation, members of the
reserve components of the Armed Forces residing in the
vicinity of the installation who are ordered to funeral
honors duty, or members of veterans organizations or other
organizations referred to in section 1491(b)(2) of such
title.
(D) Mechanisms for the provision of support authorized by
section 1491(d) of such title.
(E) Such other mechanisms and activities as the Secretary
concerned considers appropriate in order to assure that full
military funeral honors are provided upon request at funerals
of veterans.
(3) Definitions.--In this subsection:
(A) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.
(B) The term ``veteran'' has the meaning given that term in
section 1491(h) of title 10, United States Code.
SEC. 575. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY FOR
RELOCATED SPOUSES OF MEMBERS OF THE UNIFORMED
SERVICES.
Section 1784 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Improvement of Occupational License Portability
Through Interstate Compacts.--
``(1) In general.--The Secretary of Defense shall seek to
enter into a cooperative agreement with the Council of State
Governments to assist
[[Page H9452]]
with funding of the development of interstate compacts on
licensed occupations in order to alleviate the burden
associated with relicensing in such an occupation by spouse
of a members of the armed forces in connection with a
permanent change of duty station of members to another State.
``(2) Limitation on assistance per compact.--The amount
provided under paragraph (1) as assistance for the
development of any particular interstate compact may not
exceed $1,000,000.
``(3) Limitation on total amount of assistance.--The total
amount of assistance provided under paragraph (1) in any
fiscal year may not exceed $4,000,000.
``(4) Annual report.--Not later than February 28 each year,
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on interstate compacts described in paragraph (1)
developed through assistance provided under that paragraph.
Each report shall set forth the following:
``(A) Any interstate compact developed during the preceding
calendar year, including the occupational licenses covered by
such compact and the States agreeing to enter into such
compact.
``(B) Any interstate compact developed during a prior
calendar year into which one or more additional States agreed
to enter during the preceding calendar year.
``(5) Expiration.--The authority to enter into a
cooperative agreement under paragraph (1), and to provide
assistance described in that paragraph pursuant to such
cooperative agreement, expire on September 30, 2024.''.
SEC. 576. CONTINUED ELIGIBILITY FOR EDUCATION AND TRAINING
OPPORTUNITIES FOR SPOUSES OF PROMOTED MEMBERS.
Section 1784a(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``Assistance''; and
(2) by adding at the end the following new paragraph:
``(2) A spouse who is eligible for a program under this
section and begins a course of education or training for a
degree, license, or credential described in subsection (a)
may not become ineligible to complete such course of
education or training solely because the member to whom the
spouse is married is promoted to a higher grade.''.
SEC. 577. MODIFICATION TO AUTHORITY TO REIMBURSE FOR STATE
LICENSURE AND CERTIFICATION COSTS OF A SPOUSE
OF A SERVICEMEMBER ARISING FROM RELOCATION.
Section 476(p) of title 37, United States Code, is
amended--
(1) in paragraph (1), by striking ``armed forces'' and
inserting ``uniformed services'';
(2) in paragraph (2), by striking ``$500'' and inserting
``$1,000'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) an analysis of whether the maximum reimbursement
amount under paragraph (2) is sufficient to cover the average
costs of relicensing described in paragraph (1).''; and
(4) in paragraph (4), by striking ``December 31, 2022'' and
inserting ``December 31, 2024''.
SEC. 578. CLARIFICATION REGARDING ELIGIBILITY TO TRANSFER
ENTITLEMENT UNDER POST-9/11 EDUCATIONAL
ASSISTANCE PROGRAM.
Section 3319(j) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The Secretary of Defense may not prescribe any
regulation that would provide for a limitation on eligibility
to transfer unused education benefits to family members based
on a maximum number of years of service in the Armed
Forces.''.
SEC. 579. ANNUAL STATE REPORT CARD.
Section 1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is
amended by striking ``on active duty (as defined in section
101(d)(5) of such title)''.
SEC. 580. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE ARMED
FORCES.
(a) Clarifying Technical Amendment to Direct Hire Authority
of the Department of Defense for Child Care Services
Providers for Department Child Development Centers.--Section
559(e) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 1792 note) is amended
by inserting ``(including family childcare coordinator
services and school age childcare coordinator services)''
after ``childcare services''.
(b) Assessment of Financial Assistance Provided to Civilian
Child Care Providers.--
(1) Assessment.--The Secretary of Defense shall assess the
maximum amount of financial assistance provided to eligible
civilian providers of child care services or youth program
services that furnish such service for members of the armed
forces and employees of the United States under section 1798
of title 10, United States Code. Such assessment shall
include the following:
(A) The determination of the Secretary whether the maximum
allowable financial assistance should be standardized across
the Armed Forces.
(B) Whether the maximum allowable amount adequately
accounts for high-cost duty stations.
(2) Report.--Not later than June 1, 2020, the Secretary of
Defense shall submit a report to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1)
and any actions taken by the Secretary to remedy identified
shortfalls in assistance described in that paragraph.
(c) Reduction in Wait Lists for Child Care at Military
Installations.--
(1) Remedial action.--The Secretary of Defense shall take
steps the Secretary determines necessary to reduce the
waiting lists for child care at military installations to
ensure that members of the Armed Forces have meaningful
access to child care during tours of duty.
(2) Report.--Not later than June 1, 2020, the Secretary of
Defense shall provide a report to the Committees on Armed
Forces of the Senate and the House of Representative
regarding--
(A) action taken under paragraph (1); and
(B) any additional resources (including additional funding
for and child care facilities and workers) the Secretary
determines necessary to increase access described in
paragraph (1).
(d) GAO Review.--The Comptroller General of the United
States shall conduct a review of the assessments, actions,
and determinations of the Secretary under subsections (b)(1)
and (c). Not later than December 1, 2020, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
regarding the review performed under this subsection.
(e) Assessment of Accessibility of Websites of the
Department of Defense Related to Child Care and Spousal
Employment.--
(1) Assessment.--The Secretary of Defense shall review the
functions and accessibility of websites of the Department of
Defense designed for members of the Armed Forces and the
families of such members to access information and services
offered by the Department regarding child care, spousal
employment, and other family matters.
(2) Report.--Not later than March 1, 2020, the Secretary of
Defense shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1)
and actions taken to enhance accessibility of the websites.
(f) Portability of Background Investigations for Child Care
Providers.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall ensure
that the background investigation and training certification
for a child care provider employed by the Department of
Defense in a facility of the Department may be transferred to
another facility of the Department, without regard to which
Secretary of a military department has jurisdiction over
either such facility.
SEC. 580A. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL
EXPENSES FOR NEXT OF KIN.
(a) Transportation for Remains of a Member Who Dies Not in
a Theater of Combat Operations.--Section 562 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 10 U.S.C. 1482 note), as amended by
section 573 of this Act, is further amended--
(1) in the heading, by striking ``dying in a theater of
combat operations''; and
(2) in subsection (a), by striking ``in a combat theater of
operations'' and inserting ``outside of the United States''.
(b) Transportation for Family.--The Secretary of Defense
shall extend travel privileges via Invitational Travel
Authorization to family members of members of the Armed
Forces who die outside of the United States and whose remains
are returned to the United States through the mortuary
facility at Dover Air Force Base, Delaware.
SEC. 580B. MEETINGS OF OFFICIALS OF THE DEPARTMENT OF DEFENSE
WITH REPRESENTATIVE GROUPS OF SURVIVORS OF
DECEASED MEMBERS OF THE ARMED FORCES.
(a) Chiefs of the Armed Forces.--The Secretary of Defense
shall direct the chiefs of the Armed Forces to meet
periodically with representative groups of survivors of
deceased members of the Armed Forces to receive feedback from
those survivors regarding issues affecting such survivors.
The Chief of the National Guard Bureau shall meet with
representative groups of survivors of deceased members of the
Air National Guard and the Army National Guard.
(b) Under Secretary of Defense for Personnel and
Readiness.--The Under Secretary of Defense for Personnel and
Readiness shall meet periodically with representative groups
of survivors of deceased members of the Armed Forces to
discuss policies of the Department of Defense regarding
military casualties and Gold Star families.
(c) Briefing.--Not later than April 1, 2020, the Under
Secretary of Defense for Personnel and Readiness shall brief
the Committee on Armed Services of the House of
Representatives regarding policies established and the
results of the meetings under subsection (b).
SEC. 580C. INFORMATION AND OPPORTUNITIES FOR REGISTRATION FOR
VOTING AND ABSENTEE BALLOT REQUESTS FOR MEMBERS
OF THE ARMED FORCES UNDERGOING DEPLOYMENT
OVERSEAS.
(a) In General.--Not later than 45 days prior to a general
election for Federal office, a member of the Armed Forces
shall, upon request, be provided with the following:
(1) A Federal write-in absentee ballot prescribed pursuant
to section 103 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20303), together with
instructions on the appropriate use of the ballot with
respect to the State in which the member is registered to
vote.
(2) In the case of a member intending to vote in a State
that does not accept the Federal write-in absentee ballot as
a simultaneous application and acceptable ballot for Federal
elections, instructions on, and an opportunity to fill
[[Page H9453]]
out, the official post card form for absentee voter
registration application and absentee ballot application
prescribed under section 101(b)(2) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C.
20301(b)(2)).
(b) Personnel Responsible of Discharge.--Ballots and
instructions pursuant to paragraph (1) of subsection (a), and
briefings and forms pursuant to paragraph (2) of such
subsection, shall be provided by Voting Assistance Officers
or such other personnel as the Secretary of the military
department concerned shall designate.
SEC. 580D. STUDY ON TWO-WAY MILITARY BALLOT BARCODE TRACKING.
(a) Study.--The Director of the Federal Voting Assistance
Program of the Department of Defense shall conduct a study on
the feasibility of a pilot program providing full ballot
tracking of overseas military absentee ballots through the
mail stream in a manner that is similar to the 2016 Military
Ballot Tracking Pilot Program conducted by the Federal Voting
Assistance Program.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director shall submit to Congress
a report on the results of the study conducted under
subsection (a). The report shall include--
(1) an estimate of the costs and requirements needed to
conduct the pilot program described in subsection (a);
(2) a description of the organizations that would provide
substantial support for the pilot program;
(3) a time line for the phased implementation of the pilot
program to all military personnel actively serving overseas;
(4) a method to determine under the pilot program if a
ballot was counted, and a way to provide such information to
the member of the Armed Forces casting the vote; and
(5) a description of the efforts being undertaken to ensure
a reliable and secure military ballot tracking system.
SEC. 580E. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT
STUDENTS.
(a) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be
appropriated for fiscal year 2020 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398; 20 U.S.C. 7703a).
(2) Use of certain amount.--Of the amount available under
paragraph (1) for payments as described in that paragraph,
$5,000,000 shall be available for such payments to local
educational agencies determined by the Secretary of Defense,
in the discretion of the Secretary, to have higher
concentrations of military children with severe disabilities.
(b) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2020 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$40,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 580F. FIRST EXPANSION OF THE MY CAREER ADVANCEMENT
ACCOUNT PROGRAM FOR MILITARY SPOUSES.
The Secretary of Defense shall modify the My Career
Advancement Account program of the Department of Defense to
ensure that military spouses participating in the program may
receive financial assistance for the pursuit of a license,
certification, or Associate's degree in any career field or
occupation.
SEC. 580G. SECOND EXPANSION OF THE MY CAREER ADVANCEMENT
ACCOUNT PROGRAM FOR MILITARY SPOUSES.
The spouse of a member of the Coast Guard may participate
in the My Career Advancement Account program of the
Department of Defense if the Coast Guard reimburses the
Department of Defense.
SEC. 580H. REPORT ON TRAINING AND SUPPORT AVAILABLE TO
MILITARY SPOUSES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Personnel and Readiness shall submit to the
committees on Armed Services of the Senate and the House of
Representatives a report that includes a description of the
following:
(1) Financial literacy programs currently designed
specifically for military spouses.
(2) Efforts to evaluate the effectiveness of financial
literacy programs.
(b) Public Availability.--The report submitted under
subsection (a) shall be made available on a publicly
accessible website of the Department of Defense.
SEC. 580I. RI'KATAK GUEST STUDENT PROGRAM AT UNITED STATES
ARMY GARRISON-KWAJALEIN ATOLL.
(a) Program Authorized.--The Secretary of the Army may
conduct an assistance program to educate up to five local
national students per grade, per academic year, on a space-
available basis at the contractor-operated schools on United
States Army GarrisonUKwajalein Atoll. The program shall be
known as the ``Ri'katak Guest Student Program''.
(b) Student Assistance.--Assistance that may be provided to
students participating in the program carried out pursuant to
subsection (a) includes the following:
(1) Classroom instruction.
(2) Extracurricular activities.
(3) Student meals.
(4) Transportation.
Subtitle I--Decorations and Awards
SEC. 581. MODIFICATION OF AUTHORITIES ON ELIGIBILITY FOR AND
REPLACEMENT OF GOLD STAR LAPEL BUTTONS.
(a) Expansion of Authority To Determine Next of Kin for
Issuance.--Section 1126 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``widows, parents, and''
in the matter preceding paragraph (1);
(2) in subsection (b), by striking ``the widow and to each
parent and'' and inserting ``each''; and
(3) in subsection (d)--
(A) by striking paragraphs (1), (2), (3), and (4) and
inserting the following new paragraph (1):
``(1) The term `next of kin' means individuals standing in
such relationship to members of the armed forces described in
subsection (a) as the Secretaries concerned shall jointly
specify in regulations for purposes of this section.''; and
(B) by redesignating paragraphs (5), (6), (7), and (8) as
paragraphs (2), (3), (4), and (5), respectively.
(b) Replacement.--Subsection (c) of such section is amended
by striking ``and payment'' and all that follows and
inserting ``and without cost.''.
SEC. 582. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT
FOR AWARD OF MILITARY DECORATIONS.
(a) Honorable Service Requirement.--
(1) In general.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1136. Honorable service requirement for award of
military decorations
``No military decoration, including a medal, cross, or bar,
or an associated emblem or insignia, may be awarded or
presented to any person, or to a representative of the
person, if the service of the person after the person
distinguished himself or herself has not been honorable.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 57 of such title is amended by adding at
the end the following:
``1136. Honorable service requirement for award of military
decorations.''.
(b) Conforming Amendments.--Title 10, United States Code,
is further amended as follows:
(1) In section 7274--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsection (c)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(2)(A) Section 8299 is repealed.
(B) The table of sections at the beginning of chapter 837
is amended by striking the item relating to section 8299.
(3) In section 9274--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsection (c)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(4) In section 9279, by striking subsection (c).
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
JOHN J. DUFFY FOR ACTS OF VALOR IN VIETNAM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7274 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 7271 of such title to John J. Duffy for the acts of
valor in Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of John J. Duffy on April
14 and 15, 1972, in Vietnam for which he was previously
awarded the Distinguished-Service Cross.
SEC. 584. REVIEW OF WORLD WAR I VALOR MEDALS.
(a) Review Required.--Each Secretary concerned shall review
the service records of World War I veterans described in
subsection (b) under the jurisdiction of such Secretary in
order to determine whether any such veteran should be awarded
the Medal of Honor for valor during World War I.
(b) Covered World War I Veterans.--The World War I veterans
whose service records may be reviewed under subsection (a)
are the following:
(1) African American war veterans, Asian American war
veterans, Hispanic American war veterans, Jewish American war
veterans, and Native American war veterans who were awarded
the Distinguished Service Cross or the Navy Cross for an
action that occurred between April 6, 1917, and November 11,
1918.
(2) African American war veterans, Asian American war
veterans, Hispanic American war veterans, Jewish American war
veterans, and Native American war veterans who were awarded
the Croix de Guerre with Palm (that is, awarded at the Army
level or above) by the Government of France for an action
that occurred between April 6, 1917, and November 11, 1918.
(3) African American war veterans, Asian American war
veterans, Hispanic American war veterans, Jewish American war
veterans, and Native American war veterans who were
recommended for a Medal of Honor for actions that occurred
from April 6, 1917, to November 11, 1918, if the Department
of Defense possesses or receives records relating to such
recommendation.
[[Page H9454]]
(c) Recommendation Based on Review.--If a Secretary
concerned determines, based upon the review under subsection
(a), that the award of the Medal of Honor to a covered World
War I veteran is warranted, such Secretary shall submit to
the President a recommendation that the President award the
Medal of Honor to that veteran.
(d) Authority To Award Medal of Honor.--The Medal of Honor
may be awarded to a World War I veteran in accordance with a
recommendation of a Secretary concerned under subsection (c).
(e) Waiver of Time Limitations.--An award of the Medal of
Honor may be made under subsection (d) without regard to--
(1) section 7274 or 8298 of title 10, United States Code,
as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished Service Cross or Navy Cross has been
awarded.
(f) Deadline.--The review under subsection (a) shall
terminate not later than five years after the date of the
enactment of this Act.
(g) Definitions.--
(1) In general.--In this section:
(A) African american war veteran.--The term ``African
American war veteran'' means any person who served in the
United States Armed Forces between April 6, 1917, and
November 11, 1918, and who identified himself as of African
descent on his military personnel records.
(B) Asian american war veteran.--The term ``Asian American
war veteran'' means any person who served in the United
States Armed Forces between April 6, 1917, and November 11,
1918, and who identified himself racially, nationally, or
ethnically as originating from a country in Asia on his
military personnel records.
(C) Hispanic american war veteran.--The term ``Hispanic
American war veteran'' means any person who served in the
United States Armed Forces between April 6, 1917, and
November 11, 1918, and who identified himself racially,
nationally, or ethnically as originating from a country where
Spanish is an official language on his military personnel
records.
(D) Jewish american war veteran.--The term ``Jewish
American war veteran'' mean any person who served in the
United States Armed Forces between April 6, 1917, and
November 11, 1918, and who identified himself as Jewish on
his military personnel records.
(E) Native american war veteran.--The term ``Native
American war veteran'' means any person who served in the
United States Armed Forces between April 6, 1917, and
November 11, 1918, and who identified himself as a member of
a federally recognized tribe within the modern territory of
the United States on his military personnel records.
(F) Secretary concerned.--The term ``Secretary concerned''
means--
(i) the Secretary of the Army, in the case of members of
the Armed Forces who served in the Army between April 6,
1917, and November 11, 1918; and
(ii) the Secretary of the Navy, in the case of members of
the Armed Forces who served in the Navy or the Marine Corps
between April 6, 1917, and November 11, 1918.
(2) Application of definitions of origin.--If the military
personnel records of a person do not reflect the person's
membership in one of the groups identified in subparagraphs
(B) through (F) of paragraph (1) but historical evidence
exists that demonstrates the person's Jewish faith held at
the time of service, or that the person identified himself as
of African, Asian, Hispanic, or Native American descent, the
person may be treated as being a member of the applicable
group by the Secretary concerned for purposes of this
section.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. CLARIFICATION OF THE TERM ``ASSAULT'' FOR PURPOSES
OF WORKPLACE AND GENDER RELATIONS SURVEYS.
(a) Surveys of Members of the Armed Forces.--Section 481 of
title 10, United States Code, is amended by inserting
``(including unwanted sexual contact)'' after ``assault''
each place it appears.
(b) Surveys of Civilian Employees of the Department of
Defense.--Section 481a of title 10, United States Code, is
amended by inserting ``(including unwanted sexual contact)''
after ``assault'' each place it appears.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date of the enactment of
this Act and shall apply with respect to surveys under
sections 481 and 481a of title 10, United States Code, that
are initiated after such date.
SEC. 592. INCLUSION OF CERTAIN VETERANS ON TEMPORARY
DISABILITY OR PERMANENT DISABLED RETIREMENT
LISTS IN MILITARY ADAPTIVE SPORTS PROGRAMS.
(a) Inclusion of Certain Veterans.--Subsection (a)(1) of
section 2564a of title 10, United States Code, is amended by
striking ``for members of the armed forces who'' and all that
follows through the period at the end and inserting the
following: ``for--
``(A) any member of the armed forces who is eligible to
participate in adaptive sports because of an injury, illness,
or wound incurred in the line of duty in the armed forces;
and
``(B) any veteran (as defined in section 101 of title 38),
during the one-year period following the veteran's date of
separation, who--
``(i) is on the Temporary Disability Retirement List or
Permanently Disabled Retirement List;
``(ii) is eligible to participate in adaptive sports
because of an injury, illness, or wound incurred in the line
of duty in the armed forces; and
``(iii) was enrolled in the program authorized under this
section prior to the veteran's date of separation.''.
(b) Conforming Amendment.--Subsection (b) of such section
is amended by inserting ``and veterans'' after ``members''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2564a. Provision of assistance for adaptive sports
programs: members of the armed forces; certain veterans''.
(2) Table of section.--The table of sections at the
beginning of chapter 152 of such title is amended by striking
the item relating to section 2564a and inserting the
following new item:
``2564a. Provision of assistance for adaptive sports programs: members
of the armed forces; certain veterans.''.
SEC. 593. QUESTIONS IN SURVEYS REGARDING EXTREMIST ACTIVITY
IN THE WORKPLACE.
The Secretary of Defense shall include in appropriate
surveys administered by the Department of Defense questions
regarding whether respondents have ever--
(1) experienced or witnessed extremist activity in the
workplace; or
(2) reported such activity.
SEC. 594. STUDY ON BEST PRACTICES FOR PROVIDING FINANCIAL
LITERACY EDUCATION FOR SEPARATING MEMBERS OF
THE ARMED FORCES.
(a) Study Required.--The Secretary of Defense, and with
respect to members of the Coast Guard, in coordination with
the Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the Navy,
shall conduct a study on the best practices to provide
financial literacy education for separating members of the
Armed Forces.
(b) Elements.--The study required by subsection (a) shall
include--
(1) an examination, recommendations, and reporting on best
practices for providing financial literacy education to
separating members of the Armed Forces; and
(2) detailed current financial literacy programs for
separating members of the Armed Forces.
(c) Consultation.--In conducting the study required by
subsection (a), the Secretaries shall consult with the
Financial Literacy and Education Commission of the Department
of the Treasury.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the committees on Armed Services of the Senate and the
House of Representatives a report on the study under
subsection (a).
(e) Financial Literacy Defined.--In this section, the term
``financial literacy'' means education regarding personal
finance including the insurance, credit, loan, banking,
career training and education benefits available to veterans.
SEC. 595. REPORT ON OVERSIGHT OF AUTHORIZED STRENGTHS OF
CERTAIN GRADES OF COMMISSIONED REGULAR AND
RESERVE OFFICERS OF THE ARMED FORCES.
(a) Report Required.--Not later than April 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on oversight of the authorized strengths of
commissioned regular officers of the Armed Forces and
commissioned reserve officers of the Armed Forces in the
grades as follows:
(1) The grades of major, lieutenant colonel, and colonel in
the Army, the Air Force, and the Marine Corps.
(2) The grades of lieutenant commander, commander, and
captain in the Navy.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) Such recommendations as the Secretary considers
appropriate on mechanisms to improve Department of Defense
oversight, and oversight by Congress, of the authorized
strengths of commissioned officers in the grades specified in
subsection (a), including the following:
(A) An analysis of the history of each military department
in complying with the authorized strengths and strengths in
grade specified in sections 523 and 12005 of title 10, United
States Code, including a description of--
(i) the number of officers in each grade and Armed Force
concerned as of the end of each fiscal year between fiscal
year 2010 and fiscal year 2019; and
(ii) the number of officers authorized for such grade and
Armed Force as of the end of such fiscal year under the
applicable section.
(B) An assessment of the feasibility and advisability of
submitting to Congress each year a request for an
authorization for officers serving in the grades currently
covered by the tables in section 523 of title 10, United
States Code.
(C) An assessment of the feasibility and advisability of
submitting to Congress each year a proposal for legislation
to update the tables in such section.
(D) An assessment of the advisability of converting the
authorization for end strengths for regular officers in the
grades specified in subsection (a) to a percentage-based
approach like that currently utilized for reserve officers in
section 12005 of title 10, United States Code.
(2) Such other recommendations as the Secretary considers
appropriate to improve the effectiveness of the oversight by
Congress of the number of commissioned regular and reserve
officers of the Armed Forces in the grades specified in
subsection (a).
SEC. 596. REPORT ON CERTAIN WAIVERS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, and
[[Page H9455]]
annually thereafter during the two subsequent calendar years,
the Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
a report identifying, with respect to the reporting period
for such report, and disaggregated by Armed Force, the
following:
(1) Accession and commission.--
(A) The number of individuals who were processed by a
Secretary of a military department for a medical accession or
commissioning qualification determination on or after April
12, 2019.
(B) Of the individuals described in subparagraph (A), the
number of such individuals who were found medically
disqualified pursuant to the standards established in DTM-19-
004 regarding enlistment in or commission as an officer of an
Armed Force under the jurisdiction of the Secretary of a
military department.
(C) Of the individuals described in subparagraph (A), the
number of such individuals--
(i) described in section I.b.(1), 1.b(2), 1.b(3), or
II.b.(1) of attachment 3 to DTM-19-004; and
(ii) who did not require a waiver or exception to standards
described in subparagraph (B).
(D) Of the individuals described in subparagraph (C), the
number of such individuals who enlisted or were commissioned.
(E) Of the individuals described in subparagraph (B), the
number of such individuals who were considered for a waiver
or exception to standards described in subparagraph (B).
(F) Of the individuals described in subparagraph (E), the
number of such individuals who were denied such a waiver or
exception.
(G) Of the individuals described in subparagraph (E), the
number of such individuals who received such a waiver or
exception.
(H) Of the individuals described in subparagraph (G), the
number of such individuals who enlisted or were commissioned.
(2) Retention.--
(A) The number of members of each Armed Force under the
jurisdiction of the Secretary of a military department who
received a diagnosis of gender dysphoria on or after April
12, 2019.
(B) Of the members described in subparagraph (A), the
number of members who were--
(i) referred to the Disability Evaluation System; or
(ii) subject to processing for administrative separation
based on conditions and circumstances not constituting a
physical disability that interfered with assignment to or
performance of duty.
(C) Of the members described in subparagraph (A), the
number of members who were subsequently considered for a
waiver or exception to standards established in DTM-19-004 to
permit those members to serve in other than the biological
sex of each such member.
(D) Of the members described in subparagraph (C), the
number of members who were granted such a waiver or
exception.
(E) Of the members described in subparagraph (C), the
number of members who were denied such a waiver or exception.
(F) Of the members described in subparagraph (E), the
number of members who were discharged because of such denial,
aggregated by characterization of discharge.
(b) Protection of Certain Information.--No report submitted
under this section may contain any personally identifiable
information or protected health information of any
individual.
(c) Definitions.--In this section:
(1) The term ``DTM-19-004'' means the memorandum--
(A) issued by the Office of the Deputy Secretary of
Defense;
(B) dated March 12, 2019; and
(C) with the subject heading ``Directive-type Memorandum
(DTM)-19-004-Military Service by Transgender Persons and
Persons with Gender Dysphoria''.
(2) The terms ``exempt individuals'' and ``nonexempt
individuals'' have the meanings given those terms in
attachment 3 to DTM-19-004.
(3) The term ``reporting period'' means, with respect to a
report submitted under subsection (a), the calendar year most
recently completed before the date on which such report is to
be submitted.
SEC. 597. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL FORCES.
(a) In General.--The Secretary of the Navy shall notify the
congressional defense committees, in writing, not later than
30 days after the end of each fiscal year quarter, of each
covered ship (if any) that met either condition as follows:
(1) The manning fit for such ship was less than 87 percent
for more than 14 days during such fiscal year quarter.
(2) The manning fill for such ship was less than 90 percent
for more than 14 days during such fiscal year quarter.
(b) Elements.--The notification required by subsection (a)
shall include, with respect to a covered ship, the following:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) If the lowest level of manning fit or manning fill for
the ship occurred during the fiscal year quarter concerned,
the level concerned and the date on which such level
occurred.
(5) If the lowest level of manning fit or manning fill for
the ship is projected to occur after the fiscal year quarter
concerned, the projected level and the date on which such
level is projected to occur.
(6) If not achieved as of the date of the notification the
projected date on which the Navy will achieve a manning fit
and fill at least 87 percent and 90 percent, respectively,
for the ship.
(7) If not achieved as of the date of the notification, the
projected date on which the Navy will achieve a manning fit
and fill of at least 92 percent and 95 percent, respectively,
for the ship.
(8) A description of the reasons the Navy has not achieved,
or will not achieve, as applicable, manning fit and fill of
at least 87 percent and 90 percent, respectively, for the
ship, including a detailed description of the specific
ratings or skillset areas that must be manned to achieve
those percentages.
(9) A description of corrective actions the Navy is taking
to improve manning fit or manning fill on the ship.
(c) Special Rule.--For purposes of determining whether a
percentage of manning fit or manning fill has been achieved,
a sailor in a more senior paygrade may count as filling the
billet of a more junior paygrade, but a sailor in a more
junior paygrade may not count as filling the billet of a more
senior paygrade.
(d) Definitions.--In this section:
(1) Manning fit.--The term ``manning fit'', in the case of
a ship, means the skills (rating), specialty skills (Navy
Enlisted Classifications), and experience (paygrade) for the
ship when compared with the ship manpower document
requirement and billets authorized for such skills and
experience.
(2) Manning fill.--The term ``manning fill'', in the case
of a ship, means the total number of military personnel
assigned to the ship by rating when compared with the ship
manpower document requirement and billets authorized for the
ship by rating.
(3) Covered ship.--The term ``covered ship'' means a
commissioned battle force ship that is included in the battle
force count of the Naval Vessel Register.
(e) Sunset.--The requirement to submit notifications under
subsection (a) with respect to fiscal year quarters shall
cease beginning with fiscal year quarters in fiscal year
2025.
(f) Repeal of Superseded Requirements.--Section 525 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1757; 10 U.S.C. 8013
note) is repealed.
SEC. 598. REPORT REGARDING USE OF AERIAL SYSTEMS OF THE
DEPARTMENT OF DEFENSE TO SUPPORT AGENCIES OF
STATES, TERRITORIES, AND THE FEDERAL
GOVERNMENT.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Chief of the National Guard Bureau,
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report regarding the
requirements, policies, and procedures governing the use of
manned and unmanned aerial systems of the Department of
Defense to support State and Federal agencies.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of requirements for providing support to
State and Federal agencies that the Secretary considers
appropriate for planning, programming and budgeting
resources.
(2) A description of manned and unmanned aerial systems
that the Secretary regularly provides to support State and
Federal agencies, including examples of support provided, and
length of time to approve requests.
(3) A list of requests for such aerial systems from State
and Federal agencies during fiscal year 2019 that the
Secretary denied and the reason each such request was
disapproved.
(4) An overview of current policies and procedures
governing the use of such aerial systems by States and
Federal agencies, including--
(A) procedures a State or Federal agency must follow to
obtain use of such aerial systems for natural disasters and
search and rescue operations;
(B) the typical amount of time needed to process such
requests, and whether such procedures can be streamlined; and
(C) to what extent different policies and procedures apply
to unmanned aerial systems versus manned aerial systems.
(5) A description of the different categories of unmanned
aerial systems of the Department of Defense, how such
categories are managed, and whether the criteria for such
categories affect the ability of the Secretary to use
unmanned aerial systems to support State or Federal agencies.
(6) An explanation of any restrictions on the use of such
unmanned aerial systems under--
(A) the ``Guidance for the Domestic Use of Unmanned
Aircraft Systems in U.S. National Airspace'', dated August
18, 2018;
(B) Department of Defense Instruction 3025.18 ``Defense
Support to Civil Authorities''; and
(C) other relevant guidance of the Department of Defense.
(7) Whether restrictions described in paragraph (6) apply
differently to regular members of the Armed Forces serving on
active duty and to members of the National Guard.
(8) Whether members of the National Guard may operate the
different categories of such unmanned aerial systems when
operating under section 502(f) of title 32, United States
Code.
(9) An analysis of how the Secretary may improve access to
and knowledge of States and Federal agencies regarding the
availability of such unmanned aerial systems and related
request procedures.
(10) Whether--
(A) the Secretary has been unable to provide an unmanned
aerial system to support to a State agency at the request of
such State agency; and
(B) the Secretary has plans to make more unmanned aerial
systems available to fulfil such requests.
(11) Any other matters the Secretary determines
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) State Defined.--In this section, the term ``State'' has
the meaning given that term in section 901 of title 32,
United States Code.
[[Page H9456]]
SEC. 599. INFORMATION FOR MEMBERS OF THE ARMED FORCES ON
AVAILABILITY OF SERVICES OF THE DEPARTMENT OF
VETERANS AFFAIRS RELATING TO SEXUAL TRAUMA.
(a) In General.--The Secretary of Defense shall inform
members of the Armed Forces, using mechanisms available to
the Secretary, of the eligibility of such members for
services of the Department of Veterans Affairs relating to
sexual trauma.
(b) Information From Sexual Assault Response
Coordinators.--The Secretary of Defense shall ensure--
(1) that Sexual Assault Response Coordinators and uniformed
victims advocates of the Department of Defense advise members
of the Armed Forces who report instances of sexual trauma
regarding the eligibility of such members for services at the
Department of Veterans Affairs; and
(2) that such information is included in mandatory training
materials.
(c) Sexual Trauma Defined.--In this section, the term
``sexual trauma'' means psychological trauma described in
section 1720D(a)(1) of title 38, United States Code.
SEC. 599A. AUTHORITY TO ISSUE AN HONORARY PROMOTION TO
COLONEL CHARLES E. MCGEE, UNITED STATES AIR
FORCE (RET.), TO THE GRADE OF BRIGADIER
GENERAL.
(a) In General.--Pursuant to section 1563 of title 10,
United States Code, the President may issue to Colonel
Charles E. McGee, United States Air Force (retired), a
distinguished Tuskegee Airman, an honorary promotion to the
grade of brigadier general.
(b) Additional Benefits Not to Accrue.--The advancement of
Charles E. McGee on the retired list of the Air Force under
subsection (a) shall not affect the retired pay or other
benefits from the United States to which Charles E. McGee is
entitled based upon his military service, or affect any
benefits to which any other person is or may become entitled
based on such military service.
SEC. 599B. AUTHORITY TO ISSUE AN HONORARY AND POSTHUMOUS
PROMOTION TO LIEUTENANT COLONEL RICHARD COLE,
UNITED STATES AIR FORCE (RET.), TO THE GRADE OF
COLONEL.
(a) In General.--Pursuant to section 1563 of title 10,
United States Code, the President may issue to Lieutenant
Colonel Richard E. Cole, United States Air Force (retired),
an honorary and posthumous promotion to the grade of colonel.
(b) Additional Benefits Not to Accrue.--The advancement of
Richard E. Cole on the retired list of the Air Force under
subsection (a) shall not affect the retired pay or other
benefits from the United States to which Richard E. Cole
would have been entitled based upon his military service, or
affect any benefits to which any other person is or may
become entitled based on such military service.
SEC. 599C. SENSE OF CONGRESS ON THE HONORABLE AND
DISTINGUISHED SERVICE OF GENERAL JOSEPH F.
DUNFORD, UNITED STATES MARINE CORPS, TO THE
UNITED STATES.
It is the sense of Congress that--
(1) the United States deeply appreciates the decades of
honorable service of General Joseph F. Dunford, United States
Marine Corps; and
(2) the indispensable leadership of General Dunford and his
dedication to the men and women of the Armed Forces
demonstrates the finest example of service to the United
States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization
and rehabilitation resulting from wounds, injury, or
illness incurred while on duty in a hostile fire area or
exposed to an event of hostile fire or other hostile
action.
Sec. 602. Continued entitlements while a member of the Armed Forces
participates in a career intermission program.
Sec. 603. Exemption from repayment of voluntary separation pay.
Sec. 604. Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service.
Sec. 605. Temporary adjustment of rates of basic allowance for housing
following determination that local civilian housing costs
significantly differ from such rates.
Sec. 606. Reinvestment of travel refunds by the Department of Defense.
Sec. 607. Addition of partial dislocation allowance to allowable travel
and transportation expenses for servicemembers.
Sec. 608. Reductions on account of earnings from work performed while
entitled to an annuity supplement.
Sec. 609. Increase in basic pay.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of eligibility for exceptional transitional
compensation for dependents to dependents of current
members.
Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor
annuities by amount of dependency and indemnity
compensation.
Sec. 623. Death gratuity for ROTC graduates.
Sec. 624. Expansion of authority to provide financial assistance to
civilian providers of child care services or youth
program services who provide such services to survivors
of members of the Armed Forces who die in combat in the
line of duty.
Sec. 625. Casualty assistance for survivors of deceased ROTC graduates.
Subtitle D--Defense Resale Matters
Sec. 631. Defense resale system matters.
Sec. 632. Procurement by commissary stores of certain locally sourced
products.
Sec. 633. GAO review of defense resale optimization study.
Subtitle E--Morale, Welfare, and Recreation Privileges
Sec. 641. Extension of certain morale, welfare, and recreation
privileges to Foreign Service officers on mandatory home
leave.
Sec. 642. Extension of pilot program on a Government lodging program.
Subtitle F--Reports and Other Matters
Sec. 651. Annual reports on approval of employment or compensation of
retired general or flag officers by foreign governments
for emoluments clause purposes.
Sec. 652. Report regarding transition from overseas housing allowance
to basic allowance for housing for servicemembers in the
territories.
Sec. 653. Report on extension to members of the reserve components of
the Armed Forces of special and incentive pays for
members of the Armed Forces not currently payable to
members of the reserve components.
Sec. 654. Study regarding recoupment of separation pay, special
separation benefits, and voluntary separation incentive
payments from members of the Armed Forces and veterans
who receive disability compensation under laws
administered by the Secretary of Veterans Affairs.
Sec. 655. Report on implementation of contributions to the Department
of Defense Military Retirement Fund based on pay costs
per Armed Force rather than on Armed Forces-wide basis.
Sec. 656. Report on food insecurity among members of the Armed Forces
and their dependents.
Subtitle A--Pay and Allowances
SEC. 601. CLARIFICATION OF CONTINUATION OF PAYS DURING
HOSPITALIZATION AND REHABILITATION RESULTING
FROM WOUNDS, INJURY, OR ILLNESS INCURRED WHILE
ON DUTY IN A HOSTILE FIRE AREA OR EXPOSED TO AN
EVENT OF HOSTILE FIRE OR OTHER HOSTILE ACTION.
Section 372(b)(1) of title 37, United States Code, is
amended to read as follows:
``(1) The date on which the member is returned for
assignment to other than a medical or patient unit for duty;
however, in the case of a member under the jurisdiction of a
Secretary of a military department, the date on which the
member is determined fit for duty.''.
SEC. 602. CONTINUED ENTITLEMENTS WHILE A MEMBER OF THE ARMED
FORCES PARTICIPATES IN A CAREER INTERMISSION
PROGRAM.
Section 710(h) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the entitlement of the member and of the survivors of
the member to all death benefits under the provisions of
chapter 75 of this title;
``(4) the provision of all travel and transportation
allowances for the survivors of deceased members to attend
burial ceremonies under section 481f of title 37; and
``(5) the eligibility of the member for general benefits as
provided in part II of title 38.''.
SEC. 603. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION
PAY.
Section 1175a(j) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) This subsection shall not apply to a member who--
``(A) is involuntarily recalled to active duty or full-time
National Guard duty; and
``(B) in the course of such duty, incurs a service-
connected disability rated as total under section 1155 of
title 38.''.
SEC. 604. CONSIDERATION OF SERVICE ON ACTIVE DUTY TO REDUCE
AGE OF ELIGIBILITY FOR RETIRED PAY FOR NON-
REGULAR SERVICE.
Section 12731(f)(2)(B)(i) of title 10, United States Code,
is amended by striking ``under a provision of law referred to
in section 101(a)(13)(B) or under section 12301(d)'' and
inserting ``under section 12301(d) or 12304b of this title,
or under a provision of law referred to in section
101(a)(13)(B)''.
SEC. 605. TEMPORARY ADJUSTMENT OF RATES OF BASIC ALLOWANCE
FOR HOUSING FOLLOWING DETERMINATION THAT LOCAL
CIVILIAN HOUSING COSTS SIGNIFICANTLY DIFFER
FROM SUCH RATES.
Section 403(b) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(8)(A) The Secretary of Defense may prescribe a temporary
adjustment in the current rates of basic allowance for
housing for a military housing area or a portion thereof (in
this
[[Page H9457]]
paragraph, `BAH rates') if the Secretary determines that the
actual costs of adequate housing for civilians in that
military housing area or portion thereof differs from the
current BAH rates by more than 20 percent.
``(B) Any temporary adjustment in BAH rates under this
paragraph shall remain in effect only until the effective
date of the first adjustment of BAH rates for the affected
military housing area that occurs after the date of the
adjustment under this paragraph.
``(C) This paragraph shall cease to be effective on
September 30, 2022.''.
SEC. 606. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT OF
DEFENSE.
(a) Refunds for Official Travel.--Subchapter I of chapter 8
of title 37, United States Code, is amended by adding at the
end the following new section:
``Sec. 456. Managed travel program refunds
``(a) Credit of Refunds.--The Secretary of Defense may
credit refunds attributable to Department of Defense managed
travel programs as a direct result of official travel to such
operation and maintenance or research, development, test, and
evaluation accounts of the Department as designated by the
Secretary that are available for obligation for the fiscal
year in which the refund or amount is collected.
``(b) Use of Refunds.--Refunds credited under subsection
(a) may only be used for official travel or operations and
efficiency improvements for improved financial management of
official travel.
``(c) Definitions.--In this section:
``(1) Managed travel program.--The term `managed travel
program' includes air, rental car, train, bus, dining,
lodging, and travel management, but does not include rebates
or refunds attributable to the use of the Government travel
card, the Government Purchase Card, or Government travel
arranged by Government Contracted Travel Management Centers.
``(2) Refund.--The term `refund' includes miscellaneous
receipts credited to the Department identified as a refund,
rebate, repayment, or other similar amounts collected.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 8 of such title is amended by inserting
after the item relating to section 455 the following new
item:
``456. Managed travel program refunds.''.
(c) Clarification on Retention of Travel Promotional
Items.--Section 1116(a) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 5 U.S.C. 5702
note) is amended--
(1) by striking ``Definition.--In this section, the term''
and inserting the following: ``Definitions.--In this section:
``(1) The term''; and
(2) by adding at the end the following new paragraph:
``(2) The term `general public' includes the Federal
Government or an agency.''.
SEC. 607. ADDITION OF PARTIAL DISLOCATION ALLOWANCE TO
ALLOWABLE TRAVEL AND TRANSPORTATION EXPENSES
FOR SERVICEMEMBERS.
(a) Current Authority.--Section 477(f)(1) of title 37,
United States Code, is amended by striking ``family''.
(b) Future Authority.--Section 452(c) of title 37, United
States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) A partial dislocation allowance paid to a member
ordered to occupy or vacate housing provided by the United
States.''.
SEC. 608. REDUCTIONS ON ACCOUNT OF EARNINGS FROM WORK
PERFORMED WHILE ENTITLED TO AN ANNUITY
SUPPLEMENT.
Section 8421a(c) of title 5, United States Code, is
amended--
(1) by striking ``full-time as an air traffic control
instructor'' and inserting ``as an air traffic control
instructor, or supervisor thereof,''; and
(2) by inserting ``or supervisor'' after ``an instructor''.
SEC. 609. INCREASE IN BASIC PAY.
Effective on January 1, 2020, the rates of monthly basic
pay for members of the uniformed services are increased by
3.1 percent.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) Authorities Relating To Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income
replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2019''
and inserting ``December 31, 2020''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2019''
and inserting ``December 31, 2020'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ``December 31,
2019'' and inserting ``December 31, 2020''.
Subtitle C--Family and Survivor Benefits
SEC. 621. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL
TRANSITIONAL COMPENSATION FOR DEPENDENTS TO
DEPENDENTS OF CURRENT MEMBERS.
Section 1059(m) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``Members or''
after ``Dependents of'';
(2) by inserting ``member or'' before ``former member''
each place it appears;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) For purposes of the provision of benefits under this
section pursuant to this subsection, a member shall be
considered separated from active duty upon the earliest of--
``(A) the date an administrative separation is initiated by
a commander of the member;
``(B) the date the court-martial sentence is adjudged if
the sentence, as adjudged, includes a dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances; or
``(C) the date the member's term of service expires.''.
SEC. 622. PHASE-OUT OF REDUCTION OF SURVIVOR BENEFIT PLAN
SURVIVOR ANNUITIES BY AMOUNT OF DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Phase-out.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(1) In general.--In section 1450(c)(1)--
(A) by striking ``that the annuity otherwise payable under
this section would exceed that compensation.'' and inserting
``calculated as follows:''; and
(B) by adding at the end the following:
``(A) During the period beginning on January 1, 2020, and
ending on December 31, 2020, the amount that the annuity
otherwise payable under this section would exceed such
dependency and indemnity compensation.
``(B) During the period beginning on January 1, 2021, and
ending on December 31, 2021, the amount that the annuity
otherwise payable under this section would exceed two-thirds
of such dependency and indemnity compensation.
``(C) During the period beginning on January 1, 2022, and
ending on December 31, 2022, the amount that the annuity
otherwise payable under this section would exceed one-third
of such dependency and indemnity compensation.
``(D) On and after January 1, 2023, the full amount of the
annuity under this section.''.
(2) Conforming amendment.--In section 1451(c)(2), by
inserting ``a portion (calculated under section 1450(c) of
this title) of'' before ``the amount''.
(b) Prohibition on Retroactive Benefits.--No benefits may
be paid to any person for any period before the effective
date provided under subsection (f) by reason of the
amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has
been in receipt of an annuity under the Survivor Benefit Plan
under subchapter II of chapter 73 of title 10, United States
Code, that is in effect before the effective date provided
under subsection (f) and that is adjusted by reason of the
amendments made by subsection (a) and who has received a
refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such
refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible
Spouses.--The Secretary of the military department concerned
shall restore annuity eligibility to any eligible surviving
spouse who, in consultation with the Secretary, previously
elected to transfer payment of such annuity to a surviving
child or children under the provisions of section
1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under
subsection (f). Such eligibility shall be restored whether or
not payment to such child or children subsequently was
terminated due to loss of dependent status or death. For the
purposes of this subsection, an eligible spouse includes a
spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after
[[Page H9458]]
having attained age 55, or whose second or subsequent
marriage has been terminated by death, divorce or annulment.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first month that begins after the date of the enactment of
this Act, except subsections (d) and (e) of this section and
the amendments made thereby shall take effect on January 1,
2023.
SEC. 623. DEATH GRATUITY FOR ROTC GRADUATES.
(a) In General.--Section 1475(a)(4) of title 10, United
States Code, is amended by adding ``; or a graduate of a
reserve officers' training corps who has received a
commission but has yet to receive a first duty assignment;
or'' at the end.
(b) Effective Date.--The amendment under subsection (a)
applies to deaths that occur on or after the date of the
enactment of this Act.
SEC. 624. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL
ASSISTANCE TO CIVILIAN PROVIDERS OF CHILD CARE
SERVICES OR YOUTH PROGRAM SERVICES WHO PROVIDE
SUCH SERVICES TO SURVIVORS OF MEMBERS OF THE
ARMED FORCES WHO DIE IN COMBAT IN THE LINE OF
DUTY.
Section 1798(a) of title 10, United States Code, is amended
by inserting ``, survivors of members of the armed forces who
die in combat-related incidents in the line of duty,'' after
``armed forces''.
SEC. 625. CASUALTY ASSISTANCE FOR SURVIVORS OF DECEASED ROTC
GRADUATES.
Section 633 of the National Defense Authorization Act for
Fiscal Year 2014 (10 U.S.C. 1475 note) is amended by adding
at the end the following new subsection:
``(c) ROTC Graduates.--
``(1) Treated as members.--For purposes of this section, a
graduate of a reserve officers' training corps who receives a
commission and who dies before receiving a first duty
assignment shall be treated as a member of the Armed Forces
who dies while on active duty.
``(2) Effective date.--This subsection applies to deaths on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.''.
Subtitle D--Defense Resale Matters
SEC. 631. DEFENSE RESALE SYSTEM MATTERS.
(a) In General.--The Under Secretary of Defense for
Personnel and Readiness shall, in coordination with the Chief
Management Officer of the Department of Defense, maintain
oversight of business transformation efforts of the defense
commissary system and the exchange stores system in order to
ensure the following:
(1) Development of an intercomponent business strategy that
maximizes efficiencies and results in a viable defense resale
system in the future.
(2) Preservation of patron savings and satisfaction from
and in the defense commissary system and exchange stores
system.
(3) Sustainment of financial support of the defense
commissary and exchange systems for morale, welfare, and
recreation (MWR) services of the Armed Forces.
(b) Executive Resale Board Advice on Operations of
Systems.--The Executive Resale Board of the Department of
Defense shall advise the Under Secretary on the
implementation of sustainable, complementary operations of
the defense commissary system and the exchange stores system.
(c) Information Technology Modernization.--The Secretary of
Defense shall, acting through the Under Secretary and with
advice from the Executive Resale Board, require the Defense
Commissary Agency and the Military Exchange Service to do as
follows:
(1) Field new technologies and best business practices for
information technology for the defense resale system.
(2) Implement cutting-edge marketing opportunities across
the defense resale system.
(d) Inclusion of Advertising in Operating Expenses of
Commissary Stores.--Section 2483(b) of title 10, United
States Code, is amended by adding at the end the following
paragraph:
``(7) Advertising of commissary sales on materials
available within commissary stores and at other on-base
locations.''.
SEC. 632. PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY
SOURCED PRODUCTS.
The Secretary of Defense shall ensure that the dairy
products and fruits and vegetables procured for commissary
stores under the defense commissary system are, to the extent
practicable and while maintaining mandated patron savings,
locally sourced in order to ensure the availability of the
freshest possible dairy products and fruits and vegetables
for patrons of the stores.
SEC. 633. GAO REVIEW OF DEFENSE RESALE OPTIMIZATION STUDY.
(a) Review.--The Comptroller General of the United States
shall conduct a review of the business case analysis
performed as part of the defense resale optimization study
conducted by the Reform Management Group, titled ``Study to
Determine the Feasibility of Consolidation of the Defense
Resale Entities'' and dated December 4, 2018.
(b) Reports Required; Elements.--Not later than March 1,
2020, and June 1, 2020, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives an interim report and a final
report, respectively, regarding the review performed under
this section. Each report shall include evaluations of the
following:
(1) The descriptions and justifications for the
assumptions, analytical choices and data used by the Reform
Management Group to calculate:
(A) Pricing.
(B) Sales assumptions.
(C) Accuracy of methods employed to measure patron savings
levels.
(2) The timetable for consolidation of military exchanges
and commissaries.
(3) The recommendations for consolidation developed as part
of the business case analysis, including the overall cost of
consolidation.
(4) The budget and oversight implications of merging non-
appropriated funds and appropriated funds to implement the
recommended reforms.
(5) The extent to which the Reform Management Group
coordinated with the Secretaries of the military departments
and the chiefs of the Armed Forces in preparing the study.
(6) The extent to which the Reform Management Group
addressed concerns of the Secretaries of the military
departments and the chiefs of the Armed Forces in the study.
(7) If the recommendations in the business case analysis
were implemented--
(A) the ability of military exchanges and commissaries to
provide earnings to support on-base morale, welfare, and
recreation programs; and
(B) the financial viability of the military exchanges and
commissaries.
(c) Delay on Consolidation.--The Secretary of Defense may
not take any action to consolidate military exchanges and
commissaries until the Committees on Armed Services of the
Senate and the House of Representatives notify the Secretary
in writing of receipt and acceptance of the findings of the
Comptroller General in the reports required under this
section.
Subtitle E--Morale, Welfare, and Recreation Privileges
SEC. 641. EXTENSION OF CERTAIN MORALE, WELFARE, AND
RECREATION PRIVILEGES TO FOREIGN SERVICE
OFFICERS ON MANDATORY HOME LEAVE.
(a) In General.--Section 1065 of title 10, United States
Code, as added by section 621 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is amended--
(1) in the heading, by striking ``veterans and caregivers
for veterans'' and inserting ``veterans, caregivers for
veterans, and Foreign Service officers'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Eligibility of Foreign Service Officers on Mandatory
Home Leave.--A Foreign Service officer on mandatory home
leave may be permitted to use military lodging referred to in
subsection (h).''; and
(4) in subsection (h), as redesignated by paragraph (2), by
adding at the end the following new paragraphs:
``(5) The term `Foreign Service officer' has the meaning
given that term in section 103 of the Foreign Service Act of
1980 (22 U.S.C. 3903).
``(6) The term `mandatory home leave' means leave under
section 903 of the Foreign Service Act of 1980 (22 U.S.C.
4083).''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2020, as if originally
incorporated in section 621 of Public Law 115-232.
SEC. 642. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT LODGING
PROGRAM.
Section 914(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (5 U.S.C. 5911 note) is amended by striking ``December
31, 2019'' and inserting ``December 31, 2020''.
Subtitle F--Reports and Other Matters
SEC. 651. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR
COMPENSATION OF RETIRED GENERAL OR FLAG
OFFICERS BY FOREIGN GOVERNMENTS FOR EMOLUMENTS
CLAUSE PURPOSES.
(a) Annual Reports.--Section 908 of title 37, United States
Code is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Reports on Approvals for Retired General and
Flag Officers.--Not later than January 31 each year, the
Secretaries of the military departments, after consulting
with the Secretary of State, shall jointly submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on each approval under subsection
(b) for employment or compensation described in subsection
(a) for a retired member of the armed forces in general or
flag officer grade that was issued during the preceding
year.''.
(b) Scope of First Report.--The first report submitted
pursuant to subsection (c) of section 908 of title 37, United
States Code (as amended by subsection (a) of this section),
after the date of the enactment of this Act shall cover the
five-year period ending with the year before the year in
which such report is submitted.
SEC. 652. REPORT REGARDING TRANSITION FROM OVERSEAS HOUSING
ALLOWANCE TO BASIC ALLOWANCE FOR HOUSING FOR
SERVICEMEMBERS IN THE TERRITORIES.
Not later than February 1, 2020, the Secretary of Defense
shall submit a report to the congressional defense committees
regarding the recommendation of the Secretary whether members
of the uniformed services located in the territories of the
United States and who receive the overseas housing allowance
should instead receive the basic allowance for housing to
ensure the most appropriate housing compensation for such
members and their families.
SEC. 653. REPORT ON EXTENSION TO MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES OF SPECIAL AND
INCENTIVE PAYS FOR MEMBERS OF THE ARMED FORCES
NOT CURRENTLY PAYABLE TO MEMBERS OF THE RESERVE
COMPONENTS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act,
[[Page H9459]]
the Secretary of Defense shall submit to the congressional
defense committees a report setting forth the results of a
study, conducted by the Secretary for purposes of the report,
on the feasability and advisability of paying eligible
members of the reserve components of the Armed Forces any
special or incentive pay for members of the Armed Forces that
is not currently payable to members of the reserve
components.
(b) Elements.--The report required by subsection (a) shall
set forth the following:
(1) An estimate of the yearly cost of paying members of the
reserve components risk pay and flight pay under sections
334, 334a, and 351 of title 37, United States Code, at the
same rate as members on active duty, regardless of the number
of periods of instruction or appropriate duty participated
in, so long as there is at least one such period of
instruction or appropriate duty in the month.
(2) A statement of the number of members of the reserve
components who qualify or potentially qualify for hazardous
duty incentive pay based on current professions or required
duties, broken out by hazardous duty categories set forth in
section 351 of title 37, United States Code.
(3) If the Secretary determines that payment to eligible
members of the reserve components of any special or incentive
pay for members of the Armed Forces that is not currently
payable to members of the reserve components is feasible and
advisable, such recommendations as the Secretary considers
appropriate for legislative or administrative action to
authorize such payment.
SEC. 654. STUDY REGARDING RECOUPMENT OF SEPARATION PAY,
SPECIAL SEPARATION BENEFITS, AND VOLUNTARY
SEPARATION INCENTIVE PAYMENTS FROM MEMBERS OF
THE ARMED FORCES AND VETERANS WHO RECEIVE
DISABILITY COMPENSATION UNDER LAWS ADMINISTERED
BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Study.--The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall conduct a study to
determine, with regards to members of the Armed Forces and
veterans whose separation pay, special separation benefits,
and voluntary separation incentive payments either Secretary
recoups because such members and veterans subsequently
receive disability compensation under laws administered by
the Secretary of Veterans Affairs--
(1) how many such members and veterans are affected by such
recoupment; and
(2) the aggregated amount of additional money such members
and veterans would receive but for such recoupment.
(b) Report Required.--Not later than September 30, 2020,
the Secretary of Defense shall submit to the Committees on
Armed Services and Veterans' Affairs of the Senate and House
of Representatives a report regarding the results of the
study under subsection (a).
SEC. 655. REPORT ON IMPLEMENTATION OF CONTRIBUTIONS TO THE
DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND
BASED ON PAY COSTS PER ARMED FORCE RATHER THAN
ON ARMED FORCES-WIDE BASIS.
(a) Report Required.--
(1) In general.--Not later than April 1, 2020, the
Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the
congressional defense committees a report setting forth a
plan for the implementation of the amendments described in
paragraph (2) as if such amendments would apply with respect
to determinations of contributions to the Department of
Defense Military Retirement Fund under chapter 74 of title
10, United States Code, and payments into the Fund, beginning
with fiscal year 2025.
(2) Covered amendments.--The amendments described in this
paragraph are the amendments proposed to be made by section
631 of S.1790 of the 116th Congress, as reported to the
Senate by the Committee on Armed Services of the Senate on
June 11, 2019.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A plan to implement the amendments described in
paragraph (2) of subsection (a) in the manner described in
paragraph (1) of that subsection.
(2) A timeline for actions required to implement such
amendments in that manner.
(3) An assessment of the impact of the implementation of
such amendments in that manner on each of the following:
(A) The budgeting of the military departments.
(B) The efforts of the Department of Defense to achieve
audits of its financial statements.
(C) Decisions on military manning of the Armed Forces.
(D) The cost and complexity of tracking contributions to
the Department of Defense Military Retirement Fund.
SEC. 656. REPORT ON FOOD INSECURITY AMONG MEMBERS OF THE
ARMED FORCES AND THEIR DEPENDENTS.
(a) Report Required.--Not later than May 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on food insecurity among members of the Armed Forces
and their dependents.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the current extent of food insecurity
among members of the Armed Forces and their dependents,
including a description and analysis of the following:
(A) Use of food assistance by members and their dependents,
as revealed in data of the Department of Defense and other
data available to the Department.
(B) Use of free and reduced price school meals by
dependents.
(C) Use of food banks or similar assistance by members and
their dependents.
(2) A description and assessment of the barriers, if any,
to qualification for or access to adequate food assistance of
any type by members of the Armed Forces and their dependents.
(3) A description of the number of members of the Armed
Forces overseas who enrolled in the Family Supplemental
Subsistence Allowance (FSSA) program under section 402a of
title 37, United States Code, during the five-fiscal year
period ending with fiscal year 2019, and of the cost to the
Department of such enrollment during each fiscal year
concerned.
(4) An assessment of the effectiveness of the Family
Supplemental Subsistence Allowance program for members of the
Armed Forces overseas.
(5) A description and assessment of the participation of
members of the Armed Forces in the Supplemental Nutrition
Assistance Program (SNAP), including with respect to the
following:
(A) Coordination between the Department of Defense and the
Department of Agriculture for purposes of determining the
numbers of members currently participating in the program.
(B) Career stigma for members resulting from participation
in the program.
(C) Adverse consequences for member personal financial
management resulting from participation in the program.
(D) Other support available to and used by members to meet
basic needs requirements.
(6) An assessment of food insecurity among members of the
Armed Forces who reside in on-post housing (and thus do not
receive basic allowance for housing (BAH)) and their
dependents, including eligibility of such members for and
participation of such members in the Supplemental Nutrition
Assistance Program.
(7) An assessment of the feasability and advisability of a
basic needs allowance for low-income members of the Armed
Forces (including an allowance calculated both with and
without basic allowance for housing included in the
determination of member gross household income), including
with respect to the following:
(A) The maximum member gross household income for
eligibility for the allowance.
(B) The number of members who would be eligible for the
allowance.
(C) The optimal average annual amount of the allowance.
(D) The total annual cost of paying the allowance.
(E) Whether particular geographic locations would include
large number of members eligible for the allowance.
(F) The effects of payment of the allowance on recruitment
and retention of members, and on member morale and conduct.
(8) Any other recommendations for policies, programs, and
activities to address food insecurity among members of the
Armed Forces and their dependents that the Secretary
considers appropriate.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve.
Sec. 702. TRICARE payment options for retirees and their dependents.
Sec. 703. Lead level screening and testing for children.
Sec. 704. Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of periodic health
assessments and other physical examinations.
Sec. 705. Enhancement of recordkeeping with respect to exposure by
members of the Armed Forces to certain occupational and
environmental hazards while deployed overseas.
Sec. 706. Modifications to post-deployment mental health assessments
for members of the Armed Forces deployed in support of a
contingency operation.
Sec. 707. Provision of blood testing for firefighters of Department of
Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle B--Health Care Administration
Sec. 711. Modification of organization of military health system.
Sec. 712. Support by military health system of medical requirements of
combatant commands.
Sec. 713. Requirements for certain prescription drug labels.
Sec. 714. Officers authorized to command Army dental units.
Sec. 715. Improvements to interagency program office of the Department
of Defense and the Department of Veterans Affairs.
Sec. 716. Expansion of strategy to improve acquisition of managed care
support contracts under TRICARE program.
Sec. 717. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 718. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 719. Limitation on the realignment or reduction of military
medical manning end strength.
Sec. 720. Strategy to recruit and retain mental health providers.
Sec. 721. Development of partnerships to improve combat casualty care
for personnel of the Armed Forces.
Sec. 722. Modification to referrals for mental health services.
[[Page H9460]]
Subtitle C--Reports and Other Matters
Sec. 731. Authorization of claims by members of the uniformed services
against the United States for personal injury or death
caused by medical malpractice.
Sec. 732. Extension and clarification of authority for Joint Department
of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund.
Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine.
Sec. 734. Establishment of Academic Health System in National Capital
Region.
Sec. 735. Provision of veterinary services by veterinary professionals
of the Department of Defense in emergencies.
Sec. 736. Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund.
Sec. 737. Preservation of resources of the Army Medical Research and
Materiel Command and continuation as Center of
Excellence.
Sec. 738. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 739. National Guard suicide prevention pilot program.
Sec. 740. Pilot Program on civilian and military partnerships to
enhance interoperability and medical surge capability and
capacity of National Disaster Medical System.
Sec. 741. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the
Department of Defense.
Sec. 742. Modification of requirements for longitudinal medical study
on blast pressure exposure of members of the Armed Forces
and collection of exposure information.
Sec. 743. Study and plan on the use of military-civilian integrated
health delivery systems.
Sec. 744. Study on case management in the military health system.
Sec. 745. Report on Global Health Security Strategy and the National
Biodefense Security.
Sec. 746. Study on establishment of wounded warrior service dog
program.
Sec. 747. GAO report on Department of Defense quality assurance program
and impacts of medical malpractice actions.
Sec. 748. Reports on Millennium Cohort Study relating to women members
of the Armed Forces.
Sec. 749. Study on effects of sleep deprivation on readiness of members
of the Armed Forces.
Sec. 750. Study and report on traumatic brain injury mitigation
efforts.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE
SELECT FOR CERTAIN MEMBERS OF THE SELECTED
RESERVE.
Section 1076d(a)(2) of title 10, United States Code, is
amended by striking ``Paragraph (1) does not apply'' and
inserting ``During the period preceding January 1, 2030,
paragraph (1) does not apply''.
SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR
DEPENDENTS.
(a) In General.--Section 1099 of title 10, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Payment Options.--(1) A member or former member of
the uniformed services, or a dependent thereof, eligible for
medical care and dental care under section 1074(b) or 1076 of
this title shall pay a premium for coverage under this
chapter.
``(2) To the maximum extent practicable, a premium owed by
a member, former member, or dependent under paragraph (1)
shall be withheld from the retired, retainer, or equivalent
pay of the member, former member, or dependent. In all other
cases, a premium shall be paid in a frequency and method
determined by the Secretary.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 1097a of title 10,
United States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(2) Heading amendments.--
(A) Automatic enrollments.--The heading for section 1097a
of such title is amended to read as follows:
``Sec. 1097a. TRICARE Prime: automatic enrollments''.
(B) Enrollment system and payment options.--The heading for
section 1099 of such title is amended to read as follows:
``Sec. 1099. Health care enrollment system and payment
options''.
(3) Clerical amendments.--The table of sections at the
beginning of chapter 55 of such title is amended--
(A) by striking the item relating to section 1097a and
inserting the following new item:
``1097a. TRICARE Prime: automatic enrollments.''; and
(B) by striking the item relating to section 1099 and
inserting the following new item:
``1099. Health care enrollment system and payment options.''.
(c) Effective Date.--The amendments made by this section
shall apply to health care coverage beginning on or after
January 1, 2021.
SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN.
(a) Comprehensive Screening, Testing, and Reporting
Guidelines.--
(1) In general.--The Secretary of Defense shall establish
clinical practice guidelines for health care providers
employed by the Department of Defense on screening, testing,
and reporting of blood lead levels in children.
(2) Use of cdc recommendations.--Guidelines established
under paragraph (1) shall reflect recommendations made by the
Centers for Disease Control and Prevention with respect to
the screening, testing, and reporting of blood lead levels in
children.
(3) Dissemination of guidelines.--Not later than one year
after the date of the enactment of this Act, the Secretary
shall disseminate the clinical practice guidelines
established under paragraph (1) to health care providers of
the Department of Defense.
(b) Care Provided in Accordance With CDC Guidance.--The
Secretary shall ensure that any care provided by the
Department of Defense to a child for an elevated blood lead
level shall be carried out in accordance with applicable
guidance issued by the Centers for Disease Control and
Prevention.
(c) Sharing of Results of Testing.--
(1) In general.--With respect to a child who receives from
the Department of Defense a test for an elevated blood lead
level--
(A) the Secretary shall provide the results of the test to
the parent or guardian of the child; and
(B) notwithstanding any requirements for the
confidentiality of health information under the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191), if the results of the test show an abnormal
blood lead level or elevated blood lead level, the Secretary
shall provide those results and the address at which the
child resides to--
(i) the relevant health department of the State in which
the child resides if the child resides in the United States;
or
(ii) if the child resides outside the United States--
(I) the Centers for Disease Control and Prevention;
(II) the appropriate authority of the country in which the
child resides; and
(III) the primary provider of health care for the child for
follow-up.
(2) State defined.--In this subsection, the term ``State''
means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(d) Report.--Not later than January 1, 2021, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
detailing, with respect to the period beginning on the date
of the enactment of this Act and ending on the date of the
report, the following:
(1) The number of children who were tested by the
Department of Defense for the level of lead in the blood of
the child, and of such number, the number who were found to
have an elevated blood lead level.
(2) The number of children who were screened by the
Department of Defense for an elevated risk of lead exposure.
(e) Comptroller General Report.--Not later than January 1,
2022, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the effectiveness of
screening and testing for lead exposure and elevated blood
lead levels under chapter 55 of title 10, United States Code.
(f) Definitions.--In this section, the terms ``abnormal
blood lead level'' and ``elevated blood lead level'' have the
meanings given those terms by the Centers for Disease Control
and Prevention.
SEC. 704. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE
CHEMICALS OR OTHER AIRBORNE CONTAMINANTS AS
PART OF PERIODIC HEALTH ASSESSMENTS AND OTHER
PHYSICAL EXAMINATIONS.
(a) Periodic Health Assessment.--The Secretary of Defense
shall ensure that any periodic health assessment provided to
members of the Armed Forces includes an evaluation of whether
the member has been--
(1) based or stationed at a location where an open burn pit
was used; or
(2) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of
the Airborne Hazards and Open Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each
physical examination of a member under subparagraph (A)
includes an assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals or other
airborne contaminants, including any information recorded as
part of the registry established by the Secretary of Veterans
Affairs under such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
[[Page H9461]]
``(D) An assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals or other
airborne contaminants, including any information recorded as
part of the registry established by the Secretary of Veterans
Affairs under such section 201.''.
(d) Sharing of Information.--
(1) DOD-VA.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of
understanding providing for the sharing by the Department of
Defense with the Department of Veterans Affairs of the
results of covered evaluations regarding the exposure by a
member of the Armed Forces to toxic airborne chemicals or
other airborne contaminants.
(2) Registry.--If a covered evaluation of a member of the
Armed Forces establishes that the member was based or
stationed at a location where an open burn pit was used or
that the member was exposed to toxic airborne chemicals or
other airborne contaminants, the member shall be enrolled in
the Airborne Hazards and Open Burn Pit Registry unless the
member elects to not so enroll.
(e) Rule of Construction.--Nothing in this section may be
construed to preclude eligibility for benefits under the laws
administered by the Secretary of Veterans Affairs by reason
of the open burn pit exposure history of a veteran not being
recorded in a covered evaluation.
(f) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs under section 201 of the Dignified Burial
and Other Veterans' Benefits Improvement Act of 2012 (Public
Law 112-260; 38 U.S.C. 527 note).
(2) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in accordance
with subsection (a);
(B) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by this section; and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by this section.
(3) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-
260; 38 U.S.C. 527 note).
SEC. 705. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO
EXPOSURE BY MEMBERS OF THE ARMED FORCES TO
CERTAIN OCCUPATIONAL AND ENVIRONMENTAL HAZARDS
WHILE DEPLOYED OVERSEAS.
(a) Inclusion in Medical Tracking System of Occupational
and Environmental Health Risks in Deployment Area.--
(1) Elements of medical tracking system.--Subsection
(b)(1)(A) of section 1074f of title 10, United States Code,
is amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) accurately record any exposure to occupational and
environmental health risks during the course of their
deployment.''.
(2) Recordkeeping.--Subsection (c) of such section is
amended by inserting after ``deployment area'' the following:
``(including the results of any assessment performed by the
Secretary of occupational and environmental health risks for
such area)''.
(b) Postdeployment Medical Examination and Reassessments.--
Section 1074f of title 10, United States Code, as amended by
subsection (a), is further amended by adding at the end the
following new subsection:
``(g) Additional Requirements for Postdeployment Medical
Examinations and Health Reassessments.--(1) The Secretary of
Defense shall standardize and make available to a provider
that conducts a postdeployment medical examination or
reassessment under the system described in subsection (a)
questions relating to occupational and environmental health
exposure.
``(2) The Secretary, to the extent practicable, shall
ensure that the medical record of a member includes
information on the external cause relating to a diagnosis of
the member, including by associating an external cause code
(as issued under the International Statistical Classification
of Diseases and Related Health Problems, 10th Revision (or
any successor revision)).''.
(c) Access to Information in Burn Pit Registry.--
(1) In general.--The Secretary of Defense shall ensure that
all medical personnel of the Department of Defense have
access to the information contained in the burn pit registry.
(2) Burn pit registry defined.--In this subsection, the
term ``burn pit registry'' means the registry established
under section 201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
SEC. 706. MODIFICATIONS TO POST-DEPLOYMENT MENTAL HEALTH
ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Required Assessments.--Section 1074m(a)(1) of title 10,
United States Code, is amended by striking subparagraphs (C)
and (D) and inserting the following new subparagraphs:
``(C) Subject to paragraph (3) and subsection (d), once
during the period beginning on the date of redeployment from
the contingency operation and ending on the date that is 21
days after the date on which the post-deployment leave of the
member terminates.
``(D) Subject to subsection (d), not less than once
annually--
``(i) beginning 21 days after the date on which the post-
deployment leave of the member terminates; or
``(ii) if the assessment required by subparagraph (C) is
performed during the period specified in paragraph (3),
beginning 180 days after the date of redeployment from the
contingency operation.''.
(b) Exceptions.--Section 1074m(a) of such title, as amended
by subsection (a), is further amended by striking paragraph
(2) and inserting the following new paragraphs:
``(2) A mental health assessment is not required for a
member of the armed forces under subparagraphs (C) and (D) of
paragraph (1) (including an assessment performed pursuant to
paragraph (3)) if the Secretary determines that providing
such assessment to the member during the time periods under
such subparagraphs would remove the member from forward
deployment or put members or operational objectives at risk.
``(3) A mental health assessment required under
subparagraph (C) of paragraph (1) may be provided during the
period beginning 90 days after the date of redeployment from
the contingency operation and ending 180 days after such
redeployment date if the Secretary determines that--
``(A) an insufficient number of personnel are available to
perform the assessment during the time period under such
subparagraph; or
``(B) an administrative processing issue exists upon the
return of the member to the home unit or duty station that
would prohibit the effective performance of the assessment
during such time period.''.
(c) Elimination of Sunset for Assessments During
Deployment.--Section 1074m(a)(1)(B) of such title is amended
by striking ``Until January 1, 2019, once'' and inserting
``Once''.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall apply with respect to a date of redeployment
that is on or after January 1, 2020.
SEC. 707. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF
DEPARTMENT OF DEFENSE TO DETERMINE EXPOSURE TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Beginning on October 1, 2020, the
Secretary of Defense shall provide blood testing to determine
and document potential exposure to perfluoroalkyl and
polyfluoroalkyl substances (commonly known as ``PFAS'') for
each firefighter of the Department of Defense during the
annual physical exam conducted by the Department for each
such firefighter.
(b) Firefighter Defined.--In this section, the term
``firefighter'' means someone whose primary job or military
occupational specialty is being a firefighter.
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH
SYSTEM.
(a) Administration of Military Medical Treatment
Facilities.--Subsection (a) of section 1073c of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A), (B), (C), (D), (E),
and (F) as subparagraphs (C), (D), (E), (G), (H), and (I),
respectively;
(B) by inserting before subparagraph (C), as redesignated
by subparagraph (A) of this paragraph, the following new
subparagraphs:
``(A) provision and delivery of health care within each
such facility;
``(B) management of privileging, scope of practice, and
quality of health care provided within each such facility;'';
and
(C) by inserting after subparagraph (E), as so
redesignated, the following new subparagraph:
``(F) supply and equipment;'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (D), (E), (F), and (G)
as subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) to identify the capacity of each military medical
treatment facility to support clinical readiness standards of
health care providers established by the Secretary of a
military department or the Assistant Secretary of Defense for
Health Affairs;'' and
(C) by striking subparagraph (F), as redesignated by
subparagraph (A) of this paragraph, and inserting the
following new subparagraphs:
``(F) to determine, in coordination with each Secretary of
a military department, manning, including joint manning,
assigned to military medical treatment facilities and
intermediary organizations;
``(G) to select, after considering nominations from the
Secretaries of the military departments, commanders or
directors of military medical treatment facilities;''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting ``on behalf of the military departments,''
before ``ensuring''; and
(ii) by striking ``and civilian employees''; and
(B) in subparagraph (B), by inserting ``on behalf of the
Defense Health Agency,'' before ``furnishing''.
(b) DHA Assistant Director.--Subsection (b)(2) of such
section is amended by striking ``equivalent education and
experience'' and all that follows and inserting ``the
education and experience to perform the responsibilities of
the position.''.
(c) DHA Deputy Assistant Directors.--Subsection (c) of such
section is amended--
(1) in paragraph (2)(B), by striking ``across the military
health system'' and inserting ``at military medical treatment
facilities''; and
[[Page H9462]]
(2) in paragraph (4)(B), by inserting ``at military medical
treatment facilities'' before the period at the end.
(d) Treatment of Department of Defense for Purposes of
Personnel Assignment.--Such section is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Treatment of Department of Defense for Purposes of
Personnel Assignment.--In implementing this section--
``(1) the Department of Defense shall be considered a
single agency for purposes of civilian personnel assignment
under title 5; and
``(2) the Secretary of Defense may reassign any employee of
a component of the Department of Defense or a military
department in a position in the civil service (as defined in
section 2101 of title 5) to any other component of the
Department of Defense or military department.''.
(e) Military Medical Treatment Facility.--Subsection (g) of
such section, as redesignated by subsection (d)(1), is
amended by adding at the end the following new paragraph:
``(3) The term `military medical treatment facility'
means--
``(A) any fixed facility of the Department of Defense that
is outside of a deployed environment and used primarily for
health care; and
``(B) any other location used for purposes of providing
health care services as designated by the Secretary of
Defense.''.
(f) Technical Amendments.--Subsection (a) of such section
is amended--
(1) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraph (5) as paragraph (6);
(3) by redesignating the first paragraph (4) as paragraph
(5); and
(4) by moving the second paragraph (4) so as to appear
before paragraph (5), as redesignated by paragraph (3) of
this subsection.
SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.
(a) In General.--Section 712 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) In general.--The Secretary of Defense shall, acting
through the Secretaries of the military departments, the
Defense Health Agency, and the Joint Staff, implement an
organizational framework of the military health system that
effectively and efficiently implements chapter 55 of title
10, United States Code, to maximize the readiness of the
medical force, promote interoperability, and integrate
medical capabilities of the Armed Forces in order to enhance
joint military medical operations in support of requirements
of the combatant commands.'';
(2) in subsection (e), by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively, and by moving
such paragraphs so as to appear at the end of subsection (d);
(3) by striking subsection (e), as amended by paragraph (2)
of this subsection;
(4) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(5) by inserting after subsection (a) the following new
subsection (b):
``(b) Additional Duties of Surgeons General of the Armed
Forces.--The Surgeons General of the Armed Forces shall have
the following duties:
``(1) To ensure the readiness for operational deployment of
medical and dental personnel and deployable medical or dental
teams or units of the Armed Force or Armed Forces concerned.
``(2) To meet medical readiness standards, subject to
standards and metrics established by the Assistant Secretary
of Defense for Health Affairs.
``(3) With respect to uniformed medical and dental
personnel of the military department concerned--
``(A) to assign such personnel--
``(i) primarily to military medical treatment facilities,
under the operational control of the commander or director of
the facility; or
``(ii) secondarily to partnerships with civilian or other
medical facilities for training activities specific to such
military department; and
``(B) to maintain readiness of such personnel for
operational deployment.
``(4) To provide logistical support for operational
deployment of medical and dental personnel and deployable
medical or dental teams or units of the Armed Force or Armed
Forces concerned.
``(5) To oversee mobilization and demobilization in
connection with the operational deployment of medical and
dental personnel of the Armed Force or Armed Forces
concerned.
``(6) To develop operational medical capabilities required
to support the warfighter, and to develop policy relating to
such capabilities.
``(7) To provide health professionals to serve in
leadership positions across the military healthcare system.
``(8) To deliver operational clinical services under the
operational control of the combatant commands--
``(A) on ships and planes; and
``(B) on installations outside of military medical
treatment facilities.
``(9) To manage privileging, scope of practice, and quality
of health care in the settings described in paragraph (8).'';
(6) in subsection (c), as redesignated by paragraph (4) of
this subsection--
(A) in the subsection heading, by inserting ``Agency''
before ``Regions''; and
(B) in paragraph (1)--
(i) in the paragraph heading, by inserting ``Agency''
before ``regions''; and
(ii) by striking ``defense health'' and inserting ``Defense
Health Agency'';
(7) in subsection (d), as redesignated by paragraph (4) of
this subsection--
(A) in the subsection heading, by inserting ``Agency''
before ``Regions'';
(B) in the matter preceding paragraph (1), by striking
``defense health'' and inserting ``Defense Health Agency'';
and
(C) in paragraph (3), by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(8) in subsection (e), as redesignated by paragraph (4) of
this subsection--
(A) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--The Secretaries of the military
departments shall coordinate with the Chairman of the Joint
Chiefs of Staff to direct resources allocated to the military
departments to support requirements related to readiness and
operational medicine support that are established by the
combatant commands and validated by the Joint Staff.''; and
(ii) in subparagraph (B), in the matter preceding clause
(i), by striking ``Based on'' and all that follows through
``shall--'' and inserting ``The Director of the Defense
Health Agency, in coordination with the Assistant Secretary
of Defense for Health Affairs, shall--'';
(B) in paragraph (3), as moved and redesignated by
paragraph (2) of this subsection, in the second sentence--
(i) by inserting ``primarily'' before ``through''; and
(ii) by inserting``, in coordination with the Secretaries
of the military departments,'' after ``the Defense Health
Agency''; and
(C) by adding at the end the following:
``(5) Manpower.--
``(A) Administrative control of military personnel.--Each
Secretary of a military department shall exercise
administrative control of members of the Armed Forces
assigned to military medical treatment facilities, including
personnel assignment and issuance of military orders.
``(B) Oversight of certain personnel by the director of the
defense health agency.--In situations in which members of the
Armed Forces provide health care services at a military
medical treatment facility, the Director of the Defense
Health Agency shall maintain operational control over such
members and oversight for the provision of care delivered by
such members through policies, procedures, and privileging
responsibilities of the military medical treatment
facility.''.
(b) Conforming Amendments.--
(1) Heading amendment.--The heading for section 712 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) is amended to read as follows:
``SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by striking the item relating to section 712 and
inserting the following new item:
``Sec. 712. Support by military healthcare system of medical
requirements of combatant commands.''.
SEC. 713. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS.
(a) Requirement.--Section 1074g of title 10, United States
Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Labeling.--The Secretary of Defense shall ensure that
drugs made available through the facilities of the armed
forces under the jurisdiction of the Secretary include labels
and other labeling that are in compliance with the
requirements of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.).''.
(b) Conforming Amendment.--Subsection (b)(1) of such
section is amended by striking ``under subsection (h)'' and
inserting ``under subsection (j)''.
(c) Implementation.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall implement subsection (h) of section 1074g of
title 10, United States Code, as added by subsection (a).
SEC. 714. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
Section 7081(d) of title 10, United States Code, is amended
by striking ``Dental Corps Officer'' and inserting
``commissioned officer of the Army Medical Department''.
SEC. 715. IMPROVEMENTS TO INTERAGENCY PROGRAM OFFICE OF THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Leadership.--Subsection (c) of section 1635 of the
Wounded Warrior Act (title XVI of Public Law 110-181; 10
U.S.C. 1071 note) is amended to read as follows:
``(c) Leadership.--
``(1) Director.--The Director of the Office shall be the
head of the Office.
``(2) Deputy director.--The Deputy Director of the Office
shall be the deputy head of the Office and shall assist the
Director in carrying out the duties of the Director.
``(3) Reporting.--The Director shall report directly to the
Deputy Secretary of Defense and the Deputy Secretary of
Veterans Affairs.
``(4) Appointments.--
``(A) Director.--The Director shall be appointed by the
Secretary of Defense, with the concurrence of the Secretary
of Veterans Affairs, for a fixed term of four years. For the
subsequent term, the Secretary of Veterans Affairs, with the
concurrence of the Secretary of Defense, shall appoint the
Director for a fixed term of four years, and thereafter, the
appointment
[[Page H9463]]
of the Director for a fixed term of four years shall
alternate between the Secretaries.
``(B) Deputy director.--The Deputy Director shall be
appointed by the Secretary of Veterans Affairs, with the
concurrence of the Secretary of Defense, for a fixed term of
four years. For the subsequent term, the Secretary of
Defense, with the concurrence of the Secretary of Veterans
Affairs, shall appoint the Deputy Director for a fixed term
of four years, and thereafter, the appointment of the Deputy
Director for a fixed term of four years shall alternate
between the Secretaries
``(C) Minimum qualifications.--The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly develop
qualification requirements for the Director and the Deputy
Director. Such requirements shall ensure that, at a minimum,
the Director and Deputy Director, individually or together,
meet the following qualifications:
``(i) Significant experience at a senior management level
fielding enterprise-wide technology in a health care setting,
or business systems in the public or private sector.
``(ii) Credentials for enterprise-wide program management.
``(iii) Significant experience leading implementation of
complex organizational change by integrating the input of
experts from various disciplines, such as clinical, business,
management, informatics, and technology.
``(5) Succession.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly develop a
leadership succession process for the Office.
``(6) Additional guidance.--The Department of Veterans
Affairs-Department of Defense Joint Executive Committee may
provide guidance in the discharge of the functions of the
Office under this section.
``(7) Information to congress.--Upon request by any of the
appropriate committees of Congress, the Director and the
Deputy Director shall testify before such committee, or
provide a briefing or otherwise provide requested information
to such committee, regarding the discharge of the functions
of the Office under this section.''.
(b) Authority.--Paragraph (1) of subsection (b) of such
section is amended by adding at the end the following new
sentence: ``The Office shall carry out decision making
authority delegated to the Office by the Secretary of Defense
and the Secretary of Veterans Affairs with respect to the
definition, coordination, and management of functional,
technical, and programmatic activities that are jointly used,
carried out, and shared by the Departments.''.
(c) Purposes.--Paragraph (2) of subsection (b) of such
section is amended by adding at the end the following new
subparagraphs:
``(C) To develop and implement a comprehensive
interoperability strategy, which shall include--
``(i) the Electronic Health Record Modernization Program of
the Department of Veterans Affairs; and
``(ii) the Healthcare Management System Modernization
Program of the Department of Defense.
``(D) To pursue the highest level of interoperability for
the delivery of health care by the Department of Defense and
the Department of Veterans Affairs.
``(E) To accelerate the exchange of health care information
between the Departments, and advances in the health
information technology marketplace, in order to support the
delivery of health care by the Departments.
``(F) To collect the operational and strategic requirements
of the Departments relating to the strategy under subsection
(a) and communicate such requirements and activities to the
Office of the National Coordinator for Health Information
Technology of the Department of Health and Human Services for
the purpose of implementing title IV of the 21st Century
Cures Act (division A of Public Law 114-255), and the
amendments made by that title, and other objectives of the
Office of the National Coordinator for Health Information
Technology.
``(G) To plan for and effectuate the broadest possible
implementation of standards, specifically with respect to the
Fast Healthcare Interoperability Resources standard or
successor standard, the evolution of such standards, and the
obsolescence of such standards.
``(H) To actively engage with national and international
health standards setting organizations, including by taking
membership in such organizations, to ensure that standards
established by such organizations meet the needs of the
Departments pursuant to the strategy under subsection (a),
and oversee and approve adoption of and mapping to such
standards by the Departments.
``(I) To express the content and format of health data of
the Departments using a common language to improve the
exchange of data between the Departments and with the private
sector, and to ensure that clinicians of the Departments have
access to integrated, computable, comprehensive health
records of patients.
``(J) To inform the Chief Information Officer of the
Department of Defense and the Chief Information Officer of
the Department of Veterans Affairs of any activities of the
Office affecting or relevant to cybersecurity.
``(K) To establish an environment that will enable and
encourage the adoption by the Departments of innovative
technologies for health care delivery.
``(L) To leverage data integration to advance health
research and develop an evidence base for the health care
programs of the Departments.
``(M) To prioritize the use of open systems architecture by
the Departments.
``(N) To ensure ownership and control by patients of
personal health information and data in a manner consistent
with applicable law.
``(O) To prevent contractors of the Departments or other
non-departmental entities from owning or having exclusive
control over patient health data, for the purposes of
protecting patient privacy and enhancing opportunities for
innovation.
``(P) To implement a single lifetime longitudinal personal
health record between the Department of Defense and the
Department of Veterans Affairs.
``(Q) To attain interoperability capabilities--
``(i) sufficient to enable the provision of seamless health
care by health care facilities and providers of the
Departments, as well as private sector facilities and
providers contracted by the Departments; and
``(ii) that are more adaptable and far reaching than those
achievable through biodirectional information exchange
between electronic health records of the exchange of read-
only data alone.
``(R) To make maximum use of open-application program
interfaces and the Fast Healthcare Interoperability Resources
standard (or successor standard).''.
(d) Implementation Milestones.--Subsection (e) of such
section is amended to read as follows:
``(e) Implementation Milestones.--
``(1) Evaluation.--With respect to the electronic health
record systems of the Department of Defense and the
Department of Veterans Affairs, the Office shall seek to
enter into an agreement with an independent entity to conduct
an evaluation by not later than October 1, 2021 of the
following:
``(A) Whether a clinician of the Department of Defense, can
access, and meaningfully interact with, a complete patient
health record of a veteran, from a military medical treatment
facility.
``(B) Whether a clinician of the Department of Veterans
Affairs can access, and meaningfully interact with, a
complete patient health record of a member of the Armed
Forces serving on active duty, from a medical center of the
Department of Veterans Affairs.
``(C) Whether clinicians of the Departments can access, and
meaningfully interact with, the data elements of the health
record of a patient who is a veteran or is a member of the
Armed Forces which are generated when the individual receives
health care from a community care provider of the Department
of Veterans Affairs or a TRICARE program provider of the
Department of Defense.
``(D) Whether a community care provider of the Department
of the Veterans Affairs and a TRICARE program provider of the
Department of Defense on a Health Information Exchange-
supported electronic health record can access patient health
records of veterans and active-duty members of the Armed
Forces from the system of the provider.
``(E) An assessment of interoperability between the legacy
electronic health record systems and the future electronic
health record systems of the Department of Veterans Affairs
and the Department of Defense.
``(F) An assessment of the use of interoperable content
between--
``(i) the legacy electronic health record systems and the
future electronic health record systems of the Department of
Veterans Affairs and the Department of Defense; and
``(ii) third-party applications.
``(2) System configuration management.--The Office shall--
``(A) maintain the common configuration baseline for the
electronic health record systems of the Department of Defense
and the Department of Veterans Affairs; and
``(B) continually evaluate the state of configuration and
the impacts on interoperability; and
``(C) promote the enhancement of such electronic health
records systems.
``(3) Consultation.--
``(A) Annual meeting required.--Not less than once per
year, the Office shall convene a meeting of clinical staff
from the Department of Defense, the Department of Veterans
Affairs, the Coast Guard, community providers, and other
leading clinical experts, for the purpose of assessing the
state of clinical use of the electronic health record systems
and whether the systems are meeting clinical and patient
needs.
``(B) Recommendations.--Clinical staff participating in a
meeting under subparagraph (A) shall make recommendations to
the Office on the need for any improvements or concerns with
the electronic health record systems.
``(4) Clinical and patient satisfaction survey.--Beginning
October 1, 2021, and on at least a biannual basis thereafter
until 2025 at the earliest, the Office shall undertake a
clinician and patient satisfaction survey regarding clinical
use and patient experience with the electronic health record
systems of the Department of Defense and the Department of
Veterans Affairs.''.
(e) Resources and Staffing.--Subsection (g) of such section
is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, including the assignment of clinical
or technical personnel of the Department of Defense or the
Department of Veterans Affairs to the Office''; and
(2) by adding at the end the following new paragraphs:
``(3) Cost sharing.--The Secretary of Defense and the
Secretary of Veterans shall enter into an agreement on cost
sharing and providing resources for the operations and
staffing of the Office.
``(4) Hiring authority.--The Secretary of Defense and the
Secretary of Veterans Affairs shall delegate to the Director
the authority under title 5, United States Code, regarding
appointments in the competitive service to hire personnel of
the Office.''.
(f) Reports.--Subsection (h) of such section is amended to
read as follows:
``(h) Reports.--
``(1) Annual reports.--Not later than September 30, 2020,
and each year thereafter
[[Page H9464]]
through 2024, the Director shall submit to the Secretary of
Defense and the Secretary of Veterans Affairs, and to the
appropriate committees of Congress, a report on the
activities of the Office during the preceding calendar year.
Each report shall include the following:
``(A) A detailed description of the activities of the
Office during the year covered by such report, including a
detailed description of the amounts expended and the purposes
for which expended.
``(B) With respect to the objectives of the strategy under
paragraph (2)(C) of subsection (b), and the purposes of the
Office under such subsection--
``(i) a discussion, description, and assessment of the
progress made by the Department of Defense and the Department
of Veterans Affairs during the preceding calendar year; and
``(ii) a discussion and description of the goals of the
Department of Defense and the Department of Veterans Affairs
for the following calendar year, including updates to
strategies and plans.
``(C) A detailed financial summary of the activities of the
Office, including the funds allocated to the Office by each
Department, the expenditures made, and an assessment as to
whether the current funding is sufficient to carry out the
activities of the Office.
``(D) A detailed description of the status of each of the
implementation milestones, including the nature of the
evaluation, methodology for testing, and findings with
respect to each milestone under subsection (e).
``(E) A detailed description of the state of the
configuration baseline, including any activities which
decremented or enhanced the state of configuration under
subsection (e).
``(F) With respect to the annual meeting required under
subsection (e)(3)--
``(i) a detailed description of activities, assessments,
and recommendations relating to such meeting; and
``(ii) the response of the Office to any such
recommendations.
``(2) Availability.--Each report under this subsection
shall be made publicly available.''.
(g) Definitions.--Such section is further amended by adding
at the end the following new subsection (k):
``(k) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means--
``(A) the congressional defense committees; and
``(B) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
``(2) The term `configuration baseline' means a fixed
reference in the development cycle or an agreed-upon
specification of a product at a point in time that serves as
a documented basis for defining incremental change in all
aspects of an information technology product.
``(3) The term `Electronic Health Record Modernization
Program' has the meaning given that term in section 503 of
the Veterans Benefits and Transition Act of 2018 (Public Law
115-407; 132 Stat. 5376).
``(4) The term `interoperability' means the ability of
different information systems, devices, or applications to
connect, regardless of the technology platform or the
location where care is provided--
``(A) in a coordinated and secure manner, within and across
organizational boundaries, and across the complete spectrum
of care, including all applicable care settings;
``(B) with relevant stakeholders, including the person
whose information is being shared, to access, exchange,
integrate, and use computable data regardless of the origin
or destination of the data or the applications employed;
``(C) with the capability to reliably exchange information
without error;
``(D) with the ability to interpret and to make effective
use of such exchanged information;
``(E) with the ability for information that can be used to
advance patient care to move between health care entities;
and
``(F) without additional intervention by the end user.
``(5) The term `meaningfully interact' means the ability to
view, consume, act upon, and edit information in a clinical
setting to facilitate high-quality clinical decision making.
``(6) The term `seamless health care' means health care
which is optimized through access by patients and clinicians
to integrated, relevant, and complete information about the
clinical experiences of the patient, social and environmental
determinants of health, and health trends over time, in order
to enable patients and clinicians to--
``(A) move efficiently within and across organizational
boundaries;
``(B) make high-quality decisions; and
``(C) effectively carry out complete plans of care.
``(7) The term `Secretary concerned' means--
``(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense;
``(B) the Secretary of Veterans Affairs, with respect to
matters concerning the Department of Veterans Affairs; and
``(C) the Secretary of Homeland Security, with respect to
matters concerning the Coast Guard when it is not operating
as a service in the Department of the Navy.
``(8) The term `TRICARE program' has the meaning given that
term in section 1072 of title 10, United States Code.''.
(h) Interoperability Strategy.--
(1) Report required.--Not later than 270 days after the
date of the enactment of this Act, the Director shall submit
to each Secretary concerned and to the appropriate
congressional committees a report that contains a
comprehensive interoperability strategy with respect to
electronic health records jointly developed by the Secretary
of Defense and Secretary of Veterans Affairs, including any
accompanying or associated implementation plans and
supporting plans.
(2) Elements.--The comprehensive interoperability strategy
under paragraph (1) shall discuss the purposes described in
paragraphs (K) through (R) of section 1635(b)(2) of the
Wounded Warrior Act (title XVI of Public Law 110-181; 10
U.S.C. 1071 note), as amended by subsection (c).
(3) Definitions.--In this subsection:
(A) The term ``appropriate congressional committees''
means--
(i) the Committees on Armed Services of the Senate and the
House of Representatives; and
(ii) the Committees on Veterans' Affairs of the Senate and
the House of Representatives.
(B) The term ``Director'' means the individual described in
section 1635(c) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 10 U.S.C. 1071 note), as amended by
subsection (a).
(C) The term ``interoperability'' has the meaning given
that term in subsection (k) of such section, as added by
subsection (g).
(i) Conforming Repeal.--Section 713 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 1071 note) is repealed.
SEC. 716. EXPANSION OF STRATEGY TO IMPROVE ACQUISITION OF
MANAGED CARE SUPPORT CONTRACTS UNDER TRICARE
PROGRAM.
Section 705(c)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073a
note) is amended, in the matter preceding subparagraph (A),
by striking ``, other than overseas medical support
contracts''.
SEC. 717. INCLUSION OF BLAST EXPOSURE HISTORY IN MEDICAL
RECORDS OF MEMBERS OF THE ARMED FORCES.
(a) Requirement.--If a covered incident occurs with respect
to a member of the Armed Forces, the Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall document blast exposure history in the
medical record of the member to assist in determining whether
a future illness or injury of the member is service-connected
and inform future blast exposure risk mitigation efforts of
the Department of Defense.
(b) Elements.--A blast exposure history under subsection
(a) shall include, at a minimum, the following:
(1) The date of the exposure.
(2) The duration of the exposure, and, if known, the
measured blast pressure experienced by the individual during
such exposure.
(3) Whether the exposure occurred during combat or
training.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the types of information
included in a blast exposure history under subsection (a).
(d) Covered Incident Defined.--In this section, the term
``covered incident'' means a concussive event or injury that
requires a military acute concussive evaluation by a skilled
health care provider.
SEC. 718. COMPREHENSIVE POLICY FOR PROVISION OF MENTAL HEALTH
CARE TO MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the Under Secretary of Defense for Personnel
and Readiness, shall develop and implement a comprehensive
policy for the provision of mental health care to members of
the Armed Forces.
(b) Elements.--The policy under subsection (a) shall
address each of the following:
(1) The compliance of health professionals in the military
health system engaged in the provision of health care
services to members with clinical practice guidelines for--
(A) suicide prevention;
(B) medication-assisted therapy for alcohol use disorders;
and
(C) medication-assisted therapy for opioid use disorders.
(2) The access and availability of mental health care
services to members who are victims of sexual assault or
domestic violence.
(3) The availability of naloxone reversal capability on
military installations.
(4) The promotion of referrals of members by civilian
health care providers to military medical treatment
facilities when such members are--
(A) at high risk for suicide and diagnosed with a
psychiatric disorder; or
(B) receiving treatment for opioid use disorders.
(5) The provision of comprehensive behavioral health
treatment to members of the reserve components that takes
into account the unique challenges associated with the
deployment pattern of such members and the difficulty such
members encounter post-deployment with respect to accessing
such treatment in civilian communities.
(c) Consideration.--In developing the policy under
subsection (a), the Secretary of Defense shall solicit and
consider recommendations from the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff
regarding the feasibility of implementation and execution of
particular elements of the policy.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the implementation of
the policy under subsection (a).
SEC. 719. LIMITATION ON THE REALIGNMENT OR REDUCTION OF
MILITARY MEDICAL MANNING END STRENGTH.
(a) Limitation.--Except as provided by subsection (d), the
Secretary of Defense and the Secretaries concerned may not
realign or reduce military medical end strength
authorizations until--
[[Page H9465]]
(1) each review is conducted under paragraph (1) of
subsection (b);
(2) each analysis is conducted under paragraph (2) of such
subsection;
(3) the measurement is developed under paragraph (3) of
such subsection;
(4) each plan and forum is provided under paragraph (4) of
such subsection; and
(5) a period of 90 days elapses following the date on which
the Secretary submits the report under subsection (c).
(b) Reviews, Analyses, and Other Information.--
(1) Review.--Each Secretary concerned, in coordination with
the Chairman of the Joint Chiefs of Staff, shall conduct a
review of the medical manpower requirements of the military
department of the Secretary that accounts for all national
defense strategy scenarios.
(2) Analyses.--With respect to each military medical
treatment facility that would be affected by a proposed
military medical end strength realignment or reduction, the
Secretary concerned shall conduct an analysis that--
(A) identifies affected billets; and
(B) includes a plan for mitigating any potential gap in
health care services caused by such realignment or reduction.
(3) Measurement.--The Secretary of Defense shall--
(A) develop a standard measurement for network adequacy to
determine the capacity of the local health care network to
provide care for covered beneficiaries in the area of a
military medical treatment facility that would be affected by
a proposed military medical end strength realignment or
reduction; and
(B) use such measurement in carrying out this section and
otherwise evaluating proposed military medical end strength
realignment or reductions.
(4) Outreach.--The Secretary of Defense shall provide to
each member of the Armed Forces and covered beneficiary
located in the area of a military medical treatment facility
that would be affected by a proposed military medical end
strength realignment or reduction the following:
(A) A transition plan for continuity of health care
services.
(B) A public forum to discuss the concerns of the member
and covered beneficiary regarding such proposed realignment
or reduction.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the proposed
military medical end strength realignments or reductions,
including--
(1) the reviews, analyses, and other information developed
under subsection (b); and
(2) a description of the actions the Secretary plans to
take with respect to such proposed realignments or
reductions.
(d) Exception.--
(1) In general.--The limitation in subsection (a) shall not
apply--
(A) to administrative billets of a medical department of a
military department that have remained unfilled since at
least October 1, 2018;
(B) to billets identified as non-clinical in the budget of
the President for fiscal year 2020 submitted to Congress
pursuant to section 1105 of title 31, United States Code,
except that the amount of such billets shall not exceed
1,700; and
(C) to medical headquarters billets of the military
departments not assigned or directly supporting to
operational commands.
(2) Determination prior to realignment or reduction.--The
Secretary concerned may realign or reduce a billet described
in paragraph (1) if the Secretary determines that such
realignment or reduction does not affect the provision of
health care services to members of the Armed Forces or
covered beneficiaries.
(e) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ``proposed military medical end strength
realignment or reduction'' means a realignment or reduction
of military medical end strength authorizations as proposed
by the budget of the President for fiscal year 2020 submitted
to Congress pursuant to section 1105 of title 31, United
States Code.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard
when it is operating as a service in the Department of the
Navy; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force.
SEC. 720. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH
PROVIDERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that--
(1) describes the shortage of mental health providers of
the Department of Defense;
(2) explains the reasons for such shortage;
(3) explains the effect of such shortage on members of the
Armed Forces; and
(4) contains a strategy to better recruit and retain mental
health providers, including with respect to psychiatrists,
psychologists, mental health nurse practitioners, licensed
social workers, and other licensed providers of the military
health system, in a manner that addresses the need for
cultural competence and diversity among such mental health
providers.
SEC. 721. DEVELOPMENT OF PARTNERSHIPS TO IMPROVE COMBAT
CASUALTY CARE FOR PERSONNEL OF THE ARMED
FORCES.
(a) Partnerships.--
(1) In general.--The Secretary of Defense, through the
Joint Trauma Education and Training Directorate established
under section 708 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1071
note), may develop partnerships with civilian academic
medical centers and large metropolitan teaching hospitals to
improve combat casualty care for personnel of the Armed
Forces.
(2) Partnerships with level i trauma centers.--In carrying
out partnerships under paragraph (1), trauma surgeons and
physicians of the Department of Defense may partner with
level I civilian trauma centers to provide training and
readiness for the next generation of medical providers to
treat critically injured burn patients.
(b) Support of Partnerships.--The Secretary of Defense may
make every effort to support partnerships under the Joint
Trauma Education and Training Directorate with academic
institutions that have level I civilian trauma centers,
specifically those centers with a burn center, that offer
burn rotations and clinical experience to provide training
and readiness for the next generation of medical providers to
treat critically injured burn patients.
(c) Level I Civilian Trauma Center Defined.--In this
section, the term ``level I civilian trauma center'' has the
meaning given that term in section 708 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 1071 note).
SEC. 722. MODIFICATION TO REFERRALS FOR MENTAL HEALTH
SERVICES.
If the Secretary of Defense is unable to provide mental
health services in a military medical treatment facility to a
member of the Armed Forces within 15 days of the date on
which such services are first requested by the member, the
Secretary may refer the member to a provider under the
TRICARE program (as that term is defined in section 1072 of
title 10, United States Code) to receive such services.
Subtitle C--Reports and Other Matters
SEC. 731. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE UNIFORMED
SERVICES AGAINST THE UNITED STATES FOR PERSONAL
INJURY OR DEATH CAUSED BY MEDICAL MALPRACTICE.
(a) Medical Malpractice Claims.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by inserting after section 2733 the
following new section:
``Sec. 2733a. Medical malpractice claims by members of the
uniformed services
``(a) In General.--Consistent with this section and under
such regulations as the Secretary of Defense shall prescribe
under subsection (f), the Secretary may allow, settle, and
pay a claim against the United States for personal injury or
death incident to the service of a member of the uniformed
services that was caused by the medical malpractice of a
Department of Defense health care provider.
``(b) Requirement for Claims.--A claim may be allowed,
settled, and paid under subsection (a) only if--
``(1) the claim is filed by the member of the uniformed
services who is the subject of the medical malpractice
claimed, or by an authorized representative on behalf of such
member who is deceased or otherwise unable to file the claim
due to incapacitation;
``(2) the claim is for personal injury or death caused by
the negligent or wrongful act or omission of a Department of
Defense health care provider in the performance of medical,
dental, or related health care functions while such provider
was acting within the scope of employment;
``(3) the act or omission constituting medical malpractice
occurred in a covered military medical treatment facility;
``(4) the claim is presented to the Department in writing
within two years after the claim accrues;
``(5) the claim is not allowed to be settled and paid under
any other provision of law; and
``(6) the claim is substantiated as prescribed in
regulations prescribed by the Secretary of Defense under
subsection (f).
``(c) Liability.--(1) The Department of Defense is liable
for only the portion of compensable injury, loss, or damages
attributable to the medical malpractice of a Department of
Defense health care provider.
``(2) The Department of Defense shall not be liable for the
attorney fees of a claimant under this section.
``(d) Payment of Claims.--(1) If the Secretary of Defense
determines, pursuant to regulations prescribed by the
Secretary under subsection (f), that a claim under this
section in excess of $100,000 is meritorious, and the claim
is otherwise payable under this section, the Secretary may
pay the claimant $100,000 and report any meritorious amount
in excess of $100,000 to the Secretary of the Treasury for
payment under section 1304 of title 31.
``(2) Except as provided in paragraph (1), no claim may be
paid under this section unless the amount tendered is
accepted by the claimant in full satisfaction.
``(e) Reporting Medical Malpractice.--Not later than 30
days after a determination of medical malpractice or the
payment of all or part of a claim under this section, the
Secretary of Defense shall submit to the Director of the
Defense Health Agency a report documenting such determination
or payment to be used by the Director for all necessary and
appropriate purposes, including medical quality assurance.
``(f) Regulations.--(1) The Secretary of Defense shall
prescribe regulations to implement this section.
``(2) Regulations prescribed by the Secretary under
paragraph (1) shall include the following:
``(A) Policies and procedures to ensure the timely,
efficient, and effective processing and administration of
claims under this section, including--
[[Page H9466]]
``(i) the filing, receipt, investigation, and evaluation of
a claim;
``(ii) the negotiation, settlement, and payment of a claim;
``(iii) such other matters relating to the processing and
administration of a claim, including an administrative
appeals process, as the Secretary considers appropriate.
``(B) Uniform standards consistent with generally accepted
standards used in a majority of States in adjudicating claims
under chapter 171 of title 28 (commonly known as the `Federal
Tort Claims Act') to be applied to the evaluation,
settlement, and payment of claims under this section without
regard to the place of occurrence of the medical malpractice
giving rise to the claim or the military department or
service of the member of the uniformed services, and without
regard to foreign law in the case of claims arising in
foreign countries, including uniform standards to be applied
to determinations with respect to--
``(i) whether an act or omission by a Department of Defense
health care provider in the context of performing medical,
dental, or related health care functions was negligent or
wrongful, considering the specific facts and circumstances;
``(ii) whether the personal injury or death of the member
was caused by a negligent or wrongful act or omission of a
Department of Defense health care provider in the context of
performing medical, dental, or related health care functions,
considering the specific facts and circumstances;
``(iii) requirements relating to proof of duty, breach of
duty, and causation resulting in compensable injury or loss,
subject to such exclusions as may be established by the
Secretary of Defense; and
``(iv) calculation of damages.
``(C) Such other matters as the Secretary considers
appropriate.
``(3) In order to implement expeditiously the provisions of
this section, the Secretary may prescribe the regulations
under this subsection--
``(A) by prescribing an interim final rule; and
``(B) not later than one year after prescribing such
interim final rule and considering public comments with
respect to such interim final rule, by prescribing a final
rule.
``(g) Limitation on Attorney Fees.--(1) No attorney shall
charge, demand, receive, or collect for services rendered,
fees in excess of 20 percent of any claim paid pursuant to
this section.
``(2) Any attorney who charges, demands, receives, or
collects for services rendered in connection with a claim
under this section any amount in excess of the amount allowed
under paragraph (1), if recovery be had, shall be fined not
more than $2,000, imprisoned not more than one year, or both.
``(h) Annual Report.--Not less frequently than annually
until 2025, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report--
``(1) indicating the number of claims processed under this
section;
``(2) indicating the resolution of each such claim; and
``(3) describing any other information that may enhance the
effectiveness of the claims process under this section.
``(i) Definitions.--In this section:
``(1) Covered military medical treatment facility.--The
term `covered military medical treatment facility' means a
facility described in subsection (b), (c), or (d) of section
1073d of this title.
``(2) Department of defense health care provider.--The term
`Department of Defense health care provider' means a member
of the uniformed services, civilian employee of the
Department of Defense, or personal services contractor of the
Department (under section 1091 of this title) authorized by
the Department to provide health care services and acting
within the scope of employment of such individual.
``(3) Member of the uniformed services.--The term `member
of the uniformed services' includes a member of a reserve
component of the armed forces if the claim by the member
under this section is in connection with personal injury or
death that occurred while the member was in Federal
status.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 163 of such title is amended by
inserting after the item relating to section 2733 the
following new item:
``2733a. Medical malpractice claims by members of the uniformed
services.''.
(b) Interim Briefing on Development of Regulations.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of
Representatives a briefing on the development of regulations
under section 2733a(f) of title 10, United States Code, as
added by subsection (a)(1).
(c) Conforming Amendments.--
(1) Section 2735 of such title is amended by striking
``2733,'' and inserting ``2733, 2733a,''.
(2) Section 1304(a)(3)(D) of title 31, United States Code,
is amended by striking ``2733,'' and inserting ``2733,
2733a,''.
(d) Effective Date and Transition Provision.--
(1) Effective date.--The amendments made by this section
shall apply to any claim filed under section 2733a of such
title, as added by subsection (a)(1), on or after January 1,
2020.
(2) Transition.--Any claim filed in calendar year 2020
shall be deemed to be filed within the time period specified
in section 2733a(b)(4) of such title, as so added, if it is
filed within three years after it accrues.
SEC. 732. EXTENSION AND CLARIFICATION OF AUTHORITY FOR JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND.
Title XVII of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567) is
amended--
(1) in section 1701--
(A) in subsection (a), by striking ``Subject to subsection
(b), the'' and inserting ``The'';
(B) by striking subsection (b); and
(C) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(2) in section 1702(a)(1), by striking ``hereafter in this
title'' and inserting ``in this section'';
(3) in section 1703, in subsections (a) and (c), by
striking ``the facility'' and inserting ``the James A. Lovell
Federal Health Care Center'';
(4) in section 1704--
(A) in subsections (a)(3), (a)(4)(A), and (b)(1), by
striking ``the facility'' and inserting ``the James A. Lovell
Federal Health Care Center''; and
(B) in subsection (e), as most recently amended by section
731 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), by striking
``September 30, 2020'' and inserting ``September 30, 2021'';
(5) in section 1705--
(A) in subsection (a), by striking ``the facility'' and
inserting ``the James A. Lovell Federal Health Care Center
(in this section referred to as the `JALFHCC')'';
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ``the facility'' and inserting ``the
JALFHCC''; and
(C) in subsection (c)--
(i) by striking ``the facility'' each place it appears and
inserting ``the JALFHCC''; and
(ii) by adding at the end the following new paragraph:
``(4) To permit the JALFHCC to enter into personal services
contracts to carry out health care responsibilities in the
JALFHCC to the same extent and subject to the same conditions
and limitations as apply under section 1091 of title 10,
United States Code, to the Secretary of Defense with respect
to health care responsibilities in medical treatment
facilities of the Department of Defense.''.
SEC. 733. APPOINTMENT OF NON-EX OFFICIO MEMBERS OF THE HENRY
M. JACKSON FOUNDATION FOR THE ADVANCEMENT OF
MILITARY MEDICINE.
(a) Appointment by Non-ex Officio Members.--Subparagraph
(C) of paragraph (1) of section 178(c) of title 10, United
States Code, is amended to read as follows:
``(C) six members, each of whom shall be appointed at the
expiration of the term of a member appointed under this
subparagraph, as provided for in paragraph (2), by the
members currently serving on the Council pursuant to this
subparagraph and paragraph (2), including the member whose
expiring term is so being filled by such appointment.''.
(b) Repeal of Obsolete Authority Establishing Staggered
Terms.--Paragraph (2) of such section is amended--
(1) by striking ``except that--'' and all that follows
through ``any person'' and inserting ``except that any
person'';
(2) by striking ``; and'' and inserting a period; and
(3) by striking subparagraph (B).
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Construction for current members.--Nothing in the
amendments made by this section shall be construed to
terminate or otherwise alter the appointment or term of
service of members of the Henry M. Jackson Foundation for the
Advancement of Military Medicine who are so serving on the
date of the enactment of this Act pursuant to an appointment
under paragraph (1)(C) or (2) of section 178(c) of title 10,
United States Code, made before that date.
SEC. 734. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM IN NATIONAL
CAPITAL REGION.
(a) In General.--Chapter 104 of title 10, United States
Code, is amended by inserting after section 2113a the
following new section:
``Sec. 2113b. Academic Health System
``(a) In General.--The Secretary of Defense may establish
an Academic Health System to integrate the health care,
health professions education, and health research activities
of the military health system, including under this chapter,
in the National Capital Region.
``(b) Leadership.--(1) The Secretary may appoint employees
of the Department of Defense to leadership positions in the
Academic Health System established under subsection (a).
``(2) Such positions may include responsibilities for
management of the health care, health professions education,
and health research activities described in subsection (a)
and are in addition to similar leadership positions for
members of the armed forces.
``(c) National Capital Region Defined.--In this section,
the term `National Capital Region' means the area, or portion
thereof, as determined by the Secretary, in the vicinity of
the District of Columbia.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 104 of such title is amended by
inserting after the item relating to section 2113a the
following new item:
``2113b. Academic Health System.''.
SEC. 735. PROVISION OF VETERINARY SERVICES BY VETERINARY
PROFESSIONALS OF THE DEPARTMENT OF DEFENSE IN
EMERGENCIES.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new
section:
[[Page H9467]]
``Sec. 1060c. Provision of veterinary services in emergencies
``(a) In General.--A veterinary professional described in
subsection (b) may provide veterinary services for the
purposes described in subsection (c) in any State, the
District of Columbia, or a territory or possession of the
United States, without regard to where such veterinary
professional or the patient animal are located, if the
provision of such services is within the scope of the
authorized duties of such veterinary professional for the
Department of Defense.
``(b) Veterinary Professional Described.--A veterinary
professional described in this subsection is an individual
who is--
``(1)(A) a member of the armed forces, a civilian employee
of the Department of Defense, or otherwise credentialed and
privileged at a Federal veterinary institution or location
designated by the Secretary of Defense for purposes of this
section; or
``(B) a member of the National Guard performing training or
duty under section 502(f) of title 32;
``(2) certified as a veterinary professional by a
certification recognized by the Secretary of Defense; and
``(3) currently licensed by a State, the District of
Columbia, or a territory or possession of the United States
to provide veterinary services.
``(c) Purposes Described.--The purposes described in this
subsection are veterinary services in response to any of the
following:
``(1) A national emergency declared by the President
pursuant to the National Emergencies Act (50 U.S.C. 1601 et
seq.).
``(2) A major disaster or an emergency (as those terms are
defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)).
``(3) A public health emergency declared by the Secretary
of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d).
``(4) An extraordinary emergency, as determined by the
Secretary of Agriculture under section 10407(b) of the Animal
Health Protection Act (7 U.S.C. 8306(b)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 1060b the following new
item:
``1060c. Provision of veterinary services in emergencies.''.
SEC. 736. THREE-YEAR EXTENSION OF AUTHORITY TO CONTINUE THE
DOD-VA HEALTH CARE SHARING INCENTIVE FUND.
Section 8111(d)(3) of title 38, United States Code, is
amended by striking ``September 30, 2020'' and inserting,
``September 30, 2023''.
SEC. 737. PRESERVATION OF RESOURCES OF THE ARMY MEDICAL
RESEARCH AND MATERIEL COMMAND AND CONTINUATION
AS CENTER OF EXCELLENCE.
(a) In General.--The Secretary of Defense shall preserve
the resources of the Army Medical Research and Materiel
Command for use by such command, which shall include manpower
and funding, at not less than the level of such resources as
of the date of the enactment of this Act until September 30,
2022.
(b) Transfer of Funds.--On October 1, 2022, all amounts
available for the Army Medical Research and Materiel Command
shall be transferred from accounts for research, development,
test, and evaluation for the Army to accounts for the Defense
Health Program.
(c) Continuation as Center of Excellence.--After September
30, 2022, the Army Medical Research and Materiel Command and
Fort Detrick shall continue to serve as a Center of
Excellence for Joint Biomedical Research, Development and
Acquisition Management for efforts undertaken under the
Defense Health Program.
SEC. 738. ENCOURAGEMENT OF PARTICIPATION IN WOMEN'S HEALTH
TRANSITION TRAINING PILOT PROGRAM.
(a) Encouragement of Participation.--The Secretaries of the
military departments shall encourage female members of the
Armed Forces who are separating or retiring from the Armed
Forces during fiscal year 2020 to participate in the Women's
Health Transition Training pilot program (in this section
referred to as the ``pilot program'') administered by the
Secretary of Veterans Affairs.
(b) Selection.--Each Secretary of a military department
shall select at least one location at which the pilot program
is offered and encourage participation in the pilot program
at such location.
(c) Report.--Not later than September 30, 2020, the
Secretary of Defense, in consultation with the Secretary of
Veterans Affairs, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives and
the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the pilot program that
includes the following:
(1) For the period since the commencement of the pilot
program--
(A) the number of courses held under the pilot program;
(B) the locations at which such courses were held; and
(C) for each location identified in subparagraph (B)--
(i) the number of female members by military department
(with respect to Department of the Navy, separately for the
Navy and Marine Corps) who participated in the pilot program;
and
(ii) the number of seats available under the pilot program.
(2) Data relating to--
(A) satisfaction with courses held under the pilot program;
(B) improved awareness of health care services administered
by the Secretary of Veterans Affairs; and
(C) any other available statistics regarding the pilot
program.
(3) A discussion of regulatory, legal, or resource barriers
to--
(A) making the pilot program permanent to enable access by
a greater number of female members at locations throughout
the United States;
(B) offering the pilot program online for female members
who are unable to attend courses held under the pilot program
in person; and
(C) providing for automatic enrollment of participants in
the pilot program in the patient enrollment system of the
Department of Veterans Affairs established and operated under
section 1705 of title 38, United States Code.
SEC. 739. NATIONAL GUARD SUICIDE PREVENTION PILOT PROGRAM.
(a) Pilot Program Authorized.--The Chief of the National
Guard Bureau may carry out a pilot program to expand suicide
prevention and intervention efforts at the community level
through the use of a mobile application that provides the
capability for a member of the National Guard to receive
prompt support, including access to a behavioral health
professional, on a smartphone, tablet computer, or other
handheld mobile device.
(b) Elements.--The pilot program shall include, subject to
such conditions as the Secretary may prescribe--
(1) the use by members of the National Guard of an existing
mobile application that provides the capability described in
subsection (a); or
(2) the development and use of a new mobile application
that provides such capability.
(c) Eligibility and Participation Requirements.--The Chief
of the National Guard Bureau shall establish requirements
with respect to eligibility and participation in the pilot
program.
(d) Assessment Prior to Pilot Program Commencement.--Prior
to commencement of the pilot program, the Chief of the
National Guard Bureau shall--
(1) conduct an assessment of existing prevention and
intervention efforts of the National Guard in each State that
include the use of mobile applications that provide the
capability described in subsection (a) to determine best
practices for providing immediate and localized care through
the use of such mobile applications; and
(2) determine the feasibility of expanding existing
programs on a national scale.
(e) Responsibilities of Entities Participating in Pilot
Program.--Each entity that participates in the pilot program
shall--
(1) share best practices with other entities participating
in the program; and
(2) annually assess outcomes with respect to members of the
National Guard.
(f) Term.--The pilot program shall terminate on the date
that is three years after the date on which the pilot program
commenced.
(g) Reports.--
(1) Initial report.--If the Chief of the National Guard
Bureau commences the pilot program authorized under
subsection (a), not later than 180 days after the date of the
commencement of such program, the Chief shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report containing a description of the
pilot program and such other matters as the Chief considers
appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after the
termination of the pilot program, the Chief of the National
Guard Bureau shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
such pilot program.
(B) Matters included.--The report under subparagraph (A)
shall include the following:
(i) A description of the pilot program, including any
partnerships entered into by the Chief of the National Guard
Bureau under the program.
(ii) An assessment of the effectiveness of the pilot
program.
(iii) A description of costs associated with the
implementation of the pilot program.
(iv) The estimated costs of making the pilot program
permanent.
(v) A recommendation as to whether the pilot program should
be extended or made permanent.
(vi) Such other recommendations for legislative or
administrative action as the Chief of the National Guard
Bureau considers appropriate.
(h) State Defined.--In this section, the term ``State''
means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
SEC. 740. PILOT PROGRAM ON CIVILIAN AND MILITARY PARTNERSHIPS
TO ENHANCE INTEROPERABILITY AND MEDICAL SURGE
CAPABILITY AND CAPACITY OF NATIONAL DISASTER
MEDICAL SYSTEM.
(a) In General.--The Secretary of Defense may carry out a
pilot program to establish partnerships with public, private,
and nonprofit health care organizations, institutions, and
entities in collaboration with the Secretary of Veterans
Affairs, the Secretary of Health and Human Services, the
Secretary of Homeland Security, and the Secretary of
Transportation to enhance the interoperability and medical
surge capability and capacity of the National Disaster
Medical System under section 2812 of the Public Health
Service Act (42 U.S.C. 300hh-11) in the vicinity of major
aeromedical and other transport hubs and logistics centers of
the Department of Defense.
(b) Duration.--The Secretary of Defense may carry out the
pilot program under subsection (a) for a period of not more
than five years.
(c) Locations.--The Secretary shall carry out the pilot
program under subsection (a) at not
[[Page H9468]]
fewer than five aeromedical or other transport hub regions or
logistics centers in the United States.
(d) Requirements.--In establishing partnerships under the
pilot program under subsection (a), the Secretary, in
collaboration with the Secretary of Veterans Affairs, the
Secretary of Health and Human Services, the Secretary of
Homeland Security, and the Secretary of Transportation, shall
establish requirements under such partnerships for staffing,
specialized training, medical logistics, telemedicine,
patient regulating, movement, situational status reporting,
tracking, and surveillance.
(e) Evaluation Metrics.--The Secretary of Defense shall
establish metrics to evaluate the effectiveness of the pilot
program under subsection (a).
(f) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the
commencement of the pilot program under subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of the pilot program.
(ii) The requirements established under subsection (d).
(iii) The evaluation metrics established under subsection
(e).
(iv) Such other matters relating to the pilot program as
the Secretary considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after completion
of the pilot program under subsection (a), the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the pilot
program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of the pilot program, including the
partnerships established under the pilot program as described
in subsection (a).
(ii) An assessment of the effectiveness of the pilot
program.
(iii) An assessment of the cost of the pilot program and an
estimate of the cost of making the pilot program a permanent
part of the budget of the Department of Defense.
(iv) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program, including recommendations for extending or
making permanent the authority for the pilot program.
SEC. 741. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED
FORCES AND SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Department of Defense Reports on Suicide Among Members
of the Armed Forces.--
(1) Reports required.--Not later than 90 days after the
date of the enactment of this Act, and annually thereafter
through January 31, 2021, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on suicide among
members of the Armed Forces during the year preceding the
date of the report.
(2) Matters included.--Each report under paragraph (1)
shall include the following with respect to the year covered
by the report:
(A) The number of suicides, attempted suicides, and known
cases of suicidal ideation involving a member of the Armed
Forces, including the reserve components thereof, listed by
Armed Force.
(B) The number of suicides, attempted suicides, or known
cases of suicidal ideation identified under subparagraph (A)
that occurred during each of the following periods:
(i) The first 180 days of the member serving in the Armed
Forces.
(ii) The period in which the member is deployed in support
of a contingency operation.
(C) With respect to the number of suicides, attempted
suicides, or known cases of suicidal ideation identified
under subparagraph (B)(i), the initial recruit training
location of the member.
(D) The number of suicides involving a dependent of a
member.
(E) A description of any research collaborations and data
sharing by the Department of Defense with the Department of
Veterans Affairs, other departments or agencies of the
Federal Government, academic institutions, or nongovernmental
organizations.
(F) Identification of a research agenda for the Department
of Defense to improve the evidence base on effective suicide
prevention treatment and risk communication.
(G) The availability and usage of the assistance of
chaplains, houses of worship, and other spiritual resources
for members of the Armed Forces who identify as religiously
affiliated and have attempted suicide, have experienced
suicidal ideation, or are at risk of suicide, and metrics on
the impact these resources have in assisting religiously-
affiliated members who have access to and utilize them
compared to religiously-affiliated members who do not.
(H) A description of the effectiveness of the policies
developed pursuant to section 567 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 1071
note) and section 582 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071
note), including with respect to--
(i) metrics identifying effective treatment modalities for
members of the Armed Forces who are at risk for suicide
(including any clinical interventions involving early
identification and treatment of such members);
(ii) metrics for the rate of integration of mental health
screenings and suicide risk and prevention for members during
the delivery of primary care for such members;
(iii) metrics relating to the effectiveness of suicide
prevention and resilience programs and preventative
behavioral health programs of the Department of Defense
(including those of the military departments and the Armed
Forces); and
(iv) metrics evaluating the training standards for
behavioral health care providers to ensure that such
providers have received training on clinical best practices
and evidence-based treatments.
(b) GAO Report on Suicide Prevention Programs and
Activities.--
(1) Report required.--Not later than 240 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the programs and activities of the Department of
Defense and the Armed Forces for the prevention of suicide
among members of the Armed Forces (including the reserve
components) and their families.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the current programs and activities of
the Department of Defense and the Armed Forces for the
prevention of suicide among members of the Armed Forces and
their families.
(B) An assessment whether the programs and activities
described pursuant to subparagraph (A)--
(i) are evidence-based and incorporate best practices
identified in peer-reviewed medical literature;
(ii) are appropriately resourced; and
(iii) deliver outcomes that are appropriate relative to
peer activities and programs (including those undertaken in
the civilian community and in military forces of other
countries).
(C) A description and assessment of any impediments to the
effectiveness of such programs and activities.
(D) Such recommendations as the Comptroller General
considers appropriate for improvements to such programs and
activities.
(E) Such recommendations as the Comptroller General
considers appropriate for additional programs and activities
for the prevention of suicide among members of the Armed
Forces and their families.
SEC. 742. MODIFICATION OF REQUIREMENTS FOR LONGITUDINAL
MEDICAL STUDY ON BLAST PRESSURE EXPOSURE OF
MEMBERS OF THE ARMED FORCES AND COLLECTION OF
EXPOSURE INFORMATION.
(a) Modification of Study.--Section 734 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1444) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) assess the feasibility and advisability of--
``(A) uploading the data gathered from the study into the
Defense Occupational and Environmental Health Readiness
System - Industrial Hygiene (DOEHRS-IH) or similar system;
``(B) allowing personnel of the Department of Defense and
the Department of Veterans Affairs to have access to such
system; and
``(C) ensuring such data is interoperable and can be
uploaded into the MHS Genesis electronic health record or
successor system of the Department of Defense.''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Annual status report.--Not later than January 1 of
each year during the period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020 and ending on the completion of the study
under subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a status report on the study.''.
(b) Collection of Exposure Information.--The Secretary of
Defense shall collect blast exposure information with respect
to a member of the Armed Forces in a manner--
(1) consistent with blast exposure measurement training
guidance of the Department of Defense, including any guidance
developed pursuant to--
(A) the longitudinal medical study on blast pressure
exposure required by section 734 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1444); and
(B) the review of guidance on blast exposure during
training required by section 253 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2001 note prec.);
(2) compatible with training and operational objectives of
the Department; and
(3) that is automated, to the extent practicable, to
minimize the reporting burden of unit commanders.
SEC. 743. STUDY AND PLAN ON THE USE OF MILITARY-CIVILIAN
INTEGRATED HEALTH DELIVERY SYSTEMS.
(a) Study.--The Secretary of Defense shall conduct a study
on the use of local military-civilian integrated health
delivery systems pursuant to section 706 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 1096 note). The study shall examine the
following:
(1) Geographic locations where military medical treatment
facilities have existing contractual relationships with local
civilian health care networks, including Fort Drum, New York,
[[Page H9469]]
Joint Base McGuire-Dix-Lakehurst, New Jersey, Joint Base
Lewis-McCord, Washington, Fort Leonard Wood, Missouri,
Elmendorf Air Force Base, Alaska, Fort Sill, Oklahoma,
Tripler Army Medical Center, Hawaii, the National Capital
Region, and similar locations.
(2) Health care activities that promote value-based care,
measurable health outcomes, patient safety, timeliness of
referrals, and transparent communication with covered
beneficiaries.
(3) Locations where health care providers of the Department
of Defense may be able to attain critical wartime readiness
skills in a local integrated military-civilian integrated
health delivery system.
(4) The cost of providing care under an integrated
military-civilian integrated health delivery system as
compared to health care provided by a managed care support
contractor.
(b) Plan.--The Secretary of Defense shall develop a plan
for the further development of the use of local military-
civilian integrated health delivery systems by the Department
of Defense.
(c) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate--
(1) a report on the results of the study under subsection
(a); and
(2) the plan developed under subsection (b).
(d) Definitions.--In this section:
(1) The term ``covered beneficiaries'' has the meaning
given that term in section 1072 of title 10, United States
Code.
(2) The term ``National Capital Region'' has the meaning
given that term in section 2674 of title 10, United States
Code.
SEC. 744. STUDY ON CASE MANAGEMENT IN THE MILITARY HEALTH
SYSTEM.
(a) Study.--The Secretary of Defense shall conduct a study
on the effectiveness of case management practices in the
military health system. The study shall include the
following:
(1) A standardized definition of case management.
(2) An evaluation of case management practices provided by
the military departments before and during the transition of
the administration of military medical treatment facilities
to the Defense Health Agency pursuant to section 1073c of
title 10, United States Code.
(3) A discussion of the metrics used in determining the
effectiveness and cost of case management.
(4) An evaluation of the case management and outreach
provided by the managed care support contractors supporting
the Defense Health Agency, including with respect to--
(A) the intervals at which patients are contacted;
(B) the role of the case manager in coordination;
(C) the approximate number of patients managed by a case
manager; and
(D) any other best practices relating to case management
that would improve the experience of care across the military
health system.
(5) A review of case management best practices in the
private sector, including with respect to--
(A) the intervals at which patients should be contacted;
(B) the role of the case manager in coordination;
(C) the approximate number of patients managed by a case
manager; and
(D) any other best practices relating to case management
that would improve the experience of care across the military
health system.
(6) The results of discussions with covered beneficiaries
(as defined in section 1072 of title 10, United States Code)
at not less than four public forums held in different
geographic areas, relating to the satisfaction of such
covered beneficiaries with case management and outreach
provided by the Defense Health Agency and the military
departments in military medical treatment facilities.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the results of the
study under subsection (a).
SEC. 745. REPORT ON GLOBAL HEALTH SECURITY STRATEGY AND THE
NATIONAL BIODEFENSE SECURITY.
(a) Report.--Not later than 180 days after the date on
which the Comptroller General of the United States publishes
a review of the National Biodefense Strategy, the Secretary
of Defense shall submit to the appropriate congressional
committees a report on the implementation of the Global
Health Security Strategy and the National Biodefense
Strategy.
(b) Elements.--The report under subsection (a) shall, at a
minimum--
(1) designate the individual and offices responsible for
overseeing the implementation of each strategy referred to in
subsection (a) within the Department of Defense;
(2) detail actions that the Department is taking to support
implementation of the Global Health Security Agenda;
(3) detail actions taken to coordinate the efforts of the
Department with the other agencies responsible for the Global
Health Security Strategy and National Biodefense Strategy;
and
(4) with respect to the review of the National Biodefense
Strategy conducted by the Comptroller General--
(A) detail the recommendations in the review that the
Secretary plans on or is currently implementing;
(B) specify the official implementing such recommendations
and the actions the official is taking to implement the
recommendations;
(C) specify the recommendations in the review that the
Secretary has determined not to implement; and
(D) explain the rationale of the Secretary with respect to
not implementing such recommendations.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, and the Committee on Homeland Security
of the House of Representatives; and
(3) the Committee on Foreign Relations, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 746. STUDY ON ESTABLISHMENT OF WOUNDED WARRIOR SERVICE
DOG PROGRAM.
(a) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall conduct
a study on the feasibility of establishing a wounded warrior
service dog program.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) An assessment of the need and feasibility of
establishing a wounded warrior service dog program.
(2) With respect to a nonprofit organization seeking a
grant under a wounded warrior service dog program, an
assessment of the feasibility of requiring that the
organization--
(A) specify the training requirements for covered members;
(B) detail the training of dogs that will serve as
assistance dogs;
(C) establish a database--
(i) to track whether a dog has prior experience as a
military working dog, service dog, or assistance dog; and
(ii) that contains a designation for each dog with prior
experience as a military working dog;
(D) describe the aftercare services that the organization
will provide to assistance dogs and covered members; and
(E) possess the appropriate accreditation standards for
assistance dogs, as the Secretary determines appropriate.
(3) A list of locations at which the greatest number of
covered members are likely to participate in a wounded
warrior service dog program.
(4) An estimate of the costs required to create a wounded
warrior service dog program.
(5) A list of peer reviewed articles and other appropriate
studies that examine the clinical effectiveness of assistance
dogs with respect to the treatment of patients with
disabilities.
(c) Definitions.--In this section:
(1) Assistance dog.--
(A) In general.--The term ``assistance dog'' means a dog
specifically trained to perform physical tasks to mitigate
the effects of a disability described in subparagraph (B),
except that the term does not include a dog specifically
trained for comfort or personal defense.
(B) Disability described.--A disability described in this
subparagraph is any of the following:
(i) Blindness or visual impairment.
(ii) Loss of limb, paralysis, or other significant mobility
issues.
(iii) Loss of hearing.
(iv) Traumatic brain injury.
(v) Post-traumatic stress disorder.
(vi) Any other disability that the Secretary of Defense
considers appropriate.
(2) Covered member.--The term ``covered member'' means a
member of the Armed Forces who is--
(A) receiving medical treatment, recuperation, or therapy
under chapter 55 of title 10, United States Code;
(B) in medical hold or medical holdover status; or
(C) covered under section 1202 or 1205 of title 10, United
States Code.
(3) Wounded warrior service dog program.--The term
``wounded warrior service dog program'' means a pilot program
under which the Secretary of Defense awards competitive
grants to non-profit organizations that would assist such
organizations in the planning, designing, establishing, or
operating (or any combination thereof) of programs to provide
assistance dogs to covered members.
SEC. 747. GAO REPORT ON DEPARTMENT OF DEFENSE QUALITY
ASSURANCE PROGRAM AND IMPACTS OF MEDICAL
MALPRACTICE ACTIONS.
Not later than January 1, 2021, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing the following:
(1) An assessment of the effectiveness of the quality
assurance program of the Department of Defense in querying
and monitoring the National Practitioner Data Bank
established pursuant to the Health Care Quality Improvement
Act of 1986 (42 U.S.C. 11101 et seq.) with respect to--
(A) recruitment and retention of military service medical
providers;
(B) hiring or contracting of civilian medical providers in
military medical treatment facilities;
(C) recording of adverse privileging and credentialing
actions of such military service medical providers and
civilian medical providers; and
(D) any other matters relating to ensuring the highest
quality of care is provided throughout the military health
system.
(2) An analysis that includes--
(A) with respect to military health system patients, a
comparison of outcomes for such patients who may bring an
action against the Federal Government for negligence or
malpractice and outcomes for such patients who may not bring
such an action, based on an examination of all relevant data
relating to clinical outcome measures and clinical quality
management process actions; and
(B) a comparison of--
(i) the elements and average amounts of death and
disability compensation that apply regardless of the
underlying cause of the death or disability; and
[[Page H9470]]
(ii) the elements and average amounts of settlements that
result from medical malpractice litigation against the
Federal Government.
SEC. 748. REPORTS ON MILLENNIUM COHORT STUDY RELATING TO
WOMEN MEMBERS OF THE ARMED FORCES.
(a) Annual Reports Required.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter through January 31, 2022, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on findings
of the Millennium Cohort Study relating to the gynecological
and perinatal health of women members of the Armed Forces.
(b) Matters Included.--Each report under subsection (a)
shall include, at a minimum--
(1) a summary of general findings of the Millennium Cohort
Study pertaining to gynecological and perinatal health,
including diseases, disorders, and conditions that affect the
functioning of reproductive systems, maternal mortality and
severe maternal morbidity, birth defects, developmental
disorders, low birth weight, preterm birth, reduced
fertility, menstrual disorders, and other health concerns;
and
(2) identification of--
(A) all research projects that have concluded during the
year covered by the report and the outcomes of such projects;
(B) areas in which the Millennium Cohort Study can increase
efforts to capture data and produce studies in the field of
gynecological and perinatal health of women members of the
Armed Forces; and
(C) activities underway to achieve such efforts.
(c) Millennium Cohort Study Defined.--In this section, the
term ``Millennium Cohort Study'' means the longitudinal study
authorized under section 743 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2074) to evaluate data on the health
conditions of members of the Armed Forces upon the return of
the members from deployment.
SEC. 749. STUDY ON EFFECTS OF SLEEP DEPRIVATION ON READINESS
OF MEMBERS OF THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study
on the effects of sleep deprivation on the readiness of
members of the Armed Forces.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) A standardized definition of sleep deprivation.
(2) An assessment of the prevalence of sleep deprivation on
members of the Armed Forces related to circadian rhythm
disturbances from crossing multiple time zones, mission
related maladaptive sleep practices, uncomfortable or
otherwise inhospitable sleeping environments, and the use of
stimulants and hypnotics to support operational tempo.
(3) An assessment of whether there may be a relationship
between sleep deprivation and medical conditions such as
traumatic brain injury, post-traumatic stress disorder, and
depression.
(4) Recommendations on efforts to mitigate sleep
deprivation described in paragraphs (2) and (3).
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the study
under subsection (a).
SEC. 750. STUDY AND REPORT ON TRAUMATIC BRAIN INJURY
MITIGATION EFFORTS.
(a) Study.--The Secretary of Defense shall conduct a meta-
analysis of evidence-based traumatic brain injury mitigation
efforts by the Secretary and related Federal agency partners,
and efforts discussed in academic literature, that have
demonstrated the best clinical effectiveness in the treatment
of members of the Armed Forces for traumatic brain injury.
(b) Roadmap.--The Secretary shall develop and include in
the study under subsection (a) a roadmap for implementation
across the military health system of measures that address,
with respect to the treatment of members for traumatic brain
injury--
(1) the process for receiving such treatment;
(2) patient outcomes;
(3) cost;
(4) patient and command satisfaction with such treatment;
and
(5) structured documentation to monitor system-wide
implementation of the measures developed pursuant to
paragraphs (1) through (4).
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the study
under subsection (a).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 800. Authority for continuous integration and delivery of software
applications and upgrades to embedded systems.
Sec. 801. Pilot program on intellectual property evaluation for
acquisition programs.
Sec. 802. Pilot program to use alpha contracting teams for complex
requirements.
Sec. 803. Failure to provide other than certified cost or pricing data
upon request.
Sec. 804. Comptroller General report on price reasonableness.
Sec. 805. Limitation on transfer of funds related to cost overruns and
cost underruns.
Sec. 806. Standardizing data collection and reporting on use of source
selection procedures by Federal agencies.
Sec. 807. Department of Defense use of fixed-price contracts.
Sec. 808. Repeal of continuation of data rights during challenges.
Sec. 809. Repeal of authority to waive acquisition laws to acquire
vital national security capabilities.
Sec. 810. Repeal of the Defense Cost Accounting Standards Board.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 815. Modification of Director of Operational Test and Evaluation
report.
Sec. 816. Modification of written approval requirement for task and
delivery order single contract awards.
Sec. 817. Responsibility for data analysis and requirements validation
for services contracts.
Sec. 818. Documentation of market research related to commercial item
determinations.
Sec. 819. Availability of data on the use of other transaction
authority and report on the use of authority to carry out
prototype projects.
Sec. 820. Notification of Navy procurement production disruptions.
Sec. 821. Modification to acquisition authority of the Commander of the
United States Cyber Command.
Sec. 822. Extension of Never Contract With the Enemy.
Sec. 823. Modification of justification and approval requirement for
certain Department of Defense contracts.
Sec. 824. Extension of sunset relating to Federal Data Center
Consolidation Initiative.
Sec. 825. Pilot program to accelerate contracting and pricing
processes.
Sec. 826. Uniformity in application of micro-purchase threshold to
certain task or delivery orders.
Sec. 827. Requirement for cost estimates on models of commercial e-
commerce portal program.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 830. Modification of requirements for reporting to Congress on
certain acquisition programs.
Sec. 831. Pilot program to streamline decision-making processes for
weapon systems.
Sec. 832. Analysis of alternatives pursuant to materiel development
decisions.
Sec. 833. Naval vessel certification required before Milestone B
approval.
Subtitle D--Provisions Relating to the Acquisition System
Sec. 835. Extramural acquisition innovation and research activities.
Sec. 836. Report on realignment of the defense acquisition system to
implement acquisition reforms.
Sec. 837. Report and limitation on the availability of funds relating
to the ``middle tier'' of acquisition programs.
Sec. 838. Report on intellectual property policy and the cadre of
intellectual property experts.
Sec. 839. Guidance and reports relating to covered defense business
systems.
Sec. 840. Implementation guidance for use of a modular open system
approach.
Sec. 841. Limitation on availability of funds for the Office of the
Chief Management Officer of the Department of Defense.
Subtitle E--Industrial Base Matters
Sec. 845. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 846. Report requirements for the national technology and
industrial base.
Sec. 847. Mitigating risks related to foreign ownership, control, or
influence of Department of Defense contractors or
subcontractors.
Sec. 848. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 849. Modification of prohibition on acquisition of sensitive
materials from non-allied foreign nations.
Sec. 850. Acquisition and disposal of certain rare earth materials.
Sec. 851. Pilot program for development of technology-enhanced
capabilities with partnership intermediaries.
Sec. 852. Authorized official to carry out the procurement technical
assistance cooperative agreement program.
Sec. 853. Requirement that certain ship components be manufactured in
the national technology and industrial base.
Sec. 854. Addition of domestically produced stainless steel flatware
and dinnerware to the Berry Amendment.
Sec. 855. Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program.
Sec. 856. Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate Program.
Sec. 857. Sense of Congress regarding consideration of price in
procurement of the FFG(X) frigate.
Subtitle F--Provisions Relating to Acquisition Workforce
Sec. 860. Establishment of Defense Civilian Training Corps.
[[Page H9471]]
Sec. 861. Defense acquisition workforce certification, education, and
career fields.
Sec. 862. Software development and software acquisition training and
management programs.
Sec. 863. Modification of temporary assignments of Department of
Defense employees to a private-sector organization.
Sec. 864. Incentives and consideration for qualified training programs.
Sec. 865. Use of qualified apprentices by military construction
contractors.
Subtitle G--Small Business Matters
Sec. 870. Requirements relating to credit for certain small business
concern subcontractors.
Sec. 871. Inclusion of best in class designations in annual report on
small business goals.
Sec. 872. Reauthorization and improvement of Department of Defense
Mentor-Protege Program.
Sec. 873. Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act.
Sec. 874. Postaward explanations for unsuccessful offerors for certain
contracts.
Sec. 875. Small business contracting credit for subcontractors that are
Puerto Rico businesses or covered territory businesses.
Sec. 876. Technical amendment regarding treatment of certain surviving
spouses under the definition of small business concern
owned and controlled by service-disabled veterans.
Sec. 877. Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond
periods of military conflict.
Sec. 878. Modification to the Defense Research and Development Rapid
Innovation Program.
Sec. 879. Alignment of the Department of Defense Small Business
Innovation Research Program and Small Business Technology
Transfer Program with the National Defense Science and
Technology Strategy.
Sec. 880. Assistance for small business concerns participating in the
SBIR and STTR programs.
Sec. 881. Cybersecurity technical assistance for SBIR and STTR
programs.
Sec. 882. Funding for defense research activities of small business
concerns.
Sec. 883. Modifications to budget display requirements for the
Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program.
Sec. 884. Pilot program for domestic investment under the SBIR program.
Subtitle H--Other Matters
Sec. 885. Review of guidance to contractors on nondiscrimination on the
basis of sex.
Sec. 886. Comptroller General report on contractor violations of
certain labor laws.
Sec. 887. Comptroller General report on contingency contracting.
Sec. 888. Policies and procedures for contractors to report gross
violations of internationally recognized human rights.
Sec. 889. Comptroller General report on oversight of contractors
providing private security functions.
Sec. 890. Prohibition on contracting with persons that have business
operations with the Maduro regime.
Sec. 891. Report on the Combating Trafficking in Persons initiative.
Sec. 892. Improved management of information technology and cyberspace
investments.
Sec. 893. Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts.
Subtitle A--Acquisition Policy and Management
SEC. 800. AUTHORITY FOR CONTINUOUS INTEGRATION AND DELIVERY
OF SOFTWARE APPLICATIONS AND UPGRADES TO
EMBEDDED SYSTEMS.
(a) Software Acquisition and Development Pathways.--The
Secretary of Defense shall establish pathways as described
under subsection (b) to provide for the efficient and
effective acquisition, development, integration, and timely
delivery of secure software. Such a pathway shall include the
following:
(1) Use of proven technologies and solutions.--A pathway
established under this section shall provide for the use of
proven technologies and solutions to continuously engineer
and deliver capabilities in software.
(2) Use of authority.--In using the authority under this
section, the Secretary shall consider how such use will--
(A) initiate the engineering of new software capabilities
quickly;
(B) demonstrate the viability and effectiveness of such
capabilities for operational use not later than one year
after the date on which funds are first obligated to acquire
or develop software; and
(C) allow for the continuous updating and delivery of new
capabilities not less frequently than annually to iteratively
meet a requirement.
(3) Treatment not as major defense acquisition program.--
Software acquired or developed using the authority under this
section shall not be treated as a major defense acquisition
program for purposes of section 2430 of title 10, United
States Code, or Department of Defense Directive 5000.01
without the specific direction of the Under Secretary of
Defense for Acquisition and Sustainment or a Senior
Acquisition Executive.
(4) Risk-based approach.--The Secretary of Defense shall
use a risk-based approach for the consideration of innovative
technologies and new capabilities for software to be acquired
or developed under this authority to meet needs communicated
by the Joint Chiefs of Staff and the combatant commanders.
(b) Pathways.--The Secretary of Defense may establish as
many pathways as the Secretary determines appropriate and
shall establish the following pathways:
(1) Applications.--The applications software acquisition
pathway shall provide for the use of rapid development and
implementation of applications and other software or software
improvements operated by the Department of Defense, which may
include applications running on commercial commodity hardware
(including modified hardware) and commercially available
cloud computing platforms.
(2) Embedded systems.--The embedded systems software
acquisition pathway shall provide for the rapid development
and insertion of upgrades and improvements for software
embedded in weapon systems and other military-unique hardware
systems.
(c) Expedited Process.--
(1) In general.--A pathway established under subsection (a)
shall provide for--
(A) a streamlined and coordinated requirements, budget, and
acquisition process to support rapid fielding of software
applications and of software upgrades to embedded systems for
operational use in a period of not more than one year from
the time that the process is initiated;
(B) the collection of data on software fielded; and
(C) continuous engagement with the users of software to
support engineering activities, and to support delivery of
software for operational use in periods of not more than one
year.
(2) Expedited software requirements process.--
(A) Inapplicability of joint capabilities integration and
development system (jcids) manual.--Software acquisition or
development conducted under the authority of this section
shall not be subject to the Joint Capabilities Integration
and Development System Manual, except pursuant to a modified
process specifically provided for the acquisition or
development of software by the Vice Chairman of the Joint
Chiefs of Staff, in consultation with Under Secretary of
Defense for Acquisition and Sustainment and each service
acquisition executive (as defined in section 101(a)(10) of
title 10, United States Code).
(B) Inapplicability of defense acquisition system
directive.--Software acquisition or development conducted
under the authority of this section shall not be subject to
Department of Defense Directive 5000.01, except when
specifically provided for the acquisition or development of
software by the Under Secretary of Defense for Acquisition
and Sustainment, in consultation with the Vice Chairman of
the Joint Chiefs of Staff and each service acquisition
executive.
(d) Elements.--In implementing a pathway established under
the authority of this section, the Secretary shall tailor
requirements relating to--
(1) iterative development of requirements for software to
be acquired or developed under the authority of this section
through engagement with the user community and through the
use of operational user feedback, in order to continuously
define and update priorities for such requirements;
(2) early identification of the warfighter or user need,
including the rationale for how software capabilities will
support increased lethality and efficiency, and
identification of a relevant user community;
(3) initial contract requirements and format, including the
use of summary-level lists of problems and shortcomings in
existing software and desired features or capabilities of new
or upgraded software;
(4) continuous refinement and prioritization of contract
requirements through use of evolutionary processes, informed
by continuous engagement with operational users throughout
the development and implementation period;
(5) continuous consideration of issues related to lifecycle
costs, technical data rights, and systems interoperability;
(6) planning for support of software capabilities in cases
where the software developer may stop supporting the
software;
(7) rapid contracting procedures, including expedited
timeframes for making awards, selecting contract types,
defining teaming arrangements, and defining options;
(8) program execution processes, including supporting
development and test infrastructure, automation and tools,
digital engineering, data collection and sharing with
Department of Defense oversight organizations and with
Congress, the role of developmental and operational testing
activities, key decision making and oversight events, and
supporting processes and activities (such as independent
costing activity, operational demonstration, and performance
metrics);
(9) assurances that cybersecurity metrics of the software
to be acquired or developed, such as metrics relating to the
density of vulnerabilities within the code of such software,
the time from vulnerability identification to patch
availability, the existence of common weaknesses within such
code, and other cybersecurity metrics based on widely-
recognized standards and industry best practices, are
generated
[[Page H9472]]
and made available to the Department of Defense and the
congressional defense committees;
(10) administrative procedures, including procedures
related to who may initiate and approve an acquisition under
this authority, the roles and responsibilities of the
implementing project or product teams and supporting
activities, team selection and staffing process, governance
and oversight roles and responsibilities, and appropriate
independent technology assessments, testing, and cost
estimation (including relevant thresholds or designation
criteria);
(11) mechanisms and waivers designed to ensure flexibility
in the implementation of a pathway under this section,
including the use of other transaction authority, broad
agency announcements, and other procedures; and
(12) mechanisms the Secretary will use for appropriate
reporting to Congress on the use of this authority, including
notice of initiation of the use of a pathway and data
regarding individual programs or acquisition activities, how
acquisition activities are reflected in budget justification
materials or requests to reprogram appropriated funds, and
compliance with other reporting requirements.
(e) Guidance Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue initial guidance to implement the requirements of this
section.
(2) Limitation.--If the Secretary of Defense has not issued
final guidance to implement the requirements of this section
before October 1, 2021, the Secretary may not use the
authority under this section--
(A) to establish a new pathway to acquire or develop
software; or
(B) to continue activities to acquire or develop software
using a pathway established under initial guidance described
in paragraph (1).
(f) Report.--
(1) In general.--Not later than October 15, 2020, the Under
Secretary of Defense for Acquisition and Sustainment, in
consultation with the secretaries of the military departments
and other appropriate officials, shall report on the use of
the authority under this section using the initial guidance
issued under subsection (d).
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) The final guidance required by subsection (d)(2),
including a description of the treatment of use of the
authority that was initiated before such final guidance was
issued.
(B) A summary of how the authority under this section has
been used, including a list of the cost estimate, schedule
for development, testing and delivery, and key management
risks for each initiative conducted pursuant to such
authority.
(C) Accomplishments from and challenges to using the
authority under this section, including organizational,
cultural, talent, infrastructure, testing, and training
considerations.
(D) Recommendations for legislative changes to the
authority under this section.
(E) Recommendations for regulatory changes to the authority
under this section to promote effective development and
deployment of software acquired or developed under this
section.
SEC. 801. PILOT PROGRAM ON INTELLECTUAL PROPERTY EVALUATION
FOR ACQUISITION PROGRAMS.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and
the Secretaries of the military departments may jointly carry
out a pilot program to assess mechanisms to evaluate
intellectual property (such as technical data deliverables
and associated license rights), including commercially
available intellectual property valuation analysis and
techniques, in acquisition programs for which each such
Secretary is responsible to better understand the benefits
associated with these mechanisms on--
(1) the development of cost-effective intellectual property
strategies;
(2) the assessment and management of the value and
acquisition costs of intellectual property during acquisition
and sustainment activities (including source selection
evaluation factors) throughout the acquisition lifecycle for
any acquisition program selected by such Secretary; and
(3) the use of a commercial product (as defined in section
103 of title 41, United States Code, as in effect on January
1, 2020), commercial service (as defined in section 103a of
title 41, United States Code, as in effect on January 1,
2020), or nondevelopmental item (as defined in section 110 of
title 41, United States Code) as an alternative to a product
or service to be specifically developed for a selected
acquisition program, including evaluation of the benefits of
reduced risk regarding cost, schedule, and performance
associated with commercial products, commercial services, and
nondevelopmental items.
(b) Activities.--Activities carried out under the pilot
program may include the following:
(1) Establishment of a team of Department of Defense and
private sector subject matter experts (which may include the
cadre of intellectual property experts established under
section 2322(b) of title 10, United States Code) to--
(A) recommend acquisition programs to be selected for the
pilot program established under subsection (a);
(B) recommend criteria for the consideration of types of
commercial products, commercial services, or nondevelopmental
items that can used as an alternative to a product or service
to be specifically developed for a selected acquisition
program; or
(C) identify, to the maximum extent practicable at each
milestone established for each selected acquisition program,
intellectual property evaluation techniques to obtain
quantitative and qualitative analysis of intellectual
property during the procurement, production and deployment,
and operations and support phases for the each selected
acquisition program.
(2) Assessment of commercial valuation techniques for
intellectual property for use by the Department of Defense.
(3) Assessment of the feasibility of agency-level oversight
to standardize intellectual property evaluation practices and
procedures.
(4) Assessment of contracting mechanisms to speed delivery
of intellectual property to the Armed Forces or reduce
sustainment costs.
(5) Assessment of agency acquisition planning to ensure
procurement of appropriate intellectual property deliverables
and intellectual property rights necessary for Government-
planned sustainment activities.
(6) Engagement with the private sector to--
(A) support the development of strategies and program
requirements to aid in acquisition planning for intellectual
property;
(B) support the development and improvement of intellectual
property strategies as part of life-cycle sustainment plans;
and
(C) propose and implement alternative and innovative
methods of intellectual property valuation, prioritization,
and evaluation techniques for intellectual property.
(7) Recommendations to the relevant program manager of an
acquisition program selected under subsection (a), including
evaluation techniques and contracting mechanisms for
acquisition and sustainment activities.
(c) Report.--Not later than November 1, 2020, and annually
thereafter through November 1, 2023, the Secretary of
Defense, in coordination with the Secretaries concerned,
shall submit to the congressional defense committees a joint
report on the pilot program conducted under this section. The
report shall, at a minimum, include--
(1) a description of the acquisition programs selected by
the Secretary concerned;
(2) a description of the specific activities in subsection
(c) that were performed under each program;
(3) an assessment of the effectiveness of the activities;
(4) an assessment of improvements to acquisition or
sustainment activities related to the pilot program; and
(5) an assessment of the results related to the pilot
program, including any cost savings and improvement to
mission success during the operations and support phase of
the selected acquisition program.
SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING TEAMS FOR
COMPLEX REQUIREMENTS.
(a) In General.--(1) The Secretary of Defense shall select
at least 2, and up to 5, initiatives to participate in a
pilot to use teams that, with the advice of expert third
parties, focus on the development of complex contract
technical requirements for services, with each team focusing
on developing achievable technical requirements that are
appropriately valued and identifying the most effective
acquisition strategy to achieve those requirements.
(2) The Secretary shall develop metrics for tracking
progress of the program at improving quality and acquisition
cycle time.
(b) Development of Criteria and Initiatives.--(1) Not later
than February 1, 2020, the Secretary of Defense shall
establish the pilot program and notify the congressional
defense committees of the criteria used to select initiatives
and the metrics used to track progress.
(2) Not later than May 1, 2020, the Secretary shall notify
the congressional defense committees of the initiatives
selected for the program.
(3) Not later than December 1, 2020, the Secretary shall
brief the congressional defense committees on the progress of
the selected initiatives, including the progress of the
initiatives at improving quality and acquisition cycle time
according to the metrics developed under subsection (a)(2).
SEC. 803. FAILURE TO PROVIDE OTHER THAN CERTIFIED COST OR
PRICING DATA UPON REQUEST.
Section 2306a(d) of title 10, United States Code, is
amended--
(1) in paragraph (1), by adding at the end the following:
``Contracting officers shall not determine the price of a
contract or subcontract to be fair and reasonable based
solely on historical prices paid by the Government.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Ineligibility for award.--(A) In the event the
contracting officer is unable to determine proposed prices
are fair and reasonable by any other means, an offeror who
fails to make a good faith effort to comply with a reasonable
request to submit data in accordance with paragraph (1) is
ineligible for award unless the head of the contracting
activity, or the designee of the head of contracting
activity, determines that it is in the best interest of the
Government to make the award to that offeror, based on
consideration of pertinent factors, including the following:
``(i) The effort to obtain the data.
``(ii) Availability of other sources of supply of the item
or service.
``(iii) The urgency or criticality of the Government's need
for the item or service.
``(iv) Reasonableness of the price of the contract,
subcontract, or modification of the contract or subcontract
based on information available to the contracting officer.
``(v) Rationale or justification made by the offeror for
not providing the requested data.
``(vi) Risk to the Government if award is not made.
``(B)(i) Any new determination made by the head of the
contracting activity under subparagraph (A) shall be reported
to the Principal Director, Defense Pricing and Contracting on
a quarterly basis.
``(ii) The Under Secretary of Defense for Acquisition and
Sustainment, or a designee, shall
[[Page H9473]]
produce an annual report identifying offerors that have
denied multiple requests for submission of uncertified cost
or pricing data over the preceding three-year period, but
nevertheless received an award. The report shall identify
products or services offered by such offerors that should
undergo should-cost analysis. The Secretary of Defense may
include a notation on such offerors in the system used by the
Federal Government to monitor or record contractor past
performance. The Under Secretary shall assess the extent to
which these offerors are sole source providers within the
defense industrial base and shall develop strategies to
incentivize new entrants into the industrial base to increase
the availability of other sources of supply for the product
or service.''.
SEC. 804. COMPTROLLER GENERAL REPORT ON PRICE REASONABLENESS.
Not later than March 31, 2021, the Comptroller General of
the United States shall submit to the congressional defense
committees, the Committee on Oversight and Reform of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the efforts of the Secretary of Defense to secure data
relating to the price reasonableness of offers from offerors.
The report shall include a review of--
(1) the number of, and justification for, any waiver of
requirements for submission of certified cost or pricing data
for sole source contracts for spare parts issued during
fiscal years 2015 through 2019 pursuant to section
2306a(b)(1)(C) of title 10, United States Code;
(2) the number of, and justification for, any exception to
the requirements for submission of certified cost or pricing
data for sole source contracts for spare parts provided
during fiscal years 2015 through 2019 pursuant to section
2306a(b)(1)(B) of title 10, United States Code;
(3) the number of contracts awarded for which a request for
cost or pricing data, including data other than certified
cost or pricing data, to determine price reasonableness was
denied by an offeror at the time of award;
(4) actions taken by the Secretary if an offeror refused to
provide requested data described in paragraph (2),
including--
(A) whether the contracting officer included a notation in
the system used by the Federal Government to monitor or
record contractor past performance regarding the refusal of
an offeror to provide such data;
(B) any strategies developed by the Secretary to acquire
the good that was the subject of a contract for which the
offeror refused to provide such data in the future without
the need for such a waiver.
SEC. 805. LIMITATION ON TRANSFER OF FUNDS RELATED TO COST
OVERRUNS AND COST UNDERRUNS.
(a) In General.--Section 828(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note) is amended by striking ``For each of fiscal
years 2018 through 2022'' and inserting ``For fiscal years
2018 and 2019''.
(b) Technical Amendment.--Section 825 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1466; 10 U.S.C. 2430 note) is amended--
(1) by repealing subsection (b); and
(2) by striking ``(a) In General.--''.
SEC. 806. STANDARDIZING DATA COLLECTION AND REPORTING ON USE
OF SOURCE SELECTION PROCEDURES BY FEDERAL
AGENCIES.
(a) Repeal of Government Accountability Office Reporting
Requirements on Use of Lowest Price Technically Acceptable
Source Selection Criteria.--
(1) Department of defense.--Section 813 of the National
Defense Authorization Act for Fiscal Year 2017 (10 U.S.C.
2305 note) is amended by striking subsection (d).
(2) Other agencies.--Section 880 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1910; 41 U.S.C. 3701 note) is
amended by striking subsection (d) and redesignating
subsection (e) as subsection (d).
(b) Revision to the Federal Procurement Data System.--Not
later than 180 days after the date of the enactment of this
Act, the Administrator of General Services, in coordination
with the Administrator for Federal Procurement Policy, shall
direct appropriate revisions to the Federal procurement data
system established pursuant to section 1122(a)(4) of title
41, United States Code (or any successor system), to
facilitate the collection of complete, timely, and reliable
data on the source selection processes used by Federal
agencies for the contract actions being reported in the
system. The Administrator of General Services shall ensure
that data are collected--
(1) at a minimum, on the usage of the lowest price
technically acceptable contracting methods and best value
contracting methods process; and
(2) on all applicable contracting actions, including task
orders or delivery orders issued under indefinite delivery-
indefinite quantity contracts.
SEC. 807. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE CONTRACTS.
(a) Department of Defense Review.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall review how the Department
of Defense informs decisions to use fixed-price contracts to
support broader acquisition objectives to ensure that such
decisions are made strategically and consistently. The review
should include decisions on the use of the various types of
fixed price contracts, including fixed-price incentive
contracts.
(2) Briefing.--Not later than February 1, 2020, the Under
Secretary shall brief the congressional defense committees on
the findings of the review required under paragraph (1).
(b) Comptroller General Report.--
(1) In general.--Not later than February 1, 2021, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the Department
of Defense's use of fixed-price contracts, including
different types of fixed-price contracts.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of the extent to which fixed-price
contracts have been used over time and the conditions in
which they are used.
(B) An assessment of the effects of the decisions to use
fixed-price contract types, such as any additional costs or
savings or efficiencies in contract administration.
(C) An assessment of how decisions to use various types of
fixed-price contracts affects the contract closeout process.
(c) Delayed Implementation of Regulations Requiring the Use
of Fixed-Price Contracts for Foreign Military Sales.--The
regulations prescribed pursuant to section 830(a) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 22 U.S.C. 2762 note) shall not take
effect until December 31, 2020. The regulations as so
prescribed shall take into account the findings of the review
conducted under subsection (a)(1).
SEC. 808. REPEAL OF CONTINUATION OF DATA RIGHTS DURING
CHALLENGES.
(a) Repeal.--Section 866 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1901; 10 U.S.C. 2321) is repealed.
(b) Restoration of Amended Provision.--Subsection (i) of
section 2321 of title 10, United States Code, is amended to
read as follows:
``(i) Rights and Liability Upon Final Disposition.--(1) If,
upon final disposition, the contracting officer's challenge
to the use or release restriction is sustained--
``(A) the restriction shall be cancelled; and
``(B) if the asserted restriction is found not to be
substantially justified, the contractor or subcontractor
asserting the restriction shall be liable to the United
States for payment of the cost to the United States of
reviewing the asserted restriction and the fees and other
expenses (as defined in section 2412(d)(2)(A) of title 28)
incurred by the United States in challenging the asserted
restriction, unless special circumstances would make such
payment unjust.
``(2) If, upon final disposition, the contracting officer's
challenge to the use or release restriction is not
sustained--
``(A) the United States shall continue to be bound by the
restriction; and
``(B) the United States shall be liable for payment to the
party asserting the restriction for fees and other expenses
(as defined in section 2412(d)(2)(A) of title 28) incurred by
the party asserting the restriction in defending the asserted
restriction if the challenge by the United States is found
not to be made in good faith.''.
SEC. 809. REPEAL OF AUTHORITY TO WAIVE ACQUISITION LAWS TO
ACQUIRE VITAL NATIONAL SECURITY CAPABILITIES.
Section 806 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is
repealed.
SEC. 810. REPEAL OF THE DEFENSE COST ACCOUNTING STANDARDS
BOARD.
(a) Repeal.--Section 190 of title 10, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by striking
the item relating to section 190.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 815. MODIFICATION OF DIRECTOR OF OPERATIONAL TEST AND
EVALUATION REPORT.
Section 139(h) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``, through January 31,
2021'' and inserting ``, through January 31, 2025''; and
(2) by amending paragraph (5) to read as follows:
``(5) The Director shall solicit comments from the
Secretaries of the military departments on each report of the
Director to Congress under this section and include any
comments as an appendix to the Director's report. The
Director shall determine the amount of time available for the
Secretaries to comment on the draft report on a case by case
basis, and consider the extent to which substantive
discussions have already been held between the Director and
the military department. The Director shall reserve the right
to issue the report without comment from a military
department if the department's comments are not received
within the time provided, and shall indicate any such
omission in the report.''.
SEC. 816. MODIFICATION OF WRITTEN APPROVAL REQUIREMENT FOR
TASK AND DELIVERY ORDER SINGLE CONTRACT AWARDS.
Section 2304a(d)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively;
(2) by redesignating subparagraphs (A), (B), (C), and (D)
as clauses (i), (ii), (iii), and (iv), respectively;
(3) by striking ``No task or delivery order contract'' and
inserting ``(A) Except as provided under subparagraph (B), no
task or delivery order contract''; and
(4) by adding at the end the following new subparagraph:
``(B) A task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may
be awarded to a single source without the written
determination otherwise required under subparagraph (A) if
the
[[Page H9474]]
head of the agency has made a written determination pursuant
to section 2304(c) of this title that procedures other than
competitive procedures may be used for the awarding of such
contract.''.
SEC. 817. RESPONSIBILITY FOR DATA ANALYSIS AND REQUIREMENTS
VALIDATION FOR SERVICES CONTRACTS.
(a) In General.--Section 2329 of title 10, United States
Code, is amended--
(1) in subsection (a), by inserting ``, acting through the
Under Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation,'' after ``Secretary of
Defense'';
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``, acting through the Under Secretary of
Defense (Comptroller) and Director of Cost Assessment and
Program Evaluation,'' after ``Secretary of Defense''; and
(3) in subsection (c)(2)(A), by inserting ``, acting
through the Under Secretary of Defense (Comptroller) and
Director of Cost Assessment and Program Evaluation,'' after
``Secretary of Defense''.
(b) Conforming Amendment.--Section 818(b) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1852) is amended by
striking ``the Under Secretary of Defense for Acquisition and
Sustainment'' and inserting ``the Under Secretary of Defense
(Comptroller) and Director of Cost Assessment and Program
Evaluation''.
SEC. 818. DOCUMENTATION OF MARKET RESEARCH RELATED TO
COMMERCIAL ITEM DETERMINATIONS.
(a) Department of Defense Procurements.--
(1) In general.--Section 2377(c) of title 10, United States
Code, is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) The head of an agency shall document the results of
market research in a manner appropriate to the size and
complexity of the acquisition.''.
(2) Conforming amendment related to prospective
amendment.--Section 836(d)(3)(C)(ii) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended by striking ``in paragraph
(4)'' and inserting ``in paragraph (5)''.
(b) Civilian Agency Procurements.--Section 3307(d) of title
41, United States Code, is amended by adding at the end the
following new paragraph:
``(4) Documentation.--The head of the agency shall document
the results of market research in a manner appropriate to the
size and complexity of the acquisition.''.
SEC. 819. AVAILABILITY OF DATA ON THE USE OF OTHER
TRANSACTION AUTHORITY AND REPORT ON THE USE OF
AUTHORITY TO CARRY OUT PROTOTYPE PROJECTS.
Section 873 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1905; 10 U.S.C. 2371 note) is amended--
(1) in subsection (b)--
(A) by striking the period at the end and inserting ``;
and'';
(B) by striking ``shall analyze'' and inserting the
following: ``shall--
``(1) analyze''; and
(C) by adding at the end the following new paragraph:
``(2) make the data collected under subsection (a)
accessible to any official designated by the Secretary of
Defense for inclusion by such official in relevant reports
made by such official.''; and
(2) by amending subsection (c) to read as follows:
``(c) Report Required.--
``(1) In general.--Not later than December 31, 2019, and
annually thereafter through December 31, 2023, the Secretary
of Defense shall submit to the congressional defense
committees a report on the use of other transaction authority
to carry out prototype projects during the preceding fiscal
year. Each report shall summarize the data collected under
subsection (a) on the nature and extent of each such use of
the authority, including a description--
``(A) of the participants to an agreement entered into
pursuant to the authority of subsection (a) of section 2371b
of title 10, United States Code, or a follow-on contract or
transaction entered into pursuant to the authority of
subsection (f) of such section;
``(B) of the quantity of prototype projects to be produced
pursuant to such an agreement, follow-on contract, or
transaction;
``(C) of the amount of payments made pursuant to each such
agreement, follow-on contract, or transaction;
``(D) of the purpose, description, and status of prototype
projects carried out pursuant to each such agreement, follow-
on contract, or transaction; and
``(E) including case examples, of the successes and
challenges with using the authority of such subsection (a) or
(f).
``(2) Form of report.--A report required under this
subsection shall be submitted in unclassified form without
any designation relating to dissemination control, but may
contain a classified annex.''.
SEC. 820. NOTIFICATION OF NAVY PROCUREMENT PRODUCTION
DISRUPTIONS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339b. Notification of Navy procurement production
disruptions
``(a) Requirement for Contractor To Provide Notice of
Delays.--The Secretary of the Navy shall require prime
contractors of any Navy procurement program funded under
either the Shipbuilding and Conversion, Navy account or the
Other Procurement, Navy account to report within 15 calendar
days any stop work order or other manufacturing disruption of
15 calendar days or more, by the prime contractor or any
subcontractor, to the respective program manager and Navy
technical authority.
``(b) Quarterly Reports.--The Secretary of the Navy shall
submit to the congressional defense committees not later than
15 calendar days after the end of each quarter of a fiscal
year a report listing all notifications made pursuant to
subsection (a) during the preceding quarter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States Code, is
amended by inserting after the item relating to section 2339a
the following new item:
``2339b. Notification of Navy procurement production disruptions.''.
SEC. 821. MODIFICATION TO ACQUISITION AUTHORITY OF THE
COMMANDER OF THE UNITED STATES CYBER COMMAND.
Section 807 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is
amended by inserting ``on new contract efforts'' after ``may
not obligate or expend more than $75,000,000''.
SEC. 822. EXTENSION OF NEVER CONTRACT WITH THE ENEMY.
Section 841(n) of the National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 2302
note) is amended by striking ``December 31, 2021'' and
inserting ``December 31, 2023''.
SEC. 823. MODIFICATION OF JUSTIFICATION AND APPROVAL
REQUIREMENT FOR CERTAIN DEPARTMENT OF DEFENSE
CONTRACTS.
(a) Modification of Justification and Approval
Requirement.--Notwithstanding section 811 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2405)--
(1) no justification and approval is required under such
section for a sole-source contract awarded by the Department
of Defense in a covered procurement for an amount not
exceeding $100,000,000; and
(2) for purposes of subsections (a)(2) and (c)(3)(A) of
such section, the appropriate official designated to approve
the justification for a sole-source contract awarded by the
Department of Defense in a covered procurement exceeding
$100,000,000 is the official designated in section
2304(f)(1)(B)(ii) of title 10, United States Code.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue
guidance to implement the authority under subsection (a).
(c) Comptroller General Review.--
(1) Data tracking and collection.--The Department of
Defense shall track the use of the authority as modified by
subsection (a) and make the data available to the Comptroller
General for purposes of the report required under paragraph
(2).
(2) Report.--Not later than March 1, 2022, the Comptroller
General of the United States shall submit a report to the
congressional defense committees on the use of the authority
as modified by subsection (a) through the end of fiscal year
2021. The report shall include--
(A) a review of the financial effect of the change to the
justification and approval requirement in subsection (a) on
the native corporations and businesses and associated native
communities;
(B) a description of the nature and extent of contracts
excluded from the justification and approval requirement by
subsection (a); and
(C) other matters the Comptroller General deems
appropriate.
SEC. 824. EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER
CONSOLIDATION INITIATIVE.
Subsection (e) of section 834 of the National Defense
Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note)
is amended by striking ``2020'' and inserting ``2022''.
SEC. 825. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
Section 890 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1919; 10 U.S.C. 2306a note) is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(3) in subsection (b), as redesignated by paragraph (2), by
striking ``and an assessment of whether the program should be
continued or expanded''; and
(4) in subsection (c), as so redesignated, by striking
``January 2, 2021'' and inserting ``January 2, 2023''.
SEC. 826. UNIFORMITY IN APPLICATION OF MICRO-PURCHASE
THRESHOLD TO CERTAIN TASK OR DELIVERY ORDERS.
Section 4106(c) of title 41, United States Code, is amended
by striking ``$2,500'' and inserting ``the micro-purchase
threshold under section 1902 of this title''.
SEC. 827. REQUIREMENT FOR COST ESTIMATES ON MODELS OF
COMMERCIAL E-COMMERCE PORTAL PROGRAM.
(a) In General.--In implementing section 846 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 41 U.S.C. 1901 note), the Administrator
of General Services shall submit to the appropriate
congressional committees, not later than one year after the
first contract is awarded pursuant to such section, a cost
estimate for the three models for commercial e-commerce
portals identified in section 4.1 of ``Procurement Through
Commercial E-Commerce Portals Phase II Report: Market
Research & Consultation'' issued by the Administrator in
April 2019.
(b) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
[[Page H9475]]
(1) The Committees on Armed Services of the Senate and
House of Representatives.
(2) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Reform of the House of Representatives.
(3) The Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House
of Representatives.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 830. MODIFICATION OF REQUIREMENTS FOR REPORTING TO
CONGRESS ON CERTAIN ACQUISITION PROGRAMS.
(a) Modification of Report to Congress.--Section 2432 of
title 10, United States Code, is amended--
(1) in subsection (b)(1), by adding after ``major defense
acquisition programs'' the following: ``and any program that
is estimated by the Secretary of Defense to require an
eventual total expenditure for research, development, test,
and evaluation of more than $300,000,000 (based on fiscal
year 1990 constant dollars) or an eventual total expenditure
for procurement, including all planned increments or spirals,
of more than $1,800,000,000 (based on fiscal year 1990
constant dollars)''; and
(2) by adding at the end the following new subsections:
``(i) Form of Report.--A Selected Acquisition Report
required under this section shall be submitted in
unclassified form without any designation relating to
dissemination control, but may contain a classified annex.
``(j) Termination.--The requirements under this section
shall terminate after the final submission covering fiscal
year 2021.''.
(b) Proposal for Reports on Acquisition Programs and
Activities.--Not later than October 15, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a proposal for an alternative methodology for
reporting on all acquisition programs that includes--
(1) conforming changes from the most recent update of
Department of Defense Directive 5000.01 (The Defense
Acquisition System) and Department of Defense Instruction
5000.02 (Operation of the Defense Acquisition System);
(2) the reporting requirements relating to Selected
Acquisition Reports under section 2432 of title 10, United
States Code;
(3) the reporting requirements relating to unit costs under
section 2433 of such title; and
(4) the reporting requirements for acquisition programs
that use alternative acquisition pathways or tailored
acquisition procedures.
SEC. 831. PILOT PROGRAM TO STREAMLINE DECISION-MAKING
PROCESSES FOR WEAPON SYSTEMS.
(a) Candidate Acquisition Programs.--Not later than
February 1, 2020, each Service Acquisition Executive shall
recommend to the Secretary of Defense at least one major
defense acquisition program for a pilot program to include
tailored measures to streamline the entire milestone decision
process, with the results evaluated and reported for
potential wider use.
(b) Elements.--Each pilot program selected pursuant to
subsection (a) shall include the following elements:
(1) Delineating the appropriate information needed to
support milestone decisions, assuring program accountability
and oversight, which should be based on the business case
principles needed for well-informed milestone decisions,
including user-defined requirements, reasonable acquisition
and life-cycle cost estimates, and a knowledge-based
acquisition plan for maturing technologies, stabilizing the
program design, and ensuring key manufacturing processes are
in control.
(2) Developing an efficient process for providing this
information to the milestone decision authority by--
(A) minimizing any reviews between the program office and
the different functional staff offices within each chain of
command level; and
(B) establishing frequent, regular interaction between the
program office and milestone decision makers, in lieu of
documentation reviews, to help expedite the process.
SEC. 832. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL
DEVELOPMENT DECISIONS.
(a) Timeline.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
update existing guidance for analyses of alternatives
conducted pursuant to a materiel development decision for a
major defense acquisition program to incorporate the
following:
(1) Study completion within nine months.
(2) Study guidance issued by the Director, Cost Assessment
and Program Evaluation of a scope designed to provide for
reasonable completion of the study within the nine-month
period.
(3) Procedures for waiver of the timeline requirements of
this subsection on a case-by-case basis if--
(A) the subject of the analysis is of extreme technical
complexity;
(B) collection of additional intelligence is required to
inform the analysis;
(C) insufficient technical expertise is available to
complete the analysis; or
(D) the Secretary determines that there other sufficient
reasons for delay of the analysis.
(b) Reporting.--If an analysis of alternatives cannot be
completed within the allotted time, or a waiver is used, the
Secretary shall report to the congressional defense
committees the following information:
(1) For a waiver, the basis for use of the waivers,
including the reasons why the study cannot be completed
within the allotted time.
(2) For a study estimated to take more than nine months--
(A) an estimate of when the analysis will be completed;
(B) an estimate of any additional costs to complete the
analysis; and
(C) other relevant information pertaining to the analysis
and its completion.
(c) Report on Analyses of Alternatives.--
(1) Assessment.--
(A) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall engage with an independent
entity, including under the Program for Acquisition
Innovation Research, to assess the conduct of analyses of
alternatives.
(B) Elements.--The assessment required under subparagraph
(A) shall--
(i) assess the time required to complete analyses of
alternatives within the Department of Defense completed over
the last five fiscal years, as compared with best practices;
(ii) provide recommendations and policy options to improve
analyses of alternatives; and
(iii) discuss any other matters as identified by the Under
Secretary.
(C) Access to data.--The Under Secretary shall ensure that
the independent entity is provided access to the data,
information, and resources necessary to complete the required
analyses and assessment.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Under Secretary shall submit to
the congressional defense committees a report including the
assessment required under paragraph (1) and a review and
assessment by the Under Secretary of the findings made in the
assessment.
SEC. 833. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE
MILESTONE B APPROVAL.
Section 2366b(a) of title 10, United States Code, is
amended--
(1) in paragraph (3)(O), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) in the case of a naval vessel program, certifies
compliance with the requirements of section 8669b of this
title.''.
Subtitle D--Provisions Relating to the Acquisition System
SEC. 835. EXTRAMURAL ACQUISITION INNOVATION AND RESEARCH
ACTIVITIES.
(a) Extramural Acquisition Innovation and Research
Activities.--
(1) In general.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2361 the
following new section:
``Sec. 2361a. Extramural acquisition innovation and research
activities
``(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment and in coordination with the Under Secretary of
Defense for Research and Engineering, shall establish and
maintain extramural acquisition innovation and research
activities as described in subsection (d), which shall
include an acquisition research organization within a
civilian college or university that is not owned or operated
by the Federal Government that is established to provide and
maintain essential research and development capabilities
through a long-term strategic relationship with the
Department of Defense.
``(b) Goals.--The goal of any activity conducted pursuant
to this section shall be to provide academic analyses and
policy alternatives for innovation in defense acquisition
policies and practices to policymakers in the Federal
Government by using a variety of means intended to widely
disseminate research findings from such an activity, in
addition to executing demonstration and pilot programs of
innovative acquisition policies and practices.
``(c) Director.--
``(1) Appointment.--Not later than June 1, 2020, the
Secretary of Defense shall appoint an individual from
civilian life to serve as the director for the extramural
acquisition innovation and research activities required by
this section (referred to in this section as the `Director').
``(2) Term.--The Director shall serve a term of five years.
``(d) Activities.--The activities described in this
subsection are as follows:
``(1) Research on past and current defense acquisition
policies and practices, commercial and international best
practices, and the application of new technologies and
analytical capabilities to improve acquisition policies and
practices.
``(2) Pilot programs to prototype and demonstrate new
acquisition practices for potential transition to wider use
in the Department of Defense.
``(3) Establishment of data repositories and development of
analytical capabilities, in coordination with the Chief Data
Officer of the Department of Defense, to enable researchers
and acquisition professionals to access and analyze
historical data sets to support research and new policy and
practice development.
``(4) Executive education to--
``(A) support acquisition workforce development, including
for early career, mid-career, and senior leaders; and
``(B) provide appropriate education on acquisition issues
to non-acquisition professionals.
``(5) On an ongoing basis, a review of the implementation
of recommendations contained in relevant Department of
Defense and private sector studies on acquisition policies
and practices, including--
``(A) for recommendations for the enactment of legislation,
identify the extent to which the recommendations have been
enacted into law by Congress;
``(B) for recommendations for the issuance of regulations,
identify the extent to which the recommendations have been
adopted through the issuance or revision of regulations;
[[Page H9476]]
``(C) for recommendations for revisions to policies and
procedures in the executive branch, identify the extent to
which the recommendations have been adopted through issuance
of an appropriate implementing directive or other form of
guidance; and
``(D) for recommendations for the resources required to
implement recommendations contained in relevant Department of
Defense and private sector studies on acquisition policies
and practices.
``(6) Engagement with researchers and acquisition
professionals in the Department of Defense, as appropriate.
``(e) Funding.--Subject to the availability of
appropriations, the Secretary may use amounts available in
the Defense Acquisition Workforce and Development Account to
carry out the requirements of this section.
``(f) Annual Report.--Not later than September 30, 2021,
and annually thereafter, the Director shall submit to the
Secretary of Defense and the congressional defense committees
a report describing the activities conducted under this
section during the previous year.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2361 the following new item:
``2361a. Extramural acquisition innovation and research activities.''.
(3) Implementation.--
(A) Deadline.--Not later than March 1, 2020, the Secretary
of Defense shall establish the extramural acquisition
innovation and research activities required by section 2361a
of title 10, United States Code (as added by this
subsection).
(B) Report.--
(i) In general.--Not later than January 1, 2021, the
Director of the extramural acquisition innovation and
research activities appointed under such section shall submit
to the Secretary of Defense a report setting forth a plan,
proposed budget, and schedule for execution of such
activities.
(ii) Transmittal.--Not later than February 1, 2021, the
Secretary of Defense shall transmit the report required under
clause (i), together with whatever comments the Secretary
considers appropriate, to the Committees on Armed Services of
the Senate and the House of Representatives.
(b) Records of the Section 809 Panel.--
(1) Transfer and maintenance of records.--Not later than
March 1, 2020, the records of the Section 809 Panel shall be
transferred to, and shall be maintained by, the Defense
Technical Information Center.
(2) Status of records.--Working papers, records of
interview, and any other draft work products generated for
any purpose by the Section 809 Panel shall be covered by the
deliberative process privilege exemption under paragraph (5)
of section 552(b) of title 5, United States Code.
(3) Availability.--To the maximum extent practicable, the
Secretary shall make the records available to support
activities conducted by the research organization described
under section 2361a of title 10, United States Code (as added
by subsection (a)).
(4) Section 809 panel defined.--In this subsection, the
term ``Section 809 Panel'' means the panel established by the
Secretary of Defense pursuant to section 809 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92).
SEC. 836. REPORT ON REALIGNMENT OF THE DEFENSE ACQUISITION
SYSTEM TO IMPLEMENT ACQUISITION REFORMS.
The Secretary of Defense shall include with the budget for
fiscal year 2021, as submitted to Congress pursuant to
section 1105(a) of title 31, United States Code, a report on
the progress of implementing acquisition reform initiatives
that have been enacted into law through Department of Defense
regulations, Directives, Instructions, or other guidance.
Such report shall include a description of--
(1) how the Secretary will identify, quantify, assess, and
manage acquisition program risks;
(2) what changes have been made to systems for collecting
and sharing data on acquisition programs, including how
access to acquisition program data is managed; and
(3) updates to, or the implementation of, procedures for
tailoring acquisition methods, including alternative
acquisition pathways such as--
(A) the use of the ``middle tier'' of acquisition programs
described under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note);
(B) the alternative acquisition pathways established under
section 805 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note);
(C) a software acquisition pathway described under section
800 of this Act; and
(D) the use of procedures to respond to urgent operational
needs.
SEC. 837. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS
RELATING TO THE ``MIDDLE TIER'' OF ACQUISITION
PROGRAMS.
(a) Report.--Not later than December 15, 2019, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report that
includes the guidance required under section 804(a) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note). The Under Secretary
of Defense for Acquisition and Sustainment shall ensure such
guidance includes the business case elements required by an
acquisition program established pursuant to such guidance and
the metrics required to assess the performance of such a
program.
(b) Limitation.--
(1) In general.--Beginning on December 15, 2019, if the
Under Secretary of Defense for Acquisition and Sustainment
has not submitted the report required under subsection (a),
not more than 75 percent of the funds specified in paragraph
(2) may be obligated or expended until the date on which the
report required under subsection (a) has been submitted.
(2) Funds specified.--The funds specified in this paragraph
are the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the
Department of Defense that remain unobligated as of December
15, 2019, for the following:
(A) The execution of any acquisition program established
pursuant to the guidance required under such section 804(a).
(B) The operations of the Office of the Under Secretary of
Defense for Research & Engineering.
(C) The operations of the Office of the Under Secretary of
Defense for Acquisition & Sustainment.
(D) The operations of the Office of the Director of Cost
Analysis and Program Evaluation.
(E) The operations of the offices of the service
acquisition executives of the military departments.
SEC. 838. REPORT ON INTELLECTUAL PROPERTY POLICY AND THE
CADRE OF INTELLECTUAL PROPERTY EXPERTS.
(a) In General.--Section 802 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1450) is amended by adding at the end the following
new subsection:
``(c) Report.--Not later than December 15, 2019, the
Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition and Sustainment, shall submit to the
congressional defense committees a report that includes--
``(1) the policy required in subsection (a) of section 2322
of title 10, United States Code;
``(2) an identification of each member of the cadre of
intellectual property experts required in subsection (b) of
such section and the office to which such member belongs;
``(3) a description of the leadership structure and the
office that will manage the cadre of intellectual property
experts; and
``(4) a description of the specific activities performed,
and programs and efforts supported, by the cadre of
intellectual property experts during the 12-month period
preceding the date of the report.''.
(b) Limitation.--
(1) In general.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense, not more than 75 percent may
be obligated or expended for any of the offices described in
paragraph (2) until the date on which the Secretary of
Defense submits the report required under subsection (c) of
section 802 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1450), as
added by this section.
(2) Offices described.--The offices described in this
paragraph are as follows:
(A) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.
(B) The Office of the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology.
(C) The Office of the Assistant Secretary of the Navy for
Research, Development, and Acquisition.
(D) The Office of the Assistant Secretary of the Air Force
for Acquisition, Technology, and Logistics.
SEC. 839. GUIDANCE AND REPORTS RELATING TO COVERED DEFENSE
BUSINESS SYSTEMS.
(a) Amendments to Guidance for Covered Defense Business
Systems.--Section 2222(d) of title 10, United States Code, is
amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (c)(1)'' and inserting ``subsection (c)''; and
(2) by adding at the end the following new paragraphs:
``(7) Policy to ensure a covered defense business system is
in compliance with the Department's auditability
requirements.
``(8) Policy to ensure approvals required for the
development of a covered defense business system.''.
(b) Reports.--
(1) Guidance.--The Secretary of Defense shall submit to the
congressional defense committees a report--
(A) not later than December 31, 2019, that includes the
guidance required under paragraph (1) of section 2222(c) of
title 10, United States Code; and
(B) not later than March 31, 2020, that includes the
guidance required under paragraph (2) of such section.
(2) Information technology and defense business enterprise
architecture.--Not later than February 1, 2020, the Chief
Information Officer of the Department of Defense shall submit
to the congressional defense committees a notification that
the information technology enterprise architecture required
under subparagraph (B) of section 2222(e)(4) of title 10,
United States Code--
(A) has been established, including a schedule for
implementing the plan required under such subparagraph (B)
and a schedule for integrating the defense business
enterprise architecture into the information technology
enterprise architecture (as required under subparagraph (A)
of such section); or
(B) has not been established, and include a schedule for--
(i) establishing such architecture;
(ii) implementing the plan required under such subparagraph
(B); and
(iii) integrating the defense business enterprise
architecture into the information technology enterprise
architecture (as required under subparagraph (A) of such
section).
[[Page H9477]]
SEC. 840. IMPLEMENTATION GUIDANCE FOR USE OF A MODULAR OPEN
SYSTEM APPROACH.
(a) Guidance for Program Capabilities Development and
Acquisition Weapon System Design.--Section 2446b of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(f) Implementation Guidance.--The Secretaries of the
military departments shall issue guidance to implement the
requirements of this section.''.
(b) Guidance for Major System Interfaces.--Section 2446c of
title 10, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
adding ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) issue guidance to implement the requirements of this
section.''.
SEC. 841. LIMITATION ON AVAILABILITY OF FUNDS FOR THE OFFICE
OF THE CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
Of the funds authorized to be appropriated or otherwise
made available for fiscal year 2020 for the Department of
Defense, not more than 75 percent may be obligated or
expended for the Office of the Chief Management Officer until
the date on which the Chief Management Officer submits to the
congressional defense committees--
(1) the certification of cost savings described in
subparagraph (A) of section 921(b)(5) of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2222 note); or
(2) the notice and justification described in subparagraph
(B) of such section.
Subtitle E--Industrial Base Matters
SEC. 845. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE
INTEGRITY OF INDUSTRIAL BASE.
(a) In General.--Subchapter II of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2509. Modernization of acquisition processes to ensure
integrity of industrial base
``(a) Digitization and Modernization.--The Secretary of
Defense shall streamline and digitize the existing Department
of Defense approach for identifying and mitigating risks to
the defense industrial base across the acquisition process,
creating a continuous model that uses digital tools,
technologies, and approaches designed to ensure the
accessibility of data to key decision-makers in the
Department.
``(b) Analytical Framework.--(1) The Under Secretary of
Defense for Acquisition and Sustainment, in coordination with
the Director of the Defense Counterintelligence and Security
Agency and the heads of other elements of the Department of
Defense as appropriate, shall develop an analytical framework
for risk mitigation across the acquisition process.
``(2) The analytical framework required under paragraph (1)
shall include the following elements:
``(A) Characterization and monitoring of supply chain
risks, including--
``(i) material sources and fragility, including the extent
to which sources, items, materials, and articles are mined,
produced, or manufactured within or outside the United
States;
``(ii) telecommunications services or equipment (other than
optical transmission components);
``(iii) counterfeit parts;
``(iv) cybersecurity of contractors;
``(v) video surveillance services or equipment;
``(vi) vendor vetting in contingency or operational
environments;
``(vii) other electronic or information technology products
and services; and
``(viii) other risk areas as determined appropriate.
``(B) Characterization and monitoring of risks posed by
contractor behavior that constitute violations of laws or
regulations, including those relating to--
``(i) fraud;
``(ii) ownership structures;
``(iii) trafficking in persons;
``(iv) workers' health and safety;
``(v) affiliation with the enemy;
``(vi) foreign influence; and
``(vii) other risk areas as deemed appropriate.
``(C) Characterization and assessment of the acquisition
processes and procedures of the Department of Defense,
including--
``(i) market research;
``(ii) responsibility determinations, including
consideration of the need for special standards of
responsibility to address the risks described in
subparagraphs (A) and (B);
``(iii) facilities clearances;
``(iv) the development of contract requirements;
``(v) the technical evaluation of offers and contract
awards;
``(vi) contractor mobilization, including hiring, training,
and establishing facilities;
``(vii) contract administration, contract management, and
oversight;
``(viii) contract audit for closeout;
``(ix) suspension and debarment activities and
administrative appeals activities;
``(x) contractor business system reviews; and
``(xi) other relevant processes and procedures.
``(D) Characterization and monitoring of the health and
activities of the defense industrial base, including those
relating to--
``(i) balance sheets, revenues, profitability, and debt;
``(ii) investment, innovation, and technological and
manufacturing sophistication;
``(iii) finances, access to capital markets, and cost of
raising capital within those markets;
``(iv) corporate governance, leadership, and culture of
performance; and
``(v) history of performance on past Department of Defense
and government contracts.
``(c) Roles and Responsibilities.--The Secretary of Defense
shall designate the roles and responsibilities of
organizations and individuals to execute activities under
this section, including--
``(1) the Under Secretary of Defense for Acquisition and
Sustainment, including the Office of Defense Pricing and
Contracting and the Office of Industrial Policy;
``(2) service acquisition executives;
``(3) program offices and procuring contracting officers;
``(4) administrative contracting officers within the
Defense Contract Management Agency and the Supervisor of
Shipbuilding;
``(5) the Defense Counterintelligence and Security Agency;
``(6) the Defense Contract Audit Agency;
``(7) each element of the Department of Defense which own
or operate systems containing data relevant to contractors of
the Department;
``(8) the Under Secretary of Defense for Research and
Engineering;
``(9) the suspension and debarment official of the
Department;
``(10) the Chief Information Officer; and
``(11) other relevant organizations and individuals.
``(d) Enabling Data, Tools, and Systems.--(1)(A) The Under
Secretary of Defense for Acquisition and Sustainment, in
consultation with the Chief Data Officer of the Department of
Defense and the Director of the Defense Counterintelligence
and Security Agency, shall assess the extent to which
existing systems of record relevant to risk assessments and
contracting are producing, exposing, and timely maintaining
valid and reliable data for the purposes of the Department's
continuous assessment and mitigation of risks in the defense
industrial base.
``(B) The assessment required under subparagraph (A) shall
include the following elements:
``(i) Identification of the necessary source data, to
include data from contractors, intelligence and security
activities, program offices, and commercial research
entities.
``(ii) A description of the modern data infrastructure,
tools, and applications and what changes would improve the
effectiveness and efficiency of mitigating the risks
described in subsection (b)(2).
``(iii) An assessment of the following systems owned or
operated outside of the Department of Defense that the
Department depends upon or to which it provides data:
``(I) The Federal Awardee Performance and Integrity
Information System (FAPIIS).
``(II) The System for Award Management (SAM).
``(III) The Federal Procurement Data System-Next Generation
(FPDS-NG).
``(IV) The Electronic Data Management Information System.
``(V) Other systems the Secretary of Defense determines
appropriate.
``(iv) An assessment of systems owned or operated by the
Department of Defense, including the Defense
Counterintelligence and Security Agency and other defense
agencies and field activities used to capture and analyze the
status and performance (including past performance) of
vendors and contractors.
``(2) Based on the findings pursuant to paragraph (1), the
Secretary of Defense shall develop a unified set of
activities to modernize the systems of record, data sources
and collection methods, and data exposure mechanisms. The
unified set of activities should feature--
``(A) the ability to continuously collect data on, assess,
and mitigate risks;
``(B) data analytics and business intelligence tools and
methods; and
``(C) continuous development and continuous delivery of
secure software to implement the activities.
``(e) Rule of Construction.--Nothing in this section shall
be construed to limit or modify any other procurement policy,
procedure, requirement, or restriction provided by law.
``(f) Implementation and Reporting Requirements.--The
Secretary of Defense shall carry out the implementation
phases set forth in, and submit to the congressional defense
committees the items of information required by, the
following paragraphs:
``(1) Phase 1: implementation plan.--Not later than 90 days
after the date of the enactment of this section, an
implementation plan and schedule for carrying out the
framework established pursuant to subsection (b), including--
``(A) a discussion and recommendations for any changes to,
or exemptions from, laws necessary for effective
implementation, including updating the definitions in section
2339a(e) of this title relating to covered procurement,
covered system, and covered item of supply, and any similar
terms defined in other law or regulation; and
``(B) a process for an entity to contact the Department
after the entity has taken steps to remediate, mitigate, or
otherwise address the risks identified by the Department in
conducting activities under subsection (b).
``(2) Phase 2: implementation of framework.--Not later than
one year after the date of the submission of the
implementation plan and schedule required under paragraph
(1), a report on the actions taken to implement the framework
established pursuant to subsection (b).
``(g) Comptroller General Reviews.--
``(1) Briefing.--Not later than February 15, 2020, the
Comptroller General of the United States shall brief the
congressional defense committees on Department of Defense
efforts over the previous 5 years to continuously assess and
mitigate risks to the defense industrial base across the
acquisition process, and a summary of current and planned
efforts.
[[Page H9478]]
``(2) Periodic assessments.--The Comptroller General shall
submit to the congressional defense committees three periodic
assessments of Department of Defense progress in implementing
the framework required under subsection (b), to be provided
not later than October 15, 2020, March 15, 2022, and March
15, 2024.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter II of chapter 148 of such title is
amended by inserting after the item relating to section 2508
the following new item:
``2509. Modernization of acquisition processes to ensure integrity of
industrial base.''.
SEC. 846. REPORT REQUIREMENTS FOR THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) National Security Strategy for National Technology and
Industrial Base.--Section 2501(a) of title 10, United States
Code, is amended by inserting after the first sentence the
following new sentence: ``The Secretary shall submit such
strategy to Congress not later than 180 days after the date
of submission of the national security strategy report
required under section 108 of the National Security Act of
1947 (50 U.S.C. 3043).''.
(b) Annual Report to Congress.--Section 2504(3) of title
10, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting
``Executive order or'' after ``pursuant to'';
(2) by amending subparagraph (A) to read as follows:
``(A) a map of the industrial base;'';
(3) by redesignating subparagraph (B) as subparagraph (C);
and
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a prioritized list of gaps or vulnerabilities in the
national technology and industrial base, including--
``(i) a description of mitigation strategies necessary to
address such gaps or vulnerabilities;
``(ii) the identification of the Secretary concerned or the
head of the Defense Agency responsible for addressing such
gaps or vulnerabilities; and
``(iii) a proposed timeline for action to address such gaps
or vulnerabilities; and''.
(c) Annual Report on Unfunded Priorities for National
Technical Industrial Base.--
(1) In general.--Subchapter II of chapter 148 of title 10,
United States Code, is amended by inserting after section
2504 the following new section:
``Sec. 2504a. Unfunded priorities of the national technology
and industrial base: annual report
``(a) Annual Report.--Not later than 10 days after the date
on which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31,
the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the Secretary of Defense, the
Chairman of the Joint Chiefs of Staff, and the congressional
defense committees a report on the unfunded priorities to
address gaps or vulnerabilities in the national technology
and industrial base.
``(b) Elements.--
``(1) In general.--Each report under subsection (a) shall
specify, for each unfunded priority covered by such report,
the following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such priority,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable research,
development, test, and evaluation accounts.
``(iii) Sub-activity group (SAG) for applicable operation
and maintenance accounts.
``(2) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report in
order of urgency of priority.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a
program, activity, or mission requirement of the national
technology and industrial base that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31;
``(2) is necessary to address gaps or vulnerabilities in
the national technology and industrial base; and
``(3) would have been recommended for funding through the
budget referred to in paragraph (1) if--
``(A) additional resources had been available for the
budget to fund the program, activity, or mission requirement;
or
``(B) the program, activity, or mission requirement had
emerged before the budget was formulated.''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``2504a. Unfunded priorities of the national technology and industrial
base: annual report.''.
SEC. 847. MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP,
CONTROL, OR INFLUENCE OF DEPARTMENT OF DEFENSE
CONTRACTORS OR SUBCONTRACTORS.
(a) Definitions.--In this section:
(1) Beneficial owner; beneficial ownership.--The terms
``beneficial owner'' and ``beneficial ownership'' shall be
determined in a manner that is not less stringent than the
manner set forth in section 240.13d-3 of title 17, Code of
Federal Regulations (as in effect on the date of the
enactment of this Act).
(2) Company.--The term ``company'' means any corporation,
company, limited liability company, limited partnership,
business trust, business association, or other similar
entity.
(3) Covered contractor or subcontractor.--The term
``covered contractor or subcontractor'' means a company that
is an existing or prospective contractor or subcontractor of
the Department of Defense on a contract or subcontract with a
value in excess of $5,000,000, except as provided in
subsection (c).
(4) Foreign ownership, control, or influence; foci.--The
terms ``foreign ownership, control, or influence'' and
``FOCI'' have the meanings given those terms in the National
Industrial Security Program Operating Manual (DOD 5220.22-M),
or a successor document.
(b) Improved Assessment and Mitigation of Risks Related to
Foreign Ownership, Control, or Influence.--
(1) In general.--In developing and implementing the
analytical framework for mitigating risk relating to
ownership structures, as required by section 2509 of title
10, United States Code, as added by section 845 of this Act,
the Secretary of Defense shall improve the process and
procedures for the assessment and mitigation of risks related
to foreign ownership, control, or influence (FOCI) of
contractors and subcontractors doing business with the
Department of Defense.
(2) Elements.--The process and procedures for the
assessment and mitigation of risk relating to ownership
structures referred to in paragraph (1) shall include the
following elements:
(A) Assessment of foci.--(i) A requirement for covered
contractors and subcontractors to disclose to the Defense
Counterintelligence and Security Agency, or its successor
organization, their beneficial ownership and whether they are
under FOCI.
(ii) A requirement to update such disclosures when changes
occur to information previously provided, consistent with or
similar to the procedures for updating FOCI information under
the National Industrial Security Program Operating Manual
(DOD 5220.22-M), or a successor document.
(iii) A requirement for covered contractors and
subcontractors determined to be under FOCI to disclose
contact information for each of its foreign owners that is a
beneficial owner.
(iv) A requirement that, at a minimum, the disclosures
required by this paragraph be provided at the time the
contract or subcontract is awarded, amended, or renewed, but
in no case later than one year after the Secretary prescribes
regulations to carry out this subsection.
(B) Responsibility determination.--Consistent with section
2509 of title 10, United States Code, as added by section 845
of this Act, consideration of FOCI risks as part of
responsibility determinations, including--
(i) whether to establish a special standard of
responsibility relating to FOCI risks for covered contractors
or subcontractors, and the extent to which the policies and
procedures consistent with or similar to those relating to
FOCI under the National Industrial Security Program shall be
applied to covered contractors or subcontractors;
(ii) procedures for contracting officers making
responsibility determinations regarding whether covered
contractors and subcontractors may be under foreign
ownership, control, or influence and for determining whether
there is reason to believe that such foreign ownership,
control, or influence would pose a risk or potential risk to
national security or potential compromise because of
sensitive data, systems, or processes, such as personally
identifiable information, cybersecurity, or national security
systems involved with the contract or subcontract; and
(iii) modification of policies, directives, and practices
to provide that an assessment that a covered contractor or
subcontractor is under FOCI may be a sufficient basis for a
contracting officer to determine that a contractor or
subcontractor is not responsible.
(C) Contract requirements, administration, and oversight
relating to foci.--
(i) Requirements for contract clauses providing for and
enforcing disclosures related to changes in FOCI or
beneficial ownership during performance of the contract or
subcontract, consistent with subparagraph (A), and
necessitating the effective mitigation of risks related to
FOCI throughout the duration of the contract or subcontract.
(ii) Pursuant to section 831(c), designation of the
appropriate Department of Defense official responsible to
approve and to take actions relating to award, modification,
termination of a contract, or direction to modify or
terminate a subcontract due to an assessment by the Defense
Counterintelligence and Security Agency, or its successor
organization, that a covered contractor or subcontractor
under FOCI poses a risk to national security or potential
risk of compromise.
(iii) A requirement for the provision of additional
information regarding beneficial ownership and control of any
covered contractor or subcontractor on the contract or
subcontract.
(iv) Other measures as necessary to be consistent with
other relevant practices, policies, regulations, and actions,
including those under the National Industrial Security
Program.
(c) Applicability to Contracts and Subcontracts for
Commercial Products and Services and Other Forms of
Acquisition Agreements.--
(1) Commercial products and services.--The requirements
under subsection (b)(2)(A) and (b)(2)(C) shall not apply to a
contract or subcontract for commercial products or services,
unless a designated senior Department of Defense official
specifically requires the applicability of subsections
(b)(2)(A) and (b)(2)(C) based on a determination by the
designated senior official that the contract or subcontract
involves a risk
[[Page H9479]]
or potential risk to national security or potential
compromise because of sensitive data, systems, or processes,
such as personally identifiable information, cybersecurity,
or national security systems.
(2) Research and development and procurement activities.--
The Secretary of Defense shall ensure that the requirements
of this section are applied to research and development and
procurement activities, including for the delivery of
services, established through any means including those under
section 2358(b) of title 10, United States Code.
(d) Availability of Resources.--The Secretary shall ensure
that sufficient resources, including subject matter
expertise, are allocated to execute the functions necessary
to carry out this section, including the assessment,
mitigation, contract administration, and oversight functions.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit or modify any other procurement policy,
procedure, requirement, or restriction provided by law,
including section 721 of the Defense Production Act of 1950
(50 U.S.C. 4565), as amended by the Foreign Interference Risk
Review Modernization Act of 2018 (subtitle A of title XVII of
Public Law 115-232).
(f) Availability of Beneficial Ownership Data.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a process to update systems of record to improve
the assessment and mitigation of risks associated with FOCI
through the inclusion and updating of all appropriate
associated uniquely identifying information about the
contracts and contractors and subcontracts and subcontractors
in the Federal Awardee Performance and Integrity Information
System (FAPIIS), administered by the General Services
Administration, and the Commercial and Government Entity
(CAGE) database, administered by the Defense Logistics
Agency.
(2) Limited availability of information.--The Secretary of
Defense shall ensure that the information required to be
disclosed pursuant to this section is--
(A) not made public;
(B) made available via the FAPIIS and CAGE databases; and
(C) made available to appropriate government departments or
agencies.
SEC. 848. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-
MADE UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The
Secretary of Defense may not operate or enter into or renew a
contract for the procurement of--
(1) a covered unmanned aircraft system that--
(A) is manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data transmission
devices, cameras, or gimbals manufactured in a covered
foreign country or by an entity domiciled in a covered
foreign country;
(C) uses a ground control system or operating software
developed in a covered foreign country or by an entity
domiciled in a covered foreign country; or
(D) uses network connectivity or data storage located in or
administered by an entity domiciled in a covered foreign
country; or
(2) a system manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country for the
detection or identification of covered unmanned aircraft
systems.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the operation or
procurement is for the purposes of--
(1) Counter-UAS surrogate testing and training; or
(2) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
(c) Waiver.--The Secretary of Defense may waive the
restriction under subsection (a) on a case by case basis by
certifying in writing to the congressional defense committees
that the operation or procurement is required in the national
interest of the United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' means an unmanned aircraft system
and any related services and equipment.
SEC. 849. MODIFICATION OF PROHIBITION ON ACQUISITION OF
SENSITIVE MATERIALS FROM NON-ALLIED FOREIGN
NATIONS.
(a) Expansion of Materials Covered by Prohibition on Sale
From National Defense Stockpile.--Subsection (a)(2) of
section 2533c of title 10, United States Code, is amended, in
the matter preceding subparagraph (A), by striking ``covered
material'' and inserting ``material''.
(b) Inclusion of Tantalum in Definition of Covered
Materials.--Subsection (d)(1) of such section is amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) tantalum metals and alloys.''.
SEC. 850. ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH
MATERIALS.
(a) Authority to Dispose of and Acquire Materials for the
National Defense Stockpile.--
(1) Disposal authority.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager shall dispose
of 3,000,000 pounds of tungsten ores and concentrates
contained in the National Defense Stockpile (in addition to
any amount previously authorized for disposal).
(2) Acquisition authority.--
(A) Authority.--Using funds available in the National
Defense Stockpile Transaction Fund, the National Defense
Stockpile Manager may acquire the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(i) Aerospace-grade rayon.
(ii) Electrolytic manganese metal.
(iii) Pitch-based carbon fiber.
(iv) Rare earth cerium compounds.
(v) Rare earth lanthanum compounds.
(B) Amount of authority.--The National Defense Stockpile
Manager may use up to $37,420,000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified in this paragraph.
(3) Fiscal year limitation.--The authority under this
subsection is available for purchases made during fiscal year
2020 through fiscal year 2024.
(b) Sense of Congress Relating to National Defense
Stockpile Sales.--It is the sense of Congress that tantalum
should be designated as a strategic and critical material
under the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98 et seq.) required to meet the defense,
industrial, and essential civilian needs of the United
States.
(c) Report on Supply Chain Issues for Rare Earth
Materials.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Defense
Logistics Agency, in coordination with the Deputy Assistant
Secretary of Defense for Industrial Policy, shall submit a
report to Congress assessing issues relating to the supply
chain for rare earth materials. Such report shall include the
following:
(1) An assessment of the rare earth materials in the
reserves held by the United States.
(2) A estimate of the needs of the United States for rare
earth materials--
(A) in general; and
(B) to support a major near-peer conflict as described in
war game scenarios in the 2018 National Defense Strategy.
(3) An assessment of the extent to which substitutes for
rare earth materials are available.
(4) A strategy or plan to encourage the use of rare earth
materials mined, refined, processed, melted, or sintered in
the United States, or from trusted allies, including an
assessment of the best acquisition practices (which shall
include an analysis of best value contracting methods) to
ensure the viability of trusted suppliers of rare earth
materials to meet national security needs.
SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-
ENHANCED CAPABILITIES WITH PARTNERSHIP
INTERMEDIARIES.
(a) Establishment.--The Commander of the United States
Special Operations Command may use the greater of $2,000,000
or 5 percent of the funds required to be expended by the
United States Special Operations Command under section
9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for a
pilot program to increase participation by small business
concerns in the development of technology-enhanced
capabilities for special operations forces.
(b) Use of Partnership Intermediary.--
(1) Authorization.--The Commander of the United States
Special Operations Command may modify an existing agreement
with a partnership intermediary to assist the Commander in
carrying out the pilot program under this section, including
with respect to the award of contracts and agreements to
small business concerns.
(2) Use of funds.--None of the funds referred to in
subsection (a) shall be used to pay a partnership
intermediary for any administrative costs associated with the
pilot program.
(c) Report.--Not later than October 1, 2020, and October 1,
2021, the Commander of the United States Special Operations
Command, in coordination with the Under Secretary of Defense
for Research and Engineering, shall submit to the
congressional defense committees, the Committee on Small
Business of the House of Representatives, and the Committee
on Small Business and Entrepreneurship of the Senate a report
describing any agreement with a partnership intermediary
entered into pursuant to this section. The report shall
include, for each such agreement, the amount of funds
obligated, an identification of the recipient of such funds,
and a description of the use of such funds.
(d) Termination.--The authority to carry out a pilot
program under this section shall terminate on September 30,
2021.
(e) Definitions.--In this section:
(1) Partnership intermediary.--The term ``partnership
intermediary'' has the meaning given the term in section
23(c) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3715(c)).
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term under section 3 of
the Small Business Act (15 U.S.C. 632).
(3) Small business innovation research program.--The term
``Small Business Innovation Research Program'' has the
meaning given the term in section 9(e)(4) of the Small
Business Act (15 U.S.C. 638(e)).
(4) Small business technology transfer program.--The term
``Small Business Technology Transfer Program'' has the
meaning given the term in section 9(e)(6) of the Small
Business Act (15 U.S.C. 638(e)).
(5) Technology-enhanced capability.--The term ``technology-
enhanced capability'' means a product, concept, or process
that improves the ability of a member of the Armed Forces to
achieve an assigned mission.
[[Page H9480]]
SEC. 852. AUTHORIZED OFFICIAL TO CARRY OUT THE PROCUREMENT
TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) Authorized Official.--Effective October 1, 2021,
section 2411(3) of title 10, United States Code, is amended
by striking ``Director of the Defense Logistics Agency'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(b) Report and Briefing.--Not later than November 1, 2020,
the Secretary of Defense shall provide to the congressional
defense committees a written report and briefing on the
activities carried out in preparation for the transition of
responsibilities for carrying out the procurement technical
assistance cooperative agreement program under chapter 142 of
title 10, United States Code, from the Director of Defense
Logistics Agency to the Under Secretary of Defense for
Acquisition and Sustainment, as required by subsection (a).
(c) Annual Budget Justification Documents.--The Secretary
of Defense shall submit to Congress, as a part of the defense
budget materials (as defined in section 234(d) of title 10,
United States Code) for fiscal year 2021 and each fiscal year
thereafter, a budget justification display that includes the
procurement technical assistance cooperative agreement
program under chapter 142 of title 10, United States Code, as
part of the budget justification for Operation and
Maintenance, Defense-wide for the Office of the Secretary of
Defense.
SEC. 853. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE
MANUFACTURED IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Additional Procurement Limitation.--Section 2534(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(6) Components for auxiliary ships.--Subject to
subsection (k), large medium-speed diesel engines.''.
(b) Implementation.--Such section is further amended by
adding at the end the following new subsection:
``(k) Implementation of Auxiliary Ship Component
Limitation.--Subsection (a)(6) applies only with respect to
contracts awarded by the Secretary of a military department
for new construction of an auxiliary ship after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020 using funds available for National Defense
Sealift Fund programs or Shipbuilding and Conversion, Navy.
For purposes of this subsection, the term `auxiliary ship'
does not include an icebreaker or a special mission ship.''.
SEC. 854. ADDITION OF DOMESTICALLY PRODUCED STAINLESS STEEL
FLATWARE AND DINNERWARE TO THE BERRY AMENDMENT.
(a) Addition of Domestically Produced Stainless Steel
Flatware and Dinnerware.--
(1) In general.--Section 2533a(b) of title 10, United
States Code, is amended by adding at the end the following
new paragraphs:
``(3) Stainless steel flatware.
``(4) Dinnerware.''.
(2) Applicability.--Paragraphs (3) and (4) of section
2533a(b) of title 10, United States Code, as added by
paragraph (1), shall apply with respect to contracts entered
into on or after the date occurring 1 year after the date of
the enactment of this Act.
(3) Repeal.--Effective September 30, 2023, such paragraphs
(3) and (4) are repealed.
(b) Report.--
(1) Report required.--Not later than October 1, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a report that provides a market survey,
cost assessment, description of national security
considerations, and a recommendation regarding whether the
procurement of dinnerware and stainless steel flatware should
be limited to sources in the United States.
(2) Contents.--The report required under paragraph (1)
shall include an analysis of the following with respect to
dinnerware and stainless steel flatware:
(A) The extent to which such items have commercial
applications.
(B) The number of such items to be procured by current
programs of record.
(C) The criticality of such items to a military unit's
mission accomplishment.
(D) The estimated cost and other considerations of
reconstituting the production capability of such items, if
not maintained in the United States.
(E) National security regulations or restrictions imposed
on such items that may not be imposed on such items if
provided by a competitor outside the United States.
(F) Federal, State, and local government regulations that
are not related to national security that are imposed on such
items that may not be imposed on a competitor outside the
United States.
(G) The extent to which such items is fielded in current
programs of record.
(H) The extent to which such items can be procured as and
when needed in satisfactory quality and sufficient quantity
at United States market prices.
(I) The benefits accrued to the Department of Defense and
the defense industrial base to procure such items from
sources outside the United States.
SEC. 855. APPLICATION OF MISCELLANEOUS TECHNOLOGY BASE
POLICIES AND PROGRAMS TO THE COLUMBIA-CLASS
SUBMARINE PROGRAM.
Notwithstanding subchapter V of chapter 148 of title 10,
United States Code (except for sections 2534, 2533a, and
2533b of such title), for a period of one year beginning on
the date of the enactment of this Act, the milestone decision
authority (as defined in section 2366a of title 10, United
States Code) for the Columbia-class submarine program shall
ensure that such program maintains the Acquisition Program
Baseline schedule dates approved under the Milestone B
approval (as defined in such section).
SEC. 856. APPLICATION OF LIMITATION ON PROCUREMENT OF GOODS
OTHER THAN UNITED STATES GOODS TO THE FFG-
FRIGATE PROGRAM.
Notwithstanding any other provision of law, amounts
authorized to carry out the FFG-Frigate Program may be used
to award a new contract that provides for the acquisition of
the following components regardless of whether those
components are manufactured in the United States:
(1) Auxiliary equipment (including pumps) for shipboard
services.
(2) Propulsion equipment (including engines, reduction
gears, and propellers).
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
SEC. 857. SENSE OF CONGRESS REGARDING CONSIDERATION OF PRICE
IN PROCUREMENT OF THE FFG(X) FRIGATE.
It is the sense of Congress that during fiscal year 2020,
in evaluating proposals for a contract to procure a FFG(X)
frigate, the Secretary of the Navy should ensure price is a
critical factor.
Subtitle F--Provisions Relating to Acquisition Workforce
SEC. 860. ESTABLISHMENT OF DEFENSE CIVILIAN TRAINING CORPS.
(a) In General.--Part III of subtitle A of title 10, United
States Code, is amended by inserting after chapter 112 the
following new chapter:
``CHAPTER 113--DEFENSE CIVILIAN TRAINING CORPS
``Sec. 2200g. Establishment.
``Sec. 2200h. Program elements.
``Sec. 2200i. Model authorities.
``Sec. 2200j. Definitions.
``SEC. 2200G. ESTABLISHMENT.
``For the purposes of preparing selected students for
public service in Department of Defense occupations relating
to acquisition, science, engineering, or other civilian
occupations determined by the Secretary of Defense, and to
target critical skill gaps in the Department of Defense, the
Secretary of Defense shall establish and maintain a Defense
Civilian Training Corps program, organized into one or more
units, at any accredited civilian educational institution
authorized to grant baccalaureate degrees.
``SEC. 2200H. PROGRAM ELEMENTS.
``In establishing the program, the Secretary of Defense
shall determine the following:
``(1) A methodology to identify and target critical skills
gaps in Department of Defense occupations relating to
acquisition, science, engineering, or other civilian
occupations determined by the Secretary of Defense.
``(2) A mechanism to track and report the success of the
program in eliminating any critical skills gaps identified
under paragraph (1).
``(3) Criteria for an accredited civilian educational
institution to participate in the program.
``(4) The eligibility of a student to become a member of
the program.
``(5) Criteria required for a member of the program to
receive financial assistance from the Department of Defense.
``(6) The term of service as an employee of the Department
of Defense required for a member of the program to receive
such financial assistance.
``(7) Criteria required for a member of the program to be
released from a term of service.
``(8) The method by which a successful graduate of the
program may gain immediate employment in the Department of
Defense.
``(9) Resources required for implementation of the program.
``SEC. 2200I. MODEL AUTHORITIES.
``In making determinations under section 2200h of this
title, the Secretary of Defense shall use the authorities
under chapters 103 and 111 of this title as guides.
``SEC. 2200J. DEFINITIONS.
``In this chapter:
``(1) The term `program' means the Defense Civilian
Training Corps program established under section 2200g.
``(2) The term `member of the program' means a student at
an accredited civilian educational institution who is
enrolled in the program.''.
(b) Implementation Timeline.--
(1) Initial implementation.--Not later than February 15,
2020, the Secretary of Defense shall submit to the
congressional defense committees a plan and schedule to
implement the Defense Civilian Training Corps program
established under chapter 113 of title 10, United States Code
(as added by subsection (a)) at one accredited civilian
educational institution authorized to grant baccalaureate
degrees not later than August 1, 2021. The plan shall include
a list of critical skills gaps the program will address and
recommendations for any legislative changes required for
effective implementation of the program.
(2) Expansion.--Not later than December 31, 2020, the
Secretary of Defense shall submit to the congressional
defense committees an expansion plan and schedule to expand
the Defense Civilian Training Corps program to five
accredited civilian educational institutions not later than
August 1, 2022.
(3) Full implementation.--Not later than December 31, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a full implementation plan and schedule to
expand the Defense Civilian Training Corps program to at
least 20 accredited civilian educational institutions with
not fewer than 400 members enrolled in the program not later
than August 1, 2023.
SEC. 861. DEFENSE ACQUISITION WORKFORCE CERTIFICATION,
EDUCATION, AND CAREER FIELDS.
(a) Professional Certification Requirement.--
[[Page H9481]]
(1) Professional certification required for all acquisition
workforce personnel.--Section 1701a of title 10, United
States Code, is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Professional Certification.--(1) In General.--The
Secretary of Defense shall implement a certification program
to provide for a professional certification requirement for
all members of the acquisition workforce. Except as provided
in paragraph (2), the certification requirement for any
acquisition workforce career field shall be based on
standards developed by a third-party accredited program based
on nationally or internationally recognized standards.
``(2) Requirements for Secretary.--If the Secretary
determines that, for a particular acquisition workforce
career field, a third-party accredited program based on
nationally or internationally recognized standards does not
exist, the Secretary shall establish the certification
requirement for that career field that conforms with the
practices of national or international accrediting
organizations. The Secretary shall determine the best
approach for meeting the certification requirement for any
such career field, including by implementing such
certification requirement through entities outside the
Department of Defense, and may design and implement such
certification requirement without regard to section 1746 of
this title.''.
(2) Performance management.--Subsection (b) of such section
is amended--
(A) in paragraph (5), by striking ``encourage'' and
inserting ``direct''; and
(B) in paragraph (6), by inserting ``and consequences''
after ``warnings''.
(3) Participation in professional associations.--Subsection
(b) of such section is further amended--
(A) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (7), (8), (9), and (10), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph:
``(6) authorize a member of the acquisition workforce to
participate in professional associations, consistent with the
performance plan of such a member in order to provide the
member with the opportunity to gain leadership and management
skills.''.
(4) General education, training, and experience
requirements.--Section 1723 of such title is amended--
(A) in subsection (a)(3), by striking the second sentence;
and
(B) in subsection (b)(1), by striking ``encourage'' and
inserting ``direct''.
(5) Effective date.--The Secretary of Defense shall
implement procedures to institute the program required by
subsection (c) of section 1701a of title 10, United States
Code, as added by paragraph (1), not later than 180 days
after the date of the enactment of this Act.
(b) Elimination of Statutory Requirement for Completion of
24 Semester Credit Hours.--
(1) Qualification requirements for contracting positions.--
Section 1724 of title 10, United States Code, is amended--
(A) in subsection (a)(3)--
(i) by striking ``(A)'' after ``(3)''; and
(ii) by striking ``, and (B)'' and all that follows through
``and management''; and
(B) in subsection (b), by striking ``requirements'' in the
first sentences of paragraphs (1) and (2) and inserting
``requirement'';
(C) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``requirements in subparagraphs (A) and (B)
of subsection (a)(3)'' and inserting ``requirement of
subsection (a)(3)''; and
(II) in subparagraph (C), by striking ``requirements'' and
inserting ``requirement''; and
(ii) in paragraph (2)--
(I) by striking ``shall have--'' and all that follows
through ``been awarded'' and inserting ``shall have been
awarded'';
(II) by striking ``; or'' and inserting a period; and
(III) by striking subparagraph (B); and
(D) in subsection (f), by striking ``, including--'' and
all that follows and inserting a period.
(2) Selection criteria and procedures.--Section 1732 of
such title is amended--
(A) in subsection (b)(1)--
(i) by striking ``Such requirements,'' and all the follows
through ``the person--'' and inserting ``Such requirements
shall include a requirement that the person--'';
(ii) by striking subparagraph (B); and
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and conforming the
margins accordingly;
(B) in subsection (c), by striking ``requirements of
subsections (b)(1)(A) and (b)(1)(B)'' in paragraphs (1) and
(2) and inserting ``requirement of subsection (b)(1)''; and
(C) in subsection (d)--
(i) by striking ``(1) Except as provided in paragraph
(2),''; and
(ii) by striking paragraph (2).
(c) Defense Acquisition University.--Section 1746 of title
10, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) The professors, instructors, and lecturers employed
under paragraph (1) shall include individuals from civilian
colleges or universities that are not owned or operated by
the Federal Government, commercial learning and development
organizations, industry, or federally funded research and
development centers.
``(3) The Secretary of Defense shall ensure that--
``(A) not later than September 1, 2021, not less than five
full-time visiting professors employed under paragraph (1)
are from civilian colleges or universities described under
paragraph (2); ; and
``(B) not later than September 1, 2022, not less than ten
full-time visiting professors employed under paragraph (1)
are from such civilian colleges or universities.''; and
(2) in subsection (c), by inserting ``, and with commercial
training providers,'' after ``military departments''.
(d) Designation of Security Cooperation as an Acquisition
Position.--Section 1721(b) of title 10, United States Code,
is amended--
(1) by amending paragraph (11) to read as follows:
``(11) Security cooperation.''; and
(2) by adding at the end the following new paragraph:
``(13) Other positions, as necessary.''.
(e) Career Paths.--
(1) Career path required for each acquisition workforce
career field.--Paragraph (4) of section 1701a(b) of title 10,
United States Code, is amended to read as follows:
``(4) develop and implement a career path, as described in
section 1722(a) of this title, for each career field
designated by the Secretary under section 1721(a) of this
title as an acquisition workforce career field;''.
(2) Conforming amendments.--Section 1722(a) of such title
is amended--
(A) by striking ``appropriate career paths'' and inserting
``an appropriate career path''; and
(B) by striking ``are identified'' and inserting ``is
identified for each acquisition workforce career field''.
(3) Deadline for implementation of career paths.--Not later
than the end of the two-year period beginning on the date of
the enactment of this Act, the Secretary of Defense shall
carry out the requirements of paragraph (4) of section
1701a(b) of title 10, United States Code (as amended by
paragraph (1)).
(f) Career Fields.--
(1) Designation of acquisition workforce career fields.--
Section 1721(a) of such title is amended by adding at the end
the following new sentence: ``The Secretary shall also
designate in regulations those career fields in the
Department of Defense that are acquisition workforce career
fields for purposes of this chapter.''.
(2) Clerical amendments.--(A) The heading of section 1721
of such title is amended to read as follows:
``Sec. 1721. Designation of acquisition positions and
acquisition workforce career fields''.
(B) The item relating to such section in the table of
sections at the beginning of subchapter II of chapter 87 of
such title is amended to read as follows:
``1721. Designation of acquisition positions and acquisition workforce
career fields.''.
(3)(A) The heading of subchapter II of chapter 87 of such
title is amended to read as follows:
``subchapter ii--acquisition positions and acquisition workforce
career fields''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to
read as follows:
``II. Acquisition Positions And Acquisition Workforce Career1721''.....
(4) Deadline for designation of career fields.--Not later
than the end of the six-month period beginning on the date of
the enactment of this Act, the Secretary of Defense shall
carry out the requirements of the second sentence of section
1721(a) of title 10, United States Code (as added by
paragraph (1)).
(g) Key Work Experiences.--
(1) Development of key work experiences for each
acquisition workforce career field.--Section 1722b of such
title is amended by adding at the end the following new
subsection:
``(c) Key Work Experiences.--In carrying out subsection
(b)(2), the Secretary shall ensure that key work experiences,
in the form of multidisciplinary experiences, are developed
for each acquisition workforce career field.''.
(2) Plan for implementation of key work experiences.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a plan identifying the
specific actions the Secretary has taken, and is planning to
take, to develop and establish key work experiences for each
acquisition workforce career field as required by subsection
(c) of section 1722b of title 10, United States Code (as
added by paragraph (1)). The plan shall specify the
percentage of the acquisition workforce, or funds available
for administration of the acquisition workforce on an annual
basis, that the Secretary will dedicate towards developing
and establishing such key work experiences.
(h) Applicability of Career Path Requirements to All
Members of Acquisition Workforce.--Section 1723(b) of such
title is amended by striking ``the critical acquisition-
related''.
(i) Competency Development.--
(1) In general.--Subchapter V of chapter 87 of such title
is amended by adding at the end the following new section:
``Sec. 1765. Competency development
``For each acquisition workforce career field, the
Secretary of Defense shall--
``(1) establish, for the civilian personnel in that career
field, defined proficiency standards and technical and
nontechnical competencies which shall be used in personnel
qualification assessments; and
``(2) assign resources to accomplish such technical and
nontechnical competencies.''.
[[Page H9482]]
(2) The table of sections at the beginning of such
subchapter II is amended by adding at the end the following
new item:
``1765. Competency development.''.
(3) Deadline for implementation.--Not later than the end of
the two-year period beginning on the date of the enactment of
this Act, the Secretary of Defense shall carry out the
requirements of section 1765 of title 10, United States Code
(as added by paragraph (1)).
(j) Termination of Defense Acquisition Corps.--
(1) The Acquisition Corps for the Department of Defense
referred to in section 1731(a) of title 10, United States
Code, is terminated.
(2) Section 1733 of title 10, United States Code, is
amended--
(A) by striking subsection (a); and
(B) by redesignating subsection (b) as subsection (a).
(3) Subsection (b) of section 1731 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraph (2), and amended--
(A) by striking ``Acquisition Corps'' in the heading and
inserting ``the Acquisition Workforce''; and
(B) by striking ``selected for the Acquisition Corps'' and
inserting ``in the acquisition workforce''.
(4) Subsection (e) of section 1732 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraphs (2) and (3), redesignated as subsection
(c), and amended--
(A) by striking ``in the Acquisition Corps'' in paragraphs
(1) and (2) and inserting ``in critical acquisition
positions''; and
(B) by striking ``serving in the Corps'' in paragraph (2)
and inserting ``employment''.
(5) Sections 1731 and 1732 of such title are repealed.
(6)(A) Section 1733 of such title, as amended by paragraphs
(2), (3), and (4), is redesignated as section 1731.
(B) The table of sections at the beginning of subchapter
III of chapter 87 of such title is amended by striking the
items relating to sections 1731, 1732, and 1733 and inserting
the following new item:
``1731. Critical acquisition positions.''.
(7)(A) The heading of subchapter III of chapter 87 of such
title is amended to read as follows:
``subchapter iii--critical acquisition positions''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to
read as follows:
``III. Critical Acquisition Positions.......................1731''.....
(8) Section 1723(a)(2) of such title is amended by striking
``section 1733 of this title'' and inserting ``section 1731
of this title''.
(9) Section 1725 of such title is amended--
(A) in subsection (a)(1), by striking ``Defense Acquisition
Corps'' and inserting ``acquisition workforce''; and
(B) in subsection (d)(2), by striking ``of the Defense
Acquisition Corps'' and inserting ``in the acquisition
workforce serving in critical acquisition positions''.
(10) Section 1734 of such title is amended--
(A) by striking ``of the Acquisition Corps'' in subsections
(e)(1) and (h) and inserting ``of the acquisition
workforce''; and
(B) in subsection (g)--
(i) by striking ``of the Acquisition Corps'' in the first
sentence and inserting ``of the acquisition workforce'';
(ii) by striking ``of the Corps'' and inserting ``of the
acquisition workforce''; and
(iii) by striking ``of the Acquisition Corps'' in the
second sentence and inserting ``of the acquisition workforce
in critical acquisition positions''.
(11) Section 1737 of such title is amended--
(A) in subsection (a)(1), by striking ``of the Acquisition
Corps'' and inserting ``of the acquisition workforce''; and
(B) in subsection (b), by striking ``of the Corps'' and
inserting ``of the acquisition workforce''.
(12) Section 1742(a)(1) of such title is amended by
striking ``the Acquisition Corps'' and inserting
``acquisition positions in the Department of Defense''.
(13) Section 2228(a)(4) of such title is amended by
striking ``under section 1733(b)(1)(C) of this title'' and
inserting ``under section 1731 of this title''.
(14) Section 7016(b)(5)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(15) Section 8016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(16) Section 9016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(17) Paragraph (1) of section 317 of title 37, United
States Code, is amended to read as follows:
``(1) is a member of the acquisition workforce selected to
serve in, or serving in, a critical acquisition position
designated under section 1731 of title 10.''.
SEC. 862. SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION
TRAINING AND MANAGEMENT PROGRAMS.
(a) Establishment of Software Development and Software
Acquisition Training and Management Programs.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment and in consultation with the Under Secretary of
Defense for Research and Engineering, the Under Secretary of
Defense for Personnel and Readiness, and the Chief
Information Officer of the Department of Defense, shall
establish software development and software acquisition
training and management programs for all software acquisition
professionals, software developers, and other appropriate
individuals (as determined by the Secretary of Defense), to
earn a certification in software development and software
acquisition.
(2) Program contents.--The programs established under
paragraph (1) shall--
(A) develop and expand the use of specialized training
programs for chief information officers of the military
departments and the Defense Agencies, service acquisition
executives, program executive officers, and program managers
to include training on and experience in--
(i) continuous software development; and
(ii) acquisition pathways available to acquire software;
(B) ensure that appropriate program managers--
(i) have demonstrated competency in current software
processes;
(ii) have the skills to lead a workforce that can quickly
meet challenges, use software tools that prioritize
continuous or frequent upgrades as such tools become
available, take up opportunities provided by new innovations,
and plan software activities in short iterations to learn
from risks of software testing; and
(iii) have the experience and training to delegate
technical oversight and execution decisions; and
(C) include continuing education courses, exchanges with
private-sector organizations, and experiential training to
help individuals maintain skills learned through the
programs.
(b) Reports.--
(1) Reports required.--The Secretary shall submit to the
congressional defense committees--
(A) not later than 90 days after the date of the enactment
of this Act, an initial report; and
(B) not later than one year after the date of the enactment
of this Act, a final report.
(2) Contents.--Each report required under paragraph (1)
shall include--
(A) the status of implementing the software development and
software acquisition training and management programs
established under subsection (a)(1);
(B) a description of the requirements for certification,
including the requirements for competencies in current
software processes;
(C) a description of potential career paths in software
development and software acquisition within the Department of
Defense;
(D) an independent assessment conducted by the Defense
Innovation Board of the progress made on implementing the
programs established under subsection (a)(1); and
(E) any recommendations for changes to existing law to
facilitate the implementation of the programs established
under subsection (a)(1).
(c) Definitions.--In this section:
(1) Program executive officer; program manager.--The terms
``program executive officer'' and ``program manager'' have
the meanings given those terms, respectively, in section 1737
of title 10, United States Code.
(2) Service acquisition executive.--The terms ``military
department'', ``Defense Agency'', and ``service acquisition
executive'' have the meanings given those terms,
respectively, in section 101 of title 10, United States Code.
(3) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given in
section 2430 of title 10, United States Code.
(4) Defense business system.--The term ``defense business
system'' has the meaning given in section 2222(i)(1) of title
10, United States Code.
SEC. 863. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT
OF DEFENSE EMPLOYEES TO A PRIVATE-SECTOR
ORGANIZATION.
(a) Public-private Talent Exchange Program.--Section 1599g
of title 10, United States Code, is amended by adding at the
end the following new subsections:
``(i) Conflicts of Interest.--A private-sector organization
that is temporarily assigned a member of the acquisition
workforce under this section shall not be considered to have
a conflict of interest with the Department of Defense solely
because of participation in the program established under
this section.
``(j) Funding; Use of Defense Acquisition Workforce
Development Fund.--Funds for the expenses for the program
established under this section may be provided from amounts
in the Department of Defense Acquisition Workforce
Development Fund. Expenses for the program include--
``(1) notwithstanding section 1705(e)(5) of this title, the
base salary of a civilian member of the acquisition workforce
assigned to a private-sector organization under this section,
during the period of that assignment;
``(2) expenses relating to assignment under this section of
a member of the acquisition workforce away from the member's
regular duty station, including expenses for travel, per
diem, and lodging; and
``(3) expenses for the administration of the program.''.
(b) Use of Defense Acquisition Workforce Development
Fund.--Section 1705(e)(1) of such title is amended by adding
at the end the following new subparagraph:
``(C) Amounts in the Fund may be used to pay the expenses
of the public-private talent exchange program established
under section 1599g of this title.''.
SEC. 864. INCENTIVES AND CONSIDERATION FOR QUALIFIED TRAINING
PROGRAMS.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2409 the
following new section:
``Sec. 2409a. Incentives and consideration for qualified
training programs
``(a) Incentives.--The Secretary of Defense shall develop
workforce development investment incentives for a contractor
that implements a
[[Page H9483]]
qualified training program to develop the workforce of the
contractor in a manner consistent with the needs of the
Department of Defense.
``(b) Consideration of Qualified Training Programs.--The
Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require
that the system used by the Federal Government to monitor or
record contractor past performance includes an analysis of
the availability, quality, and effectiveness of a qualified
training program of an offeror as part of the past
performance rating of such offeror.
``(c) Qualified Training Program Defined.--The term
`qualified training program' means any of the following:
``(1) A program eligible to receive funds under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
``(2) A program eligible to receive funds under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.).
``(3) A program registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; Stat.
664, chapter 663; 29 U.S.C. 50 et seq.).
``(4) Any other program determined to be a qualified
training program for purposes of this section, and that meets
the workforce needs of the Department of Defense, as
determined by the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2409 the following new item:
``2409a. Incentives and consideration for qualified training
programs.''.
SEC. 865. USE OF QUALIFIED APPRENTICES BY MILITARY
CONSTRUCTION CONTRACTORS.
(a) Use of Qualified Apprentices by Military Construction
Contractors.
(1) In general.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2870. Use of qualified apprentices by military
construction contractors
``(a) Certification Required.--The Secretary of Defense
shall require each offeror for a contract for a military
construction project to certify to the Secretary that, if
awarded such a contract, the offeror will--
``(1) establish a goal that not less than 20 percent of the
total workforce employed in the performance of such a
contract are qualified apprentices; and
``(2) make a good faith effort to meet or exceed such goal.
``(b) Incentives.--The Secretary of Defense shall develop
incentives for offerors for a contract for military
construction projects to meet or exceed the goal described in
subsection (a).
``(c) Consideration of Use of Qualified Apprentices.--The
Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require
that the system used by the Federal Government to monitor or
record contractor past performance includes an analysis of
whether the contractor has made a good faith effort to meet
or exceed the goal described in subsection (a), including
consideration of the actual number of qualified apprentices
used by the contractor on the contract, as part of the past
performance rating of such contractor.
``(d) Qualified Apprentice Defined.--In this section, the
term `qualified apprentice' means an employee participating
in an apprenticeship program that is--
``(1) registered with the Office of Apprenticeship of the
Employment Training Administration of the Department of Labor
pursuant to the Act of August 16, 1937 (popularly known as
the `National Apprenticeship Act'; 29 U.S.C. 50 et seq.);
``(2) registered with a State apprenticeship agency
recognized by such Office of Apprenticeship pursuant to such
Act; or
``(3) determined to be a high-quality apprenticeship
program by industry and the Secretary of Labor.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new item:
``2870. Use of qualified apprentices by military construction
contractors.''.
(b) Applicability.--The amendments made by this section
shall apply with respect to contracts awarded on or after the
date that is 180 days after the date of the enactment of this
Act.
Subtitle G--Small Business Matters
SEC. 870. REQUIREMENTS RELATING TO CREDIT FOR CERTAIN SMALL
BUSINESS CONCERN SUBCONTRACTORS.
(a) Credit for Certain Small Business Concern
Subcontractors.--Section 8(d)(16) of the Small Business Act
(15 U.S.C. 637(d)) is amended to read as follows:
``(16) Credit for certain small business concern
subcontractors.--
``(A) In general.--For purposes of determining whether or
not a prime contractor has attained the percentage goals
specified in paragraph (6)--
``(i) if the subcontracting goals pertain only to a single
contract with a Federal agency, the prime contractor may
elect to receive credit for small business concerns
performing as first tier subcontractors or subcontractors at
any tier pursuant to the subcontracting plans required under
paragraph (6)(D) in an amount equal to the total dollar value
of any subcontracts awarded to such small business concerns;
and
``(ii) if the subcontracting goals pertain to more than one
contract with one or more Federal agencies, or to one
contract with more than one Federal agency, the prime
contractor may only receive credit for first tier
subcontractors that are small business concerns.
``(B) Collection and review of data on subcontracting
plans.--The head of each contracting agency shall ensure that
the agency--
``(i) collects and reports data on the extent to which
prime contractors of the agency meet the goals and objectives
set forth in subcontracting plans submitted pursuant to this
subsection; and
``(ii) periodically reviews data collected and reported
pursuant to clause (i) for the purpose of ensuring that such
contractors comply in good faith with the requirements of
this subsection.
``(C) Rule of construction.--Nothing in this paragraph
shall be construed to allow a Federal agency to establish a
goal for an number of subcontracts with a subcontractor at
any tier for a prime contractor otherwise eligible to receive
credit under this paragraph.''.
(b) Maintenance of Records With Respect to Credit Under a
Subcontracting Plan.--Section 8(d)(6) of the Small Business
Act (15 U.S.C. 637(d)(6)) is amended--
(1) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively (and conforming the
margins accordingly); and
(2) by inserting after subparagraph (F) the following new
subparagraph:
``(G) a recitation of the types of records the successful
offeror or bidder will maintain to demonstrate that
procedures have been adopted to substantiate the credit the
successful offeror or bidder will elect to receive under
paragraph (16)(A);''.
SEC. 871. INCLUSION OF BEST IN CLASS DESIGNATIONS IN ANNUAL
REPORT ON SMALL BUSINESS GOALS.
Section 15(h) of the Small Business Act (15 U.S.C. 644(h))
is amended by adding at the end the following new paragraph:
``(4) Best in class small business participation
reporting.--
``(A) Addendum.--In addition to the requirements under
paragraph (2) and for each best in class designation, the
Administrator shall include in the report required by such
paragraph--
``(i) the total amount of spending Governmentwide in such
designation; and
``(ii) the number of small business concerns awarded
contracts and the dollar amount of such contracts awarded
within each such designation to each of the following--
``(I) qualified HUBZone small business concerns;
``(II) small business concerns owned and controlled by
women;
``(III) small business concerns owned and controlled by
service-disabled veterans; and
``(IV) small business concerns owned and controlled by
socially and economically disadvantaged individuals.
``(B) Best in class defined.--The term `best in class' has
the meaning given such term by the Director of the Office of
Management and Budget.
``(C) Effective date.--The Administrator shall report on
the information described by subparagraph (A) beginning on
the date that such information is available in the Federal
Procurement Data System, the System for Award Management, or
any successor to such systems.''.
SEC. 872. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF
DEFENSE MENTOR-PROTEGE PROGRAM.
(a) Reauthorization.--
(1) In general.--Subsection (j) of section 831 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(A) in paragraph (1), by striking ``September 30, 2018''
and inserting ``September 30, 2024''; and
(B) in paragraph (2), by striking ``September 30, 2021''
and inserting ``September 30, 2026''.
(2) Program participation term.--Subsection (e)(2) of such
section is amended by striking ``three years'' each place
such term appears and inserting ``two years''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date on which the Secretary of
Defense submits to Congress the small business strategy
required under section 2283 of title 10, United States Code.
The Secretary of Defense shall notify the Law Revision
Counsel of the House of Representatives of the submission of
the strategy so that the Law Revision Counsel may execute the
amendments made by this subsection.
(b) Office of Small Business Programs Oversight.--Section
831 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Establishment of Performance Goals and Periodic
Reviews.--The Office of Small Business Programs of the
Department of Defense shall--
``(1) establish performance goals consistent with the
stated purpose of the Mentor-Protege Program and outcome-
based metrics to measure progress in meeting those goals; and
``(2) submit to the congressional defense committees, not
later than February 1, 2020, a report on progress made toward
implementing these performance goals and metrics, based on
periodic reviews of the procedures used to approve mentor-
protege agreements.''.
(c) Modification of Disadvantaged Small Business Concern
Definition.--Paragraph (2) of section 831(o) of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note), as redesignated by subsection
(b)(1), is amended in the matter preceding subparagraph (A)
by striking ``has less than half the size standard
corresponding to its primary North American Industry
Classification System code'' and inserting ``is not more than
[[Page H9484]]
the size standard corresponding to its primary North American
Industry Classification System code''.
(d) Independent Report on Program Effectiveness.--The
Secretary of Defense shall direct the Defense Business Board
to submit, not later than March 31, 2022, to the
congressional defense committees a report evaluating the
effectiveness of the Mentor-Protege Program established under
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note),
including recommendations for improving the program in terms
of performance metrics, forms of assistance, and overall
program effectiveness.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until
September 30, 2024, the Secretary of Defense shall submit to
the congressional defense committees a report on the Mentor-
Protege Program established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) that describes--
(1) each mentor-protege agreement entered into under such
section, disaggregated by the type of disadvantaged small
business concern (as defined in subsection (o) of such
section) receiving assistance pursuant to such an agreement;
(2) the type of assistance provided to protege firms (as
defined in such subsection) under each such agreement;
(3) the benefits provided to mentor firms (as defined in
such subsection) under each such agreement; and
(4) the progress of protege firms under each such agreement
with respect to competing for Federal prime contracts and
subcontracts.
SEC. 873. ACCELERATED PAYMENTS APPLICABLE TO CONTRACTS WITH
CERTAIN SMALL BUSINESS CONCERNS UNDER THE
PROMPT PAYMENT ACT.
Section 3903(a) of title 31, United States Code, is
amended--
(1) in paragraph (1)(B), by inserting ``except as provided
in paragraphs (10) and (11),'' before ``30 days'';
(2) in paragraph (8), by striking ``and'';
(3) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(10) for a prime contractor (as defined in section
8701(5) of title 41) that is a small business concern (as
defined under section 3 of the Small Business Act (15 U.S.C.
632)), to the fullest extent permitted by law, require that
the head of an agency establish an accelerated payment date
with a goal of 15 days after a proper invoice for the amount
due is received if a specific payment date is not established
by contract; and
``(11) for a prime contractor (as defined in section
8701(5) of title 41) that subcontracts with a small business
concern (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)), to the fullest extent permitted by law,
require that the head of an agency establish an accelerated
payment date with a goal of 15 days after a proper invoice
for the amount due is received if--
``(A) a specific payment date is not established by
contract; and
``(B) such prime contractor agrees to make payments to such
subcontractor in accordance with such accelerated payment
date, to the maximum extent practicable, without any further
consideration from or fees charged to such subcontractor.''.
SEC. 874. POSTAWARD EXPLANATIONS FOR UNSUCCESSFUL OFFERORS
FOR CERTAIN CONTRACTS.
Not later than 180 days after the date of the enactment of
this Act, the Federal Acquisition Regulation shall be revised
to require that with respect to an offer for a task order or
delivery order in an amount greater than the simplified
acquisition threshold (as defined in section 134 of title 41,
United States Code) and less than or equal to $5,500,000
issued under an indefinite delivery-indefinite quantity
contract, the contracting officer for such contract shall,
upon written request from an unsuccessful offeror, provide a
brief explanation as to why such offeror was unsuccessful
that includes a summary of the rationale for the award and an
evaluation of the significant weak or deficient factors in
the offeror's offer.
SEC. 875. SMALL BUSINESS CONTRACTING CREDIT FOR
SUBCONTRACTORS THAT ARE PUERTO RICO BUSINESSES
OR COVERED TERRITORY BUSINESSES.
Section 15(x) of the Small Business Act (15 U.S.C.
644(x)(1)) is amended--
(1) in the subsection heading, by adding ``and Covered
Territory Businesses'' after ``Puerto Rico Businesses'';
(2) in paragraph (1)--
(A) by inserting ``or a covered territory business, or a
prime contractor awards a subcontract (at any tier) to a
subcontractor that is a Puerto Rico business or a covered
territory business,'' after ``Puerto Rico business'';
(B) by inserting ``or subcontract'' after ``the contract'';
and
(C) by striking ``subsection (g)(1)(A)(i)'' and inserting
``subsection (g)(1)(A)''; and
(3) by adding at the end the following new paragraph:
``(3) Covered territory business defined.--In this
subsection, the term `covered territory business' means a
small business concern that has its principal office located
in one of the following:
``(A) The United States Virgin Islands.
``(B) American Samoa.
``(C) Guam.
``(D) The Northern Mariana Islands.''.
SEC. 876. TECHNICAL AMENDMENT REGARDING TREATMENT OF CERTAIN
SURVIVING SPOUSES UNDER THE DEFINITION OF SMALL
BUSINESS CONCERN OWNED AND CONTROLLED BY
SERVICE-DISABLED VETERANS.
Effective on the date specified in subsection (e) of
section 1832 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2660),
section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q))
is amended--
(1) in subparagraph (C)(i)(II), by striking ``rated as 100
percent'' and all that follows through ``service-connected
disability''; and
(2) by amending subparagraph (C)(ii)(III) to read as
follows:
``(III) the date that--
``(aa) in the case of a surviving spouse of a veteran with
a service-connected disability rated as 100 percent disabling
or who dies as a result of a service-connected disability, is
10 years after the date of the death of the veteran; or
``(bb) in the case of a surviving spouse of a veteran with
a service-connected disability rated as less than 100 percent
disabling who does not die as a result of a service-connected
disability, is 3 years after the date of the death of the
veteran.''.
SEC. 877. EXTENSION OF LOAN ASSISTANCE AND DEFERRAL
ELIGIBILITY TO RESERVISTS AND MEMBERS OF THE
NATIONAL GUARD BEYOND PERIODS OF MILITARY
CONFLICT.
(a) Small Business Act Amendments.--Section 7 of the Small
Business Act (15 U.S.C. 636) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (A)--
(i) by striking clause (ii);
(ii) by redesignating clause (i) as clause (ii);
(iii) by inserting before clause (ii), as so redesignated,
the following:
``(i) the term `active service' has the meaning given that
term in section 101(d)(3) of title 10, United States Code;'';
and
(iv) in clause (ii), as so redesignated, by adding ``and''
at the end;
(B) in subparagraph (B), by striking ``being ordered to
active military duty during a period of military conflict''
and inserting ``being ordered to perform active service for a
period of more than 30 consecutive days'';
(C) in subparagraph (C), by striking ``active duty'' each
place it appears and inserting ``active service''; and
(D) in subparagraph (G)(ii)(II), by striking ``active
duty'' and inserting ``active service''; and
(2) in subsection (n)--
(A) in the subsection heading, by striking ``Active Duty''
and inserting ``Active Service'';
(B) in paragraph (1)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(iii) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Active service.--The term `active service' has the
meaning given that term in section 101(d)(3) of title 10,
United States Code.'';
(iv) in subparagraph (B), as so redesignated, by striking
``ordered to active duty during a period of military
conflict'' and inserting ``ordered to perform active service
for a period of more than 30 consecutive days''; and
(v) in subparagraph (D), by striking ``active duty'' each
place it appears and inserting ``active service''; and
(C) in paragraph (2)(B), by striking ``active duty'' each
place it appears and inserting ``active service''.
(b) Applicability.--The amendments made by subsection
(a)(1) shall apply to an economic injury suffered or likely
to be suffered as the result of an essential employee being
ordered to perform active service (as defined in section
101(d)(3) of title 10, United States Code) for a period of
more than 30 consecutive days who is discharged or released
from such active service on or after the date of enactment of
this Act.
(c) Semiannual Report.--Not later than 180 days after the
date of enactment of this Act, and semiannually thereafter,
the President shall submit to the Committee on Small Business
and Entrepreneurship and the Committee on Appropriations of
the Senate and the Committee on Small Business and the
Committee on Appropriations of the House of Representatives a
report on the number of loans made under the Military
Reservist Economic Injury Disaster Loan program and the
dollar volume of those loans. The report shall contain the
subsidy rate of the disaster loan program as authorized under
section 7(b) of the Small Business Act (15 U.S.C. 636(b))
with the loans made under the Military Reservist Economic
Injury Disaster Loan program and without those loans
included.
(d) Technical and Conforming Amendment.--Section 8(l) of
the Small Business Act (15 U.S.C. 637(l)) is amended--
(1) by striking ``The Administration'' and inserting the
following:
``(1) In general.--The Administration'';
(2) by striking ``(as defined in section 7(n)(1))''; and
(3) by adding at the end the following:
``(2) Definition of period of military conflict.--In this
subsection, the term `period of military conflict' means--
``(A) a period of war declared by the Congress;
``(B) a period of national emergency declared by the
Congress or by the President; or
``(C) a period of a contingency operation, as defined in
section 101(a) of title 10, United States Code.''.
SEC. 878. MODIFICATION TO THE DEFENSE RESEARCH AND
DEVELOPMENT RAPID INNOVATION PROGRAM.
(a) Types of Awards; Award Size; Limitation on Certain
Awards.--Section 2359a of title 10, United States Code, is
amended--
(1) in subsection (a)(1), by inserting ``phase II Small
Business Technology Transfer Program projects,'' after
``projects,'';
[[Page H9485]]
(2) in subsection (b)--
(A) in paragraph (3), by striking ``$3,000,000'' and all
that follows through the period at the end and inserting
``$6,000,000.''; and
(B) by adding at the end the following new paragraph:
``(7) A preference under the program for funding small
business concerns.''; and
(3) in subsection (d)--
(A) by striking ``Subject to'' and inserting ``(1) Subject
to'';
(B) in paragraph (1), as so designated, by inserting ``and
to the limitation under paragraph (2)'' after ``for such
purpose''; and
(C) by adding at the end the following new paragraph:
``(2) During any fiscal year, the total amount of awards in
an amount greater than $3,000,000 made under the program
established under subsection (a) may not exceed 25 percent of
the amount made available to carry out such program during
such fiscal year.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
program established under section 2359a(a) of title 10,
United States Code (commonly known as the ``Defense Research
and Development Rapid Innovation Program''), which shall
include--
(1) with respect to the two fiscal years preceding the
submission of the report--
(A) a description of the total number of proposals funded
under the program;
(B) the percent of funds made available under the program
for phase II Small Business Innovation Research Program
projects (as defined under section 9 of the Small Business
Act (15 U.S.C. 638)); and
(C) a list of phase II Small Business Innovation Research
Program projects that received funding under the program that
were included in major defense acquisition programs (as
defined in section 2430 of title 10, United States Code) and
other defense acquisition programs that meet critical
national security needs; and
(2) an assessment on the effectiveness of the program in
stimulating innovative technologies, reducing acquisition or
lifecycle costs, addressing technical risk, and improving the
timeliness and thoroughness of test and evaluation outcomes.
SEC. 879. ALIGNMENT OF THE DEPARTMENT OF DEFENSE SMALL
BUSINESS INNOVATION RESEARCH PROGRAM AND SMALL
BUSINESS TECHNOLOGY TRANSFER PROGRAM WITH THE
NATIONAL DEFENSE SCIENCE AND TECHNOLOGY
STRATEGY.
The Secretary of Defense and Secretaries of the military
departments shall, to the extent practicable, align the
research topics selected for activities conducted under the
Small Business Innovation Research Program and Small Business
Technology Transfer Program (as defined under section 9 of
the Small Business Act (15 U.S.C. 638)) with the National
Defense Science and Technology Strategy developed under
section 218 of the John. S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679).
SEC. 880. ASSISTANCE FOR SMALL BUSINESS CONCERNS
PARTICIPATING IN THE SBIR AND STTR PROGRAMS.
(a) Definition of Senior Procurement Executive.--Section
9(e) of the Small Business Act (15 U.S.C. 638(e)) is
amended--
(1) in paragraph (12)(B), by striking ``and'' at the end;
(2) in paragraph (13)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(14) the term `senior procurement executive' means an
official designated under section 1702(c) of title 41, United
States Code, as the senior procurement executive of a Federal
agency participating in a SBIR or STTR program.''.
(b) Inclusion of Senior Procurement Executives in SBIR and
STTR.--
(1) In general.--Section 9(b) of the Small Business Act (15
U.S.C. 638(b)) is amended--
(A) in paragraph (8), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(10) to consult, where appropriate, with personnel from
the relevant Federal agency to assist small business concerns
participating in a SBIR or STTR program with commercializing
research developed under such a program before such small
business concern is awarded a contract from such Federal
agency.''.
(2) Technical amendment.--Section 9(b)(3) of the Small
Business Act (15 U.S.C. 638(b)(3)) is amended by striking
``and'' at the end.
(c) Modifications Relating to Procurement Center
Representatives and Other Acquisition Personnel.--
(1) SBIR amendment.--Section 9(j) of the Small Business Act
(15 U.S.C. 638(j)) is amended by adding at the end the
following new paragraph:
``(4) Modifications relating to procurement center
representatives.--Upon the enactment of this paragraph, the
Administrator shall modify the policy directives issued
pursuant to this subsection to require procurement center
representatives (as described in section 15(l)) to consult
with the appropriate personnel from the relevant Federal
agency, to assist small business concerns participating in
the SBIR program, particularly in Phase III.''.
(2) STTR amendment.--Section 9(p)(2) of the Small Business
Act (15 U.S.C. 638(p)(2)) is amended--
(A) in subparagraph (E)(ii), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(G) procedures to ensure that procurement center
representatives (as described in section 15(l))--
``(i) consult with the appropriate personnel from the
relevant Federal agency, to assist small business concerns
participating in the STTR program, particularly in Phase III;
``(ii) provide technical assistance to such concerns to
submit a bid for an award of a Federal contract; and
``(iii) consult with the appropriate personnel from the
relevant Federal agency in providing the assistance described
in clause (i).''.
(d) Amendment to Duties of Procurement Center
Representatives.--Section 15(l)(2) of the Small Business Act
(15 U.S.C. 644(l)(2)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) consult with the appropriate personnel from the
relevant Federal agency, to assist small business concerns
participating in a SBIR or STTR program under section 9 with
Phase III;''.
(e) Amendment to the Duties of the Director of Small and
Disadvantaged Business Utilization for Federal Agencies.--
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(21) shall consult with the appropriate personnel from
the relevant Federal agency to assist small business concerns
participating in a SBIR or STTR program under section 9 with
researching applicable solicitations for the award of a
Federal contract (particularly with the Federal agency that
has a funding agreement, as defined under section 9, with the
concern) to market the research developed by such concern
under such SBIR or STTR program.''.
SEC. 881. CYBERSECURITY TECHNICAL ASSISTANCE FOR SBIR AND
STTR PROGRAMS.
(a) In General.--The Secretary of Defense may enter into an
agreement with 1 or more vendors selected under section
9(q)(2) of the Small Business Act (15 U.S.C. 638(q)(2)) to
provide small business concerns engaged in SBIR or STTR
projects with cybersecurity technical assistance, such as
access to a network of cybersecurity experts and engineers
engaged in designing and implementing cybersecurity
practices.
(b) Amounts.--In carrying out subsection (a), the Secretary
of Defense may provide the amounts described under section
9(q)(3) of such Act (15 U.S.C. 638(q)(3)) to a recipient that
meets the eligibility requirements under the such paragraph,
if the recipient requests to seek cybersecurity technical
assistance from an individual or entity other than a vendor
selected as described in subsection (a).
SEC. 882. FUNDING FOR DEFENSE RESEARCH ACTIVITIES OF SMALL
BUSINESS CONCERNS.
Not later than March 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report
on funds or other assistance made available to small business
concerns (as defined under section 3 of the Small Business
Act (15 U.S.C. 632)) as prime contractors for research,
development, test, and evaluation activities, in each of
fiscal years 2017, 2018, and 2019 under any--
(1) research, development, test, and evaluation programs of
the Department of Defense;
(2) Small Business Innovation Research programs of the
Department of Defense;
(3) Small Business Technology Transfer programs of the
Department of Defense; and
(4) other relevant activities of the Department of Defense.
SEC. 883. MODIFICATIONS TO BUDGET DISPLAY REQUIREMENTS FOR
THE DEPARTMENT OF DEFENSE SMALL BUSINESS
INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM.
Section 857 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1891) is amended--
(1) in subsection (a)--
(A) by inserting ``Under Secretary of Defense (Comptroller)
and the'' before ``Under Secretary of Defense for Research
and Engineering''; and
(B) by striking ``a budget display'' and inserting ``one or
more budget displays'';
(2) in subsection (b), by striking ``The budget display''
and inserting ``The budget displays''; and
(3) in subsection (d), by striking ``The budget display''
and inserting ``The budget displays''.
SEC. 884. PILOT PROGRAM FOR DOMESTIC INVESTMENT UNDER THE
SBIR PROGRAM.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act and subject to subsection (b), the
Secretary of Defense shall establish and administer a program
to be known as the ``Domestic Investment Pilot Program''
under which the Secretary and the service acquisition
executive for each military department may make a SBIR award
under section 9(dd) of the Small Business Act (15 U.S.C. 638)
to a small business concern without providing the written
determination described under paragraph (2) of such section
9(dd) if such concern is--
(1) exclusively owned by multiple United States-owned
venture capital operating companies, hedge funds, or private
equity firms, or
(2) majority-owned by multiple United States-owned venture
capital operating companies,
[[Page H9486]]
hedge funds, or private equity firms, if the minority foreign
ownership of such concern is limited to members of the
national technology and industrial base as defined under
section 2500 of title 10, United States Code.
(b) Limitation.--During any fiscal year, the aggregate
amount of awards made under the Domestic Investment Pilot
Program shall not exceed an amount equal to 10 percent of the
total amount that the Secretary of Defense may award under
section 9 of the Small Business Act (15 U.S.C. 638) during
such fiscal year.
(c) Evaluation Criteria.--In carrying out the Domestic
Investment Pilot Program, the Secretary of Defense may not
use investment of venture capital or investment from hedge
funds or private equity firms as a criterion for the award of
contracts under the SBIR program or STTR program.
(d) Annual Reporting.--The Secretary of Defense shall
include as part of each annual report required under section
9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7))
information on the implementation of the Domestic Investment
Pilot Program with respect to the year covered by the report,
including--
(1) the number of applications for participation received
from small business concerns;
(2) the number of awards made to small business concerns,
including an identification of such concerns;
(3) the extent to which a small business concern
participant is foreign-owned, including an identification of
the foreign owners; and
(4) an assessment of the effect of the Domestic Investment
Pilot Program on--
(A) inducing additional venture capital, hedge fund, or
private equity funding of research as defined in section
9(e)(5) of the Small Business Act (15 U.S.C. 638(e)(5));
(B) substantially contributing to the mission of the
Department of Defense; and
(C) otherwise fulfilling the capital needs of small
business concerns for additional financing for SBIR projects.
(e) Notification.--The Secretary of Defense shall notify
the Small Business Administration of an award made under the
Domestic Investment Pilot Program not later than 30 days
after such award is made.
(f) Termination.--The Domestic Investment Pilot Program
established under this section shall terminate on September
30, 2022.
(g) Definitions.--In this section:
(1) Military department; service acquisition executive.--
The terms ``military department'' and ``service acquisition
executive'' have the meanings given those terms,
respectively, in section 101 of title 10, United States Code.
(2) SBIR; sttr.--The terms ``SBIR'' and ``STTR'' have the
meanings given those terms, respectively, in section 9(e) of
the Small Business Act (15 U.S.C. 638(e)).
(3) Small business act definitions.--The terms ``small
business concern'', ``venture capital operating company'',
``hedge fund'', and ``private equity firm'' have the meanings
given those terms, respectively, in section 3 of the Small
Business Act (15 U.S.C. 632).
Subtitle H--Other Matters
SEC. 885. REVIEW OF GUIDANCE TO CONTRACTORS ON
NONDISCRIMINATION ON THE BASIS OF SEX.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, serving as the senior
procurement executive for the Department of Defense pursuant
to section 133b(b)(4)(B) of title 10, United States Code,
shall conduct a review of the implementation of the
requirement for Government contracting agencies under
Executive Order 11246 (42 U.S.C. 2000e note) relating to
expectations of contractors and subcontractors to ensure
nondiscrimination on the basis of sex.
(b) Elements.--The review required under subsection (a)
shall, at a minimum, consider--
(1) existing contracting processes and tools for oversight
of contracts, including contractor responsibility
determinations and documentation of performance; and
(2) the extent to which best practices for contractors and
subcontractors identified in the appendix to part 60-20 of
title 41 of the Code of Federal Regulations, such as
establishing and implementing procedures for handling and
resolving complaints about harassment and intimidation based
on sex, have been incorporated in Department policies and
procedures.
(c) Updated Training Guidance.--Not later than 180 days
after the date of the completion of the review required under
subsection (a), the Under Secretary of Defense for
Acquisition and Sustainment shall update any relevant
training guidance for the acquisition workforce to account
for the conclusions of the review.
(d) Briefing Required.--Not later than December 15, 2020,
the Secretary of Defense shall brief the congressional
defense committees on the review required under subsection
(a), which shall include any updates to training guidance or
contracting procedures resulting from the review.
SEC. 886. COMPTROLLER GENERAL REPORT ON CONTRACTOR VIOLATIONS
OF CERTAIN LABOR LAWS.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report to Congress on the number of contractors--
(1) that performed a contract with the Department of
Defense during the five-year period preceding the date of the
enactment of this Act; and
(2) that have been found by the Department of Labor to have
committed willful or repeat violations of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and
the nature of the violations committed.
SEC. 887. COMPTROLLER GENERAL REPORT ON CONTINGENCY
CONTRACTING.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report on
the use of contractors to perform work supporting contingency
operations, including the logistical support for such
operations, since January 1, 2009. Such report shall
include--
(1) an evaluation of the nature and extent to which the
Department of Defense has used contractors to perform such
work, including the type of operation or exercise, the
functions performed by a contractor, the place of
performance, and contract obligations;
(2) an evaluation of the processes for tracking and
reporting on the use of such contractors;
(3) an evaluation of the extent to which recommendations
made by the Wartime Contracting Commission established in
section 841 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) have
been implemented in policy, guidance, education and training,
as appropriate; and
(4) any other issues the Comptroller General determines to
be appropriate.
SEC. 888. POLICIES AND PROCEDURES FOR CONTRACTORS TO REPORT
GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED
HUMAN RIGHTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
update Department of Defense policy and guidance and the
Department of Defense Supplement to the Federal Acquisition
Regulation to provide specific guidance to Department of
Defense employees and contractors performing a Department of
Defense contract that supports United States Armed Forces
deployed outside of the United States on monitoring and
reporting allegations of gross violations of internationally
recognized human rights.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, with the
concurrence of the Secretary of State, shall submit to the
appropriate congressional committees a report that
describes--
(1) the policies and procedures in place to obtain
information about possible cases of gross violations of
internationally recognized human rights from Department of
Defense contractors described in subsection (a), including
the methods for tracking cases; and
(2) the resources needed to investigate reports made
pursuant to subsection (a).
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given such term in
subsection (d)(1) of section 502B of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304).
SEC. 889. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF
CONTRACTORS PROVIDING PRIVATE SECURITY
FUNCTIONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report on efforts of the Secretary of Defense to
improve the oversight of contractors providing private
security functions to fulfill non-combat requirements for
security in contingency operations, humanitarian operations,
peacekeeping operations, or other similar operations or
exercises since January 1, 2009.
(b) Elements.--The report required under subsection (a)
shall evaluate--
(1) the nature and extent to which the Department of
Defense has used contractors to perform private security
functions described under subsection (a), including the type
of operation or exercise, the functions performed by a
contractor, the place of performance, and contract
obligations;
(2) the processes for tracking and reporting on the use of
such contractors;
(3) changes to law, regulation, and policy on the use of
such contractors and how the Secretary has implemented such
changes, including--
(A) the Montreux Document on Pertinent International Legal
Obligations and Good Practices for States Related to
Operations of Private Military and Security Companies During
Armed Conflict (published on May 2, 2011);
(B) using standards for such contractors issued by the
American National Standards Institute and the International
Organization for Standardization; and
(C) using other associated accreditation and certification
standards for such contractors; and
(4) the oversight outcomes of the Department due to
implementing the processes described in paragraph (2) and the
changes described in paragraph (3), including--
(A) progress with certification and accreditation of
companies;
(B) the use of the maturity model of the Department to
assess contractors; and
(C) the nature and extent of referrals for suspension and
debarment and the number of suspensions and debarments that
have resulted from such referrals.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, to the maximum
extent possible, but may contain a classified annex, if
necessary.
[[Page H9487]]
SEC. 890. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE
BUSINESS OPERATIONS WITH THE MADURO REGIME.
(a) Prohibition.--Except as provided under subsections (c),
(d), and (e), the Department of Defense may not enter into a
contract for the procurement of goods or services with any
person that has business operations with an authority of the
Government of Venezuela that is not recognized as the
legitimate Government of Venezuela by the United States
Government.
(b) Exceptions.--
(1) In general.--The prohibition under subsection (a) does
not apply to a contract that the Secretary of Defense and the
Secretary of State jointly determine--
(A) is necessary--
(i) for purposes of providing humanitarian assistance to
the people of Venezuela;
(ii) for purposes of providing disaster relief and other
urgent life-saving measures; or
(iii) to carry out noncombatant evacuations; or
(B) is vital to the national security interests of the
United States.
(2) Notification requirement.--The Secretary of Defense
shall notify the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate of any
contract entered into on the basis of an exception provided
for under paragraph (1).
(c) Office of Foreign Assets Control Licenses.--The
prohibition in subsection (a) shall not apply to a person
that has a valid license to operate in Venezuela issued by
the Office of Foreign Assets Control of the Department of the
Treasury.
(d) American Diplomatic Mission in Venezuela.--The
prohibition in subsection (a) shall not apply to contracts
related to the operation and maintenance of the United States
Government's consular offices and diplomatic posts in
Venezuela.
(e) Definitions.--In this section:
(1) Business operations.--The term ``business operations''
means engaging in commerce in any form, including acquiring,
developing, maintaining, owning, selling, possessing,
leasing, or operating equipment, facilities, personnel,
products, services, personal property, real property, or any
other apparatus of business or commerce.
(2) Government of venezuela.--The term ``Government of
Venezuela'' includes the government of any political
subdivision of Venezuela, and any agency or instrumentality
of the Government of Venezuela. For purposes of this
paragraph, the term ``agency or instrumentality of the
Government of Venezuela'' means an agency or instrumentality
of a foreign state as defined in section 1603(b) of title 28,
United States Code, with each reference in such section to
``a foreign state'' deemed to be a reference to
``Venezuela''.
(3) Person.--The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development institution
(as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A) or (B).
(f) Applicability.--This section shall apply with respect
to any contract entered into on or after the date of the
enactment of this section.
SEC. 891. REPORT ON THE COMBATING TRAFFICKING IN PERSONS
INITIATIVE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an
analysis of the progress of the Department of Defense in
implementing the Combating Trafficking in Persons initiative
described in Department of Defense Instruction 2200.01
(published February 2007; revised on June 21, 2019).
SEC. 892. IMPROVED MANAGEMENT OF INFORMATION TECHNOLOGY AND
CYBERSPACE INVESTMENTS.
(a) Improved Management.--
(1) In general.--The Chief Information Officer of the
Department of Defense shall work with the Chief Data Officer
of the Department of Defense to optimize the Department's
process for accounting for, managing, and reporting its
information technology and cyberspace investments. The
optimization should include alternative methods of presenting
budget justification materials to the public and
congressional staff to more accurately communicate when, how,
and with what frequency capability is delivered to end users,
in accordance with best practices for managing and reporting
on information technology investments.
(2) Briefing.--Not later than February 3, 2020, the Chief
Information Officer of the Department of Defense shall brief
the congressional defense committees on the process
optimization undertaken pursuant to paragraph (1), including
any recommendations for legislation.
(b) Delivery of Information Technology Budget.--The
Secretary of Defense shall submit to the congressional
defense committees the Department of Defense budget request
for information technology not later than 15 days after the
submittal to Congress of the budget of the President for a
fiscal year pursuant to section 1105 of title 31, United
States Code.
SEC. 893. MODIFICATION TO REQUIREMENTS FOR PURCHASE OF
COMMERCIAL LEASING SERVICES PURSUANT TO
MULTIPLE AWARD CONTRACTS.
(a) Repeal.--Section 877 of the John S. McCain National
Defense Authorization Act For Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1907; 41 U.S.C. 3302 note) is repealed.
(b) Exemption for Commercial Leasing Services.--
(1) In general.--Section 3302 of title 41, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Commercial Leasing Services.--The regulations
required by subsection (b) shall not apply to individual
purchases for commercial leasing services that are made on a
no cost basis and made under a multiple award contract
awarded in accordance with the requirements for full and open
competition.''.
(2) Termination.--Effective December 31, 2025, subsection
(f) of section 3302 of title 41, United States Code, as added
by paragraph (1), is repealed.
(c) Audit.--The Comptroller General of the United States
shall--
(1) conduct an audit not later than the last day of fiscal
year 2021, 2023, and 2025 analyzing the National Broker
Contract program of the General Services Administration to
determine--
(A) whether brokers selected under the program provide
lower lease rental rates than rates negotiated by employees
of the General Services Administration; and
(B) the impact of the program on the length of time of
lease procurements;
(2) conduct a review of whether the application of section
863 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417; 122 Stat.4547)
resulted in rental cost savings for the Government during the
years in which such section was applicable; and
(3) not later than September 30, 2022, and September 30,
2024, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that--
(A) summarizes the results of the most recent audit
required under paragraph (1) and the review required by
paragraph (2);
(B) includes an assessment of whether the National Broker
Contract program provides greater efficiencies and savings
than the use of employees of the General Services
Administration; and
(C) includes recommendations for improving General Services
Administration lease procurements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Headquarters activities of the Department of Defense matters.
Sec. 902. Clarifying the roles and responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and
the Under Secretary of Defense for Research and
Engineering.
Sec. 903. Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and
related matters.
Sec. 904. Assessments of responsibilities and authorities of the Chief
Management Officer of the Department of Defense.
Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal
Cyber Advisor.
Sec. 906. Exclusion from limitations on personnel in the Office of the
Secretary of Defense and Department of Defense
headquarters of fellows appointed under the John S.
McCain Defense Fellows Program.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
Subtitle C--Other Department of Defense Organization and Management
Matters
Sec. 921. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of
Defense.
Sec. 922. Limitation on consolidation of Defense Media Activity.
Sec. 923. Report on resources to implement the civilian casualty policy
of the Department of Defense.
Subtitle D--United States Space Force
Sec. 951. Short title.
Sec. 952. The Space Force.
Sec. 953. Chief of Space Operations.
Sec. 954. Space Force Acquisition Council.
Sec. 955. Assistant Secretary of Defense for Space Policy.
Sec. 956. Assistant Secretary of the Air Force for Space Acquisition
and Integration.
Sec. 957. Service Acquisition Executive of the Department of the Air
Force for Space Systems and Programs.
Sec. 958. Conforming amendments and clarification of authorities.
Sec. 959. Effects on military installations.
Sec. 960. Availability of funds.
Sec. 961. Implementation.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF
DEFENSE MATTERS.
(a) Modification of Limitations on Number of Personnel in
OSD and Other DoD Headquarters.--
(1) OSD.--Section 143 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``3,767'' and inserting
``4,300''; and
(B) in subsection (b), by striking ``, civilian, and
detailed personnel'' and inserting ``and civilian
personnel''.
[[Page H9488]]
(2) Joint staff.--
(A) In general.--Section 155(h)(1) of such title is amended
by striking ``2,069'' and inserting ``2,250''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect on December 31, 2019, immediately after the
coming into effect of the amendment made by section 903(b) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2344), to which such
amendments relate
(3) Office of secretary of the army.--Section 7014(f) of
title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``3,105'' and inserting
``3,250''; and
(B) in paragraph (2), by striking ``1,865'' and inserting
``1,900''.
(4) Office of secretary of the navy.--Section 8014(f) of
such title is amended--
(A) in paragraph (1), by striking ``2,866'' and inserting
``3,150''; and
(B) in paragraph (2), by striking ``1,720'' and inserting
``1,800''.
(5) Office of secretary of the air force.--Section 9014(f)
of such title is amended--
(A) in paragraph (1), by striking ``2,639'' and inserting
``2,750''; and
(B) in paragraph (2), by striking ``1,585'' and inserting
``1,650''.
(b) Sunset of Reduction in Funding for DoD Headquarters,
Administrative, and Support Activities.--Section 346 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 111 note) is amended by adding
at the end the following new subsection:
``(d) Sunset.--No action is required under this section
with respect to any fiscal year after fiscal year 2019.''.
SEC. 902. CLARIFYING THE ROLES AND RESPONSIBILITIES OF THE
UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND
SUSTAINMENT AND THE UNDER SECRETARY OF DEFENSE
FOR RESEARCH AND ENGINEERING.
The laws of the United States are amended as follows:
(1) Section 129a(c)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(2) Section 133a(b)(2) of title 10, United States Code, is
amended--
(A) by striking ``prototyping,'' and inserting
``appropriate prototyping activities,''; and
(B) by striking ``, including the allocation of resources
for defense research and engineering,''.
(3) Section 134(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics,'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and
Engineering,''.
(4) Section 139 of title 10, United States Code, is
amended--
(A) in subsection (b), by striking ``and the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' each place it appears and inserting ``, the Under
Secretary of Defense for Acquisition and Sustainment, and the
Under Secretary of Defense for Research and Engineering'';
and
(B) in subsections (c) and (h), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense
for Research and Engineering,''.
(5) Section 139a(d)(6) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and
Engineering,''.
(6) Section 171(a) of title 10, United States Code, is
amended--
(A) in paragraph (3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by redesignating paragraphs (9) through (13) as
paragraphs (12) through (16);
(C) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively;
(D) by inserting after paragraph (3) the following new
paragraph:
``(4) the Under Secretary of Defense for Research and
Engineering;''; and
(E) by inserting after paragraph (9), as redesignated, the
following new paragraphs:
``(10) the Deputy Under Secretary of Defense for Research
and Engineering;
``(11) the Deputy Under Secretary of Defense for
Acquisition and Sustainment;''.
(7) Subsection (d)(1) of section 181 of title 10, United
States Code, is amended--
(A) in subparagraph (C), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the Under Secretary of Defense for Research and
Engineering.''; and
(C) by redesignating paragraphs (D) through (G) as
paragraphs (E) through (H), respectively.
(8) Subsection (b)(2) of section 393 of title 10, United
States Code, is amended--
(A) in subparagraph (B), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) the Under Secretary of Defense for Research and
Engineering.''; and
(C) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F).
(9) Section 1111 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1032; 10
U.S.C. 1701 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(10) Section 231 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 45; 10
U.S.C. 1701 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(11) Section 1702 of title 10, United States Code, is
amended--
(A) in the section heading, by striking ``under secretary
of defense for acquisition, technology, and logistics'' and
inserting ``under secretary of defense for acquisition and
sustainment''; and
(B) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(12) Section 807(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2608; 10 U.S.C. 1702 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(13) Section 1705 of title 10, United States Code, is
amended--
(A) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (e)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(C) in subsection (g)(2)(B), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(14) Section 803(c) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1825;
10 U.S.C. 1705 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(15) Section 1722 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (b)(2)(B), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(16) Section 1722a of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (e), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(17) Section 1722b(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(18) Section 1723 of title 10, United States Code, is
amended--
(A) in subsection (a)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (b), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(19) Section 1725(e)(2) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(20) Section 1735(c)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(21) Section 1737(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(22) Section 1741(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(23) Section 1746(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(24) Section 1748 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(25) Section 2222 of title 10, United States Code, is
amended--
(A) in subsection (c)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under
[[Page H9489]]
Secretary of Defense for Acquisition and Sustainment''; and
(B) in subsection (f)(2)(B)(i), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(26) Section 217(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 770;
10 U.S.C. 2222 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment and Under Secretary of Defense for Research and
Engineering''.
(27) Section 882(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
128 Stat. 4308; 10 U.S.C. 2222 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(28) Section 2272 of title 10, United States Code, is
amended by striking ``Assistant Secretary of Defense for
Research and Engineering'' and inserting ``Under Secretary of
Defense for Research and Engineering''.
(29) Section 2275(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(30) Section 2279(d) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(31) Section 2279b of title 10, United States Code, is
amended--
(A) in subsection (b)--
(i) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(ii) by striking paragraph (2); and
(iii) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Under Secretary of Defense for Research and
Engineering.
``(3) The Under Secretary of Defense for Acquisition and
Sustainment.''; and
(B) in subsection (c) by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition
and Sustainment,''.
(32) Section 898(a)(2) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2000; 10 U.S.C. 2302 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(33) Section 804 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 726; 10
U.S.C. 2302 note) is amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (d)(1)(A), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Deputy Secretary of Defense''.
(34) Section 852 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 130 Stat. 3458; 10 U.S.C. 2302
note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(35) Section 806 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(36) Section 843 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(37) Section 254(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4402; 10 U.S.C. 2302 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(38) Section 802(d) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2004; 10 U.S.C. 2302 note) is amended by
striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place such term appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(39) Section 2304 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(40) Section 806(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4260; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(41) Section 821(a) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 226;
10 U.S.C. 2304 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(42) Section 801(b)(2)(A) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 204; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(43) Section 817(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(44) Section 811(e)(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(45) Section 875 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10
U.S.C. 2305 note) is amended--
(A) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(C) in subsection (d), by striking ``The Under Secretary
for Acquisition, Technology, and Logistics'' and inserting
``The Under Secretary of Defense for Research and
Engineering''; and
(D) in subsection (e) through (f), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(46) Section 888(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2322; 10 U.S.C. 2305 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(47) Section 829(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2281; 10 U.S.C. 2306 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(48) Section 2306b(i)(7) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(49) Section 2311(c) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in paragraph (2)(B), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(50) Section 2326(g) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(51) Section 2330 of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (a)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(C) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(D) in subsection (b)(3)(A), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(52) Section 882 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 942; 10
U.S.C. 2330 note) is amended in the matter preceding
paragraph (1) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(53) Section 2334 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(54) Section 2350a(b)(2) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment, and the Under Secretary of Defense for Research
and Engineering''.
(55) Section 2359(b)(1) of title 10, United States Code, is
amended by striking ``Under Secretary
[[Page H9490]]
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''.
(56) Section 2359b of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''; and
(B) in subsection (l)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''.
(57) Section 2375 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(58) Section 874(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2310; 10 U.S.C. 2375 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(59) Section 876 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2311; 10
U.S.C. 2377 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(60) Section 855 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 919; 10
U.S.C. 2377 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(61) Section 856(a)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 920; 10 U.S.C. 2377 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(62) Section 2399(b)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics,'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and
Engineering,''.
(63) Section 2419(a)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(64) Section 826(e) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 908;
10 U.S.C. 2430 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(65) Section 827(e) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 909;
10 U.S.C. 2430 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(66) Section 811(b)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
126 Stat. 1828; 10 U.S.C. 2430 note) is amended by striking
``if the Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``if the service
acquisition executive, in the case of a major defense
acquisition program of the military department, or the Under
Secretary of Defense for Acquisition and Sustainment, in the
case of a Defense-wide or Defense Agency major defense
acquisition program,''.
(67) Section 814 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4528) is amended--
(A) in subsection (b)(2)--
(i) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively;
(ii) by striking subparagraph (A); and
(iii) by inserting before subparagraph (C), as redesignated
by clause (i), the following new subparagraphs:
``(A) The Office of the Under Secretary of Defense for
Research and Engineering.
``(B) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.''; and
(B) in subsection (c)(5), in the flush matter following
subparagraph (B), by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics certifies
to the congressional defense committees, and includes'' and
inserting ``the Under Secretary of Defense for Research and
Engineering and the Under Secretary of Defense for
Acquisition and Sustainment jointly certify to the
congressional defense committees, and include''.
(68) Section 801(a)(1) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2312; 10 U.S.C. 2430 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(69) Section 1675 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 192 Stat. 1131; 10
U.S.C. 2431 note) is amended--
(A) in subsection (a), by striking ``The Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Vice Chairman of the Joint Chiefs of Staff, acting through
the Missile Defense Executive Board'' and inserting ``The
Vice Chairman of the Joint Chiefs of Staff and the chairman
of the Missile Defense Executive Board (pursuant to section
1681(c) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2162)), acting through the Missile Defense Executive
Board,''; and
(B) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``chairman of the Missile Defense Executive
Board''.
(70) Section 2431a(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(71) Section 2435 of title 10, United States Code, is
amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place it
appears and inserting ``the Under Secretary of Defense for
Acquisition and Sustainment''.
(72) Section 2438(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary of
Defense for Acquisition, Technology and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in paragraph (2), by striking ``Under Secretary of
Defense for Acquisition, Technology and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(73) Section 2448b of title 10, United States Code, is
amended by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--With respect to a major defense
acquisition program, the Secretary of Defense shall conduct
or approve independent technical risk assessments--
``(1) before any decision to grant Milestone A approval for
the program pursuant to section 2366a of this title, that
identifies critical technologies and manufacturing processes
that need to be matured; and
``(2) before any decision to grant Milestone B approval for
the program pursuant to section 2366b of this title, any
decision to enter into low-rate initial production or full-
rate production, or at any other time considered appropriate
by the Secretary, that includes the identification of any
critical technologies or manufacturing processes that have
not been successfully demonstrated in a relevant environment.
``(b) Guidance.--The Secretary shall issue guidance and a
framework for the conduct, execution, and approval of
independent technical risk assessments.''.
(74) Section 2503(b) of title 10, United States Code, is
amended--
(A) by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Research and Engineering and
the Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) by striking ``the Under Secretary shall'' and inserting
``the Under Secretaries shall''.
(75) Section 2508(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(76) Section 2521 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``The Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``The Under Secretary of Defense for Research and
Engineering'';
(B) in subsection (e)(4)(D), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''; and
(C) in subsection (e)(5), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''.
(77) Section 2533b(k)(2)(A) of title 10, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(78) Section 2546 of title 10, United States Code, is
amended--
(A) in the heading of subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment'';
(B) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(C) in subsection (b), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(79) Section 2548 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (c)(8), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(80) Section 2902(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Office of the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``Office of the Under Secretary of Defense for
Research and Engineering''; and
(B) in paragraph (3), by striking ``Office of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Office of the Under Secretary of
Defense for Acquisition and Sustainment''.
[[Page H9491]]
(81) Section 2824(d) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2154;
10 U.S.C. 2911 note) is amended by striking ``Under Secretary
of Defense'' and all that follows through ``Environment'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(82) Section 315(d) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1357;
10 U.S.C. 2911 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(83) Section 2926(e)(5)(D) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary for Defense for Acquisition and
Sustainment''.
(84) Section 836(a)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1508; 22 U.S.C. 2767 note) is amended by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics, the Assistant Secretary of Defense for
Research,'' and inserting ``the Under Secretary of Defense
for Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering,''.
(85) Section 105(d)(7)(M)(v) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(M)(v)) is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(86) Section 1126(a)(3) of title 31, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(87) Section 11319(d)(4) of title 40, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(88) Section 1302(b)(2)(A)(i) of title 41, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(89) Section 1311(b)(3) of title 41, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(90) Section 7(a)(3) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98f(a)(3)) is amended
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary
of Defense for Acquisition and Sustainment''.
(91) Section 1412 of the National Defense Authorization
Act, 1986 (50 U.S.C. 1521) is amended--
(A) in subsection (f)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (g)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment.''.
(92) Section 133b(b)(2) of title 10, United States Code, is
amended by inserting ``appropriate prototyping activities,''
after ``development,''.
(93)(A) Section 5314 of title 5, United States Code, is
amended by inserting before the item relating to the Under
Secretary of Defense for Acquisition and Sustainment the
following new item: ``Under Secretary of Defense for Research
and Engineering.''.
(B) Section 5313 of title 5, United States Code, is amended
by striking the item relating to the Under Secretary of
Defense for Research and Engineering.
(C) This paragraph shall have no force or effect until the
next date on which the Congress confirms an individual to
serve as the Under Secretary of Defense for Research and
Engineering after the date of enactment of this Act.
(94) Section 338 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1728) is amended by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(95) Section 136(a)(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1317) is amended by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(96) Section 1652(a) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2609)
is amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Research and Engineering''.
(97) Section 1689(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631)
is amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Research and Engineering''.
(98) Section 144 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1325) is
amended--
(A) in subsection (a), by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''; and
(B) in subsection (b)(4), by striking ``the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``the Under Secretary of Defense for Research and
Engineering''.
(99) Section 838(2)(B) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1509) is amended by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(100) Section 802(a)(3)(C) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
10 U.S.C. 2410p note) is amended by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Acquisition and Sustainment''.
SEC. 903. RETURN TO CHIEF INFORMATION OFFICER OF THE
DEPARTMENT OF DEFENSE OF RESPONSIBILITY FOR
BUSINESS SYSTEMS AND RELATED MATTERS.
(a) Return of Responsibility.--
(1) In general.--Section 142(b)(1) of title 10, United
States Code, is amended by striking ``systems and'' each
place it appears in subparagraphs (A), (B), and (C).
(2) Conforming amendments to cmo authorities.--Section
132a(b) of such title is amended--
(A) in paragraph (2), by striking ``performance measurement
and management, and business information technology
management and improvement activities and programs'' and
inserting ``and performance measurement and management
activities and programs'';
(B) by striking paragraphs (4) and (5); and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(b) Chief Data Officer Responsibility for DoD Data Sets.--
(1) In general.--In addition to any other functions and
responsibilities specified in section 3520(c) of title 44,
United States, Code, the Chief Data Officer of the Department
of Defense shall also be the official in the Department of
Defense with principal responsibility for providing for the
availability of common, usable, Defense-wide data sets.
(2) Access to all dod data.--In order to carry out the
responsibility specified in paragraph (1), the Chief Data
Officer shall have access to all Department of Defense data,
including data in connection with warfighting missions and
back-office data.
(3) Responsible to cio.--The Chief Data Officer shall
report directly to the Chief Information Officer of the
Department of Defense in the performance of the
responsibility specified in paragraph (1).
(4) Report.--Not later than December 1, 2019, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
setting forth such recommendations for legislative or
administrative action as the Secretary considers appropriate
to carry out this subsection.
SEC. 904. ASSESSMENTS OF RESPONSIBILITIES AND AUTHORITIES OF
THE CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT
OF DEFENSE.
(a) In General.--The Secretary of Defense shall provide for
the conduct of two assessments of the implementation of the
position of Chief Management Officer of the Department of
Defense pursuant to section 132a of title 10, United States
Code, as follows:
(1) Department of defense assessment.--An assessment
conducted by the Secretary or a designee of the Secretary.
(2) Independent assessment.--An assessment conducted by the
Defense Business Board or an appropriate number of
individuals selected by the Secretary from among individuals
in academia or academic institutions with expertise in public
administration and management.
(b) Assessment Elements.--Each assessment conducted
pursuant to subsection (a) shall include an assessment of the
implementation of the position of Chief Management Officer of
the Department of Defense, including and taking into account
the following:
(1) The extent to which the position has been effective in
achieving the service, and exercising the powers and
authorities, specified in section 132a of title 10, United
States Code
(2) The perspectives of the Under Secretaries of the
military departments on the matters described in paragraph
(1) based on the experiences of such Under Secretaries as the
Chief Management Officer of a military department
(3) The extent to which the ingrained organizational
culture of the Department of Defense poses fundamental
structural challenges for the position of Chief Management
Officer of the Department, irrespective of the individual
appointed to the position.
(4) The observations of the Comptroller General of the
United States on progress and challenges during the prior 10
years in the establishment of positions of Chief Management
Officer in agencies throughout the Executive Branch,
including in the Department of Defense and in other Federal
agencies.
(5) An identification and comparison of best practices in
the private sector and the public sector for the
responsibilities and authorities of Chief Management
Officers.
(6) An identification and assessment of differences in
responsibilities and authorities of the Chief Management
Office of the Department, the Chief Operating Officer of the
Department of Defense, and the Deputy Secretary of Defense.
(c) Modification of Responsibilities and Authorities.--The
Secretary shall identify such modifications, if any, to the
responsibilities and authorities of the Chief Management
Officer of the Department (whether specified in statute or
otherwise) as the Secretary considers appropriate in light of
the assessments conducted pursuant to subsection (a). In
identifying any such modification, the Secretary shall
develop
[[Page H9492]]
recommendations for such legislative action as the Secretary
considers appropriate to implement such modification.
(d) Report.--Not later than March 15, 2020, the Secretary
shall submit to the congressional defense committees a report
on the assessments conducted pursuant to subsection (a) and
on any modifications to the responsibilities and authorities
of the Chief Management Officer of the Department identified
pursuant to subsection (c). The report shall include the
following:
(1) A description and the results of the assessment
conducted pursuant to subsection (a).
(2) Any modifications of the responsibilities and
authorities of the Chief Management Officer identified
pursuant to subsection (c), including recommendations
developed for legislative action to implement such
recommendations and a proposed timeline for the
implementation of such recommendations.
SEC. 905. SENIOR MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY
PRINCIPAL CYBER ADVISOR.
(a) Advisor.--
(1) In general.--The Under Secretary of Defense for Policy
shall, acting through the Joint Staff, designate an officer
within the Office of the Under Secretary of Defense for
Policy to serve within that Office as the Senior Military
Advisor for Cyber Policy, and concurrently, as the Deputy
Principal Cyber Advisor.
(2) Officers eligible for designation.--The officer
designated pursuant to this subsection shall be designated
from among commissioned regular officers of the Armed Forces
in a general or flag officer grade who are qualified for
designation
(3) Grade.--The officer designated pursuant to this
subsection shall have the grade of major general or rear
admiral (upper half) while serving in that position, without
vacating the officer's permanent grade.
(b) Scope of Positions.--
(1) In general.--The officer designated pursuant to
subsection (a) is each of the following:
(A) The Senior Military Advisor for Cyber Policy to the
Under Secretary of Defense for Policy.
(B) The Deputy Principal Cyber Advisor to the Secretary of
Defense.
(2) Direction and control and reporting.--In carrying out
duties under this section, the officer designed pursuant to
subsection (a) shall be subject to the authority, direction,
and control of, and shall report directly to, the following:
(A) The Under Secretary with respect to Senior Military
Advisor for Cyber Policy duties.
(B) The Principal Cyber Advisor with respect to Deputy
Principal Cyber Advisor duties.
(c) Duties.--
(1) Duties as senior military advisor for cyber policy.--
The duties of the officer designated pursuant to subsection
(a) as Senior Military Advisor for Cyber Policy are as
follows:
(A) To serve as the principal uniformed military advisor on
military cyber forces and activities to the Under Secretary
of Defense for Policy.
(B) To assess and advise the Under Secretary on aspects of
policy relating to military cyberspace operations, resources,
personnel, cyber force readiness, cyber workforce
development, and defense of Department of Defense networks.
(C) To advocate, in consultation with the Joint Staff, and
senior officers of the Armed Forces and the combatant
commands, for consideration of military issues within the
Office of the Under Secretary of Defense for Policy,
including coordination and synchronization of Department
cyber forces and activities.
(D) To maintain open lines of communication between the
Chief Information Officer of the Department of Defense,
senior civilian leaders within the Office of the Under
Secretary, and senior officers on the Joint Staff, the Armed
Forces, and the combatant commands on cyber matters, and to
ensure that military leaders are informed on cyber policy
decisions.
(2) Duties as deputy principal cyber advisor.--The duties
of the officer designated pursuant to subsection (a) as
Deputy Principal Cyber Advisor are as follows:
(A) To synchronize, coordinate, and oversee implementation
of the Cyber Strategy of the Department of Defense and other
relevant policy and planning.
(B) To advise the Secretary of Defense on cyber programs,
projects, and activities of the Department, including with
respect to policy, training, resources, personnel, manpower,
and acquisitions and technology.
(C) To oversee implementation of Department policy and
operational directives on cyber programs, projects, and
activities, including with respect to resources, personnel,
manpower, and acquisitions and technology.
(D) To assist in the overall supervision of Department
cyber activities relating to offensive missions.
(E) To assist in the overall supervision of Department
defensive cyber operations, including activities of
component-level cybersecurity service providers and the
integration of such activities with activities of the Cyber
Mission Force.
(F) To advise senior leadership of the Department on, and
advocate for, investment in capabilities to execute
Department missions in and through cyberspace.
(G) To identify shortfalls in capabilities to conduct
Department missions in and through cyberspace, and make
recommendations on addressing such shortfalls in the Program
Budget Review process.
(H) To coordinate and consult with stakeholders in the
cyberspace domain across the Department in order to identify
other issues on cyberspace for the attention of senior
leadership of the Department.
(I) On behalf of the Principal Cyber Advisor, to lead the
cross-functional team established pursuant to 932(c)(3) of
the National Defense Authorization Act for Fiscal Year 2014
(10 U.S.C. 2224 note) in order to synchronize and coordinate
military and civilian cyber forces and activities of the
Department.
SEC. 906. EXCLUSION FROM LIMITATIONS ON PERSONNEL IN THE
OFFICE OF THE SECRETARY OF DEFENSE AND
DEPARTMENT OF DEFENSE HEADQUARTERS OF FELLOWS
APPOINTED UNDER THE JOHN S. MCCAIN DEFENSE
FELLOWS PROGRAM.
Section 932(f)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1938; 10 U.S.C. 1580 note prec.) is amended by
adding at the end the following new sentence: ``An individual
appointed pursuant to this paragraph shall not count against
the limitation on the number of Office of the Secretary of
Defense personnel in section 143 of title 10, United States
Code, or any similar limitation in law on the number of
personnel in headquarters of the Department that would
otherwise apply to the office or headquarters to which
appointed.''.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
SEC. 911. CODIFICATION OF ASSISTANT SECRETARIES FOR ENERGY,
INSTALLATIONS, AND ENVIRONMENT OF THE ARMY,
NAVY, AND AIR FORCE.
(a) Assistant Secretary of the Army.--Section 7016(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(6)(A) One of the Assistant Secretaries shall be the
Assistant Secretary for Energy, Installations, and
Environment.
``(B) The principal duty of the Assistant Secretary for
Energy, Installations, and Environment shall be the overall
supervision of energy, installation, and environment matters
for the Department of the Army.''.
(b) Assistant Secretary of the Navy.--Section 8016(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary for Energy, Installations, and
Environment.
``(B) The principal duty of the Assistant Secretary for
Energy, Installations, and Environment shall be the overall
supervision of energy, installation, and environment matters
for the Department of the Navy.''.
(c) Assistant Secretary of the Air Force.--Section 9016(b)
of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary for Energy, Installations, and
Environment.
``(B) The principal duty of the Assistant Secretary for
Energy, Installations, and Environment shall be the overall
supervision of energy, installation, and environment matters
for the Department of the Air Force.''.
Subtitle C--Other Department of Defense Organization and Management
Matters
SEC. 921. PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS IN
CERTAIN COMPANIES BY CERTAIN OFFICIALS OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 49 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 988. Prohibition on ownership or trading of stocks in
certain companies by certain officials of the Department of
Defense
``(a) Prohibition.--Except as provided in subsection (b), a
covered official of the Department of Defense may not own or
purchase publicly traded stock of a company if that company
is one of the 10 entities awarded the most amount of contract
funds by the Department of Defense in a fiscal year during
the five preceding fiscal years.
``(b) Exceptions.--This section shall not apply to the
purchase or ownership of a publicly traded stock of a company
otherwise described in subsection (a) as follows:
``(1) If the aggregate market value of the holdings of the
covered official, and the spouse and minor children of the
covered official, in the stock of that company, both before
and after purchase (in the case of a purchase), does not
exceed the de minimis threshold established in section
2640.202(a)(2) of title 5, Code of Federal Regulations.
``(2) If the stock is purchased and owned as part of an
Excepted Investment Fund or mutual fund.
``(c) Definitions.--In this section:
``(1) The term `covered official of the Department of
Defense' means any of the following:
``(A) A civilian appointed to a position in the Department
of Defense by the President, by and with the advice and
consent of the Senate.
``(B) If serving in a key acquisition position (as
designated by the Secretary of Defense or the Secretary
concerned for purposes of this section), the following:
``(i) A member of the armed forces in a grade above O-6.
``(ii) A civilian officer or employee in a Senior Executive
Service, Senior-Level, or Scientific or Professional
position.
``(2) The term `Excepted Investment Fund' means a widely-
held investment fund described in section 102(f)(8) of the
Ethics in Government Act of 1978 (5 U.S.C. App.).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 49 of such title is amended by adding at
the end the following new item:
``988. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of
Defense.''.
SEC. 922. LIMITATION ON CONSOLIDATION OF DEFENSE MEDIA
ACTIVITY.
(a) Limitation.--The Secretary of Defense may not take any
action to consolidate the Defense Media Activity until a
period of 60 days
[[Page H9493]]
has elapsed following the date on which the Secretary of
Defense submits the report required under subsection (b).
(b) Report Required.--The Secretary of Defense shall submit
to the congressional defense committees a report that
includes the following:
(1) Any current or future plans to restructure, reduce, or
eliminate the functions, personnel, facilities, or
capabilities of the Defense Media Activity, including the
timelines associated with such plans.
(2) Any modifications that have been made, or that may be
made, to personnel compensation or funding accounts in
preparation for, or in response to, efforts to consolidate
the Defense Media Activity.
(3) Any contractual agreements that have been entered into
to consolidate or explore the consolidation of the Defense
Media Activity.
(4) Any Department of Defense directives or Administration
guidance relating to efforts to consolidate the Defense Media
Activity, including any directives or guidance intended to
inform or instruct such efforts.
(c) Consolidate Defined.--In this section, the term
``consolidate'', means any action to reduce the functions,
personnel, facilities, or capabilities of the Defense Media
Activity.
SEC. 923. REPORT ON RESOURCES TO IMPLEMENT THE CIVILIAN
CASUALTY POLICY OF THE DEPARTMENT OF DEFENSE.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified
form, on the resources necessary over the period of the
future-years defense plan for fiscal year 2020 under section
221 of title 10, United States Code, to fulfill the
requirements of section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1939; 10 U.S.C. 134 note) and fully
implement policies developed as a result of such section.
Subtitle D--United States Space Force
SEC. 951. SHORT TITLE.
This subtitle may be cited as the ``United States Space
Force Act''.
SEC. 952. THE SPACE FORCE.
(a) Redesignation.--The Air Force Space Command is hereby
redesignated as the United States Space Force (USSF).
(b) Authority.--Title 10, United States Code, is amended--
(1) in chapter 907 of part I of subtitle D, by
redesignating sections 9067, 9069, 9074, 9075, 9081, and 9084
as sections 9063, 9064, 9065, 9066, 9067, and 9068,
respectively;
(2) by adding at the end of such part the following new
chapter:
``CHAPTER 908--THE SPACE FORCE
``Sec.
``9081. The United States Space Force.
``9082. Chief of Space Operations.
``9083. Officer career field for space.'';
(3) by transferring section 2279c to chapter 908, as so
added, and redesignating such section as section 9081; and
(4) by amending such section 9081 to read as follows:
``Sec. 9081. The United States Space Force
``(a) Establishment.--There is established a United States
Space Force as an armed force within the Department of the
Air Force.
``(b) Composition.--The Space Force shall be composed of
the following:
``(1) The Chief of Space Operations.
``(2) The space forces and such assets as may be organic
therein.
``(c) Functions.--The Space Force shall be organized,
trained, and equipped to provide--
``(1) freedom of operation for the United States in, from,
and to space; and
``(2) prompt and sustained space operations.
``(d) Duties.--It shall be the duty of the Space Force to--
``(1) protect the interests of the United States in space;
``(2) deter aggression in, from, and to space; and
``(3) conduct space operations.''.
(c) Space Force as an Armed Force.--Section 101(a)(4) of
title 10, United States Code, is amended by inserting ``Space
Force,'' after ``Marine Corps,''.
(d) Members.--
(1) In general.--Effective as of the date of the enactment
of this Act, there shall be assigned to the Space Force such
members of the Air Force as the Secretary of the Air Force
shall specify.
(2) No authorization of additional military billets.--The
Secretary shall carry out this subsection within military
personnel of the Air Force otherwise authorized by this Act.
Nothing in this subsection shall be construed to authorize
additional military billets for the purposes of, or in
connection with, the establishment of the Space Force.
(e) Officer Career Field for Space.--Section 9068 of title
10, United States Code (as redesignated by subsection
(b)(1)), is hereby transferred to the end of chapter 908 of
such title (as added by subsection (b)(2)) and redesignated
as section 9083.
(f) Tables of Chapters.--The tables of chapters at the
beginning of subtitle D of title 10, United States Code, and
part I of such subtitle are each amended by inserting after
the item relating to chapter 907 the following new item:
``908. The Space Force.....................................9081.''.....
(g) Conforming Clerical Amendment to Chapter 907.--The
table of sections at the beginning of chapter 907 of title
10, United States Code, is amended by striking the items
relating to sections 9067, 9069, 9074, 9075, 9081, and 9084
and inserting the following new items:
``9063. Designation: officers to perform certain professional
functions.
``9064. Air Force nurses: Chief; appointment.
``9065. Commands: territorial organization.
``9066. Regular Air Force: composition.
``9067. Assistant Surgeon General for Dental Services.''.
SEC. 953. CHIEF OF SPACE OPERATIONS.
(a) Chief.--Chapter 908 of title 10, United States Code (as
added by section 952 of this Act), is amended by inserting
after section 9081 the following new section:
``Sec. 9082. Chief of Space Operations
``(a) Appointment.--(1) There is a Chief of Space
Operations, appointed by the President, by and with the
advice and consent of the Senate, from the general officers
of the Air Force. The Chief serves at the pleasure of the
President.
``(2) The Chief shall be appointed for a term of four
years. In time of war or during a national emergency declared
by Congress, the Chief may be reappointed for a term of not
more than four years.
``(b) Grade.--The Chief, while so serving, has the grade of
general without vacating the permanent grade of the officer.
``(c) Relationship to the Secretary of the Air Force.--
Except as otherwise prescribed by law and subject to section
9013(f) of this title, the Chief performs the duties of such
position under the authority, direction, and control of the
Secretary of the Air Force and is directly responsible to the
Secretary.
``(d) Duties.--Subject to the authority, direction, and
control of the Secretary of the Air Force, the Chief shall--
``(1) preside over the Office of the Chief of Space
Operations;
``(2) transmit the plans and recommendations of the Office
of the Chief of Space Operations to the Secretary and advise
the Secretary with regard to such plans and recommendations;
``(3) after approval of the plans or recommendations of the
Office of the Chief of Space Operations by the Secretary, act
as the agent of the Secretary in carrying them into effect;
``(4) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant
commands under chapter 6 of this title, over such of the
members and organizations of the Space Force as the Secretary
determines; and
``(5) perform such other military duties, not otherwise
assigned by law, as are assigned to the Chief by the
President, the Secretary of Defense, or the Secretary of the
Air Force.
``(e) Joint Chiefs of Staff.--(1) Commencing one year after
the date of the enactment of the United States Space Force
Act, the Chief of Space Operations shall be a member of the
Joint Chiefs of Staff.
``(2) To the extent that such action does not impair the
independence of the Chief in the performance of the duties of
the Chief as a member of the Joint Chiefs of Staff pursuant
to paragraph (1), the Chief shall inform the Secretary of the
Air Force regarding military advice rendered by members of
the Joint Chiefs of Staff on matters affecting the Department
of the Air Force.
``(3) Subject to the authority, direction, and control of
the Secretary of Defense, the Chief shall keep the Secretary
of the Air Force fully informed of significant military
operations affecting the duties and responsibilities of the
Secretary.''.
(b) Service.--
(1) Incumbent.--The individual serving as Commander of the
Air Force Space Command as of the day before the date of the
enactment of this Act may serve as the Chief of Space
Operations under subsection (a) of section 9082 of title 10,
United States Code (as added by subsection (a) of this
section), after that date without further appointment as
otherwise provided for by subsection (a) of such section
9082.
(2) U.S. space command.--During the one-year period
beginning on the date of the enactment of this Act, the
Secretary of Defense may authorize an officer serving as the
Chief of Space Operations to serve concurrently as the
Commander of the United States Space Command, without further
appointment.
(c) Joint Chiefs of Staff Matters.--Effective on the date
that is one year after the date of the enactment of this Act,
section 151(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) The Chief of Space Operations.''.
SEC. 954. SPACE FORCE ACQUISITION COUNCIL.
(a) In General.--Chapter 903 of title 10, United States
Code, is amended--
(1) by redesignating section 9021 as section 9021a; and
(2) by inserting after section 9020 the following new
section 9021:
``Sec. 9021. Space Force Acquisition Council
``(a) Establishment.--There is in the Office of the
Secretary of the Air Force a council to be known as the
`Space Force Acquisition Council' (in this section referred
to as the `Council').
``(b) Members.--The members of the Council are as follows:
``(1) The Under Secretary of the Air Force.
``(2) The Assistant Secretary of the Air Force for Space
Acquisition and Integration, who shall act as chair of the
Council.
``(3) The Assistant Secretary of Defense for Space Policy.
``(4) The Director of the National Reconnaissance Office.
``(5) The Chief of Space Operations.
``(6) The Commander of the United States Space Command.
``(c) Duties.--The Council shall oversee, direct, and
manage acquisition and integration of the Air Force for space
systems and programs in order to ensure integration across
the national security space enterprise.
``(d) Meetings.--The Council shall meet not less frequently
than monthly.
[[Page H9494]]
``(e) Reports.--Not later than 30 days after the end of
each calendar year quarter through the first calendar year
quarter of 2025, the Council shall submit to the
congressional defense committees a report on the activities
of the Council during the calendar year quarter preceding the
calendar year quarter in which such report is submitted.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 903 of such title is amended by striking
the item relating to section 9021 and inserting the following
new items:
``9021. Space Force Acquisition Council.
``9021a. Air Force Reserve Forces Policy Committee.''.
SEC. 955. ASSISTANT SECRETARY OF DEFENSE FOR SPACE POLICY.
(a) In General.--Section 138(b) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Space Policy. The principal duty of
the Assistant Secretary shall be the overall supervision of
policy of the Department of Defense for space warfighting.''.
(b) Elements of Office.--
(1) Development of recommendations.--The Secretary of
Defense shall seek to enter into an agreement with a
federally funded research and development center on the
development of recommendations as to the appropriate elements
of the Office of the Assistant Secretary of Defense for Space
Policy, including, in particular, whether the elements of the
Office should include elements on space that are currently
assigned to the Office of the Under Secretary of Defense for
Intelligence or the Military Intelligence Program.
(2) Transmittal.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall transmit to
the Committees on Armed Services of the Senate and the House
of Representatives the recommendations developed pursuant to
paragraph (1), together with an assessment of such
recommendations by the Secretary.
SEC. 956. ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE
ACQUISITION AND INTEGRATION.
(a) Redesignation of Principal Assistant for Space as
Assistant Secretary for Space Acquisition and Integration.--
(1) In general.--The Principal Assistant to the Secretary
of the Air Force for Space is hereby redesignated as the
Assistant Secretary of the Air Force for Space Acquisition
and Integration.
(2) References.--Any reference to the Principal Assistant
to the Secretary of the Air Force for Space in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the
Assistant Secretary of the Air Force for Space Acquisition
and Integration.
(b) Codification of Position and Responsibilities.--
(1) In general.--Section 9016 of title 10, United States
Code, as amended by subtitle B of this title, is further
amended--
(A) in subsection (a), by striking ``four'' and inserting
``five''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(6)(A) One of the Assistant Secretaries is the Assistant
Secretary of the Air Force for Space Acquisition and
Integration.
``(B) Subject to the authority, direction, and control of
the Secretary of the Air Force, the Assistant Secretary shall
do as follows:
``(i) Be responsible for all architecture and integration
of the Air Force for space systems and programs, including in
support of the Chief of Space Operations under section 9082
of this title.
``(ii) Act as the chair of the Space Force Acquisition
Council under section 9021 of this title.
``(iii) Advise the service acquisition executive of the Air
Force with responsibility for space systems and programs
(including for all major defense acquisition programs under
chapter 144 of this title for space) on the acquisition of
such systems and programs by the Air Force.
``(iv) Oversee and direct each of the following:
``(I) The Space Rapid Capabilities Office under section
2273a of this title.
``(II) The Space and Missile Systems Center.
``(III) The Space Development Agency.
``(v) Advise and synchronize acquisition projects for all
space systems and programs of the Air Force, including
projects for space systems and programs responsibility for
which is transferred to the Assistant Secretary pursuant to
section 956(b)(3) of the United States Space Force Act.
``(vi) Effective as of October 1, 2022, in accordance with
section 957 of that Act, serve as the Service Acquisition
Executive of the Department of the Air Force for Space
Systems and Programs.''.
(2) Executive schedule level iv.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the Assistant Secretaries of the Air Force and inserting
the following new item:
``Assistant Secretaries of the Air Force (5).''.
(3) Transfer of acquisition projects for space systems and
programs.--Effective October 1, 2022, the Secretary of the
Air Force shall transfer to the Assistant Secretary of the
Air Force for Space Acquisition and Integration under
paragraph (6) of section 9016(b) of title 10, United States
Code (as added by this subsection), responsibility for
architecture and integration of any acquisition projects for
space systems and programs of the Air Force that are under
the oversight or direction of the Assistant Secretary of the
Air Force for Acquisition as of September 30, 2022.
SEC. 957. SERVICE ACQUISITION EXECUTIVE OF THE DEPARTMENT OF
THE AIR FORCE FOR SPACE SYSTEMS AND PROGRAMS.
(a) In General.--Effective October 1, 2022, there shall be
within the Department of the Air Force a Service Acquisition
Executive of the Department of the Air Force for Space
Systems and Programs.
(b) Service.--
(1) In general.--Effective as of October 1, 2022, and
subject to paragraph (2), the individual serving as Assistant
Secretary of the Air Force for Space Acquisition and
Integration under paragraph (6) of section 9016(b) of title
10, United States Code (as added by section 1832(b) of this
Act), shall also serve as the Service Acquisition Executive
for Space Systems and Programs.
(2) Incumbent.--The individual serving as Assistant
Secretary of the Air Force for Space Acquisition and
Integration as of October 1, 2022, may also serve as the
Service Acquisition Executive for Space Systems and Programs
pursuant to paragraph (1) only if appointed as the Service
Acquisition Executive for Space Systems and Programs by the
President, by and with the advice and consent of the Senate,
pursuant to a nomination submitted to the Senate on or after
that date.
(c) Authorities and Responsibilities.--
(1) In general.--The Service Acquisition Executive for
Space Systems and Programs shall have within the Department
of the Air Force all the authorities and responsibilities of
a service acquisition executive under section 1704 of title
10, United States Code, and other applicable law, for the
Department of the Air Force with respect to space systems and
programs.
(2) Separate sae within the air force.--The Service
Acquisition Executive for Space Systems and Programs shall be
in addition to the service acquisition executive in the
Department of the Air Force for all acquisition matters of
the Department of the Air Force other than with respect to
space systems and programs.
(3) Guidance on relationship among saes.--Not later than
October 1, 2022, and from time to time thereafter, the
Secretary of the Air Force shall issue guidance for the
Department of the Air Force on the authorities and
responsibilities of the Service Acquisition Executive for
Space Systems and Programs and the authorities and
responsibilities of the service acquisition executive of the
Department for all acquisition matters of the Department
other than with respect to space systems and programs.
SEC. 958. CONFORMING AMENDMENTS AND CLARIFICATION OF
AUTHORITIES.
(a) Conforming Amendments.--Title 10, United States Code,
is amended as follows:
(1) In section 101(a)(9)(C), by inserting ``and the Space
Force'' before the semicolon.
(2) In section 2273a--
(A) in subsection (a), by striking ``Air Force Space
Command'' and inserting ``Space Force''; and
(B) in subsection (b), by striking ``Commander of the Air
Force Space Command'' and inserting ``Chief of Space
Operations''.
(b) Clarification of Authorities.--
(1) In general.--Except as specifically provided by this
subtitle or the amendments made by this subtitle--
(A) a member of the Space Force shall be treated as a
member of the Air Force for the purpose of the application of
any provision of law, including provisions of law relating to
pay, benefits, and retirement; and
(B) a civilian employee of the Space Force shall be treated
as a civilian employee of the Air Force for the purpose of
the application of any provision of law, including provisions
of law relating to pay, benefits, and retirement.
(2) Appointment and enlistment.--For purposes of the
appointment or enlistment of individuals as members of the
Space Force pending the integration of the Space Force into
the laws providing for the appointment or enlistment of
individuals as members of the Armed Forces, appointments and
enlistments of individuals as members of the Armed Forces in
the Space Force may be made in the same manner in which
appointments and enlistments of individuals as members of the
Armed Forces in the other Armed Forces may be made by law.
SEC. 959. EFFECTS ON MILITARY INSTALLATIONS.
Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to authorize or require the
relocation of any facility, infrastructure, or military
installation of the Air Force.
SEC. 960. AVAILABILITY OF FUNDS.
(a) In General.--Subject to subsection (b), amounts
authorized to be appropriated for fiscal year 2020 by this
Act and available for the Air Force may be obligated and
expended for programs, projects, and activities for space,
including personnel and acquisition programs, projects, and
activities, for and in connection with the establishment of
the Space Force and the discharge of the other requirements
of this title and the amendments made by this subtitle.
(b) Limitation.--The total amount obligated and expended in
fiscal year 2020 from amounts authorized to be appropriated
by this Act for and in connection with the establishment of
the Space Force and the discharge of the requirements
described in subsection (a) may not exceed the total amount
requested for the Space Force in the budget of the President
for fiscal year 2020, as submitted to Congress pursuant to
section 1105(a) of title 10, United States Code.
SEC. 961. IMPLEMENTATION.
(a) Requirement.--Except as specifically provided by this
subtitle, the Secretary of the Air Force shall implement this
subtitle, and the amendments made by this subtitle, by not
later than 18 months after the date of the enactment of this
Act.
(b) Briefings.--Not later than 60 days after the date of
the enactment of this Act, and every 60 days thereafter until
March 31, 2023, the Secretary of the Air Force and the Chief
of Space Operations shall jointly provide to the
congressional defense committees a briefing on the status of
the implementation of the Space Force
[[Page H9495]]
pursuant to this subtitle and the amendments made by this
subtitle. Each briefing shall address the current missions,
operations and activities, manpower requirements and status,
and budget and funding requirements and status of the Space
Force, and such other matters with respect to the
implementation and operation of the Space Force as the
Secretary and the Chief jointly consider appropriate to keep
Congress fully and currently informed on the status of the
implementation of the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Defense Business Audit Remediation Plan.
Sec. 1003. Financial improvement and audit remediation plan.
Sec. 1004. Reporting requirements relating to Department of Defense
audits.
Sec. 1005. Inclusion of certain military construction projects in
annual reports on unfunded priorities of the Armed Forces
and the combatant commands.
Sec. 1006. Prohibition on delegation of responsibility for submittal to
Congress of Out-Year Unconstrained Total Munitions
Requirements and Out-Year Inventory numbers.
Sec. 1007. Annual budget justification display for service-common and
other support and enabling capabilities for special
operations forces.
Sec. 1008. Element in annual reports on the Financial Improvement and
Audit Remediation Plan on activities with respect to
classified programs.
Sec. 1009. Plan of the Department of Defense for financial management
information.
Sec. 1010. Update of authorities and renaming of Department of Defense
Acquisition Workforce Development Fund.
Sec. 1011. Transparency of accounting firms used to support Department
of Defense audit.
Sec. 1012. Modification of required elements of annual reports on
emergency and extraordinary expenses of the Department of
Defense.
Subtitle B--Counterdrug Activities
Sec. 1021. Modification of authority to support a unified counterdrug
and counterterrorism campaign in Colombia.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Sense of Congress regarding Department of Defense
counterdrug activities in the transit zone and Caribbean
basin.
Sec. 1024. Assessment of impact of any planned or proposed border wall
on volume of illegal narcotics.
Subtitle C--Naval Vessels
Sec. 1031. Modification of authority to purchase vessels using funds in
National Defense Sealift Fund.
Sec. 1032. Use of National Defense Sealift Fund for procurement of two
used vessels.
Sec. 1033. Transportation by sea of supplies for the Armed Forces and
Defense Agencies.
Sec. 1034. Senior Technical Authority for each naval vessel class.
Sec. 1035. Permanent authority for sustaining operational readiness of
littoral combat ships on extended deployment.
Sec. 1036. Formal training for shipboard system programs of record.
Sec. 1037. Report on shipbuilder training and the defense industrial
base.
Sec. 1038. Use of competitive procedures for CVN-80 and CVN-81 dual
aircraft carrier contract.
Sec. 1039. Report on expanding naval vessel maintenance.
Subtitle D--Counterterrorism
Sec. 1041. Modification of support of special operations to combat
terrorism.
Sec. 1042. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1044. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1045. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1046. Chief Medical Officer at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1047. Independent assessment on gender and countering violent
extremism.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments.
Sec. 1052. Explosive ordnance defense disposal program.
Sec. 1053. Technical correction and extension of reporting requirement
regarding enhancement of information sharing and
coordination of military training between Department of
Homeland Security and Department of Defense.
Sec. 1054. Notification on the provision of defense sensitive support.
Sec. 1055. Revision to authorities relating to mail service for members
of the Armed Forces and Department of Defense civilians
overseas.
Sec. 1056. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1057. Expenditure of funds for Department of Defense intelligence
and counterintelligence activities.
Sec. 1058. Limitation on use of funds for the inactivation of Army
watercraft units.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2020 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. DEFENSE BUSINESS AUDIT REMEDIATION PLAN.
(a) In General.--Chapter 9A of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 240g. Defense Business Audit Remediation Plan
``(a) In General.--The Secretary of Defense shall maintain
a plan, to be known as the `Defense Business Systems Audit
Remediation Plan'. Such plan shall include a current
accounting of the defense business systems of the Department
of Defense that will be introduced, replaced, updated,
modified, or retired in connection with the audit of the full
financial statements of the Department, including a
comprehensive roadmap that displays--
``(1) in-service, retirement, and other pertinent dates for
affected defense business systems;
``(2) current cost-to-complete estimates for each affected
defense business system; and
``(3) dependencies both between the various defense
business systems and between the introduction, replacement,
update, modification, and retirement of such systems.
``(b) Report and Briefing Requirements.--
``(1) Annual report.--Not later than June 30, 2020, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees an updated report on the
Defense Business Systems Audit Remediation Plan under
subsection (a).
``(2) Semiannual briefings.--Not later than January 31 and
June 30 each year, the Secretary shall provide to the
congressional defense committees a briefing on the status of
the Defense Business Systems Audit Remediation Plan. Such
briefing shall include a description of any updates to the
defense business systems roadmap referred to in subsection
(a).
``(c) Defense Business System.--In this section, the term
`defense business system' has the meaning given such term in
section 2222(i)(1)(A) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``240g. Defense Business Audit Remediation Plan.''.
SEC. 1003. FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.
(a) Elements of Annual Report.--Subsection (b)(1)(B) of
section 240b of title 10, United States Code, is amended--
(1) in clause (vii)--
(A) by striking ``or if less than 50 percent of the audit
remediation services''; and
(B) by striking ``and audit remediation activities''; and
(2) in clause (viii), by striking ``or if less than 25
percent of the audit remediation services''.
[[Page H9496]]
(b) Semiannual Briefings.--Subsection (b)(2) of such
section is amended by striking ``or audit remediation''.
(c) Audit Remediation Services.--Subsection (b) of such
section is further amended--
(1) in paragraph (1)(B), by adding at the end the following
new clauses:
``(ix) If less than 50 percent of the audit remediation
services under contract, as described in the briefing
required under paragraph (2)(B), are being performed by
individual professionals meeting the qualifications described
in suhsection (c), a detailed description of the risks
associated with the risks of the acquisition strategy of the
Department with respect to conducting audit remediation
activities and an explanation of how the strategy complies
with the policies expressed by Congress.
``(x) If less than 25 percent of the audit remediation
services under contract, as described in the briefing
required under paragraph (2)(B), are being performed by
individual professionals meeting the qualifications described
in subsection (c), a written certification that the staffing
ratio complies with commercial best practices and presents no
increased risk of delay in the Department's ability to
achieve a clean audit opinion.''; and
(2) in paragraph (2)--
(A) by striking ``Not later'' and inserting ``(A) Not
later''; and
(B) by adding at the end the following new subparagraph:
``(B) Not later than January 31 and June 30 each year, the
Under Secretary of Defense (Comptroller) and the comptrollers
of the military departments shall provide a briefing to the
congressional defense committees on the status of the
corrective action plan. Such briefing shall include both the
absolute number and percentage of personnel performing the
amount of audit remediation services being performed by
professionals meeting the qualifications described in
subsection (c).''.
(d) Selection of Audit Remediation Services.--Such section
is further amended by adding at the end the following new
subsection:
``(c) Selection of Audit Remediation Services.--The
selection of audit remediation service providers shall be
based, among other appropriate criteria, on qualifications,
relevant experience, and capacity to develop and implement
corrective action plans to address internal control and
compliance deficiencies identified during a financial
statement or program audit.''.
SEC. 1004. REPORTING REQUIREMENTS RELATING TO DEPARTMENT OF
DEFENSE AUDITS.
(a) Annual Report.--
(1) In general.--Chapter 9A of title 10, United States
Code, as amended by section 1002 is further amended by adding
at the end the following new section:
``Sec. 240h. Annual report on auditable financial statements
``(a) In General.--Not later than January 30 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report that includes a ranking of all of
the military departments and Defense Agencies in order of how
advanced each such department and Agency is in achieving
auditable financial statements, as required by law. In
preparing the report, the Secretary shall seek to exclude
information that is otherwise available in other reports to
Congress.
``(b) Bottom Quartile.--Not later than June 30 of each
year, the head of each of the military departments and
Defense Agencies that were ranked in the bottom quartile of
the report submitted under subsection (a) for that year shall
submit to the congressional defense committees a report that
includes the following information for that military
department or Defense Agency:
``(1) A description of the material weaknesses of the
military department or Defense Agency.
``(2) The underlying causes of such weaknesses.
``(3) A plan for remediating such weaknesses.
``(4) The total number of open audit notices of findings
and recommendations (hereinafter referred to as `NFRs') for
the most recently concluded fiscal year and the preceding two
fiscal years, where applicable.
``(5) The number of repeat or reissued NFRs from the most
recently concluded fiscal year.
``(6) The number of NFRs that were previously forecasted to
be closed during the most recently concluded fiscal year that
remain open.
``(7) The number of closed NFRs during the current fiscal
year and prior fiscal years.
``(8) The number of material weaknesses that were validated
by external auditors as fully resolved or downgraded in the
current fiscal year over prior fiscal years.
``(9) A breakdown by fiscal years in which open NFRs are
forecasted to be closed.
``(10) Explanations for unfavorable trends in the
information under paragraphs (1) through (9).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter , as amended by section 1002 is
futher amended by adding at the end the following new item:
``240h. Annual report on auditable financial statements.''.
(b) Plan for Remediated Audit Findings.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report on Department-wide audit metrics.
Such report shall include each of the following:
(1) The total number of open audit notices of findings and
recommendations (hereinafter referred to as ``NFRs'') for the
most recent fiscal year and the preceding two fiscal years
where applicable.
(2) The number of repeat or reissued NFRs from the most
recent fiscal year.
(3) The number of NFRs that were previously forecasted to
be closed in the most recently completed fiscal year that
remain open,
(4) The number of closed NFRs in the current fiscal year
and prior fiscal years.
(5) The number of material weaknesses that were validated
by external auditors as fully resolved or downgraded in the
current fiscal year over prior fiscal years.
(6) A breakdown by fiscal years in which open NFRs are
forecasted to be closed.
(7) Explanations for unfavorable trends in the information
under paragraphs (1) through (5).
SEC. 1005. INCLUSION OF CERTAIN MILITARY CONSTRUCTION
PROJECTS IN ANNUAL REPORTS ON UNFUNDED
PRIORITIES OF THE ARMED FORCES AND THE
COMBATANT COMMANDS.
(a) Inclusion of Certain Military Construction Projects
Among Unfunded Priorities.--Subsection (d) of section 222a of
title 10, United States Code, is amended to read as follows:
``(d) Definitions.--In this section:
``(1) The term `unfunded priority', in the case of a fiscal
year, means a program, activity, or mission requirement,
including a covered military construction project, that--
``(A) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31;
``(B) is necessary to fulfill a requirement associated with
an operational or contingency plan of a combatant command or
other validated requirement; and
``(C) would have been recommended for funding through the
budget referred to in subparagraph (1) by the officer
submitting the report required by subsection (a) in
connection with the budget if--
``(i) additional resources been available for the budget to
fund the program, activity, or mission requirement; or
``(ii) the program, activity, or mission requirement has
emerged since the budget was formulated.
``(2) The term `covered military construction project', in
connection with a fiscal year, means a military construction
project that--
``(A) is included in any fiscal year of the future-years
defense program under section 221 of this title that is
submitted in connection with the budget of the President for
the fiscal year, and is executable in the fiscal year; or
``(B) is considered by the commander of a combatant command
referred to in subsection (b)(5) to be an urgent need, and is
executable in the fiscal year.''.
(b) Order of Urgency of Priorities.--Paragraph (2) of
subsection (c) of such section is amended to read as follows:
``(2) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report as
follows:
``(A) In overall order of urgency of priority.
``(B) In overall order of urgency of priority among
unfunded priorities (other than covered military construction
projects).
``(C) In overall order of urgency of priority among covered
military construction projects.''.
SEC. 1006. PROHIBITION ON DELEGATION OF RESPONSIBILITY FOR
SUBMITTAL TO CONGRESS OF OUT-YEAR UNCONSTRAINED
TOTAL MUNITIONS REQUIREMENTS AND OUT-YEAR
INVENTORY NUMBERS.
Section 222c of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Prohibition on Delegation of Submittal
Responsibility.--The responsibility of the chief of staff of
an armed force in subsection (a) to submit a report may not
be delegated outside the armed force concerned.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (c)'' in paragraph (6) and inserting
``subsection (d)''.
SEC. 1007. ANNUAL BUDGET JUSTIFICATION DISPLAY FOR SERVICE-
COMMON AND OTHER SUPPORT AND ENABLING
CAPABILITIES FOR SPECIAL OPERATIONS FORCES.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 225 the following new
section:
``Sec. 226. Special operations forces: display of service-
common and other support and enabling capabilities
``(a) In General.--The Secretary shall include, in the
budget materials submitted to Congress under section 1105 of
title 31 for fiscal year 2021 and any subsequent fiscal year,
a consolidated budget justification display showing service-
common and other support and enabling capabilities for
special operations forces requested by a military service or
Defense Agency. Such budget justification display shall
include any amount for service-common or other capability
development and acquisition, training, operations, pay, base
operations sustainment, and other common services and
support.
``(b) Service-common and Other Support and Enabling
Capabilities.--In this section, the term `service-common and
other support and enabling capabilities' means capabilities
provided in support of special operations that are not
reflected in Major Force Program-11 or designated as special
operations forces-peculiar.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 225 the following new item:
``226. Special operations forces: display of service-common and other
support and enabling capabilities.''.
[[Page H9497]]
SEC. 1008. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL
IMPROVEMENT AND AUDIT REMEDIATION PLAN ON
ACTIVITIES WITH RESPECT TO CLASSIFIED PROGRAMS.
Section 240b(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (B), as amended by section 1003, by
adding at the end the following new clause:
``(xi) A description of audit activities and results for
classified programs, including a description of the use of
procedures and requirements to prevent unauthorized exposure
of classified information in such activities.''; and
(2) in subparagraph (C)(i), by inserting ``or (ix)'' after
``clause (vii)''.
SEC. 1009. PLAN OF THE DEPARTMENT OF DEFENSE FOR FINANCIAL
MANAGEMENT INFORMATION.
(a) Element on Support of NDS by Corrective Action Plans.--
Section 240b(b)(1)(B) of title 10, United States Code, as
amended by section 1008 of this Act, is further amended by
adding at the end the following new clause:
``(xii) An identification the manner in which the
corrective action plan or plans of each department, agency,
component, or element of the Department of Defense, and the
corrective action plan of the Department as a whole, support
the National Defense Strategy (NDS) of the United States.''.
(b) Technical Amendment.--Clause (i) of such section is
amended by striking ``section 253a'' and inserting ``section
240c''.
(c) Annual Reports on Funding for Corrective Action
Plans.--Not later than five days after the submittal to
Congress under section 1105(a) of title 31, United States
Code, of the budget of the President for any fiscal year
after fiscal year 2020, the Secretary of Defense shall submit
to the congressional defense committees a reporting setting
forth a detailed estimate of the funding required for such
fiscal year to procure, obtain, or otherwise implement each
process, system, and technology identified to address the
current corrective action plans of the departments, agencies,
components, and elements of the Department of Defense, and
the corrective action plan of the Department as a whole, for
purposes of chapter 9A of title 10, United States Code,
during such fiscal year.
SEC. 1010. UPDATE OF AUTHORITIES AND RENAMING OF DEPARTMENT
OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
FUND.
(a) Renaming as Account.--
(1) In general.--Section 1705 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``the `Department of
Defense Acquisition Workforce Development Fund' (in this
section referred to as the `Fund')'' and inserting ``the
`Department of Defense Acquisition Workforce Development
Account' (in this section referred to as the `Account')'';
and
(B) by striking ``Fund'' each place it appears (other than
subsection (e)(6)) and inserting ``Account''.
(2) Conforming and clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1705. Department of Defense Acquisition Workforce
Development Account''.
(B) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 87 of such title is
amended by striking the item relating to section 1705 and
inserting the following new item:
``1705. Department of Defense Acquisition Workforce Development
Account.''.
(b) Management.--Such section is further amended by
striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place it appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(c) Appropriations as Sole Elements of Account.--Subsection
(d) of such section is amended to read as follows:
``(d) Elements.--The Account shall consist of amounts
appropriated to the Account by law.''.
(d) Availability of Amounts in Account.--Subsection (e)(6)
of such section is amended by striking ``credited to the
Fund'' and all that follows and inserting ``appropriated to
the Account pursuant to subsection (d) shall remain available
for expenditure for the fiscal year in which appropriated and
the succeeding fiscal year.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 1, 2019, and shall apply with respect
to fiscal years that begin on or after that date.
(2) Duration of availability of previously deposited
funds.--Nothing in the amendments made by this section shall
modify the duration of availability of amounts in the
Department of Defense Acquisition Workforce Development Fund
that were appropriated or credited to, or deposited, in the
Fund, before October 1, 2019, as provided for in section
1705(e)(6) of title 10, United States Code, as in effect on
the day before such date.
SEC. 1011. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT
DEPARTMENT OF DEFENSE AUDIT.
Section 1006 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) by striking ``For all contract actions'' and inserting
``(a) In General.--For all contract actions''; and
(2) by adding at the end the following new subsections
``(b) Treatment of Statement.--A statement setting forth
the details of a disciplinary proceeding submitted pursuant
to subsection (a), and the information contained in such a
statement, shall be--
``(1) treated as confidential to the extent required by the
court or agency in which the proceeding has occurred; and
``(2) treated in a manner consistent with any protections
or privileges established by any other provision of Federal
law.''.
SEC. 1012. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL
REPORTS ON EMERGENCY AND EXTRAORDINARY EXPENSES
OF THE DEPARTMENT OF DEFENSE.
Paragraph (2) of section 127(d) of title 10, United States
Code, is amended to read as follows:
``(2) Each report submitted under paragraph (1) shall
include, for each individual expenditure covered by such
report in an amount in excess of $100,000, the following:
``(A) A detailed description of the purpose of such
expenditure.
``(B) The amount of such expenditure.
``(C) An identification of the approving authority for such
expenditure.
``(D) A justification why other authorities available to
the Department could not be used for such expenditure.
``(E) Any other matters the Secretary considers
appropriate.''.
Subtitle B--Counterdrug Activities
SEC. 1021. MODIFICATION OF AUTHORITY TO SUPPORT A UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
(a) Organizations With Respect to Which Assistance May Be
Provided.--Subsection (a) of section 1021 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2042), as most recently
amended by section 1011(1) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1545), is further amended--
(1) in paragraph (1), by striking ``organizations
designated as'' and all that follows and inserting ``the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), the United Self-Defense Forces of
Colombia (AUC), and any covered organization that the
Secretary of Defense, with the concurrence of the Secretary
of State, determines poses a threat to the national security
interests of the United States.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For purposes of paragraph (1), a covered organization
is any foreign terrorist organization, or other organization
that is a non-state armed group, that--
``(A) promotes illicit economies;
``(B) employs violence to protect its interests;
``(C) has a military type structure, tactics, and weapons
that provide it the ability to carry out large-scale
violence;
``(D) challenges the security response capacity of
Colombia; and
``(E) has the capability to control territory.''.
(b) Notice on Assistance.--Such section is further
amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Notice on Assistance With Respect to Covered
Organizations.--(1) Not later than 30 days before providing
assistance pursuant to the authority in subsection (a) with
respect to a covered organization, the Secretary of Defense
shall submit to the appropriate committees of Congress a
written notification of the intent to use such authority with
respect to such organization, including the name of such
organization, the characteristics of such organization, and
threat posed by such organization.
``(2) In this subsection, the term `appropriate committees
of Congress' means--
``(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 271 note) is amended by
striking ``2020'' and inserting ``2022''.
(b) Technical Corrections.--Subsection (e) of such section
is amended--
(1) in paragraph (1), by inserting a period at the end; and
(2) by adding at the end the following paragraph (2):
``(2) For purposes of applying the definition of
transnational organized crime under paragraph (1) to this
section, the term `illegal means', as it appears in such
definition, includes the trafficking of money, human
trafficking, illicit financial flows, illegal trade in
natural resources and wildlife, trade in illegal drugs and
weapons, and other forms of illegal means determined by the
Secretary of Defense.''.
SEC. 1023. SENSE OF CONGRESS REGARDING DEPARTMENT OF DEFENSE
COUNTERDRUG ACTIVITIES IN THE TRANSIT ZONE AND
CARIBBEAN BASIN.
It is the sense of Congress that--
(1) combating transnational criminal organizations and
illicit narcotics trafficking across the transit zone and the
Caribbean basin is critical to the national security of the
United States;
(2) the Department of Defense should work with the
Department of Homeland Security, the Department of State, and
other relevant Federal, State, local, and international
partners to
[[Page H9498]]
improve surveillance capabilities and maximize the
effectiveness of counterdrug operations in the region; and
(3) the Secretary of Defense should, to the greatest extent
possible, ensure United States Northern Command and United
States Southern Command have the necessary assets to support
and increase counter-drug activities within their respective
areas of operations in the transit zone and the Caribbean
basin.
SEC. 1024. ASSESSMENT OF IMPACT OF ANY PLANNED OR PROPOSED
BORDER WALL ON VOLUME OF ILLEGAL NARCOTICS.
(a) Assessment Required.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security, shall
conduct an assessment of the impact that any planned or
proposed border wall construction under section 284 or 2808
of title 10, United States Code, along the southern border of
the United States would have on the volume of illegal
narcotics entering the United States.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall jointly submit to
Congress a report on the assessment required by subsection
(a).
Subtitle C--Naval Vessels
SEC. 1031. MODIFICATION OF AUTHORITY TO PURCHASE VESSELS
USING FUNDS IN NATIONAL DEFENSE SEALIFT FUND.
(a) In General.--Section 2218(f)(3)(E) of title 10, United
States Code, is amended--
(1) in clause (i), by striking ``ten new sealift vessels''
and inserting ``ten new vessels that are sealift vessels,
auxiliary vessels, or a combination of such vessels''; and
(2) in clause (ii), by striking ``sealift''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2019, and shall apply with
respect to fiscal years beginning on or after that date.
SEC. 1032. USE OF NATIONAL DEFENSE SEALIFT FUND FOR
PROCUREMENT OF TWO USED VESSELS.
Pursuant to section 2218(f)(3) of title 10, United States
Code, and using amounts authorized to be appropriated for
Operation and Maintenance, Navy, for fiscal year 2020, the
Secretary of the Navy shall seek to enter into a contract for
the procurement of two used vessels.
SEC. 1033. TRANSPORTATION BY SEA OF SUPPLIES FOR THE ARMED
FORCES AND DEFENSE AGENCIES.
Section 2631 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by inserting
``or for a Defense Agency'' after ``Marine Corps''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Before entering into a contract for the
transportation by sea of fuel products under this section,
the Secretary shall provide a minimum variance of three days
on the shipment date.''; and
(C) in paragraph (4), as redesignated by subparagraph (A),
by striking ``the requirement described in paragraph (1)''
and insert ``a requirement under paragraph (1) or (2)''.
SEC. 1034. SENIOR TECHNICAL AUTHORITY FOR EACH NAVAL VESSEL
CLASS.
(a) Senior Technical Authority for Each Class Required.--
Chapter 863 of title 10, United States Code, is amended by
inserting after section 8669a the following new section:
``Sec. 8669b. Senior Technical Authority for each naval
vessel class
``(a) Senior Technical Authority.--
``(1) Designation for each vessel class required.--The
Secretary of the Navy shall designate, in writing, a Senior
Technical Authority for each class of naval vessels as
follows:
``(A) In the case of a class of vessels which has received
Milestone A approval, an approval to enter into technology
maturation and risk reduction, or an approval to enter into a
subsequent Department of Defense or Department of the Navy
acquisition phase as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2020, not
later than 30 days after such date of enactment.
``(B) In the case of any class of vessels which has not
received any approval described in subparagraph (A) as of
such date of enactment, at or before the first of such
approvals.
``(2) Individuals eligible for designation.--Each
individual designated as a Senior Technical Authority under
paragraph (1) shall be an employee of the Navy in the Senior
Executive Service in an organization of the Navy that--
``(A) possesses the technical expertise required to carry
out the responsibilities specified in subsection (b); and
``(B) operates independently of chains-of-command for
acquisition program management.
``(3) Term.--Each Senior Technical Authority shall be
designated for a fixed term, not shorter than the time
anticipated to establish demonstrated successful performance
of the class of vessels concerned in accordance with its
approved capabilities document, as determined by the
Secretary at the time of designation.
``(4) Voluntary departure.--If an individual designated as
a Senior Technical Authority voluntarily departs the position
before demonstrated successful performance of the class of
vessels concerned, the Secretary shall designate, in writing,
a replacement, and shall notify, in writing, the
congressional defense committees not later than 90 days after
such departure.
``(5) Removal.--An individual may be removed involuntarily
from designation as a Senior Technical Authority only by the
Secretary. Not later than 15 days after the involuntary
removal of an individual from such designation, the Secretary
shall notify, in writing, the congressional defense
committees of the removal, including the reasons for the
removal. Not later than 90 days after the involuntary
removal, the Secretary shall designate, in writing, a
replacement, and shall notify, in writing, the congressional
defense committees of such designation.
``(6) Reassignment for mission needs.--Subject to
paragraphs (4) and (5), the Secretary may reassign a Senior
Technical Authority or remove an individual from designation
as a Senior Technical Authority in furtherance of Department
of the Navy mission needs.
``(b) Responsibilities and Authority.--Each Senior
Technical Authority shall be responsible for, and have the
authority to, establish, monitor, and approve technical
standards, tools, and processes for the class of naval
vessels for which designated under this section in
conformance with applicable laws and Department of Defense
and Department of the Navy policies, requirements,
architectures, and standards.
``(c) Limitation on Obligation of Funds on Lead Vessel in
Vessel Class.--
``(1) In general.--On or after January 1, 2021, funds
authorized to be appropriated for Shipbuilding and
Conversion, Navy or Other Procurement, Navy may not be
obligated for the first time on the lead vessel in a class of
naval vessels unless the Secretary of the Navy certifies as
described in paragraph (2).
``(2) Certification elements.--The certification on a class
of naval vessels described in this paragraph is a
certification containing each of the following:
``(A) The name or names of the individual or individuals
designated as the Senior Technical Authority for such class
of vessels, and the qualifications and professional biography
or biographies of the individual or individuals so
designated.
``(B) A description by the Senior Technical Authority of
the systems engineering, technology, and ship integration
risks for such class of vessels.
``(C) The designation by the Senior Technical Authority of
each critical hull, mechanical, electrical, propulsion, and
combat system of such class of vessels, including systems
relating to power generation, power distribution, and key
operational mission areas.
``(D) The date on which the Senior Technical Authority
approved the systems engineering, engineering development,
and land-based engineering and testing plans for such class
of vessels.
``(E) A description by the Senior Technical Authority of
the key technical knowledge objectives and demonstrated
system performance of each plan approved as described in
subparagraph (D).
``(F) A determination by the Senior Technical Authority
that such plans are sufficient to achieve thorough technical
knowledge of critical systems of such class of vessels before
the start of detail design and construction.
``(G) A determination by the Senior Technical Authority
that actual execution of activities in support of such plans
as of the date of the certification have been and continue to
be effective and supportive of the acquisition schedule for
such class of vessels.
``(H) A description by the Senior Technical Authority of
other technology maturation and risk reduction efforts not
included in such plans for such class of vessels taken as of
the date of the certification.
``(I) A certification by the Senior Technical Authority
that each critical system covered by subparagraph (C) has
been demonstrated through testing of a prototype or identical
component in its final form, fit, and function in a realistic
environment.
``(J) A determination by the Secretary that the plans
approved as described in subparagraph (D) are fully funded
and will be fully funded in the future-years defense program
for the fiscal year beginning in the year in which the
certification is submitted.
``(K) A determination by the Secretary that the Senior
Technical Authority will approve, in writing, the ship
specification for such class of vessels before the request
for proposals for detail design, construction, or both, as
applicable, is released.
``(3) Deadline for submittal of certification.--The
certification required by this subsection with respect to a
class of naval vessels shall be submitted, in writing, to the
congressional defense committees not fewer than 30 days
before the Secretary obligates for the first time funds
authorized to be appropriated for Shipbuilding and
Conversion, Navy or Other Procurement, Navy for the lead
vessel in such class of naval vessels.
``(d) Definitions.--In this section:
``(1) The term `class of naval vessels'--
``(A) means any group of similar undersea or surface craft
procured with Shipbuilding and Conversion, Navy or Other
Procurement, Navy funds, including manned, unmanned, and
optionally-manned craft; and
``(B) includes--
``(i) a substantially new class of craft (including craft
procured using `new start' procurement); and
``(ii) a class of craft undergoing a significant
incremental change in its existing class (such as a next
`flight' of destroyers or next `block' of attack submarines).
``(2) The term `future-years defense program' has the
meaning given that term in section 221 of this title.
``(3) The term `Milestone A approval' has the meaning given
that term in section 2431a of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by
inserting after the item relating to section 8669a the
following new item:
``8669b. Senior Technical Authority for each naval vessel class.''.
[[Page H9499]]
SEC. 1035. PERMANENT AUTHORITY FOR SUSTAINING OPERATIONAL
READINESS OF LITTORAL COMBAT SHIPS ON EXTENDED
DEPLOYMENT.
Section 8680(a)(2) of title 10, United States Code, is
amended--
(1) in subparagraph (C)(ii)--
(A) by striking ``means preservation or corrosion control
efforts and cleaning services'' and inserting ``means--'';
and
(B) by adding at the end the following new subclauses:
``(I) the effort required to provide housekeeping services
throughout the ship;
``(II) the effort required to perform coating maintenance
and repair to exterior and interior surfaces due to normal
environmental conditions; and
``(III) the effort required to clean mechanical spaces,
mission zones, and topside spaces.''; and
(2) by striking subparagraph (D).
SEC. 1036. FORMAL TRAINING FOR SHIPBOARD SYSTEM PROGRAMS OF
RECORD.
(a) In General.--The Secretary of the Navy shall ensure
that there is formal training provided for any shipboard
system that is a program of record on any Navy surface
vessel.
(b) Timline for Implementation.--
(1) Current programs.--In the case of any shipboard system
program of record that is in use as of the date of the
enactment of this Act for which no formal training is
available, the Secretary shall ensure that such training is
available by not later than 12 months after the date of the
enactment of this Act.
(2) Future programs.--In the case of any shipboard system
program of record that is first accepted by the Government
after the date of the enactment of this Act, the Secretary
shall ensure that formal training is established for such
program by not later than 12 months after the date on which
the shipboard system program of record is first accepted by
the Government.
SEC. 1037. REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE
INDUSTRIAL BASE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of Labor, shall submit to the Committee on Armed
Services and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Armed Services
and the Committee on Education and Labor of the House of
Representatives a report on shipbuilder training and hiring
requirements necessary to achieve the Navy's 30-year
shipbuilding plan and to maintain the shipbuilding readiness
of the defense industrial base. Such report shall include
each of the following:
(1) An analysis and estimate of the time and investment
required for new shipbuilders to gain proficiency in
particular shipbuilding occupational specialties, including
detailed information about the occupational specialty
requirements necessary for construction of naval surface ship
and submarine classes to be included in the Navy's 30-year
shipbuilding plan.
(2) An analysis of the age demographics and occupational
experience level (measured in years of experience) of the
shipbuilding defense industrial workforce.
(3) An analysis of the potential time and investment
challenges associated with developing and retaining
shipbuilding skills in organizations that lack intermediate
levels of shipbuilding experience.
(4) Recommendations concerning how to address shipbuilder
training during periods of demographic transition, including
whether emerging technologies, such as augmented reality, may
aid in new shipbuilder training.
(5) Recommendations concerning how to encourage young
adults to enter the defense shipbuilding industry and to
develop the skills necessary to support the shipbuilding
defense industrial base.
SEC. 1038. USE OF COMPETITIVE PROCEDURES FOR CVN-80 AND CVN-
81 DUAL AIRCRAFT CARRIER CONTRACT.
To the extent practicable and unless otherwise required by
law, the Secretary of the Navy shall ensure that competitive
procedures are used with respect to any task order or
delivery order issued under a dual aircraft carrier contract
relating to the CVN-80 and CVN-81.
SEC. 1039. REPORT ON EXPANDING NAVAL VESSEL MAINTENANCE.
(a) Report Required.--Not later than May 1, 2020, the
Secretary of the Navy shall submit to the congressional
defense committees a report on the feasibility and
advisability of allowing maintenance to be performed on a
naval vessel at a shipyard other than a homeport shipyard of
the vessel.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ability of homeport shipyards to
meet the current naval vessel maintenance demands.
(2) An assessment of the ability of homeport shipyards to
meet the naval vessel maintenance demands of the force
structure assessment requirement of the Navy for a 355-ship
navy.
(3) An assessment of the ability of non-homeport firms to
augment repair work at homeport shipyards, including an
assessment of the following:
(A) The capability and proficiency of shipyards in the
Great Lakes, Gulf Coast, East Coast, West Coast, and Alaska
regions to perform technical repair work on naval vessels at
locations other than their homeports.
(B) The improvements to the capability and capacity of
shipyards in the Great Lakes, Gulf Coast, East Coast, West
Coast, and Alaska regions that would be required to enable
performance of technical repair work on naval vessels at
locations other than their homeports.
(C) The types of naval vessels (such as noncombatant
vessels or vessels that only need limited periods of time in
shipyards) best suited for repair work performed by shipyards
in locations other than their homeports.
(D) The potential benefits to fleet readiness of expanding
shipyard repair work to include shipyards not located at the
homeports of naval vessels.
(E) The ability of non-homeport firms to maintain surge
capacity when homeport shipyards lack the capacity or
capability to meet homeport requirements.
(4) An assessment of the potential benefits of expanding
repair work for naval vessels to shipyards not eligible for
short-term work in accordance with section 8669a(c) of title
10, United States Code.
(5) Such other related matters as the Secretary of the Navy
considers appropriate.
(c) Rules of Construction.--
(1) Requirements relating to construction of combatant and
escort vessels and assignment of vessel projects.--Nothing in
this section may be construed to override the requirements of
section 8669a of title 10, United States Code.
(2) No funding for shipyards of non-homeport firms.--
Nothing in this section may be construed to authorize funding
for shipyards of non-homeport firms.
(d) Definitions.--In this section:
(1) Homeport shipyard.--The term ``homeport shipyard''
means a shipyard associated with a firm capable of being
awarded short-term work at the homeport of a naval vessel in
accordance with section 8669a(c) of title 10, United States
Code.
(2) Short-term work.--The term ``short-term work'' has the
meaning given that term in section 8669a(c)(4) of such title.
Subtitle D--Counterterrorism
SEC. 1041. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS TO
COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``authorized'' before
``ongoing''; and
(2) in subsection (d)(2)--
(A) in subparagraph (A), by inserting ``and a description
of the authorized ongoing operation'' before the period at
the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by striking subparagraphs (B) and inserting the
following new subparagraphs after subparagraph (A):
``(B) A description of the foreign forces, irregular
forces, groups, or individuals engaged in supporting or
facilitating the authorized ongoing operation who will
receive support provided under this section.
``(C) A detailed description of the support provided or to
be provided to the recipient.''; and
(D) by adding at the end the following new subparagraphs:
``(E) A detailed description of the legal and operational
authorities related to the authorized ongoing operation,
including relevant execute orders issued by the Secretary of
Defense and combatant commanders related to the authorized
ongoing operation, including an identification of operational
activities United States Special Operations Forces are
authorized to conduct under such execute orders.
``(F) The duration for which the support is expected to be
provided and an identification of the timeframe in which the
provision of support will be reviewed by the combatant
commander for a determination regarding the necessity of
continuation of support.''.
SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO
CONSTRUCT OR MODIFY FACILITIES IN THE UNITED
STATES TO HOUSE DETAINEES TRANSFERRED FROM
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
SEC. 1045. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as
amended by section 1032 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1953), is further amended by striking ``or
2019'' and inserting ``, 2019, or 2020''.
SEC. 1046. CHIEF MEDICAL OFFICER AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Chief Medical Officer.--
(1) In general.--There shall be at United States Naval
Station, Guantanamo Bay, Cuba, a Chief Medical Officer of
United States Naval
[[Page H9500]]
Station, Guantanamo Bay (in this section referred to as the
``Chief Medical Officer'').
(2) Grade.--The individual serving as Chief Medical Officer
shall be an officer of the Armed Forces who holds a grade not
below the grade of colonel, or captain in the Navy.
(3) Chain of command.--Notwithstanding sections 162 and 164
of title 10, United States Code, the Chief Medical Officer
shall be assigned and report to the Assistant Secretary of
Defense for Health Affairs, with duty at United States Naval
Station, Guantanamo Bay, Cuba, in the performance of duties
and the exercise of powers of the Chief Medical Officer under
this section.
(b) Duties.--
(1) In general.--The Chief Medical Officer shall oversee
the provision of medical care to individuals detained at
Guantanamo.
(2) Quality of care.--The Chief Medical Officer shall
ensure that medical care provided as described in paragraph
(1) meets applicable standards of care.
(c) Powers.--
(1) In general.--The Chief Medical Officer shall make
medical determinations relating to medical care for
individuals detained at Guantanamo, including--
(A) decisions regarding assessment, diagnosis, and
treatment; and
(B) determinations concerning medical accommodations to
living conditions and operating procedures for detention
facilities.
(2) Resolution of declination to follow determinations.--If
the commander of Joint Task Force Guantanamo or the Commander
of United States Southern Command declines to follow a
determination of the Chief Medical Officer under paragraph
(1), the matter covered by such determination shall be
resolved by the Assistant Secretary of Defense for Health
Affairs, in consultation with the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict,
not later than seven days after receipt by both Assistant
Secretaries of written notification of the matter from the
Chief Medical Officer.
(3) Security clearances.--The appropriate departments or
agencies of the Federal Government shall, to the extent
practicable in accordance with existing procedures and
requirements, process expeditiously any application and
adjudication for a security clearance required by the Chief
Medical Officer to carry out the Chief Medical Officer's
duties and powers under this section.
(d) Access to Individuals, Information, and Assistance.--
(1) In general.--The Chief Medical Officer may secure
directly from the Department of Defense access to any
individual, information, or assistance that the Chief Medical
Officer considers necessary to enable the Chief Medical
Officer to carry out this section, including full access to
the following:
(A) Any individual detained at Guantanamo.
(B) Any medical records of any individual detained at
Guantanamo.
(C) Medical professionals of the Department who are
working, or have worked, at United States Naval Station,
Guantanamo Bay.
(2) Access upon request.--Upon request of the Chief Medical
Officer, the Department shall make available to the Chief
Medical Officer on an expeditious basis access to
individuals, information, and assistance as described in
paragraph (1).
(3) Lack of expeditious availability.--If access to
individuals, information, or assistance is not made available
to the Chief Medical Officer upon request on an expeditious
basis as required by paragraph (2), the Chief Medical Officer
shall notify the Assistant Secretary of Defense for Health
Affairs and the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict, who shall take actions
to resolve the matter expeditiously.
(e) Definitions.--In this section:
(1) Individual detained at guantanamo defined.--The term
``individual detained at Guantanamo'' means an individual
located at United States Naval Station, Guantanamo Bay, Cuba,
as of October 1, 2009, who--
(A) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or a member of the Armed Forces of the
United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or
(ii) otherwise detained at United States Naval Station,
Guantanamo Bay.
(2) Medical care.--The term ``medical care'' means physical
and mental health care.
(3) Standard of care.--The term ``standard of care'' means
evaluation and treatment that is accepted by medical experts
and reflected in peer-reviewed medical literature as the
appropriate medical approach for a condition, symptoms,
illness, or disease and that is widely used by healthcare
professionals.
SEC. 1047. INDEPENDENT ASSESSMENT ON GENDER AND COUNTERING
VIOLENT EXTREMISM.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of State, shall seek to enter into a
contract with a nonprofit entity or a federally funded
research and development center independent of the Department
of Defense and the Department of State to conduct research
and analysis on the relationship between gender and violent
extremism.
(b) Elements.--The research and analysis conducted under
subsection (a) shall include consideration of the following:
(1) The probable causes and historical trends of women's
participation in violent extremist organizations.
(2) Potential ways in which women's participation in
violent extremism is likely to change in the near- and
medium-term.
(3) The relationship between violent extremism and each of
the following:
(A) Gender-based violence, abduction, and human
trafficking.
(B) The perceived role or value of women at the community
level, including with respect to property and inheritance
rights and bride-price and dowry.
(C) Community opinions of killing or harming of women.
(D) Violations of girls' rights, including child, early,
and forced marriage and access to education.
(4) Ways for the Department of Defense to engage and
support women and girls who are vulnerable to extremist
behavior and activities as a means to counter violent
extremism and terrorism.
(c) Utilization.--The Secretary of Defense and the
Secretary of State shall utilize the results of the research
and analysis conducted under subsection (a) to inform the
strategic and operational objectives of the geographic
combatant command, where appropriate. Such utilization shall
be in accordance with the Women, Peace, and Security Act of
2017 (Public Law 115-68; 22 U.S.C. 2152j et seq.).
(d) Reports.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the nonprofit entity or federally
funded research and development center with which the
Secretary of Defense enters into the contract under
subsection (a) shall submit to the Secretary of Defense and
Secretary of State a report on the results of the research
and analysis required by subsection (a).
(2) Submission to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees each of the following:
(A) A copy of the report submitted under paragraph (1)
without change.
(B) Any comments, changes, recommendations, or other
information provided by the Secretary of Defense and the
Secretary of State relating to the research and analysis
required by subsection (a) and contained in such report.
(3) Appropriate congressional committees.--In this
paragraph, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1051. SCHEDULING OF DEPARTMENT OF DEFENSE EXECUTIVE
AIRCRAFT CONTROLLED BY SECRETARIES OF MILITARY
DEPARTMENTS.
(a) In General.--Chapter 2 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 120. Department of Defense executive aircraft
controlled by Secretaries of military departments
``(a) In General.--The Secretary of Defense shall ensure
that the Chief of the Air Force Special Air Mission Office is
given the responsibility for coordination of scheduling all
Department of Defense executive aircraft controlled by the
Secretaries of the military departments in order to support
required use travelers.
``(b) Responsibilities.--(1) Not later than 180 days after
the date of the enactment of this section, the Secretary of
each of the military departments shall execute a memorandum
of understanding with the Air Force Special Air Mission
Office regarding oversight and management of executive
aircraft controlled by that military department.
``(2) The Secretary of Defense shall be responsible for
prioritizing travel when requests exceed available executive
airlift capability.
``(3) The Secretary of a military department shall maintain
overall authority for scheduling the required use travelers
of that military department on executive aircraft controlled
by the Secretary. When an executive aircraft controlled by
the Secretary of a military department is not supporting
required use travelers of that military department, the
Secretary of the military department shall make such
executive aircraft available for scheduling of other required
use travelers.
``(c) Limitations.--(1) The Secretary of Defense may not
establish a new command and control organization to support
aircraft.
``(2) No executive aircraft controlled by the Secretary of
a military department may be permanently stationed at any
location without a required use traveler without the approval
of the Secretary of Defense.
``(d) Definitions.--In this section:
``(1) The term `required use traveler' has the meaning
given such term in Department of Defense directive 4500.56,
as in effect on the date of the enactment of this section.
``(2) The term `executive aircraft' has the meaning given
such term in Department of Defense directive 4500.43, as in
effect on the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``120. Department of Defense executive aircraft controlled by
Secretaries of military departments.''.
SEC. 1052. EXPLOSIVE ORDNANCE DEFENSE DISPOSAL PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Subsection
(b) of section 2284 of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1)--
[[Page H9501]]
(A) in subparagraph (A), by inserting ``and'' after the
semicolon;
(B) by redesignating subparagraph (B) as paragraph (2),
moving it to appear after paragraph (1), and adjusting the
margins accordingly;
(C) by redesignating subparagraph (C) as subparagraph (B);
(D) in subparagraph (B), as so redesignated--
(i) by striking ``joint program executive officer who'' and
inserting ``training and technology program that'';
(ii) by inserting ``, provides common individual
training,'' after ``explosive ordnance disposal'';
(iii) by striking ``and procurement'';
(iv) by inserting ``for common tools'' after
``activities'';
(v) by striking ``and combatant commands''; and
(E) by striking subparagraphs (D) and (E);
(3) in paragraph (2), as redesignated by paragraph (2)(B)
of this subsection, by inserting ``(A)'' after ``paragraph
(1)'';
(4) in paragraph (3), as redesignated by paragraph (1) of
this subsection, by striking ``such as weapon systems, manned
and unmanned vehicles and platforms, cyber and communication
equipment, and the integration of explosive ordnance disposal
sets, kits and outfits and explosive ordnance disposal tools,
equipment, sets, kits, and outfits developed by the
department.'' and inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(4) the Secretary of the Army shall designate an Army
explosive ordnance disposal-qualified general officer to
serve as the co-chair of the Department of Defense explosive
ordnance disposal defense program.''.
(b) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `explosive ordnance' has the meaning given
such term in section 283(d) of this title.
``(2) The term `explosive ordnance disposal' means the
detection, identification, on-site evaluation, rendering
safe, exploitation, recovery, and final disposal of explosive
ordnance.''.
SEC. 1053. TECHNICAL CORRECTION AND EXTENSION OF REPORTING
REQUIREMENT REGARDING ENHANCEMENT OF
INFORMATION SHARING AND COORDINATION OF
MILITARY TRAINING BETWEEN DEPARTMENT OF
HOMELAND SECURITY AND DEPARTMENT OF DEFENSE.
Section 1014 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) by striking ``section 371 of title 10, United States
Code'' each place it appears and inserting ``section 271 of
title 10, United States Code''; and
(2) in subsection (d)(3) by striking ``January 31, 2020''
and inserting ``December 31, 2022''.
SEC. 1054. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE
SUPPORT.
Section 1055(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note)
is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraph (C) as subparagraph (E);
and
(B) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) A description of the required duration of the
support.
``(D) A description of the initial costs for the
support.''; and
(2) by adding at the end the following new paragraph:
``(5) Sustainment costs.--If the Secretary determines that
sustainment costs will be incurred as a result of the
provision of defense sensitive support, the Secretary, not
later than 15 days after the initial provision of such
support, shall certify to the congressional defense
committees (and the congressional intelligence committees
with respect to matters relating to members of the
intelligence community) that such sustainment costs will not
interfere with the ability of the Department to execute
operations, accomplish mission objectives, and maintain
readiness.''.
SEC. 1055. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE
FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIANS OVERSEAS.
(a) Eligibility for Free Mail.--Section 3401(a) of title
39, United States Code, is amended to read as follows:
``(a)(1) First-class letter mail having the character of
personal correspondence shall be carried, at no cost to the
sender, in the manner provided by this section, when mailed
by an eligible individual described in paragraph (2) and
addressed to a place within the delivery limits of a United
States post office, if--
``(A) such letter mail is mailed by the eligible individual
at an Armed Forces post office established in an overseas
area designated by the President, where the Armed Forces of
the United States are deployed for a contingency operation as
determined by the Secretary of Defense; or
``(B) the eligible individual is hospitalized as a result
of disease or injury incurred as a result of service in an
overseas area designated by the President under subparagraph
(A).
``(2) An eligible individual described in this paragraph
is--
``(A) a member of the Armed Forces of the United States on
active duty, as defined in section 101 of title 10; or
``(B) a civilian employee of the Department of Defense or a
military department who is providing support to military
operations.''.
(b) Surface Shipment of Mail Authorized.--Section 3401 of
title 39, United States Code, is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f), respectively; and
(3) by amending subsection (b) to read as follows:
``(b) There shall be transported by surface or air,
consistent with the service purchased by the mailer, between
Armed Forces post offices or from an Armed Forces post office
to a point of entry into the United States, the following
categories of mail matter which are mailed at any such Armed
Forces post office:
``(1) Letter mail communications having the character of
personal correspondence.
``(2) Any parcel exceeding 1 pound in weight but less than
70 pounds in weight and less than 130 inches in length and
girth combined.
``(3) Publications published not less frequently than once
per week and featuring principally current news of interest
to members of the Armed Forces of the United States and the
general public.''.
(c) Technical and Conforming Amendments.--
(1) Section 3401 of title 39, United States Code, is
amended in the section heading by striking ``and of friendly
foreign nations''.
(2) The table of sections for chapter 34 of title 39,
United States Code, is amended by striking the item relating
to section 3401 and inserting the following:
``3401. Mailing privileges of members of Armed Forces of the United
States.''.
SEC. 1056. ACCESS TO AND USE OF MILITARY POST OFFICES BY
UNITED STATES CITIZENS EMPLOYED OVERSEAS BY THE
NORTH ATLANTIC TREATY ORGANIZATION WHO PERFORM
FUNCTIONS IN SUPPORT OF MILITARY OPERATIONS OF
THE ARMED FORCES.
Section 406 of title 39, United States Code, is amended by
adding at the end the following:
``(c)(1) The Secretary of Defense may authorize the use of
a post office established under subsection (a) in a location
outside the United States by citizens of the United States--
``(A) who--
``(i) are employed by the North Atlantic Treaty
Organization; and
``(ii) perform functions in support of the Armed Forces of
the United States; and
``(B) if the Secretary makes a written determination that
such use is--
``(i) in the best interests of the Department of Defense;
and
``(ii) otherwise authorized by applicable host nation law
or agreement.
``(2) No funds may be obligated or expended to establish,
maintain, or expand a post office established under
subsection (a) for the purpose of use described in paragraph
(1) of this subsection.''.
SEC. 1057. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE
INTELLIGENCE AND COUNTERINTELLIGENCE
ACTIVITIES.
(a) In General.--Subject to subsections (b) and (c), the
Secretary of Defense may expend amounts made available for
the Military Intelligence Program for any of fiscal years
2020 through 2025 for intelligence and counterintelligence
activities for any purpose the Secretary determines to be
proper with regard to intelligence and counterintelligence
objects of a confidential, extraordinary, or emergency
nature. Such a determination is final and conclusive upon the
accounting officers of the United States.
(b) Limitation on Amount.--The Secretary of Defense may not
expend more than five percent of the amounts described in
subsection (a) for any fiscal year for objects described in
that subsection unless--
(1) the Secretary notifies the congressional defense
committees and the congressional intelligence committees of
the intent to expend the amounts and purpose of the
expenditure; and
(2) 30 days have elapsed from the date on which the
Secretary provides the notice described in paragraph (1).
(c) Certification.--For each expenditure of funds under
this section, the Secretary shall certify that such
expenditure was made for an object of a confidential,
extraordinary, or emergency nature.
(d) Report.--Not later than December 31 of each of 2020
through 2025, the Secretary of Defense shall submit to the
congressional defense committees and the congressional
intelligence committees a report on expenditures made under
this section during the fiscal year preceding the year in
which the report is submitted. Each such report shall
include, for each expenditure under this section during the
fiscal year covered by the report, a description, the
purpose, the program element, and the certification required
under section (c).
(e) Limitation on Delegations.--The Secretary of Defense
may not delegate the authority under this section with
respect to any expenditure in excess of $100,000.
(f) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1058. LIMITATION ON USE OF FUNDS FOR THE INACTIVATION OF
ARMY WATERCRAFT UNITS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 may be
obligated or expended for the inactivation of any Army
watercraft unit until the Secretary of Defense submits to
Congress certification that--
(1) the Secretary has completed the Army Watercraft
Requirements Review; and
(2) the Secretary has entered into a contract with a
federally funded research and development corporation for the
review of the ability of
[[Page H9502]]
the Army to meet the watercraft requirements of the combatant
commanders and the effects on preparedness to provide support
to States and territories in connection with natural
disasters, threats, and emergencies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Report on the probationary period for Department of Defense
employees.
Sec. 1103. Civilian personnel management.
Sec. 1104. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1105. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1106. Performance of civilian functions by military personnel.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
Sec. 1108. Authority to provide additional allowances and benefits for
certain Defense Clandestine Service employees.
Sec. 1109. Modification of direct hire authorities for the Department
of Defense.
Sec. 1110. Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act.
Sec. 1111. Continuing supplemental dental and vision benefits and long-
term care insurance coverage during a Government
shutdown.
Sec. 1112. Limitation on transfer of Office of Personnel Management.
Sec. 1113. Assessment of Accelerated Promotion Program suspension.
Sec. 1114. Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and relocation.
Sec. 1115. Clarification of limitation on expedited hiring authority
for post-secondary students.
Sec. 1116. Modification of temporary assignments of Department of
Defense employees to a private-sector organization.
Sec. 1117. Extension of authority for part-time reemployment.
Subtitle B--Fair Chance Act
Sec. 1121. Short title.
Sec. 1122. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 1123. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 1124. Report on employment of individuals formerly incarcerated in
Federal prisons.
Subtitle C--ATC Hiring Reform
Sec. 1131. Short title; definition.
Sec. 1132. Hiring of air traffic control specialists.
Sec. 1133. Ensuring hiring preference for applicants with experience at
an air traffic control facility of the National Guard.
Sec. 1134. FAA reports on air traffic controller hiring and training.
Sec. 1135. DOT Inspector General review and report.
Subtitle A--General Provisions
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
PERSONNEL MANAGEMENT AUTHORITY.
Section 1599h(b)(1)(B) of title 10, United States Code, is
amended by striking ``100 positions'' and inserting ``140
positions''.
SEC. 1102. REPORT ON THE PROBATIONARY PERIOD FOR DEPARTMENT
OF DEFENSE EMPLOYEES.
(a) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct an independent review on the probationary
periods applicable to Department of Defense employees under
section 1599e of title 10, United States Code; and
(2) submit a report on such review to the Committees on
Armed Services and Oversight and Reform of the House of
Representatives and the Committees on Armed Services and
Homeland Security and Governmental Affairs of the Senate.
(b) Contents.--The review and report under subsection (a)
shall cover the period beginning on the date of the enactment
of such section 1599e and ending on December 31, 2018, and
include the following:
(1) An assessment and identification of the demographics of
each Department of Defense employee who, during such period,
was on a probationary period and who was removed from the
civil service, subject to any disciplinary action (up to and
including removal), or who filed a claim or appeal with the
Office of Special Counsel or the Equal Employment Opportunity
Commission.
(2) A statistical assessment of the distribution patterns
with respect to any removal from the civil service during
such period of, or any disciplinary action (up to and
including a removal) taken during such period against, any
Department employee while the employee was on a probationary
period.
(3) An analysis of the best practices and abuses of
discretion by supervisors and managers of the Department with
respect to probationary periods.
(4) An assessment of the utility of the probationary period
prescribed by such section 1599e on the successful
recruitment, retention, and professional development of
civilian employees of the Department, including any
recommendation for regulatory or statutory changes the
Secretary determines to be appropriate.
(5) A discussion of the cases where the Department made a
determination to remove a Department employee during the
second year of such employee's probationary period.
(6) A summary of how the Department has implemented the
authority provided in such section 1599e with respect to
probationary periods, including the number, and a demographic
summary, of each Department employee removed from the civil
service, subject to any disciplinary action (up to and
including removal), or who filed a claim or appeal with the
Office of Special Counsel or the Equal Employment Opportunity
Commission during the second year of any such employee's
probationary period.
(c) Consultation.--The analysis and recommendations in the
report required under subsection (a) shall be prepared in
consultation with Department of Defense employees and
managers, labor organizations representing such employees,
staff of the Office of Special Counsel and the Equal
Employment Opportunity Commission, and attorneys representing
Department employees in wrongful termination actions.
SEC. 1103. CIVILIAN PERSONNEL MANAGEMENT.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``each fiscal year''
and inserting ``each fiscal year primarily''; and
(B) in the second sentence--
(i) by striking ``Any'' and inserting ``The management of
such personnel in any fiscal year shall not be subject solely
to any''; and
(ii) by striking ``shall be developed'' and all that
follows through ``changed circumstances''; and
(2) in subsection (c)(2)--
(A) in each of subparagraphs (A) and (B), by inserting
``and associated cost'' after each instance of ``projected
size''; and
(B) in subparagraph (B), by striking ``that have been
taken'' and all that follows through the period and inserting
``to reduce the overall costs of the total force of military,
civilian, and contract workforces.''.
SEC. 1104. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1115 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is further amended by striking ``2020'' and
inserting ``2021''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1104(a) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2001), is further amended by striking
``through 2019'' and inserting ``through 2020''.
SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY
PERSONNEL.
Subparagraph (B) of paragraph (1) of subsection (g) of
section 129a of title 10, United States Code, is amended to
read as follows:
``(B) such functions may be performed by military personnel
for a period that does not exceed one year if the Secretary
of the military department concerned determines that--
``(i) the performance of such functions by military
personnel is required to address critical staffing needs
resulting from a reduction in personnel or budgetary
resources by reason of an Act of Congress; and
``(ii) the military department concerned is in compliance
with the policies, procedures, and analysis required by this
section and section 129 of this title.''.
SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC
INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND
TEST FACILITIES BASE.
(a) In General.--Subsection (a) of section 1125 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), as amended by subsection (a) of section
1102 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91), is further amended by striking
``through 2021,'' and inserting ``through 2025,''.
(b) Briefing.--Subsection (b) of such section 1102 is
amended by striking ``fiscal years 2019 and 2021'' and
inserting ``fiscal years 2019 through 2025''.
SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND
BENEFITS FOR CERTAIN DEFENSE CLANDESTINE
SERVICE EMPLOYEES.
Section 1603 of title 10, United States Code, is amended by
adding at the end the following new subsection:
[[Page H9503]]
``(c) Additional Allowances and Benefits for Certain
Employees of the Defense Clandestine Service.--(1) Beginning
on the date on which the Secretary of Defense submits the
report under paragraph (3)(A), in addition to the authority
to provide compensation under subsection (a), the Secretary
may provide a covered employee allowances and benefits under
paragraph (1) of section 9904 of title 5 without regard to
the limitations in that section--
``(A) that the employee be assigned to activities outside
the United States; or
``(B) that the activities to which the employee is assigned
be in support of Department of Defense activities abroad.
``(2) The Secretary may not provide allowances and benefits
under paragraph (1) to more than 125 covered employees per
year.
``(3)(A) The Secretary shall submit to the appropriate
congressional committees a report containing a strategy
addressing the mission of the Defense Clandestine Service
during the period covered by the most recent future-years
defense program submitted under section 221 of this title,
including--
``(i) how such mission will evolve during such period;
``(ii) how the authority provided by paragraph (1) will
assist the Secretary in carrying out such mission; and
``(iii) an implementation plan for carrying out paragraph
(1), including a projection of how much the amount of the
allowances and benefits provided under such paragraph compare
with the amount of the allowances and benefits provided
before the date of the report.
``(B) Not later than December 31, 2020, and each year
thereafter, the Secretary shall submit to the appropriate
congressional committees a report, with respect to the fiscal
year preceding the date on which the report is submitted--
``(i) identifying the number of covered employees for whom
the Secretary provided allowances and benefits under
paragraph (1); and
``(ii) evaluating the efficacy of such allowances and
benefits in enabling the execution of the objectives of the
Defense Intelligence Agency.
``(C) The reports under subparagraphs (A) and (B) may be
submitted in classified form.
``(4) In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the congressional defense committees; and
``(ii) the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.
``(B) The term `covered employee' means an employee in a
defense intelligence position who is assigned to the Defense
Clandestine Service at a location in the United States that
the Secretary determines has living costs equal to or higher
than the District of Columbia.''.
SEC. 1109. MODIFICATION OF DIRECT HIRE AUTHORITIES FOR THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 9905 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (2) to read as follows:
``(2) Any cyber workforce position.''; and
(B) by adding afer paragraph (4) the following:
``(5) Any scientific, technical, engineering, or
mathematics positions, including technicians, within the
defense acquisition workforce, or any category of acquisition
positions within the Department designated by the Secretary
as a shortage or critical need category.
``(6) Any scientific, technical, engineering, or
mathematics position, except any such position within any
defense Scientific and Technology Reinvention Laboratory, for
which a qualified candidate is required to possess a
bachelor's degree or an advanced degree, or for which a
veteran candidate is being considered.
``(7) Any category of medical or health professional
positions within the Department designated by the Secretary
as a shortage category or critical need occupation.
``(8) Any childcare services position for which there is a
critical hiring need and a shortage of childcare providers.
``(9) Any financial management, accounting, auditing,
actuarial, cost estimation, operational research, or business
or business administration position for which a qualified
candidate is required to possess a finance, accounting,
management or actuarial science degree or a related degree,
or a related degree of equivalent experience.
``(10) Any position, as determined by the Secretary, for
the purpose of assisting and facilitating the efforts of the
Department in business transformation and management
innovation.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2),
effective on September 30, 2025, the authority provided under
subsection (a) shall expire.
``(2) Exception.--Paragraph (1) shall not apply to the
authority provided under subsection (a) to make appointments
to positions described under paragraph (5) of such
subsection.
``(c) Suspension of Other Hiring Authorities.--During the
period beginning on the effective date of the regulations
issued to carry out the hiring authority with respect to
positions described in paragraphs (5) through (10) of
subsection (a) and ending on the date described in subsection
(b)(1), the Secretary of Defense may not exercise or
otherwise use any hiring authority provided under the
following provisions of law:
``(1) Sections 1599c(a)(2) and 1705(h) of title 10.
``(2) Sections 1112 and 1113 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1033).
``(3) Sections 1110 and 1643(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2450 and 2602).
``(4) Sections 559 and 1101 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1406 and 1627).''.
(b) Report.--
(1) In general.--Not later than February 1, 2021, the
Secretary of Defense, in coordination with the Director of
the Office of Personnel Management, shall provide for the
conduct of an independent review and report to the
congressional defense committees and the Committee on
Oversight and Reform of the House of Representatives.
(2) Contents.--The report required under paragraph (1)
shall--
(A) assess and identify steps that could be taken to
improve the competitive hiring process at the Department and
ensure that direct hiring is conducted in a manner consistent
with ensuring a merit based civil service and a diverse
workforce in the Department and the rest of the Federal
Government; and
(B) consider the feasibility and desirability of using
cohort hiring, or hiring ``talent pools'', instead of
conducting all hiring on a position-by-position basis.
(3) Consultation.--The analysis and recommendations in the
report required under paragraph (1) shall be prepared in
consultation with all stakeholders, public sector unions,
hiring managers, career agency, and Office of Personnel
Management personnel specialists, and after a survey of
public sector employees and job applicants.
SEC. 1110. DESIGNATING CERTAIN FEHBP AND FEGLI SERVICES
PROVIDED BY FEDERAL EMPLOYEES AS EXCEPTED
SERVICES UNDER THE ANTI-DEFICIENCY ACT.
(a) FEHBP.--Section 8905 of title 5, United States Code, is
amended by adding at the end the following:
``(i) Any services by an officer or employee under this
chapter relating to enrolling individuals in a health
benefits plan under this chapter, or changing the enrollment
of an individual already so enrolled, shall be deemed, for
purposes of section 1342 of title 31, services for
emergencies involving the safety of human life or the
protection of property.''.
(b) FEGLI.--Section 8702 of title 5, United States Code, is
amended by adding at the end the following:
``(d) Any services by an officer or employee under this
chapter relating to benefits under this chapter shall be
deemed, for purposes of section 1342 of title 31, services
for emergencies involving the safety of human life or the
protection of property.''.
(c) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out the amendments made
by subsections (a) and (b).
(2) Pay status for furloughed employees.--The regulations
prescribed under paragraph (1) for the amendments made by
subsection (a) shall provide that an employee furloughed as
result of a lapse in appropriations shall, during such lapse,
be deemed to be in a pay status for purposes of enrolling or
changing the enrollment (as the case may be) of that employee
under chapter 89 of title 5, United States Code.
(d) Application.--The amendments made by subsection (a) and
(b) shall apply to any lapse in appropriations beginning on
or after the date of enactment of this Act.
SEC. 1111. CONTINUING SUPPLEMENTAL DENTAL AND VISION BENEFITS
AND LONG-TERM CARE INSURANCE COVERAGE DURING A
GOVERNMENT SHUTDOWN.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 8956, by adding at the end the following:
``(d) Coverage under a dental benefits plan under this
chapter for any employee or a covered TRICARE-eligible
individual enrolled in such a plan and who, as a result of a
lapse in appropriations, is furloughed or excepted from
furlough and working without pay shall continue during such
lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.'';
(2) in section 8986, by adding at the end the following:
``(d) Coverage under a vision benefits plan under this
chapter for any employee or a covered TRICARE-eligible
individual enrolled in such a plan and who, as a result of a
lapse in appropriations, is furloughed or excepted from
furlough and working without pay shall continue during such
lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.''; and
(3) in section 9003, by adding at the end the following:
``(e) Effect of Government Shutdown.--Coverage under a
master contract under this chapter for long-term care
insurance for an employee or member of the uniformed services
enrolled under such contract and who, due to a lapse in
appropriations, is furloughed or excepted from furlough and
working without pay shall continue during such lapse and may
not be cancelled as a result of nonpayment of premiums or
other periodic charges due to such lapse.''.
(b) Regulations.--
(1) In general.--Consistent with paragraph (2), the
Director of the Office of Personnel Management shall
prescribe regulations under which premiums for supplemental
dental, supplemental vision, or long-term care insurance
under chapter 89A, 89B, or 90 (respectively) of title 5,
United States Code, (as amended by subsection (a)) that are
unpaid by an employee, a covered
[[Page H9504]]
TRICARE-eligible individual, or a member of the uniformed
services (as the case may be), as a result of that employee,
covered TRICARE-eligible individual, or member being
furloughed or excepted from furlough and working without pay
as a result of a lapse in appropriations, are paid to the
applicable carrier from back pay made available to the
employee or member as soon as practicable upon the end of
such lapse.
(2) Long-term care premiums from source other than
backpay.--The regulations promulgated under paragraph (1) for
the amendments made by subsection (a)(3) may provide, with
respect to any individual who elected under section 9004(d)
of title 5, United States Code, to pay premiums directly to
the carrier, that such individual may continue to pay
premiums pursuant to such election instead of from back pay
made available to such individual.
(c) Application.--The amendments made by subsection (a)
shall apply to any contract for supplemental dental,
supplemental vision, or long-term care insurance under
chapter 89A, 89B, or 90 (respectively) of title 5, United
States Code, entered into before, on, or after the date of
enactment of this Act.
SEC. 1112. LIMITATION ON TRANSFER OF OFFICE OF PERSONNEL
MANAGEMENT.
(a) In General.--No person may assign, transfer,
transition, merge, or consolidate any function,
responsibility, authority, service, system, or program that
is assigned in law to the Office of Personnel Management to
or with the General Services Administration, the Office of
Management and Budget, or the Executive Office of the
President, until on or after the date that is 180 days after
the date on which the report required by subsection (c) is
submitted to the appropriate committees of Congress, and
subject to the enactment of any legislation required.
(b) Independent Study and Report.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of the Office of
Personnel Management (in this section referred to as the
``Director'') shall contract with the National Academy of
Public Administration (in this section referred to as the
``Academy'') to conduct a study addressing each of the
elements set forth in paragraph (3) and to report the
findings and recommendations derived from such study.
(2) Deadline.--Not later than one year after the date the
contract required by paragraph (1) is entered into, the
Academy shall submit the report prepared under such contract
to the Director and the appropriate committees of Congress.
(3) Requirements.--The study and report required by
paragraph (1) and (2) shall include a comprehensive
assessment and analysis of--
(A) the statutory mandates assigned to the Office of
Personnel Management and the challenges associated with the
Office's execution of those mandates;
(B) the non-statutory functions, responsibilities,
authorities, services, systems, and programs performed or
executed by the Office of Personnel Management; the Office's
justification for carrying out such functions,
responsibilities, authorities, services, systems, and
programs; and the challenges associated with the Office's
execution of same;
(C) the means, options, and recommended courses of action
for addressing the challenges identified pursuant to
subparagraphs (A) and (B), including an analysis of the
benefits, costs, and feasibility of each option and the
effect of each on labor-management agreements;
(D) a timetable for the implementation of options and
recommended courses of action identified pursuant to
subparagraph (C);
(E) statutory or regulatory changes necessary to execute
any course of action recommended;
(F) the methods for involving, engaging with, and receiving
input from other Federal agencies, departments, and entities
potentially affected by any change in the structure,
functions, responsibilities, authorities of the Office of
Personnel Management that may be recommended;
(G) the views of identified stakeholders, including other
Federal agencies, departments, and entities; non-Federal
entities or organizations representing customers or intended
beneficiaries of Office of Personnel Management functions,
services, systems, or programs; and such individual customers
and intended beneficiaries; and
(H) such other matters as the Director may prescribe.
(c) OPM Report.--
(1) In general.--Not later than 180 days after the date on
which the report is submitted pursuant to subsection (b)(2)
to the Director and the appropriate committees of Congress,
the Director, in consultation with the General Services
Administration, the Office of Management and Budget, and
other appropriate Federal agencies, departments, or entities,
shall submit to the appropriate committees of Congress a
report on the views of the Office of Personnel Management on
the findings and recommendations set forth in the report
prepared under subsection (b), together with any
recommendations for changes in the structure, functions,
responsibilities, and authorities of the Office of Personnel
Management.
(2) Business case analysis.--Any recommendation submitted
in the report under paragraph (1) for change shall be
accompanied by a business case analysis setting forth the
operational efficiencies and cost savings (in both the short-
and long-terms) associated with such change, and a proposal
for legislative or administrative action required to effect
the change proposed.
(d) Definition of Appropriate Committees of Congress.--For
purposes of this section, the term ``appropriate committees
of Congress'' are the Committees on Appropriations and
Homeland Security and Governmental Affairs of the Senate and
the Committees on Appropriations and Oversight and Reform of
the House of Representatives.
SEC. 1113. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM
SUSPENSION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
conduct an assessment of the impacts resulting from the
Navy's suspension in 2016 of the Accelerated Promotion
Program (in this section referred to as the ``APP'').
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the number of employees who were
hired at the four public shipyards between January 23, 2016,
and December 22, 2016, covering the period in which APP was
suspended, and who would have otherwise been eligible for APP
had the program been in effect at the time they were hired.
(2) An assessment for employees identified in paragraph (1)
to determine the difference between wages earned from the
date of hire to the date on which wage data is collected for
purposes of the assessment and the wages which would have
been earned during this same period had that employee
participated in APP from the date of hire and been promoted
according to the average promotion timeframe for participants
hired in the five-year period prior to the suspension.
(3) An assessment for each employee identified in paragraph
(1) to determine at what grade and step each effected
employee who would have met the required experience and
training to qualify for an accelerated promotion would be on
October 1, 2020, had that employee been promoted according to
the average promotion timeframe for participants hired in the
five-year period prior to the suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take
measures using those authorities to provide the pay
difference and corresponding interest to each effected
employee who has otherwise met the required experience and
training to qualify for an accelerated promotion identified
in paragraph (2) and directly promote the employee to the
grade and step identified in paragraph (3).
(c) Report.--The Secretary shall submit to the
congressional defense committees a report on the results of
the assessment required under subsection (a) by not later
than June 1, 2020, and shall provide interim briefings upon
request.
SEC. 1114. REIMBURSEMENT FOR FEDERAL, STATE, AND LOCAL INCOME
TAXES INCURRED DURING TRAVEL, TRANSPORTATION,
AND RELOCATION.
(a) In General.--Section 5724b of title 5, United States
Code, is amended--
(1) in the section heading, by striking ``of employees
transferred'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``employee, or by an
employee and such employee's spouse (if filing jointly), for
any moving or storage'' and inserting ``individual, or by an
individual and such individual's spouse (if filing jointly),
for any travel, transportation, or relocation''; and
(B) in the second sentence, by striking ``employee'' and
inserting ``individual, or the individual''; and
(3) by striking subsection (b) and inserting the following:
``(b) For purposes of this section, the term `travel,
transportation, or relocation expenses' means all travel,
transportation, or relocation expenses reimbursed or
furnished in kind pursuant to this subchapter of chapter
41.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by striking the item relating to section 5724b and
inserting the following:
``5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses''.
(c) Retroactive Effective Date.--The amendments made by
this section shall take effect on January 1, 2018.
SEC. 1115. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING
AUTHORITY FOR POST-SECONDARY STUDENTS.
Section 3116(d)(1) of title 5, United States Code, is
amended to read as follows:
``(1) In general.--Except as provided in paragraph (2), the
total number of students that the head of an agency may
appoint under this section during a fiscal year may not
exceed the number equal to 15 percent of the number of
students that the agency head appointed during the previous
fiscal year to a position at the GS-11 level, or an
equivalent level, or below.''.
SEC. 1116. MODIFICATION OF TEMPORARY ASSIGNMENTS OF
DEPARTMENT OF DEFENSE EMPLOYEES TO A PRIVATE-
SECTOR ORGANIZATION.
Section 1599g(e)(2)(A) of title 10, United States Code, is
amended by inserting ``permanent'' after ``without the''.
SEC. 1117. EXTENSION OF AUTHORITY FOR PART-TIME REEMPLOYMENT.
(a) Civil Service Retirement System.--Section 8344(l)(7) of
title 5, United States Code, is amended by striking
``December 31, 2019'' and inserting ``December 31, 2024''.
(b) Federal Employees Retirement System.--Section
8468(i)(7) of title 5, United States Code, is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2024''.
Subtitle B--Fair Chance Act
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance to Compete
for Jobs Act of 2019'' or the ``Fair Chance Act''.
SEC. 1122. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United
States Code, is amended by adding at the end the following:
[[Page H9505]]
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record
information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as such
term is defined in section 105 and includes--
``(A) the United States Postal Service and the Postal
Regulatory Commission; and
``(B) the Executive Office of the President;
``(2) the term `appointing authority' means an employee in
the executive branch of the Government of the United States
that has authority to make appointments to positions in the
civil service;
``(3) the term `conditional offer' means an offer of
employment in a position in the civil service that is
conditioned upon the results of a criminal history inquiry;
``(4) the term `criminal history record information'--
``(A) except as provided in subparagraphs (B) and (C), has
the meaning given the term in section 9101(a);
``(B) includes any information described in the first
sentence of section 9101(a)(2) that has been sealed or
expunged pursuant to law; and
``(C) includes information collected by a criminal justice
agency, relating to an act or alleged act of juvenile
delinquency, that is analogous to criminal history record
information (including such information that has been sealed
or expunged pursuant to law); and
``(5) the term `suspension' has the meaning given the term
in section 7501.
``Sec. 9202. Limitations on requests for criminal history
record information
``(a) Inquiries Prior to Conditional Offer.--Except as
provided in subsections (b) and (c), an employee of an agency
may not request, in oral or written form (including through
the Declaration for Federal Employment (Office of Personnel
Management Optional Form 306) or any similar successor form,
the USAJOBS internet website, or any other electronic means)
that an applicant for an appointment to a position in the
civil service disclose criminal history record information
regarding the applicant before the appointing authority
extends a conditional offer to the applicant.
``(b) Otherwise Required by Law.--The prohibition under
subsection (a) shall not apply with respect to an applicant
for a position in the civil service if consideration of
criminal history record information prior to a conditional
offer with respect to the position is otherwise required by
law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply with respect to an applicant for an
appointment to a position--
``(A) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A);
``(B) as a Federal law enforcement officer (as defined in
section 115(c) of title 18); or
``(C) identified by the Director of the Office of Personnel
Management in the regulations issued under paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office of Personnel
Management shall issue regulations identifying additional
positions with respect to which the prohibition under
subsection (a) shall not apply, giving due consideration to
positions that involve interaction with minors, access to
sensitive information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The regulations
issued under subparagraph (A) shall--
``(i) be consistent with, and in no way supersede,
restrict, or limit the application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other
relevant Federal civil rights laws; and
``(ii) ensure that all hiring activities conducted pursuant
to the regulations are conducted in a manner consistent with
relevant Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management
shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 9202 and the
regulations issued pursuant to such section; and
``(2) establish and publish procedures under which an
applicant for an appointment to a position in the civil
service may submit a complaint, or any other information,
relating to compliance by an employee of an agency with
section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of
Personnel Management determines, after notice and an
opportunity for a hearing on the record, that an employee of
an agency has violated section 9202, the Director shall--
``(1) issue to the employee a written warning that includes
a description of the violation and the additional penalties
that may apply for subsequent violations; and
``(2) file such warning in the employee's official
personnel record file.
``(b) Subsequent Violations.--If the Director of the Office
of Personnel Management determines, after notice and an
opportunity for a hearing on the record, that an employee
that was subject to subsection (a) has committed a subsequent
violation of section 9202, the Director may take the
following action:
``(1) For a second violation, suspension of the employee
for a period of not more than 7 days.
``(2) For a third violation, suspension of the employee for
a period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel
Management shall by rule establish procedures providing for
an appeal from any adverse action taken under section 9204 by
not later than 30 days after the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken
under section 9204 (including a determination in an appeal
from such an action under subsection (a) of this section)
shall not be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this section,
appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an agency to
request the disclosure of information described under
subparagraphs (B) and (C) of section 9201(4); or
``(2) create a private right of action for any person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this subtitle, the Director of the Office of
Personnel Management shall issue such regulations as are
necessary to carry out chapter 92 of title 5, United States
Code (as added by this subtitle).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by this subtitle), shall take effect on the
date that is 2 years after the date of enactment of this
subtitle.
(c) Technical and Conforming Amendment.--The table of
chapters for part III of title 5, United States Code, is
amended by inserting after the item relating to chapter 91
the following:
``92. Prohibition on criminal history inquiries prior to conditional
offer...................................................9201''.....
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the
end the following:
``(12) Section 9202 of title 5, United States Code.'';
(B) by redesignating section 207 (2 U.S.C. 1317) as section
208; and
(C) by inserting after section 206 (2 U.S.C. 1316) the
following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL
HISTORY INQUIRIES.
``(a) Definitions.--In this section, the terms `agency',
`criminal history record information', and `suspension' have
the meanings given the terms in section 9201 of title 5,
United States Code, except as otherwise modified by this
section.
``(b) Restrictions on Criminal History Inquiries.--
``(1) In general.--
``(A) In general.--Except as provided in subparagraph (B),
an employee of an employing office may not request that an
applicant for employment as a covered employee disclose
criminal history record information if the request would be
prohibited under section 9202 of title 5, United States Code,
if made by an employee of an agency.
``(B) Conditional offer.--For purposes of applying that
section 9202 under subparagraph (A), a reference in that
section 9202 to a conditional offer shall be considered to be
an offer of employment as a covered employee that is
conditioned upon the results of a criminal history inquiry.
``(2) Rules of construction.--The provisions of section
9206 of title 5, United States Code, shall apply to employing
offices, consistent with regulations issued under subsection
(d).
``(c) Remedy.--
``(1) In general.--The remedy for a violation of subsection
(b)(1) shall be such remedy as would be appropriate if
awarded under section 9204 of title 5, United States Code, if
the violation had been committed by an employee of an agency,
consistent with regulations issued under subsection (d),
except that the reference in that section to a suspension
shall be considered to be a suspension with the level of
compensation provided for a covered employee who is taking
unpaid leave under section 202.
``(2) Process for obtaining relief.--An applicant for
employment as a covered employee who alleges a violation of
subsection (b)(1) may rely on the provisions of title IV
(other than section 407 or 408, or a provision of this title
that permits a person to obtain a civil action or judicial
review), consistent with regulations issued under subsection
(d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2019, the Board shall, pursuant to section 304, issue
regulations to implement this section.
``(2) Parallel with agency regulations.--The regulations
issued under paragraph (1)
[[Page H9506]]
shall be the same as substantive regulations issued by the
Director of the Office of Personnel Management under section
2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 to
implement the statutory provisions referred to in subsections
(a) through (c) except to the extent that the Board may
determine, for good cause shown and stated together with the
regulation, that a modification of such regulations would be
more effective for the implementation of the rights and
protections under this section.
``(e) Effective Date.--Section 102(a)(12) and subsections
(a) through (c) shall take effect on the date on which
section 9202 of title 5, United States Code, applies with
respect to agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b) of the
Congressional Accountability Act of 1995 (Public Law 104-1;
109 Stat. 3) is amended--
(i) by redesignating the item relating to section 207 as
the item relating to section 208; and
(ii) by inserting after the item relating to section 206
the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal Revenue Code of 1986
is amended by striking ``or 207'' and inserting ``207, or
208''.
(e) Application to Judicial Branch.--Section 604 of title
28, United States Code, is amended by adding at the end the
following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history record
information' have the meanings given those terms in section
9201 of title 5;
``(B) the term `covered employee' means an employee of the
judicial branch of the United States Government, other than--
``(i) any judge or justice who is entitled to hold office
during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office or
entity of the judicial branch of the United States Government
that employs covered employees.
``(2) Restriction.--A covered employee may not request that
an applicant for employment as a covered employee disclose
criminal history record information if the request would be
prohibited under section 9202 of title 5 if made by an
employee of an agency.
``(3) Employing office policies; complaint procedure.--The
provisions of sections 9203 and 9206 of title 5 shall apply
to employing offices and to applicants for employment as
covered employees, consistent with regulations issued by the
Director to implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may take such adverse
action with respect to a covered employee who violates
paragraph (2) as would be appropriate under section 9204 of
title 5 if the violation had been committed by an employee of
an agency.
``(B) Appeals.--The Director shall by rule establish
procedures providing for an appeal from any adverse action
taken under subparagraph (A) by not later than 30 days after
the date of the action.
``(C) Applicability of other laws.--Except as provided in
subparagraph (B), an adverse action taken under subparagraph
(A) (including a determination in an appeal from such an
action under subparagraph (B)) shall not be subject to appeal
or judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2019, the Director shall issue regulations to implement this
subsection.
``(B) Parallel with agency regulations.--The regulations
issued under subparagraph (A) shall be the same as
substantive regulations promulgated by the Director of the
Office of Personnel Management under section 2(b)(1) of the
Fair Chance to Compete for Jobs Act of 2019 except to the
extent that the Director of the Administrative Office of the
United States Courts may determine, for good cause shown and
stated together with the regulation, that a modification of
such regulations would be more effective for the
implementation of the rights and protections under this
subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall
take effect on the date on which section 9202 of title 5
applies with respect to agencies.''.
SEC. 1123. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY
CONTRACTORS PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4714. Prohibition on criminal history inquiries by
contractors prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an executive agency--
``(A) may not require that an individual or sole proprietor
who submits a bid for a contract to disclose criminal history
record information regarding that individual or sole
proprietor before determining the apparent awardee; and
``(B) shall require, as a condition of receiving a Federal
contract and receiving payments under such contract that the
contractor may not verbally, or through written form, request
the disclosure of criminal history record information
regarding an applicant for a position related to work under
such contract before the contractor extends a conditional
offer to the applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to
a conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph (1) does
not apply with respect to--
``(i) a contract that requires an individual hired under
the contract to access classified information or to have
sensitive law enforcement or national security duties; or
``(ii) a position that the Administrator of General
Services identifies under the regulations issued under
subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months after the date of
enactment of the Fair Chance to Compete for Jobs Act of 2019,
the Administrator of General Services, in consultation with
the Secretary of Defense, shall issue regulations identifying
additional positions with respect to which the prohibition
under paragraph (1) shall not apply, giving due consideration
to positions that involve interaction with minors, access to
sensitive information, or managing financial transactions.
``(ii) Compliance with civil rights laws.--The regulations
issued under clause (i) shall--
``(I) be consistent with, and in no way supersede,
restrict, or limit the application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other
relevant Federal civil rights laws; and
``(II) ensure that all hiring activities conducted pursuant
to the regulations are conducted in a manner consistent with
relevant Federal civil rights laws.
``(b) Complaint Procedures.--The Administrator of General
Services shall establish and publish procedures under which
an applicant for a position with a Federal contractor may
submit to the Administrator a complaint, or any other
information, relating to compliance by the contractor with
subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal
History Inquiries.--
``(1) First violation.--If the head of an executive agency
determines that a contractor has violated subsection
(a)(1)(B), such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for the
contractor to appeal the determination; and
``(C) issue a written warning to the contractor that
includes a description of the violation and the additional
remedies that may apply for subsequent violations.
``(2) Subsequent violation.--If the head of an executive
agency determines that a contractor that was subject to
paragraph (1) has committed a subsequent violation of
subsection (a)(1)(B), such head shall notify the contractor,
shall provide 30 days after such notification for the
contractor to appeal the determination, and, in consultation
with the relevant Federal agencies, may take actions,
depending on the severity of the infraction and the
contractor's history of violations, including--
``(A) providing written guidance to the contractor that the
contractor's eligibility for contracts requires compliance
with this section;
``(B) requiring that the contractor respond within 30 days
affirming that the contractor is taking steps to comply with
this section; and
``(C) suspending payment under the contract for which the
applicant was being considered until the contractor
demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 41, United States Code, is amended by adding at
the end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 1122(b)(2) of
this subtitle.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2338 the
following new section:
``Sec. 2339. Prohibition on criminal history inquiries by
contractors prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the head of an agency--
``(A) may not require that an individual or sole proprietor
who submits a bid for a contract to disclose criminal history
record information regarding that individual or sole
proprietor before determining the apparent awardee; and
``(B) shall require as a condition of receiving a Federal
contract and receiving payments under such contract that the
contractor may not verbally or through written form request
the disclosure of criminal history record information
regarding an applicant for a position related to work under
such contract before such contractor extends a conditional
offer to the applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to
a conditional offer with respect to the position is otherwise
required by law.
[[Page H9507]]
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph (1) does
not apply with respect to--
``(i) a contract that requires an individual hired under
the contract to access classified information or to have
sensitive law enforcement or national security duties; or
``(ii) a position that the Secretary of Defense identifies
under the regulations issued under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months after the date of
enactment of the Fair Chance to Compete for Jobs Act of 2019,
the Secretary of Defense, in consultation with the
Administrator of General Services, shall issue regulations
identifying additional positions with respect to which the
prohibition under paragraph (1) shall not apply, giving due
consideration to positions that involve interaction with
minors, access to sensitive information, or managing
financial transactions.
``(ii) Compliance with civil rights laws.--The regulations
issued under clause (i) shall--
``(I) be consistent with, and in no way supersede,
restrict, or limit the application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other
relevant Federal civil rights laws; and
``(II) ensure that all hiring activities conducted pursuant
to the regulations are conducted in a manner consistent with
relevant Federal civil rights laws.
``(b) Complaint Procedures.--The Secretary of Defense shall
establish and publish procedures under which an applicant for
a position with a Department of Defense contractor may submit
a complaint, or any other information, relating to compliance
by the contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal
History Inquiries.--
``(1) First violation.--If the Secretary of Defense
determines that a contractor has violated subsection
(a)(1)(B), the Secretary shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for the
contractor to appeal the determination; and
``(C) issue a written warning to the contractor that
includes a description of the violation and the additional
remedies that may apply for subsequent violations.
``(2) Subsequent violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph
(1) has committed a subsequent violation of subsection
(a)(1)(B), the Secretary shall notify the contractor, shall
provide 30 days after such notification for the contractor to
appeal the determination, and, in consultation with the
relevant Federal agencies, may take actions, depending on the
severity of the infraction and the contractor's history of
violations, including--
``(A) providing written guidance to the contractor that the
contractor's eligibility for contracts requires compliance
with this section;
``(B) requiring that the contractor respond within 30 days
affirming that the contractor is taking steps to comply with
this section; and
``(C) suspending payment under the contract for which the
applicant was being considered until the contractor
demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 1122(b)(2) of
this subtitle.
(3) Clerical amendment.--The table of sections for chapter
137 of title 10, United States Code, is amended by inserting
after the item relating to section 2338 the following new
item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this subtitle, the Federal Acquisition
Regulatory Council shall revise the Federal Acquisition
Regulation to implement section 4714 of title 41, United
States Code, and section 2339 of title 10, United States
Code, as added by this section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory Council
shall revise the Federal Acquisition Regulation under
paragraph (1) to be consistent with the regulations issued by
the Director of the Office of Personnel Management under
section 1122(b)(1) to the maximum extent practicable. The
Council shall include together with such revision an
explanation of any substantive modification of the Office of
Personnel Management regulations, including an explanation of
how such modification will more effectively implement the
rights and protections under this section.
SEC. 1124. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY
INCARCERATED IN FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered
individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal
offense; and
(2) does not include an alien who is or will be removed
from the United States for a violation of the immigration
laws (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)).
(b) Study and Report Required.--The Director of the Bureau
of Justice Statistics, in coordination with the Director of
the Bureau of the Census, shall--
(1) not later than 180 days after the date of enactment of
this subtitle, design and initiate a study on the employment
of covered individuals after their release from Federal
prison, including by collecting--
(A) demographic data on covered individuals, including
race, age, and sex; and
(B) data on employment and earnings of covered individuals
who are denied employment, including the reasons for the
denials; and
(2) not later than 2 years after the date of enactment of
this subtitle, and every 5 years thereafter, submit a report
that does not include any personally identifiable information
on the study conducted under paragraph (1) to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Oversight and Reform of the House of
Representatives; and
(D) the Committee on Education and Labor of the House of
Representatives.
Subtitle C--ATC Hiring Reform
SEC. 1131. SHORT TITLE; DEFINITION.
(a) Short Title.--This subtitle may be cited as the ``ATC
Hiring Reform Act''.
(b) Definition of Appropriate Committees of Congress.--In
this subtitle, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Oversight and Reform of the House of
Representatives;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(4) the Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 1132. HIRING OF AIR TRAFFIC CONTROL SPECIALISTS.
Section 44506(f)(1)(B)(i) of title 49, United States Code,
is amended by striking ``referring'' and all that follows
through ``10 percent.'' and inserting ``giving further
preferential consideration, within each qualification
category based upon pre-employment testing results (including
application of veterans' preference as required under section
40122(g)(2)(B)), to pool 1 applicants described in clause
(ii) before pool 2 applicants described in clause (iii).''.
SEC. 1133. ENSURING HIRING PREFERENCE FOR APPLICANTS WITH
EXPERIENCE AT AN AIR TRAFFIC CONTROL FACILITY
OF THE NATIONAL GUARD.
Section 44506(f)(1)(A)(ii) of title 49, United States Code,
is amended by inserting ``(including a facility of the
National Guard)'' after ``Department of Defense''.
SEC. 1134. FAA REPORTS ON AIR TRAFFIC CONTROLLER HIRING AND
TRAINING.
(a) Reports to Congress.--Not later than September 30 of
2020, 2021, 2022, and 2023, the Administrator of the Federal
Aviation Administration shall submit to the appropriate
committees of Congress a report regarding the hiring and
training of air traffic controllers.
(b) Contents.--Each report under subsection (a) shall
include the following information:
(1) The number of applicants, from each hiring pool (by
vacancy announcement beginning with vacancy announcement FAA-
ATO-19-ALLSRCE-61676 (issued on June 14, 2019)) who have done
the following:
(A) Applied for the position of air traffic controller.
(B) Been issued a tentative offer letter for the position
of air traffic controller.
(C) Been issued a firm offer letter for the position of air
traffic controller.
(D) Been hired for the position of air traffic controller.
(E) Reported to the FAA Academy for initial qualification
training.
(F) Successfully passed Air Traffic Basics training at the
FAA Academy.
(G) Successfully passed Terminal initial training at the
FAA Academy.
(H) Successfully passed En Route initial training at the
FAA Academy.
(2) The average cost of training per individual for each
such hiring pool for the following:
(A) Air Traffic Basics training at the FAA Academy.
(B) Terminal initial training at the FAA Academy.
(C) En Route initial training at the FAA Academy.
(3) The FAA Academy attrition rate for each such hiring
pool.
(4) The number of applicants, from each such hiring pool,
who have successfully completed qualification training at
their first FAA facility and the number who are still in
training at their first facility.
(5) Other information determined appropriate by the
Administrator of the Federal Aviation Administration.
SEC. 1135. DOT INSPECTOR GENERAL REVIEW AND REPORT.
(a) Review.--
(1) In general.--The Inspector General of the Department of
Transportation (in this section referred to as the
``Inspector General'') shall conduct a review that assesses
the assumptions and methodologies used to develop the air
traffic controller pre-employment test. Such review shall
include--
(A) what job-relevant aptitudes are measured by the air
traffic controller pre-employment test and to what extent
such aptitudes are tested;
(B) the scoring methodology for the air traffic controller
pre-employment test, including an assessment of whether such
methodology is applied uniformly for all classes of
applicants;
(C) whether the air traffic controller pre-employment test
incorporates any biographical
[[Page H9508]]
questionnaire or assessment other than basic identifiers,
such as name and questions that assess personal
characteristics, and the extent to which such biographical
assumptions are relied upon to assess air traffic controller
applicants;
(D) the effectiveness of the pre-employment test, mental
health screening, and any other applicable pre-employment
assessment to determine whether an applicant possesses the
skills necessary to perform the duties of a controller; and
(E) ways to improve the pre-employment test and other
applicable pre-employment assessments as the Inspector
General determines appropriate.
(2) Start date.--The Inspector General shall initiate the
review under paragraph (1) by not later than 90 days after
the date of enactment of this Act.
(b) Report.--Not later than 180 days after the date the
Inspector General initiates the review under subsection (a),
the Inspector General shall submit to the appropriate
committees of Congress a report on such review.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign
security forces.
Sec. 1202. Modification and extension of cross servicing agreements for
loan of personnel protection and personnel survivability
equipment in coalition operations.
Sec. 1203. Modifications of authorities relating to acquisition and
cross-servicing agreements.
Sec. 1204. Modification of quarterly report on obligation and
expenditure of funds for security cooperation programs
and activities.
Sec. 1205. Gender perspectives and participation by women in security
cooperation activities.
Sec. 1206. Plan to provide consistency of administration of authorities
relating to vetting of units of security forces of
foreign countries; modification of assessment,
monitoring, and evaluation of security cooperation
programs and activities.
Sec. 1207. Extension of authority for support of special operations for
irregular warfare.
Sec. 1208. Extension and modification of Commanders' Emergency Response
Program and elimination of certain payments to redress
injury and loss.
Sec. 1209. Two-year extension of program authority for Global Security
Contingency Fund.
Sec. 1210. Legal institutional capacity building initiative for foreign
defense institutions.
Sec. 1210A. Department of Defense support for stabilization activities
in national security interest of the United States.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan.
Sec. 1212. Extension and modification of authority to acquire products
and services produced in countries along a major route of
supply to Afghanistan.
Sec. 1213. Authority for certain payments to redress injury and loss.
Sec. 1214. Extension and modification of semiannual report on enhancing
security and stability in Afghanistan.
Sec. 1215. Special Immigrant Visa program reporting requirement.
Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations.
Sec. 1217. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1218. Support for reconciliation activities led by the Government
of Afghanistan.
Sec. 1219. Modification and extension of the Afghan Special Immigrant
Visa Program.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification of authority and limitation on use of funds to
provide assistance to counter the Islamic State of Iraq
and Syria.
Sec. 1222. Extension and modification of authority to provide
assistance to vetted Syrian groups and individuals.
Sec. 1223. Modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Establishing a coordinator for detained ISIS members and
relevant displaced populations in Syria.
Sec. 1225. Report on lessons learned from efforts to liberate Mosul and
Raqqah from control of the Islamic State of Iraq and
Syria.
Sec. 1226. Expansion of availability of financial assets of Iran to
victims of terrorism.
Sec. 1227. Report on the status of deconfliction channels with Iran.
Sec. 1228. Prohibition on provision of weapons and other forms of
support to certain organizations.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1233. Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between the United
States and Russia.
Sec. 1234. United States participation in Open Skies Treaty.
Sec. 1235. Modifications of briefing, notification, and reporting
requirements relating to non-compliance by the Russian
Federation with its obligations under the INF Treaty.
Sec. 1236. Report on treaties relating to nuclear arms control.
Sec. 1237. Reports relating to the New START Treaty.
Sec. 1238. Report on military activities of the Russian Federation and
the People's Republic of China in the Arctic region.
Sec. 1239. Updated strategy to counter the threat of malign influence
by the Russian Federation and other countries.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1242. Prohibition on the use of funds to suspend, terminate, or
provide notice of denunciation of the North Atlantic
Treaty.
Sec. 1243. Future years plans and planning transparency for the
European Deterrence Initiative.
Sec. 1244. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1245. Limitation on transfer of F-35 aircraft to Turkey.
Sec. 1246. Baltic defense assessment; extension and modification of
security assistance for Baltic countries for joint
program for interoperability and deterrence against
aggression.
Sec. 1247. Extension of authority for and report on training for
Eastern European national security forces in the course
of multilateral exercises.
Sec. 1248. Extension and modification of NATO Special Operations
Headquarters.
Sec. 1249. North Atlantic Treaty Organization Joint Force Command.
Sec. 1250. Report on North Atlantic Treaty Organization Readiness
Initiative.
Sec. 1250A. Repeal of prohibition on transfer of articles on the United
States munitions list to the Republic of Cyprus.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and
limitation on use of funds.
Sec. 1253. Report on resourcing United States defense requirements for
the Indo-Pacific region and study on competitive
strategies.
Sec. 1254. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who
are deployed to South Korea.
Sec. 1255. Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea.
Sec. 1256. Sense of Congress on security commitments to the Governments
of Japan and the Republic of Korea and trilateral
cooperation among the United States, Japan, and the
Republic of Korea.
Sec. 1257. Sense of Congress on North Korea.
Sec. 1258. Statement of policy and sense of Congress on, and strategy
to fulfill obligations under, Mutual Defense Treaty with
the Republic of the Philippines.
Sec. 1259. Report on security cooperation with the Philippine National
Police.
Sec. 1260. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260A. Report on foreign military activities in Pacific Island
countries.
Sec. 1260B. Report on cybersecurity activities with Taiwan.
Sec. 1260C. Review and report related to the Taiwan Relations Act.
Sec. 1260D. Sense of Congress on enhancement of the United States-
Taiwan defense relationship.
Sec. 1260E. Chinese foreign direct investment in countries of the
Arctic region.
Sec. 1260F. Sense of Congress on policy toward Hong Kong.
Sec. 1260G. Sense of Congress on enhancing defense and security
cooperation with the Republic of Singapore.
Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from
entity list of Bureau of Industry and Security.
Sec. 1260J. Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order.
Sec. 1260K. Report on the lay-down of United States Marines in the
Indo-Pacific Region.
[[Page H9509]]
Subtitle G--Other Matters
Sec. 1261. Modification to report on legal and policy frameworks for
the use of military force.
Sec. 1262. Independent review of sufficiency of resources available to
United States Southern Command and United States Africa
Command.
Sec. 1263. United States Central Command posture assessment and review.
Sec. 1264. Limitation on production of nuclear proliferation assessment
statements.
Sec. 1265. Western Hemisphere resource assessment.
Sec. 1266. Human rights in Brazil.
Sec. 1267. Certification relating to assistance for Guatemala.
Sec. 1268. Independent analysis of human rights situation in Honduras.
Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian
military to prevent, mitigate, and respond to civilian
harm.
Sec. 1270. Report on implications of Chinese military presence in
Djibouti.
Sec. 1271. Rule of construction on the permanent stationing of United
States Armed Forces in Somalia.
Sec. 1272. Defense and diplomatic strategy for Libya.
Sec. 1273. Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing civil
war in Yemen.
Sec. 1274. Report on Saudi-led coalition strikes in Yemen.
Sec. 1275. Reports on expenses incurred for in-flight refueling of
Saudi coalition aircraft conducting missions relating to
civil war in Yemen.
Sec. 1276. Report on Saudi Arabia's human rights record.
Sec. 1277. Report on intelligence community assessment relating to the
killing of Washington Post columnist Jamal Khashoggi.
Sec. 1278. United States-Israel cooperation to counter unmanned aerial
systems.
Sec. 1279. Extension and modification of authority for United States-
Israel anti-tunnel cooperation activities.
Sec. 1280. Report on cost imposition strategy.
Sec. 1281. Modification of initiative to support protection of national
security academic researchers from undue influence and
other security threats.
Sec. 1282. Modification of responsibility for policy on civilian
casualty matters.
Sec. 1283. Report on export of certain satellites to entities with
certain beneficial ownership structures.
Sec. 1284. Rule of construction relating to the use of military force.
Sec. 1285. Reports and briefings on use of military force and support
of partner forces.
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF
FOREIGN SECURITY FORCES.
(a) Authority.--Subsection (a)(7) of section 333 of title
10, United States Code, is amended by inserting ``existing''
before ``international coalition operation''.
(b) Notice and Wait on Activities Under Programs.--
Subsection (e) of such section is amended by adding at the
end the following:
``(9) In the case of a program described in subsection (a),
each of the following:
``(A) A description of whether assistance under the program
could be provided pursuant to other authorities under this
title, the Foreign Assistance Act of 1961, or any other train
and equip authorities of the Department of Defense.
``(B) An identification of each such authority described in
subparagraph (A).''.
SEC. 1202. MODIFICATION AND EXTENSION OF CROSS SERVICING
AGREEMENTS FOR LOAN OF PERSONNEL PROTECTION AND
PERSONNEL SURVIVABILITY EQUIPMENT IN COALITION
OPERATIONS.
Section 1207 of the Carl Levin and Howard P. ``Buck''
Mckeon National Defense Authorization Act for Fiscal Year
2015 (10 U.S.C. 2342 note) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Reports to Congress.--If the authority provided under
this section is exercised during a fiscal year, the Secretary
of Defense shall, with the concurrence of the Secretary of
State, submit to the appropriate committees of Congress a
report on the exercise of such authority by not later than
October 30 of the year in which such fiscal year ends. Each
report on the exercise of such authority shall specify the
recipient country of the equipment loaned, the type of
equipment loaned, and the duration of the loan of such
equipment.''; and
(3) in subsection (f), as redesignated, by striking
``September 30, 2019'' and inserting ``December 31, 2024''.
SEC. 1203. MODIFICATIONS OF AUTHORITIES RELATING TO
ACQUISITION AND CROSS-SERVICING AGREEMENTS.
(a) Designation and Notice of Intent to Enter Into
Agreement With Non-NATO Country.--Subsection (b) of section
2342 of title 10, United States Code, is amended to read as
follows:
``(b)(1) The Secretary of Defense may not designate a
country for an agreement under this section unless--
``(A) the Secretary, after consultation with the Secretary
of State, determines that the designation of such country for
such purpose is in the interest of the national security of
the United States; and
``(B) in the case of a country that is not a member of the
North Atlantic Treaty Organization, the Secretary submits to
the appropriate committees of Congress notice of the intended
designation not less than 30 days before the date on which
such country is designated by the Secretary under subsection
(a).
``(2) In the case of a country that is not a member of the
North Atlantic Treaty Organization, the Secretary of Defense
may not enter into an agreement under this section unless the
Secretary submits to the appropriate committees of Congress a
notice of intent to enter into such an agreement not less
than 30 days before the date on which the Secretary enters
into the agreement.''.
(b) Oversight Responsibilities.--Such section is further
amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Not later than 30 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020, the Secretary of Defense shall designate an
existing senior civilian or military official who shall have
primary responsibility for--
``(1) accounting for logistic support, supplies, and
services received or provided under acquisition and cross-
servicing agreements;
``(2) ensuring consistent standards and guidance to the
armed forces and combatant commands in executing acquisition
and cross-servicing agreements;
``(3) overseeing and monitoring the implementation of
acquisition and cross-servicing agreements in coordination
with the Under Secretary of Defense for Policy; and
``(4) such other responsibilities as may be prescribed by
the Secretary.''.
(c) Regulations.--Subsection (g) of such section, as
redesignated by subsection (b)(1), is amended to read as
follows:
``(g)(1) Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020, the Secretary of Defense shall prescribe
regulations to ensure that--
``(A) contracts entered into under this subchapter are free
from self-dealing, bribery, and conflict of interests;
``(B) adequate processes and controls are in place to
provide for the accurate accounting of logistic support,
supplies, and services received or provided under the
authority of this subchapter; and
``(C) personnel responsible for accounting for logistic
support, supplies, and services received or provided under
such authority are fully trained and aware of such
responsibilities.
``(2)(A) Not later than 270 days after the issuance of the
regulations under paragraph (1), the Comptroller General of
the United States shall conduct a review of the
implementation by the Secretary of such regulations.
``(B) The review conducted under subparagraph (A) shall--
``(i) assess the effectiveness of such regulations and the
implementation of such regulations to ensure the effective
management and oversight of an agreement under subsection
(a)(1); and
``(ii) include any other matter the Comptroller General
considers relevant.''.
(d) Reports.--Subsection (h) of such section, as
redesignated by subsection (b)(1), is amended--
(1) in paragraph (1), by striking ``in effect'' and
inserting ``that have entered into force or were applied
provisionally'';
(2) in paragraph (2), by striking ``date on which the
Secretary'' and all that follows through the period at the
end and inserting ``dates on which the Secretary notified
Congress--
``(A) pursuant to subsection (b)(1)(B) of the designation
of such country under subsection (a); and
``(B) pursuant to subsection (b)(2) of the intent of the
Secretary to enter into the agreement.'';
(3) by amending paragraph (3) to read as follows:
``(3) The class of supply, total dollar amount, the amount
collected, and the outstanding balance of logistic support,
supplies, and services provided during the preceding fiscal
year under each such agreement.'';
(4) by amending paragraph (4) to read as follows:
``(4) The class of supply, total dollar amount, the amount
collected, and the outstanding balance of logistic support,
supplies, and services received during the preceding fiscal
year under each such agreement.'';
(5) by striking paragraph (5); and
(6) by adding at the end the following new paragraphs:
``(5) With respect to any transaction for logistic support,
supplies, and services that has not been reconciled more than
one year after the date on which the transaction occurred, a
description of the transaction that includes the following:
``(A) The date on which the transaction occurred.
``(B) The country or organization to which logistic
support, supplies, and services were provided.
``(C) The value of the transaction.
``(6) An explanation of any waiver granted under section
2347(c) during the preceding fiscal year, including an
identification of the relevant contingency operation or non-
combat operation.''.
SEC. 1204. MODIFICATION OF QUARTERLY REPORT ON OBLIGATION AND
EXPENDITURE OF FUNDS FOR SECURITY COOPERATION
PROGRAMS AND ACTIVITIES.
Section 381(b) of title 10, United States Code, is amended
by striking ``30 days'' and inserting ``60 days''.
[[Page H9510]]
SEC. 1205. GENDER PERSPECTIVES AND PARTICIPATION BY WOMEN IN
SECURITY COOPERATION ACTIVITIES.
Consistent with the Women, Peace, and Security Act of 2017
(Public Law 115-68), the Secretary of Defense, in
coordination with the Secretary of State, should seek to
incorporate gender perspectives and participation by women in
security cooperation activities to the maximum extent
practicable.
SEC. 1206. PLAN TO PROVIDE CONSISTENCY OF ADMINISTRATION OF
AUTHORITIES RELATING TO VETTING OF UNITS OF
SECURITY FORCES OF FOREIGN COUNTRIES;
MODIFICATION OF ASSESSMENT, MONITORING, AND
EVALUATION OF SECURITY COOPERATION PROGRAMS AND
ACTIVITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and
Secretary of State shall jointly develop, implement, and
submit to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a plan to
provide consistency in administration of section 362 of title
10, United States Code, and section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d).
(b) Matters to Be Included.--The plan required by
subsection (a) shall contain the following:
(1) Common standards and procedures which shall be used by
the Department of Defense and Department of State to obtain
and verify information regarding the vetting of units of the
security forces of foreign countries for gross violation of
human rights under the authorities described in subsection
(a), including--
(A) public guidelines for external sources to report
information; and
(B) methods and criteria employed by the Department of
Defense and Department of State to determine whether sources,
source reporting, and allegations are credible.
(2) Measures to ensure the Department of Defense has read-
only access to the International Vetting and Security
Tracking (INVEST) system, and any successor or equivalent
system.
(3) Measures to ensure the authorities described in
subsection (a) are applied to any foreign forces, irregular
forces, groups, and individuals that receive training,
equipment, or other assistance from the United States
military.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Integration of Human Rights and Civilian Protection
Into Assessment, Monitoring, and Evaluation of Security
Cooperation Programs and Activities.--
(1) Reports required.--The Secretary of Defense shall
submit to the appropriate congressional committees an interim
report and a final report on the steps the Secretary will
take to incorporate partner units' activities, as such
activities relate to human rights and protection of
civilians, into the program elements described in section
383(b)(1) of title 10, United States Code.
(2) Deadlines.--
(A) Interim report.--The interim report required under
paragraph (1) shall be submitted to the appropriate
congressional committees not later than 180 days after the
date of the enactment of this Act and shall include a summary
of the progress of the Secretary in implementing the steps
described in such paragraph.
(B) Final report.--The final report required under
paragraph (1) shall be submitted to the appropriate
congressional committees not later than one year after the
date of enactment of this Act and shall specifically identify
the actions the Secretary took to implement the steps
described in paragraph (1).
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1207. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL
OPERATIONS FOR IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is
amended by striking ``2020'' and inserting ``2023''.
SEC. 1208. EXTENSION AND MODIFICATION OF COMMANDERS'
EMERGENCY RESPONSE PROGRAM AND ELIMINATION OF
CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.
(a) Extension and Modification of Commanders' Emergency
Response Program.--Section 1201 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1619), as most recently amended by the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is further amended--
(1) in subsection (a)--
(A) by striking ``During the period beginning on October 1,
2016, and ending on December 31, 2019'' and inserting
``During the period beginning on October 1, 2019, and ending
on December 31, 2020''; and
(B) by striking ``$10,000,000'' and inserting
``$2,500,000'';
(2) in subsection (b)(1), by striking ``of fiscal years
2017 through 2019'' and inserting ``for each of fiscal years
2017 through 2020''; and
(3) in subsection (f), in the first sentence, by striking
``during the period beginning on October 1, 2016, and ending
on December 31, 2019'' and inserting ``during the period
beginning on October 1, 2019, and ending on December 31,
2020''.
(b) Elimination of Authority for Certain Payments to
Redress Injury and Loss in Afghanistan, Iraq, Syria, Somalia,
Libya, and Yemen.--Section 1211 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2477), as most recently amended by section 1224(a)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232), is further amended by
striking subsection (b).
SEC. 1209. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL
SECURITY CONTINGENCY FUND.
Section 1207 of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 2151 note) is amended--
(1) in subsection (i)--
(A) in paragraph (1), by striking ``September 30, 2019''
and inserting ``September 30, 2021''; and
(B) by amending paragraph (2) to read as follows:
``(2) Exception.--Amounts appropriated and transferred to
the Fund before September 30, 2019, shall remain available
for obligation and expenditure after that date, but only for
activities under programs commenced under subsection (b)
before September 30, 2019.''; and
(2) in subsection (o)--
(A) in the first sentence, by striking ``September 30,
2019'' and inserting ``September 30, 2021''; and
(B) in the second sentence, by striking ``through 2019''
and inserting ``through 2021''.
SEC. 1210. LEGAL INSTITUTIONAL CAPACITY BUILDING INITIATIVE
FOR FOREIGN DEFENSE INSTITUTIONS.
(a) Initiative.--The Secretary of Defense may carry out, in
accordance with section 332 of title 10, United States Code,
an initiative of legal institutional capacity building in
collaboration with the appropriate ministry of defense (or
security agency serving a similar defense function) legal
institutions that support the efforts of one or more foreign
countries to establish or improve legal institutional
capacity.
(b) Purpose.--The purpose of the initiative under
subsection (a) is to enhance, through advisory services,
training, or related training support services, as
appropriate, the legal institutional capacity of the
applicable foreign country to do the following:
(1) Integrate legal matters into the authority, doctrine,
and policies of the ministry of defense (or security agency
serving a similar defense function) and forces of such
country.
(2) Provide appropriate legal support to commanders
conducting defense and national security operations.
(3) With respect to defense and national security law,
institutionalize education, training, and professional
development for personnel and forces, including uniformed
lawyers, officers, noncommissioned officers, and civilian
lawyers and leadership within such ministries of defense (and
security agencies serving a similar defense function).
(4) Establish a military justice system that is objective,
transparent, and impartial.
(5) Conduct effective and transparent command and
administrative investigations.
(6) Build the legal capacity of the forces and civilian
personnel of ministries of defense (and security agencies
serving a similar defense function) to provide equitable,
transparent, and accountable institutions and provide for
anti-corruption measures within such institutions.
(7) Build capacity--
(A) to provide for the protection of civilians consistent
with the law of armed conflict and human rights law; and
(B) to investigate incidents of civilian casualties.
(8) Promote understanding and observance of--
(A) the law of armed conflict;
(B) human rights and fundamental freedoms;
(C) the rule of law; and
(D) civilian control of the military.
(9) Establish mechanisms for effective civilian oversight
of defense and national security legal institutions and legal
matters.
(c) Elements.--The initiative under subsection (a) shall
include the following elements:
(1) A measure for monitoring the implementation of the
initiative and evaluating the efficiency and effectiveness of
the initiative, in accordance with section 383 of title 10,
United States Code.
(2) An assessment of the organizational weaknesses for
legal institutional capacity building of the applicable
foreign country, including baseline information, an
assessment of gaps in the capability and capacity of the
appropriate institutions of such country, and any other
indicator of efficacy, in accordance with section 383 of
title 10, United States Code.
(3) An engagement plan for building legal institutional
capacity that addresses the weaknesses identified under
paragraph (2), including objectives, milestones, and a
timeline.
(d) Reports.--
(1) In general.--Beginning in fiscal year 2020 through the
fiscal year in which the initiative under subsection (a)
terminates, the Secretary of Defense shall submit to the
appropriate committees of Congress an annual report on the
legal institutional capacity building activities carried out
under this section.
(2) Integration into other capacity building reports.--The
report submitted under paragraph (1) for a fiscal year shall
be integrated into the report required pursuant to subsection
(b)(2) of section 332 of title 10, United States Code, for
the fourth fiscal year quarter of such fiscal year.
(3) Matters to be included.--Each report submitted under
paragraph (1) shall include the following:
(A) The same information required under subsection (b)(2)
of section 332 of title 10, United States Code.
(B) The names of the one or more countries in which the
initiative was conducted.
(C) For each such country--
(i) the purpose of the initiative;
[[Page H9511]]
(ii) the objectives, milestones, and timeline of the
initiative;
(iii) the number and type of advisors assigned and deployed
to the country, as applicable; and
(iv) an assessment of the progress of the implementation of
the initiative.
(e) Sunset.--The initiative under subsection (a) shall
terminate on December 31, 2024.
(f) Funding.--Amounts for programs carried out pursuant to
subsection (a) in a fiscal year, and for other purposes in
connection with such programs as authorized by this section,
may be derived only from amounts authorized to be
appropriated for such fiscal year for the Department of
Defense for operation and maintenance, Defense-wide, and
available for the Defense Security Cooperation Agency for
such programs and purposes.
SEC. 1210A. DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION
ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE
UNITED STATES.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State and in consultation
with the Administrator of the United States Agency for
International Development, provide support for the
stabilization activities of other Federal agencies specified
in subsection (c)(1).
(b) Designation of Foreign Areas.--
(1) In general.--Amounts authorized to be provided pursuant
to this section shall be available only for support for
stabilization activities--
(A) in a country specified in paragraph (2); and
(B) that the Secretary of Defense, with the concurrence of
the Secretary of State, has determined are in the national
security interest of the United States.
(2) Specified countries.--The countries specified in this
paragraph are as follows:
(A) Iraq.
(B) Syria.
(C) Afghanistan.
(D) Somalia.
(c) Support to Other Agencies.--
(1) In general.--Support may be provided for stabilization
activities under subsection (a) to the Department of State,
the United States Agency for International Development, or
other Federal agencies, on a reimbursable or nonreimbursable
basis. The authority to provide such support under this
paragraph on a reimbursable basis is in addition to other
authorities to provide support on such basis.
(2) Type of support.--Support under subsection (a) may
consist of logistic support, supplies, and services.
(d) Requirement for a Stabilization Strategy.--
(1) Limitation.--With respect to any country specified in
subsection (b)(2), no amount of support may be provided under
subsection (a) until 15 days after the date on which the
Secretary of Defense, with the concurrence of the Secretary
of State, submits to the appropriate committees of Congress a
detailed report setting forth a stabilization strategy for
such country.
(2) Elements of strategy.--The stabilization strategy
required by paragraph (1) shall set forth the following:
(A) The United States interests in conducting stabilization
activities in the country specified in subsection (b)(2).
(B) The key foreign partners and actors in such country.
(C) The desired end states and objectives of the United
States stabilization activities in such country.
(D) The Department of Defense support intended to be
provided for the stabilization activities of other Federal
agencies under subsection (a).
(E) Any mechanism for civil-military coordination regarding
support for stabilization activities.
(F) The mechanisms for monitoring and evaluating the
effectiveness of Department of Defense support for United
States stabilization activities in the area.
(e) Implementation in Accordance With Guidance.--Support
provided under subsection (a) shall be implemented in
accordance with the guidance of the Department of Defense
entitled ``DoD Directive 3000.05 Stabilization'', dated
December 13, 2018 (or successor guidance).
(f) Report.--The Secretary of Defense, with the concurrence
of the Secretary of State, shall submit to the appropriate
committees of Congress on an annual basis a report that
includes the following:
(1) The identification of each foreign area within
countries specified in subsection (b)(2) for which support to
stabilization has occurred.
(2) The total amount spent by the Department of Defense,
broken out by recipient Federal agency and activity.
(3) An assessment of the contribution of each activity
toward greater stability.
(4) An articulation of any plans for continued Department
of Defense support to stabilization in the specified foreign
area in order to maintain or improve stability.
(5) Other matters as the Secretary of Defense considers to
be appropriate.
(g) Use of Funds.--
(1) Source of funds.--Amounts for activities carried out
under this section in a fiscal year shall be derived only
from amounts authorized to be appropriated for such fiscal
year for the Department of Defense for Operation and
Maintenance, Defense-wide.
(2) Limitation.--Not more than $18,000,000 in each fiscal
year is authorized to be used to provide nonreimbursable
support under this section.
(h) Expiration.--The authority provided under this section
may not be exercised after December 31, 2020.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Logistic support, supplies, and services.--The term
``logistic support, supplies, and services'' has the meaning
given the term in section 2350(1) of title 10, United States
Code.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE
ARTICLES AND PROVIDE DEFENSE SERVICES TO THE
MILITARY AND SECURITY FORCES OF AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1222
of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 1992) is amended by
striking ``December 31, 2020'' and inserting ``December 31,
2022''.
(b) Excess Defense Articles.--Subsection (i)(2) of such
section is amended by striking ``December 31, 2020'' each
place it appears and inserting ``December 31, 2022''.
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY TO ACQUIRE
PRODUCTS AND SERVICES PRODUCED IN COUNTRIES
ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.
(a) Termination of Authority.--Subsection (f) of section
801 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2399) is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2021''.
(b) Report on Authority.--Such section, as so amended, is
further amended by adding at the end the following:
``(g) Report on Authority.--
``(1) In general.--Not later than March 1, 2020, and March
1, 2021, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the use of
the authority provided in subsection (a). The report shall
address, at a minimum, the following:
``(A) The number of determinations made by the Secretary
pursuant to subsection (b).
``(B) A description of the products and services acquired
using the authority.
``(C) The extent to which the use of the authority has met
the objectives of subparagraph (A), (B), or (C) of subsection
(b)(2).
``(D) A list of the countries providing products or
services as a result of a determination made pursuant to
subsection (b).
``(2) Appropriate congressional committees defined.--For
purposes of this subsection, the term `appropriate
congressional committees' means--
``(A) the congressional defense committees; and
``(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
SEC. 1213. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY
AND LOSS.
(a) Authority.--During the period beginning on the date of
the enactment of this Act and ending on December 31, 2022,
not more than $3,000,000 for each calendar year, to be
derived from funds authorized to be appropriated to the
Office of the Secretary of Defense under the Operation and
Maintenance, Defense-wide account, may be made available for
ex gratia payments for damage, personal injury, or death that
is incident to the use of force by the United States Armed
Forces, a coalition that includes the United States, a
military organization supporting the United States, or a
military organization supporting the United States or such
coalition.
(b) Conditions on Payment.--An ex gratia payment authorized
pursuant to subsection (a) may be provided only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be friendly to
the United States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ``Foreign Claims Act'');
(3) the property damage, personal injury, or death was not
caused by action by an enemy;
(4) the claimant suffered property damage, personal injury,
or death that was--
(A) caused by the United States Armed Forces, a coalition
that includes the United States, or a military organization
supporting the United States or such a coalition; and
(B) occurred during an operation carried out by the United
States, such coalition, or such military organization; and
(5) the claimant had no involvement in planning or
executing an attack or other hostile action that gave rise to
the use of force by the United States, such coalition, or
such military organization resulting in such property damage,
personal injury, or death.
(c) Nature of Payment.--A payment provided pursuant to the
authority under subsection (a) may not be construed or
considered as an admission or acknowledgment of any legal
obligation to provide compensation for any property damage,
personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense
determines a payment under subsection (a) to be appropriate
in a particular setting, the amounts of payments, if any, to
be provided to civilians determined to have suffered harm
incident to the use of force by the United States Armed
Forces under the program should be determined pursuant to
regulations prescribed by the Secretary and based on an
assessment, conducted in consultation with the Secretary of
State, that includes such factors as cultural appropriateness
and prevailing economic conditions. A copy of any regulations
so prescribed shall be provided to the congressional defense
committees upon finalization.
[[Page H9512]]
(e) Legal Advice.--Local military commanders shall receive
legal advice before making ex gratia payments under this
subsection. The legal advisor, under regulations of the
Department of Defense, shall advise on whether an ex gratia
payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia
payment offered pursuant to the authority under subsection
(a), and whether accepted or denied, shall be kept by the
local military commander and on a timely basis submitted to
the appropriate office in the Department of Defense as
determined by the Secretary of Defense.
(g) Quarterly Report.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report including the
following:
(1) With respect to each ex gratia payment made under the
authority in this subsection or any other authority during
the preceding 90-day period, each of the following:
(A) The amount used for such payments and the country with
respect to which each such payment was made.
(B) The manner in which claims for such payments were
verified.
(C) The position of the official who approved the payment.
(D) The manner in which payments are made.
(2) With respect to a preceding 90-day period in which no
ex gratia payments were made--
(A) whether any such payment was refused, along with the
reason for such refusal; or
(B) any other reason for which no such payments were made.
(h) Relation to Other Authorities.--Notwithstanding any
other provision of law, the authority provided by this
section shall be construed as the sole authority available to
make ex gratia payments for property damage, personal injury,
or death that is incident to the use of force by the United
States Armed Forces.
SEC. 1214. EXTENSION AND MODIFICATION OF SEMIANNUAL REPORT ON
ENHANCING SECURITY AND STABILITY IN
AFGHANISTAN.
(a) Extension.--Paragraph (2) of subsection (a) of section
1225 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 127 Stat. 3550), as most recently amended by section
1215 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1649), is further
amended by striking ``December 15, 2020'' and inserting
``December 15, 2022''.
(b) Form.--Paragraph (3) of such subsection is amended to
read as follows:
``(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form without any designation
relating to dissemination control, but may include a
classified annex.''.
(c) Modification of Elements.--Subsection (b) of such
section 1225, as amended by section 1215(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2480), is further amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting ``and taking
into account the august 2017 strategy of the united states''
after ``2014'';
(B) by amending subparagraph (A) to read as follows:
``(A) the strategy and objectives of any post-2014 United
States mission, including the 2017 South Asia Strategy of the
United States and any subsequent United States strategy, and
any mission agreed by the North Atlantic Treaty Organization
(NATO), that are pertinent to--
``(i) training, advising, and assisting the ANSF; or
``(ii) conducting counterrorism operations in Afghanistan;
and''; and
(C) in subparagraph (B)--
(i) by striking the period at the end and inserting a
semicolon;
(ii) by striking ``in the assessment of any such'' and
inserting ``in the assessment of--
``(i) any such''; and
(iii) by adding at the end the following new clauses:
``(ii) the United States counterterrorism mission; and
``(iii) efforts by the Department of Defense to support
reconciliation efforts and develop conditions for the
expansion of the reach of the Government of Afghanistan
throughout Afghanistan.'';
(2) in paragraph (2)--
(A) by inserting ``, including the progress of the
Government of Afghanistan on securing Afghan territory and
population,'' after ``the current security conditions in
Afghanistan''; and
(B) by striking ``and the Haqqani Network'' and inserting
``the Haqqani Network, and the Islamic State of Iraq and
Syria Khorasan''; and
(3) by adding at the end the following new paragraph:
``(9) Monitoring and evaluation measures relating to
asff.--A description of the monitoring and evaluation
measures that the Department of Defense and the Government of
Afghanistan are taking to ensure that funds of the
Afghanistan Security Forces Fund provided to the Government
of Afghanistan as direct government-to-government assistance
are not subject to waste, fraud, or abuse.''.
SEC. 1215. SPECIAL IMMIGRANT VISA PROGRAM REPORTING
REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of State shall submit a report, which may contain
a classified annex, to--
(1) the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
(2) the Committee on the Judiciary, the Committee on
Foreign Affairs, and the Committee on Armed Services of the
House of Representatives.
(b) Contents.--The report submitted under subsection (a)
shall evaluate the obstacles to effective protection of
Afghan and Iraqi allies through the special immigrant visa
programs and suggestions for improvements in future programs,
including information relating to--
(1) the hiring of locally employed staff and contractors;
(2) documenting the identity and employment of locally
employed staff and contractors of the United States
Government, including the possibility of establishing a
central database of employees of the United States Government
and its contractors;
(3) the protection and safety of employees of locally
employed staff and contractors;
(4) means of expediting processing at all stages of the
process for applicants, including consideration of reducing
required forms;
(5) appropriate staffing levels for expedited processing
domestically and abroad;
(6) the effect of uncertainty of visa availability on visa
processing;
(7) the cost and availability of medical examinations; and
(8) means to reduce delays in interagency processing and
security checks.
(c) Consultation.--In preparing the report under subsection
(a), the Inspector General shall consult with current and, to
the extent possible, former employees of--
(1) the Department of State, Bureau of Consular Affairs,
Visa Office;
(2) the Department of State, Bureau of Near Eastern Affairs
and South and Central Asian Affairs, Executive Office;
(3) the United States embassy in Kabul, Afghanistan,
Consular Section;
(4) the United States embassy in Baghdad, Iraq, Consular
Section;
(5) the Department of Homeland Security, U.S. Citizenship
and Immigration Services;
(6) the Department of Defense; and
(7) non-governmental organizations providing legal aid in
the special immigrant visa application process.
SEC. 1216. MEANINGFUL INCLUSION OF AFGHAN WOMEN IN PEACE
NEGOTIATIONS.
(a) In General.--The Secretary of State, in coordination
with the Secretary of Defense, shall seek to ensure the
meaningful participation of Afghan women in the peace process
in Afghanistan in a manner consistent with the Women, Peace,
and Security Act of 2017 (22 U.S.C. 2152j et seq.), including
through advocacy for the inclusion of Afghan women in ongoing
and future negotiations to end the conflict in Afghanistan.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate committees of Congress a report describing
the steps taken to fulfill the duties of the Secretary of
State and the Secretary of Defense under subsection (a).
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1217. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393), as most recently amended
by section 1225 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
is further amended to read as follows:
``(a) Authority.--From funds made available for the
Department of Defense for the period beginning on October 1,
2019, and ending on December 31, 2020, for overseas
contingency operations for operation and maintenance,
Defense-wide activities, the Secretary of Defense may
reimburse any key cooperating nation (other than Pakistan)
for--
``(1) logistical and military support provided by that
nation to or in connection with United States military
operations in Afghanistan, Iraq, or Syria; and
``(2) logistical, military, and other support, including
access, provided by that nation to or in connection with
United States military operations described in paragraph
(1).''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``October 1, 2018, and ending on December
31, 2019'' and inserting ``October 1, 2019, and ending on
December 31, 2020''; and
(2) by striking ``$350,000,000'' and inserting
``$450,000,000''.
SEC. 1218. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE
GOVERNMENT OF AFGHANISTAN.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide covered
support for reconciliation activities to one or more
designated persons or entities or Federal agencies.
(b) Framework for Use of Authority.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense, with the concurrence of the Secretary of State,
shall submit to the appropriate committees of Congress a
report on the use of the authority under subsection (a) that
includes--
(1) a framework for use of such authority;
(2) evaluation requirements; and
(3) a prioritization of covered support.
(c) Designation.--Not later than 15 days before the
Secretary of Defense designates an individual or organization
as a designated person or
[[Page H9513]]
entity, the Secretary shall notify the congressional defense
committees of the intent of the Secretary to make such
designation.
(d) Reimbursement.--
(1) Designated persons or entities.--The Secretary of
Defense may provide covered support to a designated person or
entity on a nonreimbursable basis.
(2) Federal agencies.--The Secretary of Defense may provide
covered support to a Federal agency on a reimbursable or
nonreimbursable basis.
(e) Location of Covered Support.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense may only provide covered support within
Afghanistan.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary of Defense may provide covered support in Pakistan
if the Secretary of Defense, with the concurrence of the
Secretary of State, determines, and certifies to the
appropriate committees of Congress, that providing covered
support in Pakistan is in the national security interest of
the United States.
(f) Notification.--Not later than 15 days after the date on
which the Secretary of Defense provides covered support in
Pakistan, or an individual expenditure for covered support
reaches a monetary threshold of $75,000 or greater, the
Secretary shall submit to the appropriate committees of
Congress written notice that includes--
(1) the intended recipient of such covered support and the
specific covered support to be provided; and
(2) a description of the manner in which such covered
support facilitates reconciliation.
(g) Funding.--
(1) Source of funds.--Amounts for covered support may only
be derived from amounts authorized to be appropriated for the
Department of Defense for operation and maintenance.
(2) Limitation.--Not more than $15,000,000 may be used in
each fiscal year to provide covered support under this
section.
(h) Rule of Construction.--Covered support shall not be
construed to violate section 2339, 2339A, or 2339B of title
18, United States Code.
(i) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and quarterly thereafter, the
Secretary of Defense shall, with the concurrence of the
Secretary of State, submit to the appropriate committees of
Congress a report on covered support during the preceding 90-
day period.
(2) Elements.--Each report under this subsection shall
include, for the preceding reporting period, the following:
(A) A summary of the reconciliation activities for which
covered support was provided.
(B) A description of the covered support, by class or type,
and the designated person or entity or Federal agency that
received each class or type of covered support.
(C) The total dollar amount of each class or type of
covered support, including budget details.
(D) The intended duration of each provision of covered
support.
(E) Any other matter the Secretary of Defense considers
appropriate.
(j) Sunset.--The authority to carry out this section shall
terminate on December 31, 2020.
(k) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of the Senate; and
(C) the Committee on Foreign Affairs of the House of
Representatives.
(2) Covered support.--
(A) In general.--The term ``covered support'' means
logistic support, supplies, and services (as defined in
section 2350 of title 10, United States Code) and security
provided under this section.
(B) Exclusions.--The term ``covered support'' does not
include the following support, supplies, or services
described in section 2350 of title 10, United States Code:
(i) Ammunition, construction incident to base operations
support, training services, and the temporary use of general
purpose vehicles.
(ii) With respect to any member of the Taliban,
transportation in vehicles or on aircraft owned by the United
States Government.
(3) Designated person or entity.--
(A) In general.--The term ``designated person or entity''
means an individual or organization designated by the
Secretary of Defense, with the concurrence of the Secretary
of State, as necessary to facilitate a reconciliation
activity.
(B) Exclusion.--The term ``designated person or entity''
does not include a Federal agency or department.
(4) Reconciliation activity.--The term ``reconciliation
activity'' means any activity intended to support,
facilitate, or enable a political settlement between the
Government of Afghanistan and the Taliban for the purpose of
ending the war in Afghanistan.
(5) Security.--The term ``security'' means any measure
determined by the Secretary of Defense to be necessary to
protect reconciliation activities from hostile acts.
SEC. 1219. MODIFICATION AND EXTENSION OF THE AFGHAN SPECIAL
IMMIGRANT VISA PROGRAM.
(a) Principal Aliens.--Subclause (I) of section
602(b)(2)(A)(ii) of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note) is amended to read as follows:
``(I) by, or on behalf of, the United States Government;
or''.
(b) Extension of Afghan Special Immigrant Program.--Section
602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in the heading, by striking ``2015, 2016, and 2017''
and inserting ``2015 through 2020'';
(2) in the matter preceding clause (i), by striking
``18,500'' and inserting ``22,500'';
(3) in clause (i), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(4) in clause (ii), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION OF AUTHORITY AND LIMITATION ON USE OF
FUNDS TO PROVIDE ASSISTANCE TO COUNTER THE
ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated for fiscal year 2020 by this Act for
activities under section 1236 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3558), as amended by
this section, not more than 50 percent may be obligated or
expended for such activities until the date on which the
Secretary of Defense submits to the congressional defense
committees a report setting forth the following:
(1) An assessment of--
(A) security in liberated areas in Iraq;
(B) the extent to which security forces trained and
equipped, directly or indirectly, by the United States are
prepared to provide post-conflict stabilization and security
in such liberated areas; and
(C) the effectiveness of security forces in the post-
conflict environment and an identification of which such
forces will provide post-conflict stabilization and security
in such liberated areas.
(2) A summary of available information relating to the
disposition of militia groups throughout Iraq, with
particular focus on groups in areas liberated from ISIS or in
sensitive areas with historically mixed ethnic or minority
communities.
(3) Any updates to or changes in the plan, strategy,
process, vetting requirements and process as described in
subsection (e) of such section 1236, and end-use monitoring
mechanisms and procedures.
(4) An identification of the specific units of the Iraqi
Security Forces to receive training and equipment or other
support in fiscal year 2020.
(5) A plan for ensuring that any vehicles or equipment
provided to the Iraqi Security Forces pursuant to such
authority are maintained in subsequent fiscal years using
funds of Iraq.
(6) A description of any misuse or loss of provided
equipment and how such misuse or loss is being mitigated.
(7) An estimate, by fiscal year, of the funding anticipated
to be required for support of the Iraqi Security Forces
during the five fiscal years beginning in fiscal year 2020.
(8) A plan for normalizing assistance to the Iraqi Security
Forces under chapter 16 of title 10, United States Code,
beginning in fiscal year 2020.
(9) A detailed plan for the obligation and expenditure of
the funds requested for fiscal year 2020 for the Department
of Defense for stipends.
(10) A plan for the transition to the Government of Iraq
the responsibility for funding for stipends for any fiscal
year after fiscal year 2020.
(11) A description of how attacks against United States or
coalition personnel are being mitigated, statistics on any
such attacks, including ``green-on-blue'' attacks.
(12) A list of the forces or elements of forces that are
restricted from receiving assistance under subsection (a) of
such section 1236, other than the forces or elements of
forces with respect to which the Secretary of Defense has
exercised the waiver authority under subsection (j) of such
section 1236, as a result of vetting required by subsection
(e) of such section 1236 or by section 362 of title 10,
United States Code, and a detailed description of the reasons
for such restriction, including for each force or element, as
applicable, the following:
(A) Information relating to gross violation of human rights
committed by such force or element, including the time-frame
of the alleged violation.
(B) The source of the information described in subparagraph
(A) and an assessment of the veracity of the information.
(C) The association of such force or element with terrorist
groups or groups associated with the Government of Iran.
(D) The amount and type of any assistance provided to such
force or element by the Government of Iran.
(b) Funding.--Subsection (g) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558) is amended--
(1) by striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$850,000,000'' and inserting
``$645,000,000''.
(c) Clarification With Respect to Scope of Authority.--
(1) In general.--Subsection (j)(2) of such section 1236 is
amended to read as follows:
``(2) Scope of assistance authority.--Notwithstanding
paragraph (1), the authority granted by subsection (a) may
only be exercised in consultation with the Government of
Iraq.''.
(2) Technical correction.--The heading of subsection (j) of
such section 1236 is amended by inserting ``; Scope'' after
``Authority''.
(d) Technical Correction.--Subsection (c) of such section
1236 is amended in the matter preceding paragraph (1) by
striking ``subsection (a)(1)'' and inserting ``subsection
(b)(1)(A)''.
(e) Additional Technical Correction.--Effective as of
December 12, 2017, and as if included therein as enacted,
section 1222 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1651) is
amended--
[[Page H9514]]
(1) by striking subsection (b); and
(2) by striking subsection (c)(3).
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND
INDIVIDUALS.
(a) Extension and Modification.--Section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3559) is amended as follows:
(1) In subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``with a cost'' and all that follows through ``through
December 31, 2019'' and inserting ``and sustainment to
appropriately vetted Syrian groups and individuals through
December 31, 2020''; and
(B) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Defending the Syrian people from attacks by the
Islamic State of Iraq and Syria.
``(2) Securing territory formerly controlled by the Islamic
State of Iraq and Syria.
``(3) Protecting the United States and its partners and
allies from the threats posed by the Islamic State of Iraq
and Syria, al Qaeda, and associated forces in Syria.
``(4) Providing appropriate support to vetted Syrian groups
and individuals to conduct temporary and humane detention and
repatriation of Islamic State of Iraq and Syria foreign
terrorist fighters in accordance with all laws and
obligations related to the conduct of such operations,
including, as applicable--
``(A) the law of armed conflict;
``(B) internationally recognized human rights;
``(C) the principle of non-refoulement;
``(D) the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (done at New
York on December 10, 1984); and
``(E) the United Nations Convention Relating to the Status
of Refugees, done at Geneva July 28, 1951 (as made applicable
by the Protocol Relating to the Status of Refugees, done at
New York January 31, 1967 (19 UST 6223)).''.
(2) By amending subsection (b) to read as follows:
``(b) Notice Before Provision of Assistance.--
``(1) In general.--In accordance with the requirements
under paragraph (2), the Secretary of Defense shall notify
the congressional defense committees in writing of the use of
the relevant authority to provide assistance and include the
following:
``(A) The requirements and process used to determine
appropriately vetted recipients.
``(B) The mechanisms and procedures that will be used to
monitor and report to the appropriate congressional
committees and leadership of the House of Representatives and
Senate on unauthorized end-use of provided training and
equipment or other violations of relevant law by
appropriately vetted recipients.
``(C) The amount, type, and purpose of assistance to be
funded and the recipient of the assistance.
``(D) The goals and objectives of the assistance.
``(E) The number and role of United States Armed Forces
personnel involved.
``(F) Any other relevant details.
``(2) Timing of required notice.--A notice described in
paragraph (1) shall be required--
``(A) not later than 15 days before the expenditure of each
10-percent increment of the amount made available in fiscal
year 2019 or fiscal year 2020 to carry out the authorization
in this section; or
``(B) not later than 48 hours after such an expenditure, if
the Secretary determines that extraordinary circumstances
that affect the national security of the United States
exist.''.
(3) By amending subsection (c) to read as follows:
``(c) Form.--The notifications required under subsection
(b) shall be submitted in unclassified form but may include a
classified annex.''.
(4) By amending subsection (d) to read as follows:
``(d) Quarterly Progress Reports.--
``(1) In general.--Beginning on January 15, 2020, and every
90 days thereafter, the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate
congressional committees and leadership of the House of
Representatives and the Senate a progress report.
``(2) Matters to be included.--Each progress report under
paragraph (1) shall include, based on the most recent
quarterly information, the following:
``(A) A description of the appropriately vetted recipients
receiving assistance under subsection (a), including a
description of their geographical locations, demographic
profiles, political affiliations, and current capabilities.
``(B) A description of training, equipment, supplies,
stipends, and other support provided to appropriately vetted
recipients under subsection (a) and a statement of the amount
of funds expended for such purposes during the period covered
by the report.
``(C) Any misuse or loss of provided training and equipment
and how such misuse or loss is being mitigated.
``(D) An assessment of the recruitment, throughput, and
retention rates of appropriately vetted recipients.
``(E) An assessment of the operational effectiveness of
appropriately vetted recipients in meeting the purposes
specified in subsection (a).
``(F) A description of the current and planned posture of
United States forces and the planned level of engagement by
such forces with appropriately vetted recipients, including
the oversight of equipment provided under this section and
the activities conducted by such appropriately vetted
recipients.
``(G) A detailed explanation of the relationship between
appropriately vetted recipients and civilian governance
authorities, including a description of efforts to ensure
appropriately vetted recipients are subject to the control of
competent civilian authorities.
``(H) A description of United States Government
stabilization objectives and activities carried out in areas
formerly controlled by the Islamic State of Iraq and Syria,
including significant projects and funding associated with
such projects.
``(I) A description of coalition contributions to the
purposes specified in subsection (a) and other related
stabilization activities.
``(J) With respect to Islamic State of Iraq and Syria
foreign terrorist fighters--
``(i) an estimate of the number of such individuals being
detained by appropriately vetted Syrian groups and
individuals;
``(ii) an estimate of the number of such individuals that
have been repatriated and the countries to which such
individuals have been repatriated; and
``(iii) a description of United States Government support
provided to facilitate the repatriation of such individuals.
``(I) An assessment of the extent to which appropriately
vetted Syrian groups and individuals have enabled progress
toward establishing inclusive, representative, accountable,
and civilian-led governance and security structures in
territories liberated from the Islamic State of Iraq and
Syria.''.
(5) In subsection (e)(1)(A), by striking ``include,'' and
all that follows through ``(ISIL)'' and inserting ``include
the Islamic State of Iraq and Syria''.
(6) By striking subsection (f) and inserting the following:
``(f) Restriction on Scope of Assistance in the Form of
Weapons.--
``(1) In general.--The Secretary may only provide
assistance in the form of weapons pursuant to the authority
under subsection (a) if such weapons are small arms or light
weapons.
``(2) Waiver.--The Secretary may waive the restriction
under paragraph (1) upon certification to the appropriate
congressional committees that such provision of law would
(but for the waiver) impede national security objectives of
the United States by prohibiting, restricting, delaying, or
otherwise limiting the provision of assistance.''.
(5) In subsection (g)--
(A) by inserting ``, at the end of the 15-day period
beginning on the date the Secretary notifies the
congressional defense committees of the amount, source, and
intended purpose of such contributions'' after ``as
authorized by this section''; and
(B) by striking ``operation and maintenance accounts'' and
all that follows through the end of the subsection and
inserting ``accounts.''.
(6) By amending subsection (l) to read as follows:
``(l) Limitation on Cost of Construction and Repair
Projects.--
``(1) In general.--The cost of construction and repair
projects carried out under this section may not exceed, in
any fiscal year--
``(A) $4,000,000 per project; or
``(B) $20,000,000 in the aggregate.
``(2) Foreign contributions.--The limitation under
paragraph (1) shall not apply to the expenditure of foreign
contributions in excess of the per-project or aggregate
limitation set forth in that paragraph.''.
(b) Availability of Authority.--Not more than 10 percent of
the funds authorized to be appropriated for the Department of
Defense for activities under the authority provided by
section 1209 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3559), as amended by
subsection (a) of this section, may be obligated or expended
until the first quarterly report required to be submitted
pursuant to subsection (d) of such section 1209 (as so
amended) has been submitted to the appropriate congressional
committees and leadership in accordance with such subsection.
SEC. 1223. MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS
AND ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Modification.--Section 1215 of the National Defense
Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note)
is amended as follows:
(1) Authority.--By amending subsection (a) to read as
follows:
``(a) Authority.--The Secretary of Defense may support
United States Government security cooperation activities in
Iraq by providing funds for the operations and activities of
the Office of Security Cooperation in Iraq.''.
(2) Types of support.--In subsection (b)--
(A) by striking the comma after ``life support'' and
inserting ``and''; and
(B) by striking ``, and construction and renovation of
facilities''.
(3) Limitation on amount.--In subsection (c)--
(A) by striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''; and
(B) by striking ``$45,300,000'' and inserting
``$30,000,000''.
(4) Source of funds.--In subsection (d), by striking
``fiscal year 2019'' and inserting ``fiscal year 2020''.
(5) Coverage of costs of the office of security cooperation
in iraq.--In subsection (e)--
(A) in the heading, by striking ``of OSCI'';
(B) by inserting ``appropriate administrative charges''
after ``includes'' and
(C) by striking ``, charges sufficient to recover'' and all
that follows through ``with such sale''.
(6) Additional authority.--In subsection (f), by adding at
the end the following new paragraph:
``(3) Sunset.--The authority provided in this subsection
shall terminate on the date that is 90 days after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020.''.
[[Page H9515]]
(7) Reports.--In subsection (g)--
(A) in paragraph (1), by striking ``September 30, 2015''
and inserting ``September 30, 2020''; and
(B) in paragraph (2)--
(i) by striking ``current'' each place it appears;
(ii) in subparagraph (A), by striking ``Iraq, including''
and inserting ``Iraq that also addresses'';
(iii) in subparagraph (B), by striking ``the programs
conducted'' and all that follows through ``will address'' and
inserting ``United States security assistance and security
cooperation activities are intended to address''; and
(iv) by amending subparagraph (F) to read as follows:
``(F) An evaluation of the effectiveness of United States
efforts to promote respect for human rights, military
professionalism, and respect for legitimate civilian
authority in Iraq.''.
(b) Limitation on Availability of Funds.--Such section 1215
is further amended by adding at the end the following:
``(h) Limitation on Availability of Funds.--Of the amount
made available for fiscal year 2020 to carry out section 1215
of the National Defense Authorization Act for Fiscal Year
2012, not more than $20,000,000 may be obligated or expended
for the Office of Security Cooperation in Iraq until the date
on which the Secretary of Defense certifies to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate, that each of the following
reforms relating to that Office has been completed:
``(1) The appointment of a Senior Defense Official/Defense
Attache to oversee the Office.
``(2) The development of a staffing plan to reorganize the
Office in a manner similar to that of other security
cooperation offices in the region that emphasizes the
placement of personnel with regional or security cooperation
expertise in key leadership positions and closes duplicative
or extraneous sections.
``(3) The initiation of bilateral engagement with the
Government of Iraq with the objective of establishing a joint
mechanism for security assistance planning, including a five-
year security assistance roadmap for developing sustainable
military capacity and capabilities and enabling defense
institution building and reform.''.
SEC. 1224. ESTABLISHING A COORDINATOR FOR DETAINED ISIS
MEMBERS AND RELEVANT DISPLACED POPULATIONS IN
SYRIA.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President, in consultation
with the Secretary of Defense, the Secretary of State, the
Director of National Intelligence, the Secretary of the
Treasury, and the Attorney General, shall submit to the
appropriate committees of Congress a report identifying
whether a senior-level coordinator exists on all matters for
the United States Government relating to ISIS members who are
in Syrian Democratic Forces custody, including with respect
to--
(1) the long-term disposition of such ISIS members,
including in all matters in connection with--
(A) repatriation, transfer, prosecution, and intelligence-
gathering;
(B) all multilateral and international engagements led by
the Department of State and other agencies that are related
to the current and future handling, detention, and
prosecution of such ISIS members, including with the
International Criminal Police Organization; and
(C) coordinating the provision of technical and evidentiary
assistance to foreign countries to aid in the successful
prosecution of such ISIS members, as appropriate, in
accordance with international humanitarian law and other
internationally recognized human rights and rule of law
standards; and
(2) all multilateral and international engagements related
to the humanitarian access, provision of basic services,
freedom of movement, security and safe return of internally
displaced persons and refugees at camps or facilities in
Syria that hold family members of such ISIS members.
(b) Designation.--If the President is unable to identify a
senior-level coordinator for all matters described in
subsection (a), the President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of
National Intelligence, the Secretary of the Treasury, and the
Attorney General, shall designate an existing official within
the executive branch to serve as senior-level coordinator to
coordinate, in conjunction with other relevant agencies, all
matters described in such subsection.
(c) Retention of Authority.--The appointment of a senior-
level coordinator pursuant to subsection (b) shall not
deprive any agency of any authority to independently perform
functions of that agency.
(d) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than once
each year thereafter through January 31, 2021, the individual
designated under subsection (b) shall submit to the
appropriate committees of Congress a detailed report
regarding the following detained ISIS members:
(A) Alexanda Kotey.
(B) El Shafee Elsheikh.
(C) Aine Lesley Davis.
(D) Umm Sayyaf.
(E) Any other high-value detained ISIS member that the
coordinator reasonably determines to be subject to criminal
prosecution.
(2) Elements.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A detailed description of the facilities where detained
ISIS members described in paragraph (1) are being held,
including security and management of such facilities and
adherence to international humanitarian law standards.
(B) An analysis of all United States efforts to prosecute
detained ISIS members described in paragraph (1) and the
outcomes of such efforts. Any information, the disclosure of
which may violate Department of Justice policy or law,
relating to a prosecution or investigation may be withheld
from a report under paragraph (1).
(C) A detailed description of any option to expedite
prosecution of any detained ISIS member described in
paragraph (1), including in a court of competent jurisdiction
outside of the United States.
(D) An analysis of factors on the ground in Syria and Iraq
that may result in the unintended release of detained ISIS
members described in paragraph (1), and an assessment of any
measures available to mitigate such releases.
(E) A detailed description of efforts to coordinate the
disposition and security of detained ISIS members described
in paragraph (1) with other countries and international
organizations, including the International Criminal Police
Organization, to ensure secure chains of custody and
locations of such ISIS members.
(F) An analysis of the manner in which the United States
Government communicates on such proposals and efforts to the
families of United States citizens believed to be a victim of
a criminal act by a detained ISIS member.
(G) An analysis of all efforts between the United States
and partner countries within the Global Coalition to Defeat
ISIS or other countries to share intelligence or evidence
that may aid in the prosecution of ISIS members, and any
legal obstacles that may hinder such efforts.
(H) A description of all multilateral and international
engagements related to the humanitarian access and provision
of basic services to and freedom of movement and security and
safe return of internally displaced persons and refugees at
camps or facilities in Iraq, Syria, or any other area
affected by ISIS activity, including--
(i) any current or future potential threats to United
States national security interests emanating from such
individuals (including an analysis of the Al-Hol camp and
annexes); and
(ii) United States Government plans and strategies to
respond to any such threats.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Sunset.--The requirements under this section shall
sunset on January 31, 2021.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, the
Committee on Banking, Housing, and Urban Affairs, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, Committee on
Financial Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
(2) ISIS member.--The term ``ISIS member'' means a person
who was part of, or substantially supported, the Islamic
State of Iraq and Syria.
SEC. 1225. REPORT ON LESSONS LEARNED FROM EFFORTS TO LIBERATE
MOSUL AND RAQQAH FROM CONTROL OF THE ISLAMIC
STATE OF IRAQ AND SYRIA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on lessons learned from coalition operations to liberate
Mosul, Iraq, and Raqqah, Syria, from control of the Islamic
State of Iraq and Syria (ISIS).
(b) Elements.--The report required by subsection (a) shall
include a description of lessons learned in connection with
each of the following:
(1) Combat in densely populated urban environments.
(2) Enablement of partner forces, including unique aspects
of conducting combined operations with regular and irregular
forces.
(3) Advise, assist, and accompany efforts, including such
efforts conducted remotely.
(4) Integration of United States general purpose and
special operations forces.
(5) Integration of United States and international forces.
(6) Irregular and unconventional warfare approaches,
including the application of training and doctrine by special
operations and general purpose forces.
(7) Use of command, control, communications, computer,
intelligence, surveillance, and reconnaissance systems and
techniques.
(8) Logistics.
(9) Information operations.
(10) Targeting and weaponeering, including efforts to avoid
civilian casualties and other collateral damage.
(11) Facilitation of flows of internally displaced people
and humanitarian assistance.
(12) Such other matters as the Secretary considers
appropriate and could benefit training, doctrine, and
resourcing of future operations.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1226. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF
IRAN TO VICTIMS OF TERRORISM.
Section 502 of the Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8772) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``in the United
States'' and inserting ``by or'';
(B) in subparagraph (B), by inserting ``, or an asset that
would be blocked if the asset were located in the United
States,'' after ``unblocked)''; and
[[Page H9516]]
(C) in the flush text at the end--
(i) by inserting after ``in aid of execution'' the
following: ``, or to an order directing that the asset be
brought to the State in which the court is located and
subsequently to execution or attachment in aid of
execution,''; and
(ii) by inserting ``, without regard to concerns relating
to international comity'' after ``resources for such an
act''; and
(2) in subsection (b)--
(A) by striking ``that are identified'' and inserting the
following: ``that are--
``(1) identified'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) identified in and the subject of proceedings in the
United States District Court for the Southern District of New
York in Peterson et al. v. Islamic Republic of Iran et al.,
Case No. 13 Civ. 9195 (LAP).''.
SEC. 1227. REPORT ON THE STATUS OF DECONFLICTION CHANNELS
WITH IRAN.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the President shall submit to Congress
a report on the status of deconfliction channels with Iran.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) The status of United States diplomatic deconfliction
channels with Iran to prevent miscalculation, define
ambiguities, and correct misunderstandings that could
otherwise lead to unintended consequences, including
unnecessary or harmful military activity.
(2) The status of United States military-to-military
deconfliction channels with Iran to prevent military and
diplomatic miscalculation.
(3) An analysis of the need and rationale for bilateral and
multilateral deconfliction channels, including an assessment
of recent United States experience with such channels of
communication with Iran.
SEC. 1228. PROHIBITION ON PROVISION OF WEAPONS AND OTHER
FORMS OF SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2020 may be used to knowingly provide weapons or
any other form of support to Al Qaeda, the Islamic State of
Iraq and Syria (ISIS), Jabhat Fateh al Sham, Hamas,
Hizballah, Palestine Islamic Jihad, al-Shabaab, Islamic
Revolutionary Guard Corps, or any individual or group
affiliated with any such organization.
Subtitle D--Matters Relating to the Russian Federation
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is
amended by striking ``or 2019'' and inserting ``, 2019, or
2020''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF RUSSIA OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Department of Defense may be
obligated or expended to implement any activity that
recognizes the sovereignty of Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under
subsection (a) if the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason
for seeking the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1233. SENSE OF CONGRESS ON UPDATING AND MODERNIZING
EXISTING AGREEMENTS TO AVERT MISCALCULATION
BETWEEN THE UNITED STATES AND RUSSIA.
It is the sense of Congress that--
(1) conventional arms control and confidence and security
building measures have played an important role in helping to
increase military transparency and reduce the risk of
miscalculation;
(2) Russia's violations of the sovereignty and territorial
integrity of Georgia and Ukraine, and Russia's ongoing
destabilizing and aggressive behavior, has undermined peace,
security, and stability in Europe and beyond;
(3) Russia's unilateral suspension and violation of the
Treaty on Conventional Armed Forces in Europe, done at Vienna
November 19, 1990, and entered into force November 9, 1992,
and selective implementation of the Vienna Document of the
Organization for Security and Cooperation in Europe 2011 have
contributed to a greater risk of miscalculation;
(4) Russia's unsafe and unprofessional interactions with
United States aircraft and vessels--
(A) are contrary to the spirit of--
(i) the Agreement Between the Government of the United
States and the Government of the Union of Soviet Socialist
Republics on the Prevention of Incidents On and Over the High
Seas, done at Moscow May 25, 1972, and entered into force May
25, 1972; and
(ii) the Agreement on the Prevention of Dangerous Military
Activities Agreement, done at Moscow June 12, 1989, and
entered into force January 1, 1990; and
(B) erode military transparency, predictability, and trust;
(5) the United States remains committed to upholding its
current treaty obligations and commitments with respect to
conventional arms control and confidence and security
building measures; and
(6) the Secretary of Defense and the Secretary of State
should explore options, as practicable, for updated or new
frameworks for increasing military transparency, stability,
and reducing the risk of miscalculation, including through
enhanced diplomatic engagement and military-to-military
dialogue.
SEC. 1234. UNITED STATES PARTICIPATION IN OPEN SKIES TREATY.
(a) Notification Required.--Not later than 120 days before
the provision of notice of intent to withdraw the United
States from the Open Skies Treaty to either treaty depository
pursuant to Article XV of the Treaty, the Secretary of
Defense and the Secretary of State shall jointly submit to
the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a notification
that--
(1) such withdrawal is in the best interests of the United
States national security; and
(2) the other state parties to the Treaty have been
consulted with respect to such withdrawal.
(b) Repeal of Limitation on Use of Funds to Vote to Approve
or Otherwise Adopt Any Implementing Decision of the Open
Skies Consultative Commission and Modifications to Report.--
(1) In general.--Section 1236 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2491) is amended--
(A) by striking subsections (a) and (b); and
(B) by redesignating subsections (c), (d), (e), and (f) as
subsections (a), (b), (c), and (d), respectively.
(2) Modifications to report.--Subsection (a) of such
section, as so redesignated, is amended--
(A) in the heading, by striking ``Quarterly'' and inserting
``Annual'';
(B) in paragraph (1)--
(i) by inserting ``the Secretary of State,'' before ``the
Secretary of Energy'';
(ii) by striking ``quarterly basis'' and inserting ``annual
basis'';
(iii) by striking ``by the Russian Federation over the
United States'' and inserting ``by all parties to the Open
Skies Treaty, including the United States, under the
Treaty''; and
(iv) by striking ``calendar quarter'' and inserting
``preceding calendar year''; and
(C) in paragraph (2), by striking subparagraphs (B), (C),
and (D) and inserting the following:
``(B) In the case of an observation flight by the United
States, including an observation flight over the territory of
Russia--
``(i) an analysis of data collected that supports United
States intelligence and military collection goals; and
``(ii) an assessment of data collected regarding military
activity that could not be collected through other means.
``(C) In the case of an observation flight over the
territory of the United States--
``(i) an analysis of whether and the extent to which any
United States critical infrastructure was the subject of
image capture activities of such observation flight;
``(ii) an estimate for the mitigation costs imposed on the
Department of Defense or other United States Government
agencies by such observation flight; and
``(iii) an assessment of how such information is used by
the parties conducting the observation flight, for what
purpose, and how the information fits into the overall
collection posture.''.
(3) Form.--Subsection (c) of such section, as so
redesignated, is amended by striking ``certification, report,
and notice'' and inserting ``report''.
(4) Definitions.--Subsection (d) of such section, as so
redesignated, is amended--
(A) by striking paragraphs (3) and (6); and
(B) by redesignating paragraphs (4), (5), and (7) as
paragraphs (3), (4), and (5), respectively.
(c) Open Skies: Implementation Plan.--Section 1235(a) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1660) is amended--
(1) in paragraph (1)--
(A) by striking ``during such fiscal year'' and inserting
``during a calendar year''; and
(B) by striking ``the President submits'' and all that
follows and inserting ``the Secretary of Defense provides to
the appropriate congressional committees a report on a plan
described in paragraph (2) with respect to such calendar
year.'';
(2) in paragraph (2), by striking ``such fiscal year'' and
inserting ``such calendar year''; and
(3) in paragraph (3), by striking ``a fiscal year and
submit the updated plan'' and inserting ``a calendar year and
provide a report on the updated plan''.
(d) Definition of Open Skies Treaty; Treaty.--In this
section, the term ``Open Skies Treaty'' or ``Treaty'' means
the Treaty on Open Skies, done at Helsinki March 24, 1992,
and entered into force January 1, 2002.
SEC. 1235. MODIFICATIONS OF BRIEFING, NOTIFICATION, AND
REPORTING REQUIREMENTS RELATING TO NON-
COMPLIANCE BY THE RUSSIAN FEDERATION WITH ITS
OBLIGATIONS UNDER THE INF TREATY.
(a) Briefing Requirement.--Section 1244(d) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3565; 22 U.S.C. 2593a note) is amended--
(1) by striking ``At the time'' and inserting the
following:
``(1) In general.--At the time''; and
(2) by adding at the end the following new paragraph:
``(2) Sunset.--The briefing requirement under paragraph (1)
shall be in effect so long as the INF Treaty remains in
force.''.
[[Page H9517]]
(b) Notification Requirement Relating to Coordination With
Allies.--Section 1243(c) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1601) is amended by adding at the end the following
new paragraph:
``(3) Sunset.--The notification requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
(c) Notification Requirement Relating to Development,
Deployment, or Test of a System Inconsistent With INF
Treaty.--Section 1244(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1673; 22 U.S.C. 2593a note) is amended by adding at
the end the following new paragraph:
``(3) Sunset.--The notification requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
(d) Reporting Requirement Under Ukraine Freedom Support Act
of 2014.--Section 10(c) of the Ukraine Freedom Support Act of
2014 (22 U.S.C. 8929) is amended by adding at the end the
following new paragraph:
``(3) Sunset.--The reporting requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
SEC. 1236. REPORT ON TREATIES RELATING TO NUCLEAR ARMS
CONTROL.
(a) Findings.--Congress finds the following:
(1) On October 24, 2018, the House Committee on Armed
Services and House Committee on Foreign Affairs wrote to the
Secretary of Defense requesting information regarding the
Administration's policies and strategies related to nuclear
arms control.
(2) The Committees did not receive the requested
information from the Secretary of Defense.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State and the Director
of National Intelligence, shall submit to the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services,
the Select Committee on Intelligence, and the Committee on
Foreign Relations of the Senate an assessment that includes
each of the following:
(1) The implications, in terms of military threat to the
United States or its allies in Europe, of Russian deployment
of intermediate-range cruise and ballistic missiles without
restriction.
(2) What new capabilities the United States might need in
order to pursue additional technologies or programs to offset
such Russian capabilities, and the costs associated with such
capabilities, technologies, and programs.
(3) An assessment of the threat to the United States of
Russia's strategic nuclear force in the event the New START
Treaty lapses.
(4) What measures could have been taken short of
withdrawal, including economic, military, and diplomatic
options, to increase pressure on Russia for violating the INF
Treaty.
(5) The status of all consultations with allies pertaining
to the INF Treaty and the threat posed by Russian forces that
are noncompliant with the obligations of such treaty.
(6) The impact that Russian withdrawal from the INF Treaty
and the expiration of the New START Treaty could have on
long-term United States-Russia strategic stability.
(c) Withholding of Funds.--Until the date of the submission
of the assessment required by subsection (b), an amount that
is equal to 20 percent of the total amount authorized to be
appropriated to the Office of the Secretary of Defense under
the Operations and Maintenance, Defense-Wide account for the
travel of persons shall be withheld from obligation or
expenditure.
(d) Definitions.--In this section:
(1) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed at Prague
April 8, 2010, and entered into force February 5, 2011.
(2) Inf treaty.--The term ``INF Treaty'' means the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, signed at Washington
December 8, 1987, and entered into force June 1, 1988.
SEC. 1237. REPORTS RELATING TO THE NEW START TREATY.
(a) Sense of Congress.--It is the sense of Congress that
legally binding, verifiable limits on Russian strategic
nuclear forces are in the national security interest of the
United States.
(b) Prior Notification for Withdrawal.--Not later than 120
days before the provision to Russia, pursuant to Article XIV
of the New Start Treaty, of notice of intent to withdraw the
United States from the Treaty, the Secretary of Defense and
the Secretary of State shall jointly submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a notification that includes
a description of the extraordinary events jeopardizing the
United States' supreme interests accompanying such notice of
intent to withdraw in accordance with the requirements of
such Article XIV.
(c) Assessments From Director of National Intelligence.--
(1) Relating to expiration of new start treaty.--Not later
than 180 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the
appropriate congressional committees an assessment of the
implications of the expiration of the New START Treaty
without the United States and Russia having entered into a
new arms control agreement. The assessment shall include the
following elements:
(A) An assessment of possible changes to the Russian
nuclear force structure through 2026, if the Treaty expires
in 2021 without replacement, including Russia's ability and
intent to deploy strategic nuclear warheads and delivery
vehicles above the central limits of the Treaty and with
respect to possible future strategic nuclear weapons research
and development programs.
(B) An assessment of the verification and transparency
benefits of the Treaty and a description of the Treaty's
impact on the United States' understanding of Russia's
nuclear forces.
(C) An assessment of what actions would be necessary for
the United States to remediate the loss of the Treaty's
verification and transparency benefits if the Treaty is not
extended and a new arms control agreement is not concluded,
and an estimate of the remedial resources required to ensure
no concomitant loss of understanding of Russia's nuclear
forces as practicable.
(2) Relating to russia's willingness to engage in nuclear
arms control negotiations.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees an assessment of Russia's willingness to engage in
nuclear arms control negotiations and Russia's priorities in
these negotiations. The assessment shall include the
following elements:
(A) An assessment of Russia's willingness to extend the New
START Treaty and its likely negotiating position to discuss
such an extension with the United States.
(B) An assessment of Russia's interest in negotiating a
broader arms control agreement that would include nuclear
weapons systems not accountable under the New START Treaty,
including non-strategic nuclear weapons.
(C) An assessment of what concessions Russia would likely
seek from the United States during such negotiations,
including what additional United States' military
capabilities Russia would seek to limit, in any broader arms
control negotiation.
(D) Any other matter the Director determines to be
relevant.
(d) Reports and Briefing From Secretary of State.--
(1) Relating to nato, nato member countries, and other
united states allies.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit a
report and provide a briefing to the appropriate
congressional committees that includes--
(A) an assessment of the likely reactions of the North
Atlantic Treaty Organization (NATO), NATO member countries,
and other United States allies and partners to the expiration
of the New START Treaty without the entry into force of a new
nuclear arms control agreement between the United States and
Russia; and
(B) a description of the consultations undertaken with
allies relating to the Treaty.
(2) Relating to ongoing implementation of the new start
treaty.--Not later than 60 days after the date of the
enactment of this Act, and again not later than September 1,
2020, the Secretary of State, in consultation with the
Secretary of Defense, shall submit a report to the
appropriate congressional committees with an assessment of
the following elements:
(A) Whether the Russian Federation remains in compliance
with its obligations under the New START Treaty.
(B) Whether continuing implementation of the New START
Treaty remains in the national security interest of the
United States.
(3) Relating to other matters.--Not later than 90 days
after the date of the enactment of this Act, and every 180
days thereafter until the New START Treaty is extended beyond
February 2021 or expires, the Secretary of State, in
consultation with the Secretary of Defense, shall provide a
briefing to the appropriate congressional committees that
includes the following elements:
(A) A description of any discussions with Russia on the
Treaty or a multilateral arms control treaty with Russia and
other countries on the reduction and limitation of strategic
offensive arms, and discussions addressing the disparity
between the non-strategic nuclear weapons stockpiles of
Russia and of the United States, at the Assistant Secretary
level, Ambassadorial level, or higher.
(B) The dates, locations, discussion topics, and Russian
interlocutors involved in those discussions.
(C) An identification of the United States Government
departments and agencies involved in the discussions.
(D) The types of systems, both nuclear and nonnuclear,
discussed by either side in such discussions as the potential
subjects of an agreement.
(E) Whether formal negotiations to extend the Treaty or
negotiate a new agreement have occurred.
(e) Report and Briefing From Secretary of Defense.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Energy, shall submit a
report to the congressional defense committees that includes
an assessment of the manner and extent to which the United
States nuclear force structure could change if the New START
Treaty expires in 2021, including current and planned nuclear
modernization programs, and associated costs.
[[Page H9518]]
(2) Additional report upon expiration.--Not later than
April 5, 2021, the Secretary of Defense, in consultation with
the Secretary of Energy, shall, if the New START Treaty has
expired prior to such date, submit a plan describing the
manner in which the United States nuclear force structure
will change, including current and planned nuclear
modernization programs and associated costs.
(f) Form.--Each report, plan, or assessment required by
this section shall be submitted in unclassified form, but may
include a classified annex.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) New start treaty; treaty.--The terms ``New START
Treaty'' and ``Treaty'' mean the Treaty between the United
States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive
Arms, signed on April 8, 2010, and entered into force on
February 5, 2011.
SEC. 1238. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN
FEDERATION AND THE PEOPLE'S REPUBLIC OF CHINA
IN THE ARCTIC REGION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, shall submit to the appropriate
committees of Congress the following:
(1) A report on any military activities of the Russian
Federation in the Arctic region.
(2) A report on any military activities of the People's
Republic of China in the Arctic region.
(b) Matters to Be Included.--The reports under subsection
(a) shall include, with respect to the Russian Federation or
the People's Republic of China, as applicable, the following:
(1) A description of military activities of such country in
the Arctic region, including--
(A) the emplacement of military infrastructure, equipment,
or forces;
(B) any exercises or other military activities; and
(C) activities that are non-military in nature, but are
considered to have military or other strategic implications.
(2) An assessment of--
(A) the intentions of such activities;
(B) the extent to which such activities affect or threaten
the interests of the United States and allies in the Arctic
region; and
(C) any response to such activities by the United States or
allies.
(3) A description of future plans and requirements with
respect to such activities.
(c) Form.--Each report under subsection (a) shall be
submitted in classified form, but may include an unclassified
executive summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1239. UPDATED STRATEGY TO COUNTER THE THREAT OF MALIGN
INFLUENCE BY THE RUSSIAN FEDERATION AND OTHER
COUNTRIES.
(a) In General.--The Secretary of Defense and the Secretary
of State, in coordination with the appropriate United States
Government officials, shall jointly update, with the
additional elements described in subsection (b), the
comprehensive strategy to counter the threat of malign
influence developed pursuant to section 1239A of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1667).
(b) Additional Elements.--The updated strategy required
under subsection (a) shall include the following:
(1) With respect to each element specified in paragraphs
(1) through (7) of subsection (b) of such section 1239A,
actions to counter the threat of malign influence operations
by the People's Republic of China and any other country
engaged in significant malign influence operations.
(2) A description of the interagency organizational
structures and procedures for coordinating the implementation
of the comprehensive strategy for countering malign influence
by the Russian Federation, China, and any other country
engaged in significant malign influence operations.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report detailing the updated
strategy required under subsection (a).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress'' has
the meaning given the term in subsection (e) of such section
1239A.
Subtitle E--Matters Relating to Europe and NATO
SEC. 1241. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH
ATLANTIC TREATY ORGANIZATION.
It is the sense of Congress that--
(1) the North Atlantic Treaty Organization (NATO) is
critical to achieving United States national security
interests and defense objectives around the world;
(2) NATO is the most successful military alliance in
history, founded on the principles of democracy, individual
liberty, and the rule of law, and its contributions to the
collective defense are indispensable to the security,
prosperity, and freedom of its members;
(3) membership in NATO is a cornerstone of the security and
national defense of the United States;
(4) the United States commitment to the NATO alliance has
been foundational to the rules-based international order for
seven decades, helping to sustain a system of mutual security
and shared values and enhance the United States security
through common defense;
(5) the United States must remain ironclad in its
commitment to uphold its obligations under the North Atlantic
Treaty, including Article 5 of such Treaty;
(6) the United States should deepen strategic and defense
cooperation with non-NATO European partners, and encourage
NATO cooperation with such partners;
(7) the United States should encourage defense cooperation
that complements and strengthens NATO collective defense,
interoperability, and allies' commitment to Article 3 of the
North Atlantic Treaty; and
(8) the United States should pursue a long-term policy to
strengthen relationships with NATO allies, oppose efforts to
undermine and divide the NATO alliance, invest in long-term
efforts to deter aggression against NATO allies and counter
campaigns aimed at eroding shared values of the alliance, and
enhance interoperability and planning for collective defense.
SEC. 1242. PROHIBITION ON THE USE OF FUNDS TO SUSPEND,
TERMINATE, OR PROVIDE NOTICE OF DENUNCIATION OF
THE NORTH ATLANTIC TREATY.
Notwithstanding any other provision of law, no funds may be
obligated, expended, or otherwise made available during the
period beginning on the date of the enactment of this Act and
ending on December 31, 2020, to take any action to suspend,
terminate, or provide notice of denunciation of the North
Atlantic Treaty, done at Washington, D.C. on April 4, 1949.
SEC. 1243. FUTURE YEARS PLANS AND PLANNING TRANSPARENCY FOR
THE EUROPEAN DETERRENCE INITIATIVE.
(a) Amendments.--Section 1273 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1696) is amended as follows:
(1) In the section heading, by striking ``plan'' and
inserting ``plans''.
(2) In subsection (a) to read as follows:
``(a) Initial Plan.--Not later than December 31, 2019, the
Secretary of Defense, in consultation with the Commander of
the United States European Command, shall submit to the
congressional defense committees a future years plan on
activities and resources of the European Deterrence
Initiative (EDI) for fiscal year 2020 and not fewer than the
four succeeding fiscal years.''.
(3) Matters to be included.--In subsection (b)--
(A) in paragraph (1) to read as follows:
``(1) A description of the objectives of the EDI, including
a description of--
``(A) the intended force structure and posture of the
assigned and allocated forces within the area of
responsibility of the United States European Command for the
last fiscal year of the plan; and
``(B) the manner in which such force structure and posture
support the implementation of the National Defense
Strategy.'';
(B) in paragraph (5), by striking ``required infrastructure
investments'' and inserting ``required infrastructure and
military construction investments''; and
(C) in paragraph (8)--
(i) in subparagraph (E), by striking ``and'' at the end;
(ii) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(G) a detailed assessment of the resources necessary to
achieve the requirements of the plan, including specific cost
estimates for each project under the EDI to support increased
presence, exercises and training, enhanced prepositioning,
improved infrastructure, and building partnership capacity;
``(H) a detailed timeline to achieve the force posture and
capabilities, including permanent force posture requirements;
and
``(I) a detailed explanation of any significant
modifications to activities and resources as compared to the
future years plan on activities and resources of the EDI
submitted for the previous year.''.
(4) By redesignating subsections (c) and (d) as subsections
(d) and (e), respectively.
(5) By inserting after subsection (b) the following:
``(c) Subsequent Plans.--
``(1) In general.--Not later than the date on which the
Secretary of Defense submits to Congress the budget request
for the Department of Defense for fiscal year 2021 and each
fiscal year thereafter, the Secretary, in consultation with
the Commander of the United States European Command, shall
submit to the congressional defense committees a future years
plan on activities and resources of the European Deterrence
Initiative for such fiscal year and not fewer than the four
succeeding fiscal years.
``(2) Matters to be included.--The plan required under
paragraph (1) shall include--
``(A) the matters described in subsection (b); and
``(B) a detailed explanation of any significant
modifications in requirements or resources, as compared to
the plan submitted under such subsection (b).''.
(6) In subsection (d), as redesignated, by striking ``The
plan required under subsection (a)''
[[Page H9519]]
and inserting ``The plans required under subsections (a) and
(c)''.
(7) In subsection (e), as redesignated, by striking
``Limitations'' and all that follows through ``In the case
of'' and inserting ``Limitations.--In the case of''.
(b) Budget Display Information.--The Secretary of Defense
shall include in the materials submitted to Congress by the
Secretary in support of the budget of the President for
fiscal year 2021 and each fiscal year thereafter (as
submitted under section 1105 of title 31, United States
Code), a detailed budget display for the European Deterrence
Initiative that includes the following information
(regardless of whether the funding line is for overseas
contingency operations):
(1) With respect to procurement accounts--
(A) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(2) With respect to research, development, test, and
evaluation accounts--
(A) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(3) With respect to operation and maintenance accounts--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of how such amounts will specifically be
used.
(4) With respect to military personnel accounts--
(A) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(5) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount by fiscal year.
(c) End of Fiscal Year Report.--Not later than November 30,
2020, and annually thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains--
(1) a detailed summary of funds obligated for the European
Deterrence Initiative for the preceding fiscal year; and
(2) a detailed comparison of funds obligated for the
European Deterrence Initiative for the preceding fiscal year
to amounts requested for the Initiative for that fiscal year
in the materials submitted to Congress by the Secretary in
support of the budget of the President for that fiscal year
as required by subsection (c), including with respect to each
of the accounts described in paragraphs (1), (2), (3), (4),
and (5) of subsection (b) and the information required under
each such paragraph.
(d) Interim Briefing.--Not later than March 30, 2021, and
annually thereafter, the Secretary of Defense shall provide
the congressional defense committees with an interim briefing
on the status of all matters covered by the end of fiscal
year report required by section (c).
SEC. 1244. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended--
(1) in subsection (a), by striking ``in coordination with
the Secretary of State'' and inserting ``with the concurrence
of the Secretary of State'';
(2) in subsection (b)--
(A) by amending paragraph (11) to read as follows:
``(11) Air defense and coastal defense radars, and systems
to support effective command and control and integration of
air defense and coastal defense capabilities.'';
(B) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively;
(C) by inserting after paragraph (13) the following:
``(14) Coastal defense and anti-ship missile systems.'';
and
(D) in paragraph (15), as so redesignated, by striking
``paragraphs (1) through (13)'' and inserting ``paragraphs
(1) through (14)'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``50 percent of the funds
available for fiscal year 2019 pursuant to subsection
(f)(4)'' and inserting ``50 percent of the funds available
for fiscal year 2020 pursuant to subsection (f)(5)'';
(B) in paragraph (3), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''; and
(C) in paragraph (5), by striking ``Of the funds available
for fiscal year 2019 pursuant to subsection (f)(4)'' and
inserting ``Of the funds available for fiscal year 2020
pursuant to subsection (f)(5)'';
(4) in subsection (f), by adding at the end the following:
``(5) For fiscal year 2020, $300,000,000.''; and
(5) in subsection (h), by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
SEC. 1245. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY.
(a) Limitation.--None of the funds authorized to be
appropriated or otherwise made available for the Department
of Defense may be used to do the following, and the
Department may not otherwise do the following:
(1) Transfer, facilitate the transfer, or authorize the
transfer of, any F-35 aircraft or related support equipment
or parts to Turkey.
(2) Transfer intellectual property, technical data, or
material support necessary for, or related to, any
maintenance or support of the F-35 aircraft necessary to
establish Turkey's indigenous F-35 capability.
(3) Construct a storage facility for, or otherwise
facilitate the storage in Turkey of, any F-35 aircraft
transferred to Turkey.
(b) Waiver.--
(1) Certification.--The Secretary of Defense, jointly with
the Secretary of State, may waive the limitation under
subsection (a) only if the Secretaries submit to the
appropriate committees of Congress a written certification
that contains a determination by the Secretaries, and any
relevant documentation on which the determination is based,
that the Government of Turkey, having previously accepted
delivery of the S-400 air and missile defense system from the
Russian Federation--
(A) no longer possesses the S-400 air and missile defense
system or any other equipment, materials, or personnel
associated with such system;
(B) has provided credible assurances that the Government of
Turkey will not in the future accept delivery of such system;
and
(C) has not, since July 31, 2019, purchased or accepted
delivery of defense equipment from the Russian Federation in
addition to the S-400 air and missile defense system that
would increase the risk of compromising the capabilities of
the F-35 aircraft and its associated systems.
(2) Notice and wait requirement.--The Secretary of Defense
and the Secretary of State may not waive the limitation under
subsection (a) until 90 days after the date on which the
Secretaries submit the certification under paragraph (1).
(c) Sense of Congress.--It is the sense of Congress that--
(1) Turkey's possession of the S-400 air and missile
defense system adversely affects the national security of
Turkey, the United States, and all members of the North
Atlantic Treaty Alliance;
(2) the United States offer of the Patriot air and missile
defense system to Turkey constituted a viable alternative to
Turkey's acquisition of the S-400 air and missile defense
system;
(3) acceptance of the S-400 air and missible defense system
by Turkey constitutes a significant transaction within the
meaning of section 231(a) of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (22 U.S.C. 9525(a)); and
(4) the President should implement the Countering Russian
Influence in Europe and Eurasia Act of 2017 (Public Law 115-
44; 131 Stat. 886) by imposing and applying sanctions under
section 235 of that Act (22 U.S.C. 9529) with respect to any
individual or entity determined to have engaged in such
significant transaction as if such person were a sanctioned
person for purposes of such section.
(d) Authorization of Expenditure.--
(1) In general.--The Secretary of Defense is authorized--
(A) to fly up to 6 Turkish F-35 aircraft (tail numbers AT-1
thru AT-6) to a storage location in the United States; and
(B) to induct these aircraft into a long-term storage
condition.
(2) Storage, plan, and disposition of aircraft and
equipment.--The Secretary of Defense may expend up to
$30,000,000 of funds authorized to be appropriated for fiscal
year 2020 for the Department of Defense to conduct activities
associated with storage, preservation, and developing a plan
for the final disposition of such F-35 aircraft and Turkish
F-35 aircraft equipment, including full mission simulators,
helmet mounted display systems, air system maintenance
trainer, and ancillary mission equipment, as a result of
efforts taken by the United States to limit, reduce, or
terminate Turkey's status as a member of the F-35 Joint
Strike Fighter cooperative program.
(3) Report required.--Not later than 90 days after the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a report outlining
the long-term plan for the disposition of such assets,
including options for recovery of costs from Turkey and for
unilateral use of such assets by the Department of Defense.
(4) Notification required.--Not later than 15 days before
any expenditure of funds in an amount of $15,000,000 or more
pursuant to the authority described in paragraph (1), the
Secretary shall provide to the congressional defense
committees a written notification describing the activities
to be conducted.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1246. BALTIC DEFENSE ASSESSMENT; EXTENSION AND
MODIFICATION OF SECURITY ASSISTANCE FOR BALTIC
COUNTRIES FOR JOINT PROGRAM FOR
INTEROPERABILITY AND DETERRENCE AGAINST
AGGRESSION.
(a) Baltic Defense Assessment.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of
Defense and the Secretary of State shall jointly conduct a
comprehensive, multilateral assessment of the military
requirements of Lithuania, Latvia, and Estonia to deter and
resist aggression by Russia that--
(1) provides an assessment of past and current initiatives
to improve the efficiency, effectiveness, readiness and
interoperability of Lithuania, Latvia, and Estonia's national
defense capabilities; and
(2) assesses the manner in which to achieve such
improvements, including future resource requirements and
recommendations, by undertaking activities in the following
areas:
(A) Activities to increase the rotational and forward
presence, improve the capabilities, and enhance the posture
and response readiness of
[[Page H9520]]
the United States or NATO forces in the Baltic region.
(B) Activities to improve air defense systems, including
modern air-surveillance capabilities.
(C) Activities to improve counter-unmanned aerial system
capabilities.
(D) Activities to improve command and control capabilities
through increasing communications, technology, and
intelligence capacity and coordination, including secure and
hardened communications.
(E) Activities to improve intelligence, surveillance, and
reconnaissance capabilities.
(F) Activities to enhance maritime domain awareness.
(G) Activities to improve military and defense
infrastructure, logistics, and access, particularly transport
of military supplies and equipment.
(H) Investments to ammunition stocks and storage.
(I) Activities and training to enhance cyber security and
electronic warfare capabilities.
(J) Bilateral and multilateral training and exercises.
(K) New and existing cost-sharing mechanisms with United
States and NATO allies to reduce financial burden.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State jointly shall submit to the appropriate
congressional committees a report, which shall be submitted
in unclassified form but may include a classified annex, that
includes each of the following:
(1) A report on the findings of the assessment conducted
pursuant to subsection (a).
(2) A list of any recommendations resulting from such
assessment.
(3) An assessment of the resource requirements to achieve
the objectives described in subsection (a)(1) with respect to
the national defense capability of Baltic countries,
including potential investments by host countries.
(4) A plan for the United States to use appropriate
security cooperation authorities or other authorities to--
(A) facilitate relevant recommendations included in the
list described in paragraph (2);
(B) expand joint training between the Armed Forces and the
military of Lithuania, Latvia, or Estonia, including with the
participation of other NATO allies; and
(C) support United States foreign military sales and other
equipment transfers to Baltic countries, especially for the
activities described in subparagraphs (A) through (I) of
subsection (a)(2).
(5) A comprehensive list of authorities and funding sources
used for security cooperation with the Baltic countries,
including--
(A) a description of the funds made available and used to
provide assistance through each authority, if any, during the
last two years;
(B) whether the authority to provide assistance pursuant to
section 1279D of the National Defense Authorization Act for
Fiscal Year 2018 (22 U.S.C. 2753 note) was used, and whether
any alternative authorities exist under which the Secretary
can provide such assistance; and
(C) a determination whether any new authorities or funds
are needed to achieve the objectives described in subsection
(a)(1).
(c) Modification of Security Assistance Authorities.--
Subsection (c) of section 1279D of the National Defense
Authorization Act for Fiscal Year 2018 (22 U.S.C. 2753 note)
is amended by inserting after paragraph (4) the following:
``(5) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance (C4ISR)
equipment.''.
(d) Funding.--Subsection (f) of such section 1279D is
amended--
(1) in paragraph (2), by striking ``$100,000,000'' and
inserting ``$125,000,000''; and
(2) by adding at the end the following new paragraph:
``(3) Matching amount.--The amount of assistance provided
under subsection (a) for procurement described in subsection
(b) may not exceed the aggregate amount contributed to such
procurement by the Baltic nations.''.
(e) Extension.--Subsection (g) of such section 1279D is
amended by striking ``December 31, 2020'' and inserting
``December 31, 2021''.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
SEC. 1247. EXTENSION OF AUTHORITY FOR AND REPORT ON TRAINING
FOR EASTERN EUROPEAN NATIONAL SECURITY FORCES
IN THE COURSE OF MULTILATERAL EXERCISES.
(a) Extension.--Subsection (h) of section 1251 of the
National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 333 note) is amended--
(1) in the first sentence, by striking ``December 31,
2020'' and inserting ``December 31, 2021''; and
(2) in the second sentence, by striking ``for for the
period beginning on October 1, 2015, and ending on December
31, 2020'' and inserting ``for the period beginning on
October 1, 2015, and ending on December 31, 2021''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Commander of United States European
Command, shall submit to the congressional defense committees
a report on the authority for training Eastern European
national security forces in the course of multilateral
exercises under the authority of such section.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) For each recipient country, a description of--
(i) the training provided pursuant to such authority
beginning in fiscal year 2016; and
(ii) payments of incremental expenses incurred by the
country as the direct result of such training.
(B) A description of the elements of the U.S. European
Command theater campaign plan advanced by such authority.
(C) An assessment whether the training and payment of the
incremental expenses incurred by each recipient country as
the direct result of participation in such training could be
provided pursuant to other training or security cooperation
authorities of the Department of Defense.
(D) Any recommendations of the Secretary of Defense
regarding such authority.
(E) Any other matter the Secretary of Defense considers
appropriate.
SEC. 1248. EXTENSION AND MODIFICATION OF NATO SPECIAL
OPERATIONS HEADQUARTERS.
(a) Authorization.--Subsection (a) of section 1244 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2541) is amended by striking
``2020'' and inserting ``2024''.
(b) Repeal of Certification; Limitation.--Such section is
amended--
(1) by striking subsection (c); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Limitation.--Of the amounts made available under
subsection (a) for fiscal year 2020, not more than 90 percent
of such amounts may be obligated or expended until the
Secretary of Defense, acting through the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict,
submits to the congressional defense committees a report on
the decision to realign responsibilities for overseeing and
supporting NSHQ from U.S. Special Operations Command to U.S.
European Command, including--
``(1) a justification and description of the impact of such
realignment; and
``(2) a description of how such realignment will strengthen
the role of the NSHQ in fostering special operations
capabilities within NATO.''.
(c) Annual Report.--Such section, as so amended, is further
amended by adding at the end the following new subsection:
``(d) Annual Report.--Not later than March 1 of each year
until 2024, the Secretary of Defense shall submit to the
congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report regarding support
for the NSHQ. Each report shall include the following:
``(1) The total amount of funding provided by the United
States and other NATO nations to the NSHQ for operating costs
of the NSHQ.
``(2) A description of the activities carried out with such
funding, including--
``(A) the amount of funding allocated for each such
activity;
``(B) the extent to which other NATO nations participate in
each such activity;
``(C) the extent to which each such activity is carried out
in coordination or cooperation with the Joint Special
Operations University;
``(D) the extent to which each such activity is carried out
in relation to other security cooperation activities,
exercises, or operations of the Department of Defense;
``(E) the extent to which each such activity is designed to
meet the purposes set forth in paragraphs (1) through (5) of
subsection (b); and
``(F) an assessment of the extent to which each such
activity will promote the mission of the NSHQ.
``(3) Other contributions, financial or in kind, provided
by the United States and other NATO nations in support of the
NSHQ.
``(4) Any other matters that the Secretary of Defense
considers appropriate.''.
SEC. 1249. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCE
COMMAND.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350n North Atlantic Treaty Organization Joint Force
Command
``(a) Authorization.--The Secretary of Defense shall
authorize the establishment of, and the participation by
members of the armed forces in, the North Atlantic Treaty
Organization Joint Force Command (in this section referred to
as the `Joint Force Command'), to be established in the
United States.
``(b) Use of Department of Defense Facilities and
Equipment.--The Secretary may use facilities and equipment of
the Department of Defense to support the Joint Force Command.
``(c) Availability of Funds.--Amounts authorized to be
appropriated to the Department of Defense shall be available
to carry out the purposes of this section.''.
(b) Conforming Amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following
new item:
``2350n. North Atlantic Treaty Organization Joint Force Command.''.
SEC. 1250. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION
READINESS INITIATIVE.
(a) Report.--Not later than October 1, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a report on the North Atlantic Treaty Organization
(NATO) Readiness Initiative, which shall include assessments
of the following:
[[Page H9521]]
(1) The number of units North Atlantic Treaty Organization
allies have pledged against the benchmark to provide an
additional 30 air attack squadrons, 30 naval combat vessels,
and 30 mechanized battalions ready to fight in not more than
30 days.
(2) The procedure by which the North Atlantic Treaty
Organization certifies, reports, and ensures that the Supreme
Allied Commander Europe (SACEUR) maintains a detailed
understanding of the readiness of the forces described in
paragraph (1).
(3) The North Atlantic Treaty Organization plan to maintain
the readiness of such forces in future years.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1250A. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON
THE UNITED STATES MUNITIONS LIST TO THE
REPUBLIC OF CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allowing for the export, re-export or transfer of arms
subject to the United States Munitions List (part 121 of
title 22, Code of Federal Regulations) to the Republic of
Cyprus would advance United States security interests in
Europe by helping to reduce the dependence of the Government
of the Republic of Cyprus on other countries, including
countries that pose challenges to United States interests
around the world, for defense-related materiel; and
(2) it is in the interest of the United States to continue
to support United Nations-facilitated efforts toward a
comprehensive solution to the division of Cyprus.
(b) Modification of Prohibition.--Section 620C(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is
amended--
(1) in paragraph (1), by striking ``Any agreement'' and
inserting ``Except as provided in paragraph (3), any
agreement''; and
(2) by adding at the end the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply
to any sale or other provision of any defense article or
defense service to Cyprus if the end-user of such defense
article or defense service is the Government of the Republic
of Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus
From Certain Related Regulations.--
(1) In general.--Subject to subsection (d) and except as
provided in paragraph (2), beginning on the date of the
enactment of this Act, the Secretary of State shall not apply
a policy of denial for exports, re-exports, or transfers of
defense articles and defense services destined for or
originating in the Republic of Cyprus if--
(A) the request is made by or on behalf of the Government
of the Republic of Cyprus; and
(B) the end-user of such defense articles or defense
services is the Government of the Republic of Cyprus.
(2) Exception.--This exclusion shall not apply to any
denial based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United
States Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-
exports, or transfers of defense articles on the United
States Munitions List to the Republic of Cyprus shall remain
in place unless the President determines and certifies to the
appropriate congressional committees not less than annually
that--
(A) the Government of the Republic of Cyprus is continuing
to cooperate with the United States Government in efforts to
implement reforms on anti-money laundering regulations and
financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has made and
is continuing to take the steps necessary to deny Russian
military vessels access to ports for refueling and servicing.
(2) Waiver.--The President may waive the limitations
contained in this subsection for one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
Subtitle F--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY
INITIATIVE.
(a) Types of Assistance and Training.--Subsection (c)(2)(A)
of section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 2282 note) is amended by
inserting ``the law of armed conflict, the rule of law, and''
after ``respect for''.
(b) Notice to Congress on Assistance and Training.--
Subsection (g)(1) of such section is amended--
(1) in subparagraph (A), by inserting at the end before the
period the following: ``, the specific unit or units whose
capacity to engage in activities under a program of
assistance or training to be provided under subsection (a)
will be built under the program, and the amount, type, and
purpose of the support to be provided'';
(2) by redesignating subparagraph (F) as subparagraph (J);
and
(3) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) Information, including the amount, type, and purpose,
on assistance and training provided under subsection (a)
during the three preceding fiscal years, if applicable.
``(G) A description of the elements of the theater campaign
plan of the geographic combatant command concerned and the
interagency integrated country strategy that will be advanced
by the assistance and training provided under subsection (a).
``(H) A description of whether assistance and training
provided under subsection (a) could be provided pursuant to--
``(i) section 333 of title 10, United States Code, or other
security cooperation authorities of the Department of
Defense; or
``(ii) security cooperation authorities of the Department
of State.
``(I) An identification of each such authority described in
subparagraph (H).''.
(c) Annual Monitoring Reports.--Such section is amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Annual Monitoring Reports.--
``(1) In general.--Not later than March 1, 2020, and
annually thereafter, the Secretary of Defense shall submit to
the appropriate committees of Congress a report setting
forth, for the preceding calendar year, the following:
``(A) An assessment, by recipient foreign country, of--
``(i) the country's capabilities relating to maritime
security and maritime domain awareness;
``(ii) the country's capability enhancement priorities,
including how such priorities relate to the theater campaign
strategy, country plan, and theater campaign plan relating to
maritime security and maritime domain awareness;
``(B) A discussion, by recipient foreign country, of--
``(i) priority capabilities that the Department of Defense
plans to enhance under the authority under subsection (a) and
priority capabilities the Department plans to enhance under
separate United States security cooperation and security
assistance authorities; and
``(ii) the anticipated timeline for assistance and training
for each such capability.
``(C) Information, by recipient foreign country, on the
status of funds allocated for assistance and training
provided under subsection (a), including funds allocated but
not yet obligated or expended.
``(D) Information, by recipient foreign country, on the
delivery and use of assistance and training provided under
subsection (a).
``(E) Information, by recipient foreign country, on the
timeliness of the provision of assistance and training under
subsection (a) as compared to the timeliness of the provision
of assistance and training previously provided to the foreign
country under subsection (a).
``(F) A description of the reasons the Department of
Defense chose to utilize the authority for assistance and
training under subsection (a) in the preceding calendar year.
``(G) An explanation of any impediments to timely
obligation or expenditure of funds allocated for assistance
and training under subsection (a) or any significant delay in
the delivery of such assistance and training.
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress' has
the meaning given the term in subsection (g)(2).''.
(d) Limitation.--Such section, as so amended, is further
amended by inserting after subsection (h), as added by
subsection (c)(2), the following:
``(i) Limitation.--The provision of assistance and training
pursuant to a program under subsection (a) shall be subject
to the provisions of section 383 of title 10, United States
Code.''.
SEC. 1252. EXPANSION OF INDO-PACIFIC MARITIME SECURITY
INITIATIVE AND LIMITATION ON USE OF FUNDS.
(a) Expansion of Recipient Countries.--Subsection (b) of
section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended by adding at
the end the following new paragraphs:
``(8) The Federated States of Micronesia.
``(9) The Independent State of Samoa.
``(10) The Kingdom of Tonga.
``(11) Papua New Guinea.
``(12) The Republic of Fiji.
``(13) The Republic of Kiribati.
``(14) The Republic of the Marshall Islands.
``(15) The Republic of Nauru.
``(16) The Republic of Palau.
``(17) The Republic of Vanuatu.
``(18) The Solomon Islands.
``(19) Tuvalu.''.
(b) Limitation on Use of Funds.--
(1) In general.--None of the funds authorized to be
appropriated for the Indo-Pacific Maritime Security
Initiative under such section may be obligated or expended to
provide training or assistance to a recipient country
described in any of paragraphs (8) through (19) of subsection
(b) of such section until the date on which the Secretary of
Defense, with the concurrence of the Secretary of State,
submits to the appropriate committees of Congress a report on
security cooperation with and security assistance to such
countries.
(2) Report.--The report referred to in paragraph (1) shall
include the following:
(A) An identification of elements of the theater campaign
plan of the geographic combatant command concerned and the
interagency integrated country strategy that will be advanced
by expansion of security cooperation and assistance programs
and activities to such recipient countries.
(B) An assessment of the capabilities, and a description of
the capability enhancement priorities, of each such country.
(C) A description of the manner in which United States
security cooperation and assistance authorities, including
assistance provided pursuant to other security cooperation
authorities of the Department of Defense or security
assistance authorities of the Department of State,
[[Page H9522]]
may be used to enhance the priority capabilities of each such
country.
(D) A description, as appropriate, of the manner in which
the Secretary of Defense, together with the Secretary of
State, shall ensure that security cooperation with and
security assistance to such countries complement regional
engagement efforts undertaken by United States allies,
including the Pacific Step-Up efforts of the Government of
Australia and the ``Pacific Reset'' efforts of the Government
of New Zealand.
(E) A description of absorption capacity and sustainability
issues for each such country and a plan to resolve such
issues.
(F) An identification of the estimated annual cost for such
assistance and training for fiscal years 2020 through 2025.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the House of Representatives.
SEC. 1253. REPORT ON RESOURCING UNITED STATES DEFENSE
REQUIREMENTS FOR THE INDO-PACIFIC REGION AND
STUDY ON COMPETITIVE STRATEGIES.
(a) Report Required.--
(1) In general.--Not later than March 15, 2020, the
Commander of United States Indo-Pacific Command shall submit
to the congressional defense committees a report containing
the independent assessment of the Commander with respect to
the activities and resources required, for fiscal years 2022
through 2026, to achieve the following objectives:
(A) The implementation of the National Defense Strategy
with respect to the Indo-Pacific region.
(B) The maintenance or restoration of the comparative
military advantage of the United States with respect to the
People's Republic of China.
(C) The reduction of the risk of executing contingency
plans of the Department of Defense.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A description of the intended force structure and
posture of assigned and allocated forces within the area of
responsibility of United States Indo-Pacific Command for
fiscal year 2026 to achieve the objectives described in
paragraph (1).
(B) An assessment of capabilities requirements to achieve
such objectives.
(C) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
(D) An identification of required infrastructure and
military construction investments to achieve such objectives.
(E) An assessment of security cooperation activities or
resources required to achieve such objectives.
(F)(i) A plan to fully resource United States force posture
and capabilities, including--
(I) a detailed assessment of the resources necessary to
address the elements described in subparagraphs (A) through
(E), including specific cost estimates for recommended
investments or projects--
(aa) to increase joint force lethality;
(bb) to enhance force design and posture;
(cc) to support a robust exercise, experimentation, and
innovation program; and
(dd) to strengthen cooperation with allies and partners;
and
(II) a detailed timeline to achieve the intended force
structure and posture described in subparagraph (A).
(ii) The specific cost estimates required by clause (i)(I)
shall, to the maximum extent practicable, include the
following:
(I) With respect to procurement accounts--
(aa) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(bb) a description of the requirements for each such
amount.
(II) With respect to research, development, test, and
evaluation accounts--
(aa) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(bb) a description of the requirements for each such
amount.
(III) With respect to operation and maintenance accounts--
(aa) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(bb) a description of the specific manner in which each
such amount would be used.
(IV) With respect to military personnel accounts--
(aa) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(bb) a description of the requirements for each such
amount.
(V) With respect to each project under military
construction accounts (including unspecified minor military
construction and amounts for planning and design), the
country, location, project title, and project amount for each
fiscal year.
(VI) With respect to any expenditure or proposed
appropriation not described in subclause (I) through (V), a
level of detail equivalent or greater than the level of
detail provided in the future-years defense program submitted
pursuant to section 221(a) of title 10, United States Code.
(3) Form.--The report required under paragraph (1) may be
submitted in classified form, but shall include an
unclassified summary.
(4) Availability.--Not later than March 15, 2020, the
Commander of United States Indo-Pacific Command shall make
the report available to the Secretary of Defense, the Under
Secretary of Defense for Policy, the Under Secretary of
Defense (Comptroller), the Director of Cost Assessment and
Program Evaluation, the Chairman of the Joint Chiefs of
Staff, the Secretaries of the military departments, and the
chiefs of staff of each military service.
(b) Briefings Required.--
(1) Initial briefing.--Not later than April 15, 2020, the
Secretary of Defense (acting through the Under Secretary of
Defense for Policy, the Under Secretary of Defense
(Comptroller), and the Director of Cost Assessment and
Program Evaluation) and the Chairman of the Joint Chiefs of
Staff shall provide to the congressional defense committees a
joint briefing, and any written comments the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff
consider necessary, with respect to their assessments of the
report submitted under subsection (a), including their
assessments of the feasibility and advisability of the plan
required by paragraph (2)(F) of that subsection.
(2) Subsequent briefing.--Not later than April 30, 2020,
the Secretary of the Air Force, the Secretary of the Army,
and the Secretary of the Navy shall provide to the
congressional defense committees a joint briefing, and
documents as appropriate, with respect to their assessments
of the report submitted under subsection (a), including their
assessments of the feasibility and advisability of the plan
required by paragraph (2)(F) of that subsection.
(c) Study on Competitive Strategies With Respect to the
People's Republic of China.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Office of Net Assessment, shall conduct a
study on not fewer than three possible long-term competitive
strategies with respect to the People's Republic of China
that focuses on the identification of opportunities to shape
strategic competition to the advantage of the United States.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees the results of the
study required under paragraph (1).
SEC. 1254. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL
NUMBER OF MEMBERS OF THE ARMED FORCES SERVING
ON ACTIVE DUTY WHO ARE DEPLOYED TO SOUTH KOREA.
None of the funds authorized to be appropriated by this Act
may be used to reduce the total number of members of the
Armed Forces serving on active duty who are deployed to South
Korea below 28,500 until 90 days after the date on which the
Secretary of Defense certifies to the congressional defense
committees the following:
(1) Such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of United States allies in the region.
(2) The Secretary has appropriately consulted with allies
of the United States, including South Korea and Japan,
regarding such a reduction.
SEC. 1255. REPORT ON DIRECT, INDIRECT, AND BURDEN-SHARING
CONTRIBUTIONS OF JAPAN AND SOUTH KOREA.
(a) In General.--Not later than the date agreed to in
accordance with subsection (e)(2), the Comptroller General of
the United States shall submit to the appropriate
congressional committees a report on the direct, indirect,
and burden-sharing contributions of Japan and South Korea to
support overseas military installations of the United States
and United States Armed Forces deployed to or permanently
stationed in Japan and South Korea, respectively.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The benefits to United States national security and
regional security derived from the forward presence of the
Armed Forces in the Indo-Pacific region, including Japan and
South Korea.
(2) For calendar year 2016 and each subsequent calendar
year, the overall cost for the presence of the Armed Forces
in Japan and South Korea and the breakdown of such costs
between the United States and the respective host nations.
(3) For calendar year 2016 and each subsequent calendar
year, a description of the one-time and recurring costs
associated with the presence of the Armed Forces in Japan and
South Korea, including--
(A) costs to relocate the Armed Forces within Japan and
South Korea and to realign the Armed Forces from Japan and
South Korea;
(B) military personnel costs;
(C) operation and maintenance costs; and
(D) military construction costs.
(4) A description of direct, indirect, and burden-sharing
contributions of Japan and South Korea, including--
(A) contributions for labor costs associated with the
presence of the Armed Forces;
(B) contributions to military construction projects of the
Department of Defense, including planning, design,
environmental reviews, construction, construction management
costs, rents on privately-owned land, facilities, labor,
utilities, and vicinity improvements;
(C) contributions such as loan guarantees on public-private
venture housing and payment-in-kind for facilities returned
to Japan and South Korea;
(D) contributions accepted for labor, logistics, utilities,
facilities, and any other purpose; and
(E) other contributions, such as Camp Humphreys and the
Futenma Replacement Facility, as determined appropriate by
the Comptroller General.
[[Page H9523]]
(5) The methodology and accounting procedures used to
measure and track direct, indirect, and burden-sharing
contributions made by Japan and South Korea.
(c) Description of Contributions in United States
Dollars.--The report required by subsection (a) shall
describe the direct, indirect, and burden-sharing
contributions of Japan and South Korea in United States
dollars and shall specify the exchange rates used to
determine the United States dollar value of such
contributions.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.
(e) Briefing.--Not later than March 2, 2020, the
Comptroller General shall provide to the appropriate
congressional committees an interim briefing--
(1) on the status of the report and initial findings; and
(2) to agree on the date on which to submit the report
required by subsection (a).
(f) Support From the Department of Defense.--The Secretary
of Defense shall provide the Comptroller General with timely
access to the appropriate information, data, and analyses
necessary to fulfill the requirement under subsection (a) in
a timely, thorough, and independent manner.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1256. SENSE OF CONGRESS ON SECURITY COMMITMENTS TO THE
GOVERNMENTS OF JAPAN AND THE REPUBLIC OF KOREA
AND TRILATERAL COOPERATION AMONG THE UNITED
STATES, JAPAN, AND THE REPUBLIC OF KOREA.
It is the sense of Congress that--
(1) the United States remains committed to its alliances
with Japan and the Republic of Korea, which are--
(A) essential to the peace and stability in the Indo-
Pacific region; and
(B) based on the shared values of democracy, the rule of
law, free and open markets, and respect for human rights;
(2) cooperation among the United States, Japan, and the
Republic of Korea is essential for confronting regional and
global challenges, including--
(A) preventing the proliferation of weapons of mass
destruction;
(B) combating piracy;
(C) assisting victims of conflict and disaster worldwide;
(D) protecting maritime security; and
(E) ensuring freedom of navigation, commerce, and
overflight in the Indo-Pacific region;
(3) the United States, Japan, and the Republic of Korea
share deep concern that the nuclear and ballistic missile
programs, the conventional military capabilities, and the
chemical and biological weapons programs of the Democratic
People's Republic of Korea, together with the long history of
aggression and provocation by the Democratic People's
Republic of Korea, pose grave threats to peace and stability
on the Korean Peninsula and in the Indo-Pacific region;
(4) the United States views security cooperation between
Japan and the Republic of Korea as essential to maintaining
peace and stability in the Indo-Pacific region, promoting
mutual interests, and addressing shared concerns;
(5) the bilateral military intelligence-sharing pact
between Japan and the Republic of Korea, signed on November
23, 2016, and the trilateral intelligence sharing agreement
among the United States, Japan, and the Republic of Korea,
signed on December 29, 2015, are critical to security in the
Indo-Pacific region and should be maintained; and
(6) recognizing that the security of the United States,
Japan, and the Republic of Korea are intertwined by common
threats, including from the Democratic People's Republic of
Korea, the United States strongly encourages--
(A) strengthened bilateral security ties between Japan and
the Republic of Korea; and
(B) deeper trilateral defense coordination and cooperation,
including through expanded exercises, training, senior-level
exchanges, and information sharing.
SEC. 1257. SENSE OF CONGRESS ON NORTH KOREA.
It is the sense of Congress that--
(1) diplomacy, economic sanctions, and credible deterrence
are essential to address North Korea's illicit weapons of
mass destruction program and the conventional threat that
North Korea poses to United States forces on the Korean
Peninsula and to United States allies in the region;
(2) North Korea's recent missile tests are destabilizing,
increase regional tensions, and run counter to the spirit of
diplomatic negotiations;
(3) every effort should be made to deter actions by North
Korea that could lead to a military confrontation, which
would pose extreme risks to--
(A) United States military personnel;
(B) noncombatants, including United States citizens and
citizens of United States allies; and
(C) regional security;
(4) a sustained and credible diplomatic process based on
concrete measures to achieve the denuclearization of North
Korea and an eventual end to the Korean War should be
pursued;
(5) continued actions by North Korea that run counter to
diplomatic negotiations call into question North Korea's
intentions and commitment to a diplomatic solution; and
(6) until such time as North Korea no longer poses a threat
to the United States or United States allies, the United
States should, in concert with such allies, continue to deter
North Korea through credible defense and deterrence posture.
SEC. 1258. STATEMENT OF POLICY AND SENSE OF CONGRESS ON, AND
STRATEGY TO FULFILL OBLIGATIONS UNDER, MUTUAL
DEFENSE TREATY WITH THE REPUBLIC OF THE
PHILIPPINES.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) while the United States has long adopted an approach
that takes no position on the ultimate disposition of the
disputed sovereignty claims in the South China Sea, disputing
states should--
(A) resolve their disputes peacefully without the threat or
use of force; and
(B) ensure that their maritime claims are consistent with
international law; and
(2) an armed attack on the armed forces, public vessels, or
aircraft of the Republic of the Philippines in the Pacific,
including the South China Sea, would trigger the mutual
defense obligations of the United States under Article IV of
the Mutual Defense Treaty ``to meet common dangers in
accordance with its constitutional processes''.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of State and the Secretary of Defense should--
(1) affirm the commitment of the United States to the
Mutual Defense Treaty;
(2) preserve and strengthen the military alliance of the
United States with the Republic of the Philippines;
(3) prioritize efforts to develop a shared understanding of
alliance commitments and defense planning; and
(4) provide appropriate support to the Republic of the
Philippines to strengthen the self-defense capabilities of
the Republic of the Philippines, particularly in the maritime
domain.
(c) Strategy Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a report that sets forth
the strategy of the Department of Defense for achieving the
objectives described in subsection (b).
(2) Elements of strategy.--The strategy required by
paragraph (1) shall include the following:
(A) A description of the national security interests and
objectives of the United States furthered by the Mutual
Defense Treaty.
(B) A description of the regional security environment,
including--
(i) an assessment of threats to both the United States and
the Republic of the Phillippines national security interests
in the region and the role of the Department in addressing
such threats;
(ii) a description of the strategic security challenges
that are detrimental to regional peace and global stability,
including challenges posed by the People's Republic of China,
violent extremist organizations, and natural disasters; and
(iii) a description of each violent extremist organization
that presents a threat to the Republic of the Philippines,
including, with respect to each such organization--
(I) the primary objectives of the organization;
(II) an assessment of--
(aa) the capacity and capability of the organization;
(bb) the transnational threat posed by the organization;
(cc) recent trends in the capability and influence of the
organization;
(dd) the potential for the organization to reconstitute,
expand, or otherwise pose a significant transnational threat;
and
(ee) the conditions that contribute to efforts of the
organization to reconstitute, expand, or pose such a threat;
and
(III) a description of the metrics used to assess the
capability and influence of the organization.
(C) A description of Department objectives with the
Republic of the Philippines, including--
(i) the benchmarks for assessing progress towards such
objectives; and
(ii) the Department strategy to achieve such objectives,
including through--
(I) defense cooperation;
(II) use of security cooperation authorities; and
(III) other support or activities in the Republic of the
Philippines.
(D) An identification of all current and planned Department
resources, programs, and activities to support the strategy
required by paragraph (1), including a review of the
necessity of an ongoing named operation and the criteria used
to determine such necessity.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Mutual defense treaty.--The term ``Mutual Defense
Treaty'' means the Mutual Defense Treaty between the Republic
of the Philippines and the United States of America, done at
Washington August 30, 1951.
SEC. 1259. REPORT ON SECURITY COOPERATION WITH THE PHILIPPINE
NATIONAL POLICE.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense, in
concurrence with the Secretary of State, shall submit to the
appropriate congressional committees a report concerning
security sector assistance programs with the Philippine
National Police.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
[[Page H9524]]
(1) A description of current and planned security sector
assistance programs with the Philippine National Police.
(2) The purpose, objectives, and type of training,
equipment, or assistance provided under each such program or
activity.
(3) An identification of the lead agency responsible for
each such program or activity.
(4) An identification of the authority or authorities under
which each such program or activity is conducted.
(5) A description of the process and criteria used to
determine utilization of each such authority or authorities.
(6) A description of how each such program or activity
advances United States national security interests as it
relates to the Department's strategy regarding the
Philippines.
(7) An identification of the specific units of the
Philippine National Police to receive training, equipment, or
assistance under each such program.
(8) A description of the process and criteria by which
specific units of the Philippine National Police are selected
as recipients of such programs and activities, including an
assessment of the comparative value of working with units of
law enforcement and units of the military forces of the
Philippines.
(9) An assessment of the current operational effectiveness
of such units and a description of the metrics used to make
such assessment.
(10) An identification of priority capabilities of such
units to enhance through training, equipment, or assistance
under each such program or activity.
(11) A plan to identify, monitor, track, and assess the
ability of each such program or activity to meet each of the
objectives described pursuant to paragraph (2) to enhance the
capabilities of each such unit.
(12) An identification of any units of the Philippine
National Police that are determined or credibly alleged to
have committed human rights abuses.
(13) A description of the relationship between any units of
the Philippine National Police identified pursuant to
paragraph (12) and any unit identified pursuant to paragraph
(7).
(14) A description of the current or previous role, if any,
of each unit identified pursuant to paragraph (7) in the
anti-drug campaign.
(15) An assessment of the ability of the United States to
identify the units described in paragraph (12).
(16) Any other matters the Secretary of Defense determines
should be included.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1260. MODIFICATION OF ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Modification to Annual Report Requirements.--Section
1202 of the National Defense Authorization Act for Fiscal
Year 2000 (10 U.S.C. 113 note) is amended as follows:
(1) In subsection (a), by inserting ``, in consultation
with the heads of other Federal departments and agencies as
appropriate,'' after ``the Secretary of Defense''.
(2) In subsection (b)--
(A) by amending paragraph (26) to read as follows:
``(26) The relationship between Chinese overseas
investment, including the Belt and Road Initiative, the
Digital Silk Road, and any state-owned or controlled digital
or physical infrastructure projects of China, and Chinese
security and military strategy objectives, including--
``(A) an assessment of the Chinese investments or projects
likely, or with significant potential, to be converted into
military assets of China;
``(B) an assessment of the Chinese investments or projects
of greatest concern with respect to United States national
security interests;
``(C) a description of any Chinese investment or project
located in another country that is linked to military
cooperation with such country, such as cooperation on
satellite navigation or arms production;
``(D) an assessment of any Chinese investment, project, or
associated agreement in or with another country that presents
significant financial risk for the country or may undermine
the sovereignty of such country; and
``(E) an assessment of the implications for United States
military or governmental interests related to denial of
access, compromised intelligence activities, and network
advantages of Chinese investments or projects in other
countries.''; and
(B) by adding at the end the following:
``(29) Developments relating to the China Coast Guard,
including an assessment of--
``(A) how the change in the Guard's command structure to
report to China's Central Military Commission affects the
Guard's status as a law enforcement entity;
``(B) the implications of such command structure with
respect to the use of the Guard as a coercive tool to conduct
`gray zone' activities in the East China Sea and the South
China Sea; and
``(C) how the change in such command structure may affect
interactions between the Guard and the United States Navy.
``(30) An assessment of the military-to-military relations
between China and Russia, including an identification of
mutual and competing interests.
``(31) An assessment of China's expansion of its
surveillance state, including--
``(A) any correlation of such expansion with its oppression
of its citizens or its threat to United States national
security interests around the world; and
``(B) an overview of the extent to which such surveillance
corresponds to an overall respect, or lack thereof, for human
rights in China, especially for religious and ethnic
minorities.''.
(3) In subsection (c)--
(A) by striking ``and the'' each place it appears and
inserting ``, the'';
(B) in paragraph (1), by striking ``of the Senate.'' and
inserting ``, and the Select Committee on Intelligence of the
Senate.''; and
(C) in paragraph (2), by striking ``Committee on
International Relations of the House of Representatives.''
and inserting ``Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.''
(b) Additional Defined Term.--Such section 1202, as so
amended, is further amended by adding at the end the
following:
``(d) State-owned or Controlled Digital or Physical
Infrastructure Project of China.--
``(1) In general.--For purposes of subsection (b)(26), the
term `state-owned or controlled digital or physical
infrastructure project of China' means a transportation,
energy, or information technology infrastructure project that
is--
``(A) owned, controlled, under the direct or indirect
influence of, or subsidized by--
``(i) the Government of the People's Republic of China,
including any agency within such Government and any
subdivision or other unit of government at any level of
jurisdiction within China;
``(ii) any agent or instrumentality of such Government,
including such agencies or subdivisions; or
``(iii) the Chinese Communist Party; or
``(B) a project of any Chinese company operating in a
sector identified as a strategic industry in the Chinese
Government's `Made in China 2025' strategy to make China a
`manufacturing power' as a core national interest.
``(2) Owned; controlled.--For purposes paragraph (1)(A),
with respect to a project--
``(A) the term `owned' means a majority or controlling
interest, whether by value or voting interest, in that
project, including through fiduciaries, agents, or other
means; and
``(B) the term `controlled' means the power by any means to
determine or influence, directly or indirectly, important
matters affecting the project, regardless of the level of
ownership and whether or not that power is exercised.''.
SEC. 1260A. REPORT ON FOREIGN MILITARY ACTIVITIES IN PACIFIC
ISLAND COUNTRIES.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence, in coordination with the Director of the
Defense Intelligence Agency and the Director of National
Intelligence, shall submit to the congressional defense
committees a report specifying and analyzing--
(1) strategic interests of foreign militaries in Pacific
Island countries, known or emerging foreign partnerships or
alliances with non-Pacific Island countries, and foreign
military training, exercises, or operations in the region,
excluding with countries who are members of the Southeast
Asia Treaty Organization;
(2) gaps in intelligence collection capabilities and
activities that prevent or may prevent a comprehensive
understanding of current intelligence assessments for Pacific
Island countries; and
(3) plans to overcome any current intelligence collection
deficiencies, including an analysis of both United States and
allied and partner intelligence collection capabilities and
activities.
(b) Pacific Island Country Defined.--In this section, the
term ``Pacific Island country'' includes any of the following
countries: The Republic of Fiji, the Republic Kiribati, the
Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, the Republic of Palau, the Independent
State of Samoa, the Solomon Islands, the Kingdom of Tonga,
Tuvalu, and the Republic of Vanuatu.
SEC. 1260B. REPORT ON CYBERSECURITY ACTIVITIES WITH TAIWAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the following:
(1) The feasibility of establishing a high-level,
interagency United States-Taiwan working group for
coordinating responses to emerging issues related to
cybersecurity.
(2) A discussion of the Department of Defense's current and
future plans to engage with Taiwan in cybersecurity
activities.
(3) A discussion of obstacles encountered in forming,
executing, or implementing agreements with Taiwan for
cybersecurity activities.
(4) Any other matters the Secretary of Defense determines
should be included.
SEC. 1260C. REVIEW AND REPORT RELATED TO THE TAIWAN RELATIONS
ACT.
(a) Review.--The Secretary of Defense, in coordination with
the Secretary of State, shall conduct a review of--
(1) whether, and the means by which, as applicable, the
Government of the People's Republic of China or the Chinese
Communist Party are affecting, including through military,
economic, information, digital, diplomatic, or any other form
of coercion--
(A) the security, or the social and economic system, of the
people of Taiwan;
(B) the military balance of power between the People's
Republic of China and Taiwan; or
(C) the expectation that the future of Taiwan will continue
to be determined by peaceful means; and
(2) the role of United States policy toward Taiwan with
respect to the implementation of
[[Page H9525]]
the 2017 National Security Strategy and the 2018 National
Defense Strategy.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to
the appropriate committees of Congress a report on the review
under subsection (a).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) The assessments resulting from the review.
(B) Recommendations on legislative changes or Department of
Defense or Department of State policy changes necessary to
ensure that the United States continues to meets its
obligations to Taiwan under the Taiwan Relations Act (22
U.S.C. 3301 et seq.).
(C) Guidelines for--
(i) new defense requirements, including requirements
relating to information and digital space;
(ii) exchanges between senior-level civilian and military
officials of the United States and Taiwan; and
(iii) the regular transfer of defense articles, especially
defense articles that are mobile, survivable, and cost
effective, to most effectively deter attacks and support the
asymmetric defense strategy of Taiwan.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1260D. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED
STATES-TAIWAN DEFENSE RELATIONSHIP.
It is the sense of Congress that--
(1) Taiwan is a vital partner of the United States and is
critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and
the ``Six Assurances'' are both cornerstones of United States
relations with Taiwan;
(3) the United States should continue to strengthen defense
and security cooperation with Taiwan to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain a sufficient self-defense
capability;
(4) consistent with the Taiwan Relations Act (22 U.S.C.
3301 et seq.), the United States should strongly support the
acquisition by Taiwan of defense articles and services
through foreign military sales, direct commercial sales, and
industrial cooperation, with an emphasis on anti-ship,
coastal defense, anti-armor, air defense, defensive naval
mining, and resilient command and control capabilities that
support the asymmetric defense strategy of Taiwan;
(5) the President and Congress should determine the nature
and quantity of such defense articles and services based
solely upon their judgment of the needs of Taiwan, as
required by the Taiwan Relations Act and in accordance with
procedures established by law;
(6) the United States should continue efforts to improve
the predictability of United States arms sales to Taiwan by
ensuring timely review of and response to requests of Taiwan
for defense articles and services;
(7) the Secretary of Defense should promote policies
concerning exchanges that enhance the security of Taiwan,
including--
(A) opportunities with Taiwan for practical training and
military exercises that--
(i) enable Taiwan to maintain a sufficient self-defense
capability, as described in section 3(a) of the Taiwan
Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with the asymmetric
defense strategy of Taiwan;
(B) exchanges between senior defense officials and general
officers of the United States and Taiwan, consistent with the
Taiwan Travel Act (Public Law 115-135), especially for the
purpose of enhancing cooperation on defense planning and
improving the interoperability of United States and Taiwan
forces; and
(C) opportunities for exchanges between junior officers and
senior enlisted personnel of the United States and Taiwan;
(8) the United States and Taiwan should expand cooperation
in humanitarian assistance and disaster relief;
(9) the Secretary of Defense should consider options,
including exercises and ship visits, as appropriate, to
expand the scale and scope of humanitarian assistance and
disaster response cooperation with Taiwan and other regional
partners so as to improve disaster response planning and
preparedness; and
(10) the Secretary of Defense should continue regular
transits of United States Navy vessels through the Taiwan
Strait, commend the armed forces of France for their April 6,
2019, legal transit of the Taiwan Strait, and encourage
allies and partners to follow suit in conducting such
transits, in order to demonstrate the commitment of the
United States and its allies and partners to fly, sail, and
operate anywhere international law allows.
SEC. 1260E. CHINESE FOREIGN DIRECT INVESTMENT IN COUNTRIES OF
THE ARCTIC REGION.
(a) Independent Study.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally-funded research and
development center described in paragraph (2) to complete an
independent study of Chinese foreign direct investment in
countries of the Arctic region, with a focus on the effects
of such foreign direct investment on United States national
security and near-peer competition in the Arctic region.
(2) Federally-funded research and development center
described.--A federally-funded research and development
center described in this paragraph is a federally-funded
research and development center that--
(A) has access to relevant data and demonstrated data-sets
regarding foreign direct investment in the Arctic region; and
(B) has access to policy experts throughout the United
States and the Arctic region.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) Projects in the Arctic that are directly or indirectly
funded by public and private Chinese entities, to--
(A) build public infrastructure;
(B) finance infrastructure;
(C) lease mineral and oil and gas leases;
(D) purchase real estate;
(E) extract or process, including smelting, minerals and
oil and gas;
(F) engage in shipping or to own and operate or construct
shipping infrastructure, including ship construction;
(G) lay undersea cables; and
(H) manufacture, own or operate telecommunications
capabilities and infrastructure.
(2) An analysis of the legal environment in which Chinese
foreign direct investment are occurring in the United States,
Russia, Canada, Greenland, Norway, and Iceland. The analysis
should include--
(A) an assessment of the efficacy of mechanisms for
screening foreign direct investment in the United States,
Russia, Canada, Greenland, Norway, and Iceland;
(B) an assessment of the degree to which there is
transparency in Chinese foreign direct investment in
countries of the Arctic region;
(C) an assessment of the criteria used to assess potential
Chinese foreign direct investment in countries of the Arctic
region;
(D) an assessment of the efficacy of methods for monitoring
approved Chinese foreign direct investment in countries of
the Arctic region; and
(E) an assessment of public reporting of the decision to
approve such Chinese foreign direct investment.
(3) A comparison of Chinese foreign direct investment in
countries of the Arctic region to other countries with major
investments in such countries, including India, Japan, South
Korea, the Netherlands, and France.
(4) An assessment of the environmental impact of past
Chinese investments in oil and gas, mineral, and
infrastructure projects in the Arctic region, including the
degree to which Chinese investors are required to comply with
local environmental laws and post bonds to assure remediation
if a project becomes bankrupt.
(5) A review of the 2018 Chinese Arctic Policy and other
relevant public and nonpublic Chinese policy documents to
determine the following:
(A) China's strategic objectives in the Arctic region from
a military, economic, territorial, and political perspective.
(B) China's goals in the Arctic region with respect to its
relations with the United States and Russia, including the
degree to which activities of China in the region are an
extension of China's strategic competition with the United
States.
(C) Whether any active or planned infrastructure
investments are likely to result in a regular presence of
Chinese military vessels or the establishment of military
bases in the Arctic region.
(D) The extent to which Chinese research activities in the
Arctic region are a front for economic activities, including
illegal economic espionage, intelligence gathering, and
support for future Chinese military activities in the region.
(E) The degree to which Arctic littoral states are
susceptible to the political and economic risks of
unregulated foreign direct investment.
(F) The vulnerability of semi-autonomous regions, such as
tribal lands, to Chinese foreign direct investment, including
the influence of legal controls and political or economic
manipulation with respect to such vulnerability.
(G) The implications of China's Arctic development and
participation model with respect to forecasting China's
military, economy, territorial, and political activities.
(6) Policy and legislative recommendations to enhance the
position of the United States in affairs of the Arctic
region, including--
(A) recommendations for how the United States would best
interact with nongovernmental organizations such as the World
Bank, Arctic Council, United Nations General Assembly, and
International Maritime Organization;
(B) recommendations to pursue or not pursue the formation
of an Arctic Development Bank and, if pursued, how to
organize, fund, and operate the bank;
(C) measures the United States can take to promote regional
governance and eliminate the soft-power influence from
Chinese foreign direct investment, in particular, steps where
the United States and Russia should cooperate; and
(D) the possibility of negotiating a regional arrangement
to regulate foreign direct investment in countries of the
Arctic region.
(c) Report to Department of Defense.--Not later than 720
days after the date of the enactment of this Act, the
federally-funded research and development center with respect
to which the Secretary of Defense has entered into a contract
under subsection (a) shall submit to the Secretary a report
containing the study under subsections (a) and (b).
(d) Report to Congress.--Not later than 750 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees the
report under subsection (c), without change.
(e) Appropriate Congressional Committee Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
[[Page H9526]]
(3) the Committee on Foreign Affairs and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 1260F. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG.
It is the sense of Congress that--
(1) Congress stands unequivocally with the people of Hong
Kong as they defend their rights and freedoms and preserve
their autonomy against the People's Republic of China;
(2) the Government of the People's Republic of China
should--
(A) abide fully by its commitments in the Sino-British
Joint Declaration of 1984 to allow the people of Hong Kong a
high degree of autonomy to govern Hong Kong;
(B) adhere fully to Hong Kong's Basic Law of 1997; and
(C) immediately cease and desist in its interference in the
political and legal affairs of Hong Kong;
(3) the decision of authorities of the Hong Kong Special
Autonomous Region in September 2019 to fully withdraw the
proposed amendments to the Fugitive Offenders Ordinance of
Hong Kong is a necessary first step and should be followed by
efforts to resolve the remaining demands raised by protestors
who represent a broad cross-section of Hong Kong, which are
that authorities--
(A) drop all charges against individuals who have been
arrested for participating in political protests;
(B) retract the proclamation that the protests were riots;
(C) establish a thorough and independent investigation into
police brutality; and
(D) implement genuine universal suffrage for the election
of the Chief Executive and all Legislative Council members of
Hong Kong;
(4) the United States should--
(A) work with like-minded countries to stand with the
people of Hong Kong;
(B) encourage more responsible behavior by the People's
Republic of China; and
(C) impose consequences in the event that the authorities
of the People's Republic of China and Hong Kong continue to
violate fundamental agreements regarding the autonomy of Hong
Kong;
(5) the People's Republic of China should refrain from use
of any organization within the military, paramilitary, or law
enforcement apparatus of the People's Republic of China to
engage in violent suppression in Hong Kong;
(6) in the event of use of force by the Government of the
People's Republic of China against protestors in Hong Kong,
Congress will recommend swift action by the United States,
including--
(A) a fundamental reevaluation of the special treatment of
Hong Kong under the Hong Kong Policy Act of 1992 (Public Law
102-383; 106 Stat. 1448) and other United States law,
particularly in areas of law in which the People's Republic
of China is exploiting Hong Kong to the detriment of United
States interests and values; and
(B) coordinated actions with like-minded countries to
impose meaningful costs on the People's Republic of China,
including the imposition of sanctions, travel restrictions,
and other actions against responsible senior officials in the
Chinese Communist Party, the People's Liberation Army, and
the People's Armed Police; and
(7) if at any point the Government of Hong Kong implements
legislation that affects, directly or indirectly, the
interests of the United States with respect to an agreement
the United States maintains with Hong Kong, including a
future reconsideration of amendments to the Fugitive
Offenders Ordinance of Hong Kong, the United States should
conduct a full review of all relevant agreements between the
United States and Hong Kong and make necessary adjustments to
those agreements to safeguard United States interests.
SEC. 1260G. SENSE OF CONGRESS ON ENHANCING DEFENSE AND
SECURITY COOPERATION WITH THE REPUBLIC OF
SINGAPORE.
It is the sense of Congress that--
(1) the United States and the Republic of Singapore have
built a strong, enduring, and forward-looking strategic
partnership based on long-standing and mutually beneficial
cooperation, including through security, defense, economic,
and people-to-people ties;
(2) robust security cooperation between the United States
and the Republic of Singapore is crucial to promoting peace
and stability in the Indo-Pacific region;
(3) the status of the Republic of Singapore as a major
security cooperation partner of the United States, as
recognized in the 2005 Strategic Framework Agreement between
the United States and the Republic of Singapore for a Closer
Partnership in Defense and Security, plays an important role
in the global network of strategic partnerships, especially
in promoting maritime security and countering terrorism;
(4) the United States values the Republic of Singapore's
provision of access to its military facilities, which
supports the continued security presence of the United States
in Southeast Asia and across the Indo-Pacific region;
(5) the United States should continue to welcome the
presence of the military forces of the Republic of Singapore
in the United States for exercises and training, and should
consider opportunities to expand such activities at
additional locations in the United States, as appropriate;
and
(6) as the United States and the Republic of Singapore have
renewed the 1990 Memorandum of Understanding Regarding the
United States Use of Facilities in Singapore, the United
States should--
(A) continue to enhance defense and security cooperation
with the Republic of Singapore to promote peace and stability
in the Indo-Pacific region based on common interests and
shared values;
(B) reinforce the status of the Republic of Singapore as a
major security cooperation partner of the United States; and
(C) explore additional steps to better facilitate
interoperability between the United States Armed Forces and
the military forces of the Republic of Singapore to promote
peace and stability in the Indo-Pacific region.
SEC. 1260H. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may
transfer to the Secretary of State, for use by the United
States Agency for International Development, amounts to be
used for the Bien Hoa dioxin cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2020 under the transfer authority
in subsection (a).
(c) Additional Transfer Authority.--The transfer authority
in subsection (a) is in addition to any other transfer
authority available to the Department of Defense.
(d) Notice on Exercise of Authority.--If the Secretary of
Defense determines to use the transfer authority in
subsection (a), the Secretary shall notify the congressional
defense committees of that determination not later than 30
days before the Secretary uses the transfer authority.
SEC. 1260I. LIMITATION ON REMOVAL OF HUAWEI TECHNOLOGIES CO.
LTD. FROM ENTITY LIST OF BUREAU OF INDUSTRY AND
SECURITY.
(a) In General.--The Secretary of Commerce may not remove
Huawei Technologies Co. Ltd. or any of its affiliates (in
this section collectively referred to as ``Huawei'') from the
entity list unless and until the Secretary certifies to the
appropriate congressional committees that--
(1) Huawei has sufficiently resolved or settled the charges
that were the basis for the addition of Huawei to the entity
list in a manner that is consistent with the standards for
the removal of an entity from the entity list under the
Export Administration Regulations;
(2) Huawei has sufficiently resolved or settled any other
charges that Huawei violated sanctions imposed by the United
States;
(3) regulations have been implemented that sufficiently
restrict exporting to, and importing from, the United States
items that would pose a national security threat to
telecommunications systems in the United States; and
(4) the Department of Commerce has mitigated, to the
maximum extent possible, other threats to the national
security of the United States posed by Huawei.
(b) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Commerce shall submit to the appropriate
congressional committees a report on licenses issued for
exports to Huawei.
(2) Matters to be included.--For each such license, the
report required by paragraph (1) shall describe--
(A) the items authorized for export;
(B) the end-uses of the items;
(C) the identities of the companies granted the license;
and
(D) how the approval of the license is consistent with the
national security licensing policy set forth in the Export
Administration Regulations.
(3) Disclosure by appropriate congressional committees.--
Subclause (ii) of section 1761(h)(2)(B) of the Export Control
Reform Act of 2018 (50 U.S.C. 4820(h)(2)(B)) shall apply with
respect to information in a report received by the
appropriate congressional committees under paragraph (1) to
the same extent and in the same manner as such subclause (ii)
applies with respect to information made available under
subclause (i) of such section 1761(h)(2)(B).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Entity list.--The term ``entity list'' means the list
maintained by the Bureau of Industry and Security and set
forth in Supplement No. 4 to part 744 of title 15, Code of
Federal Regulations.
(3) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter
VII of title 15, Code of Federal Regulations.
SEC. 1260J. REPORT ON ZTE COMPLIANCE WITH SUPERSEDING
SETTLEMENT AGREEMENT AND SUPERSEDING ORDER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on the compliance
of Zhongxing Telecommunications Equipment Corporation (ZTE
Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE
Kangxun) (collectively, ``ZTE'') with the Superseding
Settlement Agreement and Superseding Order reached with the
Department of Commerce on June 8, 2018.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form and publicly accessible, but
may include a classified annex.
SEC. 1260K. REPORT ON THE LAY-DOWN OF UNITED STATES MARINES
IN THE INDO-PACIFIC REGION.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
implementation
[[Page H9527]]
of the planned distributed lay-down of members of the United
States Marine Corps in Okinawa, Guam, Hawaii, Australia, and
other locations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the relationship between the planned
distributed lay-down in the Indo-Pacific region and the
implementation of the National Defense Strategy with respect
to such region.
(2) An assessment of the impact of the planned distributed
lay-down on the ability of the Armed Forces to respond to
current and future contingencies in the area of
responsibility of United States Indo-Pacific Command that
reflects contingency plans of the Department of Defense.
(3) A description of--
(A) the implementation timeline for the planned distributed
lay-down; and
(B) progress made on the planned distributed lay-down, as
compared with such timeline.
(4) A description of the adequacy of current and expected
training resources at each location associated with the
planned distributed lay-down, including--
(A) the ability to train against the full spectrum of
threats from near-peer or peer threats; and
(B) any projected limitation due to political,
environmental, or other limiting factors.
(5) A description of sustainment concepts to support the
planned distributed lay-down, including an assessment of the
manner in which the planned distributed lay-down will impact
logistics and sustainment requirements in support of
contingency plans of the Department of Defense.
(6) An updated and detailed description of any military
construction projects required to execute the distributed
lay-down.
(7) A description of any recommended revision to the
current implementation plan, including any recommended new
investment associated with any such revision relating to
basing, access, and prepositioning in the Indo-Pacific
region.
Subtitle G--Other Matters
SEC. 1261. MODIFICATION TO REPORT ON LEGAL AND POLICY
FRAMEWORKS FOR THE USE OF MILITARY FORCE.
Section 1264 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1689) is
amended--
(1) in the heading for subsection (a), by striking
``Initial'' and inserting ``Annual'';
(2) in subsection (a)(1), by striking ``90 days after the
date of the enactment of this Act'' and inserting ``March 1
of each year'';
(3) in subsection (a)(2), by striking ``during the period''
and all that follows to the end and inserting: ``from the
preceding year, including--
``(A) a list of all foreign forces, irregular forces,
groups, or individuals for which a determination has been
made that force could legally be used under the Authorization
for Use of Military Force (Public Law 107-40), including--
``(i) the legal and factual basis for such determination;
and
``(ii) a description of whether force has been used against
each such foreign force, irregular force, group, or
individual; and
``(B) the criteria and any changes to the criteria for
designating a foreign force, irregular force, group, or
individual as lawfully targetable, as a high value target,
and as formally or functionally a member of a group covered
under the Authorization for Use of Military Force.''; and
(4) in subsection (c), by adding at the end the following:
``The unclassified portion of each report shall, at a
minimum, include each change made to the legal and policy
frameworks during the preceding year and the legal, factual,
and policy justifications for such changes, and shall be made
available to the public at the same time it is submitted to
the appropriate congressional committees.''.
SEC. 1262. INDEPENDENT REVIEW OF SUFFICIENCY OF RESOURCES
AVAILABLE TO UNITED STATES SOUTHERN COMMAND AND
UNITED STATES AFRICA COMMAND.
(a) In General.--The Secretary of Defense shall seek to
enter into a contract with a not-for-profit entity or
federally funded research and development center independent
of the Department of Defense to conduct a review of the
sufficiency of resources available to United States Southern
Command and United States Africa Command to carry out their
respective missions in support of United States national
security objectives.
(b) Matters to Be Included.--The review described in
subsection (a) shall include--
(1) a review of current and emerging United States national
security interests in the United States Southern Command and
United States Africa Command areas of responsibilities;
(2) a review of the National Defense Strategy and its
implications for United States presence and activities in the
United States Southern Command and United States Africa
Command areas of responsibilities;
(3) a comparative analysis of the National Defense Strategy
and the Theater Campaign Plans of United States Southern
Command and United States Africa Command, which shall include
a description of differences, if any, between the guidance
and objectives outlined in the National Defense Strategy and
those of the respective Theater Campaign Plans;
(4) a review of the sufficiency of the resources available
to United States Southern Command and United States Africa
Command, including personnel, human resources, and financial
resources as well as other non-Department of Defense
resources available to United States Southern Command and
United States Africa Command, in promoting United States
national security interests;
(5) an assessment of the level of regional expertise and
experience of the leadership of each such combatant command
and their subordinate organizations, service components, and
task forces, to include personnel from agencies other than
the Department of Defense;
(6) a description of the strategic objectives and end
states in the geographic region for which each such combatant
command has responsibility and a comparison of the importance
and priority of the resources available to each such
combatant command to perform its mission; and
(7) an assessment of the ability of each such combatant
command to carry out their respective missions based on
available resources, including non-Department of Defense
resources.
(c) Access to Information.--The not-for-profit entity or
federally funded research and development center with which
the Secretary enters into the contract under subsection (a)
shall have full and direct access to all information related
to resources available to United States Southern Command and
United States Africa Command.
(d) Report.--
(1) In general.--The Secretary of Defense shall require, as
a term of the contract entered into under subsection (a),
that not later than 240 days after the date of the enactment
of this Act, the not-for-profit entity or federally funded
research and development center with which the Secretary of
Defense enters into the contract under subsection (a) shall
submit to the Secretary of Defense, the Secretary of State,
and the Administrator of the United States Agency for
International Development a report that contains the
assessment required by subsection (a).
(2) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees--
(A) a copy of such report without change; and
(B) any comments the Secretary of Defense considers
appropriate.
SEC. 1263. UNITED STATES CENTRAL COMMAND POSTURE ASSESSMENT
AND REVIEW.
(a) Assessment and Review Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with a federally funded
research and development center to conduct an independent
assessment and comprehensive review of United States military
force posture and capabilities in the United States Central
Command area of responsibility for the purpose of clarifying
and evolving United States military force posture and basing
throughout such area of responsibility in accordance with the
strategic guidance of the National Defense Strategy during
the posture review period.
(2) Matters to be included.--The assessment and review
conducted under paragraph (1) shall include, for the posture
review period, the following:
(A) An assessment of the threats and challenges in the
United States Central Command area of responsibility,
including threats and challenges posed to United States
interests by near-peer competitors.
(B) An explanation of the policy and strategic frameworks
for addressing the threats and challenges identified under
subparagraph (A).
(C) An identification of current and future United States
military force posture and capabilities necessary to counter
threats, deter conflict, and defend United States national
security interests in the United States Central Command area
of responsibility.
(D) An assessment of threats and vulnerabilities to current
basing, posture, and readiness in the United States Central
Command area of responsibility.
(E) An assessment of the basing, cooperative security
locations, and other infrastructure necessary to support
steady state operations in support of the theater campaign
plan and potential contingencies that may arise in or affect
the United States Central Command area of responsibility,
including any potential efficiencies and risk mitigation
measures to be taken.
(F) An assessment of the risks and tradeoffs to United
States Central Command priorities resulting from the
reorientation of resources toward National Defense Strategy
priorities and a description of methods to mitigate any
negative impact of such reorientation.
(G) An explanation of the manner in which a modernized
global operating model or dynamic force employment approach
may yield efficiencies and increase strategic flexibility
while achieving United States military objectives in the
United States Central Command area of responsibility.
(H) An articulation of the United States nonmilitary
efforts and activities necessary to enable the achievement of
United States national security interests in the United
States Central Command area of responsibility.
(I) Any other matter considered relevant.
(b) Results.--The federally funded research and development
center concerned shall submit to the Secretary the results of
the assessment and review under subsection (a), which shall
include the following:
(1) Considerations and recommendations for improving
posture, basing, and readiness in the United States Central
Command area of responsibility.
(2) Alternative basing and posture options to reduce costs,
enhance readiness, improve posture, and align with National
Defense Strategy priorities.
(3) Any legislative recommendations--
(A) to support and facilitate National Defense Strategy
implementation with respect to United States Central Command;
and
(B) to modernize or improve basing, posture, and readiness
in the United States Central Command area of responsibility.
(c) Submittal to Congress.--
(1) In general.--Not later than July 1, 2020, the Secretary
shall submit to the congressional
[[Page H9528]]
defense committees an unaltered copy of the results under
subsection (b), together with the written perspectives of the
Secretary and the Chairman of the Joint Chiefs of Staff with
respect to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Posture Review Period Defined.--In this section, the
term ``posture review period'' means the period beginning on
the date that is five years after the date of the enactment
of this Act and ending on the date that is 15 years after
such date of enactment.
SEC. 1264. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION
ASSESSMENT STATEMENTS.
(a) Limitation.--The Secretary of State may not provide to
the President, and the President may not submit to Congress,
a Nuclear Proliferation Assessment Statement described in
subsection a. of section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153) with respect to a proposed cooperation
agreement with any country that has not signed and
implemented an Additional Protocol with the International
Atomic Energy Agency, other than a country with which, as of
June 19, 2019, there is in effect a civilian nuclear
cooperation agreement pursuant to such section 123.
(b) Waiver.--The limitation under subsection (a) shall be
waived with respect to a particular country beginning on the
date that is 90 days after the date on which the President
submits to the appropriate congressional committees a report
describing the manner in which such agreement would advance
the national security and defense interests of the United
States and not contribute to the proliferation of nuclear
weapons.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1265. WESTERN HEMISPHERE RESOURCE ASSESSMENT.
(a) In General.-- The Secretary of Defense shall seek to
enter into a contract with an independent, non-governmental
institute described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from tax under section
501(a) of such Code, that has recognized credentials and
expertise in national security and military affairs to
conduct an accounting of and an assessment of the sufficiency
of resources available to the United States Southern Command
(SOUTHCOM), United States Northern Command (NORTHCOM),
Department of State, and United States Agency for
International Development (USAID) to carry out their
respective missions in the Western Hemisphere.
(b) Matters to Be Included.--The assessment described in
subsection (a) shall include each of the following:
(1) An accounting and description of the funds available to
SOUTHCOM, NORTHCOM, the Department of State, and USAID.
(2) A list of bilateral and multilateral military training
and exercises with allies and partner countries in the
Western Hemisphere.
(3) A description of the security force activities of the
United States in the Western Hemisphere.
(4) A description of the activities of the Departments of
State and Defense in addressing security challenges in the
Western Hemisphere.
(5) Cyber domain activities of the United States and those
actions in concert with allied and partner countries in the
Western Hemisphere.
(6) A description of the funding for all international
military education and training programs.
(7) An overview of all foreign military sales and foreign
military financing programs with partner countries in the
Western Hemisphere.
(8) A list of investments, programs, or partnerships in the
Western Hemisphere by China, Iran, Russia, or other
adversarial groups or countries that threaten the national
security of the United States.
(9) Recommendations for actions the Department of Defense,
the Department of State, and USAID could take to advance
United States national security interests in the Western
Hemisphere.
(c) Access to Information.--The independent, non-
governmental institute described in subsection (a) with which
the Secretary enters into a contract pursuant to such
subsection shall have full and direct access to all
information related to resources available to SOUTHCOM,
NORTHCOM, the Department of State, and USAID.
(d) Reports Required.--
(1) Report of assessment.--The Secretary of Defense shall
include as a term in the contract entered into pursuant to
subsection (a) that the independent, non-governmental
institute shall submit to the Secretary of Defense, the
Secretary of State, and the Administrator of the USAID a
report containing the assessment described in such subsection
not later than 240 days after the date of the enactment of
this Act.
(2) Report to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report that includes--
(A) an unedited copy of the report submitted in accordance
to paragraph (1); and
(B) any comments, changes, recommendations, or other
information of the Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development determine appropriate that relates
to the assessment required by subsection (a) and contained in
such report.
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1266. HUMAN RIGHTS IN BRAZIL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report that includes
the following:
(1) A description of the security cooperation relationship
between the United States and Brazil, including a description
of United States objectives, any ongoing or planned security
cooperation activities with the military forces of Brazil,
and an identification of priority capabilities of the
military forces of Brazil that the Department could enhance.
(2) An assessment of the capabilities of the military
forces of Brazil.
(3) A description of the human rights climate in Brazil, an
assessment of the Brazilian military forces' adherence to
human rights, and a description of any ongoing or planned
cooperative activities between the United States and Brazil
focused on human rights.
(4) An identification of any Brazilian military and
security force units that are determined or credibly alleged
to have engaged in human rights violations and have received
or purchased United States equipment or training.
(5) A description of the manner and extent to which a
security cooperation strategy between the United States and
Brazil could address any human rights abuses identified
pursuant to paragraph (3) or (4), encourage accountability,
and promote reform through training on human rights, rule of
law, and rules of engagement.
(6) Any other matter the Secretary determines to be
relevant.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1267. CERTIFICATION RELATING TO ASSISTANCE FOR
GUATEMALA.
(a) In General.--Prior to the transfer of any vehicles by
the Department of Defense to a joint task force of the
Ministry of Defense or the Ministry of the Interior of
Guatemala during fiscal year 2020, the Secretary of Defense
shall certify to the appropriate congressional committees
that such ministries have made a credible commitment to use
such equipment only for the uses for which they were
intended.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1268. INDEPENDENT ANALYSIS OF HUMAN RIGHTS SITUATION IN
HONDURAS.
(a) Analysis Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
select and enter into an agreement with an independent think
tank or a federally funded research and development center to
conduct an analysis of the compliance of the military and
security forces of Honduras with international human rights
laws and standards.
(2) Matters to be included.--The analysis under paragraph
(1) shall include the following:
(A) A description of the military-to-military activities
between the United States and Honduras, including the manner
in which Department of Defense engagement with the military
and security forces of Honduras supports the National Defense
Strategy.
(B) An analysis of the activities of the military and
security forces of Honduras with respect to human rights
activists, including--
(i) a description of the processes and procedures of the
Department to identify human rights violations; and
(ii) an analysis of whether such processes and procedures
comply with Department policy on adherence to human rights
and international law.
(C) With respect to United States national security
interests, an analysis of the challenges posed by corruption
within the military and security forces of Honduras,
including--
(i) an analysis of participation, if any, by the military
and security forces of Honduras in illegal narcotics
trafficking activities; and
(ii) the processes and procedures within the military and
security forces of Honduras to ensure accountability for such
activities.
(D) An analysis of--
(i) the security cooperation provided to Honduras by the
Department during the 3-year period preceding the date of the
enactment of this Act; and
(ii) the extent to which such cooperation has improved
accountability, transparency, and compliance to international
human rights laws
[[Page H9529]]
and standards in the security and military operations of the
Government of Honduras.
(E)(i) An identification of the units of the military and
security forces of Honduras trained by the Department.
(ii) An analysis of the role such units have had, if any,
in the training, deployment, and command of the Military
Police for Public Order (PMOP) in Honduras.
(F) An analysis of the security cooperation of the
Department with military intelligence and special forces
units of Honduras.
(G) An analysis of the relative importance of providing
development assistance to Honduras to achieve United States
national security objectives, including countering the
proliferation of illegal narcotics flows through Honduras.
(H) Recommendations on the development of future security
cooperation with Honduras that prioritizes--
(i) compliance of the military and security forces of
Honduras with human rights laws and standards;
(ii) citizen security; and
(iii) the advancement of United States national security
interests with respect to countering the proliferation of
illegal narcotics flows through Honduras.
(I) Any other matters the Secretary considers necessary and
relevant to United States national security interests.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the entity selected under subsection
(a) shall submit to the appropriate committees of Congress a
report on the results of the analysis conducted under that
subsection.
(c) Department of Defense Support.--The Secretary shall
provide the entity selected under subsection (a) with timely
access to appropriate information, data, and analyses
necessary to carry out such analysis in a thorough and
independent manner.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1269. BRIEFING ON STRATEGY TO IMPROVE THE EFFORTS OF THE
NIGERIAN MILITARY TO PREVENT, MITIGATE, AND
RESPOND TO CIVILIAN HARM.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of State
shall jointly provide to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a briefing on--
(1) the current strategy to improve defense institutions
and security sector forces in Nigeria required by section
1279A of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1701);
(2) any efforts planned or under way to assist the Nigerian
military to improve its efforts to prevent, mitigate, and
respond to civilian harm;
(3) an assessment of the effectiveness of such training;
and
(4) an overall assessment of efforts by the Government of
Nigeria to improve civilian protection, accountability for
human rights violations, and transparency in the defense
institutions and security sector force.
SEC. 1270. REPORT ON IMPLICATIONS OF CHINESE MILITARY
PRESENCE IN DJIBOUTI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains a comprehensive strategy to address security
concerns posed by the Chinese People's Liberation Army
Support Base in Djibouti to United States military
installations and logistics chains in sub-Saharan Africa and
the Middle East.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of the potential military, intelligence,
and logistical threats facing regional United States military
infrastructure, supply chains, and operations due to Chinese
military presence in Djibouti and a description of any
efforts to mitigate such threats.
(2) An assessment of Djibouti's Chinese-held public debt as
well as any other potential means of Chinese economic
coercion, and a description of the strategic vulnerabilities
posed to the United States if China moves to claim the Port
of Djibouti or other key logistical assets in repayment.
(3) A description of the specific operational challenges
facing the United States military in the Horn of Africa and
the Middle East in the event that access to the Port of
Djibouti becomes limited or lost in its entirety, as well as
a description of any contingency plans in the event of such
scenarios.
(4) An identification of the measures in place to mitigate
risk of escalation between United States and Chinese military
assets in Djibouti or any additional mechanisms that may be
advisable.
(5) Any other matters the Secretary of Defense considers
appropriate.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 1271. RULE OF CONSTRUCTION ON THE PERMANENT STATIONING
OF UNITED STATES ARMED FORCES IN SOMALIA.
Nothing in this Act may be construed to authorize the
permanent stationing of members of the Armed Forces in
Somalia.
SEC. 1272. DEFENSE AND DIPLOMATIC STRATEGY FOR LIBYA.
(a) Report Required.--Not later than 270 days after the
date of enactment of this Act, the Secretary of Defense and
the Secretary of State shall jointly submit to the
appropriate congressional committees a report that contains a
description of the United States defense and diplomatic
strategy for Libya.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) An explanation of the defense and diplomatic strategy
for Libya, including a description of the ends, ways, and
means inherent to the strategy, and the role of the Armed
Forces in supporting the strategy.
(2) An explanation of the policy and legal authorities of
the Department of Defense and the Department of State
required to support the strategy.
(3) A detailed description of Department of Defense
security partnerships with Libyan actors.
(4) A detailed description of Libyan and external security
actors and an assessment of how those actors advance or
undermine stability in Libya and United States strategic
interests in Libya, including United States interests in a
political settlement to the conflict in Libya.
(5) A detailed description of the military activities of
external actors in Libya, including assessments of whether
those activities--
(A) have undermined progress towards stabilization of
Libya, including the United Nations-led negotiations;
(B) involve United States-origin equipment and violate
contractual conditions of acceptable use of such equipment;
or
(C) violate or seek to violate the United Nations arms
embargo on Libya imposed pursuant to United Nations Security
Council Resolution 1970 (2011).
(6) A description of any plans to integrate the United
States defense and diplomatic resources necessary to
implement the strategy.
(7) Any other matters the Secretaries considers
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED
STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN
THE ONGOING CIVIL WAR IN YEMEN.
For the two-year period beginning on the date of the
enactment of this Act, the Department of Defense may not
provide in-flight refueling pursuant to section 2342 of title
10, United States Code, or any other applicable statutory
authority, to non-United States aircraft that engage in
hostilities in the ongoing civil war in Yemen unless and
until a declaration of war or a specific statutory
authorization for such use of United States Armed Forces has
been enacted.
SEC. 1274. REPORT ON SAUDI-LED COALITION STRIKES IN YEMEN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for two
years, the Secretary of Defense, in consultation with the
Secretary of State and the Director of National Intelligence,
shall submit to the appropriate congressional committees a
report on civilian casualties caused by the Saudi-led
coalition and by the Houthis as part of the civil war in
Yemen.
(b) Matters to Be Included.--Each such report shall contain
the following:
(1) An estimate of the number of civilian casualties
resulting from operations by the Saudi-led coalition and by
the Houthis during the preceding year.
(2) An assessment of whether members of the Saudi-led
coalition and the Houthis followed the norms and practices
the United States military employs to avoid civilian
casualties and ensure proportionality.
(3) An assessment of whether operations executed by members
of the Saudi-led coalition and by the Houthis are in
compliance with the United States' interpretation of the laws
governing armed conflict and proportionality.
(4) Any other matters the Secretary determines to be
relevant.
(c) Appropriate Congressional Committee Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1275. REPORTS ON EXPENSES INCURRED FOR IN-FLIGHT
REFUELING OF SAUDI COALITION AIRCRAFT
CONDUCTING MISSIONS RELATING TO CIVIL WAR IN
YEMEN.
(a) Reports Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 30 days thereafter, the
Secretary of Defense shall submit a report to the appropriate
committees of Congress detailing the expenses incurred by the
United States in providing in-flight refueling services for
Saudi or Saudi-led coalition non-United States aircraft
conducting missions as part of the civil war in Yemen during
the period of March 1, 2015, through November 11, 2018, and
the extent to which such expenses have been reimbursed by
members of the Saudi-led coalition.
(2) Elements.--Each report required under paragraph (1)
shall include the following:
(A) The total expenses incurred by the United States in
providing in-flight refueling services,
[[Page H9530]]
including fuel, flight hours, and other applicable expenses,
to Saudi or Saudi-led coalition, non-United States aircraft
conducting missions as part of the civil war in Yemen.
(B) The amount of the expenses described in subparagraph
(A) that has been reimbursed by each member of the Saudi-led
coalition.
(C) Any action taken by the United States to recoup the
remaining expenses described in subparagraph (A), including
any commitments by members of the Saudi-led coalition to
reimburse the United States for such expenses.
(3) Sunset.--The reporting requirement under paragraph (1)
shall cease to be effective on the date on which the
Secretary certifies to the appropriate committees of Congress
that all expenses incurred by the United States in providing
in-flight refueling services for Saudi or Saudi-led coalition
non-United States aircraft conducting missions as part of the
civil war in Yemen during the period of March 1, 2015,
through November 11, 2018, have been reimbursed.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate; and
(4) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1276. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
in writing that--
(1) describes the extent to which officials of the
Government of Saudi Arabia, including members of the military
or security services, are responsible for or complicit in
gross violations of internationally recognized human rights,
including violations of the human rights of journalists,
bloggers, human rights defenders, and those who support
women's rights or religious freedom;
(2) describes violations of human rights in Saudi Arabia by
officials of the Government of Saudi Arabia, including
against journalists, bloggers, human rights defenders, and
civil society activists;
(3) describes United States actions to address Saudi
violations of human rights, including against journalists,
bloggers, human rights defenders, and civil society
activists, including demands for clemency review of these
cases;
(4) describes any intolerant content in educational
materials published by Saudi Arabia's Ministry of Education
that are used in schools both inside Saudi Arabia and at
schools throughout the world; and
(5) describes United States actions to encourage Saudi
Arabia to retrieve and destroy materials with intolerant
material and revise teacher manuals and retrain teachers to
reflect changes in educational materials and promote
tolerance.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In the
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1277. REPORT ON INTELLIGENCE COMMUNITY ASSESSMENT
RELATING TO THE KILLING OF WASHINGTON POST
COLUMNIST JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a report consisting of--
(1) a determination and presentation of evidence with
respect to the advance knowledge and role of any current or
former official of the Government of Saudi Arabia or any
current or former senior Saudi political figure over the
directing, ordering, or tampering of evidence in the killing
of Washington Post columnist Jamal Khashoggi; and
(2) a list of foreign persons that the Director of National
Intelligence has high confidence--
(A) were responsible for, or complicit in, ordering,
controlling, or otherwise directing an act or acts
contributing to or causing the death of Jamal Khashoggi;
(B) knowingly and materially assisted, sponsored, or
provided financial, material, or technological support for,
or goods or services in support of, an activity described in
subparagraph (A); or
(C) impeded the impartial investigation of the killing of
Jamal Khashoggi, including through the tampering of evidence
relating to the investigation.
(b) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Names of foreign persons listed.--The name of each
foreign person listed in the report described in subsection
(a)(2) shall be included in the unclassified portion of the
report unless the Director of National Intelligence
determines that such disclosure would undermine United States
intelligence sources and methods or threaten the national
security interests of the United States.
(c) Defined.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
SEC. 1278. UNITED STATES-ISRAEL COOPERATION TO COUNTER
UNMANNED AERIAL SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned
Aerial Systems.--
(1) In general.--The Secretary of Defense, upon request of
the Ministry of Defense of Israel and in consultation with
the Secretary of State and the Director of National
Intelligence, is authorized to carry out research,
development, test, and evaluation activities, on a joint
basis with Israel, to establish capabilities for countering
unmanned aerial systems that threaten the United States or
Israel. Any activities carried out pursuant to such authority
shall be conducted in a manner that appropriately protects
sensitive technology and information and the national
security interests of the United States and Israel.
(2) Report.--The activities described in paragraph (1) and
subsection (b) may not be carried out until after the
Secretary of Defense submits to the appropriate committees of
Congress a report setting forth the following:
(A) A memorandum of agreement between the United States and
Israel regarding sharing of research and development costs
for the capabilities described in paragraph (1), and any
supporting documents.
(B) A certification that the memorandum of agreement--
(i) requires sharing of costs of projects, including in-
kind support, between the United States and Israel;
(ii) establishes a framework to negotiate the rights to any
intellectual property developed under the memorandum of
agreement; and
(iii) requires the United States Government to receive
semiannual reports on expenditure of funds, if any, by the
Government of Israel, including a description of what the
funds have been used for, when funds were expended, and an
identification of entities that expended the funds.
(b) Support in Connection With the Program.--
(1) In general.--The Secretary of Defense is authorized to
provide maintenance and sustainment support to Israel for the
research, development, test, and evaluation activities
authorized in subsection (a)(1). Such authority includes
authority to install equipment necessary to carry out such
research, development, test, and evaluation activities.
(2) Report.--Support may not be provided under paragraph
(1) until 15 days after the Secretary submits to the
appropriate committees of Congress a report setting forth a
detailed description of the support to be provided.
(3) Matching contribution.--
(A) In general.--Except as provided in subparagraph (B),
support may not be provided under this subsection unless the
Government of Israel contributes an amount not less than the
amount of support to be so provided to the program, project,
or activity for which the support is to be so provided in the
calendar year in which the support is provided.
(B) Exception.--Subject to paragraph (4), the Secretary may
use amounts available to the Secretary in excess of the
amount contributed by the Government of Israel to provide
support under this subsection for costs associated with any
unique national requirement identified by the United States
with respect to countering unmanned aerial systems.
(4) Annual limitation on amount.--The amount of support
provided under this subsection in any year may not exceed
$25,000,000.
(5) Use of certain amounts for rdt&e activities in the
united states.--Of the amount provided by the United States
in support under paragraph (1), not less than 50 percent of
such amount shall be used for research, development, test,
and evaluation activities in the United States in connection
with such support.
(c) Lead Agency.--The Secretary of Defense shall designate
an appropriate research and development entity of a military
department as the lead agency of the Department of Defense in
carrying out this section.
(d) Semiannual Reports.--The Secretary of Defense shall
submit to the appropriate committees of Congress on a
semiannual basis a report that contains a copy of the most
recent semiannual report provided by the Government of Israel
to the Department of Defense pursuant to subsection
(a)(2)(B)(iii).
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security, the
Committee on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, the
Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(f) Sunset.--The authority in this section to carry out
activities described in subsection (a), and to provide
support described in subsection (b), shall expire on December
31, 2024.
SEC. 1279. EXTENSION AND MODIFICATION OF AUTHORITY FOR UNITED
STATES-ISRAEL ANTI-TUNNEL COOPERATION
ACTIVITIES.
(a) Modification of Authority.--Subsection (a) of section
1279 of the National Defense Authorization Act for Fiscal
Year 2016 (22 U.S.C.
[[Page H9531]]
8606 note) is amended, in the first sentence, by striking
``and to establish capabilities for countering unmanned
aerial systems''.
(b) Exception to Matching Contribution Requirement.--
Subsection (b)(3) of such section is amended--
(1) by striking ``Support'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
support''; and
(2) by adding at the end the following:
``(B) Exception.--Subject to paragraph (4), the Secretary
may use amounts available to the Secretary in excess of the
amount contributed by the Government of Israel to provide
support under this subsection for costs associated with any
unique national requirement identified by the United States
with respect to anti-tunnel capabilities.''.
(c) Extension.--Subsection (f) of such section is amended
by striking ``December 31, 2020'' and inserting ``December
31, 2024''.
SEC. 1280. REPORT ON COST IMPOSITION STRATEGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the heads of other Federal departments and
agencies, as appropriate, shall submit to the congressional
defense committees a report describing the cost imposition
strategies of the Department of Defense with respect to the
People's Republic of China and the Russian Federation.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the manner in which the future-years
defense program and current operational concepts of the
Department are designed to impose costs on the People's
Republic of China and the Russian Federation, including--
(A) political, economic, budgetary, human capital, and
technology costs; and
(B) costs associated with military efficiency and
effectiveness.
(2) A description of the policies and processes of the
Department relating to the development and execution of cost
imposition strategies.
(c) Form.--The report under subsection (a) shall be
submitted in classified form, and shall include an
unclassified summary.
SEC. 1281. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION
OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM
UNDUE INFLUENCE AND OTHER SECURITY THREATS.
(a) In General.--Subsection (a) of section 1286 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) is amended, in the matter preceding
paragraph (1), by striking ``academic institutions'' and
inserting ``institutions of higher education''.
(b) Additional Requirements.--Subsection (c) of such
section is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Training developed and delivered in consultation with
institutions of higher education and appropriate Government
agencies, and other support to institutions of higher
education, to promote security and limit undue influence on
institutions of higher education and personnel, including
Department of Defense financial support to carry out such
activities, that--
``(A) emphasizes best practices for protection of sensitive
national security information; and
``(B) includes the dissemination of unclassified materials
and resources for identifying and protecting against emerging
threats to institutions of higher education, including
specific counterintelligence information and advice developed
specifically for faculty and academic researchers based on
actual identified threats.'';
(2) in paragraph (3), by striking ``and academic
institutions'';
(3) in paragraph (7), by striking ``academic institution''
and inserting ``institution of higher education''; and
(4) by adding at the end the following new paragraph:
``(8) A list, developed and continuously updated in
consultation with the Bureau of Industry and Security of the
Department of Commerce, the Director of National
Intelligence, United States institutions of higher education
that conduct significant Department of Defense research or
engineering activities, and other appropriate individuals and
organizations, of academic institutions of the People's
Republic of China, the Russian Federation, and other
countries, that--
``(A) have a history of improper technology transfer,
intellectual property theft, or cyber or human espionage;
``(B) operate under the direction of the military forces or
intelligence agency of the applicable country;
``(C) are known--
``(i) to recruit foreign individuals for the purpose of
transferring knowledge to advance military or intelligence
efforts; or
``(ii) to provide misleading information or otherwise
attempt to conceal the connections of an individual or
institution to a defense or an intelligence agency of the
applicable country; or
``(D) pose a serious risk of improper technology transfer
of data, technology, or research that is not published or
publicly available.''.
(c) Procedures for Enhanced Information Sharing.--
Subsection (d) of such section is amended to read as follows:
``(d) Procedures for Enhanced Information Sharing.--
``(1) In general.--Not later than October 1, 2020, for the
purpose of maintaining appropriate security controls over
research activities, technical information, and intellectual
property, the Secretary, in conjunction with appropriate
public and private entities, shall establish streamlined
procedures to collect appropriate information relating to
individuals, including United States citizens and foreign
nationals, who participate in defense research and
development activities (other than basic research).
``(2) Protection from release.--The procedures required by
paragraph (1) shall include procedures to protect such
information from release, consistent with applicable
regulations.
``(3) Reporting to government information systems and
repositories.--The procedures required by paragraph (1) may
include procedures developed, in coordination with
appropriate public and private entities, to report such
information to existing Government information systems and
repositories.''.
(d) Annual Report.--Subsection (e) of such section is
amended--
(1) in the subsection heading, by inserting ``Annual''
before ``Report'';
(2) in paragraph (1), by striking ``one year after the date
of the enactment'' and all that follows through ``the
Secretary'' and inserting ``April 30, 2020, and annually
thereafter, the Secretary, acting through appropriate
Government officials (including the Under Secretary for
Research and Engineering),''; and
(3) in paragraph (2), by adding at the end the following
new subparagraph:
``(F) Identification of any incident relating to undue
influence to security threats to academic research activities
funded by the Department of Defense, including theft of
property or intellectual property relating to a project
funded by the Department at an institution of higher
education.''.
SEC. 1282. MODIFICATION OF RESPONSIBILITY FOR POLICY ON
CIVILIAN CASUALTY MATTERS.
Section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 134 note) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by inserting ``appropriate to the
specific regional circumstances'' after ``publicly available
means'';
(B) in paragraph (5)--
(i) in subparagraph (A), by inserting ``, including for
acknowledging the status of any individuals killed or injured
who were believed to be enemy combatants, but subsequently
determined to be non-combatants'' after ``operations''; and
(ii) in subparagraph (B)--
(I) by inserting ``or other assistance'' after
``payments''; and
(II) by striking ``necessary'' and inserting ``reasonable
and culturally appropriate''; and
(C) in paragraph (7), by striking ``and'' at the end;
(D) by redesignating paragraph (8) as paragraph (9); and
(E) by inserting after paragraph (7) the following:
``(8) cultivating, developing, retaining, and
disseminating--
``(A) lessons learned for integrating civilian protection
into operational planning and identifying the proximate cause
or causes of civilian casualties; and
``(B) practices developed to prevent, mitigate, or respond
to such casualties;'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Coordination.--The senior civilian official
designated under subsection (a) shall develop and implement
steps to increase coordination with the relevant Chiefs of
Mission and other appropriate positions in the Department of
State with respect to the policies required pursuant to
subsection (a) and other matters or assistance related to
civilian harm, resulting from military operations.''; and
(4) by inserting after subsection (d), as so redesignated,
the following:
``(e) Briefing.--Not later than 180 days after the date of
the enactment of this subsection, the senior civilian
official designated under subsection (a) shall provide to the
congressional defense committees a briefing on--
``(1) the updates made to the policy developed by the
senior civilian official pursuant to this section; and
``(2) the efforts of the Department to implement such
updates.''.
SEC. 1283. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES
WITH CERTAIN BENEFICIAL OWNERSHIP STRUCTURES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
consultation with the heads of appropriate agencies, shall
submit to the appropriate congressional committees a report
on addressing the threat or potential threat posed by the
export, reexport, or in-country transfer of satellites
described in section 1261(c)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
22 U.S.C. 2778 note) to entities described in subsection (b).
(b) Entities Described.--
(1) In general.--An entity described in this subsection is
an entity the beneficial owner of which is--
(A) an individual who is a citizen or national of a country
described in section 1261(c)(2) of the National Defense
Authorization Act for Fiscal Year 2013;
(B) an entity organized under the laws of or otherwise
subject to the jurisdiction of such a country;
(C) the government of such a country; or
(D) any other individual or entity the Secretary determines
would detrimentally affect the national security of the
United States.
(2) Determination of beneficial ownership.--For purposes of
paragraph (1), the Secretary shall identify a person as the
beneficial owner of an entity--
(A) in a manner that is not less stringent than the manner
set forth in section 240.13d-3 of title
[[Page H9532]]
17, Code of Federal Regulations (as in effect on the date of
the enactment of this Act); and
(B) based on a threshold, to be determined by the
Secretary, based on an assessment of whether the person's
position would give the person an opportunity to control the
use of a satellite described in section 1261(c)(1) of the
National Defense Authorization Act for Fiscal Year 2013 and
exported, reexported, or transferred in country to the
entity.
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) An evaluation of whether satellites described in
section 1261(c)(1) of the National Defense Authorization Act
for Fiscal Year 2013 have been exported, reexported, or
transferred in-country, directly or indirectly, to entities
described in subsection (b).
(2) An examination of the effect on national security of
the potential export, reexport, or in-country transfer of
satellites in compliance with section 1261(c) of the National
Defense Authorization Act for Fiscal Year 2013 in
circumstances in which the services, bandwidth, or functions
of the satellites could subsequently be leased or sold to, or
otherwise used by, an entity described in subsection (b).
(3) An examination of the effect on national security of
not limiting the export, reexport, or in-country transfer of
such satellites to entities described in subsection (b).
(4) Recommendations for, and an assessment of the
effectiveness of, a licensing condition that would prohibit
or limit the export, reexport, or in-country transfer of such
satellites to, or the use of such satellites by, entities
described in subsection (b).
(5) An assessment, based on realistic and justifiable
assumptions and forecasts, of the economic implications of
and potential harm caused by a licensing condition described
in paragraph (4) on the United States industries that develop
or produce satellites and commercial telecommunications
equipment that do not have direct national security ties.
(6) An evaluation of the resources necessary to ensure the
ability of the Bureau of Industry and Security of the
Department of Commerce--
(A) to adequately identify and analyze the beneficial
owners of entities in decisions relating to--
(i) issuing licenses for the export, reexport, or in-
country transfer of such satellites to such entities; or
(ii) the ultimate end uses and end-users of such
satellites; and
(B) when evaluating such a decision--
(i) to have full knowledge of the potential end-user of the
satellite and the current beneficial owner of the entity; and
(ii) to be able to determine whether issuing the license
would be inconsistent with the goal of preventing entities
described in subsection (b) from accessing or using such
satellites.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Energy and Commerce, the
Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1284. RULE OF CONSTRUCTION RELATING TO THE USE OF
MILITARY FORCE.
Nothing in this Act, or any amendment made by this Act, may
be construed to authorize the use of military force,
including the use of military force against Iran or any other
country.
SEC. 1285. REPORTS AND BRIEFINGS ON USE OF MILITARY FORCE AND
SUPPORT OF PARTNER FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a report on actions taken pursuant to the
Authorization for Use of Military Force (Public Law 107-40)
against those countries or organizations described in such
law, as well as any actions taken to command, coordinate,
participate in the movement of, or accompany the regular or
irregular military forces of any foreign country or
government when such forces are engaged in hostilities or in
situations where imminent involvement in hostilities is
clearly indicated by the circumstances, during the preceding
180-day period.
(b) Matters to Be Included.--The report required by
subsection (a) shall include, with respect to the time period
for which the report was submitted, the following:
(1) A list of each country or organization with respect to
which force has been used pursuant to the Authorization for
Use of Military Force, including the legal and factual basis
for the determination that authority under such law applies
with respect to each such country or organization.
(2) An intelligence assessment of the risk to the United
States posed by each such country or organization.
(3) A list of each country in which operations were
conducted pursuant to such law and a description of the
circumstances necessitating the use of force pursuant to such
law, including whether the country is designated as an area
of active hostilities.
(4) A general description of the status of operations
conducted pursuant to such law as well as a description of
the expected scope and duration of such operations.
(5) A list of each partner force and country with respect
to which United States Armed Forces have commanded,
coordinated, participated in the movement of, or accompanied
the regular or irregular forces of any foreign country or
government that have engaged in hostilities or there existed
an imminent threat that such forces would become engaged in
hostilities, including--
(A) a delineation of any such instances in which such
United States Armed Forces were or were not operating under
the Authorization for Use of Military Force; and
(B) a determination of whether the foreign forces,
irregular forces, groups, or individuals against which such
hostilities occurred are covered by such law.
(6) A description of the actual and proposed contributions,
including financing, equipment, training, troops, and
logistical support, provided by each foreign country that
participates in any international coalition with the United
States to combat a country or organization described in the
Authorization for Use of Military Force.
(c) Form.--The information required under paragraphs (1)
and (2) of subsection (b) shall be submitted in unclassified
form.
(d) Other Reports.--If United States Armed Forces are
introduced into hostilities, or into situations where
imminent involvement in hostilities is clearly indicated by
the circumstances, against any country, organization, or
person pursuant to statutory or constitutional authorities
other than Authorization for Use of Military Force, the
President shall comply with the reporting requirements
under--
(1) this section to the same extent and in the same manner
as if such actions had been taken under Authorization for Use
of Military Force;
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and
(3) any other applicable provision of law.
(e) Briefings.--At least once during each 180-day period
described in subsection (a), the President shall provide to
the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a briefing on the
matters covered by the report required under this section for
such period.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
SECTION 1301. FUNDING ALLOCATIONS; SPECIFICATION OF
COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocations.--Of the $338,700,000 authorized to
be appropriated to the Department of Defense for fiscal year
2010 in section 301 and made available by the funding table
in division D for the Department of Defense Cooperative
Threat Reduction Program established under section 1321 of
the Department of Defense Cooperative Threat Reduction Act
(50 U.S.C. 3711), the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination, $492,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement, $183,642,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the
funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2020, 2021, and 2022.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense inspector general.
Sec. 1405. Defense health program.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health
Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2020 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412
[[Page H9533]]
of the Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section
4501.
Subtitle B--Other Matters
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available
for the Defense Health Program for operation and maintenance,
$127,000,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated specifically for the
purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2020 from the Armed Forces Retirement Home Trust Fund
the sum of $64,300,000 for the operation of the Armed Forces
Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Treatment as additional authorizations.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
Sec. 1511. Overseas contingency operations.
Sec. 1512. Procurement.
Sec. 1513. Research, development, test, and evaluation.
Sec. 1514. Operation and maintenance.
Sec. 1515. Military personnel.
Sec. 1516. Working capital funds.
Sec. 1517. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1518. Defense inspector general.
Sec. 1519. Defense health program.
Sec. 1520. Afghanistan security forces fund.
Sec. 1520A. Special transfer authority.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
Sec. 1521. Procurement.
Sec. 1522. Research, development, test, and evaluation.
Sec. 1523. Operation and maintenance.
Sec. 1524. Restriction on transfer of funds authorized by this
subtitle.
SEC. 1501. PURPOSE.
The purposes of this title are to authorize appropriations
for the Department of Defense for fiscal year 2020--
(1) to provide additional funds for overseas contingency
operations being carried out by the Armed Forces; and
(2) to provide additional emergency funds for the recovery
and restoration of military missions and activities at
military installations in California, Florida, North
Carolina, and Nebraska that were impacted by natural
disasters.
SEC. 1502. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
SEC. 1511. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the Department of Defense for overseas
contingency operations in such amounts as may be designated
as provided in section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(ii)).
SEC. 1512. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1513. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1514. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4302.
SEC. 1515. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, military personnel
accounts, as specified in the funding table in section 4402.
SEC. 1516. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4502.
SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4502.
SEC. 1518. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4502.
SEC. 1519. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
SEC. 1520. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2020 shall be subject to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2577).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by this Act and is intended
for transfer to the security forces of the Ministry of
Defense and the Ministry of the Interior of the Government of
Afghanistan, but is not accepted by such security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that such equipment
was procured for the purpose of meeting requirements of the
security forces of the Ministry of Defense and the Ministry
of the Interior of the Government of Afghanistan, as agreed
to by both the Government of Afghanistan and the Government
of the United States, but is no longer required by such
security forces or was damaged before transfer to such
security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of
United States forces in Afghanistan shall consider
alternatives to the acceptance of such equipment by the
Secretary. An explanation of each determination, including
the basis for the determination and the alternatives
considered, shall be included in the relevant quarterly
report required under paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act and every 90-day period thereafter
during which the authority provided by paragraph (1) is
exercised, the Secretary shall submit to the congressional
defense committees a report describing the equipment accepted
during the period covered by such report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2575).
(iii) Section 1531(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1088).
[[Page H9534]]
(iv) Section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 938;
10 U.S.C. 2302 note).
(B) Elements.--Each report under subparagraph (A) shall
include a list of all equipment that was accepted during the
period covered by such report and treated as stocks of the
Department of Defense and copies of the determinations made
under paragraph (2), as required by paragraph (3).
(c) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department
of Defense for the Afghan Security Forces Fund for fiscal
year 2020, it is the goal that $45,500,000, but in no event
less than $10,000,000, shall be used for--
(A) the recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and
Security Forces; and
(B) the recruitment, training, and contracting of female
security personnel for future elections.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit and retain women into the Afghan
National Defense and Security Forces, including the special
operations forces;
(B) programs and activities of the Directorate of Human
Rights and Gender Integration of the Ministry of Defense of
Afghanistan and the Office of Human Rights, Gender and Child
Rights of the Ministry of Interior of Afghanistan;
(C) development and dissemination of gender and human
rights educational and training materials and programs within
the Ministry of Defense and the Ministry of Interior of
Afghanistan;
(D) efforts to address harassment and violence against
women within the Afghan National Defense and Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National Defense
and Security Forces, including appropriate equipment for
female security and police forces, and transportation for
policewomen to their station;
(F) support for Afghanistan National Police Family Response
Units;
(G) security provisions for high-profile female police and
military officers;
(H) programs to promote conflict prevention, management,
and resolution through the meaningful participation of Afghan
women in the Afghan National Defense and Security Forces, by
exposing Afghan women and girls to the activities of and
careers available with such forces, encouraging their
interest in such careers, or developing their interest and
skills necessary for service in such forces; and
(I) enhancements to Afghan National Defense and Security
Forces recruitment programs for targeted advertising with the
goal of increasing the number of female recruits.
(d) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than June 1, 2020, the
Secretary of Defense shall, in consultation with the
Secretary of State, submit to the Committee on Armed Services
and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate an assessment
describing--
(A) the progress of the Government of the Islamic Republic
of Afghanistan toward meeting shared security objectives; and
(B) the efforts of the Government of the Islamic Republic
of Afghanistan to manage, employ, and sustain the equipment
and inventory provided under subsection (a).
(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall
include each of the following:
(A) The extent to which the Government of Afghanistan has a
strategy for, and has taken steps toward, increased
accountability and the reduction of corruption within the
Ministry of Defense and the Ministry of Interior of
Afghanistan.
(B) The extent to which the capability and capacity of the
Afghan National Defense and Security Forces have improved as
a result of Afghanistan Security Forces Fund investment,
including through training, and an articulation of the
metrics used to assess such improvements.
(C) The extent to which the Afghan National Defense and
Security Forces have been able to increase pressure on the
Taliban, al-Qaeda, the Haqqani network, the Islamic State of
Iraq and Syria-Khorasan, and other terrorist organizations,
including by re-taking territory, defending territory, and
disrupting attacks.
(D) The distribution practices of the Afghan National
Defense and Security Forces and whether the Government of
Afghanistan is ensuring that supplies, equipment, and
weaponry supplied by the United States are appropriately
distributed to, and employed by, security forces charged with
fighting the Taliban and other terrorist organizations.
(E) A description of--
(i) the policy governing the use of Acquisition and Cross
Servicing Agreements (ACSA) in Afghanistan;
(ii) each ACSA transaction by type, amount, and recipient
for the period beginning on October 1, 2018, and ending
December 31, 2019; and
(iii) for any transactions from the United States to Afghan
military forces, an explanation for why such transaction was
not carried out under the authorities of the Afghanistan
Security Forces Fund.
(F) The extent to which the Government of Afghanistan has
designated the appropriate staff, prioritized the development
of relevant processes, and provided or requested the
allocation of resources necessary to support a peace and
reconciliation process in Afghanistan.
(G) A description of the ability of the Ministry of Defense
and the Ministry of Interior of Afghanistan to manage and
account for previously divested equipment, including a
description of any vulnerabilities or weaknesses of the
internal controls of such Ministry of Defense and Ministry of
Interior and any plan in place to address shortfalls.
(H) A description of any significant irregularities in the
divestment of equipment to the Afghan National Defense and
Security Forces during the period beginning on May 1, 2019,
and ending on May 1, 2020, including any major losses of such
equipment or any inability on the part of the Afghan National
Defense and Security Forces to account for equipment so
procured.
(I) A description of the sustainment and maintenance costs
required during the 5-year period beginning on the date of
the enactment of this Act, for major weapons platforms
previously divested, and a description of the plan for the
Afghan National Defense and Security Forces to maintain such
platforms in the future.
(J) The extent to which the Government of Afghanistan is
adhering to conditions for receiving assistance established
in annual financial commitment letters or any other bilateral
agreements with the United States.
(K) The extent to which the Government of Afghanistan has
made progress in achieving security sector benchmarks as
outlined by the United States-Afghan Compact (commonly known
as the ``Kabul Compact'') and a description of any other
documents, plans, or agreements used by the United States to
measure security sector progress.
(L) Such other factors as the Secretaries consider
appropriate.
(3) Form.--The assessment required by paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(4) Withholding of assistance for insufficient progress.--
(A) In general.--If the Secretary of Defense determines, in
coordination with the Secretary of State and pursuant to the
assessment under paragraph (1), that the Government of
Afghanistan has made insufficient progress in the areas
described in paragraph (2), the Secretary of Defense shall--
(i) withhold $480,000,000, to be derived from amounts made
available for assistance for the Afghan National Defense and
Security Forces, from expenditure or obligation until the
date on which the Secretary certifies to the congressional
defense committees that the Government of Afghanistan has
made sufficient progress; and
(ii) notify the congressional defense committees not later
than 30 days before withholding such funds.
(B) Waiver.--If the Secretary of Defense determines that
withholding such assistance would impede the national
security objectives of the United States by prohibiting,
restricting, delaying, or otherwise limiting the provision of
assistance, the Secretary may waive the withholding
requirement under subparagraph (A) if the Secretary, in
coordination with the Secretary of State, certifies such
determination to the congressional defense committees not
later than 30 days before the effective date of the waiver.
(e) Additional Reporting Requirements.--The Secretary of
Defense shall include in the materials submitted in support
of the budget for fiscal year 2021 that is submitted by the
President under section 1105(a) of title 31, United States
Code, each of the following:
(1) The amount of funding provided in fiscal year 2019
through the Afghanistan Security Forces Fund to the
Government of Afghanistan in the form of direct government-
to-government assistance or on-budget assistance for the
purposes of supporting any entity of such government,
including the Afghan National Defense and Security Forces,
the Afghan Ministry of Interior, or the Afghan Ministry of
Defense.
(2) The amount of funding provided and anticipated to be
provided, as of the date of the submission of the materials,
in fiscal year 2020 through such Fund in such form.
(3) To the extent the amount described in paragraph (2)
exceeds the amount described in paragraph (1), an explanation
as to the reason why the such amount is greater and the
specific entities and purposes that were supported by such
increase.
SEC. 1520A. SPECIAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this subtitle for fiscal year 2020 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
SEC. 1521. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4103.
[[Page H9535]]
SEC. 1522. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4203.
SEC. 1523. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4303.
SEC. 1524. RESTRICTION ON TRANSFER OF FUNDS AUTHORIZED BY
THIS SUBTITLE.
(a) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this subtitle for fiscal year 2020 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with the authorization to which transferred and shall
be available for the recovery and restoration of military
missions and activities at military installations in
California, Florida, North Carolina, and Nebraska impacted by
natural disasters.
(b) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under sections 1001 and 1520A.
(c) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Repeal of requirement to establish United States Space
Command as a subordinate unified command of the United
States Strategic Command.
Sec. 1602. Coordination of modernization efforts relating to military-
code capable GPS receiver cards.
Sec. 1603. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1604. Annual determination on plan on full integration and
exploitation of overhead persistent infrared capability.
Sec. 1605. Space-based environmental monitoring mission requirements.
Sec. 1606. Resilient enterprise ground architecture.
Sec. 1607. Prototype program for multi-global navigation satellite
system receiver development.
Sec. 1608. Commercial space situational awareness capabilities.
Sec. 1609. Program to enhance and improve launch support and
infrastructure.
Sec. 1610. Preparation to implement plan for use of allied launch
vehicles.
Sec. 1611. Independent study on plan for deterrence in space.
Sec. 1612. Study on leveraging diverse commercial satellite remote
sensing capabilities.
Sec. 1613. Annual report on Space Command and Control program.
Sec. 1614. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence
as Under Secretary of Defense for Intelligence and
Security.
Sec. 1622. Modifications to ISR Integration Council and annual briefing
requirements.
Sec. 1623. Modification of annual authorization of appropriations for
National Flagship Language Initiative.
Sec. 1624. Improving the onboarding methodology for intelligence
personnel.
Sec. 1625. Defense Counterintelligence and Security Agency activities
on facilitating access to local criminal records
historical data.
Sec. 1626. Survey and report on alignment of intelligence collections
capabilities and activities with Department of Defense
requirements.
Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense
Counterintelligence and Security Agency.
Sec. 1628. Report on the expanded purview of the Defense
Counterintelligence and Security Agency.
Sec. 1629. Termination of requirement for Department of Defense
facility access clearances for joint ventures composed of
previously-cleared entities.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Matters relating to military operations in the information
environment.
Sec. 1632. Notification requirements for sensitive military cyber
operations.
Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense.
Sec. 1634. Quarterly assessments of the readiness of Cyber Mission
Forces.
Sec. 1635. Cyber posture review.
Sec. 1636. Modification of elements of assessment required for
termination of dual-hat arrangement for Commander of the
United States Cyber Command.
Sec. 1637. Modification of cyber scholarship program.
Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1639. Extension of the Cyberspace Solarium Commission.
Sec. 1640. Authority to use operation and maintenance funds for cyber
operations-peculiar capability development projects.
Sec. 1641. Role of Chief Information Officer in improving enterprise-
wide cybersecurity.
Sec. 1642. Notification of delegation of authorities to the Secretary
of Defense for military operations in cyberspace.
Sec. 1643. Limitation of funding for Consolidated Afloat Networks and
Enterprise Services.
Sec. 1644. Annual military cyberspace operations report.
Sec. 1645. Annual report on cyber attacks and intrusions against the
Department of Defense by certain foreign entities.
Sec. 1646. Control and analysis of Department of Defense data stolen
through cyberspace.
Sec. 1647. Use of National Security Agency cybersecurity expertise to
support evaluation of commercial cybersecurity products.
Sec. 1648. Framework to enhance cybersecurity of the United States
defense industrial base.
Sec. 1649. Report on cybersecurity training programs.
Sec. 1650. National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace.
Sec. 1651. Reorientation of Big Data Platform program.
Sec. 1652. Zero-based review of Department of Defense cyber and
information technology personnel.
Sec. 1653. Study on improving cyber career paths in the Navy.
Sec. 1654. Accreditation standards and processes for cybersecurity and
information technology products and services.
Sec. 1655. Study on future cyber warfighting capabilities of Department
of Defense.
Sec. 1656. Study to determine the optimal strategy for structuring and
manning elements of the Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and
Cyber Operations-Integrated Planning Elements.
Sec. 1657. Cyber governance structures and Principal Cyber Advisors on
military cyber force matters.
Sec. 1658. Designation of test networks for testing and accreditation
of cybersecurity products and services.
Sec. 1659. Consortia of universities to advise Secretary of Defense on
cybersecurity matters.
Sec. 1660. Joint assessment of Department of Defense cyber red team
capabilities, capacity, demand, and requirements.
Subtitle D--Nuclear Forces
Sec. 1661. Conforming amendment to Council on Oversight of the National
Leadership Command, Control, and Communications System.
Sec. 1662. Modification of authorities relating to nuclear command,
control, and communications system.
Sec. 1663. Briefings on meetings held by Nuclear Weapons Council.
Sec. 1664. Consideration of budget matters at meetings of Nuclear
Weapons Council.
Sec. 1665. Improvement to annual report on the modernization of the
nuclear weapons enterprise.
Sec. 1666. Expansion of officials required to conduct biennial
assessments of delivery platforms for nuclear weapons and
nuclear command and control system.
Sec. 1667. Extension of annual briefing on costs of forward-deploying
nuclear weapons in Europe.
Sec. 1668. Elimination of conventional requirement for long-range
standoff weapon.
Sec. 1669. Briefing on long-range standoff weapon and sea-launched
cruise missile.
Sec. 1670. Extension of prohibition on availability of funds for mobile
variant of ground-based strategic deterrent missile.
Sec. 1671. Reports on development of ground-based strategic deterrent
weapon.
Sec. 1672. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1673. Independent study on policy of no-first-use of nuclear
weapons.
Sec. 1674. Independent study on risks of nuclear terrorism and nuclear
war.
Sec. 1675. Report on military-to-military dialogue to reduce risks of
miscalculation leading to nuclear war.
Sec. 1676. Report on nuclear forces of the United States and near-peer
countries.
Sec. 1677. Report on operation of conventional forces of military
departments under employment or threat of employment of
nuclear weapons.
Sec. 1678. Report on operation of conventional forces of certain
combatant commands under employment or threat of
employment of nuclear weapons.
[[Page H9536]]
Sec. 1679. Briefings on plan for future-systems-level architecture of
nuclear command, control, and communications systems.
Sec. 1680. Sense of Congress on nuclear deterrence commitments of the
United States.
Subtitle E--Missile Defense Programs
Sec. 1681. National missile defense policy.
Sec. 1682. Development of space-based ballistic missile intercept
layer.
Sec. 1683. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1684. Modifications to required testing by Missile Defense Agency
of ground-based midcourse defense element of ballistic
missile defense system.
Sec. 1685. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production.
Sec. 1686. Limitation on availability of funds for lower tier air and
missile defense sensor.
Sec. 1687. Plan for the redesigned kill vehicle replacement.
Sec. 1688. Organization, authorities, and billets of the Missile
Defense Agency.
Sec. 1689. Annual assessment of ballistic missile defense system.
Sec. 1690. Command and control, battle management, and communications
program.
Sec. 1691. Missile defense interceptor site in contiguous United
States.
Sec. 1692. Independent study on impacts of missile defense development
and deployment.
Sec. 1693. Report and briefing on multi-volume kill capability.
Subtitle F--Other Matters
Sec. 1694. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1695. Repeal of requirement for commission on electromagnetic
pulse attacks and similar events.
Sec. 1696. Repeal of review requirement for ammonium perchlorate
report.
Sec. 1697. Transferability of conventional prompt global strike weapon
system technologies to surface-launched platforms.
Sec. 1698. Prohibition on availability of funds for certain offensive
ground-launched ballistic or cruise missile systems.
Sec. 1699. Hard and deeply buried targets.
Subtitle A--Space Activities
SEC. 1601. REPEAL OF REQUIREMENT TO ESTABLISH UNITED STATES
SPACE COMMAND AS A SUBORDINATE UNIFIED COMMAND
OF THE UNITED STATES STRATEGIC COMMAND.
(a) In General.--Section 169 of title 10, United States
Code, is repealed.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 6 of title 10, United
States Code, is amended by striking the item relating to
section 169.
(2) Section 2273a(d)(3) of title 10, United States Code, is
amended by striking ``The Commander of the United States
Strategic Command, acting through the United States Space
Command,'' and inserting ``The Commander of the United States
Space Command, or, if no such command exists, the Commander
of the United States Strategic Command,''.
SEC. 1602. COORDINATION OF MODERNIZATION EFFORTS RELATING TO
MILITARY-CODE CAPABLE GPS RECEIVER CARDS.
Section 1610 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2111; 10 U.S.C. 2281 note) is amended--
(1) in subsection (b)(2), by striking the period at the end
and inserting ``, including with respect to each program of
the Department that requires M-code capable receiver
cards.''; and
(2) in subsection (c), by striking the period at the end
and inserting ``, and shall clarify the roles of the Chief
Information Officer and the Council on Oversight of the
Department of Defense Positioning, Navigation, and Timing
Enterprise with respect to M-code modernization efforts.''.
SEC. 1603. DEMONSTRATION OF BACKUP AND COMPLEMENTARY
POSITIONING, NAVIGATION, AND TIMING
CAPABILITIES OF GLOBAL POSITIONING SYSTEM.
Effective on June 1, 2019, section 1606 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1725) is amended--
(1) in subsection (c)(2), by striking ``the date that is 18
months after the date of the enactment of this Act'' and
inserting ``December 31, 2020''; and
(2) in subsection (d), by striking ``18 months after the
date of the enactment of this Act'' and inserting ``December
31, 2020''.
SEC. 1604. ANNUAL DETERMINATION ON PLAN ON FULL INTEGRATION
AND EXPLOITATION OF OVERHEAD PERSISTENT
INFRARED CAPABILITY.
Section 1618(c) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2431 note)
is amended by striking ``for a fiscal year'' and inserting
``for each of fiscal years 2021 through 2028''.
SEC. 1605. SPACE-BASED ENVIRONMENTAL MONITORING MISSION
REQUIREMENTS.
(a) Procurement of Modernized Pathfinder Program
Satellite.--
(1) In general.--The Secretary of the Air Force shall
procure a modernized pathfinder program satellite that--
(A) addresses space-based environmental monitoring mission
requirements;
(B) reduces the risk that the Department of Defense
experiences a gap in meeting such requirements during the
period beginning January 1, 2023, and ending December 31,
2025; and
(C) is launched not later than January 1, 2023.
(2) Type of satellite.--The satellite described in
paragraph (1) may be a free-flyer or a hosted payload
satellite.
(3) Plan.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the appropriate congressional committees a plan to
procure and launch the satellite described in paragraph (1),
including with respect to--
(A) the requirements for such satellite, including
operational requirements;
(B) timelines for such procurement and launch;
(C) costs for such procurement and launch; and
(D) the launch plan.
(4) Procedures.--The Secretary of the Air Force shall
ensure that the satellite described in paragraph (1) is
procured using full and open competition through the use of
competitive procedures.
(5) Withholding of funds.--The amount equal to 10 percent
of the total amount authorized to be appropriated to the
Office of the Secretary of Air Force for the travel of
persons under the Operations and Maintenance, Defense-Wide
account shall be withheld from obligation or expenditure
until the date on which a contract is awarded for the
procurement of the satellite described in paragraph (1).
(b) Weather System Satellite.--The Secretary of the Air
Force shall ensure that the electro-optical/infrared weather
system satellite--
(1) meets space-based environmental monitoring mission
requirements;
(2) is procured using full and open competition through the
use of competitive procedures; and
(3) is launched not later than September 30, 2025.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``space-based environmental monitoring mission
requirements'' means the national security requirements for
cloud characterization and theater weather imagery.
SEC. 1606. RESILIENT ENTERPRISE GROUND ARCHITECTURE.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force, to advance the security of
the space assets of the Department of Defense, should--
(1) expand on complementary efforts within the Air Force
that promote the adoption of a resilient enterprise ground
architecture that is responsive to new and changing threats
and can rapidly integrate new capabilities to make the
warfighting force of the United States more resilient in a
contested battlespace; and
(2) prioritize the swift transition of space ground
architecture to a common platform and leverage commercial
capabilities in concurrence with the 2015 intent memorandum
of the Commander of the Air Force Space Command.
(b) Future Architecture.--The Secretary of Defense shall,
to the extent practicable--
(1) develop future satellite ground architectures of the
Department of Defense to be compatible with complementary
commercial systems that can support uplink and downlink
capabilities with dual-band spacecraft; and
(2) emphasize that future ground architecture transition
away from stove-piped systems to a service-based platform
that provides members of the Armed Forces with flexible and
adaptable capabilities that--
(A) use, as applicable, commercially available capabilities
and technologies for increased resiliency and cost savings;
and
(B) build commercial opportunity and integration across the
range of resilient space systems.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
future architecture described in subsection (b).
SEC. 1607. PROTOTYPE PROGRAM FOR MULTI-GLOBAL NAVIGATION
SATELLITE SYSTEM RECEIVER DEVELOPMENT.
(a) Prototype Multi-GNSS Program.--The Secretary of the Air
Force shall carry out a program to prototype an M-code based,
multi-global navigation satellite system receiver that is
capable of receiving covered signals to increase the
resilience and capability of military position, navigation,
and timing equipment against threats to the Global
Positioning System and to deter the likelihood of attack on
the worldwide Global Positioning System by reducing the
benefits of such an attack.
(b) Elements.--In carrying out the program under subsection
(a), the Secretary shall--
(1) with respect to each covered signal that could be
received by the prototype receiver under such program,
conduct an assessment of the relative benefits and risks of
using that signal, including with respect to any existing or
needed monitoring infrastructure that would alert users of
the Department of Defense of potentially corrupted signal
information, and the cyber risks and challenges of
incorporating such signals into a properly designed receiver;
(2) ensure that monitoring systems are able to include any
monitoring network of the United States or allies of the
United States;
(3) conduct an assessment of the benefits and risks,
including with respect to the compatibility of non-United
States global navigation satellite
[[Page H9537]]
system signals with existing position, navigation, and timing
equipment of the United States, and the extent to which the
capability to receive such signals would impact current
receiver or antenna design; and
(4) conduct an assessment of the desirability of
establishing a program for the development and deployment of
the receiver system described in subsection (a) in a manner
that--
(A) is a cooperative effort, coordinated with the Secretary
of State, between the United States and the allies of the
United States that may also have interest in funding a multi-
global navigation satellite system and M-code program; and
(B) the Secretary of Defense, in coordination with the
Secretary of State, ensures that the United States has access
to sufficient insight into trusted signals of allied systems
to assure potential reliance by the United States on such
signals.
(c) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Air Force GPS User Equipment Program office, shall
provide to the congressional defense committees a briefing on
a plan to carry out the program under subsection (a) that
includes--
(1) the estimated cost, including total cost and out-year
funding requirements for a program to develop and deploy the
receiver system described in subsection (a);
(2) the schedule for such program;
(3) a plan for how the results of the program could be
incorporated into future blocks of the Global Positioning
System military user equipment program; and
(4) the recommendations and analysis contained in the study
sponsored by the Department of Defense conducted by the MITRE
Corporation on the risks, benefits, and approaches to adding
multi-global navigation satellite system capabilities to
military user equipment.
(d) Report.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report containing--
(1) an explanation of how the Secretary intends to comply
with section 1609 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2281 note);
(2) an outline of any potential cooperative efforts acting
in accordance with the North Atlantic Treaty Organization,
the European Union, or Japan that would support such
compliance;
(3) an assessment of the potential to host, or incorporate
through software-defined payloads, Global Positioning System
M-code functionality onto allied global navigation satellite
system systems; and
(4) an assessment of new or enhanced monitoring
capabilities that would be needed to incorporate global
navigation satellite system functionality into weapon systems
of the Department.
(e) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for increment 2 of the acquisition of military Global
Positioning System user equipment terminals, not more than 90
percent may be obligated or expended until the date on which
the briefing has been provided under subsection (c) and the
report has been submitted under subsection (d).
(f) Waiver Authority for Trusted Signals Capabilities.--
Section 1609(a)(2)(B) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2281 note) is amended by striking ``such
capability'' and inserting ``the capability to add multi-
Global Navigation Satellite System signals to provide
substantive military utility''.
(g) Definitions.--In this section:
(1) The term ``allied systems'' means--
(A) the Galileo system of the European Union;
(B) the QZSS system of Japan; and
(C) upon designation by the Secretary of Defense, in
consultation with the Director of National Intelligence--
(i) the NAVIC system of India; and
(ii) any similarly associated wide area augmentation
systems.
(2) The term ``covered signals''--
(A) means global navigation satellite system signals from--
(i) allied systems; and
(ii) non-allied systems; and
(B) includes both encrypted signals and open signals.
(3) The term ``encrypted signals'' means global navigation
satellite system signals that incorporate encryption or other
internal methods to authenticate signal information.
(4) The term ``M-code'' means, with respect to global
navigation satellite system signals, military code that
provides enhanced positioning, navigation, and timing
capabilities and improved resistance to existing and emerging
threats, such as jamming.
(5) The term ``non-allied systems'' means--
(A) the Russian GLONASS system; and
(B) the Chinese Beidou system.
(6) The term ``open signals'' means global navigation
satellite system that do not include encryption or other
internal methods to authenticate signal information.
SEC. 1608. COMMERCIAL SPACE SITUATIONAL AWARENESS
CAPABILITIES.
(a) Certification.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force,
without delegation, shall certify to the congressional
defense committees that the Air Force is using commercial
space situational awareness services.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the enterprise space battle management command and
control, not more than 85 percent may be obligated or
expended until the date on which the Secretary of the Air
Force makes the certification under subsection (a).
(c) Report.--Not later than March 1, 2020, the Secretary of
the Air Force shall submit to the congressional defense
committees a report on using commercial space situational
awareness services to fill the space situational awareness
requirements that were not filled in the Joint Space
Operations Center Mission Center. The report shall include
the following:
(1) A description of current domestic commercial
capabilities to detect and track space objects in low-Earth
orbit below the 10 centimeter threshold of legacy systems.
(2) A description of current domestic best-in-breed
commercial capabilities that can meet such requirements.
(3) Estimates of the timelines, milestones, and funding
requirements to procure a near-term solution to meet such
requirements until the development programs of the Air Force
are projected to be operationally fielded.
(d) Commercial Space Situational Awareness Services
Defined.--In this section, the term ``commercial space
situational awareness services'' means commercial space
situational awareness processing software and data from
commercial sensors to address warfighter requirements and
fill gaps in current space situational capabilities of the
Air Force.
SEC. 1609. PROGRAM TO ENHANCE AND IMPROVE LAUNCH SUPPORT AND
INFRASTRUCTURE.
(a) In General.--In support of the policy described in
section 2273(a) of title 10, United States Code, the
Secretary of Defense, in coordination with the Administrator
of the Federal Aviation Administration, may carry out a
program to enhance infrastructure and improve support
activities for the processing and launch of Department of
Defense small-class and medium-class payloads.
(b) Program.--The program under subsection (a) shall
include improvements to operations at launch ranges and
Federal Aviation Administration-licensed spaceports that are
consistent with, and necessary to permit, the use of such
launch ranges and spaceports by the Department.
(c) Consultation.--In carrying out the program under
subsection (a), the Secretary may consult with current and
anticipated users of launch ranges and Federal Aviation
Administration-licensed spaceports, including the Space Rapid
Capabilities Office.
(d) Cooperation.--In carrying out the program under
subsection (a), the Secretary may enter into a contract or
agreement under section 2276 of title 10, United States Code.
(e) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report describing a plan
for the program under subsection (a).
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Commerce, Science, and Transportation
and the Select Committee on Intelligence of the Senate; and
(3) the Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1610. PREPARATION TO IMPLEMENT PLAN FOR USE OF ALLIED
LAUNCH VEHICLES.
(a) Preparation.--The Secretary of Defense, in coordination
with the Director of National Intelligence, shall take
actions necessary to prepare to implement the plan developed
pursuant to section 1603 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2584) regarding using allied launch vehicles to
meet the requirements for achieving the policy relating to
assured access to space set forth in section 2273 of title
10, United States Code.
(b) Actions Required.--In carrying out subsection (a), the
Secretary shall--
(1) identify the satellites of the United States that would
be appropriate to be launched on an allied launch vehicle;
(2) assess the relevant provisions of Federal law,
regulations, and policies governing the launch of national
security satellites and determine whether any legislative,
regulatory, or policy actions (including with respect to
waivers) would be necessary to allow for the launch of a
national security satellite on an allied launch vehicle; and
(3) address any certification requirements necessary for
such use of allied launch vehicles and the estimated cost,
schedule, and actions necessary to certify allied launch
vehicles for such use.
(c) Submission to Congress.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on preparing to implement the plan
described in subsection (a), including information regarding
each action required by paragraphs (1), (2), and (3) of
subsection (b).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1611. INDEPENDENT STUDY ON PLAN FOR DETERRENCE IN SPACE.
(a) Independent Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded
research and development center or other independent entity
to conduct a study on deterrence in space.
(2) Matters included.--The study under paragraph (1) shall
include, at a minimum, the following:
[[Page H9538]]
(A) An assessment of the existing range of major studies
and writings on space deterrence and a comprehensive
comparative analysis of the conclusions of such studies and
writings.
(B) An examination, using appropriate analytical tools, of
the approaches proposed by such studies and writings with
respect to creating conditions of deterrence suitable for use
in the space domain, including, at a minimum, an assessment
of all aspects of deterrence in space, including varying
classification, strategies to deny benefit or impose cost,
and space mission assurance (including resilience, active
defense, and reconstitution).
(C) A determination, made either by extending such studies
and writings or through new analysis, of a holistic and
comprehensive theory of deterrence in space appropriate for
use in defense planning.
(D) An evaluation of existing policies, programs, and plans
of the Department of Defense to provide an assessment of the
likely effectiveness of those policies, programs, and plans
to achieve effective space deterrence.
(b) Assessment by Defense Policy Board.--Not later than 180
days after the date of the enactment of this Act, the Defense
Policy Board shall submit to the Secretary of Defense an
assessment of the study under subsection (a)(1), including,
at a minimum--
(1) a determination of the soundness of the study;
(2) a description of any disagreements the Board has with
the conclusions of such study, including recommended changes
or clarifications to such conclusions the Board determines
appropriate; and
(3) changes to the policies, programs, and plans of the
Department of Defense that the Board recommends based on such
study and the changes and clarifications described in
paragraph (2).
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report that contains the
following:
(1) The study under subsection (a)(1), without change.
(2) The assessment under subsection (b), without change.
(3) Based on such study and assessment, a description of
any changes to the policies, programs, and plans of the
Department of Defense that the Secretary recommends to
enhance deterrence in space, including with respect to--
(A) considerations and decision on reducing the
opportunities and incentives for adversaries to attack space
systems of the United States or allies of the United States;
(B) new architectures, including proliferated systems,
hosted payloads, nontraditional orbits, and reconstitution
among others;
(C) appropriate uses of partnering with both commercial
entities and allies to improve deterrence in space;
(D) necessary capabilities to enhance the protection of
space systems to achieve improved deterrence;
(E) bilateral, multilateral, and unilateral measures,
including confidence-building measures, that could be taken
to reduce the risk of miscalculation that would lead to an
attack in space;
(F) policies and capability requirements with regard to
attribution of an attack in space;
(G) policies with regard to retaliatory measures either in
space or on the ground;
(H) authorities with regard to decisions and actions to
defend assets of the United States in space; and
(I) changes to current war plans, routine operations
(including information sharing), and demonstration and test
procedures that could enhance the capability of the United
States to signal the intentions and capabilities of the
United States in an effective manner.
(d) Briefing.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a briefing on the study under
subsection (a)(1) and the assessment under subsection (b).
SEC. 1612. STUDY ON LEVERAGING DIVERSE COMMERCIAL SATELLITE
REMOTE SENSING CAPABILITIES.
(a) Study.--The Secretary of Defense, in consultation with
the Director of National Intelligence, shall conduct a study
on the status of the transition from the National Geospatial-
Intelligence Agency to the National Reconnaissance Office of
the leadership role in acquiring commercial satellite remote
sensing data on behalf of the Department of Defense and the
intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)).
(b) Elements.--In conducting the study under subsection
(a), the Secretary shall study--
(1) commercial geospatial intelligence requirements for the
National Geospatial-Intelligence Agency and the combatant
commands;
(2) plans of the National Reconnaissance Office to meet the
requirements specified in paragraph (1) through the
acquisition of all levels of resolution data from multiple
commercial providers; and
(3) plans of the National Reconnaissance Office to further
develop such programs with commercial companies to continue
to support, while also expanding, adoption by the geospatial
intelligence user community of the Department of Defense.
(c) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives,
and the Select Committee on Intelligence of the Senate a
report on the study conducted under subsection (a).
SEC. 1613. ANNUAL REPORT ON SPACE COMMAND AND CONTROL
PROGRAM.
(a) Reports Required.--
(1) Initial report.--Not later than May 1, 2020, the
Secretary of the Air Force shall submit to the Under
Secretary of Defense for Acquisition and Sustainment, the
congressional defense committees, and the Comptroller General
of the United States, a report on the Space Command and
Control program for fiscal year 2021.
(2) Subsequent reports.--For each of fiscal years 2022
through 2025, concurrent with the submittal to Congress of
the budget of the Department of Defense with the budget of
the President for the subsequent fiscal year under section
1105(a) of title 31, United States Code, the Secretary of the
Air Force shall submit to the Under Secretary of Defense for
Acquisition and Sustainment, the congressional defense
committees, and the Comptroller General of the United States,
an annual report on the Space Command and Control program.
(b) Matters to Be Included.--Each report required by
subsection (a) shall include the following:
(1) A description of any modification to the metrics
established by the Secretary in the acquisition strategy for
the program.
(2) The short-term objectives for the subsequent fiscal
year.
(3) For the preceding fiscal year--
(A) a description of--
(i) the ongoing, achieved, and deferred objectives;
(ii) the challenges encountered and the lessons learned;
(iii) the modifications made or planned so as to
incorporate such lessons learned into subsequent efforts to
address challenges; and
(iv) the cost, schedule, and performance effects of such
modifications; and
(B) a full survey of combatant command requirements,
including Commanders' Integrated Priorities Lists, and
impacts with respect to the program.
(4) A description of potential future combatant command
requirements being considered with respect to the program.
(c) Review of Reports and Briefing by Comptroller
General.--With respect to each report submitted under this
section, the Comptroller General shall review and provide to
the congressional defense committees a briefing on a date
mutually agreed on by the Comptroller General and the
congressional defense committees.
SEC. 1614. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the risks posed by man-made space debris in low-Earth
orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incidence of such space
debris.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of
Representatives; and
(2) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR
INTELLIGENCE AS UNDER SECRETARY OF DEFENSE FOR
INTELLIGENCE AND SECURITY.
(a) Redesignation of Under Secretary.--
(1) In general.--The Under Secretary of Defense for
Intelligence is hereby redesignated as the Under Secretary of
Defense for Intelligence and Security.
(2) Service of incumbent in position.--The individual
serving as Under Secretary of Defense for Intelligence as of
the date of the enactment of this Act may serve as Under
Secretary of Defense for Intelligence and Security commencing
as of that date without further appointment under section 137
of title 10, United States Code (as amended by subsection
(c)(1)(A)(ii)).
(3) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Under Secretary of Defense for Intelligence shall be deemed
to be a reference to the Under Secretary of Defense for
Intelligence and Security.
(b) Redesignation of Related Deputy Under Secretary.--
(1) In general.--The Deputy Under Secretary of Defense for
Intelligence is hereby redesignated as the Deputy Under
Secretary of Defense for Intelligence and Security.
(2) Service of incumbent in position.--The individual
serving as Deputy Under Secretary of Defense for Intelligence
as of the date of the enactment of this Act may serve as
Deputy Under Secretary of Defense for Intelligence and
Security commencing as of that date without further
appointment under section 137a of title 10, United States
Code (as amended by subsection (c)(1)(B)).
(3) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Deputy Under Secretary of Defense for Intelligence shall be
deemed to be a reference to the Deputy Under Secretary of
Defense for Intelligence and Security.
(c) Rule of Construction Regarding Effects of
Redesignation.--Nothing in this section shall be construed to
modify or expand the authorities, resources,
responsibilities, roles, or missions of the Under Secretary
of Defense for
[[Page H9539]]
Intelligence and Security, as redesignated by this section.
(d) Protection of Privacy and Civil Liberties.--Section 137
of title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The protection of privacy and civil liberties in
accordance with Federal law and the regulations and
directives of the Department of Defense shall be a top
priority for the Under Secretary of Defense for Intelligence
and Security.''.
(e) Conforming Amendments.--
(1) Title 10.--Title 10, United States Code, is amended as
follows:
(A) In each provision as follows, by striking ``Under
Secretary of Defense for Intelligence'' and inserting ``Under
Secretary of Defense for Intelligence and Security'':
(i) Section 131(b)(3)(F).
(ii) Section 137, each place it appears.
(iii) Section 139a(d)(6).
(iv) Section 139b(c)(2)(E).
(v) Section 181(d)(1)(B).
(vi) Section 393(b)(2)(C).
(vii) Section 426, each place it appears.
(viii) Section 430(a).
(B) In section 137a(c)(6), by striking ``Deputy Under
Secretary of Defense for Intelligence'' and inserting
``Deputy Under Secretary of Defense for Intelligence and
Security''.
(C) The heading of section 137 is amended to read as
follows:
``Sec. 137. Under Secretary of Defense for Intelligence and
Security''.
(D) The table of sections at the beginning of chapter 4 is
amended by striking the item relating to section 137 and
inserting the following new item:
``137. Under Secretary of Defense for Intelligence and Security.''.
(2) Title 5.--Title 5, United States Code, is amended as
follows:
(A) In section 5314, by striking ``Under Secretary of
Defense for Intelligence'' and inserting ``Under Secretary of
Defense for Intelligence and Security''.
(B) In section 5315, by striking ``Deputy Under Secretary
of Defense for Intelligence'' and inserting ``Deputy Under
Secretary of Defense for Intelligence and Security''.
SEC. 1622. MODIFICATIONS TO ISR INTEGRATION COUNCIL AND
ANNUAL BRIEFING REQUIREMENTS.
(a) ISR Integration Council.--Subsection (a) of section 426
of title 10, United States Code, is amended to read as
follows:
``(a) ISR Integration Council.--(1) The Under Secretary of
Defense for Intelligence and Security shall establish an
Intelligence, Surveillance, and Reconnaissance Integration
Council--
``(A) to assist the Secretary of Defense in carrying out
the responsibilities of the Secretary under section 105(a) of
the National Security Act of 1947 (50 U.S.C. 3038(a));
``(B) to assist the Under Secretary with respect to matters
relating to--
``(i) integration of intelligence and counterintelligence
capabilities and activities under section 137(b) of this
title of the military departments, intelligence agencies of
the Department of Defense, and relevant combatant commands;
and
``(ii) coordination of related developmental activities of
such departments, agencies, and combatant commands; and
``(C) to otherwise provide a means to facilitate such
integration and coordination.
``(2) The Council shall be composed of--
``(A) the Under Secretary, who shall chair the Council;
``(B) the directors of the intelligence agencies of the
Department of Defense;
``(C) the senior intelligence officers of the armed forces
and the regional and functional combatant commands;
``(D) the Director for Intelligence of the Joint Chiefs of
Staff; and
``(E) the Director for Operations of the Joint Chiefs of
Staff.
``(3) The Under Secretary shall invite the participation of
the Director of National Intelligence (or a representative of
the Director) in the proceedings of the Council.
``(4) The Under Secretary may designate additional
participants to attend the proceedings of the Council, as the
Under Secretary determines appropriate.''.
(b) Annual Briefings.--Such section is further amended by
striking subsections (b) and (c) and inserting the following
new subsection (b):
``(b) Annual Briefings on the Intelligence and
Counterintelligence Requirements of the Combatant Commands.--
(1) The Chairman of the Joint Chiefs of Staff shall provide
to the congressional defense committees and the congressional
intelligence committees a briefing on the following:
``(A) The intelligence and counterintelligence
requirements, by specific intelligence capability type, of
each of the relevant combatant commands.
``(B) For the year preceding the year in which the briefing
is provided, the fulfillment rate for each of the relevant
combatant commands of the validated intelligence and
counterintelligence requirements, by specific intelligence
capability type, of such combatant command.
``(C) A risk analysis identifying the critical gaps and
shortfalls in efforts to address operational and strategic
requirements of the Department of Defense that would result
from the failure to fulfill the validated intelligence and
counterintelligence requirements of the relevant combatant
commands.
``(D) A mitigation plan to balance and offset the gaps and
shortfalls identified under subparagraph (C), including with
respect to spaceborne, airborne, ground, maritime, and cyber
intelligence, surveillance, and reconnaissance capabilities.
``(E) For the year preceding the year in which the briefing
is provided--
``(i) the number of intelligence and counterintelligence
requests of each commander of a relevant combatant command
determined by the Joint Chiefs of Staff to be a validated
requirement, and the total of capacity of such requests
provided to each such commander;
``(ii) with respect to such validated requirements--
``(I) the quantity of intelligence and counterintelligence
capabilities or activities, by specific intelligence
capability type, that the Joint Chiefs of Staff requested
each military department to provide; and
``(II) the total of capacity of such requests so provided
by each such military department; and
``(iii) a qualitative assessment of the alignment of
intelligence and counterintelligence capabilities and
activities with the program of analysis for each combat
support agency and intelligence center of a military service
that is part of--
``(I) the Defense Intelligence Enterprise; and
``(II) the intelligence community.
``(2) The Under Secretary of Defense for Intelligence and
Security shall provide to the congressional defense
committees and the congressional intelligence committees a
briefing on short-, mid-, and long-term strategies to address
the validated intelligence and counterintelligence
requirements of the relevant combatant commands, including
with respect to spaceborne, airborne, ground, maritime, and
cyber intelligence, surveillance, and reconnaissance
capabilities.
``(3) The briefings required by paragraphs (1) and (2)
shall be provided at the same time that the President's
budget is submitted pursuant to section 1105(a) of title 31
for each of fiscal years 2021 through 2025.
``(4) In this subsection:
``(A) The term `congressional intelligence committees' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(B) The term `Defense Intelligence Enterprise' means the
organizations, infrastructure, and measures, including
policies, processes, procedures, and products, of the
intelligence, counterintelligence, and security components of
each of the following:
``(i) The Department of Defense.
``(ii) The Joint Staff.
``(iii) The combatant commands.
``(iv) The military departments.
``(v) Other elements of the Department of Defense that
perform national intelligence, defense intelligence,
intelligence-related, counterintelligence, or security
functions.
``(C) The term `fulfillment rate' means the percentage of
combatant command intelligence and counterintelligence
requirements satisfied by available, acquired, or realigned
intelligence and counterintelligence capabilities or
activities.
``(D) The term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1623. MODIFICATION OF ANNUAL AUTHORIZATION OF
APPROPRIATIONS FOR NATIONAL FLAGSHIP LANGUAGE
INITIATIVE.
Section 811(a) of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1911(a)) is amended--
(1) by striking ``fiscal year 2003'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$10,000,000'' and inserting
``$16,000,000''.
SEC. 1624. IMPROVING THE ONBOARDING METHODOLOGY FOR
INTELLIGENCE PERSONNEL.
(a) In General.--The Secretary of Defense and the Director
of National Intelligence shall, consistent with Department of
Defense Instruction 1400.25, as in effect on the day before
the date of the enactment of this Act--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report that outlines a common methodology for measuring
onboarding in elements of the intelligence community,
including human resources and security processes;
(2) not later than one year after the date of the enactment
of this Act, issue metrics for assessing key phases in the
onboarding described in paragraph (1) for which results will
be reported by the date that is 90 days after the date of
such issuance;
(3) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on collaboration among elements of the intelligence
community on their onboarding processes;
(4) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on employment of automated mechanisms in elements of
the intelligence community, including for tracking personnel
as they pass through each phase of the onboarding process;
and
(5) not later than December 31, 2020, distribute surveys to
human resources offices and applicants about their
experiences with the onboarding process in elements of the
intelligence community.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
[[Page H9540]]
SEC. 1625. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY
ACTIVITIES ON FACILITATING ACCESS TO LOCAL
CRIMINAL RECORDS HISTORICAL DATA.
(a) Activity Authorized.--Subject to subsection (c), the
Director of the Defense Counterintelligence and Security
Agency may carry out a set of activities to reduce the time
and cost of accessing State, local, and tribal law
enforcement records for the background investigations
required for current and prospective Federal Government
employees and contractors.
(b) Activities Characterized.--The activities carried out
under subsection (a) shall include only that training,
education, and direct assistance to State, local, and tribal
communities needed for the purpose of streamlining access to
historical criminal record data.
(c) Limitations.--
(1) Commencement of activities.--The Director may not
commence carrying out any activities under subsection (a)
until the date that is 90 days after the date on which the
Director submits the report required by subsection (d)(1).
(2) Legal and reporting obligations.--The Director shall
ensure that no activity carried out under subsection (a)
obligates a State, local, or tribal entity to any additional
legal or reporting obligation to the Defense
Counterintelligence and Security Agency.
(3) Scope.--No activity may be carried out under subsection
(a) that applies to any matter outside the limited purpose of
conducting background investigations for current and
prospective Federal Government employees and contractors.
(4) Consistency with access provided.--The Director shall
ensure that the activities carried out under subsection (a)
are carried out in a manner that is consistent with the
access provided by Federal law enforcement entities to the
Defense Counterintelligence and Security Agency.
(d) Reports.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Director shall submit to
the congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives a
report that details a concept of operation for the set of
activities authorized by subsection (a).
(2) Annual reports.--Not later than one year after the date
on which the Director submits a report pursuant to paragraph
(1) and not less frequently than once each year thereafter,
the Director shall submit to the congressional defense
committees, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a detailed report on the
activities carried out by the Director under subsection (a).
SEC. 1626. SURVEY AND REPORT ON ALIGNMENT OF INTELLIGENCE
COLLECTIONS CAPABILITIES AND ACTIVITIES WITH
DEPARTMENT OF DEFENSE REQUIREMENTS.
(a) Survey and Review.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security, in coordination with the Chairman
of the Joint Chiefs of Staff and the Director of National
Intelligence, shall--
(A) review the organization, posture, current and planned
investments, and processes of the intelligence collections
capabilities and activities, for the purpose of assessing the
sufficiency, integration, and interoperability of such
capabilities and activities to support the current and future
requirements of the Department of Defense; and
(B) conduct a survey of each geographic and functional
combatant command, with respect to intelligence collections
capabilities and activities, to assess--
(i) the current state of the support of such capabilities
and activities to military operations;
(ii) whether the posture of such capabilities and
activities is sufficient to address the requirements of the
Department of Defense;
(iii) the extent to which such capabilities and activities
address gaps and deficiencies with respect to the operational
requirements of the Global Campaign Plans, as identified in
the most recent readiness reviews conducted by the Joint
Staff; and
(iv) whether current and planned investments in such
capabilities and activities are sufficient to address near-,
mid-, and long-term spaceborne, airborne, terrestrial, and
human collection capability requirements.
(2) Elements.--The survey and review under paragraph (1)
shall include the following:
(A) A comprehensive assessment of intelligence collections
capabilities and activities, and whether such capabilities
and activities--
(i) are appropriately postured and sufficiently resourced
to meet current and future requirements of the Department of
Defense;
(ii) are appropriately balanced to address operational and
strategic defense intelligence requirements; and
(iii) are sufficiently integrated and interoperable between
activities of the Military Intelligence Program and the
National Intelligence Program to respond to emerging
requirements of the Department of Defense.
(B) With respect to each geographic and functional
combatant command--
(i) information on the gaps and deficiencies, by specific
intelligence capability type, described in paragraph
(1)(B)(iii);
(ii) a review of the alignment of such gaps and
deficiencies with the intelligence, surveillance, and
reconnaissance submissions to the integrated priorities list
for the period beginning with the completion of the most
recent readiness reviews conducted by the Joint Staff and
ending on the date of the commencement of the survey and
review under subsection (a); and
(iii) detailed information on the allocation and
realignment of intelligence collections capabilities and
activities to address--
(I) such gaps and deficiencies; and
(II) such intelligence, surveillance, and reconnaissance
submissions.
(b) Report.--
(1) Submission.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence and Security shall submit to the appropriate
congressional committees a report on the findings of the
Under Secretary with respect to the survey and review under
subsection (a)(1).
(2) Content.--The report under paragraph (1) shall
include--
(A) an evaluation of--
(i) the organization, posture, current and planned
investments, and processes of the intelligence collections
capabilities and activities, including the extent to which
such capabilities and activities enable the geographic and
functional combatant commands to meet the operational and
strategic requirements of the Department of Defense;
(ii) the use or planned use by each geographic and
functional combatant command of intelligence collections
capabilities and activities available to such command to
address operational and strategic requirements of the
Department of Defense;
(iii) the gaps and deficiencies described in subsection
(a)(1)(B)(iii), if any, that prohibit each geographic and
functional combatant command from the most effective use of
the intelligence collections capabilities and activities to
address priority requirements of the Department of Defense;
(iv) the accepted risk by the Secretary of Defense from the
prioritization of certain Department of Defense requirements
with respect to the allocation of intelligence collections
capabilities and activities; and
(v) the alignment and responsiveness of intelligence
collections capabilities and activities with respect to the
planning requirements for the Program of Analysis of each
combat support agency that is part of--
(I) the Defense Intelligence Enterprise; and
(II) the intelligence community; and
(B) recommendations, if any, to improve the sufficiency,
responsiveness, and interoperability of intelligence
collections capabilities and activities to fulfill the
operational and strategic requirements of the Department of
Defense.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees.
(2) The term ``combat support agency'' has the meaning
given that term in section 193(f) of title 10, United States
Code.
(3) The term ``Defense Intelligence Enterprise'' has the
meaning given that term in section 1633(c)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2600).
(4) The term ``intelligence collections capabilities and
activities'' means the totality of intelligence collections
systems and processes which enable the tasking, processing,
exploitation, and dissemination capabilities, capacity, and
activities of the Defense Intelligence Enterprise.
(5) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(6) The term ``congressional intelligence committees'' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1627. REPORTS ON CONSOLIDATED ADJUDICATION FACILITY OF
THE DEFENSE COUNTERINTELLIGENCE AND SECURITY
AGENCY.
(a) Reports.--On a semiannual basis during the period
beginning on the date of the enactment of this Act and ending
on the date specified in subsection (b), and annually
thereafter, the Director of the Defense Counterintelligence
and Security Agency shall submit to the congressional defense
committees a report on the processes in place for
adjudicating security clearances and the progress made to
address the backlog of security clearance applications,
including--
(1) metrics used by the Director to evaluate the inventory
and timeliness of adjudicating security clearance cases; and
(2) details on the resources used by the Director in
carrying out the security clearance mission of the
Consolidated Adjudication Facility.
(b) Determination and Briefing.--Upon the date on which the
Director of the Defense Counterintelligence and Security
Agency determines both that the backlog of security clearance
adjudications has been substantially eliminated and that the
timeline to conduct background investigations reflects the
type of investigation being conducted and the level of
clearance required, the Director shall--
(1) notify the congressional defense committees of such
determination; and
(2) provide to such committees a briefing on the progress
made by the Director with respect to security clearance
adjudications.
SEC. 1628. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the Defense
Counterintelligence and Security Agency.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of the resources and authorities
appropriate for the inspector general
[[Page H9541]]
for the expanded purview of the Defense Counterintelligence
and Security Agency.
(2) Identification of the resources and authorities needed
to perform the civil liberties and privacy officer function
of the Defense Counterintelligence and Security Agency.
(3) An assessment of the security protocols in effect for
personally identifiable information held by the Defense
Counterintelligence and Security Agency.
(4) An assessment of the governance structure of the
Defense Counterintelligence and Security Agency as it relates
to the Department of Defense, including with respect to
status, authorities, and leadership.
(5) An assessment of the governance structure of the
Defense Counterintelligence and Security Agency as it relates
to interagency partners, including the Office of Management
and Budget, the Office of the Director of National
Intelligence, and the Office of Personnel Management.
(6) The methodology the Defense Counterintelligence and
Security Agency will prioritize requests for background
investigation requests from government agencies and industry.
SEC. 1629. TERMINATION OF REQUIREMENT FOR DEPARTMENT OF
DEFENSE FACILITY ACCESS CLEARANCES FOR JOINT
VENTURES COMPOSED OF PREVIOUSLY-CLEARED
ENTITIES.
A clearance for access to a Department of Defense
installation or facility may not be required for a joint
venture if that joint venture is composed entirely of
entities that are currently cleared for access to such
installation or facility.
Subtitle C--Cyberspace-Related Matters
SEC. 1631. MATTERS RELATING TO MILITARY OPERATIONS IN THE
INFORMATION ENVIRONMENT.
(a) Principal Information Operations Advisor.--
(1) In general.--Chapter 19 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 397. Principal Information Operations Advisor
``(a) Designation.--Not later than 30 days after the
enactment of this Act, the Secretary of Defense shall
designate, from among officials appointed to a position in
the Department of Defense by and with the advice and consent
of the Senate, a Principal Information Operations Advisor to
act as the principal advisor to the Secretary on all aspects
of information operations conducted by the Department.
``(b) Responsibilities.--The Principal Information
Operations Advisor shall have the following responsibilities:
``(1) Oversight of policy, strategy, planning, resource
management, operational considerations, personnel, and
technology development across all the elements of information
operations of the Department.
``(2) Overall integration and supervision of the deterrence
of, conduct of, and defense against information operations.
``(3) Promulgation of policies to ensure adequate
coordination and deconfliction with the Department of State,
the intelligence community (as such term is defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)), and other relevant agencies and departments of the
Federal Government.
``(4) Coordination with the head of the Global Engagement
Center to support the purpose of the Center (as set forth by
section 1287(a)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note)) and liaison with the Center and other relevant Federal
Government entities to support such purpose.
``(5) Establishing and supervising a rigorous risk
management process to mitigate the risk of potential exposure
of United States Persons to information intended exclusively
for foreign audiences.
``(6) Promulgation of standards for the attribution or
public acknowledgment, if any, of operations in the
information environment.
``(7) Development of guidance for, and promotion of, the
capability of the Department to liaison with the private
sector and academia on matters relating to the influence
activities of malign actors.
``(8) Such other matters relating to information operations
as the Secretary shall specify for purposes of this
subsection.''.
(2) Clerical amendments.--
(A) Chapter 19.--
(i) Chapter heading.--The heading of chapter 19 of such
title is amended to read as follows:
``CHAPTER 19--CYBER AND INFORMATION OPERATIONS MATTERS''.
(ii) Table of sections.--The table of sections at the
beginning of chapter 19 of such title is amended by inserting
at the end the following new item:
``397. Principal Information Operations Advisor.''.
(B) Table of chapters.--The table of chapters for part I of
subtitle A of such title is amended by striking the item
relating to chapter 19 and inserting the following new item:
``19. Cyber and Information Operations Matters...............391''.....
(b) Affirming the Authority of the Secretary of Defense to
Conduct Military Operations in the Information Environment.--
(1) Congress affirms that the Secretary of Defense is
authorized to conduct military operations, including
clandestine operations, in the information environment to
defend the United States, allies of the United States, and
interests of the United States, including in response to
malicious influence activities carried out against the United
States or a United States person by a foreign power.
(2) The military operations referred to in paragraph (1),
when appropriately authorized include the conduct of military
operations short of hostilities and in areas outside of areas
of active hostilities for the purpose of preparation of the
environment, influence, force protection, and deterrence of
hostilities.
(c) Treatment of Clandestine Military Operations in the
Information Environment as Traditional Military Activities.--
A clandestine military operation in the information
environment shall be considered a traditional military
activity for the purposes of section 503(e)(2) of the
National Security Act of 1947 (50 U.S.C. 3093(e)(2)).
(d) Quarterly Information Operations Briefings.--(1) Not
less frequently than once each quarter, the Secretary of
Defense shall provide the congressional defense committees a
briefing on significant military operations, including all
clandestine operations in the information environment,
carried out by the Department of Defense during the
immediately preceding quarter.
(2) Each briefing under paragraph (1) shall include, with
respect to the military operations in the information
environment described in such paragraph, the following:
(A) An update, disaggregated by geographic and functional
command, that describes the operations carried out by the
commands.
(B) An overview of authorities and legal issues applicable
to the operations, including any relevant legal limitations.
(C) An outline of any interagency activities and
initiatives relating to the operations.
(D) Such other matters as the Secretary considers
appropriate.
(e) Rule of Construction.--Nothing in this section may be
construed to limit, expand, or otherwise alter the authority
of the Secretary to conduct military operations, including
clandestine operations, in the information environment, to
authorize specific military operations, or to limit, expand,
or otherwise alter or otherwise affect the War Powers
Resolution (50 U.S.C. 1541 et seq.) or an authorization for
use of military force that was in effect on the day before
the date of the enactment of this Act.
(f) Cross-functional Team.--
(1) Establishment.--The Principal Information Operations
Advisor shall integrate the expertise in all elements of
information operations and perspectives of appropriate
organizations within the Office of the Secretary of Defense,
Joint Staff, military departments, Defense Agencies, and
combatant commands by establishing and maintaining a full-
time cross-functional team composed of subject-matter experts
selected from those organizations.
(2) Selection and organization.--The cross-functional team
established under paragraph (1) shall be selected, organized,
and managed in a manner consistent with section 911 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 111 note).
(g) Strategy and Posture Review.--
(1) Strategy and posture review required.--Not later than
270 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Principal
Information Operations Advisor under section 397 of title 10,
United States Code (as added by subsection (a)) and the
cross-functional team established under subsection (f)(1),
shall--
(A) develop or update, as appropriate, a strategy for
operations in the information environment, including how such
operations will be synchronized across the Department of
Defense and the global, regional, and functional interests of
the combatant commands;
(B) conduct an information operations posture review,
including an analysis of capability gaps that inhibit the
Department's ability to successfully execute the strategy
developed or updated pursuant to subparagraph (A);
(C) designate Information Operations Force Providers and
Information Operations Joint Force Trainers for the
Department of Defense;
(D) develop and persistently manage a joint lexicon for
terms related to information operations, including
``information operations'', ``information environment'',
``operations in the information environment'', and
``information related capabilities''; and
(E) determine the collective set of combat capabilities
that will be treated as part of operations in the information
environment, including cyber warfare, space warfare, military
information support operations, electronic warfare, public
affairs, and civil affairs.
(2) Coordination on certain cyber matters.--For any matters
in the strategy and posture review under paragraph (1) that
involve or relate to Department of Defense cyber
capabilities, the Principal Information Operations Advisor
shall fully collaborate with the Principal Cyber Advisor to
the Secretary of Defense.
(3) Elements.--At a minimum, the strategy developed or
updated pursuant to paragraph (1)(A) shall include the
following:
(A) The establishment of lines of effort, objectives, and
tasks that are necessary to implement such strategy and
eliminate the capability gaps identified under paragraph
(1)(B).
(B) In partnership with the Principal Cyber Advisor to the
Secretary of Defense and in coordination with any other
component or Department of Defense entity as selected by the
Secretary of Defense, an evaluation of any organizational
changes that may be required within the Office of the
Secretary of Defense, including potential changes to Under
Secretary or Assistant Secretary-level positions to
comprehensively conduct oversight of policy development,
capabilities, and other aspects of operations in the
information environment as determined pursuant to the
information operations posture review under paragraph (1)(B).
(C) An assessment of various models for operationalizing
information operations, including the feasibility and
advisability of establishing an Army Information Warfare
Command.
[[Page H9542]]
(D) A review of the role of information operations in
combatant commander operational planning, the ability of
combatant commanders to respond to hostile acts by
adversaries, and the ability of combatant commanders to
engage and build capacity with allies.
(E) A review of the law, policies, and authorities relating
to, and necessary for, the United States to conduct military
operations, including clandestine military operations, in the
information environment.
(4) Submission to congress.--Upon completion, the Secretary
of Defense shall present the strategy for operations in the
information environment and the information operations
posture review under subparagraphs (A) and (B), respectively,
of paragraph (1) to the Committees on Armed Services of the
House of Representatives and the Senate.
(h) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report for the structuring and manning of information
operations capabilities and forces across the Department of
Defense. The Secretary shall provide such Committees with
quarterly updates on such plan.
(2) Elements.--The plan required under paragraph (1) shall
address the following:
(A) How the Department of Defense will organize to develop
a combined information operations strategy and posture review
under subsection (g).
(B) How the Department will fulfill the roles and
responsibilities of the Principal Information Operations
Advisor under section 397 of title 10, United States Code (as
added by subsection (a)).
(C) How the Department will establish the information
operations cross-functional team under subsection (f)(1).
(D) How the Department will utilize boards and working
groups involving senior-level Department representatives on
information operations.
(E) Such other matters as the Secretary of Defense
considers appropriate.
(i) Definitions.--In this section:
(1) The terms ``foreign person'' and ``United States
person'' have the meanings given such terms in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
(2) The term ``hostilities'' has the same meaning as such
term is used in the War Powers Resolution (50 U.S.C. 1541 et
seq.).
(3) The term ``clandestine military operation in the
information environment'' means an operation or activity, or
associated preparatory actions, authorized by the President
or the Secretary of Defense, that--
(A) is marked by, held in, or conducted with secrecy, where
the intent is that the operation or activity will not be
apparent or acknowledged publicly; and
(B) is to be carried out--
(i) as part of a military operation plan approved by the
President or the Secretary of Defense;
(ii) to deter, safeguard, or defend against attacks or
malicious influence activities against the United States,
allies of the United States, and interests of the United
States;
(iii) in support of hostilities or military operations
involving the United States armed forces; or
(iv) in support of military operations short of hostilities
and in areas where hostilities are not occurring for the
purpose of preparation of the environment, influence, force
protection, and deterrence.
SEC. 1632. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY
CYBER OPERATIONS.
Section 395 of title 10, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``, signed by the
Secretary, or the Secretary's designee,'' after ``written
notification''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) is determined to--
``(i) have a medium or high collateral effects estimate;
``(ii) have a medium or high intelligence gain or loss;
``(iii) have a medium or high probability of political
retaliation, as determined by the political military
assessment contained within the associated concept of
operations;
``(iv) have a medium or high probability of detection when
detection is not intended; or
``(v) result in medium or high collateral effects; and'';
and
(B) in paragraph (2)(B), by striking ``outside the
Department of Defense Information Networks to defeat an
ongoing or imminent threat''.
SEC. 1633. EVALUATION OF CYBER VULNERABILITIES OF MAJOR
WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE.
Section 1647 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) is amended by adding at
the end the following new subsections:
``(f) Written Notification.--If the Secretary determines
that the Department will not complete an evaluation of the
cyber vulnerabilities of each major weapon system of the
Department by the date specified in subsection (a)(1), the
Secretary shall provide to the congressional defense
committees written notification relating to each such
incomplete evaluation. Such a written notification shall
include the following:
``(1) An identification of each major weapon system for
which an evaluation will not be complete by the date
specified in subsection (a)(1), the anticipated date of
completion of the evaluation of each such weapon system, and
a description of the remaining work to be done for the
evaluation of each such weapon system.
``(2) A justification for the inability to complete such an
evaluation by the date specified in subsection (a)(1).
``(g) Report.--The Secretary, acting through the Under
Secretary of Defense for Acquisition and Sustainment, shall
provide a report to the congressional defense committees upon
completion of the requirement for an evaluation of the cyber
vulnerabilities of each major weapon system of the Department
under this section. Such report shall include the following:
``(1) An identification of cyber vulnerabilities of each
major weapon system requiring mitigation.
``(2) An identification of current and planned efforts to
address the cyber vulnerabilities of each major weapon system
requiring mitigation, including efforts across the doctrine,
organization, training, materiel, leadership and education,
personnel, and facilities of the Department.
``(3) A description of joint and common cyber vulnerability
mitigation solutions and efforts, including solutions and
efforts across the doctrine, organization, training,
materiel, leadership and education, personnel, and facilities
of the Department.
``(4) A description of lessons learned and best practices
regarding evaluations of the cyber vulnerabilities and cyber
vulnerability mitigation efforts relating to major weapon
systems, including an identification of useful tools and
technologies for discovering and mitigating vulnerabilities,
such as those specified in section 1657 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), and steps taken to institutionalize the
use of these tools and technologies.
``(5) A description of efforts to share lessons learned and
best practices regarding evaluations of the cyber
vulnerabilities and cyber vulnerability mitigation efforts of
major weapon systems across the Department.
``(6) An identification of measures taken to
institutionalize evaluations of cyber vulnerabilities of
major weapon systems, including an identification of which
major weapon systems evaluated under this section will be
reevaluated in the future, when these evaluations will occur,
and how evaluations will occur for future major weapon
systems.
``(7) Information relating to guidance, processes,
procedures, or other activities established to mitigate or
address the likelihood of cyber vulnerabilities of major
weapon systems by incorporation of lessons learned in the
research, development, test, evaluation, and acquisition
cycle, including promotion of cyber education of the
acquisition workforce.
``(8) An identification of systems to be incorporated into
or that have been incorporated into the National Security
Agency's Strategic Cybersecurity Program and the status of
these systems in the Program.
``(9) Any other matters the Secretary determines
relevant.''.
SEC. 1634. QUARTERLY ASSESSMENTS OF THE READINESS OF CYBER
MISSION FORCES.
(a) In General.--Section 484(b) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) An overview of the readiness of the Cyber Mission
Forces to perform assigned missions that--
``(A) address all of the abilities of such Forces to
conduct cyberspace operations based on capability and
capacity of personnel, equipment, training, and equipment
condition--
``(i) using both quantitative and qualitative metrics; and
``(ii) in a way that is common to all military departments;
and
``(B) is consistent with readiness reporting pursuant to
section 482 of this title.''.
(b) Metrics.--
(1) Establishment required.--The Secretary of Defense shall
establish metrics for the assessment of the readiness of the
Cyber Mission Forces of the Department of Defense.
(2) Briefings required.--Not later than 90 days after the
date of the enactment of this Act and quarterly thereafter
until completion of the establishment of the metrics under
paragraph (1), the Secretary shall provide a briefing to the
congressional defense committees on such metrics, including
progress as required pursuant to subsection (c).
(c) Modification of Readiness Reporting System.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall take such actions as the Secretary
considers appropriate to ensure that the comprehensive
readiness reporting system established pursuant to section
117(a) of title 10, United States Code, covers matters
relating to the readiness of the Cyber Mission Forces--
(1) using the metrics established pursuant to subsection
(b)(1); and
(2) in a manner that is consistent with sections 117 and
482 of such title.
(d) First Quarterly Briefing Assessing Cyber Readiness.--
The amendments made by subsection (a) shall take effect on
the date that is 180 days after the date of the enactment of
this Act.
SEC. 1635. CYBER POSTURE REVIEW.
Section 1644 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) is amended--
(1) in subsection (a), by inserting ``, not later than
December 31, 2022, and quadrennially thereafter,'' before
``conduct'';
(2) in subsection (b), by striking ``the review'' and
inserting ``each review'';
[[Page H9543]]
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``The review'' and inserting ``Each review'';
(B) by redesignating paragraph (9) as paragraph (11); and
(C) by inserting after paragraph (8) the following new
paragraphs:
``(9) An assessment of the potential costs, benefits, and
value, if any, of establishing a cyber force as a separate
uniformed service.
``(10) Any recurrent problems or capability gaps that
remain unaddressed since the previous posture review.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the cyber'' and
inserting ``each cyber'';
(B) in paragraph (2), by striking ``The report'' and
inserting ``Each report''; and
(C) by striking paragraph (3); and
(5) in subsection (e), by striking ``period beginning on
the date that is five years after the date of the enactment
of this Act and ending on the date that is 10 years after
such date of enactment'' and inserting ``eight-year period
that begins on the date of each review conducted under
subsection (a)''.
SEC. 1636. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED
FOR TERMINATION OF DUAL-HAT ARRANGEMENT FOR
COMMANDER OF THE UNITED STATES CYBER COMMAND.
Section 1642 of the National Defense Authorization Act for
Fiscal Year 2017 (130 Stat. 2601; Public Law 114-328) is
amended--
(1) in subsection (b)(2)(C)--
(A) in clause (ii), by inserting ``and national
intelligence operations'' after ``operations'';
(B) by amending clause (iii) to read as follows:
``(iii) The tools, weapons, and accesses used in and
available for military cyber operations are sufficient for
achieving required effects and United States Cyber Command is
capable of acquiring or developing such tools, weapons, and
accesses.''; and
(C) by amending clause (vi) to read as follows:
``(vi) The Cyber Mission Force has achieved full
operational capability and has demonstrated the capacity to
execute the cyber missions of the Department, including the
following:
``(I) Execution of national-level missions through
cyberspace, including deterrence and disruption of adversary
cyber activity.
``(II) Defense of the Department of Defense Information
Network.
``(III) Support for other combatant commands, including
targeting of adversary military assets.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Biannual Briefing.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection and biannually thereafter,
the Secretary of Defense and the Director of National
Intelligence shall provide to the appropriate committees of
Congress briefings on the nature of the National Security
Agency and United States Cyber Command's current and future
partnership. Briefings under this subsection shall not
terminate until the certification specified in subsection (a)
is issued.
``(2) Elements.--Each briefing under this subsection shall
include status updates on the current and future National
Security Agency-United States Cyber Command partnership
efforts, including relating to the following:
``(A) Common infrastructure and capability acquisition.
``(B) Operational priorities and partnership.
``(C) Research and development partnership.
``(D) Executed documents, written memoranda of agreements
or understandings, and policies issued governing such current
and future partnership.
``(E) Projected long-term efforts.''.
SEC. 1637. MODIFICATION OF CYBER SCHOLARSHIP PROGRAM.
Section 2200a(a)(1) of title 10, United States Code, is
amended by striking ``or advanced degree, or a
certification,'' and inserting ``advanced degree, or
certificate''.
SEC. 1638. TIER 1 EXERCISE OF SUPPORT TO CIVIL AUTHORITIES
FOR A CYBER INCIDENT.
Section 1648 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) in subsection (a), by striking ``The'' and inserting
``Not later than May 1, 2020, the''; and
(2) by adding at the end the following new subsection:
``(c) Limitation.--Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Department of Defense for the White
House Communications Agency, not more than 90 percent of such
funds may be obligated or expended until the initiation of
the tier 1 exercise required under subsection (a).''.
SEC. 1639. EXTENSION OF THE CYBERSPACE SOLARIUM COMMISSION.
Paragraph (1) of section 1652(k) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended by striking ``September 1,
2019'' and inserting ``April 30, 2020''.
SEC. 1640. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
FOR CYBER OPERATIONS-PECULIAR CAPABILITY
DEVELOPMENT PROJECTS.
(a) In General.--The Secretary of Defense and each
Secretary of the military departments concerned may obligate
and expend not more than $3,000,000 of amounts authorized to
be appropriated for operation and maintenance per service in
each of fiscal years 2020 through 2022 to carry out cyber
operations-peculiar capability development projects.
(b) Notification.--Not later than 15 days after exercising
the authority provided for in subsection (a), the Secretary
of Defense, or his designee, and each Secretary of the
military departments concerned, or their designees, shall
notify the congressional defense committees of such exercise
for projects exceeding $500,000.
(c) Report.--Not later than December 31 of each year
through 2022, the Secretary of Defense shall submit to the
congressional defense committees a report on obligations and
expenditures made pursuant to the authority provided for in
subsection (a). Each such report shall include a full
description and evaluation of each of the cyber operations-
peculiar capability development projects that is the subject
of each such obligation or expenditure, definitions and
standards for cyber operations-peculiar requirements,
transition plans, and any other matters the Secretary
determines relevant.
SEC. 1641. ROLE OF CHIEF INFORMATION OFFICER IN IMPROVING
ENTERPRISE-WIDE CYBERSECURITY.
(a) In General.--In carrying out the responsibilities
established in section 142 of title 10, United States Code,
the Chief Information Officer of the Department of Defense
shall, to the maximum extent practicable, ensure that the
cybersecurity programs and capabilities of the Department--
(1) fit into an enterprise-wide cybersecurity architecture;
(2) are maximally interoperable with each other, including
those programs and capabilities deployed by the components of
the Department;
(3) enhance enterprise-level visibility and responsiveness
to threats; and
(4) are developed, procured, instituted, and managed in a
cost-efficient manner, exploiting economies of scale and
enterprise-wide services and discouraging unnecessary
customization and piecemeal acquisition.
(b) Requirements.--In carrying out subsection (a), the
Chief Information Officer shall--
(1) manage and modernize the cybersecurity architecture of
the Department, including--
(A) ensuring the cybersecurity architecture of the
Department maximizes cybersecurity capability, network, and
endpoint activity data sharing across Department components;
(B) ensuring the cybersecurity architecture of the
Department supports improved automaticity of cybersecurity
detection and response; and
(C) modernizing and configuring the Department's
standardized deployed perimeter, network-level, and endpoint
capabilities to improve interoperability, meet pressing
capability needs, and negate common adversary tactics,
techniques, and procedures;
(2) establish mechanisms to enable and mandate, as
necessary, cybersecurity capability and network and endpoint
activity data-sharing across Department components;
(3) make mission data, through data tagging, automatic
transmission, and other means, accessible and discoverable by
Department components other than owners of such mission data;
(4) incorporate into the cybersecurity architecture of the
Department emerging cybersecurity technologies from the
Defense Advanced Research Projects Agency, the Strategic
Capabilities Office, the Defense Innovation Unit, the
laboratories of the military departments, and the commercial
sector;
(5) ensure that the Department possesses the necessary
computing infrastructure, through technology refresh,
installation or acquisition of bandwidth, and the use of
cloud computing power, to host and enable necessary
cybersecurity capabilities; and
(6) utilize the Department's cybersecurity expertise to
improve cybersecurity performance, operations, and
acquisition, including--
(A) the cybersecurity testing, architecting, and
engineering expertise of the National Security Agency; and
(B) the technology policy, workforce, and engineering
expertise of the Defense Digital Service.
SEC. 1642. NOTIFICATION OF DELEGATION OF AUTHORITIES TO THE
SECRETARY OF DEFENSE FOR MILITARY OPERATIONS IN
CYBERSPACE.
(a) In General.--The Secretary of Defense shall provide
written notification to the Committee on Armed Services of
the House of Representatives and the Committee on Armed
Services of the Senate of the following:
(1) Authorities delegated to the Secretary by the President
for military operations in cyberspace that are otherwise held
by the National Command Authority, not later than 15 days
after any such delegation. A notification under this
paragraph shall include a description of the authorities
delegated to the Secretary.
(2) Concepts of operations approved by the Secretary
pursuant to delegated authorities described in paragraph (1),
not later than 15 days after any such approval. A
notification under this paragraph shall include the
following:
(A) A description of authorized activities to be conducted
or planned to be conducted pursuant to such authorities.
(B) The defined military objectives relating to such
authorities.
(C) A list of countries in which such authorities may be
exercised.
(D) A description of relevant orders issued by the
Secretary in accordance with such authorities.
(b) Procedures.--
(1) In general.--The Secretary of Defense shall establish
and submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate procedures for complying with the requirements of
subsection (a), consistent with the national security of the
United States and the protection of operational integrity.
The Secretary shall promptly notify such committees in
writing of any changes to such procedures at least 14 days
prior to the adoption of any such changes.
[[Page H9544]]
(2) Sufficiency.--The Committee on Armed Services of the
House of Representatives and the Committee on Armed Services
of the Senate shall ensure that committee procedures designed
to protect from unauthorized disclosure classified
information relating to national security of the United
States are sufficient to protect the information that is
submitted to such committees pursuant to this section.
(3) Notification in event of unauthorized disclosure.--In
the event of an unauthorized disclosure of authorities
covered by this section, the Secretary of Defense shall
ensure, to the maximum extent practicable, that the Committee
on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate are notified
immediately. Notification under this paragraph may be verbal
or written, but in the event of a verbal notification, a
written notification signed by the Secretary shall be
provided by not later than 48 hours after the provision of
such verbal notification.
SEC. 1643. LIMITATION OF FUNDING FOR CONSOLIDATED AFLOAT
NETWORKS AND ENTERPRISE SERVICES.
Of the funds authorized to be appropriated by this Act for
fiscal year 2020 for the Consolidated Afloat Networks and
Enterprise Services, not more than 85 percent of such funds
may be obligated or expended until the Secretary of the Navy
and the Chief Information Officer of the Department of
Defense independently certify to the congressional defense
committees, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate that recommendations in the Audit
of Consolidated Afloat Networks and Enterprise Services
Security Safeguards (DODIG-2019-072) have been implemented.
SEC. 1644. ANNUAL MILITARY CYBERSPACE OPERATIONS REPORT.
(a) In General.--Not later than March 1 of each year, the
Secretary of Defense shall provide to the congressional
defense committees a written report summarizing all named
military cyberspace operations conducted in the previous
calendar year, including cyber effects, operations, cyber
effects enabling operations, and cyber operations conducted
as defensive operations. Each such summary should be
organized by adversarial country and should include the
following for each named operation:
(1) An identification of the objective and purpose.
(2) Descriptions of the impacted countries, organizations,
or forces, and nature of the impact.
(3) A description of methodologies used for the cyber
effects operation or cyber effects enabling operation.
(4) An identification of the Cyber Mission Force teams, or
other Department of Defense entity or units, that conducted
such operation, and supporting teams, entities, or units.
(5) An identification of the infrastructures on which such
operations occurred.
(6) A description of relevant legal, operational, and
funding authorities.
(7) Additional costs beyond baseline operations and
maintenance and personnel costs directly associated with the
conduct of the cyber effects operation or cyber effects
enabling operation.
(8) Any other matters the Secretary determines relevant.
(b) Classification.--The Secretary of Defense shall provide
each report required under subsection (a) at a classification
level the Secretary determines appropriate.
(c) Limitation.--This section does not apply to cyber-
enabled military information support operations or military
deception operations.
SEC. 1645. ANNUAL REPORT ON CYBER ATTACKS AND INTRUSIONS
AGAINST THE DEPARTMENT OF DEFENSE BY CERTAIN
FOREIGN ENTITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and each fiscal year thereafter
through fiscal year 2023, the Principal Cyber Advisor to the
Secretary of Defense and Chief Information Officer of the
Department of Defense shall submit to the congressional
defense committees a report on cyber attacks and intrusions
in the previous 12 months by agents or associates of the
Governments of the Russian Federation, the People's Republic
of China, the Islamic Republic of Iran, and the Democratic
People's Republic of Korea against or into the information
systems (as such term is defined in section 3502 of title 44,
United States Code) of--
(1) the Department of Defense; and
(2) any contractor of the Department of Defense that works
on sensitive United States military technology.
(b) Form.--The report required by subsection (a) shall be
submitted in classified form. The data in such report shall
be aggregated from U.S. Cyber Command, the Defense
Information Systems Agency, the military services and
Department of Defense agencies, the Joint Staff, and the
Office of the Secretary of Defense.
SEC. 1646. CONTROL AND ANALYSIS OF DEPARTMENT OF DEFENSE DATA
STOLEN THROUGH CYBERSPACE.
(a) Requirements.--If the Secretary of Defense determines
that significant Department of Defense data may have been
stolen through cyberspace and evidence of theft of the data
in question--
(1) is in the possession of a component of the Department,
the Secretary shall--
(A) either transfer or replicate and transfer such
Department data in a prompt and secure manner to a secure
repository with access by Department personnel appropriately
limited on a need-to-know basis or otherwise ensure such
consistent access to the relevant data by other means;
(B) ensure the Department applies such automated analytic
tools and capabilities to the repository of potentially
compromised data as are necessary to rapidly understand the
scope and effect of the potential compromise;
(C) for high priority and mission critical Department
systems, develop analytic products that characterize the
scope of data compromised;
(D) ensure that relevant mission-affected entities in the
Department are made aware of the theft or possible theft and,
as damage assessment and mitigation proceeds, are kept
apprised of the extent of the data stolen; and
(E) ensure that Department counterintelligence
organizations are--
(i) fully integrated with any damage assessment team
assigned to the breach;
(ii) fully informed of the data that have or potentially
have been stolen and the effect of such theft; and
(iii) provided resources and tasked, in conjunction with
subject matter experts and responsible authorities, to
immediately and appropriately respond, including through the
development and execution of relevant countermeasures, to any
breach involving espionage and data theft; or
(2) is in the possession of or under controls or
restrictions imposed by the Federal Bureau of Investigation,
or a national counterintelligence or intelligence
organization, the Secretary shall determine, jointly with the
Director of the Federal Bureau of Investigation or the
Director of National Intelligence, as appropriate, the most
expeditious process, means, and conditions for carrying out
the activities otherwise required by paragraph (1).
(b) Recommendations.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees such recommendations as
the Secretary may have for legislative or administrative
action to address such barriers that may be inhibiting the
implementation of this section.
SEC. 1647. USE OF NATIONAL SECURITY AGENCY CYBERSECURITY
EXPERTISE TO SUPPORT EVALUATION OF COMMERCIAL
CYBERSECURITY PRODUCTS.
(a) Advisory Mission.--The National Security Agency shall,
as a mission in its role in securing the information systems
of the Department of Defense, advise and assist the
Department of Defense in its evaluation and adoption of
cybersecurity products and services from industry, especially
the commercial cybersecurity sector.
(b) Program to Improve Acquisition of Cybersecurity
Products and Services.--
(1) Establishment.--Consistent with subsection (a), the
Director of the National Security Agency shall establish a
permanent program consisting of market research, testing, and
expertise transmission, or augments to existing programs, to
improve the evaluation by the Department of Defense of
cybersecurity products and services.
(2) Requirements.--Under the program established pursuant
to paragraph (1), the Director shall, independently and at
the request of the components of the Department of Defense--
(A) test and evaluate commercially available cybersecurity
products and services using--
(i) generally known cyber operations techniques; and
(ii) tools and cyber operations techniques and advanced
tools and techniques available to the National Security
Agency;
(B) develop and establish standard procedures, techniques,
and threat-informed metrics to perform the testing and
evaluation required by subparagraph (A); and
(C) advise the Chief Information Officer and the components
of the Department of Defense on the merits and disadvantages
of evaluated cybersecurity products, including with respect
to--
(i) any synergies between products;
(ii) value;
(iii) matters relating to operation and maintenance; and
(iv) matters relating to customization requirements.
(3) Limitations.--The program established under paragraph
(1) may not--
(A) by used to accredit cybersecurity products and services
for use by the Department;
(B) create approved products lists; or
(C) be used for the procurement and fielding of
cybersecurity products on behalf of the Department.
SEC. 1648. FRAMEWORK TO ENHANCE CYBERSECURITY OF THE UNITED
STATES DEFENSE INDUSTRIAL BASE.
(a) Framework Required.--Not later than February 1, 2020,
the Secretary of Defense shall develop a consistent,
comprehensive framework to enhance cybersecurity for the
United States defense industrial base.
(b) Elements.--The framework developed pursuant to
subsection (a) shall include the following:
(1) Identification of unified cybersecurity standards,
regulations, metrics, ratings, third-party certifications, or
requirements to be imposed on the defense industrial base for
the purpose of assessing the cybersecurity of individual
contractors.
(2) Roles and responsibilities of the Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary
of Defense for Intelligence and Security, the Chief
Information Officer, the Director of the Protecting Critical
Technologies Task Force, and the Secretaries of the military
departments relating to the following:
(A) Establishing and ensuring compliance with cybersecurity
standards, regulations, and policies.
(B) Deconflicting existing cybersecurity standards,
regulations, and policies.
(C) Coordinating with and providing assistance to the
defense industrial base for cybersecurity matters,
particularly as relates to the programs and processes
described in paragraphs (8) and (9).
[[Page H9545]]
(D) Management and oversight of the acquisition process,
including responsibility determination, solicitation, award,
and contractor management, relating to cybersecurity
standards, regulations, metrics, ratings, third-party
certifications, or requirements.
(3) The responsibilities of the prime contractors, and all
subcontractors in the supply chain, for implementing the
required cybersecurity standards, regulations, metrics,
ratings, third-party certifications, and requirements
identified under paragraph (1).
(4) Definitions for ``Controlled Unclassified Information''
(CUI) and ``For Official Use Only'' (FOUO), as well as
policies regarding protecting information designated as
either of such.
(5) Methods and programs for managing controlled
unclassified information, and for limiting the presence of
unnecessary sensitive information on contractor networks.
(6) A plan to provide implementation guidance, education,
manuals, and, as necessary, direct technical support or
assistance, to contractors on matters relating to
cybersecurity.
(7) Quantitative metrics for assessing the effectiveness of
the overall framework over time, with respect to the
exfiltration of controlled unclassified information from the
defense industrial base.
(8) A comprehensive list of current and planned Department
of Defense programs to assist the defense industrial base
with cybersecurity compliance requirements of the Department,
including those programs that provide training, expertise,
and funding, and maintain approved security products lists
and approved providers lists.
(9) Processes for enhanced threat information sharing
between the Department of Defense and the defense industrial
base.
(c) Matters for Consideration.--In developing the framework
pursuant to subsection (a), the Secretary shall consider the
following:
(1) Designating an official to be responsible for the
cybersecurity of the defense industrial base.
(2) Risk-based methodologies, standards, metrics, and
tiered cybersecurity requirements for the defense industrial
base, including third-party certifications such as the
Cybersecurity Maturity Model Certification pilot program, as
the basis for a mandatory Department standard.
(3) Tailoring cybersecurity requirements for small- and
medium-sized contractors based on a risk-based approach.
(4) Ensuring a consistent approach across the Department to
cybersecurity standards, regulations, metrics, ratings,
third-party certifications, or requirements of the defense
industrial base.
(5) Ensuring the Department's traceability and visibility
of cybersecurity compliance of suppliers to all levels of the
supply chain.
(6) Evaluating incentives and penalties for cybersecurity
performance of suppliers.
(7) Integrating cybersecurity and traditional
counterintelligence measures, requirements, and programs.
(8) Establishing a secure software development environment
(DevSecOps) in a cloud environment inside the perimeter of
the Department for contractors to perform their development
work.
(9) Establishing a secure cloud environment through which
contractors may access the data of the Department needed for
their contract work.
(10) An evaluation of the resources and utilization of
Department programs to assist the defense industrial base in
complying with cybersecurity compliance requirements referred
to in subsection (b)(1).
(11) Technological means, operational concepts, reference
architectures, offensive counterintelligence operation
concepts, and plans for operationalization to complicate
adversary espionage, including honeypotting and data
obfuscation.
(12) Implementing enhanced security vulnerability
assessments for contractors working on critical acquisition
programs, technologies, manufacturing capabilities, and
research areas.
(13) Identifying ways to better leverage technology and
employ machine learning or artificial intelligence
capabilities, such as Internet Protocol monitoring and data
integrity capabilities, to be applied to contractor
information systems that host, receive, or transmit
controlled unclassified information.
(14) Developing tools to easily segregate program data to
only allow subcontractors access to their specific
information.
(15) Appropriate communications of threat assessments of
the defense industrial base to the acquisition workforce at
all classification levels.
(16) A single Sector Coordinating Council for the defense
industrial base.
(17) Appropriate communications with the defense industrial
base on the impact of cybersecurity requirements in
contracting and procurement decisions.
(d) Consultation.--In developing the framework required
pursuant to subsection (a), the Secretary shall consult with
the following:
(1) Industry groups representing the defense industrial
base.
(2) Contractors in the defense industrial base.
(3) The Director of the National Institute of Standards and
Technology.
(4) The Secretary of Energy.
(5) The Director of National Intelligence.
(6) Relevant Federal regulatory agencies.
(e) Briefing.--
(1) In general.--Not later than March 11, 2020, the
Secretary of Defense shall provide the congressional defense
committees with a briefing on the framework developed
pursuant to subsection (a).
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of the framework developed pursuant to
subsection (a).
(B) Identification of such pilot programs as the Secretary
considers may be required to improve the cybersecurity of the
defense industrial base.
(C) Implementation timelines and identification of costs.
(D) Such recommendations as the Secretary may have for
legislative action to improve the cybersecurity of the
defense industrial base.
(f) Quarterly Briefings.--
(1) In general.--Not less frequently than once each quarter
after the briefing provided pursuant to subsection (e) until
February 1, 2022, the Secretary of Defense shall brief the
congressional defense committees on the status of development
and implementation of the framework developed pursuant to
subsection (a).
(2) Coordination with other briefings.--Each briefing under
paragraph (1) shall be conducted in conjunction with a
quarterly briefing under section 484(a) of title 10, United
States Code.
(3) Elements.--Each briefing under paragraph (1) shall
include the following:
(A) The current status of the development and
implementation of the framework developed pursuant to
subsection (a).
(B) A description of the efforts undertaken by the
Secretary to evaluate the matters for consideration set forth
in subsection (c).
(C) The current status of any pilot programs the Secretary
is carrying out to develop the framework.
SEC. 1649. REPORT ON CYBERSECURITY TRAINING PROGRAMS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate a report
that accounts for all of the efforts, programs, initiatives,
and investments of the Department of Defense to train
elementary, secondary, and postsecondary students in fields
related to cybersecurity, cyber defense, and cyber
operations. The report shall--
(1) include information on the metrics used to evaluate
such efforts, programs, initiatives, and investments, and
identify overlaps or redundancies across the such efforts,
programs, initiatives, and investments; and
(2) address how the Department leverages such efforts,
programs, initiatives, and investments in the recruitment and
retention of both the civilian and military cyber workforces.
SEC. 1650. NATIONAL SECURITY PRESIDENTIAL MEMORANDUMS
RELATING TO DEPARTMENT OF DEFENSE OPERATIONS IN
CYBERSPACE.
Not later than 30 days after the date of the enactment of
this Act, upon request of the congressional defense
committees, the President shall allow for such committees to
read a copy of all National Security Presidential Memorandums
relating to Department of Defense operations in cyberspace at
an appropriately cleared facility of the requesting
committee's choosing. At the conclusion of such reading, such
documents shall be collected and returned to the President.
SEC. 1651. REORIENTATION OF BIG DATA PLATFORM PROGRAM.
(a) Reorientation of Program.--
(1) In general.--Not later than January 1, 2021, the
Secretary of Defense shall--
(A) reorient the Big Data Platform program as specified in
this section; and
(B) align the reorientation effort under an existing line
of effort of the Cyber Strategy of the Department of Defense.
(2) Oversight of implementation.--The Secretary shall act
through the Principal Cyber Advisor and the supporting Cross
Functional Team in the oversight of the implementation of
paragraph (1).
(b) Common Baseline and Security Classification Scheme.--
(1) In general.--Not later than January 1, 2021, the
Secretary shall establish a common baseline and security
classification scheme for the collection, storage,
processing, querying, analysis, and accessibility of a common
and comprehensive set of metadata from sensors, applications,
appliances, products, and systems deployed across the
Department of Defense Information Network (DODIN) to enable
the discovery, tracking, and remediation of cybersecurity
threats.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) take such actions as the Secretary considers necessary
to standardize deployed infrastructure, including the
Department of Defense's perimeter capabilities at the
Internet Access Points, the Joint Regional Security Stacks,
or other approved solutions, and the routing of data
laterally and vertically from Department of Defense
Information Network segments and tiers, to enable standard
and comprehensive metadata collection;
(B) take such actions as the Secretary considers necessary
to standardize deployed cybersecurity applications, products,
and sensors and the routing of data laterally and vertically
from Department of Defense Information Network segments and
tiers, to enable standard and comprehensive metadata
collection;
(C) develop an enterprise-wide architecture and strategy
for--
(i) where to place sensors or extract data from network
information technology, operational technology, and
cybersecurity appliances, applications, products, and systems
for cybersecurity purposes;
(ii) which metadata data records should be universally sent
to Big Data Platform instances and which metadata data
records, if any, should be locally retained; and
(iii) expeditiously and efficiently transmitting metadata
records to the Big Data Platform instances, including the
acquisition and installation of further data bandwidth;
(D) determine the appropriate number, organization, and
functions of separate Big Data Platform instances, and
whether the Big Data Platform instances that are currently
managed by
[[Page H9546]]
Department of Defense components, including the military
services, should instead be jointly and regionally organized,
or terminated;
(E) determine the appropriate roles of the Defense
Information Systems Agency's Acropolis, United States Cyber
Command's Scarif, and any similar Big Data Platforms as
enterprise-wide real-time cybersecurity situational awareness
capabilities or as complements or replacements for component
level Big Data Platform instances;
(F) ensure that all Big Data Platform instances are
engineered and approved to enable standard access and
expeditious query capabilities by the Unified Platform, the
network defense service providers, and the Cyber Mission
Forces, with centrally managed authentication and
authorization services;
(G) prohibit and remove barriers to information sharing,
distributed query, data analysis, and collaboration across
Big Data Platform instances, such as incompatible interfaces,
interconnection service agreements, and the imposition of
accreditation boundaries;
(H) transition all Big Data Platform instances to a cloud
computing environment in alignment with the cloud strategy of
the Chief Information Officer of the Department of Defense;
(I) consider whether packet capture databases should
continue to be maintained separately from the Big Data
Platform instances, managed at the secret level of
classification, and treated as malware-infected when the
packet data are copies of packets extant in the Department of
Defense Information Network;
(J) in the case that the Secretary decides to sustain the
status quo on packet capture databases, ensure that analysts
operating on or from the Unified Platform, the Big Data
Platform instances, the network defense services providers,
and the Cyber Mission Forces can directly access packets and
query the database; and
(K) consider whether the Joint Artificial Intelligence
Center's cybersecurity artificial intelligence national
mission initiative, and any other similar initiatives, should
include an application for the metadata residing in the Big
Data Platform instances.
(c) Limit on Data and Data Indexing Schema.--The Secretary
shall ensure that the Unified Platform and the Big Data
Platform programs achieve data and data indexing schema
standardization and integration to ensure interoperability,
access, and sharing by and between Big Data Platform and
other data sources and stores.
(d) Analytics and Application Sourcing and Collaboration.--
The Secretary shall ensure that the services, U.S. Cyber
Command, and Defense Information Systems Agency--
(1) seek advanced analytics and applications from
Government and commercial sources that can be executed on the
deployed Big Data Platform architecture; and
(2) collaborate with vendors offering commercial analytics
and applications, including support to refactoring commercial
capabilities to the Government platform where industry can
still own the intellectual property embedded in the analytics
and applications.
(e) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 180 days thereafter until the activities
required by subsection (a)(1) are completed, the Secretary
shall brief the congressional defense committees on the
activities of the Secretary in carrying out subsection (b).
SEC. 1652. ZERO-BASED REVIEW OF DEPARTMENT OF DEFENSE CYBER
AND INFORMATION TECHNOLOGY PERSONNEL.
(a) Review Required.--Not later than January 1, 2021, each
head of a covered department, component, or agency shall--
(1) complete a zero-based review of the cyber and
information technology personnel of the head's covered
department, component, or agency; and
(2) provide the Principal Cyber Advisor, the Chief
Information Officer of the Department of Defense, and the
Under Secretary of Defense for Personnel and Readiness the
findings of the head with respect to the head's covered
department, component, or agency.
(b) Covered Departments, Components, and Agencies.--For
purposes of this section, a covered department, component, or
agency is--
(1) an independent Department of Defense component or
agency;
(2) the Office of the Secretary of Defense;
(3) a component of the Joint Staff;
(4) a military department or an armed force; or
(5) a reserve component of the Armed Forces.
(c) Scope of Review.--As part of a review conducted
pursuant to subsection (a)(1), the head of a covered
department, component, or agency shall, with respect to the
covered department, component, or agency of the head--
(1) assess military, civilian, and contractor positions and
personnel performing cyber and information technology
missions;
(2) determine the roles and functions assigned by reviewing
existing position descriptions and conducting interviews to
quantify the current workload performed by military,
civilian, and contractor workforce;
(3) compare the Department's manning with the manning of
comparable industry organizations;
(4) include evaluation of the utility of cyber- and
information technology-focused missions, positions, and
personnel within such components--
(A) to assess the effectiveness and efficiency of current
activities;
(B) to assess the necessity of increasing, reducing, or
eliminating resources; and
(C) to guide prioritization of investment and funding;
(5) develop recommendations and objectives for
organizational, manning, and equipping change, taking into
account anticipated developments in information technologies,
workload projections, automation and process enhancements,
and Department requirements;
(6) develop a gap analysis, contrasting the current
organization and the objectives developed pursuant to
paragraph (5); and
(7) develop roadmaps of prioritized activities and a
timeline for implementing the activities to close the gaps
identified pursuant to paragraph (6).
(d) Elements.--In carrying out a review pursuant to
subsection (a)(1), the head of a covered department,
component, or agency shall consider the following:
(1) Whether position descriptions and coding designators
for given cybersecurity and information technology roles are
accurate indicators of the work being performed.
(2) Whether the function of any cybersecurity or
information technology position or personnel can be replaced
by acquisition of cybersecurity or information technology
products or automation.
(3) Whether a given component or subcomponent is over- or
under-resourced in terms of personnel, using industry
standards as a benchmark where applicable.
(4) Whether cybersecurity service provider positions and
personnel fit coherently into the enterprise-wide
cybersecurity architecture and with the Department's cyber
protection teams.
(5) Whether the function of any cybersecurity or
information technology position or personnel could be
conducted more efficiently or effectively by enterprise-level
cyber or information technology personnel.
(e) Furnishing Data and Analysis.--
(1) Data and analysis.--In carrying out subsection (a)(2),
each head of a covered department, component, or agency,
shall furnish to the Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary a description of
the analysis that led to the findings submitted under such
subsection and the data used in such analysis.
(2) Certification.--The Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary of Defense shall
jointly review each submittal under subsection (a)(2) and
certify whether the findings and analysis are in compliance
with the requirements of this section.
(f) Recommendations.--After receiving findings submitted by
a head of a covered department, component, or agency pursuant
to paragraph (2) of subsection (a) with respect to a review
conducted by the head pursuant to paragraph (1) of such
subsection, the Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary shall jointly
provide to such head such recommendations as the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary may have for changes in manning or acquisition that
proceed from such review.
(g) Implementation.--The Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary shall jointly
oversee and assist in the implementation of the roadmaps
developed pursuant to subsection (c)(7) and the
recommendations developed pursuant to subsection (f).
(h) In-progress Reviews.--Not later than six months after
the date of the enactment of this Act and not less frequently
than once every six months thereafter until the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary give the briefing required by subsection (i), the
Principal Cyber Advisor, the Chief Information Officer, and
the Under Secretary shall jointly--
(1) conduct in-progress reviews of the status of the
reviews required by subsection (a)(1); and
(2) provide the congressional defense committees with a
briefing on such in-progress reviews.
(i) Final Briefing.--After all of the reviews have been
completed under paragraph (1) of subsection (a), after
receiving all of the findings pursuant to paragraph (2) of
such subsection, and not later than June 1, 2021, the
Principal Cyber Advisor, the Chief Information Officer, and
the Under Secretary shall jointly provide to the
congressional defense committees a briefing on the findings
of the Principal Cyber Advisor, the Chief Information
Officer, and the Under Secretary with respect to such
reviews, including such recommendations as the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary may have for changes to the budget of the
Department as a result of such reviews.
(j) Definition of Zero-based Review.--In this section, the
term ``zero-based review'' means a review in which an
assessment is conducted with each item, position, or person
costed anew, rather than in relation to its size or status in
any previous budget.
SEC. 1653. STUDY ON IMPROVING CYBER CAREER PATHS IN THE NAVY.
(a) Study Required.--Not later than October 1, 2020, the
Secretary of the Navy and the Chief of Naval Operations shall
jointly--
(1) complete a study on methods to improve military and
civilian cyber career paths within the Navy; and
(2) submit to the congressional defense committees a report
on the findings of the Secretary and Chief with respect to
the study completed pursuant to paragraph (1), including all
of the data used in such study.
(b) Elements.--The report submitted pursuant to subsection
(a)(2) shall include the following:
(1) A plan for implementing career paths for civilian and
military personnel tailored to develop expertise in cyber
skill sets, including skill sets appropriate for offensive
and defensive military cyber operations. Such plan should
also evaluate the current Cyber Warfare Engineer career field
for officers, including options for expanding the career
field beyond current plans.
[[Page H9547]]
(2) Suggested changes to the processes that govern the
identification of talent and career progression of the
civilian and military workforce.
(3) A methodology for a cyber workforce assignment policy
that deliberately builds depth and breadth of knowledge
regarding the conduct of cyber operations throughout an
entire career.
(4) Possible enhancements to identifying, recruiting,
training, and retaining the civilian and military cyber
workforce, especially for Interactive On-Net operators and
tool developers.
(5) Recommendations for legislative and administrative
actions to address the findings and recommendations of the
Secretary and the Chief with respect to the study completed
pursuant to subsection (a)(1).
(c) Consultation.--In conducting the study required by
subsection (a)(1), the Secretary and the Chief shall consult
with the following:
(1) The Principal Cyber Advisor of the Department of
Defense.
(2) The Secretary of the Air Force.
(3) The Commander of the United States Cyber Command.
(4) The Air Force Chief of Staff.
(5) The Secretary of the Army.
(6) The Army Chief of Staff.
(7) The Commandant of the Marine Corps.
(8) The Under Secretary of Defense for Personnel and
Readiness.
(9) The Chief Information Officer of the Department of
Defense.
SEC. 1654. ACCREDITATION STANDARDS AND PROCESSES FOR
CYBERSECURITY AND INFORMATION TECHNOLOGY
PRODUCTS AND SERVICES.
(a) Assessment.--Consistent with the responsibilities and
duties outlined in section 142 of title 10, United States
Code, the Chief Information Officer of the Department of
Defense shall conduct an enterprise assessment of
accreditation standards and processes for cybersecurity and
information technology products and services.
(b) Report.--
(1) In general.--Not later than April 1, 2020, the Chief
Information Officer shall submit to the congressional defense
committees a report on the assessment conducted under
subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The findings of the Chief Information Officer with
respect to the assessment conducted under subsection (a).
(B) A description of the modifications proposed or
implemented to accreditation standards and processes arising
out of the assessment.
(C) A description of how the Department will increasingly
automate accreditation processes, pursue agile development,
incorporate machine learning, and foster reciprocity across
authorizing officials.
SEC. 1655. STUDY ON FUTURE CYBER WARFIGHTING CAPABILITIES OF
DEPARTMENT OF DEFENSE.
(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a study on the
future cyber warfighting capabilities of the Department of
Defense.
(b) Participation.--Participants in the study shall include
the following:
(1) Such members of the Board, including members of the
Task Force on Cyber Deterrence of the Board, as the Chairman
of the Board considers appropriate for the study.
(2) Such additional temporary members or contracted support
as the Secretary--
(A) selects from those recommended by the Chairman for
purposes of the study; and
(B) considers to have significant technical, policy, or
military expertise.
(c) Elements.--The study conducted pursuant to subsection
(a) shall include the following:
(1) A technical evaluation of the Joint Cyber Warfighting
Architecture of the Department, especially the Unified
Platform, Joint Cyber Command and Control, and Persistent
Cyber Training Environment, including with respect to the
following:
(A) The suitability of the requirements and, as relevant,
the delivered capability of such architecture to modern cyber
warfighting.
(B) Such requirements or capabilities as may be absent or
underemphasized in such architecture.
(C) The speed of development and acquisition as compared to
mission need.
(D) Identification of potential duplication of efforts
among the programs and concepts evaluated.
(E) The coherence of such architecture with the National
Mission Teams and Combat Mission Teams of the Cyber Mission
Force, as constituted and organized on the day before the
date of the enactment of this Act.
(F) The coherence of such architecture with the Cyber
Protection Teams of the Cyber Mission Force and the
cybersecurity service providers of the Department, as
constituted and organized on the day before the date of the
enactment of this Act.
(G) The coherence of such architecture with the concepts of
persistent engagement and defending forward as incorporated
in the 2018 Department of Defense Cyber Strategy, including
with respect to operational concepts such as consistent spy-
on-spy engagement, securing adversary operating pictures, and
preemptively feeding indicators and warning to defensive
operators.
(2) A technical evaluation of the tool development and
acquisition programs of the Department, including with
respect to the following:
(A) The suitability of planned tool suite and cyber armory
constructs of the United States Cyber Command to modern cyber
warfighting.
(B) The speed of development and acquisition as compared to
mission need.
(C) The resourcing and effectiveness of the internal tool
development of the United States Cyber Command as compared to
the tool development of the National Security Agency.
(D) The resourcing and effectiveness of the internal tool
development of the United States Cyber Command as compared to
its acquisition.
(E) The coherence of such programs with the concepts of
persistent engagement and defending forward as incorporated
in the 2018 Department of Defense Cyber Strategy, including
with respect to operational concepts such as consistent spy-
on-spy engagement, securing adversary operating pictures, and
preemptively feeding indicators and warning to defensive
operators.
(3) An evaluation of the operational planning and targeting
of the United States Cyber Command, including support for
regional combatant commands, and suitability for modern cyber
warfighting.
(4) Development of such recommendations as the Board may
have for legislative or administrative action relating to the
future cyber warfighting capabilities of the Department.
(d) Access to Information.--The Secretary shall provide the
Board with timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a
thorough and independent analysis as required under this
section.
(e) Report.--
(1) Transmittal to secretary.--Not later than November 1,
2021, the Board shall transmit to the Secretary a final
report on the study conducted pursuant to subsection (a).
(2) Transmittal to congress.--Not later than 30 days after
the date on which the Secretary receives the final report
under paragraph (1), the Secretary shall submit to the
congressional defense committees such report and such
comments as the Secretary considers appropriate.
SEC. 1656. STUDY TO DETERMINE THE OPTIMAL STRATEGY FOR
STRUCTURING AND MANNING ELEMENTS OF THE JOINT
FORCE HEADQUARTERS-CYBER ORGANIZATIONS, JOINT
MISSION OPERATIONS CENTERS, AND CYBER
OPERATIONS-INTEGRATED PLANNING ELEMENTS.
(a) Study.--
(1) In general.--The Principal Cyber Advisor of the
Department of Defense shall conduct a study to determine the
optimal strategy for structuring and manning elements of the
following:
(A) Joint Force Headquarters-Cyber organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study conducted under subsection (a)
shall include assessment of the following:
(A) Operational effects on the military services if the
entities listed in subparagraphs (A) through (C) of paragraph
(1) are restructured from organizations that are service
component organizations to joint organizations.
(B) Organizational effects on the military services if the
billets associated with the entities listed in subparagraphs
(A) through (C) of paragraph (1) are transferred to United
States Cyber Command and designated as joint billets for
joint qualification purposes.
(C) Operational and organizational effects on the military
services, United States Cyber Command, other combatant
commands, and the Joint Staff if the entities listed in
subparagraphs (A) through (D) of paragraph (1) are realigned,
restructured, or consolidated.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Principal Cyber Advisor shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the study conducted under
subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall contain the following:
(A) The findings of the Principal Cyber Advisor with
respect to the study conducted under subsection (a).
(B) Details of the operational and organizational effects
assessed under subsection (a)(2).
(C) A plan to carry out the transfer described in
subsection (a)(2)(B) and the associated costs, as
appropriate.
(D) A plan to realign, restructure, or consolidate the
entities listed in subparagraphs (A) through (D) of
subsection (a)(1).
(E) Such other matters as the Principal Cyber Advisor
considers appropriate.
SEC. 1657. CYBER GOVERNANCE STRUCTURES AND PRINCIPAL CYBER
ADVISORS ON MILITARY CYBER FORCE MATTERS.
(a) Designation.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, each of the secretaries of the
military departments, in consultation with the service
chiefs, shall appoint an independent Principal Cyber Advisor
for each service to act as the principal advisor to the
relevant secretary on all cyber matters affecting that
military service.
(2) Nature of position.--Each Principal Cyber Advisor
position under paragraph (1) shall--
(A) be a senior civilian leadership position, filled by a
senior member of the Senior Executive Service, not lower than
the equivalent of a 3-star general officer, or by exception a
comparable military officer with extensive cyber experience;
(B) exclusively occupy the Principal Cyber Advisor position
and not assume any other position or responsibility in the
relevant military department;
[[Page H9548]]
(C) be independent of the relevant service's chief
information officer; and
(D) report directly to and advise the secretary of the
relevant military department and advise the relevant
service's senior uniformed officer.
(3) Notification.--Each of the secretaries of the military
departments shall notify the Committees on Armed Services of
the Senate and House of Representatives of his or her
Principal Cyber Advisor appointment. In the case that the
appointee is a military officer, the notification shall
include a justification for the selection and an explanation
of the appointee's ability to execute the responsibilities of
the Principal Cyber Advisor.
(b) Responsibilities of Principal Cyber Advisors.--Each
Principal Cyber Advisor under subsection (a) shall be
responsible for advising both the secretary of the relevant
military department and the senior uniformed military officer
of the relevant military service and implementing the
Department of Defense Cyber Strategy within the service by
coordinating and overseeing the execution of the service's
policies and programs relevant to the following:
(1) The recruitment, resourcing, and training of military
cyberspace operations forces, assessment of these forces
against standardized readiness metrics, and maintenance of
these forces at standardized readiness levels.
(2) Acquisition of offensive, defensive, and Department of
Defense Information Networks cyber capabilities for military
cyberspace operations.
(3) Cybersecurity management and operations.
(4) Acquisition of cybersecurity tools and capabilities,
including those used by cybersecurity service providers.
(5) Evaluating, improving, and enforcing a culture of
cybersecurity warfighting and accountability for
cybersecurity and cyberspace operations.
(6) Cybersecurity and related supply chain risk management
of the industrial base.
(7) Cybersecurity of Department of Defense information
systems, information technology services, and weapon systems,
including the incorporation of cybersecurity threat
information as part of secure development processes,
cybersecurity testing, and the mitigation of cybersecurity
risks.
(c) Coordination.--To ensure service compliance with the
Department of Defense Cyber Strategy, each Principal Cyber
Advisor under subsection (a) shall work in close coordination
with the following:
(1) Service chief information officers.
(2) Service cyber component commanders.
(3) Principal Cyber Advisor to the Secretary of Defense.
(4) Department of Defense Chief Information Officer.
(5) Defense Digital Service.
(d) Budget Certification Authority.--
(1) In general.--Each of the secretaries of the military
departments shall require service components with
responsibilities associated with cyberspace operations
forces, offensive or defensive cyberspace operations and
capabilities, and cyberspace issues relevant to the duties
specified in subsection (b) to transmit the proposed budget
for such responsibilities for a fiscal year and for the
period covered by the future-years defense program submitted
to Congress under section 221 of title 10, United States
Code, for that fiscal year to the relevant service's
Principal Cyber Advisor for review under subparagraph (B)
before submitting the proposed budget to the department's
comptroller.
(2) Review.--Each Principal Cyber Advisor under subsection
(a)(1) shall review each proposed budget transmitted under
paragraph (1) and submit to the secretary of the relevant
military department a report containing the comments of the
Principal Cyber Advisor with respect to all such proposed
budgets, together with the certification of the Principal
Cyber Advisor regarding whether each proposed budget is
adequate.
(3) Report.--Not later than March 31 of each year, each of
the secretaries of the military departments shall submit to
the congressional defense committees a report specifying each
proposed budget for the subsequent fiscal year contained in
the most-recent report submitted under paragraph (2) that the
Principal Cyber Advisor did not certify to be adequate. The
report of the secretary shall include a discussion of the
actions that the secretary took or proposes to take, together
with any additional comments that the Secretary considers
appropriate regarding the adequacy or inadequacy of the
proposed budgets.
(e) Principal Cyber Advisors' Briefing to Congress.--Not
later than February 1, 2021, and biannually thereafter, each
Principal Cyber Advisor under subsection (a) shall brief the
Committees on Armed Services of the Senate and House of
Representatives on that Advisor's activities and ability to
perform the functions specified in subsection (b).
(f) Review of Current Responsibilities.--
(1) In general.--Not later than January 1, 2021, each of
the secretaries of the military departments shall review the
relevant military department's current governance model for
cybersecurity with respect to current authorities and
responsibilities.
(2) Elements.--Each review under paragraph (1) shall
include the following:
(A) An assessment of whether additional changes beyond the
appointment of a Principal Cyber Advisor pursuant to
subsection (a) are required.
(B) Consideration of whether the current governance
structure and assignment of authorities--
(i) enable effective governance;
(ii) enable effective Chief Information Officer and Chief
Information Security Officer action;
(iii) are adequately consolidated so that the authority and
responsibility for cybersecurity risk management are clear
and at an appropriate level of seniority;
(iv) provide authority to a single individual to certify
compliance of Department of Defense information systems and
information technology services with all current
cybersecurity standards; and
(v) support efficient coordination across the military
services, the Office of the Secretary of Defense, the Defense
Information Systems Agency, and United States Cyber Command.
(3) Briefing.--Not later than October 1, 2020, each of the
secretaries of the military departments shall brief the
Committees on Armed Services of the Senate and House of
Representatives on the findings of the Secretary with respect
to the review conducted by the Secretary pursuant to
paragraph (1).
SEC. 1658. DESIGNATION OF TEST NETWORKS FOR TESTING AND
ACCREDITATION OF CYBERSECURITY PRODUCTS AND
SERVICES.
(a) Designation.--Not later than April 1, 2020, the
Secretary of Defense shall designate, for use by the Defense
Information Systems Agency and such other components of the
Department of Defense as the Secretary considers appropriate,
three test networks for the testing and accreditation of
cybersecurity products and services.
(b) Requirements.--The networks designated under subsection
(a) shall--
(1) be of sufficient scale to realistically test
cybersecurity products and services;
(2) feature substantially different architectures and
configurations;
(3) be live, operational networks; and
(4) feature cybersecurity processes, tools, and
technologies that are appropriate for test purposes and
representative of the processes, tools, and technologies that
are widely used throughout the Department.
(c) Access.--Upon request, information generated in the
testing and accreditation of cybersecurity products and
services shall be made available to the Office of the
Director, Operational Test and Evaluation.
SEC. 1659. CONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF
DEFENSE ON CYBERSECURITY MATTERS.
(a) Establishment and Function.--The Secretary of Defense
shall establish one or more consortia of universities to
assist the Secretary on cybersecurity matters relating to the
following:
(1) To provide the Secretary a formal mechanism to
communicate with consortium or consortia members regarding
the Department of Defense's cybersecurity strategic plans,
cybersecurity requirements, and priorities for basic and
applied cybersecurity research.
(2) To advise the Secretary on the needs of academic
institutions related to cybersecurity and research conducted
on behalf of the Department and provide feedback to the
Secretary from members of the consortium or consortia.
(3) To serve as a focal point or focal points for the
Secretary and the Department for the academic community on
matters related to cybersecurity, cybersecurity research,
conceptual and academic developments in cybersecurity, and
opportunities for closer collaboration between academia and
the Department.
(4) To provide to the Secretary access to the expertise of
the institutions of the consortium or consortia on matters
relating to cybersecurity.
(5) To align the efforts of such members in support of the
Department.
(b) Membership.--The consortium or consortia established
under subsection (a) shall be open to all universities that
have been designated as centers of academic excellence by the
Director of the National Security Agency or the Secretary of
Homeland Security.
(c) Organization.--
(1) Designation of administrative chair and terms.--For
each consortium established under subsection (a), the
Secretary of Defense, based on recommendations from the
members of the consortium, shall designate one member of the
consortium to function as an administrative chair of the
consortium for a term with a specific duration specified by
the Secretary.
(2) Subsequent terms.--No member of a consortium designated
under paragraph (1) may serve as the administrative chair of
that consortium for two consecutive terms.
(3) Duties of administrative chair.--Each administrative
chair designated under paragraph (1) for a consortium shall--
(A) act as the leader of the consortium for the term
specified by the Secretary under paragraph (1);
(B) be the liaison between the consortium and the
Secretary;
(C) distribute requests from the Secretary for advice and
assistance to appropriate members of the consortium and
coordinate responses back to the Secretary; and
(D) act as a clearinghouse for Department of Defense
requests relating to assistance on matters relating to
cybersecurity and to provide feedback to the Secretary from
members of the consortium.
(4) Executive committee.--For each consortium, the
Secretary, in consultation with the administrative chair, may
form an executive committee comprised of university
representatives to assist the chair with the management and
functions of the consortia. Executive committee institutions
may not serve consecutive terms before all other consortium
institutions have been afforded the opportunity to hold the
position.
(d) Consultation.--The Secretary, or a senior level
designee, shall meet with each consortium not less frequently
than twice per year, or at a periodicity agreed to between
the Department and each such consortium.
(e) Procedures.--The Secretary shall establish procedures
for organizations within the Department to access the work
product produced by and the research, capabilities, and
expertise of a consortium established under subsection (a)
[[Page H9549]]
and the universities that constitute such consortium.
SEC. 1660. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER
RED TEAM CAPABILITIES, CAPACITY, DEMAND, AND
REQUIREMENTS.
(a) Joint Assessment Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in coordination with the Chief Information
Officer of the Department of Defense, Principal Cyber
Advisor, and the Director of Operational Test and
Evaluation--
(1) conduct a joint assessment of Department cyber red team
capabilities, capacity, demand, and future requirements that
affect the Department's ability to develop, test, and
maintain secure systems in a cyber environment; and
(2) brief the congressional defense committees on the
results of the joint assessment.
(b) Elements.--The joint assessment required by subsection
(a)(1) shall--
(1) specify demand for cyber red team support for
acquisition and operations;
(2) specify shortfalls in meeting demand and future
requirements, disaggregated by the Department of Defense
component or agency and by military department;
(3) examine funding and retention initiatives to increase
cyber red team capacity to meet demand and future
requirements identified to support the testing, training, and
development communities;
(4) examine the feasibility and benefit of developing and
procuring a common Red Team Integrated Capabilities Stack
that better utilizes increased capacity of cyber ranges and
better models the capabilities and tactics, techniques, and
procedures of adversaries;
(5) examine the establishment of oversight and assessment
metrics for Department cyber red teams;
(6) assess the implementation of common development efforts
for tools, techniques, and training;
(7) assess potential industry and academic partnerships and
services;
(8) assess the mechanisms and procedures in place to
deconflict red-team activities and defensive cyber operations
on active networks;
(9) assess the use of Department cyber personnel in
training as red team support;
(10) assess the use of industry and academic partners and
contractors as red team support and the cost- and resource-
effectiveness of such support; and
(11) assess the need for permanent, high-end dedicated red-
teaming activities to model sophisticated adversaries'
attacking critical Department systems and infrastructure.
Subtitle D--Nuclear Forces
SEC. 1661. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF
THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
Section 171a of title 10, United States Code, is amended by
striking ``, Technology, and Logistics'' each place it
appears and inserting ``and Sustainment''.
SEC. 1662. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR
COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.
(a) Duties and Powers of Under Secretary of Defense for
Acquisition and Sustainment.--Section 133b(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) establishing policies for, and providing oversight,
guidance, and coordination with respect to, the nuclear
command, control, and communications system;''; and
(3) in paragraph (6), as redesignated by paragraph (1), by
inserting after ``overseeing the modernization of nuclear
forces'' the following: ``, including the nuclear command,
control, and communications system,''.
(b) Duties and Responsibilities of Chief Information
Officer.--Section 142(b)(1) of such title is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H), respectively.
SEC. 1663. BRIEFINGS ON MEETINGS HELD BY NUCLEAR WEAPONS
COUNCIL.
Section 179 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Semiannual Briefings.--(1) Not later than February 1
and August 1 of each year, the Council shall provide to the
congressional defense committees a briefing on, with respect
to the six-month period preceding the briefing--
``(A) the dates on which the Council met; and
``(B) except as provided by paragraph (2), a summary of any
decisions made by the Council pursuant to subsection (d) at
each such meeting and the rationale for and options that
informed such decisions.
``(2) The Council shall not be required to include in a
briefing under paragraph (1) the matters described in
subparagraph (B) of that paragraph with respect to decisions
of the Council relating to the budget of the President for a
fiscal year if the budget for that fiscal year has not been
submitted to Congress under section 1105 of title 31 as of
the date of the briefing.''.
SEC. 1664. CONSIDERATION OF BUDGET MATTERS AT MEETINGS OF
NUCLEAR WEAPONS COUNCIL.
(a) Attendance.--
(1) Requirement.--Except as provided by subsection (b),
each official described in paragraph (2) shall attend the
meetings of the Nuclear Weapons Council established by
section 179 of title 10, United States Code, and the meetings
of the Standing and Safety Committee of the Council, or such
a successor committee. Each such official shall attend such
meetings as advisors on matters within the authority and
expertise of the official.
(2) Officials described.--The officials described in this
paragraph are each of the following officials (or the
designees of the officials):
(A) The Director of Cost Assessment and Program Evaluation
of the Department of Defense.
(B) The Director of the Office of Management and Budget of
the National Nuclear Security Administration.
(C) The Director for Cost Estimating and Program Evaluation
of the National Nuclear Security Administration.
(D) The Director of the Office of Management and Budget.
(b) Exception.--On a case-by-case basis, the Chairman of
the Nuclear Weapons Council, without delegation, may exclude
the attendance of an official at a meeting pursuant to
subsection (a) because of specific requirements relating to
classified information or other exigent circumstances as
determined by the Chairman.
SEC. 1665. IMPROVEMENT TO ANNUAL REPORT ON THE MODERNIZATION
OF THE NUCLEAR WEAPONS ENTERPRISE.
(a) Extension.--Subsection (a) of section 1043 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1576), as most recently amended
by section 1670 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2157), is further amended in paragraph (1) by
striking ``2023'' and inserting ``2024''.
(b) Acquisition Costs.--Subsection (b)(1) of such section
is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting the following: ``, including an estimate of the
acquisition costs during such period for programs relating to
such life extension, modernization, or replacement;'';
(2) in subparagraph (C), by striking the end period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) an estimate of the relative percentage of total
acquisition costs of the military departments and of the
Department of Defense during such period represented by the
acquisition costs estimated under subparagraph (B).''.
(c) Transfer of Provision.--
(1) Codification.--Such section 1043, as amended by
subsections (a) and (b), is--
(A) transferred to chapter 24 of title 10, United States
Code;
(B) inserted after section 492;
(C) redesignated as section 492a; and
(D) amended--
(i) in the enumerator, by striking ``sec.'' and inserting
``Sec. ''; and
(ii) in the section heading--
(I) by striking the period at the end; and
(II) by conforming the typeface and typestyle, including
capitalization, to the typeface and typestyle as used in the
section heading of section 491 of such title.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 24 of title 10, United States Code, is
amended by inserting after the item relating to section 492
the following new item:
``492a. Annual report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control
system.''.
SEC. 1666. EXPANSION OF OFFICIALS REQUIRED TO CONDUCT
BIENNIAL ASSESSMENTS OF DELIVERY PLATFORMS FOR
NUCLEAR WEAPONS AND NUCLEAR COMMAND AND CONTROL
SYSTEM.
Section 492(d) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the Commander of the United States Air Forces in
Europe.''.
SEC. 1667. EXTENSION OF ANNUAL BRIEFING ON COSTS OF FORWARD-
DEPLOYING NUCLEAR WEAPONS IN EUROPE.
Section 1656(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1124) is
amended by striking ``2021'' and inserting ``2024''.
SEC. 1668. ELIMINATION OF CONVENTIONAL REQUIREMENT FOR LONG-
RANGE STANDOFF WEAPON.
Subsection (a) of section 217 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 706), as amended by section 1662 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 2152), is amended to read
as follows:
``(a) Long-range Standoff Weapon.--The Secretary of the Air
Force shall develop a follow-on air-launched cruise missile
to the AGM-86 that--
``(1) achieves initial operating capability for nuclear
missions prior to the retirement of the nuclear-armed AGM-86;
and
``(2) is capable of internal carriage and employment for
nuclear missions on the next-generation long-range strike
bomber.''.
SEC. 1669. BRIEFING ON LONG-RANGE STANDOFF WEAPON AND SEA-
LAUNCHED CRUISE MISSILE.
Not later than 90 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Administrator for
Nuclear Security, shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on potential opportunities--
(1) to increase commonality between the long-range standoff
weapon and the sea-launched cruise missile; and
[[Page H9550]]
(2) to leverage, in the development of the sea-launched
cruise missile, technologies developed, or under development
as of the date of the briefing, as part of the long-range
standoff weapon program.
SEC. 1670. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR MOBILE VARIANT OF GROUND-BASED STRATEGIC
DETERRENT MISSILE.
Section 1664 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2615), as
most recently amended by section 1666 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2155), is further amended by
striking ``for any of fiscal years 2017 through 2020'' and
inserting ``for any of fiscal years 2017 through 2024''.
SEC. 1671. REPORTS ON DEVELOPMENT OF GROUND-BASED STRATEGIC
DETERRENT WEAPON.
(a) Annual Report Required.--Not later than February 15,
2020, and annually thereafter until the date on which the
ground-based strategic deterrent weapon receives Milestone C
approval (as defined in section 2366 of title 10, United
States Code), the Secretary of the Air Force, in coordination
with the Administrator for Nuclear Security and the Chairman
of the Nuclear Weapons Council established by section 179 of
title 10, United States Code, shall submit to the
congressional defense committees a report describing the
joint development of the ground-based strategic deterrent
weapon, including the missile developed by the Air Force and
the W87-1 warhead modification program conducted by the
National Nuclear Security Administration.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the date on which the ground-based
strategic deterrent weapon will reach initial operating
capability.
(2) A description of any development milestones for the
missile developed by the Air Force or the warhead developed
by the National Nuclear Security Administration that depend
on corresponding progress at the other agency.
(3) A description of coordination efforts between the Air
Force and the National Nuclear Security Administration during
the year preceding submission of the report.
(4) A description of any schedule delays projected by the
Air Force or the National Nuclear Security Administration,
including delays related to infrastructure capacity and
subcomponent production, associated costs, and the
anticipated effect such delays would have on the schedule of
work of the other agency.
(5) Plans to mitigate the effects of any delays described
in paragraph (4).
(c) Additional Report.--If the Air Force receives only one
bid for the engineering and manufacturing development phase
of the ground-based strategic deterrent program, the
Secretary shall, not later than 60 days after awarding a
contract for that phase, submit to the congressional defense
committees a report assessing the risks and costs resulting
from receiving only one bid for that phase and plans to
mitigate such risks and costs.
(d) Form.--Each report required by subsection (a) or (c)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 1672. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
for fiscal year 2020 for the Department of Defense may be
obligated or expended for the following, and the Department
may not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1673. INDEPENDENT STUDY ON POLICY OF NO-FIRST-USE OF
NUCLEAR WEAPONS.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally funded research and
development center to conduct a study on the United States
adopting a policy to not use nuclear weapons first.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An assessment of the benefits and risks of adopting a
policy to not use nuclear weapons first to reduce the risk of
miscalculation in a crisis.
(2) An assessment of the views of the allies of the United
States with respect to the United States adopting such a
policy, including whether, and if so how, any concerns
regarding such a policy could be mitigated, including the
value of engaging such allies to offer credible extended
deterrence assurances.
(3) An assessment of which foreign countries have stated or
adopted such a policy, including the credibility of any such
policies and how they affect planning and operations.
(4) An assessment of how adversaries of the United States
might view a declaration of such a policy.
(5) An assessment of the benefits and risks of such a
policy with respect to nuclear nonproliferation.
(6) An assessment of changes in force posture and force
requirements, if any, and costs or savings, that such a
policy would require or allow.
(7) Any other matters the Secretary determines appropriate.
(c) Submission to DOD.--Not later than 240 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary
the study under subsection (a).
(d) Submission to Congress.--
(1) Interim briefing.--Not later than 120 days after the
date of the enactment of this Act, the Secretary shall
provide to the appropriate congressional committees an
interim briefing on the study under subsection (a).
(2) Study.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the study under
subsection (a), without change.
(e) Form.--The study under subsection (a) shall be
submitted under subsections (c) and (d)(2) in unclassified
form, but may include a classified annex.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1674. INDEPENDENT STUDY ON RISKS OF NUCLEAR TERRORISM
AND NUCLEAR WAR.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
enter into an agreement with the National Academy of Sciences
to conduct a study on--
(1) whether a risk assessment framework is applicable to
determining the potential risks of nuclear terrorism and
nuclear war; and
(2) the implications for national security of assumptions
in nuclear policy and doctrine.
(b) Matters Included.--The study under subsection (a)
shall--
(1) identify risks described in paragraph (1) of that
subsection;
(2) assess prior literature on such risks;
(3) assess the role that quantitative and nonquantitative
analytical methods can play in assessing such risks,
including the limitations of such analysis;
(4) identify and examine the assumptions about nuclear
risks that underlie the national security strategy of the
United States; and
(5) describe the consequences of the methods and
assumptions that have been, are, or could be used in
developing the nuclear security strategy of the United
States.
(c) Recommendations.--Based on findings under subsection
(b), the study may provide recommendations with respect to
improving the use of a risk assessment framework described in
subsection (a)(1).
(d) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the study under subsection
(a), without change.
(e) Form.--The study shall be submitted in unclassified
form, but may include a classified annex.
SEC. 1675. REPORT ON MILITARY-TO-MILITARY DIALOGUE TO REDUCE
RISKS OF MISCALCULATION LEADING TO NUCLEAR WAR.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report containing the following:
(1) A description of--
(A) current discussions between the United States Armed
Forces and military counterparts from governments of foreign
countries to reduce the risks of miscalculation, unintended
consequences, or accidents that could precipitate the use of
one or more nuclear weapons; and
(B) bilateral and multilateral agreements to which the
United States is a party that provide for or facilitate
military-to-military dialogue to address such risks.
(2) An assessment of the extent to which, if any, that
military-to-military dialogue to reduce such risks is
consistent with or supportive of other efforts conducted
between the United States Government and foreign governments,
or between nongovernmental organizations and foreign
counterparts, to reduce such risks.
(3) An assessment conducted jointly by the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff, and in
consultation with the Director of National Intelligence--
(A) on the risks and benefits of establishing, in addition
to the discussions described in paragraph (1)(A), military-
to-military discussions with the Russian Federation, Iran,
the People's Republic of China, and North Korea to address
the risks described in that paragraph, including with respect
to policy, cost, and operational matters; and
(B) of the willingness of the governments of those
countries to engage in such discussions.
SEC. 1676. REPORT ON NUCLEAR FORCES OF THE UNITED STATES AND
NEAR-PEER COUNTRIES.
(a) Report.--Not later than February 15, 2020, the
Secretary of Defense, in coordination with the Director of
National Intelligence, shall submit to the appropriate
committees of Congress a report on the nuclear forces of the
United States and near-peer countries.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the current and planned nuclear
systems of the United States, including with respect to
research and development timelines, deployment timelines, and
force size.
(2) An assessment of the current and planned nuclear
systems of the People's Republic of China, including with
respect to research and development timelines, deployment
timelines, and force size.
[[Page H9551]]
(3) An assessment of the current and planned nuclear
systems of the Russian Federation, including with respect to
research and development timelines, deployment timelines, and
force size, including--
(A) deployed nuclear weapons not covered by the New START
Treaty;
(B) nuclear weapons in development that would not be
covered by the New START Treaty; and
(C) strategic nuclear weapons that are not deployed.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed at Prague
April 8, 2010, and entered into force February 5, 2011.
SEC. 1677. REPORT ON OPERATION OF CONVENTIONAL FORCES OF
MILITARY DEPARTMENTS UNDER EMPLOYMENT OR THREAT
OF EMPLOYMENT OF NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of the Air Force, the
Secretary of the Army, and the Secretary of the Navy, shall
submit to the congressional defense committees a report
detailing the views of each such Secretary on the ability of
conventional forces under the authority of that Secretary to
operate effectively under employment or threat of employment
of nuclear weapons by the United States, an ally of the
United States, or an adversary of the United States,
including with respect to--
(1) measures taken to maximize the likelihood that such
forces could continue to operate;
(2) risks or gaps in the capabilities of such forces that
would result from the employment or threat of employment of
nuclear weapons; and
(3) how the capabilities and limitations of such forces
would impact decisions to continue or terminate operations.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
SEC. 1678. REPORT ON OPERATION OF CONVENTIONAL FORCES OF
CERTAIN COMBATANT COMMANDS UNDER EMPLOYMENT OR
THREAT OF EMPLOYMENT OF NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Chairman of the Joint Chiefs
of Staff, in coordination with the Commander of the United
States European Command, the Commander of the United States
Indo-Pacific Command, and the Commander of the United States
Strategic Command, shall submit to the congressional defense
committees a report detailing the views of the Chairman and
each such Commander on the ability of conventional forces
under the authority of that Commander to execute contingency
plans under employment or threat of employment of nuclear
weapons by the United States, an ally of the United States,
or an adversary of the United States, including with respect
to--
(1) measures taken to maximize the likelihood that such
forces could continue to operate;
(2) risks or gaps in the capabilities of such forces that
would result from the employment or threat of employment of
nuclear weapons; and
(3) how the capabilities and limitations of such forces
would impact decisions to continue or terminate operations.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
SEC. 1679. BRIEFINGS ON PLAN FOR FUTURE-SYSTEMS-LEVEL
ARCHITECTURE OF NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEMS.
(a) In General.--Not later than February 15, 2020, and
every 180 days thereafter through fiscal year 2025, the
Commander of the United States Strategic Command, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall provide to the
congressional defense committees a briefing on the plan of
the Department of Defense for the future-systems-level
architecture of the nuclear command, control, and
communications systems.
(b) Elements.--Each briefing required by subsection (a)
shall address the following:
(1) Near- and long-term plans and options considered as of
the date of the briefing in determining the future-systems-
level architecture of the nuclear command, control, and
communications systems, including options to maximize
resilience of such systems.
(2) Requirements, including with respect to cybersecurity,
survivability, and reliability, including levels of
redundancy.
(3) The risks and benefits of replicating the legacy
architecture for such systems.
(4) The risks and benefits of using different architectures
for such systems, including using hosted payloads in space
payloads.
(5) Security considerations for such systems, including
classification and requirements and plans to ensure supply
chain security.
(6) Classification options and decisions with respect to
such architecture and systems to deter attacks on such
systems.
(7) Timelines and general cost estimates for long-term
investments in such systems, to the extent possible at the
time of the briefing.
(8) Risks and benefits of pursuing agreements with
adversaries of the United States, including potential
agreements not to target nuclear command, control, and
communications systems through kinetic, nonkinetic, or cyber
attacks.
(9) Required levels of civilian and military staffing
within the United States Strategic Command, the Office of the
Secretary of Defense, and any other relevant component of the
Department of Defense to evaluate or execute such
architecture, and an estimate of when such levels of staffing
will be achieved.
(10) Any other matters the Secretary considers appropriate.
SEC. 1680. SENSE OF CONGRESS ON NUCLEAR DETERRENCE
COMMITMENTS OF THE UNITED STATES.
It is the sense of Congress that--
(1) credible extended deterrence commitments make key
contributions to the security of the United States,
international stability, and the nonproliferation objectives
of the United States;
(2) the nuclear forces of the United States, as well as the
independent nuclear forces of other members of the North
Atlantic Treaty Organization (in this section referred to as
``NATO''), continue to play a critical role in the security
of the NATO alliance;
(3) United States forward-deployed nuclear weapons and
dual-capable aircraft in Europe contribute to the assurance
of allies of the United States of the commitment of the
United States to their security and to the deterrence and
defense posture of NATO; and
(4) nuclear-certified F-35A aircraft will provide the most
advanced nuclear fighter capability in the current and future
anti-access area denial environments.
Subtitle E--Missile Defense Programs
SEC. 1681. NATIONAL MISSILE DEFENSE POLICY.
(a) Policy.--Subsection (a) of section 1681 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 2431 note) is amended to read as follows:
``(a) Policy.--It is the policy of the United States to--
``(1) maintain and improve, with funding subject to the
annual authorization of appropriations and the annual
appropriation of funds for National Missile Defense--
``(A) an effective, layered missile defense system capable
of defending the territory of the United States against the
developing and increasingly complex missile threat posed by
rogue states; and
``(B) an effective regional missile defense system capable
of defending the allies, partners, and deployed forces of the
United States against increasingly complex missile threats;
and
``(2) rely on nuclear deterrence to address more
sophisticated and larger quantity near-peer intercontinental
missile threats to the homeland of the United States.''.
(b) Redesignation Requirement.--Not later than the date on
which the President submits to Congress the annual budget
request of the President for fiscal year 2021 pursuant to
section 1105 of title 31, United States Code, the Secretary
of Defense shall, as the Secretary considers appropriate,
redesignate all strategies, policies, programs, and systems
under the jurisdiction of the Secretary to reflect that
missile defense programs of the United States defend against
ballistic, cruise, and hypersonic missiles in all phases of
flight.
SEC. 1682. DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE
INTERCEPT LAYER.
Section 1688 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 1683. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE
TRACKING SPACE SENSOR PAYLOAD.
(a) Development.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2431 note) is amended--
(1) by redesignating subsections (d), (e), (f), (g), and
(h), as subsections (e), (f), (g), (h), and (j),
respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Hypersonic and Ballistic Missile Tracking Space
Sensor Payload.--
``(1) Development.--The Director of the Missile Defense
Agency, in coordination with the Director of the Space
Development Agency and the Secretary of the Air Force, as
appropriate, shall--
``(A) develop a hypersonic and ballistic missile tracking
space sensor payload; and
``(B) include such payload as a component of the sensor
architecture developed under subsection (a).
``(2) Assignment of primary responsibility.--Not later than
30 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, the Secretary
of Defense shall--
``(A) assign the Director of the Missile Defense Agency
with the principal responsibility for the development and
deployment of a hypersonic and ballistic tracking space
sensor payload; and
``(B) submit to the congressional defense committees a
certification of such assignment.''.
(b) Updated Plan.--Such section is further amended by
inserting after subsection (h), as redesignated by subsection
(a), the following new subsection:
``(i) Updated Plan.--Not later than 90 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2020, the Secretary of Defense shall submit
to the appropriate congressional committees an update to the
plan under subsection (h), including with respect to the
following:
``(1) How the Director of the Missile Defense Agency, the
Director of the Defense Advanced
[[Page H9552]]
Research Projects Agency, the Secretary of the Air Force, and
the Director of the Space Development Agency, will each
participate in the development of the sensor architecture
under subsection (a) and the inclusion of the hypersonic and
ballistic missile tracking space sensor payload as a
component of such architecture pursuant to subsection (d),
with respect to both prototype and operational capabilities,
including how each such official will work together to avoid
duplication of efforts.
``(2) How such payload will address the requirement of the
United States Strategic Command for a hypersonic and
ballistic missile tracking space sensing capability.
``(3) The estimated costs (in accordance with subsection
(e)) to develop, acquire, and deploy, and the lifecycle costs
to operate and sustain, the payload under subsection (d) and
include such payload in the sensor architecture developed
under subsection (a).''.
(c) Conforming Amendment.--Subsection (h)(1) of such
section, as redesignated by subsection (a), is amended by
striking ``with subsection (d)'' and inserting ``with
subsection (e)''.
SEC. 1684. MODIFICATIONS TO REQUIRED TESTING BY MISSILE
DEFENSE AGENCY OF GROUND-BASED MIDCOURSE
DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE
SYSTEM.
Section 1689(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631; 10
U.S.C. 2431 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``,
when possible,''; and
(2) in paragraph (3), by inserting ``, including the use of
threat-representative countermeasures'' before the period.
SEC. 1685. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-
DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-Range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2020 for
procurement, Defense-wide, and available for the Missile
Defense Agency, not more than $95,000,000 may be provided to
the Government of Israel to procure components for the Iron
Dome short-range rocket defense system through co-production
of such components in the United States by industry of the
United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Director of the Missile Defense Agency and the Under
Secretary of Defense for Acquisition and Sustainment shall
jointly submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement; and
(ii) an assessment detailing any risks relating to the
implementation of such agreement.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2020 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $50,000,000 may be provided to
the Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Agreement.--Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the
bilateral co-production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States
industry for the David's Sling Weapon System is not less than
50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and production readiness
reviews required by the research, development, and technology
agreement and the bilateral co-production agreement for the
David's Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-Production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2020 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $55,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow
3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for
the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts and
components and procurement;
(iv) a joint affordability working group to consider cost
reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification
under subsection (c)(2) by not later than 30 days before the
funds specified in paragraph (1) of subsections (b) and (c)
for the respective system covered by the certification are
provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1686. LIMITATION ON AVAILABILITY OF FUNDS FOR LOWER TIER
AIR AND MISSILE DEFENSE SENSOR.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Army for the lower tier air and missile defense
sensor, not more than 75 percent may be obligated or expended
until the Secretary of the Army submits the report under
subsection (b).
(b) Report.--The Secretary of the Army shall submit to the
congressional defense committees a report on the test and
demonstration of lower tier air and missile defense sensors
that occurred during the third quarter of fiscal year 2019.
Such report shall include the following:
(1) An explanation of how the test and demonstration was
conducted and what the test and demonstration set out to
achieve, including--
(A) an explanation of the performance specifications used;
and
(B) a description of the emulated threats used in the test
and demonstration and how such threats compare to emerging
regional air and missile threats.
(2) An explanation of the capability of the sensor system
that the Secretary determined to be the winner of the test
and demonstration, including with respect to--
(A) the capability of such sensor system against key
threats and requirements, including whether such sensor
system will be delivered with full 360-degree coverage and
the ability of such sensor system to detect, track, and
surveil targets;
(B) the estimated procurement and life-cycle costs of
operating such sensor system; and
(C) the cost, timeline, and approach that will be used to
integrate the lower tier air and missile defense sensor with
other sensors using the Integrated Air and Missile Defense
Battle Command System.
(3) An explanation of whether future performance
improvements to the lower tier air and missile defense sensor
are conditional on intellectual property and how such
improvements will be made if the United States does not own
such intellectual property.
SEC. 1687. PLAN FOR THE REDESIGNED KILL VEHICLE REPLACEMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the decision by the Department of Defense to terminate
the redesigned kill vehicle contract on August 22, 2019, due
to technological problems encountered during development will
result in a delay to the fielding of an additional 20 ground-
based interceptors at Fort Greely, Alaska, which had been
planned to be emplaced by the end of calendar year 2023;
(2) to ensure that the future next-generation improved
homeland defense interceptor program will deliver the
required capability, have rigorous technical and acquisition
oversight, and maintain schedule milestones, thereby
mitigating the risk of similar issues as experienced with the
redesigned kill vehicle, the acquisition strategy for such
program should be reviewed and jointly approved by both the
Under Secretary of Defense for Research and Engineering
[[Page H9553]]
and the Under Secretary of Defense for Acquisition and
Sustainment, with input by stakeholders across the Department
of Defense prior to proceeding with development efforts and
awarding a contract; and
(3) the Department, including the Missile Defense Agency,
should uphold ``fly before you buy'' principles in such new
acquisition strategy to ensure the overall system and
components have been rigorously flight-tested prior to making
procurement decisions.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Missile Defense Agency for the next-generation
improved homeland defense interceptor, not more than 50
percent may be obligated or expended until the date on which
the Secretary of Defense submits the report under subsection
(c).
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the next-
generation improved homeland defense interceptor program to
replace the redesigned kill vehicle. The report shall include
the following:
(1) Updated threat assessments by the intelligence
community informing system threshold and objective
requirements.
(2) Updated requirements to address current and emerging
threats.
(3) Technical, programmatic, and cost analyses conducted on
courses of action and alternatives to meet capability
requirements, including--
(A) an independent cost estimate for each course of action
considered; and
(B) an evaluation of the technical readiness level of the
overall system and the components for each course of action
considered.
(4) Options considered to address reliability efforts of
the current fleet, understanding known deficiencies, and the
impact of not addressing such efforts and deficiencies until
the delivery of the next-generation improved homeland defense
interceptors.
(5) An obsolescence, refurbishment, and sustainment plan
for all ground-based interceptor silos, including any impacts
to the construction, delivery, and sustainment of missile
field 4 located at Fort Greely, Alaska, taking into account
the delay to emplacing additional interceptors.
(6) Possible opportunities as a result of the impacts
described in paragraph (4) for improvements to missile fields
located at Fort Greely other than missile field 4, including
additional infrastructure or components required, and
estimated schedules and costs for such opportunities.
(7) A determination of the appropriate fleet mix of ground-
based interceptor kill vehicles and boosters to maximize
overall system effectiveness and increase capacity and
capability, including the costs and benefits of continued
inclusion of capability enhancement II block 1 interceptors
after the fielding of the next-generation improved homeland
defense interceptor.
SEC. 1688. ORGANIZATION, AUTHORITIES, AND BILLETS OF THE
MISSILE DEFENSE AGENCY.
(a) Independent Study.--
(1) Assessment.--In accordance with paragraph (2), the
Secretary of Defense shall seek to enter into a contract with
a federally funded research and development center to conduct
a study assessing--
(A) the organization of the Missile Defense Agency under
the Under Secretary of Defense for Research and Engineering
pursuant to section 205(b) of title 10, United States Code;
(B) alternative ways to organize the Agency under other
officials of the Department of Defense, including the Under
Secretary for Acquisition and Sustainment and any other
official of the Department the federally funded research and
development center determines appropriate; and
(C) transitioning the Agency to the standard acquisition
process pursuant to Department of Defense Instruction 5000,
including both the risks and benefits of making such a
transition.
(2) Scope of study.--Before entering into the contract with
a federally funded research and development center to conduct
the study under paragraph (1), the Secretary shall provide to
the congressional defense committees an update on the scope
of such study.
(3) Submission to dod.--Not later than 180 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary
the study conducted under paragraph (1).
(4) Submission to congress.--Not later than 30 days after
the date on which the federally funded research and
development center submits to the Secretary the study under
paragraph (1), the Secretary shall submit to the
congressional defense committees the study, without change.
(b) Notification on Changes to Non-standard Acquisition
Processes and Responsibilities.--
(1) Requirements.--The Secretary may not make any changes
to the missile defense non-standard acquisition processes and
responsibilities described in paragraph (2) until the
Secretary, without delegation--
(A) has consulted with the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense
for Policy, the secretaries of the military departments, the
Chairman of the Joint Chiefs of Staff, the Commander of
United States Strategic Command, the Commander of United
States Northern Command, and the Director of the Missile
Defense Agency;
(B) certifies to the congressional defense committees that
the Secretary has coordinated the changes with and received
the views of the individuals referred to in subparagraph (A);
(C) submits to the congressional defense committees a
report describing the changes, the rationale for the changes,
and the views of the individuals referred to in subparagraph
(A) with respect to such changes; and
(D) a period of 120 days has elapsed following the date on
which the Secretary submits such report.
(2) Non-standard acquisition processes and responsibilities
described.--The non-standard acquisition processes and
responsibilities described in this paragraph are such
processes and responsibilities described in--
(A) the memorandum of the Secretary of Defense titled
``Missile Defense Program Direction'' signed on January 2,
2002;
(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this Act; and
(C) United States Strategic Command Instruction 583-3.
(c) Limitation on Certain Transfers of Billets.--During
fiscal year 2020, the Secretary of Defense may not transfer
civilian or military billets from the Missile Defense Agency
to any element of the Department under the Under Secretary of
Defense for Research and Engineering until, for each such
transfer--
(1) the Secretary notifies the congressional defense
committees of such proposed transfer; and
(2) a period of 90 days has elapsed following the date of
such notification.
SEC. 1689. ANNUAL ASSESSMENT OF BALLISTIC MISSILE DEFENSE
SYSTEM.
(a) Annual Assessment.--As part of the annual report of the
Director of Operational Test and Evaluation submitted to
Congress under section 139 of title 10, United States Code,
the Director shall include an assessment of the ballistic
missile defense system and all of the elements of the system
that have been fielded or are planned, as of the date of the
assessment, including--
(1) the operational effectiveness, suitability, and
survivability of the ballistic missile defense system and the
elements of the system that have been fielded or tested; and
(2) the adequacy and sufficiency of the test program of
such system as of the date of the assessment, including with
respect to the operational realism of the tests.
(b) Form.--Each assessment under subsection (a) may be
submitted in unclassified form, and may include a classified
annex.
SEC. 1690. COMMAND AND CONTROL, BATTLE MANAGEMENT, AND
COMMUNICATIONS PROGRAM.
(a) Limitation on Sale.--The Director of the Missile
Defense Agency may not release the command and control,
battle management, and communications program for export
until the date on which the Director submits the report under
subsection (b).
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report containing the
following:
(1) An explanation of the rationale of the Director for
considering to export the command and control, battle
management, and communications program (or any variants
thereof) in light of the critical role of the program in the
strategic national defense of the United States and the
allies of the United States against ballistic missile attack.
(2) The findings of the market research and analysis
conducted by the Director regarding exportable command and
control solutions for ballistic missile defense, including
such solutions that are internationally available.
SEC. 1691. MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS
UNITED STATES.
(a) Report.--Not later than January 31, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a report on the designation made on June 26, 2019,
of a preferred potential future missile field site in the
contiguous United States from the sites evaluated pursuant to
section 227 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1678). The
report shall address the following:
(1) The environmental impact statement prepared pursuant to
such section 227.
(2) The strategic and operational effectiveness of the
site, including with respect to the location that is the most
advantageous site in providing coverage to the entire
contiguous United States, including having the capability to
provide shoot-assess-shoot coverage to the entire contiguous
United States.
(3) Construction remediation efforts and impacts to the
existing environment at the site.
(4) The existing infrastructure at the site.
(5) The costs to construct, equip, and operate the site.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Rule of Construction.--Nothing in this section may be
construed--
(1) as requiring the Secretary of Defense to begin a
military construction project relating to the missile defense
site in the contiguous United States; or
(2) as a statement that there is any current military
requirement for such a site.
(d) Conforming Repeal.--Section 1681 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1776) is repealed.
SEC. 1692. INDEPENDENT STUDY ON IMPACTS OF MISSILE DEFENSE
DEVELOPMENT AND DEPLOYMENT.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct a study on the impacts of the
development and deployment of homeland missile defenses of
the United States on the security of the United States as a
whole.
[[Page H9554]]
(b) Matters Included.--The study under subsection (a)
shall--
(1) consider whether security benefits obtained by the
deployment of homeland missile defenses of the United States
are undermined or counterbalanced by adverse reactions of
potential adversaries, including both rogue states and near-
peer adversaries; and
(2) consider the effectiveness of the homeland missile
defense efforts of the United States to deter the development
of ballistic missiles, in particular by both rogue states and
near-peer adversaries.
(c) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the study under subsection
(a), without change.
(d) Form.--The study shall be submitted under subsection
(c) in unclassified form, but may include a classified annex.
SEC. 1693. REPORT AND BRIEFING ON MULTI-VOLUME KILL
CAPABILITY.
Not later than 120 days after the date of the enactment of
this Act, the Under Secretary of Defense for Research and
Engineering, in coordination with the Director of the Missile
Defense Agency, the Under Secretary of Defense for
Acquisition and Sustainment, and the Director of Cost
Assessment and Program Evaluation, shall submit to the
congressional defense committees a report, and shall provide
to such committees a briefing, on an assessment of potential
roles for a multi-volume kill capability in a future
architecture of the ballistic missile defense system. Such
report and briefing shall include the following:
(1) An assessment of the current technology readiness level
of necessary components and the technology readiness levels
needed for an operational system.
(2) An assessment of the costs and a comprehensive
development and testing schedule to deploy a multi-volume
kill capability.
(3) A concept of operations with respect to how a multi-
volume kill capability could be employed and how such a
capability compares to single-kill ground-based midcourse
defense system interceptors.
Subtitle F--Other Matters
SEC. 1694. EXTENSION OF AUTHORIZATION FOR PROTECTION OF
CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
(a) In General.--Subsection (i) of section 130i of title
10, United States Code, is amended by striking ``2020'' both
places it appears and inserting ``2023''.
(b) Technical Corrections.--Such section is amended--
(1) in subsection (i)(1), as amended by subsection (a), by
striking ``of subsection (j)(3)'' and inserting ``of
subsection (j)(3)(C)''; and
(2) in subsection (j)(6), by striking ``in'' and all that
follows through the period at the end and inserting ``in
section 44801 of title 49''.
SEC. 1695. REPEAL OF REQUIREMENT FOR COMMISSION ON
ELECTROMAGNETIC PULSE ATTACKS AND SIMILAR
EVENTS.
Section 1691 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1786) is
repealed.
SEC. 1696. REPEAL OF REVIEW REQUIREMENT FOR AMMONIUM
PERCHLORATE REPORT.
Section 1694 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1792) is
amended by striking subsection (d).
SEC. 1697. TRANSFERABILITY OF CONVENTIONAL PROMPT GLOBAL
STRIKE WEAPON SYSTEM TECHNOLOGIES TO SURFACE-
LAUNCHED PLATFORMS.
(a) Surface-launched Technologies.--The Secretary of the
Navy shall ensure that the technologies developed for the
conventional prompt global strike weapon system are
transferrable to a surface-launched platform.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report on the
programmatic changes required to integrate the conventional
prompt global strike weapon system into current or future
surface combatant ships.
SEC. 1698. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN
OFFENSIVE GROUND-LAUNCHED BALLISTIC OR CRUISE
MISSILE SYSTEMS.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Department of Defense may be
obligated or expended for the procurement or deployment of an
offensive ground-launched ballistic or cruise missile system
with a range between 500 and 5,500 kilometers.
(b) Report.--Not later than January 31, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a report, and provide a briefing, that includes
the following:
(1) An evaluation of the capabilities required to execute
contingency plans in the areas of responsibility of the
United States European Command and the United States Indo-
Pacific Command using offensive ground-launched missile
systems of ranges in excess of 500 kilometers.
(2) An evaluation of what types of systems (including the
range and flight profile of such systems), if any, could be
used to meet the required capabilities identified under
paragraph (1).
(3) The results of an analysis of alternatives conducted by
the Chairman of the Joint Chiefs of Staff and the Director of
Cost Assessment and Program Evaluation that considers--
(A) conventional missile systems, including ground-, sea-,
and air-launched missiles, that could be deployed to meet the
required capabilities identified under paragraph (1);
(B) the cost, schedule, and feasibility of tailored
acquisition strategies for each such system considered;
(C) simulations and games that were performed to inform the
analysis of alternatives;
(D) benefits and risks of such different types of systems,
including operational considerations in contested
environments; and
(E) any other operational or programmatic considerations
determined relevant by the Chairman or the Director.
(4) Options for basing any such missile system in, or
deploying any such missile system to, Europe or the Indo-
Pacific region, including any agreements required for such
options and potential timelines to implement such options.
(5) A list of any governments of a foreign country
consulted about such possible deployments, and a summary of
the reaction of each such government.
(6) A discussion of whether deploying such missile systems
on the territory of a NATO ally would require a consensus
decision by NATO.
(c) Form.--The report under subsection (b) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 1699. HARD AND DEEPLY BURIED TARGETS.
(a) Briefing Required.--
(1) In general.--Not later than December 1, 2019, the
Chairman of the Joint Chiefs of Staff shall, in consultation
with the Commander of the United States Strategic Command,
provide to the congressional defense committees a classified
briefing on hard and deeply buried targets.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) An estimate of the total number of high-value hard and
deeply buried targets associated with United States military
operations plans.
(B) A description of the contents, functions, and hardening
characteristics of the targets described in subparagraph (A),
as well as their level of protection by anti-access and area
denial capabilities.
(C) An assessment of the current ability of, and
requirement, cost, and implications for deterrence and
strategic stability for, the United States to hold such
targets at risk using existing conventional and nuclear
capabilities.
(D) An assessment of the potential ability of, and
requirement, cost, and implications for deterrence and
strategic stability for, the United States to hold such
targets at risk using projected conventional and nuclear
capabilities as of 2030.
(b) Plan Required.--Not later than February 15, 2020, the
Secretary of Defense shall develop a plan detailing the
requirement, cost, and implications for deterrence and
strategic stability for the United States to possess by 2025
the capabilities to pose a credible threat against targets
described in the briefing required by subsection (a).
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
Sec. 1701. Modification of annual reporting requirements on defense
manpower.
Sec. 1702. Termination of requirement for submittal to Congress of
certain recurring reports.
Sec. 1703. Modification of annual report on civilian casualties in
connection with United States military operations.
Sec. 1704. Extension of requirement for briefings on the national
biodefense strategy.
Sec. 1705. Authorization of appropriations for title III of the Defense
Production Act of 1950.
Sec. 1706. Report on the Department of Defense plan for mass-casualty
disaster response operations in the Arctic.
Sec. 1707. Transmittal to Congress of requests for assistance from
other departments of the Federal Government that are
approved by the Department of Defense.
Sec. 1708. Report and briefing on implementation of national defense
strategy.
Sec. 1709. Actions to increase analytic support.
Sec. 1710. Inclusion of certain individuals investigated by Inspectors
General in the semiannual report.
Sec. 1711. Annual report on Joint Military Information Support
Operations Web Operations Center.
Sec. 1712. Mobility capability requirements study.
Sec. 1713. Assessment of special operations force structure.
Sec. 1714. Army aviation strategic plan and modernization roadmap.
Sec. 1715. Report on ground-based long-range artillery to counter land
and maritime threats.
Sec. 1716. Independent review of transportation working-capital fund.
Sec. 1717. Geographic command risk assessment of proposed use of
certain aircraft capabilities.
Sec. 1718. Report on backlog of personnel security clearance
adjudications.
Sec. 1719. Report regarding outstanding Government Accountability
Office recommendations.
Sec. 1720. Report on National Guard and United States Northern Command
capacity to meet homeland defense and security incidents.
Sec. 1721. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1722. Report on transfers of equipment to prohibited entities.
Sec. 1723. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities.
Sec. 1724. Review and assessment of mitigation of military helicopter
noise.
Subtitle B--Other Matters
Sec. 1731. Technical, conforming, and clerical amendments.
[[Page H9555]]
Sec. 1732. Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification.
Sec. 1733. Clarification of authority of Inspectors General for
overseas contingency operations.
Sec. 1734. Employment status of annuitants for Inspectors General for
overseas contingency operations.
Sec. 1735. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1736. Exemption from calculation of monthly income, for purposes
of bankruptcy laws, of certain payments from the
Department of Veterans Affairs and the Department of
Defense.
Sec. 1737. Extension of postage stamp for breast cancer research.
Sec. 1738. National Commission on Military Aviation Safety.
Sec. 1739. Guarantee of residency for spouses of members of the
uniformed services.
Sec. 1740. Electromagnetic pulses and geomagnetic disturbances.
Sec. 1741. Improvements to Manufacturing USA Program.
Sec. 1742. Regional innovation program.
Sec. 1743. Aviation workforce development.
Sec. 1744. Oversight of Department of Defense execute orders.
Sec. 1745. Processes and procedures for notifications regarding special
operations forces.
Sec. 1746. Securing American science and technology.
Sec. 1747. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1748. Special Federal Aviation Regulation Working Group.
Sec. 1749. Prohibition on names related to the Confederacy.
Sec. 1750. Support for National Maritime Heritage Grants program.
Sec. 1751. Support for world language advancement and readiness.
Sec. 1752. Designation of Department of Defense strategic Arctic ports.
Sec. 1753. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force
structure .
Sec. 1754. Comprehensive Department of Defense policy on collective
self-defense.
Sec. 1755. Policy regarding the transition of data and applications to
the cloud.
Sec. 1756. Integrated public alert and warning system.
Sec. 1757. Improving quality of information in background investigation
request packages.
Sec. 1758. Parole in place for members of the Armed Forces and certain
military dependents.
Sec. 1759. Report on reducing the backlog in legally required
historical declassification obligations of the Department
of Defense.
Sec. 1760. Military type certification for light attack experimentation
aircraft.
Subtitle A--Studies and Reports
SEC. 1701. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON
DEFENSE MANPOWER.
(a) Conversion of Annual Requirements Report Into Annual
Profile Report.--Section 115a of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking the
first two sentences and inserting the following new sentence:
``Not later than April 1 each year, the Secretary of Defense
shall submit to Congress a defense manpower profile
report.'';
(B) in paragraph (1), by adding ``and'' at the end;
(C) in paragraph (2), by striking ``; and'' and inserting a
period; and
(D) by striking paragraph (3);
(2) in subsection (b)--
(A) by striking ``(1)''; and
(B) by striking paragraphs (2) and (3); and
(3) in subsection (c), by striking ``the following:'' and
all that follows and inserting ``the manpower required for
support and overhead functions within the armed forces and
the Department of Defense.''.
(b) Conversion of Certain Current Report Elements Into
Separate, Modified Reports.--Such section is further
amended--
(1) in subsection (d), by striking ``The Secretary shall
also include in each such report'' and inserting ``Not later
than April 1 each year, the Secretary shall submit to
Congress a report that sets forth''; and
(2) in subsection (e)(1), by striking ``In each such
report, the Secretary shall also include'' and inserting
``Not later than April 1 each year, the Secretary shall
submit to Congress a report that sets forth'';
(3) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``The Secretary shall also include in each such report'' and
inserting ``Not later than June 1 each year, the Secretary
shall submit to Congress a report that sets forth''; and
(B) in paragraph (1), by striking ``and estimates of such
numbers for the current fiscal year and subsequent fiscal
years'';
(4) in subsection (g)--
(A) in the matter preceding paragraph (1), by striking ``In
each report submitted under subsection (a), the Secretary
shall also include a detailed discussion'' and inserting
``Not later than September 1 each year, the Secretary shall
submit to Congress a report that sets forth a detailed
discussion, current as of the preceding fiscal year,''; and
(B) by striking ``the year'' each place it appears and
inserting ``the fiscal year''; and
(5) in subsection (h), by striking ``In each such report,
the Secretary shall include a separate report'' and inserting
``Not later than April 1 each year, the Secretary shall
submit to Congress a report''.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 115a. Annual defense manpower profile report and
related reports''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 115a and inserting the following
new item:
``115a. Annual defense manpower profile report and related reports.''.
SEC. 1702. TERMINATION OF REQUIREMENT FOR SUBMITTAL TO
CONGRESS OF CERTAIN RECURRING REPORTS.
(a) Termination.--Effective on December 30, 2021, each
report described in subsection (b) that is still required to
be submitted to Congress as of such effective date shall no
longer be required to be submitted to Congress.
(b) Covered Reports.--A report described in this subsection
is any of the following:
(1) The report required by section 1696(b) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232).
(2) The report required by section 1071(b)(1) of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91).
(3) The report required by section 1788a(d) of title 10,
United States Code, as added by section 555 of such Act.
(4) The report required under section 709(g) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 1071 note).
(5) The report required by section 1292(a)(2) of such Act
(22 U.S.C. 2751 note).
(6) The quarterly report required by section 1236(c) of
such Act.
(7) The annual certification required by section 1666 of
such Act (10 U.S.C. 2431 note).
(8) The updates required under paragraph (3) of subsection
(a) of section 1694 of such Act to the report required under
paragraph (1) of such subsection.
(9) The notifications required by section 1695 of such Act.
(10) The report required under section 522(g) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
(c) Conforming Repeal.--
(1) In general.--Section 1788a of title 10, United States
Code, is amended by striking subsection (d).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on December 30, 2021.
(d) Requirement for Preparation of Certain Reports to
Congress by Civilian Employees of the Federal Government and
Members of the Armed Forces.--
(1) Requirement.--Except as expressly otherwise provided in
the provision of law requiring such report, any report
submitted to Congress pursuant to a provision of a national
defense authorization Act that is enacted on or after the
date that is three years after the date of the enactment of
this Act shall be written by civilian employees of the
Federal Government, members of the Armed Forces, or both, and
not by contractor employees of the Federal Government.
(2) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
brief the Committees on Armed Services of the Senate and the
House of Representatives on the actions to be taken to ensure
compliance with the requirement in paragraph (1), including
on any impediments to compliance with the requirement.
SEC. 1703. MODIFICATION OF ANNUAL REPORT ON CIVILIAN
CASUALTIES IN CONNECTION WITH UNITED STATES
MILITARY OPERATIONS.
(a) In General.--Section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
as amended by section 1062 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(8) and (9), respectively; and
(B) by striking paragraphs (3) and (4) and inserting the
following new paragraphs:
``(3) A description of the process by which the Department
of Defense investigates allegations of civilian casualties
resulting from United States military operations, including
how the Department incorporates information from interviews
with witnesses, civilian survivors of United States
operations, and public reports or other nongovernmental
sources.
``(4) A description of--
``(A) steps taken by the Department to mitigate harm to
civilians in conducting such operations; and
``(B) in the case of harm caused by such an operation to a
civilian, any ex gratia payment or other assistance provided
to the civilian or the family of the civilian.
``(5) A description of any allegations of civilian
casualties made by public or non-governmental sources
formally investigated by the Department of Defense.
``(6) A description of the general reasons for any
discrepancies between the assessments of the United States
and reporting from nongovernmental organizations regarding
non-combatant deaths resulting from strikes and operations
undertaken by the United States.
[[Page H9556]]
``(7) The definitions of `combatant' and `non-combatant'
used in the preparation of the report, which shall be
consistent with the laws of armed conflict.''; and
(2) in subsection (e), by striking ``five years'' and
inserting ``seven years''.
(b) Classification.--The Law Revision Counsel is directed
to place such section 1057 in a note following section 113 of
title 10, United States Code.
SEC. 1704. EXTENSION OF REQUIREMENT FOR BRIEFINGS ON THE
NATIONAL BIODEFENSE STRATEGY.
Section 1086(d) of the National Defense Authorization Act
for Fiscal year 2017 (Public Law 114-328; 130 Stat. 2423; 6
U.S.C. 104(d)) is amended by striking ``March 1, 2019'' and
inserting ``March 1, 2025''.
SEC. 1705. AUTHORIZATION OF APPROPRIATIONS FOR TITLE III OF
THE DEFENSE PRODUCTION ACT OF 1950.
(a) In General.--Section 711 of the Defense Production Act
of 1950 (50 U.S.C. 4561) is amended by adding at the end the
following: ``In addition to the appropriations authorized by
the previous sentence, there is authorized to be appropriated
$117,000,000 for each of fiscal years 2020 through 2024 to
carry out title III.''.
(b) Annual Briefing Required.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for five years, the Secretary of Defense, or the
designee of the Secretary, shall brief the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate on activities undertaken in the preceding year with
respect to title III of the Defense Production Act of 1950
(50 U.S.C. 4531 et seq.).
SEC. 1706. REPORT ON THE DEPARTMENT OF DEFENSE PLAN FOR MASS-
CASUALTY DISASTER RESPONSE OPERATIONS IN THE
ARCTIC.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense may be called upon to support
the Coast Guard and other agencies of the Department of
Homeland Security in responding to any mass-casualty disaster
response operations in the Arctic;
(2) coordination between the Department of Defense and the
Coast Guard might be necessary for responding to a mass-
casualty event in the Arctic; and
(3) prior planning for Arctic mass-casualty disaster
response operations will bolster the response of the Federal
Government to a mass-casualty disaster in the Arctic
environment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of Homeland Security, submit
to the appropriate committees of Congress a report on the
plan of the Department of Defense for assisting mass-casualty
disaster response operations in the Arctic.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A description of the assets that could be made
available to support other agencies and departments of the
Federal Government for mass-casualty disaster response
operations in the Arctic.
(2) A description and assessment of the command, control,
and coordination relationships that would be useful to
integrate rescue forces for such operations from multiple
agencies and departments of the Federal Government.
(3) A description and assessment of the communications
assets that could be made available in support of other
agencies and departments of the Federal Government for
communication and coordination in such operations.
(4) A description of any cooperative arrangements with
Canada and other regional partners in providing rescue assets
and infrastructure in connection with such operations.
(5) A description of available medical infrastructure and
assets that could be made available in support of other
agencies and departments of the Federal Government for
aeromedical evacuation in connection with such operations.
(6) A description of available shelter locations that could
be made available in support of other agencies and
departments of the Federal Government for use in connection
with such operations, including the number of people that can
be sheltered per location.
(7) An assessment of logistical challenges that evacuations
from the Arctic in connection with such operations entail,
including potential rotary and fixed-wing aircraft trans-load
locations and onward movement requirements.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Appropriations of the
House of Representatives.
SEC. 1707. TRANSMITTAL TO CONGRESS OF REQUESTS FOR ASSISTANCE
FROM OTHER DEPARTMENTS OF THE FEDERAL
GOVERNMENT THAT ARE APPROVED BY THE DEPARTMENT
OF DEFENSE.
(a) Requests Following Approval.--Not later than seven
calendar days after the Department of Defense approves a
Request for Assistance from the Department of Homeland
Security or the Department of Health and Human Services, the
Secretary of Defense shall electronically transmit to the
Committees on Armed Services of the Senate and the House of
Representatives a copy of such Request for Assistance.
(b) Official Responses to Approved Requests.--At the same
time the Secretary of Defense submits to the Secretary of
Homeland Security or the Secretary of Health and Human
Services an official response of the Department of Defense
approving a Request for Assistance from the Department of
Homeland Security or the Department of Health and Human
Services, as applicable, the Secretary of Defense shall
electronically transmit to the Committees on Armed Services
of the Senate and the House of Representatives a copy of such
official response.
SEC. 1708. REPORT AND BRIEFING ON IMPLEMENTATION OF NATIONAL
DEFENSE STRATEGY.
(a) Report and Briefing.--In addition to the assessment
required under section 113(g)(1)(F) of title 10, United
States Code, by not later than April 30, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a report, and provide an accompanying briefing, on
the implementation of the national defense strategy required
under section 113(g) of title 10, United States Code. Such
report and briefing shall include each of the following:
(1) An explanation of the joint operational concepts to
deter and, if necessary, to defeat strategic competitors,
including--
(A) an evaluation of the risks associated with the
employment of such joint operational concepts;
(B) the ways of adapting innovative joint operational
concepts to strategically significant scenarios;
(C) the ways that such joint operational concepts address
operational challenges to achieve advantages against
strategic competitors in the nuclear, space, and cyber
domains; and
(D) the employment of the force in peacetime to dissuade
strategic competitors from conducting malign activities below
the threshold of open warfare, including an evaluation of the
use of Dynamic Force Employment and the Global Operating
Model.
(2) The force posture changes and the United States defense
investments required to implement the national defense
strategy.
(3) Adjustments to research and development projects and
programs of record, including any additions, deletions, or
modifications intended to align force management, including
Joint Force development and design, required to implement the
national defense strategy.
(4) An assessment of the personnel and organizational
changes required to implement the national defense strategy.
(5) The resources and defense investments necessary to
support the operational concepts and their implementation.
(b) Independent Studies.--
(1) Studies required.--
(A) In general.--The Secretary of Defense shall provide for
the performance of two independent studies on the development
of joint operational concepts within the Department of
Defense in accordance with this subsection.
(B) Submittal to congress.--Not later than October 1, 2020,
the Secretary shall submit to the congressional defense
committees the results of each study required under
subparagraph (A).
(C) Form.--Each study required under subparagraph (A) shall
be submitted in unclassified form, but may include a
classified annex.
(2) Entities to perform studies.--The Secretary shall
provide for the studies under paragraph (1) to be performed
as follows:
(A) One study shall be performed by a federally funded
research and development center.
(B) One study shall be performed by an independent, non-
governmental institute, which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and which is
exempt from taxation under section 501(a) of such Code, and
which has recognized credentials and expertise in national
security and military affairs.
(3) Performance of studies.--
(A) Independent performance.--The Secretary shall require
the studies required under this subsection to be conducted
independently of one another.
(B) Matters to be considered.--In performing a study under
this subsection, the organization performing the study shall
consider the following matters:
(i) An assessment of the Department of Defense Capstone
Concept of Joint Operations process to define, develop, and
improve joint operational concepts.
(ii) An evaluation of how the Department is validating new
joint operational concepts through experimentation and
military exercises.
(iii) The effectiveness of joint operational concepts to
accomplish the objective of deterring and defeating strategic
competitors, including an evaluation of the risks associated
with each joint operational concept.
(iv) The ability of joint operational concepts to promote
or to effectuate strategic objectives, defense policies, and
budgetary priorities.
(v) Recommendations to alter or improve joint operational
concepts.
(vi) Such other matters as the Secretary of Defense
determines to be appropriate.
SEC. 1709. ACTIONS TO INCREASE ANALYTIC SUPPORT.
(a) In General.--The Secretary of Defense shall direct the
Under Secretary of Defense for Policy, the Director of the
Joint Staff, and the Director of Cost Assessment and Program
Evaluation, in consultation with the Secretary of each of the
military services, to jointly develop and implement a plan to
strengthen the analytic capabilities, expertise, and
processes necessary to implement the national defense
strategy, as required under section 113(g) of title 10,
United States Code.
(b) Elements.--The plan under subsection (a) shall
include--
(1) an assessment of the decision support capability of the
Department of Defense to support decision-making,
specifically the analytic expertise available to inform
senior leader decisions that link national defense strategy
objectives with approaches to competing effectively across
the full spectrum of engagement against strategic
competitors;
[[Page H9557]]
(2) an analytic approach to force structure development,
including an assessment of the major elements, products, and
milestones of the force planning process of the Department;
(3) the conclusions and recommendations of the Defense
Planning and Analysis Community initiative;
(4) the progress of the Department in implementing the
recommendations of the Comptroller General of the United
States set forth in Government Accountability Office Report
(GAO-19-40C);
(5) the progress of the Under Secretary, the Chairman of
the Joint Chiefs of Staff, and the Director of Cost
Assessment and Program Evaluation in implementing paragraph
(5) of section 134(b) of title 10, United States Code, as
added by section 902(b) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232); and
(6) such other matters as the Secretary of Defense
determines to be appropriate.
(c) Briefing Required.--Not later than March 1, 2020, the
Secretary of Defense shall provide to the congressional
defense committees a briefing on the plan under subsection
(a).
SEC. 1710. INCLUSION OF CERTAIN INDIVIDUALS INVESTIGATED BY
INSPECTORS GENERAL IN THE SEMIANNUAL REPORT.
Section 5(a)(19) of the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.) is amended by inserting
``the name of the senior government official (as defined by
the department or agency) if already made public by the
Office, and'' after ``including''.
SEC. 1711. ANNUAL REPORT ON JOINT MILITARY INFORMATION
SUPPORT OPERATIONS WEB OPERATIONS CENTER.
(a) In General.--Not later than March 1 of 2020, and each
subsequent year until the termination date specified in
subsection (c), the Assistant Secretary of Defense for
Special Operations and Low-Intensity Conflict and the
Commander of United States Special Operations Command shall
jointly submit to the congressional defense committees a
report on the activities of the Joint Military Information
Support Operations Web Operations Center (hereinafter
referred to as the ``JMWC'') during the most recently
concluded fiscal year.
(b) Elements.--The report required by subsection (a) shall
include each of the following, for the fiscal year covered by
the report:
(1) Definitions of initial operating capability and full
operational capability as such terms relate to the JMWC.
(2) A detailed description of all activities conducted or
planned to be conducted toward achieving initial operating
capability and full operational capability of the JMWC.
(3) A list of all associated funding requested for each
program element for achieving initial operating capability
and full operational capability.
(4) A detailed description of validated doctrine,
organization, training, materiel, leadership and education,
personnel, facilities, and policy requirements relating to
establishment and operation of the JMWC.
(5) A description of current JMWC capabilities, including
information technology infrastructure and contractual
arrangements.
(6) A list of all physical locations hosting JMWC
capabilities.
(7) The number of military, contractor, and civilian
personnel associated with the JMWC and any affiliated agency,
service, or other Department of Defense entity.
(8) A description of the JMWC personnel organizational
structure.
(9) An identification of inherently governmental functions
relating to administration of the JMWC and execution of
Military Information Support Operations (hereinafter referred
to as ``MISO)'' programs enabled by the JMWC.
(10) A detailed description of frameworks, metrics, and
capabilities to measure the effectiveness of MISO programs
enabled by the JMWC.
(11) A list of all associated funding requested by program
element from each of the geographic combatant commanders for
MISO programs enabled by the JMWC and a description of such
MISO activities.
(12) An assessment of the effectiveness of MISO programs
enabled by the JMWC.
(13) A description of efforts and activities conducted to
share best practices and leverage lessons learned across the
Department of Defense relating to MISO programs enabled by
the JMWC, as well as a description of such best practices and
lessons learned.
(14) An identification of liaisons and detailees to the
JMWC from agencies and elements of the Department of Defense
and other elements of the Federal Government.
(15) Activities and efforts conducted to synchronize and
deconflict MISO programs within the Department of Defense and
with interagency and international partners related to
strategic communications, as appropriate.
(16) Such other information as the Assistant Secretary and
the Commander determine appropriate.
(c) Termination.--The requirement to submit a report under
this section shall terminate on January 1, 2025.
SEC. 1712. MOBILITY CAPABILITY REQUIREMENTS STUDY.
(a) In General.--The Commander of the United States
Transportation Command, in coordination with the Chairman of
the Joint Chiefs of Staff, the Secretaries of the military
departments, and the commanders of the combatant commands,
shall conduct a study of the end-to-end, full-spectrum
mobility requirements to fulfill the national defense
strategy required by section 113(g) of title 10, United
States Code, for 2018. Such study shall be completed not
later than January 1, 2021.
(b) Elements of Study.--The study required under subsection
(a) shall include each of the following:
(1) An assessment of the ability of the programmed airlift
aircraft, tanker aircraft, sealift ships, and key mobility
enablers to meet the integrated mobility requirements in
expected strategic environments, as defined by the guidance
in such national defense strategy.
(2) An identification, quantification, and description of
the associated risk-to-mission (as defined by Chairman of the
Joint Chiefs of Staff Manual 3105.01, Joint Risk Analysis)
required to fulfill such strategy, including--
(A) as assessment of risk-to-mission associated with
achieving strategic and operational objectives using the
programmed airlift aircraft, tanker aircraft, sealift ships,
and key mobility enablers; and
(B) a description of the combinations of airlift aircraft,
tanker aircraft, sealift ships, and key mobility enabler
requirements and capabilities that provide low, moderate,
significant, and high levels of risk-to-mission to fulfill
such strategy.
(3) An identification of any mobility capability gaps,
shortfalls, overlaps, or excesses, including--
(A) an assessment of associated risks with respect to the
ability to conduct operations; and
(B) recommended mitigation strategies where possible.
(4) The articulation of all key assumptions and decisions
made and excursions examined in conducting the study with
respect to--
(A) risk;
(B) programmed forces and infrastructure;
(C) the availability of commercial airlift and commercial
United States sealift capabilities and resources, when
applicable;
(D) aircraft usage rates, aircraft mission availability
rates, aircraft mission capability rates, aircrew ratios,
aircrew production, and aircrew readiness rates;
(E) readiness, crewing, and activation rates for sealift
ships;
(F) prepositioning, forward stationing, seabasing,
engineering, and infrastructure;
(G) demand signals used to represent missions described in
the national defense strategy for 2018, in competition and
wartime;
(H) concurrency and global integration of demand signals;
(I) integrated global presence and basing strategy;
(J) host nation or third-country support;
(K) adversary actions to degrade and disrupt United States
mobility operations;
(L) adversary actions that threaten freedom of navigation
on international waterways, including attacks on foreign
ships and crews;
(M) aircraft being used for training or undergoing depot
maintenance or modernization or ships undergoing depot
maintenance;
(N) mobility enabling forces availability, readiness, and
use;
(O) logistics concept of operations, including any support
concepts, methods, combat support forces, and combat service
support forces, that are required to enable the projection
and enduring support to forces both deployed and in combat
for each analytic scenario;
(P) anticipated attrition rates for the assessed force
structure; and
(Q) such other matters as the Commander determines
appropriate.
(5) Such other elements as the Commander determines
appropriate.
(c) Reports and Briefings.--
(1) Interim report and briefing.--Not later than June 1,
2020, the Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint
Chiefs of Staff, the Secretaries of the military departments,
and the commanders of the combatant commands, shall--
(A) submit to the congressional defense committees an
interim report on the study; and
(B) provide to such committees a briefing on the report.
(2) Final report and briefing.--Not later than January 1,
2021, the Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint
Chiefs of Staff, the Secretaries of the military departments,
and the commanders of the combatant commands, shall--
(A) submit to the congressional defense committees a final
report on the study; and
(B) provide to such committees a briefing on the report.
(3) Form of reports.--The reports required by paragraphs
(1) and (2) shall be submitted in unclassified form, but may
include a classified annex.
(d) Definition of Sealift Ship.--In this section, the term
``sealift ship'' includes surge sealift vessels, tanker
vessels, and non-governmental vessels incorporated as part of
the maritime logistics enterprise.
SEC. 1713. ASSESSMENT OF SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Assessment.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with a federally funded
research and development center for the conduct of an
independent assessment of the force structure and roles and
responsibilities of special operations forces.
(b) Matters to Be Considered.--In performing the assessment
under this section, the federally funded research and
development center shall consider the following matters:
(1) The most recent national defense strategy under section
113(g) of title 10, United States Code.
(2) Special operations activities, as described in section
167(k) of title 10, United States Code.
(3) Potential future national security threats to the
United States.
(4) Ongoing counterterrorism and contingency operations of
the United States.
(5) The demand for special operations forces by geographic
combatant commanders for security cooperation, exercises, and
other missions that could be executed by conventional forces.
[[Page H9558]]
(6) Other government and non-government analyses that would
contribute to the assessment through variations in study
assumptions or potential scenarios.
(7) The role of emerging technology on special operations
forces.
(8) Opportunities for reduced operation and sustainment
costs of special operations.
(9) Current and projected capabilities of other United
States Armed Forces that could affect force structure
capability and capacity requirements of special operations
forces.
(10) The process by which United States Special Operations
Command determines force size and structure.
(11) The size, composition, and organizational structure of
United States Special Operations Command headquarters and
subordinate headquarters elements.
(12) The readiness of special operations forces for
assigned missions and future conflicts.
(13) The adequacy of special operations force structure for
meeting the goals of the National Military Strategy under
section 153(b) of title 10, United States Code.
(14) Any other matters deemed relevant.
(c) Assessment Results.--The results of the assessment
under this section shall include each of the following:
(1) Considerations and recommendations for improving the
readiness of special operations forces.
(2) Alternative headquarters and force structure options to
reduce administrative costs and enhance operational
effectiveness.
(3) Legislative recommendations with respect to section 167
of title 10, United States Code, and other relevant
provisions of law.
(d) Submission to Congress.--Not later than July 1, 2020,
the Secretary shall submit to the congressional defense
committees an unaltered copy of the assessment required under
subsection (a) together with the views of the Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict and the Commander of United States Special
Operations Command on the assessment and the recommendations
included in the assessment.
SEC. 1714. ARMY AVIATION STRATEGIC PLAN AND MODERNIZATION
ROADMAP.
(a) Strategic Plan and Modernization Roadmap.--
(1) In general.--The Secretary of the Army shall develop a
comprehensive strategic plan for Army aviation, which shall--
(A) ensure the alignment between requirements, both current
and future, and Army budget submissions to meet such
requirements; and
(B) inform the preparation of future defense program and
budget requests by the Secretary, and the consideration of
such requests by Congress.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An assessment of all missions for Army aviation, both
current missions and those missions necessary to support the
national defense strategy and the U.S. Army in Multi-Domain
Operations 2028 concept.
(B) An analysis of platforms, capabilities, and capacities
necessary to fulfill such current and future Army aviation
missions.
(C) The anticipated life cycle budget associated with each
platform, capability, and capacity requirement for both
current and future requirements.
(D) An analysis showing operational, budget, and schedule
trade-offs between sustainment of currently fielded
capabilities, modernization of currently fielded
capabilities, and development and production of new
capabilities.
(b) Report to Congress.--Not later than March 30, 2020, the
Secretary of the Army shall submit to the congressional
defense committees a report containing--
(1) the comprehensive strategic plan required by subsection
(a); and
(2) a sustainment and modernization plan for carrying out
such strategic plan through fiscal year 2028.
SEC. 1715. REPORT ON GROUND-BASED LONG-RANGE ARTILLERY TO
COUNTER LAND AND MARITIME THREATS.
(a) In General.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the efforts by the Army and Marine Corps to develop and
deploy ground-based long-range rocket and cannon artillery to
counter land and maritime threats.
(b) Elements.--The report required by subsection (a) shall
include each of the following:
(1) An assessment of ongoing and future Army and Marine
Corps efforts to develop and deploy ground-based long-range
rocket and cannon artillery to counter land and maritime
fires in the areas of operations of United States Indo-
Pacific Command and United States European Command.
(2) An assessment of and recommendations for how the
Department of Defense can improve the development and
deployment of such artillery.
(3) An analysis, assessment, and determination of how such
artillery employed in support of the United States and allied
forces will be stationed, deployed, operationally positioned,
and controlled to operate effectively against potential
adversaries throughout the depth of their tactical,
operational, and strategic formations, including any
recommendations of the Secretary regarding how such
capabilities and support could be enhanced.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 1716. INDEPENDENT REVIEW OF TRANSPORTATION WORKING-
CAPITAL FUND.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of each of the military
departments, shall enter into a contract with a federally
funded research and development center for the conduct of an
independent review of the transportation working-capital fund
(hereinafter referred to as the ``TWCF'') of the United
States Transportation Command.
(b) Matters for Inclusion.--The review conducted under
subsection (a) shall include each of the following:
(1) The viability of the TWCF as it is structured as of the
date of the enactment of this Act.
(2) An assessment of any instances in which excess TWCF
funds were used for procurement or modernization efforts that
would not otherwise have been funded using amounts made
available for operation and maintenance.
(3) Recommendations for how the TWCF could be restructured
in order to make the fund more effective and efficient.
(4) Potential alternative funding mechanisms for certain
components of the TWCF, including the channel system.
(5) Any other matters the Secretaries jointly determine
appropriate.
(c) Report.--Not later than March 1, 2021, the Secretary of
Defense and the Secretary of each of the military departments
shall jointly submit the to the congressional defense
committees a copy of the review conducted under subsection
(a).
SEC. 1717. GEOGRAPHIC COMMAND RISK ASSESSMENT OF PROPOSED USE
OF CERTAIN AIRCRAFT CAPABILITIES.
(a) In General.--Not later than March 31, 2020, each
commander of a geographic combatant command shall submit to
the congressional defense committees a report containing an
assessment of the level of operational risk to that command
posed by the plans of the Department of the Navy and
Department of the Air Force to provide a mix of fifth
generation and advanced fourth generation tactical aircraft
capabilities to meet near-, mid-, and far-term contingency
and steady-state operational requirements against adversaries
in support of the objectives of the 2018 national defense
strategy.
(b) Assessment of Risk.--In assessing levels of operational
risk under subsection (a), a commander shall use the military
risk matrix of the Chairman of the Joint Chiefs of Staff, as
described in CJCS Instruction 3401.01E.
(c) Geographic Combatant Command.--In this section, the
term ``geographic combatant command'' means each of the
following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1718. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
ADJUDICATIONS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, and quarterly thereafter for three
years, the Security Executive Agent, in coordination with
members of the Performance Accountability Council established
pursuant to Executive Order 13467, shall submit to Congress a
report on the backlog of personnel security clearance
adjudications conducted by all Government agencies that
adjudicate decisions for security clearances. Such report
shall include--
(1) the size of the backlog of personnel security clearance
adjudications, by agency, for the fiscal quarter preceding
the quarter during which the report is submitted;
(2) the average length of time, for each security clearance
sensitivity level, to carry out an initial adjudication and
an adjudication following a periodic reinvestigation, by
agency;
(3) the number of cases referred to the Consolidated
Adjudication Facility of the Department of Defense;
(4) the number of initial investigations adjudicated by the
Consolidated Adjudication Facility;
(5) the number of periodic reinvestigations adjudicated by
the Consolidated Adjudication Facility;
(6) the number of cases adjudicated by the Consolidated
Adjudication Facility stemming from participation in a
continuous evaluation program;
(7) the number of personnel enrolled in a continuous
evaluation program as opposed to subject to a periodic
reinvestigation;
(8) the number of adjudicators by agency; and
(9) a backlog mitigation plan, which shall include--
(A) the identification of the cause of, and recommendations
to remedy, the adjudication backlog at Federal agencies; and
(B) the steps the Security Executive Agent, established
pursuant to Executive Order 13467, shall take to reduce the
adjudication backlog.
(b) Public Availability.--Each report required under
subsection (a) shall be made publicly available.
SEC. 1719. REPORT REGARDING OUTSTANDING GOVERNMENT
ACCOUNTABILITY OFFICE RECOMMENDATIONS.
Not later than September 30, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes--
(1) a list of the priority recommendations identified by
the Comptroller General of the United States regarding
matters of the Department of Defense that the Secretary has
not implemented due to funding limitations.
(2) the estimated cost associated with implementing such
recommendations.
SEC. 1720. REPORT ON NATIONAL GUARD AND UNITED STATES
NORTHERN COMMAND CAPACITY TO MEET HOMELAND
DEFENSE AND SECURITY INCIDENTS.
Not later than September 30, 2020, the Chief of the
National Guard Bureau shall, in consultation with the
Commander of United States Northern Command, submit to the
congressional defense committees a report setting forth the
following:
[[Page H9559]]
(1) A clarification of the roles and missions, structure,
capabilities, and training of the National Guard and the
United States Northern Command, and an identification of
emerging gaps and shortfalls in light of current homeland
security threats to our country.
(2) A list of the resources that each State and Territory
National Guard has at its disposal that are available to
respond to a homeland defense or security incident, with
particular focus on a multi-State electromagnetic pulse
event.
(3) The readiness and resourcing status of forces listed
pursuant to paragraph (2).
(4) The current strengths and areas of improvement in
working with State and Federal interagency partners.
(5) The current assessments that address National Guard
readiness and resourcing of regular United States Northern
Command forces postured to respond to homeland defense and
security incidents.
(6) A roadmap to 2040 that addresses readiness across the
spectrum of long-range emerging threats facing the United
States.
SEC. 1721. ASSESSMENT OF STANDARDS, PROCESSES, PROCEDURES,
AND POLICY RELATING TO CIVILIAN CASUALTIES.
(a) Assessment.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center for the conduct of an independent
assessment of Department of Defense standards, processes,
procedures, and policy relating to civilian casualties
resulting from United States military operations.
(b) Matters To Be Considered.--In conducting the assessment
under this section, the federally funded research and
development center shall consider the following matters:
(1) Department of Defense policy relating to civilian
casualties resulting from United States military operations.
(2) Standards, processes, and procedures for internal
assessments and investigations of civilian casualties
resulting from United States military operations.
(3) Standards, processes, and procedures for identifying,
assessing, investigating, and responding to reports of
civilian casualties resulting from United States military
operations from the public and non-governmental entities and
sources.
(4) Combatant command resourcing and organizational
constructs for assessing and investigating civilian
casualties resulting from United States military operations.
(5) Mechanisms for public and non-governmental entities to
report civilian casualties that may have resulted from United
States military operations to the Department of Defense.
(6) Standards and processes for accurately recording
kinetic strikes, including raids, strikes, and other
missions, and civilian casualties resulting from United
States military operations.
(7) An analysis of general reasons for any disparity
between third party public estimates and official United
States Government estimates of civilian casualties resulting
from United States or joint military operations.
(8) The standardization of dissemination and
institutionalization across the Department of Defense and the
combatant commands of lessons learned from United States
military operations as a means of reducing the likelihood of
civilian casualties from United States military operations.
(9) Any other matters the Secretary of Defense determines
appropriate.
(c) Recommendations for Improvements.--The results of the
assessment under this section shall include recommendations
for improvements to standards, processes, procedures, policy,
and organizational constructs relating to civilian casualties
resulting from United States military operations.
(d) Submission of Report.--
(1) In general.--Not later than July 1, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a report setting forth an unaltered copy of the
assessment under this section, together with the views of the
Secretary on the assessment and on the recommendations
included pursuant to subsection (c).
(2) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may contain a
classified annex.
(3) Public availability.--The Secretary shall make the
unclassified form of the report under paragraph (1) available
to the public.
SEC. 1722. REPORT ON TRANSFERS OF EQUIPMENT TO PROHIBITED
ENTITIES.
(a) Annual Report.--Not later than March 1, 2021, and each
subsequent year through 2025, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a report on the transfer
of defense articles during the year preceding the year during
which the report is submitted to any of the following:
(1) Any security force unit that has committed a gross
violation of human rights in violation of section 362 of
title 10, United States Code, or section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d).
(2) Any group or organization prohibited by law from
receiving assistance from the United States.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of any confirmed instance in which the
government of a foreign state that has received defense
articles pursuant to a Department of Defense assistance
authority subsequently transferred any such articles to a
unit of that foreign state that is prohibited from receiving
assistance from the United States by reason of a
determination by the Secretary of Defense or the Secretary of
State that there is credible evidence that such unit has
committed a gross violation of human rights.
(2) A description of any instance, confirmed or under
investigation, in which the government of a foreign state
that has received defense articles pursuant to a Department
of Defense assistance authority subsequently transferred any
such articles to a group or organization that is prohibited
by law from receiving assistance from the United States.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1723. ANNUAL REPORT ON STRIKES UNDERTAKEN BY THE UNITED
STATES AGAINST TERRORIST TARGETS OUTSIDE AREAS
OF ACTIVE HOSTILITIES.
(a) Annual Report.--Not later than May 1 2020, and annually
thereafter until 2022, the Director of National Intelligence
and the Secretary of Defense shall jointly submit to Congress
a report on the number of strikes undertaken by the United
States against terrorist targets outside areas of active
hostilities during the preceding calendar year, as well as
assessments of combatant and non-combatant deaths resulting
from those strikes.
(b) Contents of Report.--The report required by subsection
(a) shall include--
(1) information obtained from relevant agencies regarding
the general sources of information and methodology used to
conduct the assessments of combatant and non-combatant
deaths;
(2) to the extent feasible and appropriate, the general
reasons for discrepancies between post-strike assessments
from the United States and credible reporting from
nongovernmental organizations regarding non-combatant deaths
resulting from strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities.
(c) Review of Post-strike Reporting.--In preparing a report
under this section, the Director and the Secretary shall, to
the maximum extent practicable, review relevant and credible
post-strike all-source reporting, including such information
from nongovernmental sources, for the purpose of ensuring
that this reporting is available to and considered by
relevant agencies in their assessment of deaths.
(d) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 1724. REVIEW AND ASSESSMENT OF MITIGATION OF MILITARY
HELICOPTER NOISE.
(a) In General.--The Secretary of Defense, in coordination
with the Chairman of the Joint Chiefs of Staff, shall conduct
a review and assessment of military helicopter noise in the
National Capital Region. Such review and assessment shall
include--
(1) a study on the causes and effects of military
helicopter noise on communities and individuals in the
National Capital Region;
(2) recommendations to mitigate the effects of military
helicopter noise on individuals, structures, and property
values in the National Capital Region; and
(3) the extent to which the Department has processes in
place for collecting, analyzing, and managing military
helicopter noise complaints from the general public across
the National Capital Region.
(b) Focus.--In conducting the review under subsection (a),
the Secretary and the Chairman of the Joint Chiefs of Staff
shall focus on all military helicopter flights in the
National Capital Region, including helicopters from the Army,
Air Force, and Marine Corps.
(c) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the results of the review conducted
under subsection (a). Such report shall include a description
of the policies and procedures currently being used by the
Army, Air Force, and Marine Corps in the National Capital
Region to mitigate the impact of helicopter noise as well as
the means to track compliance with these internal practices
to ensure compliance.
(d) Definition of National Capital Region.--In this
section, the term ``National Capital Region'' has the meaning
given the term in section 2574 of title 10, United States
Code.
Subtitle B--Other Matters
SEC. 1731. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of subtitle A,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 9A and
inserting the following:
``9A. Audit.................................................240a''.....
(2) The table of chapters at the beginning of subtitle A,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 112 and
inserting the following:
``112. Cyber Scholarship Program............................2200''.....
(3) Section 113(j)(1) is amended by inserting ``the''
before ``congressional defense committees''.
(4) Section 119a is amended in each of the subsection
headings for subsections (a) and (b) by striking ``AACMS''
and inserting ``ACCMS''.
(5) Section 127(c)(1) is amended by inserting ``the''
before ``congressional defense committees''.
(6) Section 130i is amended--
(A) in subsection (i)(1), by inserting ``(C)'' after
``(j)(3)''; and
(B) in subsection (j)(6), by striking ``40101'' and
inserting ``44802''.
[[Page H9560]]
(7) Section 131(b)(8) is amended by redesignating
subparagraph (I) as subparagraph (F).
(8) Section 132 is amended by redesignating subsection (e)
as subsection (d).
(9) The item relating to section 169 in the table of
sections at the beginning of chapter 6 is amended by
inserting a period after ``Command''.
(10) The item relating to section 183a in the table of
sections at the beginning of chapter 7 is amended to read as
follows:
``183a. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.''.
(11) Section 187(a)(2)(C) is amended by striking
``Assistant Secretary of the Army for Acquisition,
Technology, and Logistics'' and inserting ``Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology''.
(12) Section 222a(d)(3)(A) is amended by inserting ``had''
before ``been''.
(13) Section 222b(a) is amended by striking ``United States
Code,''.
(14) Section 284 is amended--
(A) by striking ``section 376'' both places it appears and
inserting ``section 276'';
(B) in subsection (f), by inserting ``)'' after ``Stat.
1564)'';
(C) in subsection (g)(2), by striking ``section 375'' and
inserting ``section 275''; and
(D) in subsection (h)(1)(A)(vi)(VI) by striking ``section
1004 of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 374 note) and''.
(15) The table of sections at the beginning of subchapter V
of chapter 16 is amended by striking ``Sec.'' after the item
relating to section 350.
(16) Section 341(e)(2)(A) is amended by adding a period at
the end.
(17) Section 526(k) is amended by inserting ``the'' before
``number of general officers''.
(18) Section 649j is amended by striking ``(a) In General.-
The'' and inserting ``The''.
(19) Section 651(a) is amended by inserting ``shall serve''
after ``(50 U.S.C. 3806(d)(1))''.
(20) The heading of section 928b (article 128b of the
Uniform Code of Military Justice) is amended to read as
follows:
``Sec. 928b. Art. 128b. Domestic violence''.
(21) Section 1034(b)(1)(B)(ii) is amended by striking
``subsection (i)'' and inserting ``subsection (j)'';
(22) Section 1073c(a) is amended by redesignating the
second paragraph (4) as paragraph (6).
(23) Section 1075(d)(1) is amended in the table by striking
``25% of out of network'' and inserting ``25% out of
network''.
(24) Section 1076d(d)(1) is amended by striking ``section
1075 of this section'' and inserting ``section 1075 of this
title''.
(25) Section 1076e(d)(1) is amended by striking ``section
1075 of this section'' and inserting ``section 1075 of this
title''.
(26) Section 1142(c)(3) is amended by striking ``paragraph
(2)(B)'' and inserting ``paragraph (2)(C)''.
(27) Section 1762(c) is amended by striking ``in at any one
time'' and inserting ``at any one time in''.
(28) Section 1788a is amended in subsection (d)(1) by
striking ``Not later than March 1, 2019, and each March 1
thereafter'' and inserting ``Not later than March 1 each
year''.
(29) Section 2208(u) is amended by inserting ``of this
title'' after ``2805'' each place it appears.
(30) Section 2216(b)(1) is amended by striking ``subsection
(c)(1)(B)(iii)'' and inserting ``subsection (c)(1)(B)(ii)''.
(31) Section 2222(i)(11) is amended by striking
``subsection (a)(6)(A)'' and inserting ``subsection
(e)(6)(A)''.
(32) Section 2228(a)(2) is amended by striking the second
period at the end.
(33) The item relating to section 2229b in the table of
sections at the beginning of chapter 131 is amended to read
as follows:
``2229b. Comptroller General assessment of acquisition programs and
initiatives.''.
(34) Section 2273(b)(1) is amended by inserting a semicolon
at the end.
(35) The heading for section 2279d is amended by striking
the period at the end.
(36) The heading of section 2284, as added by section
311(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1708), is amended to read as follows:
``Sec. 2284. Explosive Ordnance Disposal Defense Program''.
(37) Section 2304(f)(1)(B) is amended--
(A) in clause (ii), by striking ``paragraph (6)(A)'' and
inserting ``paragraph (5)(A)''; and
(B) in clause (iii), by striking ``paragraph (6)(B)'' and
inserting ``paragraph (5)(B)''.
(38) Section 2305a(d)(1) is amended by striking ``a
indefinite'' and inserting ``an indefinite''.
(39)(A) Section 2304e is amended by striking the last four
words of the section heading.
(B) Section 2323a is amended--
(i) in the section heading, by striking the last six words;
and
(ii) in subsection (e)--
(I) in paragraph (1), by striking ``102 Stat. 2468;'';
(II) in paragraph (2), by striking ``(25 U.S.C. 450b(d))''
and inserting ``(25 U.S.C. 5304(d))''; and
(III) in paragraph (3), by striking ``(25 U.S.C. 450b(e))''
and inserting ``(25 U.S.C. 5304(e))''.
(C) The table of sections at the beginning of chapter 137
is amended by striking the last four words of the item
relating to section 2304e and the last six words of the item
relating to section 2323a.
(40) Section 2307(a)(1) is amended by striking ``may'' and
inserting ``may--''.
(41) Section 2313b(d) is amended by striking ``an task
order'' both places it appears and inserting ``a task
order''.
(42) Section 2329(g)(1) is amended by striking `` `bridge
contact' '' and inserting `` `bridge contract' ''.
(43) Section 2339a(e)(5) is amended by striking ``section
3542(b)'' and inserting ``section 3552(b)(6)''.
(44) Section 2366a(c)(1)(F) is amended by striking
``section 2366a(b)(6) of this title'' and inserting
``subsection (b)(6)''.
(45) Section 2368(f)(1) is amended by striking
``transition'' and inserting ``transaction''.
(46) Section 2371b(d)(1)(C) is amended by striking ``other
than'' after ``sources''.
(47) Section 2380B is amended--
(A) by inserting ``section'' before ``2376(1) of this
title''; and
(B) by striking ``purposed of'' and inserting ``purposes
of''.
(48) Section 2401(e)(2) is amended by striking ``subsection
(f)'' and inserting ``subsection (g)''.
(49) The item relating to section 2439 in the table of
sections at the beginning of chapter 144 is amended to read
as follows:
``2439. Negotiation of price for technical data before development,
production, or sustainment of major weapon systems.''.
(50) The item relating to subchapter II in the table of
subchapters for chapter 144B is amended to read as follows:
``II. Development, Prototyping, and Deployment of Weapon System
Components or Technology...............................2447a''.....
(51) Section 2447a(a) is amended by striking ``after fiscal
year 2017''.
(52) Section 2547(b)(2) is amended--
(A) by striking ``material'' and inserting ``materiel'';
and
(B) by striking ``Material'' both places it appears and
inserting ``Materiel''.
(53) Section 2802(e)(1) is amended by striking ``shall
comply with'' and inserting ``shall--
``(A) comply with''.
(54) Section 2804(b) is amended, in the second sentence--
(A) by striking ``(1)'' and ``(2)''; and
(B) by striking ``project and'' and inserting ``project,''.
(55) Section 2805(d)(1)(B) is amended by inserting
``under'' after ``made available''.
(56) Section 2835a(c) is amended by striking ``(1) The
Secretary'' and inserting ``The Secretary''.
(57) Section 2879(a)(2)(A) is amended by striking the comma
after ``2017''.
(58) Section 2913(c) is amended by striking ``government a
gas or electric utility'' and inserting ``government gas or
electric utility''.
(59) The item relating to section 2914 in the table of
sections at the beginning of chapter 173 is amended to read
as follows:
``2914. Energy resilience and conservation construction projects.''.
(60)(A) The heading of section 8749, as amended by section
1114(b)(2) and redesignated by section 807(d)(6) of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by capitalizing the
initial letter of the fifth, sixth, and seventh words and the
initial letter of the last two words.
(B) The heading of section 8749a, as added by section
1114(a) and redesignated by section 8(d)(6) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by capitalizing the
initial letter of the fifth, sixth, and seventh words.
(61) Section 9069(a) is amended by striking ``are'' and
inserting ``is''.
(62) Section 10217(e)(4) is amended by striking ``shall an
individual'' and inserting ``shall be an individual''.
(63) The item relating to section 2568a in the table of
sections at the beginning of chapter 152 is amended to read
as follows:
``2568a. Damaged personal protective equipment: award to members
separating from the armed forces and veterans.''.
(64) Section 7016(b)(5)(A) is amended by striking
``Assistant Secretary of the Army for Acquisition,
Technology, and Logistics'' and inserting ``Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology''.
(b) NDAA for Fiscal Year 2019.--Effective as of August 13,
2018, and as if included therein as enacted, the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) is amended as follows:
(1) Section 331(g)(2) (132 Stat. 1724) is amended by
inserting ``of such title'' after ``chapter 2''.
(2) Section 844(b) (132 Stat. 1881) is amended by striking
``This section and the amendments made by this section'' and
inserting ``The amendment made by subsection (a)''.
(3) Section 1246(1)(B) (132 Stat. 2049) is amended by
adding at the end before the semicolon the following: ``and
transferring it to appear after paragraph (15)''.
(4) Section 2805(c) (132 Stat. 2262; 10 U.S.C. 2864 note)
is amended by striking ``United Facilities Criteria'' and
inserting ``Unified Facilities Criteria''.
(c) NDAA for Fiscal Year 2018.--Effective as of December
12, 2017, and as if included therein as enacted, section
1609(b)(3) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1728; 10
U.S.C. 2273 note) is amended by striking ``, and,'' and
inserting ``, and''.
(d) NDAA for Fiscal Year 2017.--Effective as of December
23, 2016, and as if included therein as enacted, section
233(c)(2)(C)(ii) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 114-328; 130 Stat. 2061; 10
U.S.C. 2358 note) is amended by striking ``Assistant
Secretary of the Army for Acquisition, Technology, and
Logistics'' and inserting ``Assistant Secretary of the Army
for Acquisition, Logistics, and Technology''.
[[Page H9561]]
(e) NDAA for Fiscal Year 2012.--Effective as of December
31, 2011, and as if included therein as enacted, section 315
of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1358; 10 U.S.C. 2911 note)
is amended by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(f) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of
this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any such amendments by other provisions of this Act.
SEC. 1732. ESTABLISHMENT OF LEAD INSPECTOR GENERAL FOR AN
OVERSEAS CONTINGENCY OPERATION BASED ON
SECRETARY OF DEFENSE NOTIFICATION.
(a) Notification on Commencement of OCO.--Section 113 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(n) Notification of Certain Overseas Contingency
Operations for Purposes of Inspector General Act of 1978.--
The Secretary of Defense shall provide the Chair of the
Council of Inspectors General on Integrity and Efficiency
written notification of the commencement or designation of a
military operation as an overseas contingency operation upon
the earlier of--
``(1) a determination by the Secretary that the overseas
contingency operation is expected to exceed 60 days; or
``(2) the date on which the overseas contingency operation
exceeds 60 days.''.
(b) Establishment of Lead Inspector General Based on
Notification.--Section 8L of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)--
(A) by striking ``Upon the commencement'' and all that
follows through ``the Chair'' and inserting ``The Chair'';
and
(B) by inserting before the period at the end the
following: ``upon the earlier of--
``(1) the commencement or designation of a military
operation as an overseas contingency operation that exceeds
60 days; or
``(2) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an overseas
contingency operation''; and
(2) in subsection (d)(1), by striking ``the commencement or
designation of the military operation concerned as an
overseas contingency operation that exceeds 60 days'' and
inserting ``the earlier of--
``(A) the commencement or designation of the military
operation concerned as an overseas contingency operation that
exceeds 60 days; or
``(B) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an overseas
contingency operation''.
SEC. 1733. CLARIFICATION OF AUTHORITY OF INSPECTORS GENERAL
FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by striking ``to exercise'' and all that
follows through ``such matter'' and inserting ``to identify
and coordinate with the Inspector General who has principal
jurisdiction over the matter to ensure effective oversight'';
and
(B) by adding at the end the following:
``(iii)(I) Upon written request by the Inspector General
with principal jurisdiction over a matter with respect to the
contingency operation, and with the approval of the lead
Inspector General, an Inspector General specified in
subsection (c) may provide investigative support or conduct
an independent investigation of an allegation of criminal
activity by any United States personnel, contractor,
subcontractor, grantee, or vendor in the applicable theater
of operations.
``(II) In the case of a determination by the lead Inspector
General that no Inspector General has principal jurisdiction
over a matter with respect to the contingency operation, the
lead Inspector General may--
``(aa) conduct an independent investigation of an
allegation described in subclause (I); or
``(bb) request that an Inspector General specified in
subsection (c) conduct such investigation.''; and
(2) by adding at the end the following:
``(I) To enhance cooperation among Inspectors General and
encourage comprehensive oversight of the contingency
operation, any Inspector General responsible for conducting
oversight of any program or operation performed in support of
the contingency operation may, to the maximum extent
practicable and consistent with the duties, responsibilities,
policies, and procedures of such Inspector General--
``(i) coordinate such oversight activities with the lead
Inspector General; and
``(ii) provide information requested by the lead Inspector
General relating to the responsibilities of the lead
Inspector General described in subparagraphs (B), (C), and
(G).''.
SEC. 1734. EMPLOYMENT STATUS OF ANNUITANTS FOR INSPECTORS
GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (2)(E), by inserting ``(without regard to
subsection (b)(2) of such section)'' after ``United States
Code,'';
(2) in paragraph (3), by amending subparagraph (C) to read
as follows:
``(C)(i) An annuitant receiving an annuity under the
Foreign Service Retirement and Disability System or the
Foreign Service Pension System under chapter 8 of title I of
the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) who
is reemployed under this subsection--
``(I) shall continue to receive the annuity; and
``(II) shall not be considered a participant for purposes
of chapter 8 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) or an employee for purposes of
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code.
``(ii) An annuitant described in clause (i) may elect in
writing for the reemployment of the annuitant under this
subsection to be subject to section 824 of the Foreign
Service Act of 1980 (22 U.S.C. 4064). A reemployed annuitant
shall make an election under this clause not later than 90
days after the date of the reemployment of the annuitant.'';
and
(3) by adding at the end the following:
``(5)(A) A person employed by a lead Inspector General for
an overseas contingency operation under this section shall
acquire competitive status for appointment to any position in
the competitive service for which the employee possesses the
required qualifications upon the completion of 2 years of
continuous service as an employee under this section.
``(B) No person who is first employed as described in
subparagraph (A) more than 2 years after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020 may acquire competitive status under
subparagraph (A).''.
SEC. 1735. EXTENSION OF NATIONAL SECURITY COMMISSION ON
ARTIFICIAL INTELLIGENCE.
(a) Extension.--Subsection (e) of section 1051 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1962) is amended by
striking ``October 1, 2020'' and inserting ``October 1,
2021''.
(b) Authority to Accept Gifts.--Subsection (a) of such
section is amended by adding at the end the following new
paragraph:
``(8) Authority to accept gifts.--The Commission may
accept, use, and dispose of gifts or donations of services,
goods, and property from non-Federal entities for the
purposes of aiding and facilitating the work of the
Commission. The authority in this paragraph does not extend
to gifts of money.''.
(c) Reports.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Interim reports.--Not later than each of December 1,
2019, and December 1, 2020, the Commission shall submit as
described in that paragraph an interim report on the review
required under subsection (b).
``(3) Final report.--Not later than March 1, 2021, the
Commission shall submit as described in paragraph (1) a
comprehensive final report on the review required under
subsection (b).''.
SEC. 1736. EXEMPTION FROM CALCULATION OF MONTHLY INCOME, FOR
PURPOSES OF BANKRUPTCY LAWS, OF CERTAIN
PAYMENTS FROM THE DEPARTMENT OF VETERANS
AFFAIRS AND THE DEPARTMENT OF DEFENSE.
Section 101(10A) of title 11, United States Code, is
amended by striking subparagraph (B) and inserting the
following:
``(B)(i) includes any amount paid by any entity other than
the debtor (or in a joint case the debtor and the debtor's
spouse), on a regular basis for the household expenses of the
debtor or the debtor's dependents (and, in a joint case, the
debtor's spouse if not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the Social Security Act (42
U.S.C. 301 et seq.);
``(II) payments to victims of war crimes or crimes against
humanity on account of their status as victims of such
crimes;
``(III) payments to victims of international terrorism or
domestic terrorism, as those terms are defined in section
2331 of title 18, on account of their status as victims of
such terrorism; and
``(IV) any monthly compensation, pension, pay, annuity, or
allowance paid under title 10, 37, or 38 in connection with a
disability, combat-related injury or disability, or death of
a member of the uniformed services, except that any retired
pay excluded under this subclause shall include retired pay
paid under chapter 61 of title 10 only to the extent that
such retired pay exceeds the amount of retired pay to which
the debtor would otherwise be entitled if retired under any
provision of title 10 other than chapter 61 of that title.''.
SEC. 1737. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER
RESEARCH.
Section 414(h) of title 39, United States Code, is amended
by striking ``2019'' and inserting ``2027''.
SEC. 1738. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY.
(a) Extension of Deadline for Report.--Subsection (h)(2) of
section 1087 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``March 1, 2020'' and inserting
``December 1, 2020''.
(b) Secretary of Defense Report.--Such section is further
amended by adding at the end the following new subsection:
``(m) Report to Congress.--Not later than 120 days after
the date of the submittal of the report under subsection
(h)(2), the Secretary of Defense, in coordination with the
Secretary of each of the military departments, shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report that includes each of the
following:
``(1) An assessment of the findings and conclusions of the
Commission.
``(2) The plan of the Secretaries for implementing the
recommendations of the Commission.
``(3) Any other actions taken or planned by the Secretary
of Defense or the Secretary of any
[[Page H9562]]
of the military departments to improve military aviation
safety.''.
(c) Authorization of Appropriations.--In addition to any
other amounts authorized to be appropriated for the National
Commission on Military Aviation Safety established under
section 1087 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
of the amounts authorized to be appropriated for Operation
and Maintenance, Defense-wide for fiscal year 2020, as
specified in the funding table in section 4301, $3,000,000
shall be available for the National Commission on Aviation
Safety.
SEC. 1739. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF
THE UNIFORMED SERVICES.
(a) In General.--Title VI of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by adding at
the end the following new section:
``SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF
SERVICEMEMBERS.
``For the purposes of establishing the residency of a
spouse of a servicemember for any purpose (including the
registration of a business), the spouse of a servicemember
may elect to use the same residence as the servicemember
regardless of the date on which the marriage of the spouse
and the servicemember occurred.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 706 the following new item:
``Sec. 707. Guarantee of residency for spouses of servicemembers.''.
SEC. 1740. ELECTROMAGNETIC PULSES AND GEOMAGNETIC
DISTURBANCES.
(a) EMP and GMD Mitigation Research and Development.--
(1) Threat assessment, response, and recovery.--Section 320
of the Homeland Security Act of 2002 (6 U.S.C. 195f) is
amended--
(A) in the section heading, by inserting ``and threat
assessment, response, and recovery'' after ``development'';
and
(B) by adding at the end the following:
``(d) Threat Assessment, Response, and Recovery.--
``(1) Roles and responsibilities.--
``(A) Distribution of information.--
``(i) In general.--Beginning not later than June 19, 2020,
the Secretary shall provide timely distribution of
information on EMPs and GMDs to Federal, State, and local
governments, owners and operators of critical infrastructure,
and other persons determined appropriate by the Secretary.
``(ii) Briefing.--The Secretary shall brief the appropriate
congressional committees on the effectiveness of the
distribution of information under clause (i).
``(B) Response and recovery.--
``(i) In general.--The Administrator of the Federal
Emergency Management Agency shall--
``(I) coordinate the response to and recovery from the
effects of EMPs and GMDs on critical infrastructure, in
coordination with the heads of appropriate Sector-Specific
Agencies, and on matters related to the bulk power system, in
consultation with the Secretary of Energy and the Federal
Energy Regulatory Commission; and
``(II) to the extent practicable, incorporate events that
include EMPs and extreme GMDs as a factor in preparedness
scenarios and exercises.
``(ii) Implementation.--The Administrator of the Federal
Emergency Management Agency, in coordination with the
Director of the Cybersecurity and Infrastructure Security
Agency, and on matters related to the bulk power system, the
Secretary of Energy and the Federal Energy Regulatory
Commission, shall--
``(I) not later than June 19, 2020, develop plans and
procedures to coordinate the response to and recovery from
EMP and GMD events; and
``(II) not later than December 21, 2020, conduct a national
exercise to test the preparedness and response of the Nation
to the effect of an EMP or extreme GMD event.
``(C) Research and development.--
``(i) In general.--The Secretary, in coordination with the
heads of relevant Sector-Specific Agencies, shall--
``(I) without duplication of existing or ongoing efforts,
conduct research and development to better understand and
more effectively model the effects of EMPs and GMDs on
critical infrastructure (which shall not include any system
or infrastructure of the Department of Defense or any system
or infrastructure of the Department of Energy associated with
nuclear weapons activities); and
``(II) develop technologies to enhance the resilience of
and better protect critical infrastructure.
``(ii) Plan.--Not later than March 26, 2020, and in
coordination with the heads of relevant Sector-Specific
Agencies, the Secretary shall submit to the appropriate
congressional committees a research and development action
plan to rapidly address modeling shortfall and technology
development.
``(D) Emergency information system.--
``(i) In general.--The Administrator of the Federal
Emergency Management Agency, in coordination with relevant
stakeholders, shall maintain a network of systems, such as
the alerting capabilities of the integrated public alert and
warning system authorized under section 526, that are capable
of providing appropriate emergency information to the public
before (if possible), during, and in the aftermath of an EMP
or GMD.
``(ii) Briefing.--Not later than December 21, 2020, the
Administrator of the Federal Emergency Management Agency,
shall brief the appropriate congressional committees
regarding the maintenance of systems, including the alerting
capabilities of the integrated public alert and warning
system authorized under section 526.
``(E) Quadrennial risk assessments.--
``(i) In general.--The Secretary, in coordination with the
Secretary of Defense, the Secretary of Energy, and the
Secretary of Commerce, and informed by intelligence-based
threat assessments, shall conduct a quadrennial EMP and GMD
risk assessment.
``(ii) Briefings.--Not later than March 26, 2020, and every
four years thereafter until 2032, the Secretary, the
Secretary of Defense, the Secretary of Energy, and the
Secretary of Commerce shall provide a briefing to the
appropriate congressional committees regarding the
quadrennial EMP and GMD risk assessment.
``(iii) Enhancing resilience.--The Secretary, in
coordination with the Secretary of Defense, the Secretary of
Energy, the Secretary of Commerce, and the heads of other
relevant Sector-Specific Agencies, shall use the results of
the quadrennial EMP and GMD risk assessments to better
understand and to improve resilience to the effects of EMPs
and GMDs across all critical infrastructure sectors,
including coordinating the prioritization of critical
infrastructure at greatest risk to the effects of EMPs and
GMDs.
``(2) Coordination.--
``(A) Report on technological options.--Not later than
December 21, 2020, and every four years thereafter until
2032, the Secretary, in coordination with the Secretary of
Defense, the Secretary of Energy, the heads of other
appropriate agencies, and, as appropriate, private-sector
partners, shall submit to the appropriate congressional
committees, a report that--
``(i) assesses the technological options available to
improve the resilience of critical infrastructure to the
effects of EMPs and GMDs; and
``(ii) identifies gaps in available technologies and
opportunities for technological developments to inform
research and development activities.
``(B) Test data.--
``(i) In general.--Not later than December 20, 2020, the
Secretary, in coordination with the heads of Sector-Specific
Agencies, the Secretary of Defense, and the Secretary of
Energy, shall--
``(I) review test data regarding the effects of EMPs and
GMDs on critical infrastructure systems, networks, and assets
representative of those throughout the Nation; and
``(II) identify any gaps in the test data.
``(ii) Plan.--Not later than 180 days after identifying
gaps in test data under clause (i), the Secretary, in
coordination with the heads of Sector-Specific Agencies and
in consultation with the Secretary of Defense and the
Secretary of Energy, shall use the sector partnership
structure identified in the National Infrastructure
Protection Plan to develop an integrated cross-sector plan to
address the identified gaps.
``(iii) Implementation.--The heads of each agency
identified in the plan developed under clause (ii) shall
implement the plan in collaboration with the voluntary
efforts of the private sector, as appropriate.
``(3) Definitions.--In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the Committee on Homeland Security and Governmental
Affairs, the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on Commerce,
Science, and Transportation of the Senate; and
``(ii) the Committee on Transportation and Infrastructure,
the Committee on Homeland Security, the Committee on Armed
Services, the Committee on Energy and Commerce, and the
Committee on Science, Space and Technology of the House of
Representatives.
``(B) The terms `prepare' and `preparedness' mean the
actions taken to plan, organize, equip, train, and exercise
to build and sustain the capabilities necessary to prevent,
protect against, mitigate the effects of, respond to, and
recover from those threats that pose the greatest risk to the
security of the homeland, including the prediction and
notification of impending EMPs and GMDs.
``(C) The term `Sector-Specific Agency' has the meaning
given that term in section 2201.
``(e) Rule of Construction.--Nothing in this section may be
construe--
``(1) to affect in any manner the authority of the
executive branch to implement Executive Order 13865, dated
March 26, 2019, and entitled `Coordinating National
Resilience to Electromagnetic Pulses', or any other authority
existing on the day before the date of enactment of this
subsection of any other component of the Department or any
other Federal department or agency, including the authority
provided to the Sector-Specific Agency specified in section
61003(c) of division F of the Fixing America's Surface
Transportation Act (6 U.S.C. 121 note), including the
authority under section 215 of the Federal Power Act (16
U.S.C. 824o), and including the authority of independent
agencies to be independent; or
``(2) as diminishing or transferring any authorities vested
in the Administrator of the Federal Emergency Management
Agency or in the Agency prior to the date of the enactment of
this subsection.''.
(2) Technical and conforming amendment.--The table of
sections in section 1(b) of the Homeland Security Act of 2002
is amended by striking the item relating to section 320 and
inserting the following:
``Sec. 320. EMP and GMD mitigation research and development and threat
assessment, response, and recovery.''.
(b) Consultation With Secretary of Energy in Preparation of
Quadrennial Homeland Security Review.--Section 707 of the
Homeland Security Act of 2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)(A), by inserting ``the Secretary
of Energy,'' after ``the Secretary of Agriculture''; and
(2) in subsection (c)(2)(B), by inserting after review the
following ``or for purposes of the
[[Page H9563]]
quadrennial EMP and GMD risk assessment under section
320(d)(1)(E)''.
(c) National Essential Functions.--
(1) Updated operational plans.--Not later than March 20,
2020, each agency that supports a national essential function
shall prepare updated operational plans documenting the
procedures and responsibilities of the agency relating to
preparing for, protecting against, and mitigating the effects
of EMPs and GMDs.
(2) Definition of national essential function.--In this
subsection, the term ``national essential functions'' means
the overarching responsibilities of the Federal Government to
lead and sustain the Nation before, during, and in the
aftermath of a catastrophic emergency, such as an EMP or GMD
that adversely affects the performance of the Federal
Government.
(d) Benchmarks.--Not later than March 26, 2020, and as
appropriate thereafter, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and, as appropriate, the private sector,
may develop or update, as necessary, quantitative and
voluntary benchmarks that sufficiently describe the physical
characteristics of EMPs, including waveform and intensity, in
a form that is useful to and can be shared with owners and
operators of critical infrastructure. Nothing in this
subsection shall affect the authority of the Electric
Reliability Organization to develop and enforce, or the
authority of the Federal Energy Regulatory Commission to
approve, reliability standards.
(e) Pilot Test by DHS to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the
Secretary of Homeland Security, acting through the Under
Secretary for Science and Technology of the Department of
Homeland Security, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency and the
Administrator of the Federal Emergency Management Agency, the
Secretary of Defense, and the Secretary of Energy, and in
consultation with the private sector, as appropriate, shall
develop and implement a pilot test to evaluate available
engineering approaches for mitigating the effects of EMPs and
GMDs on the most vulnerable critical infrastructure systems,
networks, and assets.
(2) Briefing.--Not later than 90 days after the date on
which the pilot test described in paragraph (1) is completed,
the Secretary of Homeland Security, acting through the Under
Secretary for Science and Technology of the Department of
Homeland Security, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency and the
Administrator of the Federal Emergency Management Agency, the
Secretary of Defense, and the Secretary of Energy, shall
jointly brief the appropriate congressional committees on the
cost and effectiveness of the evaluated approaches.
(f) Pilot Test by DOD to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the
Secretary of Defense, in consultation with the Secretary of
Homeland Security and the Secretary of Energy, shall conduct
a pilot test to evaluate engineering approaches for hardening
a strategic military installation, including infrastructure
that is critical to supporting that installation, against the
effects of EMPs and GMDs.
(2) Report.--Not later than 180 days after completing the
pilot test described in paragraph (1), the Secretary of
Defense shall submit to the appropriate congressional
committees a report regarding the cost and effectiveness of
the evaluated approaches.
(g) Communications Operational Plans.--Not later than
December 21, 2020, the Secretary of Homeland Security, after
holding a series of joint meetings with the Administrator of
the Federal Emergency Management Agency, the Director of the
Cybersecurity and Infrastructure Security Agency, the
Secretary of Defense, the Under Secretary of Commerce for
Standards and Technology, the Assistant Secretary of Commerce
for Communications and Information, the Federal
Communications Commission, and the Secretary of
Transportation, shall submit to the appropriate congressional
committees a report--
(1) assessing the effects of EMPs and GMDs on critical
communications infrastructure; and
(2) recommending any necessary changes to operational plans
to enhance national response and recovery efforts after an
EMP or GMD.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' has
the meaning given that term in subsection (d) of section 320
of the Homeland Security Act of 2002, as added by subsection
(a) of this section; and
(2) The terms ``critical infrastructure'', ``EMP'', and
``GMD'' have the meanings given such terms in section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101).
SEC. 1741. IMPROVEMENTS TO MANUFACTURING USA PROGRAM.
(a) In General.--Section 34 of the National Institute of
Standards and Technology Act (15 U.S.C. 278s) is amended to
read as follows:
``SEC. 34. MANUFACTURING USA.
``(a) Definitions.--In this section:
``(1) Agency head.--The term `agency head' means the head
of any Executive agency (as defined in section 105 of title
5, United States Code), other than the Department of Defense.
``(2) Regional innovation initiative.--The term `regional
innovation initiative' has the meaning given such term in
section 27(f)(1) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722(f)(1)).
``(b) Establishment of Manufacturing USA Program.--
``(1) In general.--The Secretary shall establish within the
Institute a program to be known as the `Manufacturing United
States of America Program' or the `Manufacturing USA Program'
(referred to in this section as the `Program').
``(2) Purposes of program.--The purposes of the Program
are--
``(A) to improve the competitiveness of United States
manufacturing and to increase the production of goods
manufactured predominantly within the United States;
``(B) to stimulate United States leadership in advanced
manufacturing research, innovation, and technology;
``(C) to facilitate the transition of innovative
technologies into scalable, cost-effective, and high-
performing manufacturing capabilities;
``(D) to facilitate access by manufacturing enterprises to
capital-intensive infrastructure, including high-performance
electronics and computing, and the supply chains that enable
these technologies;
``(E) to accelerate the development of an advanced
manufacturing workforce;
``(F) to facilitate peer exchange of and the documentation
of best practices in addressing advanced manufacturing
challenges;
``(G) to leverage non-Federal sources of support to promote
a stable and sustainable business model without the need for
long-term Federal funding;
``(H) to create and preserve jobs; and
``(I) to contribute to the development of regional
innovation initiatives across the United States.
``(3) Support.--The Secretary, acting through the Director,
shall carry out the purposes set forth in paragraph (2) by
supporting--
``(A) the Manufacturing USA Network established under
subsection (b); and
``(B) the establishment of Manufacturing USA institutes.
``(4) Director.--The Secretary shall carry out the Program
through the Director.
``(c) Establishment of Manufacturing USA Network.--
``(1) In general.--As part of the Program, the Secretary
shall establish a network of Manufacturing USA institutes.
``(2) Designation.--The network established under paragraph
(1) shall be known as the `Manufacturing United States of
America Network' or the `Manufacturing USA Network' (referred
to in this section as the `Network').
``(d) Manufacturing USA Institutes.--
``(1) In general.--For purposes of this section, a
Manufacturing USA institute is an institute that--
``(A) has been established by a person or group of persons
to address challenges in advanced manufacturing and to assist
manufacturers in retaining or expanding industrial production
and jobs in the United States;
``(B) has a predominant focus on a manufacturing process,
novel material, enabling technology, supply chain integration
methodology, or another relevant aspect of advanced
manufacturing, such as nanotechnology applications, advanced
ceramics, photonics and optics, composites, biobased and
advanced materials, flexible hybrid technologies, tool
development for microelectronics, food manufacturing,
superconductors, advanced battery technologies, robotics,
advanced sensors, quantum information science, supply chain
water optimization, aeronautics and advanced materials, and
graphene and graphene commercialization;
``(C) has the potential--
``(i) to improve the competitiveness of United States
manufacturing, including key advanced manufacturing
technologies such as nanotechnology, advanced ceramics,
photonics and optics, composites, biobased and advanced
materials, flexible hybrid technologies, tool development for
microelectronics, food manufacturing, superconductors,
advanced battery technologies, robotics, advanced sensors,
quantum information science, supply chain water optimization,
aeronautics and advanced materials, and graphene and graphene
commercialization;
``(ii) to accelerate non-Federal investment in advanced
manufacturing production capacity in the United States; or
``(iii) to enable the commercial application of new
technologies or industry-wide manufacturing processes; and
``(D) includes active participation among representatives
from multiple industrial entities, research universities,
community colleges, and other entities as appropriate, which
may include industry-led consortia, career and technical
education schools, Federal laboratories, State, local, and
Tribal governments, businesses, educational institutions, and
nonprofit organizations.
``(2) Activities.--
``(A) Required activities.--For purposes of this section, a
Manufacturing USA institute is also an institute that carries
out the following:
``(i) Research, development, and demonstration projects,
including proof-of-concept development and prototyping, to
reduce the cost, time, or risk of commercializing new
technologies and improvements in existing technologies,
processes, products, and research and development of
materials to solve precompetitive industrial problems with
economic or national security implications.
``(ii) Development and implementation of education,
training, and workforce recruitment courses, materials, and
programs addressing workforce needs through training and
education programs at all appropriate education levels,
including programs on applied engineering.
``(iii) Development of innovative methodologies and
practices for supply chain integration and introduction of
new technologies into supply chains, as appropriate.
``(iv) Outreach and engagement with small and medium-sized
manufacturing enterprises, including women, minority, and
veteran owned manufacturing enterprises, in addition to large
manufacturing enterprises.
``(v) Development of roadmaps or leveraging of existing
roadmaps with respect to technology areas being pursued by
that Manufacturing USA institute that take into account the
research and development undertaken at other
[[Page H9564]]
Manufacturing USA institutes and Federal agencies with
respect to such areas.
``(B) Permissible activities.--In addition to the
activities set forth under subparagraph (A), a Manufacturing
USA institute may carry out such other activities as may be
consistent with the purposes set forth under subsection
(b)(2).
``(3) Additional manufacturing usa institutes.--
``(A) In general.--Except as provided in subparagraph (C),
the National Additive Manufacturing Innovation Institute and
other manufacturing institutes formally recognized as
Manufacturing USA institutes pursuant to Federal law or
executive actions, or under pending interagency review for
such recognition as of December 16, 2014, shall be considered
Manufacturing USA institutes for purposes of this section.
``(B) Network participation.--Except as provided in
subparagraph (C), an institute that is substantially similar
to an institute described by paragraphs (1) and (2) but does
not meet every element of such description and does not
receive financial assistance under subsection (e) may, upon
request of the institute, be recognized as a Manufacturing
USA institute by the Secretary for purposes of participation
in the Network.
``(C) Applicability.--Effective beginning on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020, an institute shall be treated as a
Manufacturing USA institute under this section and subject to
subsections (b)(2), (d), and (e) in the same manner and to
the same extent as such provisions apply to a Manufacturing
USA institute described by paragraphs (1) and (2) if such
institute--
``(i)(I) is, as of such date of enactment, considered a
Manufacturing USA institute under subparagraph (A) or
recognized as a Manufacturing USA institute under
subparagraph (B); and
``(II) as of such date of enactment, receives Federal
financial assistance under subsection (e) or otherwise
consistent with the purposes of this section;
``(ii) is under pending agency review for such recognition
as of such date of enactment; or
``(iii) is currently funded by the Department of Energy.
``(e) Financial Assistance to Establish and Support
Manufacturing USA Institutes.--
``(1) Financial assistance authorized.--Under the Program,
the Secretary and the Secretary of Energy shall, and every
other agency head may, award financial assistance to a person
or group of persons to assist the person or group of persons
in planning, establishing, or supporting a Manufacturing USA
institute.
``(2) Period and renewal of awards.--
``(A) Initial periods.--An award of financial assistance
under paragraph (1) shall be awarded for an initial period of
not less than 5 years and not more than 7 years.
``(B) Renewal of awards.--
``(i) Renewal authorized.--An award of financial assistance
under paragraph (1) may be renewed for additional periods,
with each period not to exceed the duration of the initial
period of the award, subject to a rigorous merit review.
``(ii) Consideration of performance standards.--In carrying
out a rigorous merit review under clause (i) for renewal of
an award under such clause for a Manufacturing USA institute,
an agency head shall consider the extent to which the
institute has made progress in meeting the standards of
performance established pursuant to paragraph (5)(C).
``(iii) Initial failure to meet performance standards.--If,
pursuant to a rigorous merit review under clause (i) for
renewal of an award under such clause for a Manufacturing USA
institute, an agency head finds that the institute does not
meet the standards for performance established pursuant to
paragraph (5)(C), the agency head shall--
``(I) notify the institute of any deficiencies in the
performance of the institute; and
``(II) provide the institute one year to remedy such
deficiencies.
``(iv) Further failure to meet performance standards.--If a
Manufacturing USA institute fails to remedy a deficiency
identified or to show significant improvement in performance
during the 1-year period set forth under clause (iii)(II)--
``(I) the institute shall not be eligible for renewed award
under clause (i); and
``(II) the agency head that conducted the review for
renewal shall notify the institute of such ineligibility.
``(v) Continuation of existing manufacturing usa
institutes.--Not withstanding clauses (i) through (iv), a
Manufacturing USA institute already in existence or
undergoing a renewal process prior to December 1, 2019--
``(I) may continue to receive support for the duration of
the original funding award beginning on the date of
establishment of that institute; and
``(II) shall be eligible for renewal of that funding
pursuant to clause (i).
``(3) Application for financial assistance.--
``(A) In general.--A person or group of persons seeking
financial assistance under paragraph (1) shall submit to an
agency head an application therefor at such time, in such
manner, and containing such information as the agency head
may require.
``(B) Requirements.--An application submitted under
subparagraph (A) for an institute shall, at a minimum include
the following:
``(i) A description of the specific sources and amounts of
non-Federal financial support for the institute on the date
financial assistance is sought.
``(ii) A description of the anticipated sources and amounts
of non-Federal financial support during the period for which
the institute could be eligible for continued Federal
financial assistance under this section.
``(4) Selection.--
``(A) Competitive, merit review.--In awarding financial
assistance under paragraph (1), an agency head shall--
``(i) use a competitive, merit review process that includes
review by a diverse group of individuals with relevant
expertise from both the private and public sectors; and
``(ii) ensure that the technology focus of a Manufacturing
USA institute does not substantially duplicate the technology
focus of any other Manufacturing USA institute.
``(B) Participation in process.--
``(i) Prohibition on participation by political
appointees.--The review required by subparagraph (A)(i) may
not include a review by a group of individuals that includes
a political appointee.
``(ii) Conflict of interest policies.--Each agency head
shall implement a conflict of interest policy that--
``(I) ensures public transparency and accountability in the
process used under subparagraph (A)(i); and
``(II) requires full disclosure of any real or potential
conflicts of interest on the parts of individuals that
participate in the process used under subparagraph (A)(i).
``(iii) Definition of political appointee.--For purposes of
this subparagraph, the term `political appointee' has the
meaning given such term in section 714(h) of title 38, United
States Code.
``(C) Considerations.--In selecting a person or group of
persons who submitted an application to an agency head under
paragraph (3) for an award of financial assistance under
paragraph (1) for a Manufacturing USA institute, the agency
head shall consider, at a minimum, the following:
``(i) The potential of the Manufacturing USA institute to
advance domestic manufacturing and the likelihood of economic
impact, including the creation or preservation of jobs, in
the predominant focus areas of the institute.
``(ii) The commitment of continued financial support,
advice, participation, and other contributions from non-
Federal sources, to provide leverage and resources to promote
a stable and sustainable business model.
``(iii) Whether the financial support provided to the
Manufacturing USA institute from non-Federal sources exceeds
the requested Federal financial assistance.
``(iv) How the Manufacturing USA institute will increase
the non-Federal investment in advanced manufacturing research
in the United States.
``(v) How the Manufacturing USA institute will engage with
small and medium-sized manufacturing enterprises to improve
the capacity of such enterprises to commercialize new
processes and technologies and to improve the domestic supply
chain.
``(vi) How the Manufacturing USA institute will carry out
educational and workforce activities that meet industrial
needs related to the predominant focus areas of the
institute.
``(vii) How the Manufacturing USA institute will advance
economic competitiveness and generate substantial benefits to
the Nation that extend beyond the direct return to
participants in the Program.
``(viii) Whether the predominant focus of the Manufacturing
USA institute is a manufacturing process, novel material,
enabling technology, supply chain integration methodology, or
other relevant aspect of advanced manufacturing that has not
already been commercialized, marketed, distributed, or sold
by another entity.
``(ix) How the Manufacturing USA institute will strengthen
and leverage the industrial, research, entrepreneurship, and
other assets of a region.
``(x) How the Manufacturing USA institute will encourage
the education and training of veterans and individuals with
disabilities.
``(5) Performance measurement, transparency, and
accountability.--For each award of financial assistance under
paragraph (1) by an agency head, the agency head shall--
``(A) develop metrics to assess the effectiveness of the
activities funded in making progress toward the purposes of
the Program set forth under subsection (b)(2), including the
effectiveness of Manufacturing USA institutes in advancing
technology readiness levels or manufacturing readiness
levels;
``(B) establish standards for the performance of
Manufacturing USA institutes that are based on the metrics
developed under subparagraph (A); and
``(C) for each Manufacturing USA institute supported by the
award, 5 years after the initial award and every 5 years
thereafter until Federal financial assistance under this
subsection is discontinued, conduct an assessment of the
institute to confirm whether the performance of the institute
is meeting the standards for performance established under
subparagraph (B).
``(6) Collaboration.--In awarding financial assistance
under paragraph (1), an agency head, in coordination with the
National Program Office, as the agency head considers
appropriate, may collaborate with Federal departments and
agencies whose missions contribute to or are affected by
advanced manufacturing, including, as the agency head
considers appropriate, the Department of Agriculture, the
Department of Defense, the Department of Education, the
Department of Energy, the Department of Labor, the Food and
Drug Administration, the National Aeronautics and Space
Administration, the National Institutes of Health, and the
National Science Foundation.
``(7) Matching funds and preferences.--
``(A) In general.--Except as provided in subparagraph (B),
an agency head may not, with respect to a Manufacturing USA
institute,
[[Page H9565]]
award financial assistance under paragraph (1) or renew an
award of financial assistance under paragraph (2) unless the
agency head determines that non-Federal funding comprises 50
percent or more of the total amount of funding made available
for the operation and support of the institute.
``(B) Waivers.--An agency head awarding financial
assistance under paragraph (1) with respect to a
Manufacturing USA institute may waive the requirements of
subparagraph (A) in the case of satellite centers, large
capital facilities, equipment purchases, workforce
development, or general operations.
``(f) Grant Program for Public Service Activities for
Manufacturing USA Institutes Without Federal Funding.--The
Secretary may award a grant on a competitive basis to a
Manufacturing USA institute that is not receiving financial
assistance under subsection (e) to carry out workforce
development, outreach to small- and medium-sized
manufacturers, and other activities that--
``(1) are determined by the Secretary to be in the national
interest; and
``(2) are unlikely to receive private sector financial
support.
``(g) Authorization of Appropriations.--
``(1) NIST industrial technical services account.--To the
extent provided for in advance by appropriations Acts, the
Secretary may use amounts appropriated to the Industrial
Technical Services account to carry out this section as
follows:
``(A) For each of the fiscal years 2015 through 2019, an
amount not to exceed $5,000,000.
``(B) For each of fiscal years 2020 through 2030, such
amounts as may be necessary to carry out this section.
``(2) Department of energy.--There are authorized to be
appropriated to the Secretary of Energy for the provision of
financial assistance under subsection (e) by the Department
of Energy amounts as follows:
``(A) $70,000,000 for each of fiscal years 2020, 2021, and
2022.
``(B) $84,000,000 for each of fiscal years 2023 and 2024.
``(h) National Program Office.--
``(1) Establishment.--The Secretary shall establish, within
the Institute, the National Office of the Manufacturing USA
Network (referred to in this section as the `National Program
Office'), which shall oversee and carry out the Program.
``(2) Functions.--The functions of the National Program
Office are--
``(A) to oversee the planning, management, and coordination
of the Program;
``(B) to coordinate with and, as appropriate, enter into
memorandums of understanding with Federal departments and
agencies whose missions contribute to or are affected by
advanced manufacturing, including the Department of
Agriculture, the Department of Defense, the Department of
Education, the Department of Energy, the Department of Labor,
the Food and Drug Administration, the National Aeronautics
and Space Administration, the National Institutes of Health,
and the National Science Foundation, to carry out the
purposes set forth under subsection (b)(2);
``(C) to develop, not later than December 16, 2015, and
update not less frequently than once every 3 years
thereafter, a strategic plan to guide the Program;
``(D) to establish such procedures, processes, and criteria
as may be necessary and appropriate to maximize cooperation
and coordinate the activities of the Program with programs
and activities of other Federal departments and agencies
whose missions contribute to or are affected by advanced
manufacturing;
``(E) to establish a clearinghouse of public information
related to the activities of the Program;
``(F) to act as a convener of the Network;
``(G) to work with Federal agencies that are not sponsoring
or supporting a Manufacturing USA institute to explore and
develop options for sponsoring or supporting a Manufacturing
USA institute;
``(H) to work with Federal agencies that are sponsoring or
supporting a Manufacturing USA institute to develop and
implement network-wide performance goals with measurable
targets and timelines;
``(I) to help develop pilot programs that may be
implemented by the Manufacturing USA institutes to address
specific purposes of the Program, including to accelerate
technology transfer to the private sector and to develop
entrepreneurship programs;
``(J) to provide support services to promote workforce
development activities;
``(K) to identify and disseminate best practices for
workforce education and training across the Network and
further enhance collaboration among Manufacturing USA
institutes in developing and implementing such practices;
``(L) to collaborate with the Department of Labor, the
Department of Education, industry, career and technical
education schools, local community colleges, universities,
and labor organizations to provide input, as appropriate, for
the development of national certifications for advanced
manufacturing workforce skills in the technology areas of the
Manufacturing USA institutes; and
``(M) to coordinate with Manufacturing USA institutes to
develop best practices for the membership agreements and
coordination of similar project solicitations.
``(3) Recommendations.--In developing and updating the
strategic plan under paragraph (2)(C), the Secretary shall
solicit recommendations and advice from a wide range of
stakeholders, including industry, small and medium-sized
manufacturing enterprises, research universities, community
colleges, State, Tribal, and local governments, and other
relevant organizations and institutions on an ongoing basis.
``(4) Report to congress.--Upon completion, the Secretary
shall transmit the strategic plan required under paragraph
(2)(C) to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
``(5) Hollings manufacturing extension partnership.--
``(A) In general.--The Secretary shall ensure that the
National Program Office leverages the capabilities of the
Hollings Manufacturing Extension Partnership into Program
planning to ensure--
``(i) significant outreach to, participation of, and
engagement of small- and medium-sized manufacturers in
Manufacturing USA institutes across the entirety of the
manufacturing supply chain; and
``(ii) that the results of the Program, including
technologies developed by the Program, reach small- and
medium-sized manufacturers and that such entities have access
to technical assistance, as appropriate, in deploying those
technologies.
``(B) Liaisons.--The Secretary may provide financial
assistance to a manufacturing extension center established as
part of the Hollings Manufacturing Extension Partnership to
support the purposes of the Program by providing services in
one or more of the following areas:
``(i) Support services for small- and medium-sized
manufacturers, that many include the designation of a
liaison.
``(ii) Assistance with workforce development.
``(iii) Technology transfer for small and medium-sized
manufacturers.
``(iv) Such other areas as the Secretary determines
appropriate to support the purposes of the Program.
``(6) Detailees.--Any Federal Government employee may be
detailed to the National Program Office without
reimbursement. Such detail shall be without interruption or
loss of civil service status or privilege.
``(i) Reporting and Auditing.--
``(1) Annual reports to the secretary.--
``(A) In general.--Not less frequently than once each year,
each agency head that is providing financial assistance under
subsection (e) shall--
``(i) require each recipient of such financial assistance
submit to the agency head a report that describes the
finances and performance of the Manufacturing USA institute
with respect to which the financial assistance is awarded;
and
``(ii) submit to the Secretary each report received by the
agency head under clause (i).
``(B) Elements.--Each report submitted under subparagraph
(A) shall include:
``(i) an accounting of expenditures of amounts awarded to
the recipient under subsection (e); and
``(ii) consistent with the standards for performance
established under subsection (e)(5)(B), a description of the
performance of the Manufacturing USA institute with respect
to--
``(I) its goals, plans, financial support, and
accomplishments; and
``(II) how the Manufacturing USA institute has furthered
the purposes set forth under subsection (b)(2).
``(2) Annual reports to congress.--
``(A) In general.--Not less frequently than once each year
until December 31, 2030, the Secretary shall submit a report
to Congress that describes the performance of the Program
during the most recent 1-year period.
``(B) Elements.--Each report submitted under subparagraph
(A) shall include, for the period covered by the report--
``(i) a summary and assessment of the reports received by
the Secretary under paragraph (1);
``(ii) an accounting of the funds expended by the Secretary
under the Program, including any waivers made under
subsection (e)(7)(B);
``(iii) an assessment of the participation in, and
contributions to, the Network by any Manufacturing USA
institutes not receiving financial assistance under
subsection (e); and
``(iv) an assessment of the Program with respect to meeting
the purposes set forth under subsection (b)(2).
``(3) Assessments by comptroller general of the united
states.--
``(A) Assessments.--Not less frequently than once every 3
years, the Comptroller General of the United States shall
submit to Congress an assessment of the operation of the
Program during the most recent 3-year period, including an
assessment of the progress made towards achieving the goals
specified in the national strategic plan for advanced
manufacturing required under section 102(b)(7) of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(b)(7)).
``(B) Elements.--Each assessment submitted under
subparagraph (A) shall include, for the period covered by the
report--
``(i) a review of the management, coordination, and
industry utility of the Program;
``(ii) an assessment of the extent to which the Program has
furthered the purposes set forth under subsection (b)(2);
``(iii) such recommendations for legislative and
administrative action as the Comptroller General considers
appropriate to improve the Program; and
``(iv) an assessment as to whether any prior
recommendations for improvement made by the Comptroller
General have been implemented or adopted.
``(C) Final assessment.--No later than December 31, 2030,
the Comptroller General shall submit to Congress a final
report regarding the overall success of the Program.
``(j) Additional Authorities.--
``(1) Appointment of personnel and contracts.--The
Secretary may appoint such personnel and enter into such
contracts, financial assistance agreements, and other
agreements as the Secretary considers necessary or
appropriate
[[Page H9566]]
to carry out the Program, including support for research and
development activities involving a Manufacturing USA
institute.
``(2) Transfer of funds.--Of amounts available under the
authority provided by subsection (g), the Secretary may
transfer to other Federal agencies such sums as the Secretary
considers necessary or appropriate to carry out the Program.
No funds so transferred may be used to reimburse or otherwise
pay for the costs of financial assistance incurred or
commitments of financial assistance made prior to December
16, 2014.
``(3) Authority of other agencies.--In the event that the
Secretary exercises the authority to transfer funds to
another agency under paragraph (2), such agency may accept
such funds to award and administer, under the same conditions
and constraints applicable to the Secretary, all aspects of
financial assistance awards under this section.
``(4) Use of resources.--In furtherance of the purposes of
the Program, the Secretary may use, with the consent of a
covered entity and with or without reimbursement, the land,
services, equipment, personnel, and facilities of such
covered entity.
``(5) Acceptance of resources.--In addition to amounts
appropriated to carry out the Program, the Secretary may
accept funds, services, equipment, personnel, and facilities
from any covered entity to carry out the Program, subject to
the same conditions and constraints otherwise applicable to
the Secretary under this section and such funds may only be
obligated to the extent provided for in advance by
appropriations Acts.
``(6) Covered entities.--For purposes of this subsection, a
covered entity is any Federal department, Federal agency,
instrumentality of the United States, State, local
government, Tribal government, territory, or possession of
the United States, or of any political subdivision thereof,
or international organization, or any public or private
entity or individual.
``(7) Collaborations with other agencies.--The Secretary
shall collaborate with Federal agencies whose missions
contribute to, or are affected by, advanced manufacturing to
identify and leverage existing resources at such Federal
agencies to assist Manufacturing USA institutes in carrying
out the purposes of the Program set forth under subsection
(b)(2). Such existing resources may include programs--
``(A) at the Department of Labor relating to labor and
apprenticeships;
``(B) at the Economic Development Administration relating
to regional innovation, such as the Regional Innovation
Strategies program;
``(C) at the Department of Education relating to workforce
development, education, training, and retraining;
``(D) at the Department of Defense relating to procurement
and other authorities of the Department of Defense;
``(E) at the Food and Drug Administration relating to
biopharmaceutical manufacturing;
``(F) at the National Science Foundation, including the
Advanced Technological Education program;
``(G) at the National Aeronautics and Space Administration
relating to procurement, workforce development, education,
training, and retraining;
``(H) at the Department of Energy relating to development
of clean energy technologies and other authorities of the
Department of Energy;
``(I) at the Department of Agriculture relating to outreach
to rural communities;
``(J) additional programs that the Secretary determines are
appropriate to support the activities of existing
Manufacturing USA institutes; and
``(K) additional programs that the Secretary determines are
appropriate to support the activities of existing
Manufacturing USA institutes.
``(k) Patents.--Chapter 18 of title 35, United States Code,
shall apply to any funding agreement (as defined in section
201 of that title) awarded to new or existing Manufacturing
USA institutes with respect to which financial assistance is
awarded under subsection (e).
``(l) References to Prior Names and Terminology.--Any
reference in law, regulation, map, document, paper, or other
record of the United States to the `Network for Manufacturing
Innovation Program', the `Network for Manufacturing
Innovation', `National Office of the Network for
Manufacturing Innovation Program', or a `center for
manufacturing innovation' shall be considered to be a
reference to the Manufacturing USA Program, the Manufacturing
USA Network, the National Office of the Manufacturing USA
Network, or a Manufacturing USA institute, respectively.''.
(b) Expansion of Manufacturing USA Network.--Subject to the
availability of appropriations, the Secretary of Commerce
shall take such actions as may be necessary to increase the
number of Manufacturing USA institutes that participate in
the Manufacturing USA Network.
SEC. 1742. REGIONAL INNOVATION PROGRAM.
Section 27 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722) is amended to read as follows:
``SEC. 27. REGIONAL INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State;
``(B) an Indian tribe;
``(C) a city or other political subdivision of a State;
``(D) an entity that--
``(i) is a nonprofit organization, an institution of higher
education, a public-private partnership, a science or
research park, a Federal laboratory, a venture development
organization, or an economic development organization or
similar entity that is focused primarily on improving
science, technology, innovation, or entrepreneurship; and
``(ii) has an application submitted under subsection (c)(4)
that is supported by a State or a political subdivision of a
State; or
``(E) a consortium of any of the entities described in
subparagraphs (A) through (D).
``(2) Regional innovation initiative.--The term `regional
innovation initiative' means a geographically-bounded public
or nonprofit activity or program to address issues in the
local innovation systems in order to--
``(A) increase the success of innovation-driven industry;
``(B) strengthen the competitiveness of industry through
new product innovation and new technology adoption;
``(C) improve the pace of market readiness and overall
commercialization of innovative research;
``(D) enhance the overall innovation capacity and long-term
resilience of the region;
``(E) leverage the region's unique competitive strengths to
stimulate innovation; and
``(F) increase the number of full-time equivalent
employment opportunities within innovation-based business
ventures in the geographic region.
``(3) State.--The term `State' means one of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or any other territory or
possession of the United States.
``(4) Venture development organization.--The term `venture
development organization' means a State or nonprofit
organization that contributes to regional or sector-based
economic prosperity by providing services for the purposes of
accelerating the commercialization of research.
``(b) Establishment.--The Secretary shall establish a
regional innovation program to encourage and support the
development of regional innovation strategies designed to
increase innovation-driven economic opportunity within their
respective regions.
``(c) Regional Innovation Grants.--
``(1) Authorization of grants.--As part of the program
established pursuant to subsection (b), the Secretary may
award grants, on a competitive basis, to eligible recipients
for activities designed to develop and support a regional
innovation initiative.
``(2) Permissible activities.--A grant awarded under this
subsection shall be used for multiple activities determined
appropriate by the Secretary, including--
``(A) planning, technical assistance, and communication
among participants of a regional innovation initiative to
improve the connectedness and strategic orientation of the
regional innovation initiative;
``(B) attracting additional participants to a regional
innovation initiative;
``(C) increasing the availability and investment of private
and philanthropic financing that supports innovation-based
business ventures; and
``(D) facilitating commercialization of products,
processes, and services, including through demonstration,
deployment, technology transfer, and entrepreneurial
activities.
``(3) Restricted activities.--Grants awarded under this
subsection may not be used to pay for--
``(A) costs related to the recruitment, inducement, or
associated financial or tangible incentives that might be
offered to relocate an existing business from a geographic
area to another geographic area; or
``(B) costs associated with offsetting revenues forgone by
1 or more taxing authorities through tax incentives, tax
increment financing, special improvement districts, tax
abatements for private development within designated zones or
geographic areas, or other reduction in revenues resulting
from tax credits affecting the geographic region of the
eligible recipients.
``(4) Applications.--
``(A) In general.--An eligible recipient shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
``(B) Components.--Each application submitted under
subparagraph (A) shall--
``(i) describe the regional innovation initiative;
``(ii) indicate whether the regional innovation initiative
is supported by the private sector, State and local
governments, and other relevant stakeholders;
``(iii) identify what activities the regional innovation
initiative will undertake;
``(iv) describe the expected outcomes of the regional
innovation initiative and the metrics the eligible recipient
will use to assess progress toward those outcomes;
``(v) indicate whether the participants in the regional
innovation initiative have access to, or contribute to, a
well-trained workforce and other innovation assets that are
critical to the successful outcomes specified in the
application;
``(vi) indicate whether the participants in the regional
innovation initiative are capable of attracting additional
funds from non-Federal sources; and
``(vii) if appropriate for the activities proposed in the
application, analyze the likelihood that the participants in
the regional innovation initiative will be able to sustain
activities after grant funds received under this subsection
have been expended.
``(C) Feedback.--The Secretary shall provide feedback to
program applicants that are not awarded grants to help them
improve future applications.
``(D) Special considerations.--The Secretary shall give
special consideration to--
[[Page H9567]]
``(i) applications proposing to include workforce or
training related activities in their regional innovation
initiative from eligible recipients who agree to collaborate
with local workforce investment area boards; and
``(ii) applications from regions that contain communities
negatively impacted by trade.
``(5) Cost share.--The Secretary may not provide more than
50 percent of the total cost of any activity funded under
this subsection.
``(6) Outreach to rural communities.--The Secretary shall
conduct outreach to public and private sector entities in
rural communities to encourage those entities to participate
in regional innovation initiatives under this subsection.
``(7) Geographic distribution.--In conducting a competitive
process, the Secretary shall avoid undue geographic
concentration among any one category of States based on their
predominant rural or urban character as indicated by
population density.
``(8) Funding.--The Secretary may accept funds from other
Federal agencies to support grants and activities under this
subsection.
``(d) Regional Innovation Research and Information
Program.--
``(1) In general.--As part of the program established
pursuant to subsection (b), the Secretary shall establish a
regional innovation research and information program--
``(A) to gather, analyze, and disseminate information on
best practices for regional innovation initiatives, including
information relating to how innovation, productivity, and
economic development can be maximized through such
strategies;
``(B) to provide technical assistance, including through
the development of technical assistance guides, for the
development and implementation of regional innovation
initiatives;
``(C) to support the development of relevant metrics and
measurement standards to evaluate regional innovation
initiatives, including the extent to which such strategies
stimulate innovation, productivity, and economic development;
and
``(D) to collect and make available data on regional
innovation initiatives in the United States, including data
on--
``(i) the size, specialization, and competitiveness of
regional innovation initiatives;
``(ii) the regional domestic product contribution, total
jobs and earnings by key occupations, establishment size,
nature of specialization, patents, Federal research and
development spending, and other relevant information for
regional innovation initiatives; and
``(iii) supply chain product and service flows within and
between regional innovation initiatives.
``(2) Research grants.--The Secretary may award research
grants on a competitive basis to support and further the
goals of the program established under this section.
``(3) Dissemination of information.--Data and analysis
compiled by the Secretary under the program established in
this subsection shall be made available to other Federal
agencies, State and local governments, and nonprofit and for-
profit entities.
``(4) Regional innovation grant program.--The Secretary
shall incorporate data and analysis relating to any grant
awarded under subsection (c) into the program established
under this subsection.
``(e) Interagency Coordination.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under
this section are coordinated with, and do not duplicate the
efforts of, other programs at the Department of Commerce or
at other Federal agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall explore and pursue
collaboration with other Federal agencies, including through
multi-agency funding opportunities, on regional innovation
strategies.
``(B) Small businesses.--The Secretary shall ensure that
such collaboration with Federal agencies prioritizes the
needs and challenges of small businesses.
``(f) Evaluation.--
``(1) In general.--Not later than 5 years after Congress
first appropriates funds to carry out this section, the
Secretary shall competitively award a contract with an
independent entity to conduct an evaluation of programs
established under this section.
``(2) Requirements.--The evaluation conducted under
paragraph (1) shall include--
``(A) an assessment of whether the program is achieving its
goals;
``(B) the program's efficacy in providing awards to
geographically diverse entities;
``(C) any recommendations for how the program may be
improved; and
``(D) a recommendation as to whether the program should be
continued or terminated.
``(g) Reporting Requirement.--Not later than 5 years after
the first grant is awarded under subsection (c), and every 5
years thereafter until 5 years after the last grant recipient
completes the regional innovation initiative for which such
grant was awarded, the Secretary shall submit a summary
report to Congress that describes the outcome of each
regional innovation initiative that was completed during the
previous 5 years.
``(h) Funding.--From amounts appropriated by Congress to
the Secretary, the Secretary may use up to $50,000,000 in
each of the fiscal years 2020 through 2024 to carry out this
section.''.
SEC. 1743. AVIATION WORKFORCE DEVELOPMENT.
(a) In General.--Section 625(c)(1) of the FAA
Reauthorization Act of 2018 (Public Law 115-254) is amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon;
(2) in subparagraph (D), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) an organization representing aircraft users, aircraft
owners, or aircraft pilots.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the FAA
Reauthorization Act of 2018 (Public Law 115-254).
SEC. 1744. OVERSIGHT OF DEPARTMENT OF DEFENSE EXECUTE ORDERS.
(a) Review of Execute Orders.--Not later than 30 days after
receiving a written request by the Chairman or Ranking Member
of a congressional defense committee, the Secretary of
Defense shall provide the committee, including appropriately
designated staff of the committee, with--
(1) an execute order approved by the Secretary or the
commander of a combatant command for review; and
(2) a detailed briefing on such execute order.
(b) Exception.--
(1) In general.--In extraordinary circumstances necessary
to protect operations security or the sensitivity of the
execute order, the Secretary may limit review of an execute
order. A determination that extraordinary circumstances exist
for purposes of this paragraph may only be made by the
Secretary and the decision to limit the review of an execute
order may not be delegated.
(2) Summary and other information.--In extraordinary
circumstances described in paragraph (1) with respect to an
execute order, within 30 days of receiving a written request
under subsection (a), the Secretary shall provide to the
committee concerned, including appropriately designated staff
of the committee--
(A) a written explanation of the extraordinary
circumstances that led to the determination by the Secretary
to limit review of the execute order; and
(B) a detailed summary of the execute order and other
information necessary for the conduct of the oversight duties
of the committee.
(c) Quarterly Report.--Not later than 30 days after the
date on which the budget of the President is submitted to
Congress under section 1105(a) of title 31, United States
Code, for fiscal year 2021 and every 90 days thereafter, the
Secretary of Defense shall submit to the congressional
defense committees a comprehensive report identifying and
summarizing all execute orders approved by the Secretary or
the commander of a combatant command in effect for the
Department of Defense as of the date of the report.
SEC. 1745. PROCESSES AND PROCEDURES FOR NOTIFICATIONS
REGARDING SPECIAL OPERATIONS FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish and submit to the congressional defense committees
processes and procedures for providing notifications to the
committees regarding members of special operations forces, as
identified in section 167(j) of title 10, United States Code.
(b) Processes and Procedures.--The processes and procedures
established under subsection (a) shall--
(1) clarify the roles and responsibilities of the
Secretaries of the military departments, the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, and the Commander of United States Special
Operations Command;
(2) provide guidance relating to the types of matters that
would warrant congressional notification, including awards,
reprimands, incidents, and any other matters the Secretary
determines necessary;
(3) be consistent with the national security of the United
States;
(4) be designed to protect sensitive information during an
ongoing investigation;
(5) account for the privacy of members of the Armed Forces;
and
(6) take in to account existing processes and procedures
for notifications to the congressional defense committees
regarding members of the conventional Armed Forces.
SEC. 1746. SECURING AMERICAN SCIENCE AND TECHNOLOGY.
(a) Interagency Working Group.--
(1) In general.--The Director of the Office of Science and
Technology Policy, acting through the National Science and
Technology Council, in consultation with the National
Security Advisor, shall establish or designate an interagency
working group to coordinate activities to protect federally
funded research and development from foreign interference,
cyber attacks, theft, or espionage and to develop common
definitions and best practices for Federal science agencies
and grantees, while accounting for the importance of the open
exchange of ideas and international talent required for
scientific progress and American leadership in science and
technology.
(2) Membership.--
(A) In general.--The working group shall include at least
one representative of--
(i) the National Science Foundation;
(ii) the Department of Energy;
(iii) the National Aeronautics and Space Administration;
(iv) the Department of Commerce;
(v) the Department of Health and Human Services;
(vi) the Department of Defense;
(vii) the Department of Agriculture;
(viii) the Department of Education;
(ix) the Department of State;
(x) the Department of the Treasury;
(xi) the Department of Justice;
(xii) the Department of Homeland Security;
(xiii) the Central Intelligence Agency;
(xiv) the Office of the Director of National Intelligence;
(xv) the Office of Management and Budget;
(xvi) the National Economic Council; and
(xvii) such other Federal department or agency as the
President considers appropriate.
[[Page H9568]]
(B) Chair.--The working group shall be chaired by the
Director of the Office of Science and Technology Policy (or
the Director's designee).
(3) Responsibilities of the working group.--The working
group established under paragraph (1) shall--
(A) identify known and potential cyber, physical, and human
intelligence threats and vulnerabilities within the United
States scientific and technological enterprise;
(B) coordinate efforts among agencies to share and update
important information, including specific examples of foreign
interference, cyber attacks, theft, or espionage directed at
federally funded research and development or the integrity of
the United States scientific enterprise;
(C) identify and assess existing mechanisms for protection
of federally funded research and development;
(D) develop an inventory of--
(i) terms and definitions used across Federal science
agencies to delineate areas that may require additional
protection; and
(ii) policies and procedures at Federal science agencies
regarding protection of federally funded research; and
(E) develop and periodically update unclassified
recommendations for policy guidance to assist Federal science
agencies and grantees in defending against threats to
federally funded research and development and the integrity
of the United States scientific enterprise that--
(i) includes--
(I) descriptions of known and potential threats to
federally funded research and development and the integrity
of the United States scientific enterprise;
(II) common definitions and terminology for categorization
of research and technologies that are protected;
(III) identified areas of research or technology that might
require additional protection;
(IV) recommendations for how control mechanisms can be
utilized to protect federally funded research and development
from foreign interference, cyber attacks, theft or espionage,
including any recommendations for updates to existing control
mechanisms;
(V) recommendations for best practices for Federal science
agencies, universities, and grantees to defend against
threats to federally funded research and development,
including coordination and harmonization of any relevant
reporting requirements that Federal science agencies
implement for grantees, and by providing such best practices
with grantees and universities at the time of awarding such
grants or entering into research contracts;
(VI) a remediation plan for grantees and universities to
mitigate the risks regarding such threats before research
grants or contracts are cancelled because of such threats;
(VII) recommendations for providing opportunities and
facilities for academic researchers to perform controlled and
classified research in support of Federal missions;
(VIII) assessments of potential consequences that any
proposed practices would have on international collaboration
and United States leadership in science and technology; and
(IX) a classified addendum as necessary to further inform
Federal science agency decisionmaking; and
(ii) accounts for the range of needs across different
sectors of the United States science and technology
enterprise.
(4) Policy guidance.--Not later than 270 days after the
date of the enactment of this Act, the Director of the Office
of Science and Technology Policy, in consultation with the
working group established under paragraph (1), shall--
(A) develop and issue policy guidance to Federal science
agencies with more than $100,000,000 in extramural research
in fiscal year 2018 to protect against threats to federally
funded research and the United States science enterprise,
including foreign interference, cyber attacks, theft, or
espionage; and
(B) encourage consistency in the policies developed by
Federal science agencies with more than $100,000,000 in
extramural research in fiscal year 2018, as appropriate, and
factoring in the potential range of applications across
different areas of science and technology.
(5) Coordination with national academies roundtable.--The
Director of the Office of Science and Technology Policy shall
coordinate with the Academies to ensure that at least one
member of the interagency working group is also a member of
the roundtable under subsection (b).
(6) Interim report.--Not later than six months after the
date of enactment of this Act, the Director of the Office of
Science and Technology Policy shall provide a report to the
relevant committees that includes the inventory required
under paragraph (3)(D), and an update on progress toward
developing the policy guidance required under paragraphs
(3)(E) and (4), as well as any additional activities
undertaken by the working group in that time.
(7) Biennial reporting.--Two years after the date of
enactment of this Act, and at least every two years
thereafter, the Director of the Office of Science and
Technology Policy shall provide a summary report to the
relevant committees on the activities of the working group
and the most current version of the policy guidance required
under paragraph (4).
(8) Termination.--The working group established or
designated under paragraph (1) shall terminate on the date
that is ten years after the date on which such working group
is established or designated.
(b) National Academies Science, Technology and Security
Roundtable.--
(1) In general.--The National Science Foundation, the
Department of Energy, and the Department of Defense, and any
other agencies as determined by the Director of the Office of
Science and Technology Policy, shall enter into a joint
agreement with the Academies to create a new ``National
Science, Technology, and Security Roundtable'' (hereinafter
in this subsection referred to as the ``roundtable'').
(2) Participants.--The roundtable shall include senior
representatives and practitioners from Federal science,
intelligence, and national security agencies, law
enforcement, as well as key stakeholders in the United States
scientific enterprise including institutions of higher
education, Federal research laboratories, industry, and non-
profit research organizations.
(3) Purpose.--The purpose of the roundtable is to
facilitate among participants--
(A) exploration of critical issues related to protecting
United States national and economic security while ensuring
the open exchange of ideas and international talent required
for scientific progress and American leadership in science
and technology;
(B) identification and consideration of security threats
and risks involving federally funded research and
development, including foreign interference, cyber attacks,
theft, or espionage;
(C) identification of effective approaches for
communicating the threats and risks identified in
subparagraph (b) to the academic and scientific community,
including through the sharing of unclassified data and
relevant case studies;
(D) sharing of best practices for addressing and mitigating
the threats and risks identified in subparagraph (B); and
(E) examination of potential near- and long-term responses
by the Government and the academic and scientific community
to mitigate and address the risks associated with foreign
threats.
(4) Report and briefing.--The joint agreement under
paragraph (1) shall specify that--
(A) the roundtable shall periodically organize workshops
and issue publicly available reports on the topics described
in paragraph (3) and the activities of the roundtable;
(B) not later than March 1, 2020, the Academies shall
provide a briefing to the relevant committees on the progress
and activities of the roundtable; and
(C) the Academies shall issue a final report on its
activities to the relevant committees before the end of
fiscal year 2024.
(5) Termination.--The roundtable shall terminate on
September 30, 2024.
(c) Definitions.--In this section:
(1) The term ``Academies'' means the National Academies of
Science, Engineering and Medicine.
(2) The term ``Federal science agency'' means any Federal
agency with at least $100,000,000 in basic and applied
research obligations in fiscal year 2018.
(3) The term ``grantee'' means an entity that is--
(A) a recipient or subrecipient of a Federal grant or
cooperative agreement; and
(B) an institution of higher education or a non-profit
organization.
(4) The term ``relevant committees'' means--
(A) the Committee on Science, Space, and Technology of the
House of Representatives;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Armed Services of the House of
Representatives;
(D) the Committee on Armed Services of the Senate; and
(E) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 1747. STANDARDIZED POLICY GUIDANCE FOR CALCULATING
AIRCRAFT OPERATION AND SUSTAINMENT COSTS.
Not later than 270 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Director of Cost
Analysis and Program Evaluation and in consultation with the
Secretary of each of the military services, shall develop and
implement standardized policy guidance for calculating
aircraft operation and sustainment costs for the Department
of Defense. Such guidance shall provide for a standardized
calculation of--
(1) aircraft cost per flying hour;
(2) aircraft cost per aircraft tail per year;
(3) total cost of ownership per flying hour for aircraft
systems;
(4) average annual operation and sustainment cost per
aircraft; and
(5) any other cost metrics the Under Secretary of Defense
determines appropriate.
SEC. 1748. SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of Transportation, and the Secretary of State,
shall jointly establish a Special Federal Aviation Regulation
(in this section referred to as the ``SFAR'') interagency
working group to review the current options for the
Department of Defense to use contracted United States civil
aviation to provide support for Department of Defense
missions in areas where a Federal Aviation Administration
SFAR is in effect.
(b) Duties.--The working group shall--
(1) analyze all options currently available for the
Department of Defense to use contracted United States civil
aviation to provide support for Department of Defense
missions in areas where a Federal Aviation Administration
SFAR is in effect;
(2) review existing processes of the Department of Defense,
the Federal Aviation Administration, and the Department of
State, with respect to the Department of Defense's use of
contracted United States civil aviation in areas where a
Federal Aviation Administration SFAR is in effect;
(3) identify any issues, inefficiencies, or concerns with
the existing options and processes, including safety of
flight, legal considerations, mission delivery, and security
considerations; and
(4) develop recommendations, if any, to improve existing
processes or expand the options
[[Page H9569]]
available for the Department of Defense to use contracted
United States civil aviation to provide support to Department
of Defense missions in areas where a Federal Aviation
Administration SFAR is in effect.
(c) Members.--
(1) Appointment.--The Secretary of Defense, the Secretary
of Transportation, and the Secretary of State shall each
appoint not more than 5 members to the working group with
expertise in civil aviation safety, state aircraft
operations, the provision of contracted aviation support to
the Department of Defense, and the coordination of such
efforts between the Department of Defense, the Department of
State, and the Federal Aviation Administration. The 5 members
appointed by the Secretary of Transportation shall include at
least 3 members from the Federal Aviation Administration.
(2) Qualifications.--All working group members shall be
full-time employees of the Federal Government with
appropriate security clearances to allow discussion of all
classified information and materials necessary to fulfill the
working group's duties pursuant to subsection (b).
(d) Report.--Not later than 1 year after the date it is
established, the working group shall submit a report on its
findings and any recommendations developed pursuant to
subsection (b) to the congressional defense committees, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives.
(e) Termination.--The working group shall terminate 90 days
after the date the report is submitted under subsection (d).
(f) Definitions.--In this section the following definitions
apply:
(1) The term ``United States civil aviation'' means--
(A) United States air carriers and United States commercial
operators;
(B) persons exercising the privileges of an airman
certificate issued by the FAA, except such persons operating
United States-registered aircraft for a foreign air carrier;
and
(C) operators of civil aircraft registered in the United
States, except where the operator of such aircraft is a
foreign air carrier.
(2) The term ``Federal Aviation Administration SFAR'' means
the Special Federal Aviation Regulation included under
subpart M of part 91 of title 14, Code of Federal
Regulations.
SEC. 1749. PROHIBITION ON NAMES RELATED TO THE CONFEDERACY.
(a) Prohibition on Names Related to the Confederacy.--In
naming a new asset or renaming an existing asset, the
Secretary of Defense or the Secretary of a military
department may not give a name to an asset that refers to, or
includes a term referring to, the Confederate States of
America (commonly referred to as the ``Confederacy''),
including any name referring to--
(1) a person who served or held leadership within the
Confederacy; or
(2) a Confederate battlefield victory.
(b) Asset Defined.--In this section, the term ``asset''
includes any base, installation, facility, aircraft, ship,
equipment, or any other property owned or controlled by the
Department of Defense or a military department.
(c) Savings Clause.--Nothing in this section may be
construed as requiring a Secretary concerned to initiate a
review of previously named assets.
SEC. 1750. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS
PROGRAM.
Of the funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense, the Secretary
of Defense may contribute up to $5,000,000 to support the
National Maritime Heritage Grants Program established under
section 308703 of title 54, United States Code.
SEC. 1751. SUPPORT FOR WORLD LANGUAGE ADVANCEMENT AND
READINESS.
(a) Program Authority.--
(1) In general.--The Secretary of Defense, in consultation
with the Director of National Intelligence and the Secretary
of Education, may carry out a program under which the
Secretary may provide support to eligible entities for the
establishment, improvement, or expansion of world language
study for elementary school and secondary school students.
(2) Special requirements for local educational agencies.--
In providing support under paragraph (1) to an eligible
entity that is a local educational agency, the Secretary of
Defense shall support programs that--
(A) show the promise of being continued after such support
is no longer available;
(B) demonstrate approaches that can be disseminated to and
duplicated in other local educational agencies; and
(C) may include a professional development component.
(3) Applications.--
(A) In general.--To be considered for support under
paragraph (1), an eligible entity shall submit an application
to the Secretary of Defense at such time, in such manner, and
containing such information and assurances as the Secretary
may require.
(B) Special consideration.--The Secretary of Defense shall
give special consideration to applications describing
programs that--
(i) include intensive summer world language programs for
professional development of world language teachers;
(ii) link nonnative English speakers in the community with
the schools in order to promote two-way language learning;
(iii) promote the sequential study of a world language for
students, beginning in elementary schools;
(iv) make effective use of technology, such as computer-
assisted instruction, language laboratories, or distance
learning, to promote world language study;
(v) promote innovative activities, such as dual language
immersion, partial world language immersion, or content-based
instruction; and
(vi) are carried out through a consortium comprised of the
eligible entity receiving the grant, an elementary school or
secondary school, and an institution of higher education (as
that term is defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)).
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
the following:
(A) A local educational agency that hosts a unit of the
Junior Reserve Officers' Training Corps.
(B) A school operated by the Department of Defense
Education Activity.
(2) Esea terms.--The terms ``elementary school'', ``local
educational agency'' and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) World language.--The term ``world language'' means--
(A) any natural language other than English, including--
(i) languages determined by the Secretary of Defense to be
critical to the national security interests of the United
States;
(ii) classical languages;
(iii) American sign language; and
(iv) Native American languages; and
(B) any language described in subparagraph (A) that is
taught in combination with English as part of a dual language
or immersion learning program.
SEC. 1752. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC
ARCTIC PORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States and the
Department of Defense must better align its presence, force
posture, and capabilities to meet the growing array of
challenges in the region; and
(2) although much progress has been made to increase
awareness of Arctic issues and to promote increased presence
in the region, additional measures, including the designation
of one or more strategic Arctic ports, are needed to show the
commitment of the United States to this emerging strategic
choke point of future great power competition.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, shall submit to
the congressional defense committees a report evaluating
potential sites for one or more strategic ports in the
Arctic.
(2) Elements.--Consistent with the updated military
strategy for the protection of United States national
security interests in the Arctic region set forth in the
report required under section 1071 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 114-92;
129 Stat. 992), the report required under paragraph (1) shall
include--
(A) an evaluation of the amount of sufficient and suitable
space needed to create capacity for port and other necessary
infrastructure for at least one of each of type of Navy or
Coast Guard vessel, including an Arleigh Burke class
destroyer of the Navy, a national security cutter, and a
heavy polar ice breaker of the Coast Guard;
(B) an evaluation of the amount of sufficient and suitable
space needed to create capacity for equipment and fuel
storage, technological infrastructure, and civil
infrastructure to support military and civilian operations,
including--
(i) aerospace warning;
(ii) maritime surface and subsurface warning;
(iii) maritime control and defense;
(iv) maritime domain awareness;
(v) homeland defense;
(vi) defense support to civil authorities;
(vii) humanitarian relief;
(viii) search and rescue;
(ix) disaster relief;
(x) oil spill response;
(xi) medical stabilization and evacuation; and
(xii) meteorological measurements and forecasting;
(C) an identification of proximity and road access required
to an airport designated as a commercial service airport by
the Federal Aviation Administration that is capable of
supporting military and civilian aircraft for operations
designated in subparagraph (B);
(D) a description of the requirements, to include
infrastructure and installations, communications, and
logistics necessary to improve response effectiveness to
support military and civilian operations described in
subparagraph (B);
(E) an identification of the sites that the Secretary
recommends as potential sites for designation as Department
of Defense Strategic Arctic Ports;
(F) the estimated cost of sufficient construction necessary
to initiate and sustain expected operations at such sites;
and
(G) such other information as the Secretary deems relevant.
(c) Designation of Strategic Arctic Ports.--Not later than
90 days after the date on which the report required under
subsection (b) is submitted, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, may designate
one or more ports as Department of Defense Strategic Arctic
Ports from the sites identified under subsection (b)(2)(E).
[[Page H9570]]
(d) Rule of Construction.--Nothing in this section may be
construed to authorize any additional appropriations for the
Department of Defense for the establishment of any port
designated pursuant to this section.
(e) Arctic Defined.--In this section, the term ``Arctic''
has the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 1753. INDEPENDENT STUDIES REGARDING POTENTIAL COST
SAVINGS WITH RESPECT TO THE NUCLEAR SECURITY
ENTERPRISE AND FORCE STRUCTURE .
(a) Review of Nuclear Deterrence Postures.--
(1) In general.--The Secretary of Defense shall seek to
enter into agreements with two federally funded research and
development centers for the conduct of independent reviews of
alternative defense postures that achieve United States
national security objectives and could produce cost savings.
Each such review shall include--
(A) alternative nuclear deterrence postures to achieve
national security objectives, including two alternatives with
reduced and increased force posture levels;
(B) the options for and cost impacts resulting from changes
to force structure, active and reserve component balance,
domestic and overseas basing, and other impacts resulting
from potential challenges to foundational planning
assumptions to achieve national security objectives;
(C) the potential cost savings from alterations to the
current balance between the military and civilian workforces;
and
(D) options for reducing service contracts in the
Department of Defense.
(2) Cost data.--A federally funded research and development
center that conducts a review pursuant to paragraph (1) shall
standardize cost data through the use of Department of
Defense cost estimation methodologies and may make reference
to appropriate national security policy documents.
(3) Access to classified information.--The Secretary of
Defense shall provide to such a center classified information
on threat capability developments, plans, and intentions of
China, Russia, North Korea, Iran, and violent extremist
organizations.
(b) Report and Briefings.--
(1) Briefing on cost savings.--Not later than February 1,
2020, the Comptroller General of the United States shall
provide to the congressional defense committees a briefing on
the recommendations of the Comptroller General with respect
to cost savings in the Department of Defense.
(2) Briefing on efficiency initiatives.--Not later than
February 1, 2020, the Comptroller General of the United
States shall provide to the congressional defense committees
a briefing on the recommendations of the Comptroller General
with respect to the efficiency initiatives undertaken by the
Office of the Chief Management Officer of the Department of
Defense.
(3) Report.--Subsequent to providing the briefing under
paragraph (2), the Comptroller General shall submit to the
congressional defense committees a report on the matters
covered by the briefing.
SEC. 1754. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON
COLLECTIVE SELF-DEFENSE.
(a) Comprehensive Policy Required.--The Secretary of
Defense shall prescribe a comprehensive written policy for
the Department of Defense on the issuance of authorization
for, and the provision by members and units of the United
States Armed Forces of, collective self-defense to designated
foreign nationals, their facilities, and their property.
(b) Elements.--The policy required by subsection (a) shall
address the following:
(1) Each basis under domestic and international law
pursuant to which a member or unit of the United States Armed
Forces has been or may be authorized to provide collective
self-defense to designated foreign nationals, their
facilities, or their property under each circumstance as
follows:
(A) Inside an area of active hostilities, or in a country
or territory in which United States forces are authorized to
conduct or support direct action operations.
(B) Outside an area of active hostilities, or in a country
or territory in which United States forces are not authorized
to conduct direct action military operations.
(C) When United States personnel, facilities, or equipment
are not threatened, including both as described in
subparagraph (A) and as described in subparagraph (B).
(D) When members of the United States Armed Forces are not
participating in a military operation as part of an
international coalition.
(E) Any other circumstance not encompassed by subparagraphs
(A) through (D) in which a member or unit of the United
States Armed Forces has been or may be authorized to provide
such collective self-defense.
(2) A list and explanation of any limitations imposed by
law or policy on the provision of collective self-defense to
designated foreign nationals, their facilities, and their
property under any of the bases in domestic or international
law in the circumstances enumerated in paragraph (1), and the
conditions under which any such limitation applies.
(3) The procedure by which a proposal that any member or
unit of the United States Armed Forces provide collective
self-defense in support of designated foreign nationals,
their facilities, and their property is to be submitted,
processed, and endorsed through offices, officers, and
officials of the Department to the applicable approval
authority for final decision, and a list of any information,
advice, or opinion to be included with such proposal in order
to inform appropriate action on such proposal by such
approval authority.
(4) The title and duty position of any officers and
officials of the Department empowered to render a final
decision on a proposal described in paragraph (3), and the
conditions applicable to, and limitations on, the exercise of
such decisionmaking authority by each such officer or
official.
(5) A description of the Rules of Engagement applicable to
the provision of collective self-defense to designated
foreign nationals, their facilities, and their property under
any of the bases in domestic or international law in the
circumstances enumerated in paragraph (1), and the conditions
under which any such Rules of Engagement would be modified.
(6) A description of the process through which policy
guidance pertaining to the authorization for, and the
provision by members of the United States Armed Forces of,
collective self-defense to designated foreign nationals,
their facilities, and their property is to be disseminated to
the level of tactical execution.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Policy.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
policy required by subsection (a).
(2) DoD general counsel statement.--The Secretary shall
include in the report under paragraph (1) a statement by the
General Counsel of the Department of Defense as to whether
the policy prescribed pursuant to subsection (a) is
consistent with domestic and international law.
(3) Form.--The report required by paragraph (1) may be
submitted in classified form.
(d) Briefing on Policy.--Not later than 30 days after the
date of the submittal of the report required by subsection
(c), the Secretary shall provide the congressional defense
committees a classified briefing on the policy prescribed
pursuant to subsection (a). The briefing shall make use of
vignettes designated to illustrate real world application of
the policy in each the circumstances enumerated in subsection
(b)(1).
SEC. 1755. POLICY REGARDING THE TRANSITION OF DATA AND
APPLICATIONS TO THE CLOUD.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Chief Information
Officer of the Department of Defense and the Chief Data
Officer of the Department shall, in consultation with the J6
of the Joint Staff and the Chief Management Officer, develop
and issue enterprise-wide policy and implementing
instructions regarding the transition of data and
applications to the cloud under the Department cloud strategy
in accordance with subsection (b).
(b) Design.--The policy required by subsection (a) shall be
designed to dramatically improve support to operational
missions and management processes, including by the use of
artificial intelligence and machine learning technologies,
by--
(1) making the data of the Department available to support
new types of analyses;
(2) preventing, to the maximum extent practicable, the
replication in the cloud of data stores that cannot readily
be accessed by applications for which the data stores were
not originally engineered;
(3) ensuring that data sets can be readily discovered and
combined with others to enable new insights and capabilities;
and
(4) ensuring that data and applications are readily
portable and not tightly coupled to a specific cloud
infrastructure or platform.
SEC. 1756. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(C) the Committee on Homeland Security of the House of
Representatives;
(4) the term ``public alert and warning system'' means the
integrated public alert and warning system of the United
States described in section 526 of the Homeland Security Act
of 2002 (6 U.S.C. 321o);
(5) the term ``Secretary'' means the Secretary of Homeland
Security; and
(6) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
(b) Integrated Public Alert and Warning System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop
minimum requirements for State, Tribal, and local governments
to participate in the public alert and warning system and
that are necessary to maintain the integrity of the public
alert and warning system, including--
(A) guidance on the categories of public emergencies and
appropriate circumstances that warrant an alert and warning
from State, Tribal, and local governments using the public
alert and warning system;
(B) the procedures for State, Tribal, and local government
officials to authenticate civil emergencies and initiate,
modify, and cancel alerts transmitted through the public
alert and warning system, including protocols and technology
capabilities for--
[[Page H9571]]
(i) the initiation, or prohibition on the initiation, of
alerts by a single authorized or unauthorized individual;
(ii) testing a State, Tribal, or local government incident
management and warning tool without accidentally initiating
an alert through the public alert and warning system; and
(iii) steps a State, Tribal, or local government official
should take to mitigate the possibility of the issuance of a
false alert through the public alert and warning system;
(C) the standardization, functionality, and
interoperability of incident management and warning tools
used by State, Tribal, and local governments to notify the
public of an emergency through the public alert and warning
system;
(D) the annual training and recertification of emergency
management personnel on requirements for originating and
transmitting an alert through the public alert and warning
system;
(E) the procedures, protocols, and guidance concerning the
protective action plans that State, Tribal, and local
governments shall issue to the public following an alert
issued under the public alert and warning system;
(F) the procedures, protocols, and guidance concerning the
communications that State, Tribal, and local governments
shall issue to the public following a false alert issued
under the public alert and warning system;
(G) a plan by which State, Tribal, and local government
officials may, during an emergency, contact each other as
well as Federal officials and participants in the Emergency
Alert System and the Wireless Emergency Alert System, when
appropriate and necessary, by telephone, text message, or
other means of communication regarding an alert that has been
distributed to the public; and
(H) any other procedure the Administrator considers
appropriate for maintaining the integrity of and providing
for public confidence in the public alert and warning system.
(2) Coordination with national advisory council report.--
The Administrator shall ensure that the minimum requirements
developed under paragraph (1) do not conflict with
recommendations made for improving the public alert and
warning system provided in the report submitted by the
National Advisory Council under section 2(b)(7)(B) of the
Integrated Public Alert and Warning System Modernization Act
of 2015 (Public Law 114-143; 130 Stat. 332).
(3) Public consultation.--In developing the minimum
requirements under paragraph (1), the Administrator shall
ensure appropriate public consultation and, to the extent
practicable, coordinate the development of the requirements
with stakeholders of the public alert and warning system,
including--
(A) appropriate personnel from Federal agencies, including
the National Institute of Standards and Technology, the
Agency, and the Federal Communications Commission;
(B) representatives of State and local governments and
emergency services personnel, who shall be selected from
among individuals nominated by national organizations
representing those governments and personnel;
(C) representatives of Federally recognized Indian tribes
and national Indian organizations;
(D) communications service providers;
(E) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
communications services;
(F) third-party service bureaus;
(G) the national organization representing the licensees
and permittees of noncommercial broadcast television
stations;
(H) technical experts from the broadcasting industry;
(I) educators from the Emergency Management Institute; and
(J) other individuals with technical expertise as the
Administrator determines appropriate.
(4) Advice to the administrator.--In accordance with the
Federal Advisory Committee Act (5 U.S.C. App.), the
Administrator may obtain advice from a single individual or
non-consensus advice from each of the several members of a
group without invoking that Act.
(c) Incident Management and Warning Tool Validation.--
(1) In general.--The Administrator shall establish a
process to ensure that an incident management and warning
tool used by a State, Tribal, or local government to
originate and transmit an alert through the public alert and
warning system meets the requirements developed by the
Administrator under subsection (b)(1).
(2) Requirements.--The process required to be established
under paragraph (1) shall include--
(A) the ability to test an incident management and warning
tool in the public alert and warning system lab;
(B) the ability to certify that an incident management and
warning tool complies with the applicable cyber frameworks of
the Department of Homeland Security and the National
Institute of Standards and Technology;
(C) a process to certify developers of emergency management
software; and
(D) requiring developers to provide the Administrator with
a copy of and rights of use for ongoing testing of each
version of incident management and warning tool software
before the software is first used by a State, Tribal, or
local government.
(d) Review and Update of Memoranda of Understanding.--The
Administrator shall review the memoranda of understanding
between the Agency and State, Tribal, and local governments
with respect to the public alert and warning system to ensure
that all agreements ensure compliance with the requirements
developed by the Administrator under subsection (b)(1).
(e) Future Memoranda.--On and after the date that is 60
days after the date on which the Administrator issues the
requirements developed under subsection (b)(1), any new
memorandum of understanding entered into between the Agency
and a State, Tribal, or local government with respect to the
public alert and warning system shall comply with those
requirements.
(f) Missile Alert and Warning Authorities.--
(1) In general.--
(A) Authority.--On and after the date that is 120 days
after the date of enactment of this Act, the authority to
originate an alert warning the public of a missile launch
directed against a State using the public alert and warning
system shall reside primarily with the Federal Government.
(B) Delegation of authority.--The Secretary may delegate
the authority described in subparagraph (A) to a State,
Tribal, or local entity if, not later than 180 days after the
date of enactment of this Act, the Secretary submits a report
to the appropriate congressional committees that--
(i) it is not feasible for the Federal Government to alert
the public of a missile threat against a State; or
(ii) it is not in the national security interest of the
United States for the Federal Government to alert the public
of a missile threat against a State.
(C) Activation of system.--Upon verification of a missile
threat, the President, utilizing established authorities,
protocols and procedures, may activate the public alert and
warning system.
(D) Rule of construction.--Nothing in this paragraph shall
be construed to change the command and control relationship
between entities of the Federal Government with respect to
the identification, dissemination, notification, or alerting
of information of missile threats against the United States
that was in effect on the day before the date of enactment of
this Act.
(2) Required processes.--The Secretary, acting through the
Administrator, shall establish a process to promptly notify a
State warning point, and any State entities that the
Administrator determines appropriate, following the issuance
of an alert described in paragraph (1)(A) so the State may
take appropriate action to protect the health, safety, and
welfare of the residents of the State.
(3) Guidance.--The Secretary, acting through the
Administrator, shall work with the Governor of a State
warning point to develop and implement appropriate protective
action plans to respond to an alert described in paragraph
(1)(A) for that State.
(4) Study and report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall--
(A) examine the feasibility of establishing an alert
designation under the public alert and warning system that
would be used to alert and warn the public of a missile
threat while concurrently alerting a State warning point so
that a State may activate related protective action plans;
and
(B) submit a report of the findings under subparagraph (A),
including of the costs and timeline for taking action to
implement an alert designation described in subparagraph (A),
to--
(i) the Subcommittee on Homeland Security of the Committee
on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Subcommittee on Homeland Security of the
Committee on Appropriations of the House of Representatives;
(iv) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(v) the Committee on Homeland Security of the House of
Representatives.
(g) Use of Integrated Public Alert and Warning System
Lab.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall--
(1) develop a program to increase the utilization of the
public alert and warning system lab of the Agency by State,
Tribal, and local governments to test incident management and
warning tools and train emergency management professionals on
alert origination protocols and procedures; and
(2) submit to the appropriate congressional committees a
report describing--
(A) the impact on utilization of the public alert and
warning system lab by State, Tribal, and local governments,
with particular attention given to the impact on utilization
in rural areas, resulting from the program developed under
paragraph (1); and
(B) any further recommendations that the Administrator
would make for additional statutory or appropriations
authority necessary to increase the utilization of the public
alert and warning system lab by State, Tribal, and local
governments.
(h) Awareness of Alerts and Warnings.--Not later than 1
year after the date of enactment of this Act, the
Administrator shall--
(1) conduct a review of the National Watch Center and each
Regional Watch Center of the Agency; and
(2) submit to the appropriate congressional committees a
report on the review conducted under paragraph (1), which
shall include--
(A) an assessment of the technical capability of the
National and Regional Watch Centers described in paragraph
(1) to be notified of alerts and warnings issued by a State
through the public alert and warning system;
(B) a determination of which State alerts and warnings the
National and Regional Watch Centers described in paragraph
(1) should be aware of; and
(C) recommendations for improving the ability of the
National and Regional Watch Centers described in paragraph
(1) to receive any State alerts and warnings that the
Administrator determines are appropriate.
(i) Reporting False Alerts.--Not later than 15 days after
the date on which a State, Tribal,
[[Page H9572]]
or local government official transmits a false alert under
the public alert and warning system, the Administrator shall
report to the appropriate congressional committees on--
(1) the circumstances surrounding the false alert;
(2) the content, cause, and population impacted by the
false alert; and
(3) any efforts to mitigate any negative impacts of the
false alert.
(j) Reporting Participation Rates.--The Administrator
shall, on an annual basis, report to the appropriate
congressional committees on--
(1) participation rates in the public alert and warning
system; and
(2) any efforts to expand alert, warning, and interoperable
communications to rural and underserved areas.
(k) Timeline for Compliance.--Each State shall be given a
reasonable amount of time to comply with any new rules,
regulations, or requirements imposed under this section.
SEC. 1757. IMPROVING QUALITY OF INFORMATION IN BACKGROUND
INVESTIGATION REQUEST PACKAGES.
(a) Report on Metrics and Best Practices.--Not later than
180 days after the date of the enactment of this Act, the
Director of the Defense Counterintelligence and Security
Agency, which serves as the primary executive branch service
provider for background investigations for eligibility for
access to classified information, eligibility to hold a
sensitive position, and for suitability and fitness for other
matters pursuant to Executive Order 13467 (50 U.S.C. 3161
note; relating to reforming processes related to suitability
for Government employment, fitness for contractor employees,
and eligibility for access to classified national security
information), shall, in consultation with the Security,
Suitability, and Credentialing Performance Accountability
Council established under such executive order, submit to
Congress a report on--
(1) metrics for assessing the completeness and quality of
packages for background investigations submitted by agencies
requesting background investigations from the Defense
Counterintelligence and Security Agency;
(2) rejection rates of background investigation submission
packages due to incomplete or erroneous data, by agency; and
(3) best practices for ensuring full and complete
information in background investigation requests.
(b) Annual Report on Performance.--Not later than 270 days
after the date of the enactment of this Act and not less
frequently than once each year thereafter, the Security,
Suitability, and Credentialing Performance Accountability
Council shall submit to Congress a report on performance
against the metrics and return rates identified in paragraphs
(1) and (2) of subsection (a).
(c) Improvement Plans.--
(1) Identification.--Not later than one year after the date
of the enactment of this Act, executive agents under
Executive Order 13467 (50 U.S.C. 3161 note) shall identify
agencies in need of improvement with respect to the quality
of the information in the background investigation
submissions of the agencies as reported in subsection (b).
(2) Plans.--Not later than 90 days after an agency is
identified under paragraph (1), the head of the agency shall
provide the executive agents referred to in such paragraph
with a plan to improve the performance of the agency with
respect to the quality of the information in the agency's
background investigation submissions.
SEC. 1758. PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES
AND CERTAIN MILITARY DEPENDENTS.
(a) In General.--In evaluating a request from a covered
individual for parole in place under section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), the
Secretary of Homeland Security shall consider, on a case-by-
case basis, whether granting the request would enable
military family unity that would constitute a significant
public benefit.
(b) Sense of Congress.--It is the sense of Congress that--
(1) parole in place reinforces the objective of military
family unity;
(2) except as required in furtherance of the missions of
the Armed Forces, disruption to military family unity should
be minimized in order to enhance military readiness and allow
members of the Armed Forces to focus on the faithful
execution of their military missions and objectives, with
peace of mind regarding the well-being of their family
members; and
(3) the importance of the parole in place authority of the
Secretary of Homeland Security is reaffirmed.
(c) Covered Individual Defined.--In this section, the term
``covered individual'' means an alien who--
(1) is a member of the Armed Forces;
(2) is the spouse, son, or daughter of a member of the
Armed Forces;
(3) is the parent of a member of the Armed Forces who
supports the request of such parent for parole in place; or
(4) is the widow, widower, parent, son, or daughter of a
deceased member of the Armed Forces.
SEC. 1759. REPORT ON REDUCING THE BACKLOG IN LEGALLY REQUIRED
HISTORICAL DECLASSIFICATION OBLIGATIONS OF THE
DEPARTMENT OF DEFENSE.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report detailing the progress made
by the Secretary toward reducing the backlog in legally
required historical declassification obligations of the
Department of Defense.
(b) Elements.--The report under subsection (a) shall
include, with respect to the Department of Defense, the
following:
(1) A plan to achieve legally mandated historical
declassification requirements and reduce backlogs.
(2) A plan to incorporate new technologies, such as
artificial intelligence, that would increase productivity and
reduce cost in implementing the plan under paragraph (1).
(3) A detailed assessment of the documents released in each
of the proceeding three years before the date of the report,
broken out by program, such as the 25 and 50 year programs.
(4) A detailed assessment of the documents awaiting review
for release and an estimate of how many documents will be
released in each of the next three years.
(5) Potential policy, resource, and other options available
to the Secretary to reduce backlogs.
(6) The progress and objectives of the Secretary with
respect to the release of documents for publication in the
Foreign Relations of the United States series or to
facilitate the public accessibility of such documents at the
National Archives, presidential libraries, or both.
(c) Form and Availability.--The report under subsection (a)
shall be submitted in unclassified form, which shall be made
publicly available, but may include a classified annex.
SEC. 1760. MILITARY TYPE CERTIFICATION FOR LIGHT ATTACK
EXPERIMENTATION AIRCRAFT.
The Secretary of the Air Force shall make available and
conduct military type certifications for light attack
experimentation aircraft as needed, pursuant to the
Department of Defense Directive on Military Type
Certificates, 5030.61.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2020''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on
the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2019; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2019 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alabama....................... Redstone Arsenal...... $38,000,000
[[Page H9573]]
Colorado...................... Fort Carson........... $71,000,000
Georgia....................... Fort Gordon........... $107,000,000
Hunter Army Airfield.. $62,000,000
Kentucky...................... Fort Campbell......... $61,300,000
Massachusetts................. U.S. Army Natick $50,000,000
Soldier Systems
Center...............
Michigan...................... Detroit Arsenal....... $24,000,000
New York...................... Fort Drum............. $44,000,000
North Carolina................ Fort Bragg............ $12,500,000
Oklahoma...................... Fort Sill............. $73,000,000
Pennsylvania.................. Carlisle Barracks..... $98,000,000
South Carolina................ Fort Jackson.......... $88,000,000
Texas......................... Corpus Christi Army $86,000,000
Depot................
Fort Hood............. $50,500,000
Virginia...................... Fort Belvoir.......... $60,000,000
Joint Base Langley- $55,000,000
Eustis...............
Washington.................... Joint Base Lewis- $46,000,000
McChord..............
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out the military construction projects for
the installations or locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Honduras..................... Soto Cano Air Base...... $34,000,000
Kwajalein.................... Kwajalein Atoll......... $40,000,000
------------------------------------------------------------------------
(c) Study of Near-term Facility Alternatives to House High
Value Detainees.--
(1) Study required.--The Secretary of Defense shall conduct
a study of alternatives to meet the near-term facility
requirements to safely and humanely house high value
detainees current detained at Naval Station Guantanamo Bay,
Cuba. As part of the study, the Secretary shall consider the
following alternatives:
(A) The construction of new facilities.
(B) The repair of current facilities.
(C) The renovation and repurposing of other facilities at
Naval Station Guantanamo Bay, Cuba.
(D) Such other alternatives as the Secretary considers
practicable.
(2) Submission of results.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report containing the results of the study conducted under
paragraph (1). The report shall be unclassified, but may
include a classified annex.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installation, and in the amount, set forth
in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania............................ Tobyhanna Army Depot..... Family Housing Replacement $19,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $9,222,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 PROJECTS.
(a) Anniston Army Depot, Alabama.--In the case of the
authorization contained in the table in section 2101(a) of
the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2241) for Anniston Army Depot,
Alabama, for construction of a weapon maintenance shop, as
specified in the funding table in section 4601 of such Act
(132 Stat. 2401), the Secretary of the Army may construct a
21,000-square foot weapon maintenance shop.
(b) United States Military Academy, New York.--The table in
section 2101(a) of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2241) is
amended in the item relating to the United States Military
Academy, New York, by striking ``$160,000,000'' and inserting
``$197,000,000'' for construction of a Consolidated
Engineering Center and Parking Structure rather than the
separate projects specified in the funding table in section
4601 of such Act (132 Stat. 2401).
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2017 project.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station Yuma................... $189,760,000
California.................................... Camp Pendleton.................................. $185,569,000
Marine Corps Air Station Miramar................ $37,400,000
[[Page H9574]]
Naval Air Weapons Station China Lake............ $64,500,000
Navel Base Coronado............................. $165,830,000
Naval Base San Diego............................ $9,900,000
Naval Weapons Station Seal Beach................ $123,310,000
Travis Air Force Base........................... $64,000,000
Connecticut................................... Naval Submarine Base New London................. $72,260,000
Florida....................................... Blount Island................................... $18,700,000
Naval Air Station Jacksonville.................. $32,420,000
Guam.......................................... Joint Region Marianas........................... $226,000,000
Hawaii........................................ Marine Corps Air Station Kaneohe Bay............ $134,050,000
Naval Ammunition Depot West Loch................ $53,790,000
Maryland...................................... Saint Inigoes................................... $15,000,000
North Carolina................................ Camp Lejeune.................................... $229,010,000
Marine Corps Air Station Cherry Point........... $114,570,000
Marine Corps Air Station New River.............. $11,320,000
Pennsylvania.................................. Philadelphia.................................... $74,630,000
South Carolina................................ Parris Island................................... $37,200,000
Virginia...................................... Marine Corps Base Quantico...................... $143,350,000
Naval Station Norfolk........................... $139,100,000
Portsmouth Naval Shipyard....................... $48,930,000
Yorktown Naval Weapons Station.................. $59,000,000
Washington.................................... Bremerton....................................... $51,010,000
Keyport......................................... $25,050,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Darwin.......................................... $211,500,000
Japan......................................... Fleet Activities Yokosuka....................... $174,692,000
Marine Corps Air Station Iwakuni................ $15,870,000
----------------------------------------------------------------------------------------------------------------
(c) Report Required as Condition of Authorization.--
(1) Report.--At the same time that the budget of the
President is submitted to Congress under section 1105(a) of
title 31, United States Code, for fiscal year 2021, the
Secretary of the Navy shall submit to the congressional
defense committees a report describing, for each project
authorized in the first item in the table in subsection (b)
for Darwin that is required to support the full complement of
the Marine Rotational Force-Darwin--
(A) the required infrastructure investments for the
project;
(B) the source of funding, including funds provided by the
Government of Australia, for the project; and
(C) the proposed year for implementation of the project.
(2) Condition.--The Secretary of the Navy may not commence
a project authorized in the first item in the table in
subsection (b) for Darwin until the report under paragraph
(1) has been submitted.
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $5,863,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a) and available for
military family housing functions as specified in the funding
table in section 4601, the Secretary of the Navy may improve
existing military family housing units in an amount not to
exceed $41,798,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2017 PROJECT.
The table in section 2201(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2691) is amended in the item relating to Bangor,
Washington, by striking ``$113,415,000'' and inserting
``$161,415,000'' for construction of a SEAWOLF Class Service
Pier, as specified in the funding table in section 4601 of
such Act (130 Stat. 2876).
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorities to carry out phased Joint
Intelligence Analysis Complex consolidation.
Sec. 2306. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2308. Modification of authority to carry out certain fiscal year
2018 projects.
Sec. 2309. Modification of authority to carry out certain fiscal year
2019 projects.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska....................... Eielson Air Force Base $8,600,000
Arkansas..................... Little Rock Air Force $47,000,000
Base.
[[Page H9575]]
California................... Travis Air Force Base $43,100,000
Colorado..................... Peterson Air Force $54,000,000
Base.
Schriever Air Force $148,000,000
Base.
United States Air $49,000,000
Force Academy........
Georgia...................... Moody Air Force Base.. $12,500,000
Guam......................... Joint Region Marianas. $65,000,000
Illinois..................... Scott Air Force Base.. $100,000,000
Mariana Islands.............. Tinian................ $316,000,000
Missouri..................... Whiteman Air Force $27,000,000
Base.
Montana...................... Malmstrom Air Force $235,000,000
Base.
Nevada....................... Nellis Air Force Base. $65,200,000
New Mexico................... Holloman Air Force $20,000,000
Base.
Kirtland Air Force $37,900,000
Base.
North Dakota................. Minot Air Force Base.. $5,500,000
Texas........................ Joint Base San $243,300,000
Antonio.
Utah......................... Hill Air Force Base... $114,500,000
Washington................... Fairchild-White Bluff. $31,000,000
Wyoming...................... F.E. Warren Air Force $18,100,000
Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia..................... Tindal............... $70,600,000
Cyprus........................ Royal Air Force $27,000,000
Akrotiri.
Japan......................... Yokota Air Base...... $12,400,000
United Kingdom................ Royal Air Force $14,300,000
Lakenheath.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $3,409,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a) and available for
military family housing functions as specified in the funding
table in section 4601, the Secretary of the Air Force may
improve existing military family housing units in an amount
not to exceed $53,584,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 may not exceed the total
amount authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITIES TO CARRY OUT PHASED
JOINT INTELLIGENCE ANALYSIS COMPLEX
CONSOLIDATION.
(a) Fiscal Year 2015 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of
the National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3679) for Royal Air Force
Croughton, United Kingdom, for Phase 1 of the Joint
Intelligence Analysis Complex consolidation, as specified in
the funding table in section 4601 of such Act (128 Stat.
3973), the Secretary of the Air Force shall carry out the
construction at Royal Air Force Molesworth, United Kingdom.
(b) Fiscal Year 2016 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1153), for Royal Air Force
Croughton, United Kingdom, for Phase 2 of the Joint
Intelligence Analysis Complex consolidation, as specified in
the funding table in section 4601 of such Act (129 Stat.
1294), the Secretary of the Air Force may construct a 5,152-
square meter Intelligence Analytic Center, a 5,234-square
meter Intelligence Fusion Center, and a 807-square meter
Battlefield Information Collection and Exploitation System
Center at Royal Air Force Molesworth, United Kingdom.
(c) Fiscal Year 2017 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2697), for Royal Air Force
Croughton, United Kingdom, for Phase 3 of the Joint
Intelligence Analysis Complex consolidation, as specified in
the funding table in section 4601 of such Act (130 Stat.
2878), the Secretary of the Air Force may construct a 1,562-
square meter Regional Joint Intelligence Training Facility
and a 4,495-square meter Combatant Command Intelligence
Facility at Royal Air Force Molesworth, United Kingdom.
(d) Conforming Repeal.--Section 2305 of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2247) is repealed.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2016 PROJECT.
The table in section 2301(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1152) is amended in the item relating to Nellis Air
Force Base, Nevada, by striking ``$68,950,000'' and inserting
``$72,050,000'' for construction of F-35A Munitions
Maintenance Facilities, as specified in the funding table in
section 4601 of such Act (129 Stat. 1293).
SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2017 PROJECT.
The table in section 2301(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2696) is amended in the item relating to Fairchild
Air Force Base, Washington, by striking ``$27,000,000'' and
inserting ``$31,800,000'' for construction of a SERE School
Pipeline Dormitory, as specified in the funding table in
section 4601 of such Act (130 Stat. 2878).
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2018 PROJECTS.
(a) Little Rock Air Force Base, Arkansas.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1825) is
amended in the item relating to Little Rock Air Force Base,
Arkansas, by striking ``$20,000,000'' and inserting
``$27,000,000'' for construction of a dormitory facility, as
specified in the funding table in section 4601 of such Act
(131 Stat. 2002).
(b) Joint Base San Antonio, Texas.--In the case of the
authorization contained in the table in section 2301(a) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1826) for Joint Base San
Antonio, Texas, the Secretary of the Air Force may
construct--
(1) a 750-square meter equipment building for construction
of a Classrooms/Dining Facility, as specified in the funding
table in section 4601 of such Act (131 Stat. 2003); and
(2) a 636-square meter air traffic control tower for
construction of an Air Traffic Control Tower, as specified in
the funding table in section 4601 of such Act (131 Stat.
2003).
(c) F.E. Warren Air Force Base, Wyoming.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1825) is
amended in the item relating to F.E. Warren Air Force Base,
Wyoming, by striking ``$62,000,000'' and inserting
``$80,100,000'' for construction of a
[[Page H9576]]
Consolidated Helo/TRF Ops/AMU and Alert Facility, as
specified in the funding table in section 4601 of such Act
(131 Stat. 2004).
(d) Rygge Air Station, Norway.--In the case of the
authorization contained in the table in section 2903 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1876) for Rygge Air Station,
Norway, for replacement/expansion of a Quick Reaction Alert
Pad, as specified in the funding table in section 4602 of
such Act (131 Stat. 2014), the Secretary of the Air Force may
construct 1,327 square meters of aircraft shelter and a 404-
square meter fire protection support building.
(e) Incirlik Air Base, Turkey.--In the case of the
authorization contained in the table in section 2903 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1876) for Incirlik Air Base,
Turkey, for Relocating Base Main Access Control Point, as
specified in the funding table in section 4602 of such Act
(131 Stat. 2015), the Secretary of the Air Force may
construct a 223-square meter pedestrian search building.
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 PROJECTS.
(a) Hanscom Air Force Base, Massachusetts.--In the case of
the authorization contained in the table in section 2301(a)
of the National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 2246) for Hanscom Air
Force Base, Massachusetts, for the construction of a semi-
conductor/microelectronics laboratory facility, as specified
in the funding table in section 4601 of such Act (132 Stat.
2405), the Secretary of the Air Force may construct a 1,000
kilowatt stand-by generator.
(b) Minot Air Force Base, North Dakota.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2246) is
amended in the item relating to Minot Air Force Base, North
Dakota, by striking ``$66,000,000'' and inserting
``$71,500,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table
in section 4601 of such Act (132 Stat. 2405).
(c) Royal Air Force Lakenheath, United Kingdom.--In the
case of the authorization contained in the table in section
2301(b) of the National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2247) for Royal Air
Force Lakenheath, United Kingdom, for the construction of an
F-35A Dormitory, as specified in the funding table in section
4601 of such Act (132 Stat. 2405), the Secretary of the Air
Force may construct a 5,900-square meter dormitory.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Beale Air Force Base....................... $33,700,000
Camp Pendleton............................. $17,700,000
Florida......................................... Eglin Air Force Base....................... $16,500,000
Hurlburt Field............................. $108,386,000
Naval Air Station Key West................. $16,000,000
Guam............................................ Joint Region Marianas...................... $19,200,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............. $67,700,000
Maryland........................................ Fort Detrick............................... $27,846,000
Mississippi..................................... Columbus Air Force Base.................... $16,800,000
North Carolina................................. Camp Lejeune............................... $13,400,000
Fort Bragg................................. $84,103,000
Oklahoma........................................ Tulsa International Airport................ $18,900,000
Rhode Island.................................... Quonset State Airport...................... $11,600,000
South Carolina.................................. Joint Base Charleston...................... $33,300,000
South Dakota.................................... Ellsworth Air Force Base................... $24,800,000
Virginia........................................ Defense Distribution Depot Richmond........ $98,800,000
Joint Expeditionary Base Little Creek - $45,604,000
Fort Story................................
Pentagon................................... $28,802,000
Training Center Dam Neck................... $12,770,000
Washington...................................... Joint Base Lewis-McChord................... $47,700,000
Wisconsin....................................... General Mitchell International Airport..... $25,900,000
CONUS Classified................................ Classified Location........................ $82,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Geilenkirchen Air Base..................... $30,479,000
Germany......................................... Ramstein................................... $66,800,000
Japan........................................... Yokota Air Base........................... $136,411,000
Worldwide Classified............................ Classified Location........................ $52,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Mountain View................................. $9,700,000
Naval Air Weapons Station China Lake.......... $8,950,000
Naval Support Activity Monterey............... $10,540,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $4,000,000
Maryland..................................... Naval Support Activity Bethesda............... $13,840,000
South Potomac................................. $18,460,000
[[Page H9577]]
New Mexico................................... White Sands Missile Range..................... $5,800,000
Texas........................................ Camp Swift.................................... $4,500,000
Fort Hood..................................... $16,500,000
Virginia..................................... National Reconnaissance Office Headquarters... $66,000
Washington................................... Naval Base Kitsap............................. $23,670,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Naval Base Guam............................... $16,970,000
Unspecified Worldwide........................ Unspecified Worldwide Locations............... $150,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2019, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share
of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table
in section 4601.
(b) Authority to Recognize NATO Authorization Amounts as
Budgetary Resources for Project Execution.--When the United
States is designated as the Host Nation for the purposes of
executing a project under the NATO Security Investment
Program (NSIP), the Department of Defense construction agent
may recognize the NATO project authorization amounts as
budgetary resources to incur obligations for the purposes of
executing the NSIP project.
Subtitle B--Host Country In-kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts,
set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army.................................. Camp Carroll............ Army Prepositioned Stock-4 $51,000,000
Wheeled Vehicle
Maintenance Facility......
Army.................................. Camp Humphreys.......... Unaccompanied Enlisted $154,000,000
Personnel Housing, P1.....
Army.................................. Camp Humphreys.......... Unaccompanied Enlisted $211,000,000
Personnel Housing, P2.....
Army.................................. Camp Humphreys.......... Satellite Communications $32,000,000
Facility..................
Air Force............................. Gwangju Air Base........ Hydrant Fuel System........ $35,000,000
Air Force............................. Kunsan Air Base......... Upgrade Electrical $14,200,000
Distribution System.......
Air Force............................. Kunsan Air Base......... Dining Facility............ $21,000,000
Air Force............................. Suwon Air Base.......... Hydrant Fuel System........ $24,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard locations inside the United States, and
in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Anniston Army Depot.............................. $34,000,000
Foley............................................ $12,000,000
California.................................. Camp Roberts..................................... $12,000,000
Idaho....................................... Orchard Training Area............................ $29,000,000
Maryland.................................... Havre de Grace................................... $12,000,000
Massachusetts............................... Camp Edwards..................................... $9,700,000
Minnesota................................... New Ulm.......................................... $11,200,000
[[Page H9578]]
Mississippi................................. Camp Shelby...................................... $8,100,000
Missouri.................................... Springfield...................................... $12,000,000
Nebraska.................................... Bellevue......................................... $29,000,000
New Hampshire............................... Concord.......................................... $5,950,000
New York.................................... Jamaica Armory................................... $91,000,000
Pennsylvania................................ Moon Township.................................... $23,000,000
Vermont..................................... Jericho.......................................... $30,000,000
Washington.................................. Richland......................................... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware...................................... Newark Army Reserve Center..................... $21,000,000
Wisconsin..................................... Fort McCoy..................................... $25,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out the military construction project for
the Navy Reserve and Marine Corps Reserve location inside the
United States, and in the amount, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans............................... $25,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Moffett Air National Guard Base............ $57,000,000
Georgia......................................... Savannah/Hilton Head International Airport. $24,000,000
Missouri........................................ Rosecrans Memorial Airport................. $9,500,000
Puerto Rico..................................... Luis Munoz-Marin International Airport..... $50,000,000
Wisconsin....................................... Truax Field................................ $34,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air Force Reserve locations inside the United States, and in
the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia....................................... Robins Air Force Base.......................... $43,000,000
Maryland...................................... Joint Base Andrews............................. $15,000,000
Minnesota..................................... Minneapolis-St. Paul International Airport..... $9,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
[[Page H9579]]
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Military installation resilience plans and projects.
Sec. 2802. Improved consultation with tribal governments when proposed
military construction projects potentially impact Indian
tribes.
Sec. 2803. Increased authority for use of certain appropriations
amounts for restoration or replacement of damaged or
destroyed facilities.
Sec. 2804. Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and
climate resiliency, and cyber resilience.
Sec. 2805. Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse
environmental effects.
Sec. 2806. Improved flood risk disclosure for military construction.
Sec. 2807. Prioritization of projects in annual report on unfunded
requirements for laboratory military construction
projects.
Sec. 2808. Technical corrections and improvements to defense access
road resilience.
Sec. 2809. Military construction projects for child development centers
at military installations.
Sec. 2810. Prohibition on use of funds to reduce air base resiliency or
demolish protected aircraft shelters in the European
theater without creating a similar protection from
attack.
Sec. 2811. Prohibition on use of funds to close or return certain bases
to the host nation.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Improved energy security for main operating bases in Europe.
Sec. 2822. Access to Department of Defense installations for
credentialed transportation workers.
Sec. 2823. Improved recording and maintaining of Department of Defense
real property data.
Subtitle C--Land Conveyances
Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah.
Sec. 2832. Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery.
Sec. 2833. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California.
Sec. 2834. Transfer of administrative jurisdiction over certain parcels
of Federal land in Arlington, Virginia.
Subtitle D--Military Land Withdrawals
Sec. 2841. Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the Johnson Valley
Off-Highway Vehicle Recreation Area.
Subtitle E--White Sands National Park and White Sands Missile Range
Sec. 2851. White Sands Missile Range Land Enhancements.
Subtitle F--Other Matters
Sec. 2861. Installation and maintenance of fire extinguishers in
Department of Defense facilities.
Sec. 2862. Definition of community infrastructure for purposes of
military base reuse studies and community planning
assistance.
Sec. 2863. Temporary authority for acceptance and use of contributions
for certain design and construction projects mutually
beneficial to the Department of Defense and the Republic
of Korea.
Sec. 2864. Black start exercises at military installations.
Sec. 2865. Pilot program to extend service life of roads and runways
under the jurisdiction of the Secretary of Defense.
Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station, Modoc County,
California.
Sec. 2867. Designation of Sumpter Smith Joint National Guard Base.
Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation.
Sec. 2869. Lands to be taken into trust as part of the reservation of
the Lytton Rancheria.
Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana.
Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base.
Subtitle A--Military Construction Program
SEC. 2801. MILITARY INSTALLATION RESILIENCE PLANS AND
PROJECTS.
(a) Inclusion of Military Installation Resilience
Information in Certain Installation Master Plans.--
(1) Requirement.--Section 2864 of title 10, United States
Code, is amended--
(A) in subsection (a)(1), by inserting ``military
installation resilience,'' after ``master planning,'';
(B) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(C) by inserting after subsection (b) the following new
subsection:
``(c) Military Installation Resilience Component.--To
address military installation resilience under subsection
(a)(1), each installation master plan shall discuss the
following:
``(1) Risks and threats to military installation resilience
that exist at the time of the development of the plan and
that are projected for the future, including from extreme
weather events, mean sea level fluctuation, wildfires,
flooding, and other changes in environmental conditions.
``(2) Assets or infrastructure located on the military
installation vulnerable to the risks and threats described in
paragraph (1), with a special emphasis on assets or
infrastructure critical to the mission of the installation
and the mission of members of the armed forces.
``(3) Lessons learned from the impacts of extreme weather
events, including changes made to the military installation
to address such impacts, since the prior master plan
developed under this section.
``(4) Ongoing or planned infrastructure projects or other
measures, as of the time of the development of the plan, to
mitigate the impacts of the risks and threats described in
paragraph (1).
``(5) Community infrastructure and resources located
outside the installation (such as medical facilities,
transportation systems, and energy infrastructure) that are--
``(A) necessary to maintain mission capability or that
impact the resilience of the military installation; and
``(B) vulnerable to the risks and threats described in
paragraph (1).
``(6) Agreements in effect or planned, as of the time of
the development of the plan, with public or private entities
for the purpose of maintaining or enhancing military
installation resilience or resilience of the community
infrastructure and resources described in paragraph (5).
``(7) Projections from recognized governmental and
scientific entities such as the Census Bureau, the National
Academies of Sciences, the United States Geological Survey,
and the United States Global Change Research Office (or any
similar successor entities) with respect to future risks and
threats (including the risks and threats described in
paragraph (1)) to the resilience of any project considered in
the installation master plan during the 50-year lifespan of
the installation.''.
(2) Report on master plans.--Section 2864 of title 10,
United States Code, is amended by inserting after subsection
(c), as added by subsection (a), the following new
subsection:
``(d) Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the congressional
defense committees a report listing all master plans
completed pursuant to this section in the prior calendar
year.''.
(b) Authority to Carry Out Military Installation Resilience
Projects.--
(1) In general.--Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2815. Military installation resilience projects
``(a) Projects Required.--The Secretary of Defense shall
carry out military construction projects for military
installation resilience, in accordance with section 2802 of
this title.
``(b) Congressional Notification.--(1) When a decision is
made to carry out a project under this section, the Secretary
of Defense shall notify the congressional defense committees
of that decision.
``(2) The Secretary of Defense shall include in each
notification submitted under paragraph (1) the rationale for
how the project would--
``(A) enhance military installation resilience;
``(B) enhance mission assurance;
``(C) support mission critical functions; and
``(D) address known vulnerabilities.
``(c) Timing of Projects.--A project may be carried out
under this section only after the end of the 14-day period
beginning on the date that notification with respect to that
project under subsection (b) is received by the congressional
defense committees in an electronic medium pursuant to
section 480 of this title.
``(d) Annual Report.--Not later than 90 days after the end
of each fiscal year until December 31, 2025, the Secretary of
Defense shall submit to the congressional defense committees
a report on the status of the planned and active projects
carried out under this section (including completed
projects), and shall include in the report with respect to
each such project the following information:
``(1) The title, location, a brief description of the scope
of work, the original project cost estimate, and the current
working cost estimate.
``(2) The information provided under subsection (b)(2).
``(3) Such other information as the Secretary considers
appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 169 of such title is amended by
inserting after the item relating to section 2814 the
following new item:
``2815. Military installation resilience projects.''.
SEC. 2802. IMPROVED CONSULTATION WITH TRIBAL GOVERNMENTS WHEN
PROPOSED MILITARY CONSTRUCTION PROJECTS
POTENTIALLY IMPACT INDIAN TRIBES.
Section 2802 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) In addition to any other applicable consultation
requirement pursuant to law or Department of Defense policy,
if a proposed military construction project is likely to
significantly impact tribal lands, known sacred sites, or
tribal treaty rights, the Secretary concerned shall initiate
consultation with the tribal government of each impacted
Indian tribe--
[[Page H9580]]
``(A) to determine the nature and extent of such impact;
``(B) to determine whether such impact can be avoided or
mitigated in the design and implementation of the project;
and
``(C) if such impact cannot be avoided, to develop feasible
measures consistent with applicable law to mitigate the
impact and estimate the cost of the mitigation measures.
``(2) As part of the Department of Defense Form 1391
submitted to the appropriate committees of Congress for a
military construction project covered by paragraph (1), the
Secretary concerned, to the extent possible at the time of
such submission, shall include a description of the current
status of the consultation conducted under such paragraph and
specifically address each of the items specified in
subparagraphs (A), (B), and (C) of such paragraph.
``(3) The requirement under paragraph (1) does not affect
the obligation of the Secretary concerned to comply with any
other applicable consultation requirement pursuant to law or
Department of Defense policy.
``(4) In this subsection:
``(A) The term `Indian tribe' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(B) The term `tribal government' means the recognized
governing body of an Indian tribe.
``(C) The term `sacred site' has the meaning given that
term in Executive Order No. 13007, as in effect on the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2020.''.
SEC. 2803. INCREASED AUTHORITY FOR USE OF CERTAIN
APPROPRIATIONS AMOUNTS FOR RESTORATION OR
REPLACEMENT OF DAMAGED OR DESTROYED FACILITIES.
Section 2854(c)(3) of title 10, United States Code, is
amended by striking ``$50,000,000'' and inserting
``$100,000,000''.
SEC. 2804. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO
PROMOTE MILITARY INSTALLATION RESILIENCE,
ENERGY RESILIENCE, ENERGY AND CLIMATE
RESILIENCY, AND CYBER RESILIENCE.
(a) Amendment Required.--
(1) In general.--Not later than September 1, 2020, the
Secretary of Defense shall amend the Unified Facility
Criteria relating to military construction planning and
design, to ensure that building practices and standards of
the Department of Defense promote military installation
resilience, energy resilience, energy and climate resiliency,
and cyber resilience.
(2) Considerations and consultation.--In preparing
amendments pursuant to paragraph (1), the Secretary of
Defense--
(A) shall take into account historical data, current
conditions, and sea level rise projections; and
(B) may consult with the heads of other Federal departments
and agencies with expertise regarding military installation
resilience, energy resilience, energy and climate resiliency,
and cyber resilience.
(b) Conditional Availability of Funds.--Not more than 25
percent of the funds authorized to be appropriated for fiscal
year 2020 for Department of Defense planning and design
accounts relating to military construction projects may be
obligated until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate a certification that the
Secretary--
(1) has initiated the amendment process required by
subsection (a)(1); and
(2) intends to complete such process by September 1, 2020.
(c) Update of Unified Facilities Criteria to Include
Changing Environmental Condition Projections.--Section
2805(c) of the Military Construction Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat.
2262; 10 U.S.C. 2864 note) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) Fiscal year 2019.--Not later than'';
(2) in paragraph (1), as designated by paragraph (1), by
striking ``United Facilities Criteria (UFC) 2-100-01 and UFC
2-100-02'' and inserting ``Unified Facilities Criteria (UFC)
1-200-01 and UFC 1-200-02''; and
(3) by adding at the end the following new paragraph:
``(2) Fiscal year 2020.--
``(A) Amendments required.--Not later than 30 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020, the Secretary of
Defense shall amend the Unified Facilities Criteria as
follows:
``(i) To require that installations of the Department of
Defense assess the risks from extreme weather and related
effects, and develop plans to address such risks.
``(ii) To require in the development of such Criteria the
use of--
``(I) land use change projections through the use of land
use and land cover modeling by the United States Geological
Survey; and
``(II) weather projections--
``(aa) from the United States Global Change Research
Program, including in the National Climate Assessment; or
``(bb) from the National Oceanic and Atmospheric
Administration, if such projections are more up-to-date than
projections under item (aa).
``(iii) To require the Secretary of Defense to provide
guidance to project designers and master planners on how to
use weather projections.
``(iv) To require the use throughout the Department of the
Naval Facilities Engineering Command Climate Change
Installation Adaptation and Resilience planning handbook, as
amended (or similar publication of the Army Corps of
Engineers).
``(B) Notification.--If the Secretary of Defense determines
that a projection other than a projection described in
subparagraph (A)(ii) is more appropriate for use in amending
the Unified Facilities Criteria, the Secretary shall notify
the congressional defense committees of such determination,
which shall include the rationale underlying such
determination and a description of such other projection.''.
(d) Implementation of Unified Facilities Criteria
Amendments.--
(1) Implementation.--Any Department of Defense Form 1391
submitted to Congress after September 1, 2020 shall comply
with the Unified Facility Criteria, as amended pursuant to
this section.
(2) Certification.--Not later than March 1, 2021, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate the
completion and full incorporation into military construction
planning and design--
(A) amendments made pursuant to subsection (a); and
(B) amendments made pursuant to section 2805(c) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2864 note), as amended by subsection (c).
(e) Annual Review.--Beginning with fiscal year 2022, and
annually thereafter, the Secretary of Defense shall conduct a
review comparing the Unified Facility Criteria and industry
best practices, for the purpose of ensuring that military
construction building practices and standards of the
Department of Defense relating to military installation
resilience, energy resilience, energy and climate resiliency,
and cyber resilience remain up-to-date.
(f) Definitions.--In this section:
(1) The terms ``energy resilience'' and ``military
installation resilience'' have the meanings given those terms
in section 101(e) of title 10, United States Code.
(2) The term ``energy and climate resiliency'' has the
meaning given that term in section 2864 of title 10, United
States Code.
SEC. 2805. MODIFICATION TO DEPARTMENT OF DEFENSE FORM 1391
REGARDING CONSIDERATION OF POTENTIAL LONG-TERM
ADVERSE ENVIRONMENTAL EFFECTS.
(a) Modification.--
(1) Certification requirement.--The Secretary of Defense
shall modify Department of Defense Form 1391 to require, with
respect to any proposed major or minor military construction
project requiring congressional notification or approval, the
inclusion of a certification by the Secretary of Defense or
the Secretary of the military department concerned that the
proposed military construction project takes into
consideration--
(A) the potential adverse consequences of long-term changes
in environmental conditions, such as increasingly frequent
extreme weather events, that could affect the military
installation resilience of the installation for which the
military construction project is proposed; and
(B) building requirements in effect for the locality in
which the military construction project is proposed and
industry best practices that are developed to withstand
extreme weather events and other consequences of changes in
environmental conditions.
(2) Elements of certification.--As part of the
certification required by paragraph (1) for a proposed
military construction project, the Secretary concerned shall
identify the potential changes in environmental conditions,
such as increasingly frequent extreme weather events,
considered and addressed under subparagraphs (A) and (B) of
paragraph (1).
(b) Relation to Recent Modification Requirement.--The
modification of Department of Defense Form 1391 required by
subsection (a) is in addition to, and expands upon, the
modification of Department of Defense Form 1391 with respect
to flood risk disclosure for military construction required
by section 2805(a) of the Military Construction Authorization
Act for Fiscal Year 2019 (division B of Public Law 115-232;
132 Stat. 2262; 10 U.S.C. 2802 note).
(c) Military Installation Resilience Defined.--In this
section, the term ``military installation resilience'' has
the meaning given that term in section 101(e)(8) of title 10,
United States Code.
SEC. 2806. IMPROVED FLOOD RISK DISCLOSURE FOR MILITARY
CONSTRUCTION.
(a) When Disclosure Required.--Section 2805(a)(1) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraph (A), by inserting after ``hazard data''
the following: ``, or will be impacted by projected current
and future mean sea level fluctuations over the lifetime of
the project''; and
(2) in subparagraph (B), by inserting after ``floodplain''
the following: ``or will be impacted by projected current and
future mean sea level fluctuations over the lifetime of the
project''.
(b) Reporting Requirements.--Section 2805(a)(3) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in the matter preceding the subparagraphs, by inserting
after ``floodplain'' the following: ``or are to be impacted
by projected current and future mean sea level fluctuations
over the lifetime of the project''; and
(2) by adding at the end the following new subparagraph:
``(D) A description of how the proposed project has taken
into account projected current and future mean sea level
fluctuations over the lifetime of the project.''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of
[[Page H9581]]
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is
amended--
(1) in the matter preceding the subparagraphs--
(A) by inserting after ``floodplain'' the following: ``or
that will be impacted by projected current and future mean
sea level fluctuations over the lifetime of the project'';
and
(B) by striking ``an additional'';
(2) in subparagraph (A)--
(A) by inserting ``an additional'' before ``2 feet''; and
(B) by striking ``and'' at the end of the subparagraph;
(3) in subparagraph (B)--
(A) by inserting ``an additional'' before ``3 feet''; and
(B) by striking the period at the end of the subparagraph
and inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(C) any additional flooding that will result from
projected current and future mean sea level fluctuations over
the lifetime of the project.''.
SEC. 2807. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON
UNFUNDED REQUIREMENTS FOR LABORATORY MILITARY
CONSTRUCTION PROJECTS.
Section 2806 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is
amended--
(1) by striking ``Assistant Secretary of Defense for
Energy, Installations, and Environment'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment'';
(2) by striking ``reporting'' and inserting ``report''; and
(3) by inserting ``in prioritized order, with specific
accounts and program elements identified,'' after
``evaluation facilities,''.
SEC. 2808. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO DEFENSE
ACCESS ROAD RESILIENCE.
Section 210 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``(a)(1) The Secretary''
and all that follows through the end of paragraph (1) and
inserting the following:
``(a) Authorization.--
``(1) In general.--When defense access roads are certified
to the Secretary as important to the national defense by the
Secretary of Defense or such other official as the President
may designate, the Secretary is authorized, out of the funds
appropriated for defense access roads, to provide for--
``(A) the construction and maintenance of defense access
roads (including bridges, tubes, tunnels, and culverts or
other hydraulic appurtenances on those roads) to--
``(i) military reservations;
``(ii) defense industry sites;
``(iii) air or sea ports that are necessary for or are
planned to be used for the deployment or sustainment of
members of the Armed Forces, equipment, or supplies; or
``(iv) sources of raw materials;
``(B) the reconstruction or enhancement of, or improvements
to, those roads to ensure the continued effective use of the
roads, regardless of current or projected increases in mean
tides, recurrent flooding, or other weather-related
conditions or natural disasters; and
``(C) replacing existing highways and highway connections
that are shut off from general public use by necessary
closures, closures due to mean sea level fluctuation and
flooding, or restrictions at--
``(i) military reservations;
``(ii) air or sea ports that are necessary for or are
planned to be used for the deployment or sustainment of
members of the Armed Forces, equipment, or supplies; or
``(iii) defense industry sites.'';
(2) in subsection (b), by striking ``the construction and
maintenance of'' and inserting ``construction,
reconstruction, resurfacing, restoration, rehabilitation, and
preservation of, or enhancements to,'';
(3) in subsection (c)--
(A) by striking ``him'' and inserting ``the Secretary'';
(B) by striking ``construction, maintenance, and repair
work'' and inserting ``activities for construction,
maintenance, reconstruction, enhancement, improvement, and
repair'';
(C) by striking ``therein'' and inserting ``in those
areas''; and
(D) by striking ``condition for such training purposes and
for repairing the damage caused to such highways by the
operations of men and equipment in such training.'' and
inserting the following: ``condition for--
``(1) that training; and
``(2) repairing the damage to those highways caused by--
``(A) weather-related events, increases in mean high tide
levels, recurrent flooding, or natural disasters; or
``(B) the operations of men and equipment in such
training.'';
(4) in subsection (g)--
(A) by striking ``he'' and inserting ``the Secretary'';
(B) by striking ``construction which has been'' and
inserting ``construction and other activities''; and
(C) by striking ``upon his demand'' and inserting ``upon
demand by the Secretary''; and
(5) by striking subsection (i) and inserting the following:
``(i) Repair of Certain Damages and Infrastructure.--The
funds appropriated to carry out this section may be used to
pay the cost of repairing damage caused, or any
infrastructure to mitigate a risk posed, to a defense access
road by recurrent or projected recurrent flooding, sea level
fluctuation, a natural disaster, or any other current or
projected change in applicable environmental conditions, if
the Secretary determines that continued access to a military
installation, defense industry site, air or sea port
necessary for or planned to be used for the deployment or
sustainment of members of the Armed Forces, equipment, or
supplies, or to a source of raw materials, has been or is
projected to be impacted by those events or conditions.''.
SEC. 2809. MILITARY CONSTRUCTION PROJECTS FOR CHILD
DEVELOPMENT CENTERS AT MILITARY INSTALLATIONS.
(a) Authorization of Additional Projects.--In addition to
any other military construction projects authorized under
this Act, the Secretary of the military department concerned
may carry out military construction projects for child
development centers at military installations, as specified
in the funding table in section 4601.
(b) Requiring Report as Condition of Authorization.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary concerned shall submit
to the congressional defense committees a report that
describes the location, title, and cost, together with a
Department of Defense Form 1391, for each project the
Secretary concerned proposes to carry out under this section.
(2) Timing of availability of funds.--No funds may be
obligated or expended for a project under this section--
(A) unless the project is included in the report submitted
under paragraph (1); and
(B) until the expiration of the 30-day period beginning on
the date on which the Secretary concerned submits the report
under paragraph (1).
(c) Expiration of Authorization.--Section 2002 shall apply
with respect to the authorization of a military construction
project under this section in the same manner as such section
applies to the authorization of a project contained in titles
XXI through XXX.
SEC. 2810. PROHIBITION ON USE OF FUNDS TO REDUCE AIR BASE
RESILIENCY OR DEMOLISH PROTECTED AIRCRAFT
SHELTERS IN THE EUROPEAN THEATER WITHOUT
CREATING A SIMILAR PROTECTION FROM ATTACK.
No funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense may be
obligated or expended to implement any activity that reduces
air base resiliency or demolishes protected aircraft shelters
in the European theater, and the Department may not otherwise
implement any such activity, without creating a similar
protection from attack in the European theater until such
time as the Secretary of Defense certifies to the
congressional defense committees that protected aircraft
shelters are not required in the European theater.
SEC. 2811. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN
CERTAIN BASES TO THE HOST NATION.
No funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense may be
obligated or expended to implement any activity that closes
or returns to the host nation any existing base under the
European Consolidation Initiative, and the Department shall
not implement any such activity in fiscal year 2020, until
the Secretary of Defense certifies that there is no longer a
need for a rotational military presence in the European
theater.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. IMPROVED ENERGY SECURITY FOR MAIN OPERATING BASES
IN EUROPE.
(a) Prohibition on Use of Certain Energy Source.--The
Secretary of Defense shall ensure that each contract for the
acquisition of furnished energy for a covered military
installation in Europe does not use any energy sourced from
inside the Russian Federation as a means of generating the
furnished energy for the covered military installation.
(b) Waiver for National Security Interests.--
(1) Waiver authority; certification.--The Secretary of
Defense may waive application of subsection (a) to a specific
contract for the acquisition of furnished energy for a
covered military installation if the Secretary certifies to
the congressional defense committees that--
(A) the waiver of such subsection is necessary to ensure an
adequate supply of furnished energy for the covered military
installation; and
(B) the Secretary has balanced these national security
requirements against the potential risk associated with
reliance upon the Russian Federation for furnished energy.
(2) Submission of waiver notice.--Not later than 14 days
before the execution of any energy contract for which a
waiver is granted under paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees
notice of the waiver. The waiver notice shall include the
following:
(A) The rationale for the waiver, including the basis for
the certifications required by subparagraphs (A) and (B) of
paragraph (1).
(B) An assessment of how the waiver may impact the European
energy resiliency strategy.
(C) An explanation of the measures the Department of
Defense is taking to mitigate the risk of using Russian
Federation furnished energy.
(c) Definitions.--In this section:
(1) The term ``covered military installation'' means a
military installation in Europe identified by the Department
of Defense as a main operating base.
(2) The term ``furnished energy'' means energy furnished to
a covered military installation in any form and for any
purpose, including heating, cooling, and electricity.
(d) Conforming Repeal.--Section 2811 of the Military
Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2266) is repealed.
[[Page H9582]]
SEC. 2822. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS FOR
CREDENTIALED TRANSPORTATION WORKERS.
Section 1050(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note)
is amended to read as follows:
``(a) Access to Installations for Credentialed
Transportation Workers.--The Secretary of Defense, to the
extent practicable, shall ensure that the Transportation
Worker Identification Credential is accepted as a valid
credential for unescorted access to Department of Defense
installations by transportation workers.''.
SEC. 2823. IMPROVED RECORDING AND MAINTAINING OF DEPARTMENT
OF DEFENSE REAL PROPERTY DATA.
(a) Initial Report.--Not later than 150 days after the date
of the enactment of this Act, the Undersecretary of Defense
for Acquisition and Sustainment shall submit to the
congressional defense committees a report that evaluates
service-level best practices for recording and maintaining
real property data.
(b) Issuance of Guidance.--Not later than 300 days after
the date of the enactment of this Act, the Undersecretary of
Defense for Acquisition and Sustainment shall issue service-
wide guidance on the recording and collection of real
property data based on the best practices described in the
report.
Subtitle C--Land Conveyances
SEC. 2831. LAND CONVEYANCE, HILL AIR FORCE BASE, OGDEN, UTAH.
(a) Conveyance Required.--The Secretary of the Air Force
may convey, for no monetary consideration, to the State of
Utah or a designee of the State of Utah (in this section
referred to as the ``State'') all right, title, and interest
of the United States in and to a parcel of real property,
including improvements thereon, consisting of approximately
35 acres located at Hill Air Force Base commonly known as the
``Defense Nontactical Generator and Rail Center'' and such
real property adjacent to the Center as the parties consider
to be appropriate, for the purpose of permitting the State to
construct a new interchange for Interstate 15.
(b) Condition Precedent.--The conveyance authorized by
subsection (a) shall be contingent upon the relocation of the
Defense Nontactical Generator and Rail Center.
(c) Termination and Reentry.--If the State does not meet
the conditions required under subsection (d) by the date that
is five years after the date of the conveyance authorized by
subsection (a), or such later date as the Secretary of the
Air Force and the State may agree is reasonably necessary due
to unexpected circumstances, the Secretary of the Air Force
may terminate such conveyance and reenter the property.
(d) Consideration and Conditions of Conveyance.--In
consideration of and as a condition to the conveyance
authorized by subsection (a), the State shall agree to the
following:
(1) Not later than two years after the conveyance, the
State shall, at no cost to the United States Government--
(A) demolish all improvements and associated infrastructure
existing on the property; and
(B) conduct environmental cleanup and remediation of the
property, as required by law and approved by the Utah
Department of Environmental Quality, for the planned
redevelopment and use of the property.
(2) Not later than three years after the completion of the
cleanup and remediation under paragraph (1)(B), the State, at
no cost to the United States Government, shall construct on
Hill Air Force Base a new gate for vehicular and pedestrian
traffic in and out of Hill Air Force Base in compliance with
all applicable construction and security requirements and
such other requirements as the Secretary of the Air Force may
consider necessary.
(3) That the State shall coordinate the demolition,
cleanup, remediation, design, redevelopment, and construction
activities performed pursuant to the conveyance under
subsection (a) with the Secretary of the Air Force, the Utah
Department of Transportation, and the Utah Department of
Environmental Quality.
(e) Environmental Obligations.--The State shall not have
any obligation with respect to cleanup and remediation of an
environmental condition on the property to be conveyed under
subsection (a) unless the condition was in existence and
known before the date of the conveyance or the State
exacerbates the condition which then requires further
remediation.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for such costs
incurred, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental
documentation, and other administrative costs related to the
conveyance. If amounts are collected from the State in
advance of the Secretary incurring actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the State.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance under subsection
(a) or to an appropriate fund or account currently available
to the Secretary for the purposes for which the costs were
paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Air Force and the State.
(h) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2832. RELEASE OF INTERESTS RETAINED IN CAMP JOSEPH T.
ROBINSON, ARKANSAS, FOR USE OF SUCH LAND AS A
VETERANS CEMETERY.
(a) Release of Retained Interests.--
(1) In general.--With respect to a parcel of land at Camp
Joseph T. Robinson, Arkansas, consisting of approximately
141.52 acres that lies in a part of section 35, township 3
north, range 12 west, Pulaski County, Arkansas, and
comprising a portion of the property conveyed by the United
States to the State of Arkansas for training of the National
Guard and for other military purposes pursuant to ``An Act
authorizing the transfer of part of Camp Joseph T. Robinson
to the State of Arkansas'', approved June 30, 1950 (64 Stat.
311, chapter 429), the Secretary of the Army may release the
terms and conditions imposed, and reversionary interests
retained, by the United States under section 2 of such Act,
and the right to reenter and use the property retained by the
United States under section 3 of such Act.
(2) Impact on other rights or interests.--The release of
terms and conditions and retained interests under paragraph
(1) with respect to the parcel described in such paragraph
shall not be construed to alter the rights or interests
retained by the United States with respect to the remainder
of the real property conveyed to the State of Arkansas under
the Act described in such paragraph.
(b) Instrument of Release and Description of Property.--
(1) In general.--The Secretary of the Army may execute and
file in the appropriate office a deed of release, amended
deed, or other appropriate instrument reflecting the release
of terms and conditions and retained interests under
subsection (a).
(2) Legal description.--The exact acreage and legal
description of the property described in subsection (a) shall
be determined by a survey satisfactory to the Secretary of
the Army.
(c) Conditions on Release and Reversionary Interest.--
(1) Expansion of veterans cemetery and reversionary
interest.--
(A) Expansion of veterans cemetery.--The State of Arkansas
may use the parcel of land described in subsection (a)(1)
only for the expansion of the Arkansas State Veterans
Cemetery.
(B) Reversionary interest.--If the Secretary of the Army
determines at any time that the parcel of land described in
subsection (a)(1) is not being used in accordance with the
purpose specified in subparagraph (A), all right, title, and
interest in and to the land, including any improvements
thereto, shall, at the option of the Secretary, revert to and
become the property of the United States, and the United
States shall have the right of immediate entry onto such
parcel.
(2) Additional terms and conditions.--The Secretary of the
Army may require in the instrument of release such additional
terms and conditions in connection with the release of terms
and conditions and retained interests under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
(d) Payment of Administrative Costs.--
(1) Payment required.--
(A) In general.--The Secretary of the Army may require the
State of Arkansas to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the release of terms and
conditions and retained interests under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
release.
(B) Refund of amounts.--If amounts paid to the Secretary by
the State of Arkansas in advance under subparagraph (A)
exceed the costs actually incurred by the Secretary to carry
out the release, the Secretary shall refund the excess amount
to the State.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the release of terms and conditions
and retained interests under subsection (a) shall be credited
to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the release.
Amounts so credited shall be merged with amounts in such fund
or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
SEC. 2833. MODIFICATION OF AUTHORIZED USES OF CERTAIN
PROPERTY CONVEYED BY THE UNITED STATES IN LOS
ANGELES, CALIFORNIA.
(a) In General.--Section 2 of Public Law 85-236 (71 Stat.
517) is amended in the first sentence by inserting after
``for other military purposes'' the following: ``and for
purposes of meeting the needs of the homeless (as that term
is defined in section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302))''.
(b) Modification of Use.--
(1) Application.--The State of California shall submit to
the Administrator of General Services an application for use
of the property conveyed by section 2 of Public Law 85-236
for purposes of meeting the needs of the homeless in
accordance with the amendment made by subsection (a).
[[Page H9583]]
(2) Review of application.--Not later than 60 days after
the date of receipt of an application pursuant to paragraph
(1), the Administrator and the Secretary of Health and Human
Services shall jointly determine whether the use of the
property described in the application is a use for purposes
of meeting the needs of the homeless.
(3) Compatibility with military purposes.--Before executing
any instrument of modification of the deed of conveyance, the
Administrator and the Secretary shall request a review by the
Chief of the National Guard Bureau, in consultation with the
Secretary of the Army, to ensure that any modification of the
use of the property described in the application is
compatible with the current and anticipated future use of the
property for training members of the National Guard and other
military purposes.
(4) Modification of instrument of conveyance.--If the Chief
of the National Guard Bureau determines pursuant to the
review under paragraph (3) that the modification of the use
of the property described in the application is compatible
with the use of the property for training members of the
National Guard and other military purposes, the Administrator
shall execute and record in the appropriate office an
instrument of modification of the deed of conveyance executed
pursuant to Public Law 85-236 in order to authorize such use
of the property described in the application. The instrument
shall be filed within 60 days of such determination and
include such additional terms and conditions as the
Administrator considers appropriate to protect the interests
of the United States.
SEC. 2834. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
CERTAIN PARCELS OF FEDERAL LAND IN ARLINGTON,
VIRGINIA.
(a) Transfer to the Secretary of the Army.--
(1) Transfer.--Administrative jurisdiction over the parcel
of Federal land described in paragraph (2) is transferred
from the Secretary of the Interior to the Secretary of the
Army.
(2) Description of land.--The parcel of Federal land
referred to in paragraph (1) is the approximately 16.09-acre
parcel of land in Arlington, Virginia, as depicted on the map
entitled ``Arlington National Cemetery, Memorial Ave-NPS
Parcel'' and dated February 11, 2019.
(b) Transfer to the Secretary of the Interior.--
(1) Transfer.--Administrative jurisdiction over the parcel
of Federal land described in paragraph (2) is transferred
from the Secretary of the Army to the Secretary of the
Interior.
(2) Description of land.--The parcel of Federal land
referred to in paragraph (1) is the approximately 1.04-acre
parcel of land in Arlington, Virginia, as depicted on the map
entitled ``Arlington National Cemetery-Chaffee NPS Land
Swap'' and dated October 31, 2018.
(c) Land Surveys.--The exact acreage and legal description
of a parcel of Federal land described in subsection (a)(2) or
(b)(2) shall be determined by a survey satisfactory to the
Secretary of the Army and the Secretary of the Interior.
(d) Authority to Correct Errors.--The Secretary of the Army
and the Secretary of the Interior may correct any clerical or
typographical error in a map described in subsection (a)(2)
or (b)(2).
(e) Terms and Conditions.--
(1) No reimbursement or consideration.--A transfer by
subsection (a)(1) or (b)(1) shall be without reimbursement or
consideration.
(2) Continued recreational access.--The use of a bicycle
trail or recreational access within a parcel of Federal land
described in subsection (a)(2) or (b)(2) in which the use or
access is authorized before the date of the enactment of this
Act shall be allowed to continue after the transfer of the
applicable parcel of Federal land by subsection (a)(1) or
(b)(1).
(3) Management of parcel transferred to secretary of the
army.--
(A) In general.--The parcel of Federal land transferred to
the Secretary of the Army by subsection (a)(1) shall be
administered by the Secretary of the Army--
(i) as part of Arlington National Cemetery; and
(ii) in accordance with applicable law, including--
(I) regulations; and
(II) section 2409 of title 38, United States Code.
(B) Memorandum of understanding on operation of maintenance
of memorial.--
(i) In general.--The Secretary of the Army shall seek to
enter into a memorandum of understanding with the Women in
Military Service for America Memorial Foundation, Inc., to
define roles and responsibilities for the shared
responsibility and resources for operation and maintenance of
the Women in Military Service for America Memorial and the
surrounding grounds.
(ii) Allocation of amounts.--The Secretary of the Army may,
pursuant to the memorandum of understanding described in
clause (i), allocate amounts to the foundation described in
that clause to support operation and maintenance of the
memorial described in that clause.
(4) Management of parcel transferred to secretary of the
interior.--The parcel of Federal land transferred to the
Secretary of the Interior by subsection (b)(1) shall be--
(A) included within the boundary of Arlington House, The
Robert E. Lee Memorial; and
(B) administered by the Secretary of the Interior--
(i) as part of the memorial referred to in subparagraph
(A); and
(ii) in accordance with applicable law (including
regulations).
Subtitle D--Military Land Withdrawals
SEC. 2841. PUBLIC NOTICE REGARDING UPCOMING PERIODS OF
SECRETARY OF THE NAVY MANAGEMENT OF SHARED USE
AREA OF THE JOHNSON VALLEY OFF-HIGHWAY VEHICLE
RECREATION AREA.
(a) Public Notice Required.--Section 2942(b)(2) of the
Military Land Withdrawals Act of 2013 (title XXIX of Public
Law 113-66; 127 Stat. 1036) is amended by adding at the end
the following new subparagraph:
``(D) Public notice.--Not later than one year before the
date on which a 30-day period of Secretary of the Navy
management of the Shared Use Area commences, the Secretary of
the Navy, acting through the Resource Management Group
established pursuant to section 2944, shall notify the public
of such date of commencement and the intention of the Armed
Forces to use the Shared Use Area for military training
purposes. The Secretary of the Navy, upon notice to the
Secretary of the Interior, may waive such public notice in
the event of an emergent military training requirement.''.
(b) Application of Amendment.--Subparagraph (D) of section
2942(b)(2) of the Military Land Withdrawals Act of 2013
(title XXIX of Public Law 113-66; 127 Stat. 1036), as added
by subsection (a), shall apply to periods of Secretary of the
Navy management of the Shared Use Area of the Johnson Valley
Off-Highway Vehicle Recreation Area under such section that
commence on or after January 1, 2021.
Subtitle E--White Sands National Park and White Sands Missile Range
SEC. 2851. WHITE SANDS MISSILE RANGE LAND ENHANCEMENTS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled ``White
Sands National Park Proposed Boundary Revision & Transfer of
Lands Between National Park Service & Department of the
Army'', numbered 142/136,271, and dated February 14, 2017.
(2) Military munitions.--The term ``military munitions''
has the meaning given the term in section 101(e) of title 10,
United States Code.
(3) Missile range.--The term ``missile range'' means the
White Sands Missile Range, New Mexico, administered by the
Secretary of the Army.
(4) Monument.--The term ``Monument'' means the White Sands
National Monument, New Mexico, established by Presidential
Proclamation No. 2025 (54 U.S.C. 320301 note), dated January
18, 1933, and administered by the Secretary of the Interior.
(5) Munitions debris.--The term ``munitions debris'' has
the meaning given the term in volume 8 of the Department of
Defense Manual Number 6055.09-M entitled ``DoD Ammunitions
and Explosives Safety Standards'' and dated February 29, 2008
(as in effect on the date of the enactment of this Act).
(6) Park.--The term ``Park'' means the White Sands National
Park established by subsection (b)(1).
(7) Public land order.--The term ``Public Land Order''
means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg.
4822).
(8) State.--The term ``State'' means the State of New
Mexico.
(b) White Sands National Park.--
(1) Establishment.--To protect, preserve, and restore its
scenic, scientific, educational, natural, geological,
historical, cultural, archaeological, paleontological,
hydrological, fish, wildlife, and recreational values and to
enhance visitor experiences, there is established in the
State the White Sands National Park as a unit of the National
Park System.
(2) Abolishment of white sands national monument.--
(A) Abolishment.--Due to the establishment of the Park, the
Monument is abolished.
(B) Incorporation.--The land and interests in land that
comprise the Monument are incorporated in, and shall be
considered to be part of, the Park.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``White Sands National Monument'' shall be considered to be a
reference to the ``White Sands National Park''.
(4) Availability of funds.--Any funds available for the
Monument shall be available for the Park.
(5) Administration.--The Secretary of the Interior shall
administer the Park in accordance with--
(A) this subsection; and
(B) the laws generally applicable to units of the National
Park System, including section 100101(a), chapter 1003,
sections 100751(a), 100752, 100753, and 102101, and chapter
3201 of title 54, United States Code.
(6) World heritage list nomination.--
(A) County concurrence.--The Secretary of the Interior
shall not submit a nomination for the Park to be included on
the World Heritage List of the United Nations Educational,
Scientific and Cultural Organization unless each county in
which the Park is located concurs in the nomination.
(B) Army notification.--Before submitting a nomination for
the Park to be included on the World Heritage List of the
United Nations Educational, Scientific and Cultural
Organization, the Secretary of the Interior shall notify the
Secretary of the Army of the intent of the Secretary of the
Interior to nominate the Park.
(7) Effect.--Nothing in this subsection affects--
(A) valid existing rights (including water rights);
(B) permits or contracts issued by the Monument;
(C) existing agreements, including agreements with the
Department of Defense;
(D) the jurisdiction of the Department of Defense regarding
the restricted airspace above the Park; or
[[Page H9584]]
(E) the airshed classification of the Park under the Clean
Air Act (42 U.S.C. 7401 et seq.).
(c) Modification of Boundaries of White Sands National Park
and White Sands Missile Range.--
(1) Transfers of administrative jurisdiction.--
(A) Transfer of administrative jurisdiction to the
secretary of the interior.--
(i) In general.--Administrative jurisdiction over the land
described in clause (ii) is transferred from the Secretary of
the Army to the Secretary of the Interior.
(ii) Description of land.--The land referred to in clause
(i) is--
(I) the approximately 2,826 acres of land identified as
``To NPS, lands inside current boundary'' on the Map; and
(II) the approximately 5,766 acres of land identified as
``To NPS, new additions'' on the Map.
(B) Transfer of administrative jurisdiction to the
secretary of the army.--
(i) In general.--Administrative jurisdiction over the land
described in clause (ii) is transferred from the Secretary of
the Interior to the Secretary of the Army.
(ii) Description of land.--The land referred to in clause
(i) is the approximately 3,737 acres of land identified as
``To DOA'' on the Map.
(2) Boundary modifications.--
(A) Park.--
(i) In general.--The boundary of the Park is revised to
reflect the boundary depicted on the Map.
(ii) Map.--
(I) In general.--The Secretary of the Interior, in
coordination with the Secretary of the Army, shall prepare
and keep on file for public inspection in the appropriate
office of the Secretary of the Interior a map and a legal
description of the revised boundary of the Park.
(II) Effect.--The map and legal description under subclause
(I) shall have the same force and effect as if included in
this section, except that the Secretary of the Interior may
correct clerical and typographical errors in the map and
legal description.
(iii) Boundary survey.--As soon as practicable after the
date of the establishment of the Park and subject to the
availability of funds, the Secretary of the Interior shall
complete an official boundary survey of the Park.
(B) Missile range.--
(i) In general.--The boundary of the missile range and the
Public Land Order are modified to exclude the land
transferred to the Secretary of the Interior under paragraph
(1)(A) and to include the land transferred to the Secretary
of the Army under paragraph (1)(B).
(ii) Map.--The Secretary of the Interior shall prepare a
map and legal description depicting the revised boundary of
the missile range.
(C) Conforming amendment.--Section 2854 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 54 U.S.C. 320301 note) is repealed.
(3) Administration.--
(A) Park.--The Secretary of the Interior shall administer
the land transferred under paragraph (1)(A) in accordance
with laws (including regulations) applicable to the Park.
(B) Missile range.--Subject to subparagraph (C), the
Secretary of the Army shall administer the land transferred
to the Secretary of the Army under paragraph (1)(B) as part
of the missile range.
(C) Infrastructure; resource management.--
(i) Range road 7.--
(I) Infrastructure management.--To the maximum extent
practicable, in planning, constructing, and managing
infrastructure on the land described in subclause (III), the
Secretary of the Army shall apply low-impact development
techniques and strategies to prevent impacts within the
missile range and the Park from stormwater runoff from the
land described in that subclause.
(II) Resource management.--The Secretary of the Army
shall--
(aa) manage the land described in subclause (III) in a
manner consistent with the protection of natural and cultural
resources within the missile range and the Park and in
accordance with section 101(a)(1)(B) of the Sikes Act (16
U.S.C. 670a(a)(1)(B)), division A of subtitle III of title
54, United States Code, and the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
(bb) include the land described in subclause (III) in the
integrated natural and cultural resource management plan for
the missile range.
(III) Description of land.--The land referred to in
subclauses (I) and (II) is the land that is transferred to
the administrative jurisdiction of the Secretary of the Army
under paragraph (1)(B) and located in the area east of Range
Road 7 in--
(aa) T. 17 S., R. 5 E., sec. 31;
(bb) T. 18 S., R. 5 E.; and
(cc) T. 19 S., R. 5 E., sec. 5.
(ii) Fence.--
(I) In general.--The Secretary of the Army shall continue
to allow the Secretary of the Interior to maintain the fence
shown on the Map until such time as the Secretary of the
Interior determines that the fence is unnecessary for the
management of the Park.
(II) Removal.--If the Secretary of the Interior determines
that the fence is unnecessary for the management of the Park
under subclause (I), the Secretary of the Interior shall
promptly remove the fence at the expense of the Department of
the Interior.
(D) Research.--The Secretary of the Army and the Secretary
of the Interior may enter into an agreement to allow the
Secretary of the Interior to conduct certain research in the
area identified as ``Cooperative Use Research Area'' on the
Map.
(E) Military munitions and munitions debris.--
(i) Response action.--With respect to any Federal
liability, the Secretary of the Army shall remain responsible
for any response action addressing military munitions or
munitions debris on the land transferred under paragraph
(1)(A) to the same extent as on the day before the date of
the enactment of this Act.
(ii) Investigation of military munitions and munitions
debris.--
(I) In general.--The Secretary of the Interior may request
that the Secretary of the Army conduct 1 or more
investigations of military munitions or munitions debris on
any land transferred under paragraph (1)(A).
(II) Access.--The Secretary of the Interior shall give
access to the Secretary of the Army to the land covered by a
request under subclause (I) for the purposes of conducting
the 1 or more investigations under that subclause.
(III) Limitation.--An investigation conducted under this
clause shall be subject to available appropriations.
(iii) Applicable law.--Any activities undertaken under this
subparagraph shall be carried out in accordance with--
(I) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(II) the purposes for which the Park was established; and
(III) any other applicable law.
Subtitle F--Other Matters
SEC. 2861. INSTALLATION AND MAINTENANCE OF FIRE EXTINGUISHERS
IN DEPARTMENT OF DEFENSE FACILITIES.
The Secretary of Defense shall ensure that portable fire
extinguishers are installed and maintained in all Department
of Defense facilities, in accordance with requirements of
national model fire codes developed by the National Fire
Protection Association and the International Code Council
that require redundancy and extinguishers throughout
occupancies regardless of the presence of other suppression
systems or alarm systems.
SEC. 2862. DEFINITION OF COMMUNITY INFRASTRUCTURE FOR
PURPOSES OF MILITARY BASE REUSE STUDIES AND
COMMUNITY PLANNING ASSISTANCE.
Paragraph (4) of section 2391(e) of title 10, United States
Code, is amended to read as follows:
``(4)(A) The term `community infrastructure' means a
project or facility described in subparagraph (B) that--
``(i) is located off of a military installation; and
``(ii) is--
``(I) owned by a State or local government; or
``(II) a not-for-profit, member-owned utility service.
``(B) A project or facility described in this subparagraph
is any of the following:
``(i) Any transportation project.
``(ii) A school, hospital, police, fire, emergency
response, or other community support facility.
``(iii) A water, waste-water, telecommunications, electric,
gas, or other utility infrastructure project.''.
SEC. 2863. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF
CONTRIBUTIONS FOR CERTAIN DESIGN AND
CONSTRUCTION PROJECTS MUTUALLY BENEFICIAL TO
THE DEPARTMENT OF DEFENSE AND THE REPUBLIC OF
KOREA.
(a) Acceptance of Contributions.--
(1) In general.--The Secretary concerned may accept cash
contributions from the Republic of Korea to carry out the
following:
(A) The design and construction of the Black Hat
Intelligence Fusion Center, Camp Humphreys, Republic of
Korea.
(B) The design of the Korean Air and Space Operations and
Intelligence Center, Osan Air Base, Republic of Korea.
(2) Cost-sharing agreement.--In the event the contribution
under paragraph (1) is insufficient to cover the entire cost
of the activity authorized under that paragraph, the
Secretary concerned shall enter into a cost-sharing agreement
with the Republic of Korea detailing the portion of the
authorized activity that is to be funded with the
contribution and identifying sufficient other funds to
undertake the entire authorized activity.
(b) Establishment of Account.--Contributions accepted under
subsection (a) shall be placed in an account established by
the Secretary concerned and shall remain available until
expended as provided in such subsection.
(c) Notice.--
(1) In general.--Not later than 14 days before carrying out
a project using contributions accepted under subsection (a)
for which the estimated cost of the project will exceed the
thresholds prescribed by section 2805 of title 10, United
States Code, the Secretary concerned shall submit to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives--
(A) a written notice of the decision to carry out the
project;
(B) a justification for the project; and
(C) the estimated cost of the project.
(2) Notice for projects that require cost sharing.--Not
later than 14 days before carrying out a project using
contributions accepted under subsection (a) for which a cost-
sharing agreement is entered into under paragraph (2) of such
subsection, the Secretary concerned shall submit to the
congressional defense committees in an electronic medium
pursuant to section 480 of title 10, United States Code--
(A) a written notice of the acceptance of the contributions
for the project;
(B) a copy of the Department of Defense Form 1391 for the
project;
(C) the estimated cost of the project; and
[[Page H9585]]
(D) details on the cost-sharing agreement with the Republic
of Korea.
(d) Expiration of Project Authority.--
(1) In general.--The authority to accept contributions and
carry out projects under this section expires on September
30, 2030.
(2) Continuation of projects.--The expiration of authority
under paragraph (1) does not prevent the continuation of any
project commenced before the date specified in that
paragraph.
(e) Mutually Beneficial.--A project described in subsection
(a) shall be considered to be mutually beneficial if--
(1) the project is in support of a bilateral defense
cooperation agreement between the United States and the
Republic of Korea; or
(2) the Secretary concerned determines that the United
States may derive a benefit from the project, including--
(A) access to and use of facilities of the military forces
of the Republic of Korea;
(B) ability or capacity for future force posture; and
(C) increased interoperability between military forces of
the Department of Defense and the Republic of Korea.
(f) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(9) of title 10, United States Code.
SEC. 2864. BLACK START EXERCISES AT MILITARY INSTALLATIONS.
(a) Requirement.--Not later than September 30, 2020, the
Secretary of Defense shall conduct a black start exercise at
three military installations, at least one of which shall be
a Joint Base. The exercises shall be conducted at
installations at which such an exercise has not previously
been conducted, for the purpose of identifying any
shortcomings in infrastructure, joint operations, joint
coordination, and security that would result from a loss of
power at the installation.
(b) Report.--Not later than June 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees
a report that contains a discussion of lessons learned from
black start exercises conducted by the Secretary of Defense
during the period beginning with the first such exercise and
ending on December 31, 2019, including the three most
recurring issues identified as a result of such exercises
with respect to infrastructure, joint coordination efforts,
and security.
(c) Black Start Exercise Defined.--In this section, the
term ``black start exercise'' means, with respect to a
military installation, an exercise in which commercial
utility power at the installation is dropped before backup
generation assets start, for the purpose of--
(1) testing the ability of the backup systems to start,
transfer the load, and carry the load until commercial power
is restored;
(2) aligning stakeholders on critical energy requirements
to meet mission requirements;
(3) validating mission operation plans, such as continuity
of operations plans;
(4) identifying infrastructure interdependencies; and
(5) verifying backup electric power system performance.
SEC. 2865. PILOT PROGRAM TO EXTEND SERVICE LIFE OF ROADS AND
RUNWAYS UNDER THE JURISDICTION OF THE SECRETARY
OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense, in
consultation with the Secretary of Transportation, may carry
out a pilot program to design, build, and test technologies,
techniques, and materials in order to extend the service life
of roads and runways under the jurisdiction of the Secretary
of Defense.
(b) Scope.--The pilot program under subsection (a) shall
include the following:
(1) The design, testing, and assembly of technologies and
systems suitable for pavement applications.
(2) Research, development, and testing of pavement
materials for use in different geographic areas in the United
States.
(3) The design and procurement of platforms and equipment
to test the performance, cost, feasibility, and effectiveness
of the technologies, systems, and materials described in
paragraphs (1) and (2).
(c) Award of Contracts or Grants.--
(1) In general.--The Secretary of Defense may carry out the
pilot program under subsection (a) through the award of
contracts or grants for the designing, building, or testing
of technologies, techniques, and materials under the pilot
program.
(2) Merit-based selection.--Any award of a contract or
grant under the pilot program under subsection (a) shall be
made using merit-based selection procedures.
(d) Report.--
(1) In general.--Not later than two years after the
commencement of the pilot program under subsection (a), the
Secretary of Defense shall submit to the congressional
defense committees a report on the pilot program.
(2) Contents.--The report under paragraph (1) with respect
to the pilot program shall include the following:
(A) An assessment of the effectiveness of activities under
the pilot program in improving the service life of roads and
runways under the jurisdiction of the Secretary.
(B) An analysis of the potential lifetime cost savings and
reduction in energy demands associated with the extended
service life of such roads and runways.
(e) Termination of Authority.--The pilot program under
subsection (a) shall terminate on September 30, 2024.
SEC. 2866. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON
BACKSCATTER RADAR SYSTEM RECEIVING STATION,
MODOC COUNTY, CALIFORNIA.
(a) Restrictions.--Except as provided in subsection (b),
the Secretary of the Air Force may not use any funds or
resources of the Department of the Air Force to carry out the
rehabilitation of the obsolete Over-the-Horizon Backscatter
Radar System receiving station located in Modoc National
Forest in the State of California.
(b) Exception for Removal of Perimeter Fence.--
Notwithstanding subsection (a), the Secretary of the Air
Force may use funds and resources of the Department of the
Air Force--
(1) to remove the perimeter fence, which was treated with
an arsenic-based weatherproof coating, surrounding the Over-
the-Horizon Backscatter Radar System receiving station
referred to in such subsection; and
(2) to carry out the mitigation of soil contamination
associated with such fence.
(c) Sunset.--The restrictions in subsection (a) shall
terminate on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2025.
SEC. 2867. DESIGNATION OF SUMPTER SMITH JOINT NATIONAL GUARD
BASE.
(a) Designation.--The Sumpter Smith Air National Guard Base
in Birmingham, Alabama, shall after the date of the enactment
of this Act be known and designated as the ``Sumpter Smith
Joint National Guard Base''.
(b) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
installation referred to in subsection (a) shall be
considered to be a reference to the Sumpter Smith Joint
National Guard Base.
SEC. 2868. SANTA YNEZ BAND OF CHUMASH INDIANS LAND
AFFIRMATION.
(a) Short Title.--This section may be cited as the ``Santa
Ynez Band of Chumash Indians Land Affirmation Act of 2019''.
(b) Findings.--Congress finds the following:
(1) On October 13, 2017, the General Council of the Santa
Ynez Band of Chumash Indians voted to approve the Memorandum
of Agreement between the County of Santa Barbara and the
Santa Ynez Band of Chumash Indians regarding the
approximately 1,427.28 acres of land, commonly known as Camp
4, and authorized the Tribal Chairman to sign the Memorandum
of Agreement.
(2) On October 31, 2017, the Board of Supervisors for the
County of Santa Barbara approved the Memorandum of Agreement
on Camp 4 and authorized the Chair to sign the Memorandum of
Agreement.
(3) The Secretary of the Interior approved the Memorandum
of Agreement pursuant to section 2103 of the Revised Statutes
(25 U.S.C. 81).
(c) Land to Be Taken Into Trust.--
(1) In general.--The approximately l,427.28 acres of land
in Santa Barbara County, CA described in paragraph (3), is
hereby taken into trust for the benefit of the Tribe, subject
to valid existing rights, contracts, and management
agreements related to easements and rights-of-way.
(2) Administration.--
(A) Administration.--The land described in paragraph (3)
shall be a part of the Santa Ynez Indian Reservation and
administered in accordance with the laws and regulations
generally applicable to the land held in trust by the United
States for an Indian tribe.
(B) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), placing the land
described in paragraph (3) into trust shall remove any
restrictions on the property pursuant to California
Government Code Section 51295 or any other provision of such
Act.
(3) Legal description of lands transferred.--The lands to
be taken into trust for the benefit of the Tribe pursuant to
this Act are described as follows:
Legal Land Description/Site Location: Real property in the
unincorporated area of the County of Santa Barbara, State of
California, described as follows: PARCEL 1: (APN: 141-121-51
AND PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE,
OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF
THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3,
AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-
140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE
MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE
PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL
RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-
10) LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2,
7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN
THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON
THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS
OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY
OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF
CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN
BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS
LEGAL IS MADE PURSUANT TO THAT
[[Page H9586]]
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001
AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4:
(APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1
THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001
AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5:
(PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF
TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF
THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3,
AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND
GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED
RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL
RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001
AS INSTRUMENT NO. 01-105584 OF OFFICIAL RECORDS.
(4) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(B) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(C) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before
the date of the enactment of this Act.
(5) Restricted use of transferred lands.--The Tribe may not
conduct, on the land described in paragraph (3) taken into
trust for the Tribe pursuant to this section, gaming
activities--
(A) as a matter of claimed inherent authority; or
(B) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(6) Definitions.--For the purposes of this subsection:
(A) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(B) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians.
SEC. 2869. LANDS TO BE TAKEN INTO TRUST AS PART OF THE
RESERVATION OF THE LYTTON RANCHERIA.
(a) Findings.--Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after its
relationship to the United States was unjustly and unlawfully
terminated in 1958. The Tribe was restored to Federal
recognition in 1991, but the conditions of its restoration
have prevented it from regaining a homeland on its original
lands.
(2) Congress needs to take action to reverse historic
injustices that befell the Tribe and that have prevented it
from regaining a viable homeland for its people.
(3) Prior to European contact there were as many as 350,000
Indians living in what is now the State of California. By the
turn of the 19th century, that number had been reduced to
approximately 15,000 individuals, many of them homeless and
living in scattered bands and communities.
(4) The Lytton Rancheria's original homeland was purchased
by the United States in 1926 pursuant to congressional
authority designed to remedy the unique tragedy that befell
the Indians of California and provide them with reservations
called Rancherias to be held in trust by the United States.
(5) After the Lytton Rancheria lands were purchased by the
United States, the Tribe settled on the land and sustained
itself for several decades by farming and ranching.
(6) By the mid-1950s, Federal Indian policy had shifted
back towards a policy of terminating the Federal relationship
with Indian tribes. In 1958, Congress enacted the Rancheria
Act of 1958 (72 Stat. 619), which slated 41 Rancherias in
California, including the Lytton Rancheria, for termination
after certain conditions were met.
(7) On August 1, 1961, the Federal Government terminated
its relationship with the Lytton Rancheria. This termination
was illegal because the conditions for termination under the
Rancheria Act had never been met. After termination was
implemented, the Tribe lost its lands and was left without
any means of supporting itself.
(8) In 1987, the Tribe joined three other tribes in a
lawsuit against the United States challenging the illegal
termination of their Rancherias. A Stipulated Judgment in the
case, Scotts Valley Band of Pomo Indians of the Sugar Bowl
Rancheria v. United States, No. C-86-3660 (N.D.Cal. March 22,
1991), restored the Lytton Rancheria to its status as a
federally recognized Indian tribe.
(9) The Stipulated Judgment provides that the Lytton
Rancheria would have the ``individual and collective status
and rights'' which it had prior to its termination and
expressly contemplated the acquisition of trust lands for the
Lytton Rancheria.
(10) The Stipulated Judgment contains provisions, included
at the request of the local county governments and
neighboring landowners, that prohibit the Lytton Rancheria
from exercising its full Federal rights on its original
homeland in the Alexander Valley.
(11) In 2000, approximately 9.5 acres of land in San Pablo,
California, was placed in trust status for the Lytton
Rancheria for economic development purposes.
(12) The Tribe has since acquired, from willing sellers at
fair market value, property in Sonoma County near the Tribe's
historic Rancheria. This property, which the Tribe holds in
fee status, is suitable for a new homeland for the Tribe.
(13) On a portion of the land to be taken into trust, which
portion totals approximately 124.12 acres, the Tribe plans to
build housing for its members and governmental and community
facilities.
(14) A portion of the land to be taken into trust is being
used for viniculture, and the Tribe intends to develop more
of the lands to be taken into trust for viniculture. The
Tribe's investment in the ongoing viniculture operation has
reinvigorated the vineyards, which are producing high-quality
wines. The Tribe is operating its vineyards on a sustainable
basis and is working toward certification of sustainability.
(15) No gaming shall be conducted on the lands to be taken
into trust by this section.
(16) No gaming shall be conducted on any lands taken into
trust on behalf of the Tribe in Sonoma County after the date
of the enactment of this Act.
(17) By directing that these lands be taken into trust, the
United States will ensure that the Lytton Rancheria will
finally have a permanently protected homeland on which the
Tribe can once again live communally and plan for future
generations. This action is necessary to fully restore the
Tribe to the status it had before it was wrongfully
terminated in 1961.
(18) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement as amended in 2018 in which the
County agrees to the lands in the County being taken into
trust for the benefit of the Tribe in consideration for
commitments made by the Tribe.
(b) Definitions.--For the purpose of this section, the
following definitions apply:
(1) County.--The term ``County'' means Sonoma County,
California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lytton Rancheria
of California.
(c) Lands to Be Taken Into Trust.--
(1) In general.--The land owned by the Tribe and generally
depicted on the map titled ``Lytton Fee Owned Property to be
Taken into Trust'' and dated May 1, 2015, is hereby taken
into trust for the benefit of the Tribe, subject to valid
existing rights, contracts, and management agreements related
to easements and rights-of-way.
(2) Lands to be made part of the reservation.--Lands taken
into trust under paragraph (1) shall be part of the Tribe's
reservation and shall be administered in accordance with the
laws and regulations generally applicable to property held in
trust by the United States for an Indian tribe.
(d) Gaming.--
(1) Lands taken into trust under this section.--Lands taken
into trust for the benefit of the Tribe under subsection (c)
shall not be eligible for gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
(2) Other lands taken into trust.--Lands taken into trust
for the benefit of the Tribe in Sonoma County after the date
of the enactment of this Act shall not be eligible for gaming
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.).
(e) Applicability of Certain Law.--Notwithstanding any
other provision of law, the Memorandum of Agreement entered
into by the Tribe and the County concerning taking land in
the County into trust for the benefit of the Tribe, which was
approved by the County Board of Supervisors on March 10,
2015, and any addenda and supplement or amendment thereto, is
not subject to review or approval of the Secretary in order
to be effective, including review or approval under section
2103 of the Revised Statutes (25 U.S.C. 81).
SEC. 2870. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA.
(a) Findings.--Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina Treaty of
1863, under which a large area of land in the State of North
Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the
signatories of the Pembina Treaty of 1863, have been
recognized by the Federal Government as distinct Indian
tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more
than 100 years since ceding land in the State of North Dakota
as described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of
June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934
(25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act'');
[[Page H9587]]
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to
reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934
(25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under
the Act of August 13, 1946 (60 Stat. 1049) (commonly known as
the ``Indian Claims Commission Act''), to petition for
additional compensation for land ceded to the United States
under the Pembina Treaty of 1863 and the McCumber Agreement
of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have
had continuous dealings with the recognized political leaders
of the Tribe since the 1930s.
(b) Definitions.--In this section:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to subsection (f).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
(c) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Effect of federal laws.--Except as otherwise provided
in this section, all Federal laws (including regulations) of
general application to Indians and Indian tribes, including
the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly
known as the ``Indian Reorganization Act''), shall apply to
the Tribe and members.
(d) Federal Services and Benefits.--
(1) In general.--Beginning on the date of enactment of this
Act, the Tribe and each member shall be eligible for all
services and benefits provided by the United States to
Indians and federally recognized Indian tribes, without
regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any member on or near
an Indian reservation.
(2) Service area.--For purposes of the delivery of services
and benefits to members, the service area of the Tribe shall
be considered to be the area comprised of Blaine, Cascade,
Glacier, and Hill Counties in the State of Montana.
(e) Reaffirmation of Rights.--
(1) In general.--Nothing in this section diminishes any
right or privilege of the Tribe or any member that existed
before the date of enactment of this Act.
(2) Claims of tribe.--Except as otherwise provided in this
section, nothing in this section alters or affects any legal
or equitable claim of the Tribe to enforce any right or
privilege reserved by, or granted to, the Tribe that was
wrongfully denied to, or taken from, the Tribe before the
date of enactment of this Act.
(f) Membership Roll.--
(1) In general.--As a condition of receiving recognition,
services, and benefits pursuant to this section, the Tribe
shall submit to the Secretary, by not later than 18 months
after the date of enactment of this Act, a membership roll
consisting of the name of each individual enrolled as a
member of the Tribe.
(2) Determination of membership.--The qualifications for
inclusion on the membership roll of the Tribe shall be
determined in accordance with sections 1 through 3 of article
5 of the constitution of the Tribe dated September 10, 1977
(including amendments to the constitution).
(3) Maintenance of roll.--The Tribe shall maintain the
membership roll under this subsection.
(g) Acquisition of Land.--
(1) Homeland.--The Secretary shall acquire, for the benefit
of the Tribe, trust title to 200 acres of land within the
service area of the Tribe to be used for a tribal land base.
(2) Additional land.--The Secretary may acquire additional
land for the benefit of the Tribe pursuant to section 5 of
the Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as
the ``Indian Reorganization Act'').
SEC. 2871. SENSE OF CONGRESS ON RESTORATION OF TYNDALL AIR
FORCE BASE.
It is the sense of Congress that the Secretary of the Air
Force should--
(1) restore Tyndall Air Force Base to achieve military
installation resilience, as defined in section 101(e)(8) of
title 10, United States Code; and
(2) use innovative construction methods, materials,
designs, and technologies in carrying out such restoration in
order to achieve efficiencies, cost savings, resiliency, and
capability, which may include--
(A) open architecture design to evolve with the national
defense strategy; and
(B) efficient ergonomic enterprise for members of the Air
Force in the 21st century.
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION
Subtitle A--Overseas Contingency Operations Military Construction
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2905. Authorization of appropriations.
Subtitle B--Emergency Military Construction
Sec. 2911. Authorization of emergency Navy construction and land
acquisition projects.
Sec. 2912. Authorization of emergency Air Force construction and land
acquisition projects.
Sec. 2913. Authorization of emergency Army National Guard construction
and land acquisition projects.
Sec. 2914. Authorization of emergency Defense Agencies construction and
land acquisition projects.
Sec. 2915. Authorization of emergency supplemental appropriations for
military construction projects.
Subtitle A--Overseas Contingency Operations Military Construction
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Army may acquire real property and carry out
the military construction projects for the installations
outside the United States, and in the amounts, set forth in
the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo Bay Naval Station............... $33,800,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $78,412,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Army shall submit to the
congressional defense committees a report containing a plan
to carry out each military construction project authorized in
the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative.
The plan shall include a Department of Defense Form 1391 for
each proposed project. The Secretary may not commence a
project until the report has been submitted.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Navy may acquire real property and carry out
the military construction projects for the installations
outside the United States, and in the amounts, set forth in
the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain......................................... SW Asia.................................... $53,360,000
Italy........................................... Sigonella.................................. $77,400,000
Spain........................................... Rota....................................... $69,570,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $36,211,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Navy shall submit to the
congressional defense committees a report containing a plan
to carry out each military construction project authorized in
the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative.
The plan shall
[[Page H9588]]
include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the
report has been submitted.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Air Force may acquire real property and
carry out the military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Iceland......................................... Keflavik................................... $57,000,000
Jordan.......................................... Azraq...................................... $66,000,000
Spain........................................... Moron...................................... $8,500,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $211,211,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report containing a plan
to carry out each military construction project authorized in
the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative.
The plan shall include a Department of Defense Form 1391 for
each proposed project. The Secretary may not commence a
project until the report has been submitted.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may acquire real property and
carry out the military construction project for the
installation outside the United States, and in the amount,
set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Gemersheim..................................... $46,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for the military
construction projects outside the United States authorized by
this subtitle as specified in the funding table in section
4602.
Subtitle B--Emergency Military Construction
SEC. 2911. AUTHORIZATION OF EMERGENCY NAVY CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) Navy Authorization.--Subject to subsection (b), using
amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military
construction projects inside the United States as specified
in the funding table in section 4603, the Secretary of the
Navy may acquire real property and carry out military
construction projects for the installations or locations
inside the United States, and in the amounts, set forth in
the following table:
Navy Authorization
------------------------------------------------------------------------
Installation or
State or Location Location Amount
------------------------------------------------------------------------
California................... Naval Air $1,152,680,000
Weapons Station
China Lake.....
North Carolina............... Camp Lejeune.... $627,747,000
Marine Corps Air $66,551,000
Station Cherry
Point..........
NCAS New River.. $465,822,000
------------------------------------------------------------------------
(b) Report Required as a Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Navy shall submit to the
congressional defense committees a report containing a plan
to carry out the military construction projects authorized by
this section. The plan shall include an explanation of how
each military construction project will incorporate
mitigation measures that reduce the threat from extreme
weather events, mean sea level fluctuation, flooding, and any
other known environmental threat to resilience, including a
list of any areas in which there is a variance from the local
building requirements and an explanation of the reason for
the variance. The plan shall also include a Department of
Defense Form 1391 for each proposed project. The Secretary
may not commence a project until the report required from the
Secretary has been submitted.
SEC. 2912. AUTHORIZATION OF EMERGENCY AIR FORCE CONSTRUCTION
AND LAND ACQUISITION PROJECTS.
(a) Air Force Authorization.--Subject to subsection (b),
using amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military
construction projects inside the United States as specified
in the funding table in section 4603, the Secretary of the
Air Force may acquire real property and carry out military
construction projects for the installations or locations
inside the United States, and in the amounts, set forth in
the following table:
Air Force Authorization
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Florida...................... Tyndall Air $1,500,200,000
Force Base.....
Nebraska..................... Offutt Air Force $140,500,000
Base...........
Virginia..................... Joint Base $31,000,000
Langley-Eustis.
------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Air Force shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing a plan to carry out the
military construction projects authorized by this section.
The plan shall include an explanation of how each military
construction project will incorporate mitigation measures
that reduce the threat from extreme weather events, mean sea
level fluctuation, flooding, and any other known
environmental threat to resilience, including a list of any
areas in which there is a variance from the local building
requirements and an explanation of the reason for the
variance. The plan shall also include a Department of Defense
Form 1391 for each proposed project. The Secretary may not
commence a project until the report required from the
Secretary has been submitted.
SEC. 2913. AUTHORIZATION OF EMERGENCY ARMY NATIONAL GUARD
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Army National Guard Authorization.--Subject to
subsection (b), using amounts appropriated pursuant to the
authorization of appropriations in section 2915 and available
for military construction projects inside the United States
as specified in the funding table in section 4603, the
Secretary of the Army may acquire real property and carry out
military construction projects for the installations or
locations inside the United States, and in the amounts, set
forth in the following table:
[[Page H9589]]
Army National Guard Authorization
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... Pineville.................................. $16,500,000
Nebraska........................................ Ashland.................................... $43,500,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Army shall submit to the
congressional defense committees a report containing a plan
to carry out the military construction projects authorized by
this section. The plan shall include an explanation of how
each military construction project will incorporate
mitigation measures that reduce the threat from extreme
weather events, mean sea level fluctuation, flooding, and any
other known environmental threat to resilience, including a
list of any areas in which there is a variance from the local
building requirements and an explanation of the reason for
the variance. The plan shall also include a Department of
Defense Form 1391 for each proposed project. The Secretary
may not commence a project until the report required from the
Secretary has been submitted.
SEC. 2914. AUTHORIZATION OF EMERGENCY DEFENSE AGENCIES
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Defense Agencies Authorization.--Subject to subsection
(b), using amounts appropriated pursuant to the authorization
of appropriations in section 2915 and available for military
construction projects inside the United States as specified
in the funding table in section 4603, the Secretary of
Defense may acquire real property and carry out the military
construction project for the installation inside the United
States, and in the amount, set forth in the following table:
Defense Agencies Authorization
----------------------------------------------------------------------------------------------------------------
State or Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.................................. Camp Lejeune............................... $75,313,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as a Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing a plan
to carry out the military construction project authorized by
this section. The plan shall include an explanation of how
the military construction project will incorporate mitigation
measures that reduce the threat from extreme weather events,
mean sea level fluctuation, flooding, and any other known
environmental threat to resilience, including a list of any
areas in which there is a variance from the local building
requirements and an explanation of the reason for the
variance. The plan shall also include a Department of Defense
Form 1391 for the proposed project. The Secretary may not
commence the project until the report required from the
Secretary has been submitted.
SEC. 2915. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR MILITARY CONSTRUCTION
PROJECTS.
Funds are hereby authorized to be appropriated for the
Department of Defense for the military construction projects
authorized by this subtitle as specified in the funding table
in section 4603, in such amounts as may be designated as
emergency requirements pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901(b)(2)(A)(i)).
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
Sec. 3001. Definitions.
Subtitle A--Addition of New Reform Subchapter
Sec. 3011. Improved accountability and oversight of privatized military
housing and protections and responsibilities for tenants
of privatized military housing.
Sec. 3012. Designation of Chief Housing Officer for privatized military
housing.
Sec. 3013. Additional requirements relating to contracts for privatized
military housing.
Sec. 3014. Additional requirements relating to management of privatized
military housing.
Sec. 3015. Consideration of contractor history in contracts for
privatized military housing.
Sec. 3016. Additional improvements for management of privatized
military housing.
Sec. 3017. Maintenance work order system for privatized military
housing.
Sec. 3018. Access by tenants of privatized military housing to
maintenance work order system.
Sec. 3019. Access by tenants to historical maintenance information for
privatized military housing.
Sec. 3020. Prohibition on requirement to disclose personally
identifiable information in certain requests for
maintenance of privatized military housing.
Sec. 3021. Treatment of incentive fees for landlords of privatized
military housing for failure to remedy a health or
environmental hazard.
Sec. 3022. Dispute resolution process for landlord-tenant disputes
regarding privatized military housing and requests to
withhold payments during dispute resolution process.
Sec. 3023. Investigation of reports of reprisals relating to privatized
military housing and congressional notification.
Sec. 3024. Prohibition on use of nondisclosure agreements in connection
with leases of privatized military housing.
Subtitle B--Other Amendatory Provisions
Sec. 3031. Installation of carbon monoxide detectors in military family
housing.
Sec. 3032. Authority to furnish certain services in connection with use
of alternative authority for acquisition and improvement
of military housing.
Sec. 3033. Treatment of breach of contract for privatized military
housing.
Sec. 3034. Modification to requirements for window fall prevention
devices in military family housing units.
Sec. 3035. Expansion of direct hire authority for Department of Defense
for childcare services providers for Department child
development centers to include direct hire authority for
installation military housing office personnel.
Sec. 3036. Modification of authority to make payments to lessors of
privatized military housing.
Sec. 3037. Technical correction to definition used to make payments to
lessors of privatized military housing.
Subtitle C--One-Time Reporting Requirements
Sec. 3041. Report on civilian personnel shortages for appropriate
oversight of management of military housing constructed
or acquired using alternative authority for acquisition
and improvement of military housing.
Sec. 3042. Plans for creation of councils on privatized military
housing.
Sec. 3043. Plan for establishment of Department of Defense jurisdiction
over off-base privatized military housing.
Sec. 3044. Inspector General review of Department of Defense oversight
of privatized military housing.
Sec. 3045. Information on legal services provided to members of the
Armed Forces harmed by health or environmental hazards at
military housing.
Subtitle D--Development of Housing Reform Standards and Processes
Sec. 3051. Uniform code of basic standards for privatized military
housing and plan to conduct inspections and assessments.
Sec. 3052. Tool for assessment of hazards in Department of Defense
housing.
Sec. 3053. Process to identify and address environmental health hazards
in Department of Defense housing.
Sec. 3054. Department of Defense policy on lead-based paint testing on
military installations.
Sec. 3055. Standard for minimum credentials for health and
environmental inspectors of privatized military housing.
Sec. 3056. Requirements relating to move-in, move-out, and maintenance
of privatized military housing.
Sec. 3057. Standardized documentation, templates, and forms for
privatized military housing.
Sec. 3058. Satisfaction survey for tenants of military housing.
Subtitle E--Other Housing Reform Matters
Sec. 3061. Radon testing of privatized military housing.
Sec. 3062. Mitigation of risks posed by certain items in military
family housing units.
Sec. 3063. Suspension of Resident Energy Conservation Program and
related programs for privatized military housing.
[[Page H9590]]
Sec. 3064. Department of the Army pilot program to build and monitor
use of single family homes.
SEC. 3001. DEFINITIONS.
(a) Definitions Generally.--In this title:
(1) The term ``landlord'' means an eligible entity that
enters into, or has entered into, a contract as a partner
with the Secretary concerned for the acquisition or
construction of a housing unit under subchapter IV of chapter
169 of title 10, United States Code. The term includes any
agent of the eligible entity or any subsequent lessor who
owns, manages, or is otherwise responsible for a housing
unit. The term does not include an entity of the Federal
Government.
(2) The term ``privatized military housing'' means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
(3) The term ``tenant'' means a member of the armed forces,
including a reserve component thereof in an active status, or
a dependent of a member of the armed forces who resides at a
housing unit, is a party to a lease for a housing unit, or is
authorized to act on behalf of the member under subchapters
IV and V of chapter 169 of title 10, United States Code, in
the event of the assignment or deployment of a member.
(b) New and Revised Title 10 Definitions.--Section 2871 of
title 10, United States Code, is amended--
(1) in paragraph (4), by adding at the end the following
new sentence: ``The fact that an agreement between an
eligible entity and the Secretary concerned is designated as
an agreement rather than a contract shall not be construed to
exclude the agreement from the term `contract' for purposes
of this subchapter and subchapter V.'';
(2) by redesignating paragraphs (7) and (8) as paragraphs
(11) and (13), respectively;
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) The term `housing document' means a document
developed by the Secretary of Defense under section 2890 of
this title and known as the Military Housing Privatization
Initiative Tenant Bill of Rights or the Military Housing
Privatization Initiative Tenant Responsibilities.
``(8) The term `housing unit' means a unit of family
housing or military unaccompanied housing acquired or
constructed under this subchapter.
``(9) The term `incentive fees' means any amounts payable
to a landlord for meeting or exceeding performance metrics as
specified in a contract with the Department of Defense.
``(10) The term `landlord' means an eligible entity that
enters into, or has entered into, a contract as a partner
with the Secretary concerned for the acquisition or
construction of a housing unit under this subchapter. The
term includes any agent of the eligible entity or any
subsequent lessor who owns, manages, or is otherwise
responsible for a housing unit. The term does not include an
entity of the Federal Government.''; and
(4) by inserting after paragraph (11), as redesignated by
paragraph (2) of this subsection, the following new
paragraph:
``(12) The term `tenant' means a member of the armed
forces, including a reserve component thereof in an active
status, or a dependent of a member of the armed forces who
resides at a housing unit, is a party to a lease for a
housing unit, or is authorized to act on behalf of the member
under this subchapter and subchapter V of this chapter in the
event of the assignment or deployment of a member.''.
(c) Conforming Amendments to Existing Definitions.--Section
2871 of title 10, United States Code, is further amended in
paragraphs (1), (3), and (5) by striking ``military'' before
``housing units''.
Subtitle A--Addition of New Reform Subchapter
SEC. 3011. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF
PRIVATIZED MILITARY HOUSING AND PROTECTIONS AND
RESPONSIBILITIES FOR TENANTS OF PRIVATIZED
MILITARY HOUSING.
(a) Applicability of Definitions.--Section 2871 of title
10, United States Code, as amended by section 3001, is
further amended in the matter preceding the paragraphs by
inserting ``and subchapter V of this chapter'' after ``this
subchapter''.
(b) Military Housing Privatization Reforms.--Chapter 169 of
title 10, United States Code, is amended by adding at the end
the following new subchapter:
``SUBCHAPTER V--OVERSIGHT OF LANDLORDS AND PROTECTIONS AND
RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING
``Sec. 2890. Rights and responsibilities of tenants of
housing units
``(a) Development of Tenant Bill of Rights and Tenant
Responsibilities Documents.--(1) The Secretary of Defense
shall develop two separate documents, to be known as the
Military Housing Privatization Initiative Tenant Bill of
Rights and the Military Housing Privatization Initiative
Tenant Responsibilities, for tenants of housing units.
``(2) The Secretary of each military department shall
ensure that the housing documents are attached to each lease
agreement for a housing unit.
``(3) The rights and responsibilities contained in the
housing documents are not intended to be exclusive. The
omission of a tenant right or responsibility shall not be
construed to deny the existence of such a right or
responsibility for tenants.
``(4) Each contract between the Secretary concerned and a
landlord shall incorporate the housing documents and
guarantee the rights and responsibilities of tenants who
reside in housing units covered by the contract.
``(5) The Secretary of Defense shall develop the housing
documents in coordination with the Secretaries of the
military departments.
``(b) Elements of Tenant Bill of Rights.--At a minimum, the
Military Housing Privatization Initiative Tenant Bill of
Rights shall address the following rights of tenants of
housing units:
``(1) The right to reside in a housing unit and community
that meets applicable health and environmental standards.
``(2) The right to reside in a housing unit that has
working fixtures, appliances, and utilities and to reside in
a community with well-maintained common areas and amenity
spaces.
``(3) The right to be provided with a maintenance history
of the prospective housing unit before signing a lease, as
provided in section 2892a of this title.
``(4) The right to a written lease with clearly defined
rental terms to establish tenancy in a housing unit,
including any addendums and other regulations imposed by the
landlord regarding occupancy of the housing unit and use of
common areas.
``(5) The right to a plain-language briefing, before
signing a lease and 30 days after move-in, by the
installation housing office on all rights and
responsibilities associated with tenancy of the housing unit,
including information regarding the existence of any
additional fees authorized by the lease, any utilities
payments, the procedures for submitting and tracking work
orders, the identity of the military tenant advocate, and the
dispute resolution process.
``(6) The right to have sufficient time and opportunity to
prepare and be present for move-in and move-out inspections,
including an opportunity to obtain and complete necessary
paperwork.
``(7) The right to report inadequate housing standards or
deficits in habitability of the housing unit to the landlord,
the chain of command, and housing management office without
fear of reprisal or retaliation, as provided in subsection
(e), including reprisal or retaliation in the following
forms:
``(A) Unlawful recovery of, or attempt to recover,
possession of the housing unit.
``(B) Unlawfully increasing the rent, decreasing services,
or increasing the obligations of a tenant.
``(C) Interference with a tenant's right to privacy.
``(D) Harassment of a tenant.
``(E) Refusal to honor the terms of the lease.
``(F) Interference with the career of a tenant.
``(8) The right of access to a military tenant advocate, as
provided in section 2894(b)(4) of this title, through the
housing management office of the installation of the
Department at which the housing unit is located.
``(9) The right to receive property management services
provided by a landlord that meet or exceed industry standards
and that are performed by professionally and appropriately
trained, responsive, and courteous customer service and
maintenance staff.
``(10) The right to have multiple, convenient methods to
communicate directly with the landlord maintenance staff, and
to receive consistently honest, accurate, straightforward,
and responsive communications.
``(11) The right to have access to an electronic work order
system through which a tenant may request maintenance or
repairs of a housing unit and track the progress of the work.
``(12) With respect to maintenance and repairs to a housing
unit, the right to the following:
``(A) Prompt and professional maintenance and repair.
``(B) To be informed of the required time frame for
maintenance or repairs when a maintenance request is
submitted.
``(C) In the case of maintenance or repairs necessary to
ensure habitability of a housing unit, to prompt relocation
into suitable lodging or other housing at no cost to the
tenant until the maintenance or repairs are completed.
``(13) The right to receive advice from military legal
assistance on procedures involving mechanisms for resolving
disputes with the property management company or property
manager to include mediation, arbitration, and filing claims
against a landlord.
``(14) The right to enter into a dispute resolution
process, as provided in section 2894 of this title, should
all other methods be exhausted and, in which case, a decision
in favor of the tenant may include a reduction in rent or an
amount to be reimbursed or credited to the tenant.
``(15) The right to have the tenant's basic allowance
housing payments segregated and held in escrow, with approval
of a designated commander, and not used by the property
owner, property manager, or landlord pending completion of
the dispute resolution process.
``(16) The right to have reasonable, advance notice of any
entrance by a landlord, installation housing staff, or chain
of command into the housing unit, except in the case of an
emergency or abandonment of the housing unit.
``(17) The right to not pay non-refundable fees or have
application of rent credits arbitrarily held.
``(18) The right to expect common documents, forms, and
processes for housing units will be the same for all
installations of the Department, to the maximum extent
applicable without violating local, State, and Federal
regulations.
``(c) Elements of Tenant Responsibilities.--At a minimum,
the Military Housing Privatization Initiative Tenant
Responsibilities shall address the following responsibilities
of tenants of housing units:
``(1) The responsibility to report in a timely manner any
apparent environmental, safety, or
[[Page H9591]]
health hazards of the housing unit to the landlord and any
defective, broken, damaged, or malfunctioning building
systems, fixtures, appliances, or other parts of the housing
unit, the common areas, or related facilities.
``(2) The responsibility to maintain standard upkeep of the
housing unit as instructed by the housing management office.
``(3) The responsibility to conduct oneself as a tenant in
a manner that will not disturb neighbors, and to assume
responsibility for one's actions and those of a family member
or guest in the housing unit or common areas.
``(4) The responsibility not to engage in any
inappropriate, unauthorized, or criminal activity in the
housing unit or common areas.
``(5) The responsibility to allow the landlord reasonable
access to the rental home in accordance with the terms of the
tenant lease agreement to allow the landlord to make
necessary repairs in a timely manner.
``(6) The responsibility to read all lease-related
materials provided by the landlord and to comply with the
terms of the lease agreement, lease addenda, and any
associated rules and guidelines.
``(d) Submission to Congress and Public Availability.--(1)
As part of the budget submission for fiscal year 2021, and
biennially thereafter, the Secretary of Defense shall submit
the then-current housing documents to the congressional
defense committees.
``(2) Any change made to a housing document must be
submitted to Congress at least 30 days before the change
takes effect.
``(3) Upon submission of a housing document under paragraph
(1) or (2), the Secretary of Defense shall publish the
housing document on a publicly available Internet website of
the Department of Defense.''.
(c) Clerical Amendments.--
(1) Table of sections.--Subchapter V of chapter 169 of
title 10, United States Code, as added by subsection (b), is
amended by inserting after the subchapter heading the
following table of sections:
Sec.
2890. Rights and responsibilities of tenants of housing units.
2890a. Chief Housing Officer.
2891. Requirements relating to contracts for provision of housing
units.
2891a. Requirements relating to management of housing units.
2891b. Considerations of eligible entity housing history in contracts
for privatized military housing.
2891c. Financial transparency.
2892. Maintenance work order system for housing units.
2892a. Access by tenants to historical maintenance information.
2892b. Prohibition on requirement to disclose personally identifiable
information in electronic requests for maintenance.
2893. Treatment of incentive fees for landlords of housing units for
failure to remedy health or environmental hazards.
2894. Landlord-tenant dispute resolution process and treatment of
certain payments during process.
2894a. Complaint database.
(2) Table of subchapters.--The table of subchapters at the
beginning of chapter 169 of title 10, United States Code, is
amended by inserting after the item relating to subchapter IV
the following new item:
``V. Oversight of Landlords and Protections and Responsibilities for
Tenants of Privatized Military Housing.................2890.''.....
SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR
PRIVATIZED MILITARY HOUSING.
(a) Designation Required.--Subchapter V of chapter 169 of
title 10, United States Code, as added by section 3011, is
amended by inserting after section 2890 of such title, as
added by section 3011 and amended by sections 3023 and 3024,
the following new section:
``Sec. 2890a. Chief Housing Officer
``(a) Designation.--(1) The Secretary of Defense shall
designate, from among officials of the Department of Defense
who are appointed by the President with the advice and
consent of the Senate, a Chief Housing Officer who shall
oversee housing units.
``(2) The official of the Department of Defense designated
as Chief Housing Officer may be assigned duties in addition
to the duties as Chief Housing Officer under subsection (b).
``(b) Principal Duties.--(1) The Chief Housing Officer
shall oversee all aspects of the provision of housing under
subchapter IV and this subchapter, including the following:
``(A) Creation and standardization of policies and
processes regarding housing units.
``(B) Oversight of the administration of any Department of
Defense-wide policies regarding housing units, to include, in
coordination with the Secretaries of the military
departments, the housing documents developed pursuant to
section 2890 of this title entitled Military Housing
Privatization Initiative Tenant Bill of Rights and Military
Housing Privatization Initiative Tenant Responsibilities.
``(2) The duties specified in paragraph (1) may not be
further delegated.''.
(b) Notification of Designation.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall notify the congressional defense committees of
the official of the Department of Defense designated as Chief
Housing Officer under section 2890a of title 10, United
States Code, as added by subsection (a). Any time the
designation of Chief Housing Officer changes, the Secretary
of Defense shall update the notification of the congressional
defense committees within 30 days after the new designation.
SEC. 3013. ADDITIONAL REQUIREMENTS RELATING TO CONTRACTS FOR
PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2890a of such title, as added by
section 3012, the following new section:
``Sec. 2891. Requirements relating to contracts for provision
of housing units
``(a) In General.--The requirements of this section
condition contracts entered into using the authorities
provided to the Secretary concerned under section 2872 of
this title and other authorities provided under subchapter IV
of this chapter and this subchapter.
``(b) Exclusion of Certain Employees.--A landlord providing
a housing unit shall prohibit any employee of the landlord
who commits work-order fraud under the contract from doing
any work under the contract.
``(c) Dispute Resolution Process.--Any decision the
commander renders in favor of the tenant in the formal
dispute resolution process established pursuant to section
2894 of this title will be taken into consideration in
determining whether to pay or withhold all or part of any
incentive fees for which a landlord may otherwise be eligible
under the contract.
``(d) Responsibility for Certain Medical Costs.--
``(1) Reimbursement required under certain circumstances.--
If the Secretary concerned finds that a landlord fails to
maintain safe and sanitary conditions for a housing unit
under the contract and that, subject to paragraph (2), these
conditions result in a tenant of the housing unit receiving
medical evaluations and treatment, the landlord shall be
responsible for reimbursing the Department of Defense for any
costs incurred by the Department to provide the medical
evaluations and treatment to the tenant, whether such
evaluations and treatment are provided in a military medical
treatment facility or through the TRICARE provider network.
``(2) Review process.--Before the Secretary concerned may
submit a claim under paragraph (1) to a landlord for
reimbursement of Department medical evaluation and treatment
costs--
``(A) a military medical professional must determine that
the tenant's medical conditions were caused by unsafe and
unsanitary conditions of the housing unit; and
``(B) the documentation of the medical evaluation showing
causation must be sent to the Director of the Defense Health
Agency for review and approval.
``(3) Uniform processes and procedures.--Not later than 180
days after the date of the enactment of this section, the
Director of the Defense Health Agency shall develop and
publish uniform processes and procedures to be used by
medical providers in military medical treatment facilities to
make determinations regarding whether environmental hazards
within housing units serve as causative factors for medical
conditions being evaluated and treated in military medical
treatment facilities or through the TRICARE provider network.
``(e) Responsibility for Relocation Costs.--
``(1) Permanent relocation.--A landlord providing a housing
unit shall pay reasonable relocation costs associated with
the permanent relocation of a tenant from the housing unit to
a different housing due to health or environmental hazards--
``(A) present in the housing unit being vacated through no
fault of the tenant; and
``(B) confirmed by the housing management office of the
installation for which the housing unit is provided as making
the unit uninhabitable or unable to be remediated safely
while tenant occupies the housing unit.
``(2) Temporary relocation.--The landlord shall pay
reasonable relocation costs and actual costs of living,
including per diem, associated with the temporary relocation
of a tenant to a different housing unit due to health or
environmental hazards--
``(A) present in the housing unit being vacated through no
fault of the tenant; and
``(B) confirmed by the housing management office of the
installation as making the unit uninhabitable or unable to be
remediated safely while tenant occupies the housing unit.
``(f) Maintenance Work Order System.--A landlord providing
a housing unit shall ensure that the maintenance work order
system of the landlord (hardware and software) is up to date,
including--
``(1) by providing a reliable mechanism through which a
tenant may submit work order requests through an Internet
portal and mobile application, which shall incorporate the
ability to upload photos, communicate with maintenance
personnel, and rate individual service calls;
``(2) by allowing real-time access to such system by
officials of the Department at the installation, major
subordinate command, and service-wide levels; and
``(3) by allowing the work order or maintenance ticket to
be closed only once the tenant and the head of the housing
management office of the installation sign off.
``(g) Implementation.--The Secretary concerned shall create
such legal documents as may be necessary to carry out this
section.''.
(b) Effective Date.--The requirements set forth in section
2891 of title 10, United States Code, as added by subsection
(a), shall apply to appropriate legal documents entered into
or renewed on or after the date of the enactment of this Act
between the Secretary of a military department and a landlord
regarding privatized military housing.
(c) Retroactive Landlord Agreements.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall seek agreement from all landlords
to accept the application of the requirements set forth in
section 2891
[[Page H9592]]
of title 10, United States Code, as added by subsection (a),
to appropriate legal documents entered into or renewed before
the date of the enactment of this Act between the Secretary
of a military department and a landlord regarding privatized
military housing
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary of Defense shall submit to the
congressional defense committees a list of any landlords that
did not agree under paragraph (1) to accept the requirements
set forth in section 2891 of title 10, United States Code, as
added by subsection (a).
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the Secretaries of
the military departments shall include any lack of agreement
under paragraph (1) as past performance considered under
section 2891b of title 10, United States Code, as added by
section 3015,with respect to entering into or renewing any
future contracts regarding privatized military housing.
SEC. 3014. ADDITIONAL REQUIREMENTS RELATING TO MANAGEMENT OF
PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2891 of such title, as added by
section 3013, the following new section:
``Sec. 2891a. Requirements relating to management of housing
units
``(a) In General.--The Secretary of Defense shall ensure
that each contract between the Secretary concerned and a
landlord regarding the management of housing units for an
installation of the Department of Defense includes the
requirements set forth in this section.
``(b) Requirements for Installation Commanders.--(1) The
installation commander shall be responsible for--
``(A) reviewing, on an annual basis, the mold mitigation
plan and pest control plan of each landlord managing housing
units for the installation; and
``(B) notifying the landlord and the major subordinate
command of any deficiencies found in either plan.
``(2) In response to a request by the head of the housing
management office of an installation, the installation
commander shall use the assigned bio-environmental personnel
or contractor equivalent at the installation to test housing
units for mold, unsafe water conditions, and other health and
safety conditions
``(c) Requirements for Housing Management Office.--(1) The
head of the housing management office of an installation
shall be responsible for--
``(A) conducting a physical inspection of, and approving
the habitability of, a vacant housing unit for the
installation before the landlord managing the housing unit is
authorized to offer the housing unit available for occupancy;
``(B) conducting a physical inspection of the housing unit
upon tenant move-out; and
``(C) maintaining all test results relating to the health,
environmental, and safety condition of the housing unit and
the results of any inspection conducted by the housing
management office, landlord, or third-party contractor for
the life of the contract relating to that housing unit.
``(2) The head of the installation housing management
office shall be provided a list of any move-out charges that
a landlord seeks to collect from an outgoing tenant.
``(3) The head of the installation housing management
office shall initiate contact with a tenant regarding the
satisfaction of the tenant with the housing unit of the
tenant not later than--
``(A) 15 days after move-in; and
``(B) 60 days after move-in.
``(d) Requirements for Landlords.--(1) The landlord
providing a housing unit shall disclose to the Secretary of
Defense any bonus structures offered for community managers
and regional executives and any bonus structures relating to
maintenance of housing units, in order to minimize the impact
of those incentives on the operating budget of the
installation for which the housing units are provided.
``(2) With respect to test results relating to the health
and safety condition of a housing unit, the landlord
providing the housing unit shall--
``(A) not later than three days after receiving the test
results, share the results with the tenant of the housing
unit and submit the results to the head of the installation
housing management office; and
``(B) include with any environmental hazard test results a
simple guide explaining those results, preferably citing
standards set forth by the Federal Government relating to
environmental hazards.
``(3) Before a prospective tenant signs a lease to occupy a
housing unit, the landlord providing the housing unit shall
conduct a walkthrough inspection of the housing unit--
``(A) for the prospective tenant; or
``(B) if the prospective tenant is not able to be present
for the inspection, with an official of the housing
management office designated by the prospective tenant to
conduct the inspection on the tenant's behalf.
``(4) In the event that the installation housing management
office determines that a housing unit does not meet minimum
health, safety, and welfare standards set forth in Federal,
State, and local law as a result of a walkthrough inspection
or an inspection conducted under subsection (c), the landlord
providing the housing unit shall remediate any issues and
make any appropriate repairs to the satisfaction of the
housing management office and subject to another inspection
by the housing management office.
``(5) A landlord providing a housing unit may not conduct
any promotional events to encourage tenants to fill out
maintenance comment cards or satisfaction surveys of any
kind, without the approval of the chief of the housing
management office.
``(6) A landlord providing a housing unit may not award an
installation of the Department of Defense or an officer or
employee of the Department a `Partner of the Year award' or
similar award.
``(7) A landlord providing a housing unit may not enter
into any form of settlement, nondisclosure, or release of
liability agreement with a tenant without--
``(A) first notifying the tenant of the tenant's right to
assistance from the legal assistance office at the
installation; and
``(B) not later than five days before entering into such
settlement, nondisclosure, or release of liability agreement,
providing a copy of the agreement and terms to the Assistant
Secretary of Defense for Sustainment.
``(8) A landlord providing a housing unit may not change
the position of a prospective tenant on a waiting list for a
housing unit or remove a prospective tenant from the waiting
list in response to the prospective tenant turning down an
offer for a housing unit, if the housing unit is determined
unsatisfactory by the prospective tenant and the
determination is confirmed by the housing management office
and the installation commander.
``(9) A landlord providing a housing unit shall allow
employees of the housing management office and other officers
and employees of the Department to conduct--
``(A) with the permission of the tenant of the housing unit
as appropriate, physical inspections of the housing unit; and
``(B) physical inspections of any common areas maintained
by the landlord.
``(10) A landlord providing a housing unit shall agree to
participate in the dispute resolution and payment-withholding
processes established pursuant to section 2894 of this title.
``(11) A landlord providing a housing unit shall ensure
that the needs of enrollees in the Exceptional Family Member
Program, or any successor program, are considered in
assigning prospective tenants to housing units provided by
the landlord.
``(12) A landlord providing a housing unit shall maintain
an electronic work order system that enables access by the
tenant to view work order history, status, and other relevant
information, as required by section 2892 of this title.
``(13) A landlord providing a housing unit shall agree to
have any agreements or forms to be used by the landlord
approved by the Assistant Secretary of Defense for
Sustainment, including the following:
``(A) A common lease agreement.
``(B) Any disclosure or nondisclosure forms that could be
given to a tenant.
``(e) Prohibition Against Collection of Amounts in Addition
to Rent.--(1) A landlord providing a housing unit may not
impose on a tenant of the housing unit a supplemental
payment, such as an out-of-pocket fee, in addition to the
amount of rent the landlord charges for a unit of similar
size and composition to the housing unit, without regard to
whether or not the amount of the any basic allowance for
housing under section 403 of title 37 the tenant may receive
as a member of the armed forces is less than the amount of
the rent.
``(2) Nothing in paragraph (1) shall be construed--
``(A) to prohibit a landlord from imposing an additional
payment--
``(i) for optional services provided to military tenants,
such as access to a gym or a parking space;
``(ii) for non-essential utility services, as determined in
accordance with regulations promulgated by the Secretary
concerned; or
``(iii) to recover damages associated with tenant
negligence, consistent with subsection (c)(2); or
``(B) to limit or otherwise affect the authority of the
Secretary concerned to enter into rental guarantee agreements
under section 2876 of this title or to make differential
lease payments under section 2877 of this title, so long as
such agreements or payments do not require a tenant to pay an
out-of-pocket fee or payment in addition to the amount of the
any basic allowance for housing under section 403 of title 37
the tenant may receive as a member of the armed forces.''.
(b) Military Department Implementation Plans.--Not later
than February 1, 2020, the Secretary of each military
department shall submit to the congressional defense
committees a plan for the implementation by that military
department of section 2891a of title 10, United States Code,
as added by subsection (a).
(c) Effective Date.--The requirements set forth in section
2891a of title 10, United States Code, as added by subsection
(a), shall apply to appropriate legal documents entered into
or renewed on or after the date of the enactment of this Act
between the Secretary of a military department and a landlord
regarding privatized military housing.
(d) Repeal of Replaced Provision.--
(1) Repeal.--Section 2886 of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of title 10, United
States Code, is amended by striking the item relating to
section 2886.
(e) Retroactive Landlord Agreements.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall seek agreement from all landlords
to accept the application of the requirements set forth in
section 2891a of title 10, United States Code, as added by
subsection (a), to appropriate legal documents entered into
or renewed before the date of the enactment of this Act
between the Secretary of a military department and a landlord
regarding privatized military housing
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary of Defense shall submit to the
congressional defense
[[Page H9593]]
committees a list of any landlords that did not agree under
paragraph (1) to accept the requirements set forth in section
2891a of title 10, United States Code, as added by subsection
(a).
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the Secretaries of
the military departments shall include any lack of agreement
under paragraph (1) as past performance considered under
section 2891b of title 10, United States Code, as added by
section 3015, with respect to entering into or renewing any
future contracts regarding privatized military housing.
SEC. 3015. CONSIDERATION OF CONTRACTOR HISTORY IN CONTRACTS
FOR PRIVATIZED MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2891a of such title, as added by section 3014, the
following new section:
``Sec. 2891b. Considerations of eligible entity housing
history in contracts for privatized military housing
``(a) Consideration Required.--To assist in making a
determination whether to enter into a new contract, or renew
an existing contract, with an eligible entity, the Secretary
of Defense shall develop a standard process by which the
Secretary concerned may evaluate the past performance of the
eligible entity for purposes of informing future decisions
regarding the award of such a contract.
``(b) Elements of Process.--The process developed under
subsection (a) shall include, at a minimum, consideration of
the following:
``(1) Any history of the eligible entity of providing
substandard housing.
``(2) The recommendation of the commander of the
installation for which housing units will be provided under
the contract.
``(3) The recommendation of the commander of any other
installation for which the eligible entity has provided
housing units.''.
SEC. 3016. ADDITIONAL IMPROVEMENTS FOR MANAGEMENT OF
PRIVATIZED MILITARY HOUSING.
(a) Improved Financial Transparency.--Subchapter V of
chapter 169 of title 10, United States Code, as added by
section 3011, is amended by inserting after section 2891b of
such title, as added by section 3015, the following new
section:
``Sec. 2891c. Financial transparency
``(a) Submission of Landlord Financial Information.--(1)
Not less frequently than annually, the Secretary of Defense
shall require that each landlord submit to the Secretary a
report providing information regarding all housing units
provided by the landlord.
``(2) Information provided under paragraph (1) by a
landlord shall include the following:
``(A) A comprehensive summary of the landlord's financial
performance.
``(B) The amount of base management fees relating to all
housing units provided by the landlord.
``(C) The amount of asset management fees relating to such
housing units.
``(D) The amount of preferred return fees relating to such
housing units.
``(E) The residual cashflow distributions relating to such
housing units.
``(F) The amount of deferred fees or other fees relating to
such housing units.
``(3) In this subsection:
``(A) The term `base management fees' means the monthly
management fees collected for services associated with
accepting and processing rent payments, ensuring tenant rent
payments, property inspections, maintenance management, and
emergency maintenance calls.
``(B) the term `asset management fees' means fees paid to
manage a housing unit for the purpose of ensuring the housing
unit is maintained in good condition and making repairs over
the lifecycle of the housing unit.
``(C) the term `preferred return fees' means fees
associated with any claims on profits furnished to preferred
investors with an interest in the housing unit.
``(D) the term `residual cashflow distribution' means the
steps a specific housing project takes to restructure after
it is determined that the project is in an unacceptable
financial condition.
``(E) the term `deferred fee' means any fee that was not
paid to a person in a calendar year in order to meet other
financial obligations of the landlord.
``(b) Availability of Information on Use of Incentive
Fees.--(1) Not less frequently than annually, the Secretary
of Defense shall publish, on a publicly accessible website,
information regarding the use by the Secretary concerned of
incentive fees to support contracts for the provision or
management of housing units.
``(2) The information provided under paragraph (1) shall
include, with respect to each contract, the following:
``(A) The applicable incentive fees.
``(B) The metrics used to determine the incentive fees.
``(C) Whether incentive fees were paid in full, or were
withheld in part or in full, during the period covered by the
release of information.
``(D) If any incentive fees were withheld, the reasons for
such withholding.''.
(b) Establishment and Availability of Complaint Database.--
Subchapter V of chapter 169 of title 10, United States Code,
as added by section 3011, is amended by inserting after
section 2894 of such title, as added by section 3022, the
following new section:
``Sec. 2894a. Complaint database
``(a) Database Required.--The Secretary of Defense shall
establish a database of complaints made regarding housing
units.
``(b) Public Availability.--The database shall be available
to the public.
``(c) Inclusion of Tenant Complaints.--The Secretary of
Defense shall permit a tenant of a housing unit to file a
complaint regarding the housing unit for inclusion in the
database.
``(d) Inclusion of Certain Information.--(1) Information
accessible in the database regarding a complaint shall
include the following:
``(A) The name of the installation for which the housing
unit is provided.
``(B) The name of the landlord responsible for the housing
unit.
``(C) A description of the nature of the complaint.
``(2) The Secretary of Defense may not disclose personally
identifiable information through the database.
``(e) Response by Landlords.--(1) The Secretary of Defense
shall include in any contract with a landlord responsible for
a housing unit a requirement that the landlord respond in a
timely manner to any complaints included in the database that
relate to the housing unit.
``(2) The Secretary shall include landlord responses in the
database.''.
(c) Audits of Financial Viability of Privatized Military
Housing Partnerships.--
(1) Audits required.--The Comptroller General of the United
States, in accordance with best audit practices, shall
conduct an audit of the financial viability of each
partnership for the provision of privatized military housing
that the Comptroller General determines were impacted by
extreme weather events or other natural disasters occurring
during the 36-month period immediately preceding the date of
the enactment of this Act.
(2) Required information.--The audit under paragraph (1)
shall assess the following:
(A) The appropriateness of existing insurance caps
contained in contracts for privatized military housing.
(B) The structure of the cashflow waterfall, including the
impact of expenses relating to disaster recovery.
(3) Submission to congress.--Not later than February 1,
2021, the Comptroller General shall submit to the Secretary
of Defense and the Committees on Armed Services of the Senate
and the House of Representatives a report containing the
results of the audit conducted under paragraph (1).
(d) Additional Information in Congressional Reports on
Privatized Military Housing.--Section 2884(c) of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(7) An assessment of the condition of housing units based
on the average age of those units and the estimated time
until recapitalization.
``(8) An assessment of tenant complaints.
``(9) An assessment of maintenance response times and
completion of maintenance requests.
``(10) An assessment of the dispute resolution process,
which shall include a specific analysis of each denied tenant
request to withhold rent payments and each instance in which
the dispute resolution process resulted in a favorable
outcome for the landlord.
``(11) An assessment of overall customer service for
tenants.
``(12) A description of the results of any no-notice
housing inspections conducted.
``(13) The results of any resident surveys conducted.
``(14) With regard to issues of lead-based paint in housing
units, a summary of data relating to the presence of lead-
based paint in such housing units, including the following by
military department:
``(A) The total number of housing units containing lead-
based paint.
``(B) A description of the reasons for the failure to
inspect any housing unit that contains lead-based paint.
``(C) A description of all abatement or mitigation efforts
completed or underway in housing units containing lead-based
paint.
``(D) A certification as to whether military housing under
the jurisdiction of the Secretary concerned complies with
requirements relating to lead-based paint, lead-based paint
activities, and lead-based paint hazards, as described in
section 408 of the Toxic Substances Control Act (15 U.S.C.
2688).''.
SEC. 3017. MAINTENANCE WORK ORDER SYSTEM FOR PRIVATIZED
MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2891c of such title, as added by section 3016(a), the
following new section:
``Sec. 2892. Maintenance work order system for housing units
``(a) Electronic Work Order System Required.--The Secretary
of Defense shall require that each landlord of a housing unit
have an electronic work order system to track all maintenance
requests relating to the housing unit.
``(b) Access by Department Personnel.--The Secretary of
Defense shall require each landlord of a housing unit to
provide access to the maintenance work order system of the
landlord relating to the housing unit to the following
persons:
``(1) Personnel of the housing management office at the
installation for which the housing unit is provided.
``(2) Personnel of the installation and engineer command or
center of the military department concerned.
``(3) Such other personnel of the Department of Defense as
the Secretary determines necessary.''.
SEC. 3018. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING
TO MAINTENANCE WORK ORDER SYSTEM.
Section 2892 of title 10, United States Code, as added by
section 3017, is amended by adding at the end the following
new subsection:
[[Page H9594]]
``(c) Access by Tenants.--The Secretary of Defense shall
require each landlord of a housing unit to provide access to
the maintenance work order system of the landlord relating to
the housing unit to the tenant of the housing unit to permit
the tenant, at a minimum, to track the status and progress of
work orders for maintenance requests relating to the housing
unit.''.
SEC. 3019. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE
INFORMATION FOR PRIVATIZED MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2892, as added by section 3017 and amended by section
3018, the following new section:
``Sec. 2892a. Access by tenants to historical maintenance
information
``The Secretary concerned shall require each eligible
entity or subsequent landlord that offers for lease a housing
unit to provide to a prospective tenant of the housing unit,
before the prospective tenant moves into the housing unit as
a tenant, all information regarding maintenance conducted
with respect to that housing unit for the previous seven
years. In this section, the term `maintenance' includes any
renovations of the housing unit during such period.''.
SEC. 3020. PROHIBITION ON REQUIREMENT TO DISCLOSE PERSONALLY
IDENTIFIABLE INFORMATION IN CERTAIN REQUESTS
FOR MAINTENANCE OF PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2892a of such title, as added by
section 3019, the following new section:
``Sec. 2892b. Prohibition on requirement to disclose
personally identifiable information in requests for certain
maintenance
``A landlord responsible for a housing unit may not require
the disclosure of personally identifiable information as a
part of the submission of a request for maintenance regarding
a housing unit or common area when the disclosure of
personally identifiable information is not needed to identify
the location at which such maintenance will be performed.''.
(b) Effective Date.--The prohibition in section 2892b of
title 10, United States Code, as added by subsection (a),
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 3021. TREATMENT OF INCENTIVE FEES FOR LANDLORDS OF
PRIVATIZED MILITARY HOUSING FOR FAILURE TO
REMEDY A HEALTH OR ENVIRONMENTAL HAZARD.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2892b of such title, as added by section 3020, the
following new section:
``Sec. 2893. Treatment of incentive fees for landlords of
housing units for failure to remedy health or environmental
hazards
``The Secretary concerned shall not approve the payment of
incentive fees otherwise authorized to be paid to a landlord
that the Secretary determines has demonstrated a propensity
for failing to remedy, or failing to remedy in a timely
manner, a health or environmental hazard at a housing unit
provided by the landlord.''.
SEC. 3022. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT
DISPUTES REGARDING PRIVATIZED MILITARY HOUSING
AND REQUESTS TO WITHHOLD PAYMENTS DURING
DISPUTE RESOLUTION PROCESS.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2893 of such title, as added by
section 3021, the following new section:
``Sec. 2894. Landlord-tenant dispute resolution process and
treatment of certain payments during process
``(a) Process Required; Purpose.--The Secretary concerned
shall implement a standardized formal dispute resolution
process to ensure the prompt and fair resolution of disputes
that arise between landlords providing housing units and
tenants residing in housing units concerning maintenance and
repairs, damage claims, rental payments, move-out charges,
and such other issues relating to housing units as the
Secretary determines appropriate.
``(b) Process Elements.--(1) The dispute resolution process
shall include the process by which a tenant may request that
certain payments otherwise authorized to be paid to a
landlord are withheld, as provided in subsection (e).
``(2) The process shall designate the installation or
regional commander in charge of oversight of housing units as
the deciding authority under the dispute resolution process.
``(3) The Secretary concerned shall establish a
standardized mechanism and forms by which a tenant of a
housing unit may submit, through online or other means, a
request for resolution of a landlord-tenant dispute through
the dispute resolution process.
``(4) The Secretary shall ensure that, in preparing a
request described in paragraph (3), a tenant has access to
advice and assistance from a military housing advocate
employed by the military department concerned or a military
legal assistance attorney under section 1044 of this title.
``(5) The Secretary concerned shall minimize costs to
tenants for participation in the dispute resolution process.
``(c) Resolution Process.--(1) Not later than 24 hours
after receiving a request from a tenant for resolution of a
landlord-tenant dispute through the dispute resolution
process, the Secretary concerned shall--
``(A) notify the tenant that the request has been received;
``(B) transmit a copy of the request to the installation or
regional commander (as the case may be), housing management
office responsible for the housing unit, and the landlord of
the housing unit; and
``(C) if the request includes a request to withhold
payments under subsection (e),initiate the process under such
subsection.
``(2) For purposes of conducting an assessment necessary to
render a decision under the dispute resolution process, both
the landlord and representatives of the installation housing
management office may access the housing unit at a time and
for a duration mutually agreed upon amongst the parties.
``(3) Not later than seven days after the date on which the
request was received by the installation housing management
office shall complete an investigation that includes a
physical inspection and transmit the results of the
investigation to the installation or regional commander (as
the case may be).
``(4) Before making any decision with respect to a dispute
under the dispute resolution process, the commander shall
certify that the commander has solicited recommendations or
information relating to the dispute from the following
persons:
``(A) The chief of the installation housing management
office.
``(B) A representative of the landlord for the housing
unit.
``(C) The tenant submitting the request for dispute
resolution.
``(D) A qualified judge advocate or civilian attorney who
is a Federal employee.
``(E) If the dispute involves maintenance or another
facilities-related matter, a civil engineer.
``(5)(A) The commander shall make a decision with respect
to a request under the dispute resolution process not later
than 30 days after the request was submitted.
``(B) The commander may take longer than such 30-day period
in limited circumstances as determined by the Secretary of
Defense, but in no case shall such a decision be made more
than 60 days after the request was submitted.
``(6) A final decision will be transmitted to the tenant
and landlord no later than 30 days from initial receipt by
the office of the commander, except as provided in paragraph
(5)(B).
``(7) The decision shall include instructions for
distribution of any funds that were withheld under subsection
(e) and such instructions for the landlord for further
remediation as the commander considers necessary.
``(8) The decision by the commander under this subsection
shall be final.
``(d) Effect of Failure to Comply With Decision.--If the
landlord responsible for the housing unit does not remediate
the issues in a manner consistent with the instructions
contained in the decision rendered under subsection (c) and
within a reasonable period of time, as provided in the
decision, any amounts payable to the landlord for the housing
unit shall be reduced by 10 percent for each period of five
days during which the issues remain unremediated.
``(e) Request to Withhold Payments During Resolution
Process.--(1) As part of the submission of a request for
resolution of a landlord-tenant dispute through the dispute
resolution process, the tenant may request that all or part
of the payments described in paragraph (2) for lease of the
housing unit be withheld from the landlord of the housing
unit during the period in which--
``(A) the landlord has not met maintenance guidelines and
procedures established by the Department of Defense, either
through contract or otherwise; or
``(B) the housing unit is uninhabitable according to State
and local law for the jurisdiction in which the housing unit
is located.
``(2) Paragraph (1) applies to the following:
``(A) Any basic allowance for housing payable to the tenant
(including for any dependents of the tenant in the tenant's
household) under section 403 of title 37.
``(B) All or part of any pay of a tenant subject to
allotment as described in section 2882(c) of this title.
``(3) Upon the submission of a request by a tenant under
this subsection and under such procedures as the Secretary of
Defense shall establish, the Defense Finance and Accounting
Service or such other appropriate office of the Department of
Defense as the Secretary shall specify for purposes of such
procedures, shall tentatively grant the request and hold any
amounts withheld in escrow with notice to the landlord until
the conclusion of the dispute resolution process.
``(f) Disclosure of Rights.--(1) Each housing management
office of the Department of Defense shall disclose in writing
to each new tenant of a housing unit, upon the signing of the
lease for the housing unit, the tenant's rights under this
section and the procedures under this section for submitting
a request for resolution of a landlord-tenant dispute through
the dispute resolution process, including the ability to
submit a request to withhold payments during the resolution
process.
``(2) The Secretary of Defense shall ensure that each lease
entered into with a tenant for a housing unit clearly
expresses, in a separate addendum, the dispute resolution
procedures.
``(g) Rule of Construction on Use of Other Adjudicative
Bodies.--Nothing in this section or any other provision of
law shall be construed to prohibit a tenant of a housing unit
from pursuing a claim against a landlord in any adjudicative
body with jurisdiction over the housing unit or the claim.''.
(b) Modification of Definition of Military Legal
Assistance.--Section 1044(d)(3)(B) of title 10, United States
Code, is amended by striking ``and 1565b(a)(1)(A)'' and
inserting ``1565b(a)(1)(A), and 2894(b)(4)''.
[[Page H9595]]
(c) Timing of Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall establish the dispute resolution process
required under section 2894 of title 10, United States Code,
as added by subsection (a).
(d) Landlord Agreements.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall seek agreement from all landlords
to participate in the dispute resolution and payment-
withholding processes required under section 2894 of title
10, United States Code, as added by subsection (a).
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary of Defense shall submit to the
congressional defense committees a list of any landlords that
did not agree under paragraph (1) to participate in the
dispute resolution and payment-withholding processes.
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the Secretaries of
the military departments shall include any lack of agreement
under paragraph (1) as past performance considered under
section 2891b of title 10, United States Code, as added by
section 3015,with respect to entering into or renewing any
future contracts regarding privatized military housing.
SEC. 3023. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO
PRIVATIZED MILITARY HOUSING AND CONGRESSIONAL
NOTIFICATION.
Section 2890 of title 10, United States Code, as added by
section 3011, is amended by inserting after subsection (d)
the following new subsection:
``(e) Investigation of Reports of Reprisals.--(1) The
Assistant Secretary of Defense for Sustainment shall
investigate all reports of reprisal against a member of the
armed forces for reporting an issue relating to a housing
unit.
``(2) If the Assistant Secretary of Defense for Sustainment
determines under paragraph (1) that landlord has retaliated
against a member of the armed forces for reporting an issue
relating to a housing unit, the Assistant Secretary shall--
``(A) provide initial notice to the Committees on Armed
Services of the Senate and the House of Representatives as
soon as practicable after making that determination; and
``(B) following that initial notice, provide an update to
such committees every 30 days thereafter until such time as
the Assistant Secretary has taken final action with respect
to the retaliation.
``(3) The Assistant Secretary of Defense for Sustainment
shall carry out this subsection in coordination with the
Secretary of the military department concerned.''.
SEC. 3024. PROHIBITION ON USE OF NONDISCLOSURE AGREEMENTS IN
CONNECTION WITH LEASES OF PRIVATIZED MILITARY
HOUSING.
(a) Nondisclosure Agreements Prohibited.--Section 2890 of
title 10, United States Code, as added by section 3011, is
amended by inserting after subsection (e), as added by
section 3023, the following new subsection:
``(f) Prohibition on Use of Nondisclosure Agreements.--(1)
A tenant or prospective tenant of a housing unit may not be
required to sign a nondisclosure agreement in connection with
entering into, continuing, or terminating a lease for the
housing unit. Any such agreement against the interests of the
tenant is invalid.
``(2) Paragraph (1) shall not apply to a nondisclosure
agreement executed as part of the settlement of
litigation.''.
(b) Implementation.--The Secretary of Defense and the
Secretaries of the military departments shall promulgate such
regulations as may be necessary to give full force and effect
to subsection (f) of section 2890 of title 10, United States
Code, as added by subsection (a).
(c) Retroactive Application of Amendment.--Subsection (f)
of section 2890 of title 10, United States Code, as added by
subsection (a), shall apply with respect to any nondisclosure
agreement covered by the terms of such subsection (f)
regardless of the date on which the agreement was executed.
Subtitle B--Other Amendatory Provisions
SEC. 3031. INSTALLATION OF CARBON MONOXIDE DETECTORS IN
MILITARY FAMILY HOUSING.
Section 2821 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) The Secretary concerned shall provide for the
installation and maintenance of an appropriate number of
carbon monoxide detectors in each unit of military family
housing under the jurisdiction of the Secretary.''.
SEC. 3032. AUTHORITY TO FURNISH CERTAIN SERVICES IN
CONNECTION WITH USE OF ALTERNATIVE AUTHORITY
FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
Section 2872a(b) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(13) Street sweeping.
``(14) Tree trimming and removal.''.
SEC. 3033. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2872a the following new section:
``Sec. 2872b. Treatment of breach of contract
``(a) Response to Material Breach.--In the case of a
material breach of contract under this subchapter by a party
to the contract, the Secretary concerned shall use the
authorities available to the Secretary, including withholding
amounts to be paid under the contract, to encourage the party
to cure the breach.
``(b) Rescinding of Contract.--If a material breach of the
contract is not cured in a timely manner, as determined by
the Secretary concerned, the Secretary may--
``(1) rescind the contract pursuant to the terms of the
contract; and
``(2) prohibit the offending party from entering into a new
contract or undertaking expansions of other existing
contracts, or both, with the Secretary under this
subchapter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after the item relating
to section 2872a the following new item:
``2872b. Treatment of breach of contract.''.
SEC. 3034. MODIFICATION TO REQUIREMENTS FOR WINDOW FALL
PREVENTION DEVICES IN MILITARY FAMILY HOUSING
UNITS.
(a) Fall Prevention Device Requirements.--Section 2879(a)
of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``that protect against
unintentional window falls by young children and that are in
compliance with applicable International Building Code (IBC)
standards'' and inserting ``described in paragraph (3)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``December 11, 2017''
and inserting ``October 1, 2019''; and
(B) in subparagraph (B), by striking ``September 1, 2018''
and inserting ``October 1, 2019''; and
(3) by adding at the end the following new paragraph:
``(3) Fall prevention device described.--A fall prevention
device is a window screen or guard that complies with
applicable standards in ASTM standard F2090-13 (or any
successor standard).''.
(b) Modification to Window Description.--Section 2879(c) of
title 10, United States Code, is amended by striking ``24''
and inserting ``42''.
(c) Conforming Amendment.--Section 2879(b)(1) of title 10,
United States Code, is amended by striking ``paragraph (1)''
and inserting ``paragraph (3)''.
SEC. 3035. EXPANSION OF DIRECT HIRE AUTHORITY FOR DEPARTMENT
OF DEFENSE FOR CHILDCARE SERVICES PROVIDERS FOR
DEPARTMENT CHILD DEVELOPMENT CENTERS TO INCLUDE
DIRECT HIRE AUTHORITY FOR INSTALLATION MILITARY
HOUSING OFFICE PERSONNEL.
(a) In General.--Section 559 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1406; 10 U.S.C. 1792 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
and individuals to fill vacancies in installation military
housing offices,'' after ``childcare services providers'';
(B) in paragraph (1), by inserting ``or for employees at
installation military housing offices'' before the semicolon;
and
(C) in paragraph (2), by inserting ``or for installation
military housing office employees'' before the period;
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Installation Military Housing Office Defined.--The
term `installation military housing office' means any office
whose primary function is performing day-to-day supervision
of military housing covered by subchapter IV of chapter 169
of title 10, United States Code.''.
(b) Heading and Technical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE
FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT
CHILD DEVELOPMENT CENTERS AND EMPLOYEES AT
INSTALLATION MILITARY HOUSING OFFICES.''.
(2) Technical amendment.--Subsection (d) of such section is
amended by striking ``Oversight and Government Reform'' and
inserting ``Oversight and Reform''.
(c) Use of Existing Regulations.--The Secretary of Defense
shall use the authority in section 559 of the National
Defense Authorization Act for Fiscal Year 2018 granted by the
amendments made by this section in a manner consistent with
the regulations prescribed for purposes of such section 559
pursuant to subsection (b) of such section 559, without the
need to prescribe separate regulations for the use of such
authority.
SEC. 3036. MODIFICATION OF AUTHORITY TO MAKE PAYMENTS TO
LESSORS OF PRIVATIZED MILITARY HOUSING.
(a) Modification of Payment Authority.--Subsection (a) of
section 606 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1795; 10 U.S.C. 2871 note) is amended to read as
follows:
``(a) Use of Funds in Connection With MHPI.--
``(1) Payments to lessors generally.--
``(A) Payment authority.--Each month beginning with the
first month after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, each
Secretary of a military department shall use funds, in an
amount determined under subparagraph (B), to make payments to
lessors of covered housing in the manner provided by this
subsection, as in effect on the day before the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020.
``(B) Calculation of monthly payments.--For purposes of
making payments under subparagraph (A) for a month, the
Secretary of the military department concerned shall
determine the amount equal to 2.5 percent of the aggregate
[[Page H9596]]
of the amounts calculated under section 403(b)(3)(A)(i) of
title 37, United States Code, for covered housing under the
jurisdiction of the Secretary for that month.
``(2) Additional payments to lessors responsible for
underfunded projects.--
``(A) Payment authority.--Each month beginning with the
first month after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, each
Secretary of a military department shall use funds, in an
amount determined under subparagraph (B), to make additional
payments to certain lessors responsible for underfunded MHPI
housing projects identified pursuant to subparagraph (C) for
the purposes of future sustainment, recapitalization, and
financial sustainability of the projects.
``(B) Calculation of monthly payments.--For purposes of
making payments under subparagraph (A) for a month, the
Secretary of the military department concerned shall
determine the amount equal to 2.5 percent of the aggregate of
the amounts calculated under section 403(b)(3)(A)(i) of title
37, United States Code, for covered housing under the
jurisdiction of the Secretary for that month.
``(C) Identification of underfunded projects.--The Chief
Housing Officer of the Department of Defense, in conjunction
with the Secretaries of the military departments, shall
assess MHPI housing projects for the purpose of identifying
all MHPI housing projects that are underfunded. Once
identified, the Chief Housing Officer shall prioritize for
payments under subparagraph (A) those MHPI housing projects
most in need of funding to rectify such underfunding.
``(3) Alternative authority in event of lack of underfunded
projects.--
``(A) In general.--Subject to subparagraph (B), if the
Chief Housing Officer determines that no MHPI housing
projects for a military department require additional funding
under paragraph (2) for a month, the Secretary of the
military department concerned, in consultation with the Chief
Housing Officer, may allocate the funds otherwise available
to the Secretary under such paragraph for that month to
support improvements designed to enhance the quality of life
of members of the uniformed services and their families who
reside in MHPI housing.
``(B) Conditions.--Before the Secretary of a military
department may allocate funds as authorized by subparagraph
(A), the Chief Housing Officer shall certify to the
Committees on Armed Services of the Senate and the House of
Representatives that there are no MHPI housing projects for
the military department require additional funding under
paragraph (2). The certification shall include sufficient
details to show why no projects are determined to need the
additional funds.
``(4) Briefing required.--Not later than March 1, 2020, and
each year thereafter, the Secretary of Defense shall provide
a briefing to the Committee on Armed Services of the Senate
and the House of Representatives detailing the expenditure of
funds under paragraphs (2) and (3), the MHPI housing projects
receiving funds under such paragraphs, and any other
information the Secretary considers relevant.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act
and shall apply with respect to months beginning after that
date.
SEC. 3037. TECHNICAL CORRECTION TO DEFINITION USED TO MAKE
PAYMENTS TO LESSORS OF PRIVATIZED MILITARY
HOUSING.
Paragraph (3) of section 606(d) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1796; 10 U.S.C. 2871 note) is
amended to read as follows:
``(3) The term `MHPI housing' means housing procured,
acquired, constructed, or for which any phase or portion of a
project agreement was first finalized and signed, under the
alternative authority of subchapter IV of chapter 169 of
title 10, United States Code (known as the Military Housing
Privatization Initiative), on or before September 30,
2014.''.
Subtitle C--One-Time Reporting Requirements
SEC. 3041. REPORT ON CIVILIAN PERSONNEL SHORTAGES FOR
APPROPRIATE OVERSIGHT OF MANAGEMENT OF MILITARY
HOUSING CONSTRUCTED OR ACQUIRED USING
ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall submit to the congressional defense
committees a report containing the following:
(1) An evaluation of the extent to which shortages in the
number of civilian personnel performing oversight functions
at Department of Defense housing management offices or
assigned to housing-related functions at headquarters levels
contribute to problems regarding the management of privatized
military housing.
(2) Recommendations to address such personnel shortages--
(A) to eliminate problems regarding the management of
privatized military housing;
(B) to ensure oversight of the partner's execution of the
housing agreement and the delivery of all requirements in
accordance with implementing guidance provided by the
Secretaries of the military departments;
(C) to improve oversight of and expedite the work-order
process; and
(D) to facilitate a positive experience for members of the
Armed Forces and their dependents who reside in privatized
military housing.
(b) Personnel Recommendations.--As part of the
recommendations required by subsection (a)(2), the Secretary
of Defense shall identify the following:
(1) The number of additional personnel who are required,
the installation and headquarter locations at which they will
be employed, the employment positions they will fill, and the
duties they will perform, including a breakdown of duty
requirements by function, such as oversight, home inspectors,
and maintenance.
(2) The number of such additional personnel already hired
as of the date on which the report is submitted and their
duty locations and the timeline for employing the remaining
required personnel identified under paragraph (1).
(3) The estimated cost of employing the additional required
personnel identified under paragraph (1).
SEC. 3042. PLANS FOR CREATION OF COUNCILS ON PRIVATIZED
MILITARY HOUSING.
(a) Plans Required.--Not later than February 1, 2020, the
Assistant Secretary of each military department shall submit
to the congressional defense committees a plan for the
creation within the military department concerned of a
council on privatized military housing for the purposes of
maintaining adequate oversight of the military housing
program and serving as a mechanism to identify and resolve
problems regarding privatized military housing.
(b) Plan Elements.--The plan for a military department
shall include--
(1) an implementation schedule for the creation the council
on privatized military housing;
(2) proposed members of the council, which shall include,
at a minimum, the Assistant Secretary concerned and a
representative from the installation housing offices and the
civil engineering community; and
(3) the planned frequency of council meetings.
SEC. 3043. PLAN FOR ESTABLISHMENT OF DEPARTMENT OF DEFENSE
JURISDICTION OVER OFF-BASE PRIVATIZED MILITARY
HOUSING.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan to
establish jurisdiction by the Department of Defense for law
enforcement and other specified purposes, concurrently with
local community law enforcement, at locations with privatized
military housing that is not located on an installation of
the Department of Defense.
(b) Consultation.--The Secretary of Defense shall prepare
the plan in consultation with the Secretaries of the military
departments.
SEC. 3044. INSPECTOR GENERAL REVIEW OF DEPARTMENT OF DEFENSE
OVERSIGHT OF PRIVATIZED MILITARY HOUSING.
Not later than one year after the date of the enactment of
this Act, and annually thereafter until 2022, the Inspector
General of the Department of Defense shall--
(1) conduct, at not less than three military installations,
a review of the oversight by the Secretary of Defense of
privatized military housing at such installations; and
(2) make publicly available on a website of the Department
a summary of the results of the review.
SEC. 3045. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS
OF THE ARMED FORCES HARMED BY HEALTH OR
ENVIRONMENTAL HAZARDS AT MILITARY HOUSING.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the legal
services that the Secretary may provide to members of the
Armed Forces who have been harmed by a health or
environmental hazard while living in military housing.
(b) Availability of Information.--The Secretary of the
military department concerned shall make the information
contained in the report submitted under subsection (a)
available to members of the Armed Forces at all installations
of the Department of Defense in the United States.
Subtitle D--Development of Housing Reform Standards and Processes
SEC. 3051. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED
MILITARY HOUSING AND PLAN TO CONDUCT
INSPECTIONS AND ASSESSMENTS.
(a) Uniform Code.--Not later than February 1, 2021, the
Secretary of Defense shall establish and implement a uniform
code of basic housing standards for safety, comfort, and
habitability for privatized military housing, which shall
meet or exceed requirements informed by a nationally
recognized, consensus-based, model property maintenance code.
(b) Inspection and Assessment Plan.--Not later than
February 1, 2020, the Secretary of Defense shall submit to
the congressional defense committees a Department of Defense
plan to contract with qualified home inspectors to conduct a
thorough inspection and assessment of the structural
integrity and habitability of each unit of privatized
military housing. The plan shall include the implementation
plan for the uniform code to be established under subsection
(a).
(c) Implementation of Inspections and Assessments.--
(1) Implementation.--Not later than February 1, 2021, the
Secretary of the military department concerned shall commence
conducting inspections and assessments of units of privatized
military housing pursuant to the plan submitted under
subsection (b) to identify issues and ensure compliance with
applicable housing codes, including the uniform code
established under subsection (a).
(2) Report.--Not later than March 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees
a report on the findings of the inspections and assessments
conducted under paragraph (1).
(d) Qualified Home Inspectors Described.--For purposes of
this section, a qualified home inspector must possess the
appropriate
[[Page H9597]]
credentials for the work the inspector will perform, as
defined by the respective State in which the work will be
performed. A qualified home inspector may not be an employee
or in a fiduciary relationship with--
(1) the Federal Government; or
(2) an individual or entity who owns or manages privatized
military housing.
SEC. 3052. TOOL FOR ASSESSMENT OF HAZARDS IN DEPARTMENT OF
DEFENSE HOUSING.
(a) Hazard Assessment Tool.--
(1) Development required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall develop an assessment tool, such as a rating
system or similar mechanism, to identify and measure health
and safety hazards in housing under the jurisdiction of the
Department of Defense (including privatized military
housing).
(2) Components.--The assessment tool shall provide for the
identification and measurement of the following hazards:
(A) Physiological hazards, including dampness and mold
growth, lead-based paint, asbestos and manmade fibers,
radiation, biocides, carbon monoxide, and volatile organic
compounds.
(B) Psychological hazards, including ease of access by
unlawful intruders, and lighting issues.
(C) Infection hazards.
(D) Safety hazards.
(3) Public forums.--In developing the assessment tool, the
Secretary of Defense shall provide for multiple public forums
at which the Secretary may receive input with respect to such
assessment tool from occupants of housing under the
jurisdiction of the Department of Defense (including
privatized military housing).
(4) Report.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the assessment tool.
(b) Hazard Assessments.--
(1) Assessments required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, using the assessment tool developed under subsection
(a)(1), shall complete a hazard assessment for each housing
facility under the jurisdiction of the Department of Defense
(including privatized military housing).
(2) Tenant information.--As soon as practicable after the
completion of the hazard assessment conducted for a housing
facility under paragraph (1), the Secretary of Defense shall
provide to each individual who leases or is assigned to a
housing unit in the facility a summary of the results of the
assessment.
SEC. 3053. PROCESS TO IDENTIFY AND ADDRESS ENVIRONMENTAL
HEALTH HAZARDS IN DEPARTMENT OF DEFENSE
HOUSING.
(a) Process Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries of the military
departments, shall develop a process to identify, record, and
resolve environmental health hazards in housing under the
jurisdiction of the Department of Defense (including
privatized housing) in a timely manner.
(b) Elements of Process.--The process developed under
subsection (a) shall provide for the following with respect
to each identified environmental health hazard:
(1) Categorization of the hazard.
(2) Identification of health risks posed by the hazard.
(3) Identification of the number of housing occupants
potentially affected by the hazard.
(4) Recording and maintenance of information regarding the
hazard.
(5) Resolution of the hazard, which shall include--
(A) the performance by the Secretary of Defense (or in the
case of privatized housing, the landlord) of hazard
remediation activities at the affected facility; and
(B) follow-up by the Secretary of Defense to collect
information on medical care related to the hazard sought or
received by individuals affected by the hazard.
(c) Coordination.--The Secretary of Defense shall ensure
coordination between military treatment facilities,
appropriate public health officials, and housing managers at
military installations with respect to the development and
implementation of the process required by subsection (a).
(d) Report.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the process required by
subsection (a).
SEC. 3054. DEPARTMENT OF DEFENSE POLICY ON LEAD-BASED PAINT
TESTING ON MILITARY INSTALLATIONS.
(a) Access and Testing Policy.--Not later than February 1,
2020, the Secretary of Defense shall establish a policy under
which the Secretary of the military department concerned may
permit a qualified individual to access a military
installation for the purpose of conducting testing for the
presence of lead-based paint on the installation.
(b) Transmission of Results.--
(1) Installations inside the united states.--In the case of
military installations located inside the United States, the
results of any testing for lead-based paint on a military
installation shall be transmitted the following:
(A) The civil engineer of the installation.
(B) The housing management office of the installation.
(C) The public health organization on the installation.
(D) The major subordinate command of the Armed Force with
jurisdiction over the installation.
(E) If required by law, any relevant Federal, State, and
local agencies.
(2) Installations outside the united states.--In the case
of military installations located outside the United States,
the results of any testing for lead-based paint on a military
installation shall be transmitted to the civil engineer or
commander of the installation who shall transmit those
results to the major subordinate command of the Armed Force
with jurisdiction over the installation.
(c) Definitions.--In this section:
(1) The term ``United States'' has the meaning given that
term in section 101(a)(1) of title 10, United States Code.
(2) The term ``qualified individual'' means an individual
who is certified by the Environmental Protection Agency or by
a State as--
(A) a lead-based paint inspector; or
(B) a lead-based paint risk assessor.
SEC. 3055. STANDARD FOR MINIMUM CREDENTIALS FOR HEALTH AND
ENVIRONMENTAL INSPECTORS OF PRIVATIZED MILITARY
HOUSING.
(a) Development and Submission of Standard.--Not later than
February 1, 2020, the Secretary of Defense shall submit to
the congressional defense committees a report that contains a
standard for minimum credentials to be used throughout the
Department of Defense for all inspectors of health and
environmental hazards at privatized military housing,
including inspectors contracted by the Department.
(b) Inclusion of Categories for Specific Environmental
Hazards.--The standard submitted under subsection (a) shall
include categories for specific environmental hazards such as
lead, mold, and radon.
SEC. 3056. REQUIREMENTS RELATING TO MOVE-IN, MOVE-OUT, AND
MAINTENANCE OF PRIVATIZED MILITARY HOUSING.
(a) Move-in and Move-out Checklist.--
(1) Checklist required.--The Secretary of Defense shall
develop a uniform move-in and move-out checklist for use by
landlords providing privatized military housing and by
tenants of such housing.
(2) Required move-in element.--A tenant who will occupy a
unit of privatized military housing is entitled to be present
for an inspection of the housing unit before accepting
occupancy of the housing unit to ensure that the unit is
habitable and that facilities and common areas of the
building are in good repair.
(3) Required move-out element.--A tenant of a unit of
privatized military housing is entitled to be present for the
move-out inspection of the housing unit and must be given
sufficient time to address any concerns related to the
tenant's occupancy of the housing unit.
(b) Maintenance Checklist.--The Secretary of Defense
shall--
(1) develop a uniform checklist to be used by housing
management offices to validate the completion of all
maintenance work related to health and safety issues at
privatized military housing; and
(2) require that all maintenance issues and work orders
related to health and safety issues at privatized military
housing be reported to the commander of the installation for
which the housing is provided.
(c) Consultation.--The Secretary of Defense shall carry out
this section in consultation with the Secretaries of the
military departments.
(d) Deadline.--The uniform checklists required by this
section shall be completed not later than 60 days after the
date of the enactment of this Act.
SEC. 3057. STANDARDIZED DOCUMENTATION, TEMPLATES, AND FORMS
FOR PRIVATIZED MILITARY HOUSING.
(a) Development Required.--
(1) In general.--The Secretary of Defense shall develop
standardized documentation, templates, and forms for use
throughout the Department of Defense with respect to
privatized military housing. In developing such
documentation, templates, and forms, the Secretary shall
ensure that, to the maximum extent practicable, the
documentation, templates, and forms do not conflict with
applicable State and local housing regulations.
(2) Initial guidance.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall issue guidance for the development of the following:
(A) Policies and standard operating procedures of the
Department for privatized military housing.
(B) A universal lease agreement for privatized military
housing that includes--
(i) the documents developed pursuant to section 2890 of
title 10, United States Code, as added by section 3011,
entitled Military Housing Privatization Initiative Tenant
Bill of Rights and Military Housing Privatization Initiative
Tenant Responsibilities; and
(ii) any lease addendum required by the law of the State in
which the unit of privatized military housing is located.
(3) Consultation.--The Secretary of Defense shall carry out
this subsection in consultation with the Secretaries of the
military departments.
(b) Military Department Plans.--Not later than February 1,
2020, the Secretary of each military department shall submit
to the congressional defense committees a plan for the
implementation of this section by that military department.
SEC. 3058. SATISFACTION SURVEY FOR TENANTS OF MILITARY
HOUSING.
(a) Survey Required.--Not later than March 1, 2020, the
Secretary of Defense shall require that each installation of
the Department of Defense use the same satisfaction survey
for tenants of military housing, including privatized
military housing.
(b) Form of Survey.--The satisfaction survey required by
subsection (a) shall be an electronic survey with embedded
privacy and security mechanisms.
[[Page H9598]]
(c) Privacy and Security Mechanisms.--The privacy and
security mechanisms used in the satisfaction survey required
by subsection (a)--
(1) may include a code unique to the tenant to be surveyed
that is sent to the cell phone number of the tenant and
required to be entered to access the survey; and
(2) in the case of privatized military housing, shall
ensure the survey is not shared with the landlord providing
the privatized military housing until the survey is reviewed
and the results are tallied by Department of Defense
personnel.
Subtitle E--Other Housing Reform Matters
SEC. 3061. RADON TESTING OF PRIVATIZED MILITARY HOUSING.
(a) Report.--Not later than March 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees
a report identifying the installations of the Department of
Defense that have privatized military housing that should be
monitored for levels of radon at or above the action level.
(b) Testing Procedures and Standards.--The Secretaries of
the military departments shall ensure that landlords
providing privatized military housing at installations
identified under subsection (a) establish testing procedures
that are consistent with then current national consensus
standards and are in compliance with applicable Federal,
State, and local radon regulations in order to ensure radon
levels are below recommended levels established by the
Environmental Protection Agency, whether through--
(1) regular testing of privatized military housing by
persons who possess certification pursuant to the proficiency
program operated under section 305(a)(2) of the Toxic
Substances Control Act (15 U.S.C. 2665(a)(2)); or
(2) the installation of monitoring equipment in privatized
military housing.
(c) Notification Regarding Need for Mitigation.--If, as a
result of testing described in subsection (b), a unit of
privatized military housing needs radon mitigation to ensure
radon levels are below recommended levels, the landlord
providing the housing unit shall submit to the Secretary of
the military department concerned, not later than seven days
after the determination of the need for radon mitigation, the
mitigation plan for the housing unit.
SEC. 3062. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN
MILITARY FAMILY HOUSING UNITS.
(a) Anchoring of Items by Residents.--The Secretary of
Defense shall allow a resident of a military family housing
unit to anchor any furniture, television, or large appliance
to the wall of the unit for purposes of preventing such item
from tipping over without incurring a penalty or obligation
to repair the wall upon vacating the unit.
(b) Anchoring of Items for All Units.--
(1) Existing units.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
ensure that all freestanding chests, door chests, armoires,
dressers, entertainment centers, bookcases taller than 27
inches, televisions, and large appliances provided by the
Department of Defense are securely anchored in each furnished
military family housing unit under the jurisdiction of the
Department as of the date of the enactment of this Act.
(2) New units.--The Secretary of Defense shall ensure that
all freestanding chests, door chests, armoires, dressers,
entertainment centers, bookcases taller than 27 inches,
televisions, and large appliances provided by the Department
of Defense are securely anchored in each furnished military
family housing unit made available after the date of the
enactment of this Act.
SEC. 3063. SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM
AND RELATED PROGRAMS FOR PRIVATIZED MILITARY
HOUSING.
(a) Suspension Required.--The Secretary of Defense shall
suspend the initiative of the Department of Defense known as
the Resident Energy Conservation Program and instruct the
Secretary of each military department to suspend any program
carried out by such Secretary that measures the energy usage
for individual units of privatized military housing on
installations of the Department of Defense.
(b) Term of Suspension.--Subject to subsection (c), the
suspension required by subsection (a) shall remain in effect
for an installation of the Department of Defense until the
Secretary of Defense certifies to the congressional defense
committees that 100 percent of the privatized military
housing on the installation is individually metered to each
respective unit of privatized military housing on the
installation military housing unit and the meter accurately
measures the energy usage of the unit.
(c) Termination.--If the Secretary of Defense is unable to
make the certification required by subsection (b) for an
installation of the Department of Defense before the end of
the two-year period beginning on the date of the enactment of
this Act, each program suspended pursuant to subsection (a)
at that installation shall terminate at the end of such
period.
SEC. 3064. DEPARTMENT OF THE ARMY PILOT PROGRAM TO BUILD AND
MONITOR USE OF SINGLE FAMILY HOMES.
(a) In General.--The Secretary of the Army shall carry out
a pilot program to build and monitor the use of not fewer
than five single family homes for members of the Army and
their families.
(b) Location.--The Secretary of the Army shall carry out
the pilot program at no less than two installations of the
Army located in different climate regions of the United
States as determined by the Secretary.
(c) Design.--In building homes under the pilot program, the
Secretary of the Army shall use the All-American Abode design
from the suburban single-family division design by the United
States Military Academy.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Personnel matters at National Nuclear Security
Administration.
Sec. 3112. Estimation of costs of meeting defense environmental cleanup
milestones required by consent orders.
Sec. 3113. Office of Cost Estimating and Program Evaluation.
Sec. 3114. Clarification of certain Stockpile Responsiveness Program
objectives.
Sec. 3115. Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded priorities.
Sec. 3116. Modification to certain requirements relating to plutonium
pit production capacity.
Sec. 3117. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3118. Extension and modification of pilot program on
unavailability for overhead costs of amounts specified
for laboratory-directed research and development.
Sec. 3119. Modification to limitation on availability of funds for
acceleration of nuclear weapons dismantlement.
Sec. 3120. Implementation of common financial reporting system for
nuclear security enterprise.
Sec. 3121. Limitation relating to reclassification of high-level waste.
Sec. 3122. National Laboratory Jobs ACCESS Program.
Subtitle C--Reports and Other Matters
Sec. 3131. Civil penalties for violations of certain whistleblower
protections.
Sec. 3132. Repeal of assessments of adequacy of budget requests
relating to nuclear weapons stockpile.
Sec. 3133. Repeal of requirement for review relating to enhanced
procurement authority.
Sec. 3134. Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3135. Replacement of W78 warhead.
Sec. 3136. Independent review of capabilities for detection,
verification, and monitoring of nuclear weapons and
fissile material.
Sec. 3137. Assessment of high energy density physics.
Sec. 3138. Determination of effect of treaty obligations with respect
to producing tritium.
Sec. 3139. Technical corrections to National Nuclear Security
Administration Act and Atomic Energy Defense Act.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2020 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 20-D-931, KL Fuel Development Laboratory, Knolls
Atomic Power Laboratory, Schenectady, New York, $23,700,000.
General Purpose Project, PF-4 Power and Communications
Systems Upgrade, Los Alamos National Laboratory, Los Alamos,
New Mexico, $16,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2020 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 20-D-401, Saltstone Disposal Units numbers 10, 11,
and 12, Savannah River Site, Aiken, South Carolina,
$1,000,000.
Project 20-D-402, Advanced Manufacturing Collaborative,
Savannah River Site, Aiken, South Carolina, $50,000,000.
Project 20-U-401, On-Site Waste Disposal Facility (Cell
Lines 2 and 3), Portsmouth Site, Pike County, Ohio,
$10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for nuclear energy
as specified in the funding table in section 4701.
[[Page H9599]]
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. PERSONNEL MATTERS AT NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Personnel Levels of the Office of the Administrator for
Nuclear Security.--
(1) Personnel levels.--
(A) Increase.--Subsection (a) of section 3241A of the
National Nuclear Security Administration Act (50 U.S.C.
2441a) is amended by striking ``1,690'' both places it
appears and inserting ``1,890''.
(B) Technical amendments.--Such subsection is further
amended--
(i) in paragraph (1), by striking ``By October 1, 2015,
the'' and inserting ``The''; and
(ii) in paragraph (2), by striking ``2016'' and inserting
``2020''.
(2) Reports on service support contracts.--Subsection (f)
of such section is amended--
(A) in the matter preceding paragraph (1), by striking ``as
of the date of the report'' and inserting ``for the most
recent fiscal year for which data are available''; and
(B) by striking paragraph (5) and inserting the following
new paragraphs:
``(5) With respect to each contract identified under
paragraph (2)--
``(A) identification of each appropriations account that
supports the contract; and
``(B) the amount obligated under the contract during the
fiscal year, listed by each such account.
``(6) With respect to each appropriations account
identified under paragraph (5)(A), the total amount obligated
for contracts identified under paragraph (2).''.
(b) Increase in Contracting, Program Management,
Scientific, Engineering, and Technical Positions.--Section
3241 of the National Nuclear Security Administration Act (50
U.S.C. 2441) is amended in the first sentence by striking
``600'' and inserting ``800''.
SEC. 3112. ESTIMATION OF COSTS OF MEETING DEFENSE
ENVIRONMENTAL CLEANUP MILESTONES REQUIRED BY
CONSENT ORDERS.
(a) In General.--Subtitle A of title XLIV of the Atomic
Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by
adding at the end the following new section:
``SEC. 4409. ESTIMATION OF COSTS OF MEETING DEFENSE
ENVIRONMENTAL CLEANUP MILESTONES REQUIRED BY
CONSENT ORDERS.
``The Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of
the Department of Energy budget for each fiscal year (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) a report on the
cost, for that fiscal year and the four fiscal years
following that fiscal year, of meeting milestones required by
a consent order at each defense nuclear facility at which
defense environmental cleanup activities are occurring. The
report shall include, for each such facility--
``(1) a specification of the cost of meeting such
milestones during that fiscal year; and
``(2) an estimate of the cost of meeting such milestones
during the four fiscal years following that fiscal year.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4408 the following new item:
``Sec. 4409. Estimation of costs of meeting defense environmental
cleanup milestones required by consent orders.''.
SEC. 3113. OFFICE OF COST ESTIMATING AND PROGRAM EVALUATION.
(a) Reporting.--Section 3221(b)(1) of the National Nuclear
Security Administration Act (50 U.S.C. 2411(b)(1)) is amended
by adding at the end the following new sentence: ``The
Director shall report directly to the Administrator.''.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall provide to the congressional defense
committees a briefing on the plan of the Administrator to
fully staff the Office of Cost Estimating and Program
Evaluation of the National Nuclear Security Administration
pursuant to section 3221(f) of the National Nuclear Security
Administration Act (50 U.S.C. 2411(f)).
SEC. 3114. CLARIFICATION OF CERTAIN STOCKPILE RESPONSIVENESS
PROGRAM OBJECTIVES.
Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C.
2538b(c)) is amended--
(1) in paragraph (3), by striking ``capabilities required,
including prototypes'' and inserting ``capabilities as
required, such as through the use of prototypes''; and
(2) in paragraph (6)--
(A) by striking ``in consultation with the Director of
National Intelligence'' and inserting ``in coordination with
the Director of National Intelligence''; and
(B) by inserting ``if needed to meet intelligence
requirements'' after ``foreign countries''.
SEC. 3115. ELIMINATION OF LIMITATION ON AVAILABILITY OF FUNDS
RELATING TO SUBMISSION OF ANNUAL REPORTS ON
UNFUNDED PRIORITIES.
Section 4716 of the Atomic Energy Defense Act (50 U.S.C.
2756) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Annual Report or Certification.--Not later than 10
days after the date on which the budget of the President for
a fiscal year is submitted to Congress pursuant to section
1105(a) of title 31, United States Code, the Administrator
shall submit to the Secretary of Energy and the congressional
defense committees either--
``(1) a report on the unfunded priorities of the
Administration; or
``(2) if the Administrator determines that there are no
unfunded priorities to include in such a report, a
certification and explanation by the Administrator, without
delegation, of the determination.'';
(2) in subsection (b), by striking ``report required by
subsection (a)'' both places it appears and inserting
``report under subsection (a)(1)'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c).
SEC. 3116. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO
PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) rebuilding a robust plutonium pit production
infrastructure with a capacity of up to 80 pits per year is
critical to maintaining the viability of the nuclear weapons
stockpile;
(2) that effort will require cooperation from experts
across the nuclear security enterprise; and
(3) any further delay to achieving a plutonium sustainment
capability to support the planned stockpile life extension
programs will result in an unacceptable capability gap to our
deterrent posture.
(b) Modification to Requirements.--Section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a) is amended--
(1) in subsection (a), by striking paragraph (5) and
inserting the following:
``(5) during 2030, produces not less than 80 war reserve
plutonium pits.'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b), as redesignated by paragraph (2), by
striking ``2027 (or, if the authority under subsection (b) is
exercised, 2029)'' and inserting ``2030''; and
(5) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (c)'' and inserting ``subsection (b)''.
SEC. 3117. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE
ISOLATION PILOT PLANT.
Section 3115(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2759), as
amended by section 3137(b) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2303), is further amended, in the matter
preceding paragraph (1), by striking ``three-year period''
and inserting ``10-year period''.
SEC. 3118. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON
UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS
SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND
DEVELOPMENT.
Section 3119 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is
amended--
(1) in subsection (c)(2), by striking ``three'' and
inserting ``four''; and
(2) in subsection (d)--
(A) by striking ``Before the termination under subsection
(c)(2) of the pilot program required by subsection (a)'' and
inserting ``Not later than February 15, 2020''; and
(B) by inserting before the end period the following: ``,
including effects on laboratory-directed research and
development and other programs''.
SEC. 3119. MODIFICATION TO LIMITATION ON AVAILABILITY OF
FUNDS FOR ACCELERATION OF NUCLEAR WEAPONS
DISMANTLEMENT.
Subsection (a) of section 3125 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2766), as amended by section 3117 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1890), is amended by striking
``$56,000,000'' and inserting ``$87,000,000''.
SEC. 3120. IMPLEMENTATION OF COMMON FINANCIAL REPORTING
SYSTEM FOR NUCLEAR SECURITY ENTERPRISE.
Not more than 90 percent of the funds authorized to be
appropriated by section 3101 for the National Nuclear
Security Administration for fiscal year 2020 for Federal
salaries and expenses and available for travel and
transportation may be obligated or expended before the date
on which the Administrator for Nuclear Security completes
implementation of the common financial reporting system for
the nuclear security enterprise as required by section
3113(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 50 U.S.C. 2512 note).
SEC. 3121. LIMITATION RELATING TO RECLASSIFICATION OF HIGH-
LEVEL WASTE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Energy may be obligated or expended by the
Secretary of Energy to apply the interpretation of high-level
radioactive waste described in the notice published by the
Secretary titled ``Supplemental Notice Concerning U.S.
Department of Energy Interpretation of High-Level Radioactive
Waste'' (84 Fed. Reg. 26835), or successor notice, with
respect to such waste located in the State of Washington.
SEC. 3122. NATIONAL LABORATORY JOBS ACCESS PROGRAM.
(a) In General.--On or after the date that is 180 days
after the date of the enactment of this Act, the Secretary
may establish a program, to be known as the ``Department of
Energy National Lab Jobs ACCESS Program'', under which the
Secretary may award, on a competitive basis, 5-year grants to
eligible entities described in subsection (c) for the Federal
share of the costs of pre-apprenticeship programs and
apprenticeship programs described in subsection (b).
(b) Pre-apprenticeship and Apprenticeship Programs
Described.--A pre-apprenticeship
[[Page H9600]]
program or apprenticeship program described in this
subsection is a pre-apprenticeship program or apprenticeship
program that--
(1) leads to recognized postsecondary credentials for
secondary school and postsecondary students;
(2) is focused on skills and qualifications needed, as
determined by the Secretary in consultation with the
directors of the National Laboratories, to meet the immediate
and ongoing needs of traditional and emerging technician
positions (including machinists and cybersecurity
technicians) at the National Laboratories and covered
facilities of the National Nuclear Security Administration;
(3) is established in consultation with a National
Laboratory or covered facility of the National Nuclear
Security Administration;
(4) is registered with and approved by the Secretary of
Labor or a State apprenticeship agency; and
(5) ensures that participants in the pre-apprenticeship
program or apprenticeship program do not displace paid
employees.
(c) Eligible Entities Described.--An eligible entity
described in this subsection is a workforce intermediary or
an eligible sponsor of a pre-apprenticeship program or
apprenticeship program that--
(1) demonstrates experience in implementing and providing
career planning and career pathways toward pre-apprenticeship
programs or apprenticeship programs;
(2)(A) has a relationship with a National Laboratory or
covered facility of the National Nuclear Security
Administration;
(B) has knowledge of the technician workforce needs of the
laboratory or facility and the associated security
requirements of the laboratory or facility; and
(C) is eligible to enter into an agreement with the
laboratory or facility that would be paid for in part or
entirely from grant funds received under this section;
(3) demonstrates the ability to recruit and support
individuals who plan to work in relevant technician positions
upon the successful completion of the pre-apprenticeship
program or apprenticeship program;
(4) provides students who complete the pre-apprenticeship
program or apprenticeship program with, or prepares such
students for obtaining, a recognized postsecondary
credential;
(5) uses related instruction that is specifically aligned
with the needs of the laboratory or facility and utilizes
workplace learning advisors and on-the-job training to the
greatest extent possible; and
(6) demonstrates successful outcomes connecting graduates
of the pre-apprenticeship program or apprenticeship program
to careers relevant to the program.
(d) Applications.--If the Secretary establishes the program
described in subsection (a), an eligible entity described in
subsection (c) seeking a grant under the program shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(e) Priority.--In selecting eligible entities described in
subsection (c) to receive grants under this section, the
Secretary may prioritize an eligible entity that--
(1) is a member of an industry or sector partnership;
(2) provides related instruction for a pre-apprenticeship
program or apprenticeship program through--
(A) a local educational agency, a secondary school, a
provider of adult education, an area career and technical
education school, or an institution of higher education (such
as a community college) that includes basic science,
technology, and mathematics education in the related
instruction; or
(B) an apprenticeship program that was registered with the
Department of Labor or a State apprenticeship agency before
the date on which the eligible entity applies for the grant
under subsection (d);
(3) works with the Secretary of Defense, the Secretary of
Veterans Affairs, or veterans organizations to transition
members of the Armed Forces and veterans to pre-
apprenticeship programs or apprenticeship programs in a
relevant sector;
(4) plans to use the grant to carry out the pre-
apprenticeship program or apprenticeship program with an
entity that receives State funding or is operated by a State
agency; and
(5) plans to use the grant to carry out the pre-
apprenticeship program or apprenticeship program for--
(A) young adults ages 16 to 29, inclusive; or
(B) individuals with barriers to employment.
(f) Additional Consideration.--In making grants under this
section, the Secretary may consider regional diversity.
(g) Limitation on Applications.--An eligible entity
described in subsection (c) may not submit, either
individually or as part of a joint application, more than one
application for a grant under this section during any one
fiscal year.
(h) Limitations on Amount of Grant.--The amount of a grant
provided under this section may not, for any 24-month period
of the 5-year grant period, exceed $500,000.
(i) Non-Federal Share.--The non-Federal share of the cost
of a pre-apprenticeship program or apprenticeship program
carried out using a grant under this section shall be not
less than 25 percent of the total cost of the program.
(j) Technical Assistance.--The Secretary may provide
technical assistance to eligible entities described in
subsection (c) to leverage the existing job training and
education programs of the Department of Labor and other
relevant programs at appropriate Federal agencies.
(k) Report.--
(1) In general.--If the Secretary establishes the program
described in subsection (a), not less than once every 2 years
thereafter, the Secretary shall submit to Congress, and make
publicly available on the website of the Department of
Energy, a report on the program, including--
(A) a description of--
(i) any entity that receives a grant under this section;
(ii) any activity carried out using a grant under this
section; and
(iii) best practices used to leverage the investment of the
Federal Government under this section; and
(B) an assessment of the results achieved by the program,
including the rate of employment for participants after
completing a pre-apprenticeship program or apprenticeship
program carried out using a grant under this section.
(2) Performance reports.--Not later than one year after the
establishment of a pre-apprenticeship program or
apprenticeship program using a grant awarded under this
section, and annually thereafter, the entity carrying out the
program shall submit to the Secretary and the Secretary of
Labor a report on the effectiveness of the program based on
the accountability measures described in clauses (i) and (ii)
of section 116(b)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A)).
(l) Definitions.--In this section:
(1) ESEA terms.--The terms ``local educational agency'' and
``secondary school'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) WIOA terms.--The terms ``career planning'',
``community-based organization'', ``customized training'',
``economic development agency'', ``individual with a barrier
to employment'', ``industry or sector partnership'', ``on-
the-job training'', ``recognized postsecondary credential'',
and ``workplace learning advisor'' have the meanings given
such terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(3) Apprenticeship program.--The term ``apprenticeship
program'' means a program registered under the Act of August
16, 1937 (commonly known as the ``National Apprenticeship
Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(4) Area career and technical education school.--The term
``area career and technical education school'' has the
meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(5) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
(6) Covered facility of the national nuclear security
administration.--The term ``covered facility of the National
Nuclear Security Administration'' means a national security
laboratory or a nuclear weapons production facility as such
terms are defined in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501).
(7) Eligible sponsor.--The term ``eligible sponsor'' means
a public organization or nonprofit organization that--
(A) with respect to an apprenticeship program, administers
the program through a partnership that may include--
(i) an industry or sector partnership;
(ii) an employer or industry association;
(iii) a labor-management organization;
(iv) a local workforce development board or State workforce
development board;
(v) a 2- or 4-year institution of higher education that
offers an educational program leading to an associate's or
bachelor's degree in conjunction with a certificate of
completion of apprenticeship;
(vi) the Armed Forces (including the National Guard and
Reserves);
(vii) a community-based organization; or
(viii) an economic development agency; and
(B) with respect to a pre-apprenticeship program, is a
local educational agency, a secondary school, an area career
and technical education school, a provider of adult
education, a State workforce development board, a local
workforce development board, or a community-based
organization, that administers the program with any required
coordination and necessary approvals from the Secretary of
Labor or a State department of labor.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(9) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(10) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(11) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(12) Pre-apprenticeship program.--The term ``pre-
apprenticeship program'' means a program--
(A) designed to prepare individuals to enter and succeed in
an apprenticeship program; and
(B) that has a documented partnership with at least one, if
not more, apprenticeship programs.
(13) Provider of adult education.--The term ``provider of
adult education'' has the meaning given the term ``eligible
provider'' in section 203 of the Adult Education and Family
Literacy Act (29 U.S.C. 3272).
(14) Related instruction.--The term ``related instruction''
means an organized and systematic form of instruction
designed to provide an individual in a pre-apprenticeship
program
[[Page H9601]]
or apprenticeship program with the knowledge of the technical
subjects related to the intended occupation of the individual
after completion of the program.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Energy, in consultation with the Secretary of Labor,
except as otherwise specified in this section.
(16) Sponsor.--The term ``sponsor'' means any person,
association, committee, or organization operating a pre-
apprenticeship program or apprenticeship program and in whose
name the program is (or is to be) registered or approved.
(17) State apprenticeship agency.--The term ``State
apprenticeship agency'' has the meaning given that term in
section 29.2 of title 29, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
(18) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(19) Workforce intermediary.--The term ``workforce
intermediary''--
(A) means a nonprofit organization that--
(i) proactively addresses workforce needs using a dual
customer approach, which considers the needs of both
employees and employers; and
(ii) has partnered with a sponsor of a pre-apprenticeship
program or apprenticeship program or is a sponsor of a pre-
apprenticeship program or apprenticeship program; and
(B) may include a community organization, an employer
organization, a community college, a temporary staffing
agency, a State workforce development board, a local
workforce development board, or a labor or labor-management
organization.
Subtitle C--Reports and Other Matters
SEC. 3131. CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN
WHISTLEBLOWER PROTECTIONS.
Section 234A of the Atomic Energy Act of 1954 (42 U.S.C.
2282a) is amended--
(1) in the heading, by inserting ``and whistleblower''
after ``safety'';
(2) in subsection a.--
(A) by inserting ``, or who violates any applicable law,
rule, regulation, or order related to nuclear safety
whistleblower protections,'' before ``shall be subject to a
civil penalty''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Energy may carry out this section with respect
to the National Nuclear Security Administration by acting
through the Administrator for Nuclear Security.''; and
(3) by adding at the end the following new subsection:
``e. In this section, the term `nuclear safety
whistleblower protections' means the protections for
employees of contractors or subcontractors from reprisals
pursuant to section 4712 of title 41, United States Code,
section 211 of the Energy Reorganization Act of 1974 (42
U.S.C. 5851), or other provisions of Federal law (including
rules, regulations, or orders) affording such protections,
with respect to disclosures or other activities covered by
such protections that relate to nuclear safety.''.
SEC. 3132. REPEAL OF ASSESSMENTS OF ADEQUACY OF BUDGET
REQUESTS RELATING TO NUCLEAR WEAPONS STOCKPILE.
(a) In General.--Section 3255 of the National Nuclear
Security Administration Act (50 U.S.C. 2455) is repealed.
(b) Clerical Amendment.--The table of contents for the
National Nuclear Security Administration Act is amended by
striking the item relating to section 3255.
SEC. 3133. REPEAL OF REQUIREMENT FOR REVIEW RELATING TO
ENHANCED PROCUREMENT AUTHORITY.
Section 4806 of the Atomic Energy Defense Act (50 U.S.C.
2786) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 3134. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM ACT OF 2000.
(a) Office of Ombudsman.--Section 3686 of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s-15) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) To provide guidance and assistance to claimants.'';
and
(2) in subsection (h), by striking ``2019'' and inserting
``2020''.
(b) Advisory Board on Toxic Substances and Worker Health.--
Section 3687 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-16) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking ``; and'' and
inserting a semicolon; and
(C) by adding after subparagraph (D) the following:
``(E) the claims adjudication process generally, including
review of procedure manual changes prior to incorporation
into the manual and claims for medical benefits; and
``(F) such other matters as the Secretary considers
appropriate; and'';
(2) in subsection (g)--
(A) by striking ``The Secretary of Energy shall'' and
inserting ``The Secretary of Energy and the Secretary of
Labor shall each''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Labor shall make available to the Board the
program's medical director, toxicologist, industrial
hygienist and program's support contractors as requested by
the Board.'';
(3) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Response to Recommendations.--Not later than 60 days
after submission to the Secretary of Labor of the Board's
recommendations, the Secretary shall respond to the Board in
writing, and post on the public internet website of the
Department of Labor, a response to the recommendations that--
``(1) includes a statement of whether the Secretary accepts
or rejects the Board's recommendations;
``(2) if the Secretary accepts the Board's recommendations,
describes the timeline for when those recommendations will be
implemented; and
``(3) if the Secretary does not accept the recommendations,
describes the reasons the Secretary does not agree and
provides all scientific research to the Board supporting that
decision.''.
SEC. 3135. REPLACEMENT OF W78 WARHEAD.
(a) Report.--
(1) In general.--Not later than 210 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall submit to the congressional defense committees
a report on replacing the W78 warhead.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A discussion of the alternatives considered with
respect to replacing the W78 warhead, including--
(i) a description of the technical risks, schedule, and
costs for each alternative to replacing the W78 warhead; and
(ii) a description of any changes since January 15, 2014,
to the requirements for such alternatives.
(B) A review of the matters under subparagraph (A) by the
Director for Cost Estimating and Program Evaluation of the
National Nuclear Security Administration.
(b) Independent Study.--
(1) In general.--The Administrator shall seek to enter into
an arrangement with the private scientific advisory group
known as JASON to conduct a study of the plan of the
Administrator to replace the W78 warhead. Such study shall
include--
(A) an assessment of the risks to certification; and
(B) the need for planned upgrades to such warhead.
(2) Submission.--Not later than 150 days after the date of
the enactment of this Act, the Administrator shall submit to
the congressional defense committees the study under
paragraph (1), without change.
SEC. 3136. INDEPENDENT REVIEW OF CAPABILITIES FOR DETECTION,
VERIFICATION, AND MONITORING OF NUCLEAR WEAPONS
AND FISSILE MATERIAL.
(a) Plan.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, shall seek to
enter into a contract with the National Academy of Sciences
to conduct an independent review and assessment of United
States capabilities for detection, verification, and
monitoring of nuclear weapons and fissile material.
(b) Elements.--The review and assessment required by
subsection (a) shall include the following:
(1) An evaluation of the current national research
enterprise for detection, verification, and monitoring of
nuclear weapons and fissile material.
(2) Integration of roles, responsibilities, and planning
for such detection, verification, and monitoring within the
Federal Government.
(3) Opportunities to leverage the national research
enterprise to further prevent the proliferation of nuclear
weapons and fissile material, including with respect to
policy, research and development, and testing and evaluation.
(4) Opportunities for international engagement for building
cooperation and transparency, including bilateral and
multilateral efforts, to improve inspections, detection, and
monitoring of nuclear weapons and fissile material, and to
create incentives for such cooperation and transparency.
(5) Opportunities for new or expanded research and
development efforts to improve detection and monitoring of,
and in-field inspection and analysis capabilities with
respect to, nuclear weapons and fissile materials.
(6) Opportunities for improved coordination between
departments and agencies of the Federal Government and the
military departments, national laboratories, commercial
industry, and academia.
(7) Opportunities for leveraging commercial capabilities.
(c) Submission to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Energy shall
submit to the congressional defense committees, without
change, the findings of the National Academy resulting from
the review and assessment conducted under subsection (a).
(2) Form.--The findings described in paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 3137. ASSESSMENT OF HIGH ENERGY DENSITY PHYSICS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall enter into an arrangement with the National
Academies of Sciences, Engineering, and Medicine to conduct
an assessment of recent advances and the current status of
research in the field of high energy density physics.
[[Page H9602]]
(b) Elements.--The assessment conducted under subsection
(a) shall include the following:
(1) Theoretical and computational modeling of high energy
density material phases, radiation-matter interactions,
plasmas atypical of astrophysical conditions, and conditions
unique to the National Nuclear Security Administration.
(2) The simulation of such phases, interactions, plasmas,
and conditions.
(3) Instrumentation and target fabrication.
(4) Workforce training.
(5) An assessment of advancements made by other countries
in high energy density physics.
(6) Such others items as are agreed upon by the
Administrator and the National Academies.
(c) Applicability of Internal Controls.--The assessment
under subsection (a) shall be conducted in accordance with
the internal controls of the National Academies.
(d) Report to Congress.--Not later than 18 months after
entering into the arrangement under subsection (a), the
National Academies of Sciences, Engineering, and Medicine
shall submit to the congressional defense committees a report
on the assessment conducted under that subsection.
(e) High Energy Density Physics Defined.--In this section,
the term ``high energy density physics'' means the physics of
matter and radiation at--
(1) energy densities exceeding 100,000,000,000 joules per
cubic meter; and
(2) other temperature and pressure ranges within the warm
dense matter regime.
SEC. 3138. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH
RESPECT TO PRODUCING TRITIUM.
Not later than February 15, 2020, the Secretary of Energy
shall--
(1) determine whether the Agreement for Cooperation on the
Uses of Atomic Energy for Mutual Defense Purposes, signed at
Washington, July 3, 1958 (9 UST 1028), between the United
States and the United Kingdom, permits the United States to
obtain low-enriched uranium for the purposes of producing
tritium in the United States; and
(2) submit to the congressional defense committees a report
on that determination.
SEC. 3139. TECHNICAL CORRECTIONS TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION ACT AND ATOMIC ENERGY DEFENSE
ACT.
(a) Definitions in National Nuclear Security Administration
Act.--Section 3281(2)(A) of the National Nuclear Security
Administration Act (50 U.S.C. 2471(2)(A)) is amended by
striking ``Plant'' and inserting ``National Security
Campus''.
(b) Amendments to Atomic Energy Defense Act.--
(1) Definitions.--Section 4002(9)(A) of the Atomic Energy
Defense Act (50 U.S.C. 2501(9)(A)) is amended striking
``Plant'' and inserting ``National Security Campus''.
(2) Stockpile stewardship, management, and responsiveness
plan.--Section 4203 of the Atomic Energy Defense Act (50
U.S.C. 2523) is amended--
(A) in subsection (d)(4)(A)(ii), by striking ``quadrennial
defense review if such strategy has not been submitted'' and
inserting ``national defense strategy'';
(B) in subsection (e)(1)(A)(i), by striking ``or the most
recent quadrennial defense review, as applicable under
subsection (d)(4)(A), and the'' and inserting ``referred to
in subsection (d)(4)(A)(i), the most recent the national
defense strategy, and the most recent''; and
(C) in subsection (f)--
(i) by striking paragraph (4);
(ii) by redesignating paragraph (3) as paragraph (4); and
(iii) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The term `national defense strategy' means the review
of the defense programs and policies of the United States
that is carried out every four years under section 113(g) of
title 10, United States Code.''.
(3) Manufacturing infrastructure for nuclear weapons
stockpile.--Section 4212 of the Atomic Energy Defense Act (50
U.S.C. 2532) is amended--
(A) in subsection (a)(1), in the matter preceding
subparagraph (A), by inserting ``most recent'' before
``Nuclear Posture Review''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking ``Plant'' and inserting
``National Security Complex''; and
(ii) in paragraph (4), by striking ``Plant'' and inserting
``National Security Campus, Kansas City, Missouri''.
(4) Reports on life extension programs.--
(A) In general.--Section 4216 of the Atomic Energy Defense
Act (50 U.S.C. 2536) is amended--
(i) in the section heading, by striking ``lifetime'' and
inserting ``life''; and
(ii) by striking ``lifetime'' each place it appears and
inserting ``life''.
(B) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4216 and inserting the following new
item:
``Sec. 4216. Reports on life extension programs.''.
(5) Advice on safety, security, and reliability of nuclear
weapons stockpile.--Section 4218 of the Atomic Energy Defense
Act (50 U.S.C. 2538) is amended--
(A) in subsection (d), by striking ``or the Commander of
the United States Strategic Command''; and
(B) in subsection (e)(1)--
(i) by striking ``, a member of'' and all that follows
through ``Strategic Command'' and inserting ``or a member of
the Nuclear Weapons Council''; and
(ii) by striking ``, member, or Commander'' and inserting
``or member''.
(6) Life-cycle cost estimates.--Section 4714(a) of the
Atomic Energy Defense Act (50 U.S.C. 2754(a)) is amended--
(A) by striking ``413.3'' and inserting ``413.3B''; and
(B) by inserting ``, or a successor order,'' after
``assets)''.
(7) Unfunded priorities.--
(A) In general.--Section 4716 of the Atomic Energy Defense
Act (50 U.S.C. 2756) is amended in the section heading by
striking ``national nuclear security administration'' and
inserting ``administration''.
(B) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4716 and inserting the following new
item:
``Sec. 4716. Unfunded priorities of the Administration.''.
(8) Reviews of capital assets acquisition projects.--
Section 4733(d)(3)(B) of the Atomic Energy Defense Act (50
U.S.C. 2773(d)(3)(B)) is amended by striking ``413.3'' and
inserting ``413.3B''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.
SECTION 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2020, $29,450,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
(a) Staff.--
(1) Executive director of operations.--
(A) Establishment of position.--Subsection (b) of section
313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is
amended by adding at the end the following new paragraph:
``(3)(A) The Board shall have an Executive Director of
Operations who shall be appointed under section 311(c)(6).
``(B) The Executive Director of Operations shall report to
the Chairman.
``(C) The Executive Director of Operations shall be the
senior employee of the Board responsible for--
``(i) general administration and technical matters;
``(ii) ensuring that the members of the Board are fully and
currently informed with respect to matters for which the
members are responsible; and
``(iii) the functions delegated by the Chairman pursuant to
section 311(c)(3)(B).''.
(B) Delegation of functions.--Paragraph (3) of section
311(c) of such Act (42 U.S.C. 2286(c)) is amended--
(i) by striking ``The Chairman'' and inserting ``(A) The
Chairman''; and
(ii) by adding at the end the following new subparagraph:
``(B) In carrying out subparagraph (A), the Chairman shall
delegate to the Executive Director of Operations established
under section 313(b)(3) the following functions:
``(i) Administrative functions of the Board.
``(ii) Appointment and supervision of employees of the
Board not specified under paragraph (6).
``(iii) Distribution of business among the employees and
administrative units and offices of the Board.
``(iv) Preparation of--
``(I) proposals for the reorganization of the
administrative units or offices of the Board;
``(II) the budget estimate for the Board; and
``(III) the proposed distribution of funds according to
purposes approved by the Board.''.
(2) Provision of information to board.--Such section
311(c), as amended by paragraph (1)(B), is further amended--
(A) in paragraph (2), by striking ``paragraphs (5), (6),
and (7)'' and inserting ``paragraphs (5) and (6)'';
(B) by striking paragraph (6); and
(C) by redesignating paragraph (7) as paragraph (6).
(3) Appointment and removal powers.--Paragraph (6) of such
section 311(c), as redesignated by paragraph (2)(C), is
amended to read as follows:
``(6)(A) The Chairman, subject to the approval of the
Board, shall appoint the senior employees described in
subparagraph (C). Any member of the Board may propose to the
Chairman an individual to be so appointed.
``(B) The Chairman, subject to the approval of the Board,
may remove a senior employee described in subparagraph (C).
Any member of the Board may propose to the Chairman an
individual to be so removed.
``(C) The senior employees described in this subparagraph
are the following senior employees of the Board:
``(i) The Executive Director of Operations established
under section 313(b)(3).
``(ii) The general counsel.''.
(4) Organization of staff of board.--Section 313(b) of such
Act, as amended by paragraph (1)(A), is further amended--
(A) in paragraph (1)(A), by striking ``section 311(c)(7)''
and inserting ``section 311(c)(6)''; and
(B) by adding at the end the following new paragraph:
``(4) Subject to the approval of the Board, the Chairman
may organize the staff of the Board as the Chairman considers
appropriate to best accomplish the mission of the Board
described in section 312(a).''.
(5) Temporary personnel levels.--During fiscal year 2020,
the Defense Nuclear Facilities Safety Board shall employ not
fewer than the equivalent of 100 full-time employees.
(b) Public Health and Safety.--Section 312(a) of such Act
(42 U.S.C. 2286a(a)) is amended by inserting before the
period at the end the
[[Page H9603]]
following: ``, including with respect to the health and
safety of employees and contractors at such facilities''.
(c) Access to Facilities, Personnel, and Information.--
Section 314 of such Act (42 U.S.C. 2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy'' and inserting
``Except as specifically provided by this section, the
Secretary of Energy'';
(B) by striking ``ready access'' both places it appears and
inserting ``prompt and unfettered access''; and
(C) by adding at the end the following new sentence: ``The
access provided to defense nuclear facilities, personnel, and
information under this subsection shall be provided without
regard to the hazard or risk category assigned to a facility
by the Secretary.''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Authority of Secretary to Deny Information.--(1) The
Secretary may deny access to information under subsection (a)
only to any person who--
``(A) has not been granted an appropriate security
clearance or access authorization by the Secretary; or
``(B) does not need such access in connection with the
duties of such person.
``(2) If the Board requests access to information under
subsection (a) in written form, and the Secretary denies
access to such information pursuant to paragraph (1)--
``(A) the Secretary shall provide the Board notice of such
denial in written form; and
``(B) not later than January 1 and July 1 of each year
beginning in 2020--
``(i) the Board shall submit to the congressional defense
committees a report identifying each request for access to
information under subsection (a) submitted to the Secretary
in written form during the preceding six-month period and
denied by the Secretary; and
``(ii) the Secretary shall submit to the congressional
defense committees a report identifying--
``(I) each such request denied by the Secretary during that
period; and
``(II) the reason for the denial.
``(3) In this subsection, the term `congressional defense
committees' has the meaning given that term in section 101(a)
of title 10, United States Code.
``(c) Application of Nondisclosure Protections by Board.--
The Board may not publicly disclose information provided
under this section if such information is otherwise protected
from disclosure by law, including deliberative process
information.''.
SEC. 3203. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
(a) List of Candidates for Nomination.--Subsection (b) of
section 311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286)
is amended by adding at the end the following new paragraph:
``(4) The President shall enter into an arrangement with
the National Academy of Sciences under which the National
Academy shall maintain a list of individuals who meet the
qualifications described in paragraph (1) to assist the
President in selecting individuals to nominate for positions
as members of the Board.''.
(b) Terms of Members.--
(1) In general.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``A member may be
reappointed for a second term only if the member was
confirmed by the Senate more than two years into the member's
first term. A member may not be reappointed for a third
term.''; and
(B) in paragraph (3)--
(i) by striking ``Any member'' and inserting ``(A) Any
member'';
(ii) by striking the second sentence; and
(iii) by adding at the end the following new subparagraph:
``(B) A member may not serve after the expiration of the
member's term, unless the departure of the member would
result in the loss of a quorum for the Board. If more than
one member is serving after the expiration of the member's
term and a new member is appointed to the Board so that one
of the members serving after the expiration of the member's
term is no longer necessary to maintain a quorum, the member
whose term expired first may no longer serve on the Board.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is one year after the date
of the enactment of this Act.
(c) Filling Vacancies.--Such subsection is further amended
by adding at the end the following new paragraph:
``(4)(A) Not later than 180 days after the expiration of
the term of a member of the Board, the President shall--
``(i) submit to the Senate the nomination of an individual
to fill the vacancy; or
``(ii) submit to the Committee on Armed Services of the
Senate a report that includes--
``(I) a description of the reasons the President did not
submit such a nomination; and
``(II) a plan for submitting such a nomination during the
90-day period following the submission of the report.
``(B) If the President does not submit to the Senate the
nomination of an individual to fill a vacancy during the 90-
day period described in subclause (II) of subparagraph
(A)(ii), the President shall submit to the Committee on Armed
Services a report described in that subparagraph not less
frequently than every 90 days until the President submits
such a nomination.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $14,000,000 for fiscal year 2020
for the purpose of carrying out activities under chapter 869
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Reauthorization of Maritime Security Program.
Sec. 3503. Maritime technical assistance program.
Sec. 3504. Appointment of candidates attending sponsored preparatory
school.
Sec. 3505. General support program.
Sec. 3506. Improvements to the maritime guaranteed loan program.
Sec. 3507. Requirement for small shipyard grantees.
Sec. 3508. Salvage recoveries of cargoes.
Sec. 3509. Salvage recoveries for subrogated ownership of vessels and
cargoes.
Sec. 3510. Maritime Occupational Safety and Health Advisory Committee.
Sec. 3511. Military to mariner.
Sec. 3512. Department of Transportation Inspector General Report.
Sec. 3513. Independent study on the United States Merchant Marine
Academy.
Sec. 3514. Port operations, research, and technology.
Sec. 3515. Assessment and report on strategic seaports.
Sec. 3516. Technical corrections.
Sec. 3517. United States Merchant Marine Academy sexual assault
prevention and response program.
Sec. 3518. Report on vessels for emerging offshore energy
infrastructure.
Sec. 3519. Report on United States flagged fuel tanker vessel capacity.
Subtitle B--Cable Security Fleet
Sec. 3521. Establishment of Cable Security Fleet.
Subtitle C--Maritime SAFE Act
Sec. 3531. Short titles.
Sec. 3532. Definitions.
Sec. 3533. Purposes.
Sec. 3534. Statement of policy.
Part I--Programs to Combat IUU Fishing and Increase Maritime Security
Sec. 3541. Coordination with international organizations.
Sec. 3542. Engagement of diplomatic missions of the United States.
Sec. 3543. Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag states.
Sec. 3544. Expansion of existing mechanisms to combat IUU fishing.
Sec. 3545. Improvement of transparency and traceability programs.
Sec. 3546. Technology programs.
Sec. 3547. Savings clause.
Part II--Establishment of Interagency Working Group on IUU Fishing
Sec. 3551. Interagency Working Group on IUU Fishing.
Sec. 3552. Strategic plan.
Sec. 3553. Reports.
Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
Sec. 3561. Finding.
Sec. 3562. Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking.
Sec. 3563. Human trafficking in the seafood supply chain report.
Part IV--Authorization of Appropriations
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2020, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States Merchant Marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $95,944,000, of which--
(A) $77,944,000 shall remain available until September 30,
2021 for Academy operations; and
(B) $18,000,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,280,000, of which--
(A) $2,400,000 shall remain available until September 30,
2021, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended for
direct payments to such academies;
(C) $30,080,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels;
(D) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(E) $8,000,000 shall remain available until expended for
offsetting the costs of training ship sharing.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program,
[[Page H9604]]
$600,000,000, which shall remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of which
$5,000,000 shall remain available until expended for
activities authorized under section 50307 of title 46, United
States Code.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag Merchant Marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $300,000,000, which shall
remain available until expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) of loan guarantees under the program, which
shall remain available until expended; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs under section
54101 of title 46, United States Code, $40,000,000, which
shall remain available until expended.
(9) For expenses necessary to implement the Port and
Intermodal Improvement Program, $500,000,000, except that no
funds shall be used for a grant award to purchase fully
automated cargo handling equipment that is remotely operated
or remotely monitored with or without the exercise of human
intervention or control, if the Secretary determines such
equipment would result in a net loss of jobs within a port or
port terminal.
SEC. 3502. REAUTHORIZATION OF MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title
46, United States Code, is amended by striking ``2025'' each
place it appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section
53104(a) of title 46, United States Code, is amended by
striking ``2025'' and inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``$3,700,000 for each
of fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,300,000 for each of fiscal years 2022, 2023, 2024, and
2025;''; and
(3) by adding at the end the following new subparagraphs:
``(D) $5,800,000 for each of fiscal years 2026, 2027, and
2028;
``(E) $6,300,000 for each of fiscal years 2029, 2030, and
2031; and
``(F) $6,800,000 for each of fiscal years 2032, 2033, 2034,
and 2035.''.
(d) Authorization of Appropriations.--Section 53111 of
title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and
inserting ``$318,000,000 for each of fiscal years 2022, 2023,
2024, and 2025;''; and
(3) by adding at the end the following new paragraphs:
``(4) $348,000,000 for each of fiscal years 2026, 2027, and
2028;
``(5) $378,000,000 for each of fiscal years 2029, 2030, and
2031; and
``(6) $408,000,000 for each of fiscal years 2032, 2033,
2034, and 2035.''.
SEC. 3503. MARITIME TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation may engage in the environmental study'' and
inserting ``The Secretary of Transportation, acting through
the Maritime Administrator, shall engage in the study'';
(2) in subsection (b)--
(A) by striking ``may--'' and all that follows through
``improvements by--'' and inserting ``shall identify, study,
evaluate, test, demonstrate, or improve emerging marine
technologies and practices to improve--'';
(B) by inserting before subparagraph (A) the following:
``(1) environmental performance to meet United States
Federal and international standards and guidelines,
including--'';
(C) in subparagraph (C), by striking ``species; and'' and
all that follows through the end of the subsection and
inserting ``species; or
``(D) reducing propeller cavitation; and
``(2) the efficiency and safety of domestic maritime
industries.''.
(3) in subsection (c)(2), by striking ``benefits'' and
inserting ``or other benefits to domestic maritime
industries''; and
(4) by adding at the end the following:
``(e) Limitations on the Use of Funds.--Not more than three
percent of the funds appropriated to carry out this section
may be used for administrative purposes.''.
SEC. 3504. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED
PREPARATORY SCHOOL.
Section 51303 of title 46, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Appointment of Candidates Selected for Preparatory
School Sponsorship.--The Secretary of Transportation may
appoint each year as cadets at the United States Merchant
Marine Academy not more than 40 qualified individuals
sponsored by the Academy to attend preparatory school during
the academic year prior to entrance in the Academy, and who
have successfully met the terms and conditions of sponsorship
set by the Academy.''.
SEC. 3505. GENERAL SUPPORT PROGRAM.
Section 51501 of title 46, United States Code, is amended
by adding at the end the following:
``(c) American Maritime Centers of Excellence.--The
Secretary shall designate each State maritime academy as an
American Maritime Center of Excellence.''.
SEC. 3506. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN
PROGRAM.
(a) Definitions.--Section 53701 of title 46, United States
Code, is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively; and
(3) by adding at the end the following:
``(15) Vessel of national interest.--The term `Vessel of
National Interest' means a vessel deemed to be of national
interest that meets characteristics determined by the
Administrator, in consultation with the Secretary of Defense,
the Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the
Department of the Navy, or the heads of other Federal
agencies, as described in section 53703(d).''.
(b) Preferred Lender.--Subsection (a) of section 53702 of
title 46, United States Code, is amended to read as follows:
``(a) In General.--
``(1) Guarantee of payments.--The Secretary or
Administrator, on terms the Secretary or Administrator may
prescribe, may guarantee or make a commitment to guarantee
the payment of the principal of and interest on an obligation
eligible to be guaranteed under this chapter. A guarantee or
commitment to guarantee shall cover 100 percent of the
principal and interest.
``(2) Preferred eligible lender.--The Federal Financing
Bank shall be the preferred eligible lender of the principal
and interest of the guaranteed obligations issued under this
chapter.''.
(c) Application and Administration.--Section 53703 of title
46, United States Code, is amended--
(1) in the section heading, by striking ``procedures'' and
inserting ``and administration''; and
(2) by adding at the end the following:
``(c) Independent Analysis.--
``(1) In general.--To assess and mitigate the risks due to
factors associated with markets, technology, financial, or
legal structures related to an application or guarantee under
this chapter, the Secretary or Administrator may utilize
third party experts, including legal counsel, to--
``(A) process and review applications under this chapter,
including conducting independent analysis and review of
aspects of an application;
``(B) represent the Secretary or Administrator in
structuring and documenting the obligation guarantee;
``(C) analyze and review aspects of, structure, and
document the obligation guarantee during the term of the
guarantee;
``(D) recommend financial covenants or financial ratios to
be met by the applicant during the time a guarantee under
this chapter is outstanding that are--
``(i) based on the financial covenants or financial ratios,
if any, that are then applicable to the obligor under private
sector credit agreements; and
``(ii) in lieu of other financial covenants applicable to
the obligor under this chapter with respect to requirements
regarding long-term debt-to-equity, minimum working capital,
or minimum amount of equity; and
``(E) represent the Secretary or Administrator to protect
the security interests of the Government relating to an
obligation guarantee.
``(2) Private sector expert.--Independent analysis, review,
and representation conducted under this subsection shall be
performed by a private sector expert in the applicable field
who is selected by the Secretary or Administrator.
``(d) Vessels of National Interest.--
``(1) Notice of funding.--The Secretary or Administrator
may post a notice in the Federal Register regarding the
availability of funding for obligation guarantees under this
chapter for the construction, reconstruction, or
reconditioning of a Vessel of National Interest and include a
timeline for the submission of applications for such vessels.
``(2) Vessel characteristics.--
``(A) In general.--The Secretary or Administrator, in
consultation with the Secretary of Defense, the Secretary of
the Department in which the Coast Guard is operating when it
is not operating as service in the Department of the Navy, or
the heads of other Federal agencies, shall develop and
publish a list of vessel types that would be considered
Vessels of National Interest.
``(B) Review.--Such list shall be reviewed and revised
every four years or as necessary, as determined by the
Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the follows through
``$850,000,000'' and inserting ``that amount, $850,000,000'';
and
(B) by striking ``facilities'' and all that follows through
the end of the subsection and inserting ``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
[[Page H9605]]
(B) by redesignating subparagraphs (B) through (K), as
subparagraphs (A) through (J), respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of
title 46, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by striking
``(including an eligible export vessel)'';
(B) in clause (iv) by inserting ``or'' after the semicolon;
(C) in clause (v), by striking ``; or'' and inserting a
period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and (B), Vessels of
National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46,
United States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46,
United States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case of'' and all that follows
through ``party''; and
(ii) by striking ``and'' after the semicolon; and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) documented under the laws of the United States for
the term of the guarantee of the obligation or until the
obligation is paid in full, whichever is sooner.''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and Provide
for the Financial Stability of the Obligor'' after
``Interests'';
(B) by striking ``provisions for the protection of'' and
inserting ``provisions, which shall include--
``(1) provisions for the protection of'';
(C) by striking ``, and other matters that the Secretary or
Administrator may prescribe.'' and inserting, ``; and''; and
(D) by adding at the end the following:
``(2) any other provisions that the Secretary or
Administrator may prescribe.''.
(h) Administrative Fees.--Section 53713 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``reasonable for--'' and inserting `` reasonable for
processing the application and monitoring the loan guarantee,
including for--'';
(B) in paragraph (4), by striking ``; and'' and inserting
``or a deposit fund under section 53716 of this title;'';
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) monitoring and providing services related to the
obligor's compliance with any terms related to the
obligations, the guarantee, or maintenance of the Secretary
or Administrator's security interests under this chapter.'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``under section 53708(d)
of this title'' and inserting ``under section 53703(c) of
this title'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and adjusting
the margins accordingly;
(C) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Fee limitation inapplicable.--Fees collected under
this subsection are not subject to the limitation of
subsection (b).''.
(i) Best Practices; Eligible Export Vessels.--Chapter 537
of title 46, United States Code, is further amended--
(1) in subchapter I, by adding at the end the following new
section:
``Sec. 53719. Best practices
``The Secretary or Administrator shall ensure that all
standard documents and agreements that relate to loan
guarantees made pursuant to this chapter are reviewed and
updated every four years to ensure that such documents and
agreements meet the current commercial best practices to the
extent permitted by law.''; and
(2) in subchapter III, by striking section 53732.
(j) Expedited Consideration of Low-risk Applications.--
(1) In general.--In accordance with the requirements of
this subsection, the Administrator shall establish an
administrative process and issue guidance for the expedited
consideration of low-risk applications submitted under
chapter 537 of title 46, United States Code.
(2) Stakeholder comment.--Not later than 180 days after the
date of enactment of this section, the Administrator of the
Maritime Administration shall publish in the Federal Register
a notice of a 45-day public comment period to request
stakeholder input and recommendations to establish the
administrative process required under this subsection,
including proposals to assist applicants--
(A) in the development and submission of initial
applications;
(B) in meeting requests for supplemental information made
by the Administrator; and
(C) to comply with other requirements made by the
Administrator to ensure the expedited consideration of
applications.
(3) Industry best practices.--The administrative process
established under this subsection shall utilize, to the
extent practicable, relevant Federal and industry best
practices found in the maritime and shipbuilding industries.
(4) Final guidance.--Not later than 90 days after the
conclusion of the public comment period required under
paragraph (2), the Administrator shall publish in the Federal
Register final guidance to assist applicants in the
preparation and filing of applications under this subsection.
(k) Congressional Notification.--
(1) Notification.--Not less than 60 days before
reorganizing or consolidating the activities or personnel
covered under chapter 537 of title 46, United States Code,
the Secretary of Transportation shall notify, in writing, the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the proposed
reorganization or consolidation.
(2) Contents.--Each notification under paragraph (1) shall
include an evaluation of, and justification for, the
reorganization or consolidation.
(l) Clerical Amendments.--The table of sections at the
beginning of chapter 537 of title 46, United States Code, is
amended--
(1) by inserting after the item relating to section 53718
the following new item:
``53719. Best practices.''; and
(2) by striking the item relating to section 53732.
SEC. 3507. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
(a) In General.--Section 54101(d) of title 46, United
States Code, is amended--
(1) by striking ``Grants awarded'' and inserting the
following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph (B), no funds
may be obligated by the Administrator of the Maritime
Administration under this section, unless each product and
material purchased with those funds (including products and
materials purchased by a grantee), and including any
commercially available off-the-shelf item, is--
``(i) an unmanufactured article, material, or supply that
has been mined or produced in the United States; or
``(ii) a manufactured article, material, or supply that has
been manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or
manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding subparagraph (A), the
requirements of that subparagraph shall not apply with
respect to a particular product or material if the
Administrator determines--
``(I) that the application of those requirements would be
inconsistent with the public interest;
``(II) that such product or material is not available in
the United States in sufficient and reasonably available
quantities, of a satisfactory quality, or on a timely basis;
or
``(III) that inclusion of a domestic product or material
will increase the cost of that product or material by more
than 25 percent, with respect to a certain contract between a
grantee and that grantee's supplier.
``(ii) Federal register.--A determination made by the
Administrator under this subparagraph shall be published in
the Federal Register.
``(C) Definitions.--ln this paragraph:
``(i) The term `commercially available off-the-shelf item'
means--
``(I) any item of supply (including construction material)
that is--
``(aa) a commercial item, as defined by section 2.101 of
title 48, Code of Federal Regulations (as in effect on the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2020); and
``(bb) sold in substantial quantities in the commercial
marketplace; and
``(II) does not include bulk cargo, as defined in section
40102(4) of this title, such as agricultural products and
petroleum products.
``(ii) The term `product or material' means an article,
material, or supply brought to the site by the recipient for
incorporation into the building, work, or project. The term
also includes an item brought to the site preassembled from
articles, materials, or supplies. However, emergency life
safety systems, such as emergency lighting, fire alarm, and
audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are
produced as complete systems, are evaluated as a single and
distinct construction material regardless of when or how the
individual parts or components of those systems are delivered
to the construction site.
``(iii) The term `United States' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.''.
(b) Authorization of Appropriations.--Section 54101(i) of
title 46, United States Code, is amended--
(1) by striking ``2018, 2019, and 2020'' and inserting
``2020 and 2021''; and
(2) by striking ``$35,000,000'' and inserting
``$40,000,000''.
(c) Notification of Committees of Certain Proposed
Obligations.--The first section of Public Law 85-804 (50
U.S.C. 1431) is amended, in the third sentence, by inserting
``and in addition, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate with respect to contracts, or modifications or
amendments to contracts, or advance payments proposed to be
made under this section by the Secretary of the Department in
which the Coast Guard is operating with respect to the
acquisition of Coast Guard cutters or aircraft,'' after
``House of Representatives''.
[[Page H9606]]
SEC. 3508. SALVAGE RECOVERIES OF CARGOES.
Section 57107 of title 46, United States Code, is amended
by adding at the end the following:
``(c) Salvaging Cargoes.--
``(1) Reimbursable agreements.--The Secretary of
Transportation, acting through the Administrator of the
Maritime Administration, may enter into reimbursable
agreements with other Federal entities to provide legal
services to such entities relating to the salvaging of
cargoes for which such entities have custody, or control, or
for which for such entities have trustee responsibilities
from vessels in the custody or control of the Maritime
Administration or its predecessor agencies. The Secretary may
receive and retain reimbursement from such entities for all
costs incurred related to the provision of such services.
``(2) Amounts received.--Amounts received as reimbursements
under this subsection shall be credited to the fund or
account that was used to cover the costs incurred by the
Secretary or, if the period of availability of obligations
for that appropriation has expired, to the appropriation of
funds that is currently available to the Secretary for
substantially the same purpose. Amounts so credited shall be
merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
``(3) Advance payments.--Payments made in advance shall be
for any part of the estimated cost as determined by the
Secretary of Transportation. Adjustments to the amounts paid
in advance shall be made as agreed to by the Secretary of
Transportation and the head of the ordering agency or unit
based on the actual cost of goods or services provided.''.
SEC. 3509. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF
VESSELS AND CARGOES.
(a) In General.--Chapter 571 of title 46, United States
Code, as amended by this title, is further amended by adding
at the end the following new section:
``SEC. 57111. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF
VESSELS AND CARGOES.
``(a) Salvage Agreements.--The Secretary of Transportation
is authorized to enter into marine salvage agreements for the
recoveries, sale, and disposal of sunken or damaged vessels,
cargoes, or properties owned or insured by or on behalf of
the Maritime Administration, the United States Shipping
Board, the U.S. Shipping Bureau, the United States Maritime
Commission, or the War Shipping Administration.
``(b) Military Craft.--The Secretary of Transportation
shall consult with the Secretary of the military department
concerned prior to engaging in or authorizing any activity
under subsection (a) that will disturb sunken military craft,
as such term is defined in section 1408(3) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 10 U.S.C. 113 note).
``(c) Recoveries.--Notwithstanding any other provision of
law, the net proceeds from salvage agreements entered into as
authorized in subsection (a) shall remain available until
expended and be distributed as follows:
``(1) Fifty percent shall be available to the Administrator
of the Maritime Administration for the payment or
reimbursement of expenses incurred by or on behalf of State
maritime academies or the United States Merchant Marine
Academy for facility and training ship maintenance, repair,
and modernization, and for the purchase of simulators and
fuel.
``(2) The remainder shall be distributed for maritime
heritage preservation to the Department of the Interior for
grants as authorized by section 308703 of title 54.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by this title, is
further amended by adding at the end the following new item:
``57111. Salvage recoveries for subrogated ownership of vessels and
cargoes.''.
SEC. 3510. MARITIME OCCUPATIONAL SAFETY AND HEALTH ADVISORY
COMMITTEE.
Section 7 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 656) is amended by adding at the end the
following:
``(d) There is established a Maritime Occupational Safety
and Health Advisory Committee, which shall be a continuing
body and shall provide advice to the Secretary in formulating
maritime industry standards and regarding matters pertaining
to the administration of this Act related to the maritime
industry. The composition of such advisory committee shall be
consistent with the advisory committees established under
subsection (b). A member of the advisory committee who is
otherwise qualified may continue to serve until a successor
is appointed. The Secretary may promulgate or amend
regulations as necessary to implement this subsection.''.
SEC. 3511. MILITARY TO MARINER.
(a) Credentialing Support.--Not later than one year after
the date of enactment of this title, the Secretary of
Defense, the Secretary of the Department in which the Coast
Guard is operating when it is not operating as a service in
the Department of the Navy, the Secretary of Commerce, and
the Secretary of Health and Human Services, with respect to
the applicable services in their respective departments, and
in coordination with one another and with the United States
Committee on the Marine Transportation System, and in
consultation with the Merchant Marine Personnel Advisory
Committee, shall, consistent with applicable law, identify
all training and experience within the applicable service
that may qualify for merchant mariner credentialing and
submit a list of all identified training and experience to
the United States Coast Guard National Maritime Center for a
determination of whether such training and experience counts
for credentialing purposes.
(b) Review of Applicable Service.--The United States Coast
Guard Commandant shall make a determination of whether
training and experience counts for credentialing purposes, as
described in subsection (a), not later than 6 months after
the date on which the United States Coast Guard National
Maritime Center receives a submission under subsection (a)
identifying a training or experience and requesting such a
determination.
(c) Fees and Services.--The Secretary of Defense, the
Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the
Department of the Navy, and the Secretary of Commerce, with
respect to the applicable services in their respective
departments, shall--
(1) take all necessary and appropriate actions to provide
for the waiver of fees through the National Maritime Center
license evaluation, issuance, and examination for members of
the uniformed services on active duty, if a waiver is
authorized and appropriate, and, if a waiver is not granted,
take all necessary and appropriate actions to provide for the
payment of fees for members of the uniformed services on
active duty by the applicable service to the fullest extent
permitted by law;
(2) direct the applicable services to take all necessary
and appropriate actions to provide for Transportation Worker
Identification Credential cards for members of the uniformed
services on active duty pursuing or possessing a mariner
credential, such as implementation of an equal exchange
process for members of the uniformed services on active duty
at no or minimal cost;
(3) ensure that members of the applicable services who are
to be discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the applicable services have developed, or
continue to operate, as appropriate, the online resource
known as Credentialing Opportunities On-Line to support
separating members of the uniformed services who are seeking
information and assistance on merchant mariner credentialing;
and
(5) not later than 1 year after the date of enactment of
this section, take all necessary and appropriate actions to
review and implement service-related medical certifications
to merchant mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer
Agencies.--
(1) In general.--The Secretary of Defense, the Secretary of
the Department in which the Coast Guard is operating when it
is not operating as a service in the Department of the Navy,
and the Secretary of Commerce shall have direct hiring
authority to employ separated members of the uniformed
services with valid merchant mariner licenses or sea service
experience in support of United States national maritime
needs, including the Army Corps of Engineers, U.S. Customs
and Border Protection, and the National Oceanic and
Atmospheric Administration.
(2) Appointments of retired members of the armed forces.--
Except in the case of positions in the Senior Executive
Service, the requirements of section 3326(b) of title 5,
United States Code, shall not apply with respect to the
hiring of a separated member of the uniformed services under
paragraph (1).
(e) Separated Member of the Uniformed Services.--In this
section, the term ``separated member of the uniformed
services'' means an individual who--
(1) is retiring or is retired as a member of the uniformed
services;
(2) is voluntarily separating or voluntarily separated from
the uniformed services at the end of enlistment or service
obligation; or
(3) is administratively separating or has administratively
separated from the uniformed services with an honorable or
general discharge characterization.
SEC. 3512. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL
REPORT.
The Inspector General of the Department of Transportation
shall--
(1) not later than 180 days after the date of enactment of
this title, initiate an audit of the Maritime
Administration's actions to address only those
recommendations from Chapter 3 and recommendations 5-1, 5-2,
5-3, 5-4, 5-5, and 5-6 identified by a National Academy of
Public Administration panel in the November 2017 report
entitled ``Maritime Administration: Defining its Mission,
Aligning its Programs, and Meeting its Objectives''; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the results of that audit
once the audit is completed.
SEC. 3513. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation
shall seek to enter into an agreement with the National
Academy of Public Administration (referred to in this section
as the ``Academy'') to carry out the activities described in
this section.
(b) Study Elements.--In accordance with the agreement
described in subsection (a), the Academy shall conduct a
study of the United States Merchant Marine Academy that
consists of the following:
(1) A comprehensive assessment of the United States
Merchant Marine Academy's systems, training, facilities,
infrastructure, information technology, and stakeholder
engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine
Academy keep pace with more modern campuses.
[[Page H9607]]
(3) Development of an action plan for the United States
Merchant Marine Academy with specific recommendations for--
(A) improvements or updates relating to the opportunities
described in paragraph (2); and
(B) systemic changes needed to help the United States
Merchant Marine Academy achieve its mission of inspiring and
educating the next generation of the mariner workforce on a
long-term basis.
(c) Deadline and Report.--Not later than 1 year after the
date of the agreement described in subsection (a), the
Academy shall prepare and submit to the Administrator of the
Maritime Administration a report containing the action plan
described in subsection (b)(3), including specific findings
and recommendations.
SEC. 3514. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Ports
Improvement Act''.
(b) Port and Intermodal Improvement Program.--Section 50302
of title 46, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the availability of
appropriations, the Secretary of Transportation shall make
grants, on a competitive basis, to eligible applicants to
assist in funding eligible projects for the purpose of
improving the safety, efficiency, or reliability of the
movement of goods through ports and intermodal connections to
ports.
``(2) Eligible applicant.--The Secretary may make a grant
under this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State, or a local
government.
``(C) A public agency or publicly chartered authority
established by 1 or more States.
``(D) A special purpose district with a transportation
function.
``(E) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization), or a
consortium of Indian Tribes.
``(F) A multistate or multijurisdictional group of entities
described in this paragraph.
``(G) A lead entity described in subparagraph (A), (B),
(C), (D), (E), or (F) jointly with a private entity or group
of private entities.
``(3) Eligible projects.--The Secretary may make a grant
under this subsection--
``(A) for a project, or package of projects, that--
``(i) is either--
``(I) within the boundary of a port; or
``(II) outside the boundary of a port, but is directly
related to port operations or to an intermodal connection to
a port; and
``(ii) will be used to improve the safety, efficiency, or
reliability of--
``(I) the loading and unloading of goods at the port, such
as for marine terminal equipment;
``(II) the movement of goods into, out of, around, or
within a port, such as for highway or rail infrastructure,
intermodal facilities, freight intelligent transportation
systems, and digital infrastructure systems; or
``(III) environmental mitigation measures and operational
improvements directly related to enhancing the efficiency of
ports and intermodal connections to ports; or
``(B) notwithstanding paragraph (6)(A)(v), to provide
financial assistance to 1 or more projects under subparagraph
(A) for development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, and preliminary engineering and design
work.
``(4) Prohibited uses.--A grant award under this subsection
may not be used--
``(A) to finance or refinance the construction,
reconstruction, reconditioning, or purchase of a vessel that
is eligible for such assistance under chapter 537, unless the
Secretary determines such vessel--
``(i) is necessary for a project described in paragraph
(3)(A)(ii)(III) of this subsection; and
``(ii) is not receiving assistance under chapter 537; or
``(B) for any project within a small shipyard (as defined
in section 54101).
``(5) Applications and process.--
``(A) Applications.--To be eligible for a grant under this
subsection, an eligible applicant shall submit to the
Secretary an application in such form, at such time, and
containing such information as the Secretary considers
appropriate.
``(B) Solicitation process.--Not later than 60 days after
the date that amounts are made available for grants under
this subsection for a fiscal year, the Secretary shall
solicit grant applications for eligible projects in
accordance with this subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select a project
described in paragraph (3) for funding under this subsection
if the Secretary determines that--
``(i) the project improves the safety, efficiency, or
reliability of the movement of goods through a port or
intermodal connection to a port;
``(ii) the project is cost effective;
``(iii) the eligible applicant has authority to carry out
the project;
``(iv) the eligible applicant has sufficient funding
available to meet the matching requirements under paragraph
(8);
``(v) the project will be completed without unreasonable
delay; and
``(vi) the project cannot be easily and efficiently
completed without Federal funding or financial assistance
available to the project sponsor.
``(B) Additional considerations.--In selecting projects
described in paragraph (3) for funding under this subsection,
the Secretary shall give substantial weight to--
``(i) the utilization of non-Federal contributions; and
``(ii) the net benefits of the funds awarded under this
subsection, considering the cost-benefit analysis of the
project, as applicable.
``(C) Small projects.--The Secretary may waive the cost-
benefit analysis under subparagraph (A)(ii), and establish a
simplified, alternative basis for determining whether a
project is cost effective, for a small project described in
paragraph (7)(B).
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more than 25 percent of
the amounts made available for grants under this subsection
for a fiscal year may be used to make grants for projects in
any 1 State.
``(B) Small projects.--The Secretary shall reserve 25
percent of the amounts made available for grants under this
subsection each fiscal year to make grants for eligible
projects described in paragraph (3)(A) that request the
lesser of--
``(i) 10 percent of the amounts made available for grants
under this subsection for a fiscal year; or
``(ii) $10,000,000.
``(C) Development phase activities.--Not more than 10
percent of the amounts made available for grants under this
subsection for a fiscal year may be used to make grants for
development phase activities under paragraph (3)(B).
``(8) Federal share of total project costs.--
``(A) Total project costs.--To be eligible for a grant
under this subsection, an eligible applicant shall submit to
the Secretary an estimate of the total costs of a project
under this subsection based on the best available
information, including any available engineering studies,
studies of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(B) Federal share.--
``(i) In general.--Except as provided in clause (ii), the
Federal share of the total costs of a project under this
subsection shall not exceed 80 percent.
``(ii) Rural areas.--The Secretary may increase the Federal
share of costs above 80 percent for a project located in a
rural area.
``(9) Procedural safeguards.--The Secretary shall issue
guidelines to establish appropriate accounting, reporting,
and review procedures to ensure that--
``(A) grant funds are used for the purposes for which those
funds were made available;
``(B) each grantee properly accounts for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(10) Grant conditions.--
``(A) In general.--The Secretary shall require as a
condition of making a grant under this subsection that a
grantee--
``(i) maintain such records as the Secretary considers
necessary;
``(ii) make the records described in clause (i) available
for review and audit by the Secretary; and
``(iii) periodically report to the Secretary such
information as the Secretary considers necessary to assess
progress.
``(B) Additional requirement.--The Secretary shall apply
the same requirements of section 117(k) of title 23, United
States Code, to a port project assisted in whole or in part
under this section as the Secretary does a port-related
freight project under section 117 of title 23, United States
Code.
``(C) Construction, repair, or alteration of vessels.--With
regard to the construction, repair, or alteration of vessels,
the same requirements of section 117(k) of title 23, United
States Code, shall apply regardless of whether the location
of contract performance is known when bids for such work are
solicited.
``(11) Administration.--
``(A) Administrative and oversight costs.--The Secretary
may retain not more than 2 percent of the amounts
appropriated for each fiscal year under this subsection for
the administrative and oversight costs incurred by the
Secretary to carry out this subsection.
``(B) Availability.--
``(i) In general.--Amounts appropriated for carrying out
this subsection shall remain available until expended.
``(ii) Unexpended funds.--Amounts awarded as a grant under
this subsection that are not expended by the grantee during
the 5-year period following the date of the award shall
remain available to the Secretary for use for grants under
this subsection in a subsequent fiscal year.
``(12) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Transportation and Infrastructure
of the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) any port on the navigable waters of the United
States; and
``(ii) any harbor, marine terminal, or other shore side
facility used principally for the movement of goods on inland
waters.
``(C) Project.--The term `project' includes construction,
reconstruction, environmental rehabilitation, acquisition of
property, including land related to the project and
improvements to the land, equipment acquisition, and
operational improvements.
``(D) Rural area.--The term `rural area' means an area that
is outside an urbanized area.
``(d) Additional Authority of the Secretary.--In carrying
out this section, the Secretary may--
[[Page H9608]]
``(1) coordinate with other Federal agencies to expedite
the process established under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the
improvement of port facilities to improve the efficiency of
the transportation system, to increase port security, or to
provide greater access to port facilities;
``(2) seek to coordinate all reviews or requirements with
appropriate Federal, State, and local agencies; and
``(3) in addition to any financial assistance provided
under subsection (c), provide such technical assistance to
port authorities or commissions or their subdivisions and
agents.''.
(c) Savings Clause.--A repeal made by subsection (b) of
this section shall not affect amounts apportioned or
allocated before the effective date of the repeal. Such
apportioned or allocated funds shall continue to be subject
to the requirements to which the funds were subject under--
(1) section 50302(c) of title 46, United States Code, as in
effect on the day before the date of enactment of this title;
(2) section 9008 of the SAFETEA-LU Act (Public Law 109-59;
119 Stat. 1926);
(3) section 10205 of the SAFETEA-LU Act (Public Law 109-59;
119 Stat. 1934); and
(4) section 3512 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r).
(d) Remedial Actions.--Section 533 of the Coast Guard
Authorization Act of 2016 (Public Law 114-120; 130 Stat. 74)
is amended by adding at the end the following:
``(f) Remedial Actions.--For purposes of the conveyances
under this section, the remedial actions required under
section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h))
may be completed by the United States Coast Guard after the
date of such conveyance and a deed entered into for such
conveyance shall include a clause granting the United States
Coast Guard access to the property in any case in which
remedial action or corrective action is found to be necessary
after the date of such conveyance.''.
(e) Environmental Compliance.--Section 534(a) of the Coast
Guard Authorization Act of 2016 (Public Law 114-120; 42
U.S.C. 9620 note) is amended--
(1) by striking ``Nothing'' and inserting ``After the date
on which the Secretary of the Interior conveys land under
section 533 of this Act, nothing''; and
(2) by inserting ``, with respect to contaminants on such
land prior to the date on which the land is conveyed'' before
the period.
SEC. 3515. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Secretary of Defense shall
submit to the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate a report on port facilities used for military purposes
at ports designated by the Department of Defense as strategic
seaports.
(b) Elements.--The report required by subsection (a) shall
include, with respect to port facilities included in the
report, the following:
(1) An assessment of whether there are structural integrity
or other deficiencies in such facilities.
(2) If there are such deficiencies--
(A) an assessment of infrastructure improvements to such
facilities that would be needed to meet, directly or
indirectly, national security and readiness requirements;
(B) an assessment of the impact on operational readiness of
the Armed Forces if such improvements are not undertaken; and
(C) an identification of, to the maximum extent practical,
all potential funding sources for such improvements from
existing authorities.
(3) An identification of the support that would be
appropriate for the Department of Defense to provide in the
execution of the responsibilities of the Secretary of
Transportation under section 50302 of title 46, United States
Code, with respect to such facilities.
(4) If additional statutory or administrative authorities
would be required for the provision of support as described
in paragraph (3), recommendations for legislative or
administrative action to establish such authorities.
(c) Consultation.--The Secretary of Defense shall prepare
the report required by subsection (a) in consultation with
the Maritime Administrator and the individual responsible for
each port facility described in such subsection.
SEC. 3516. TECHNICAL CORRECTIONS.
(a) Office of Personnel Management Guidance.--Not later
than 120 days after the date of the enactment of this title,
the Director of the Office of Personnel Management, in
consultation with the Administrator of the Maritime
Administration, shall identify key skills and competencies
necessary to maintain a balance of expertise in merchant
marine seagoing service and strategic sealift military
service in each of the following positions within the Office
of the Commandant of the Merchant Marine Academy:
(1) Commandant.
(2) Deputy Commandant.
(3) Tactical company officers.
(4) Regimental officers.
(b) Sea Year Compliance.--Section 3514(a)(1)(A) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 46 U.S.C. 51318 note) is amended by
inserting ``domestic and international'' after ``critera
that''
SEC. 3517. UNITED STATES MERCHANT MARINE ACADEMY SEXUAL
ASSAULT PREVENTION AND RESPONSE PROGRAM.
(a) Implementation of Recommendations.--The Secretary of
Transportation shall ensure that, not later than 180 days
after the date of the enactment of this title, the
recommendations in report of the Inspector General of the
Department of Transportation on the effectiveness sexual
assault prevention and response program of the United States
Merchant Marine Academy (mandated under section 3512 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2786)), are fully implemented.
(b) Report.--Not later than 180 days after the date of the
enactment of this title, the Secretary of Transportation
shall submit to Congress a report that includes--
(1) confirmation that the recommendations described in
subsection (a) have been fully implemented, and explaining
how those recommendations have been implemented; or
(2) if such recommendations have not been fully implemented
as of the date of the report, an explanation of why such
recommendations have not been fully implemented and a
description of the resources that are needed to fully
implement such recommendations.
SEC. 3518. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY
INFRASTRUCTURE.
(a) In General.--Not later than six months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Natural Resources of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the need for vessels documented
under chapter 121 of title 46, United States Code, to
install, operate, and maintain emerging offshore energy
infrastructure, including offshore wind energy.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an inventory of vessels documented under chapter 121 of
title 46, United States Code, (including existing vessels and
vessels that have the potential to be refurbished) to
install, operate, and maintain such emerging offshore energy
infrastructure;
(2) a projection of existing vessels needed to meet such
emerging offshore energy needs over the next 10 years;
(3) a summary of actions taken or proposed by offshore
energy developers and producers, the United States domestic
shipbuilding industry, and United States coastwise qualified
operators to ensure sufficient vessel capacity in compliance
with United States coastwise laws; and
(4) a description of the potential benefits to the United
States maritime and shipbuilding industries and to the United
States economy associated with the use of United States
coastwise qualified vessels to support offshore energy
development and production.
SEC. 3519. REPORT ON UNITED STATES FLAGGED FUEL TANKER VESSEL
CAPACITY.
(a) Report Required.--Concurrent with the budget of the
President for fiscal year 2021, as submitted to Congress
under section 1105 of title 31, United States Code, the
Secretary of Defense shall, in consultation with the
Secretary of Transportation, submit to the appropriate
committees of Congress a report on the capabilities of the
United States to maintain adequate United States-flagged fuel
tanker vessel capacity to support the full range of
anticipated military operations over each period as follows:
(1) In 2020.
(2) Between 2020 and 2025.
(3) Between 2020 and 2030.
(b) Elements.--The report required by subsection (a) shall
include, for each period specified in that subsection, the
following:
(1) A description of current and projected United States-
flagged fuel tanker vessel capacity.
(2) A description of current and projected United States
military needs for United States-flagged fuel tanker vessel
capacity, including the most stressing peacetime and wartime
requirements.
(3) A description and assessment of the number of foreign-
flagged tanker vessels required to address United States
military needs described pursuant to paragraph (2), including
the most stressing peacetime and wartime requirements.
(4) An identification and assessment of any gaps in the
capacity described pursuant to paragraph (1) to meet the
United States military needs described pursuant to paragraph
(2), including quantities of tanker vessels, as well as an
assessment of the risk to military objectives due to reliance
on foreign-flagged tanker vessels described pursuant to
paragraph (3).
(5) A description and assessment of options to address the
gaps identified pursuant to paragraph (4), including the
establishment of a program for United States-flagged fuel
tanker vessels modeled on the Maritime Security Program.
(6) Such recommendations as the Secretary of Defense
considers appropriate in light of the matters set forth in
the report.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Armed Services of the House of
Representatives.
(2) The term ``Maritime Security Program'' means the
program in connection with the Maritime Security Fleet under
chapter 531 of title 46, United States Code.
Subtitle B--Cable Security Fleet
SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET.
(a) In General.--Title 46, United States Code, is amended
by inserting before chapter 533 the following new chapter:
[[Page H9609]]
``CHAPTER 532--CABLE SECURITY FLEET
``Sec.
``53201. Definitions.
``53202. Establishment of the Cable Security Fleet.
``53203. Award of operating agreements.
``53204. Effectiveness of operating agreements.
``53205. Obligations and rights under operating agreements.
``53206. Payments.
``53207. National security requirements.
``53208. Regulatory relief.
``53209. Authorization of appropriations.
``Sec. 53201. Definitions
``In this chapter:
``(1) Cable services.--The term `cable services' means the
installation, maintenance, or repair of submarine cables and
related equipment, and related cable vessel operations.
``(2) Cable vessel.--The term `cable vessel' means a
vessel--
``(A) classed as a cable ship or cable vessel by, and
designed in accordance with the rules of, the American Bureau
of Shipping, or another classification society accepted by
the Secretary; and
``(B) capable of installing, maintaining, and repairing
submarine cables.
``(3) Cable fleet.--The term `Cable Fleet' means the Cable
Security Fleet established under section 53202(a).
``(4) Contingency agreement.--The term `Contingency
Agreement' means the agreement required by section 53207.
``(5) Contractor.--The term `Contractor' means an owner or
operator of a vessel that enters into an Operating Agreement
for a cable vessel with the Secretary under section 53203.
``(6) Fiscal year.--The term `fiscal year' means any annual
period beginning on October 1 and ending on September 30.
``(7) Operating agency.--The term `Operating Agency' means
that agency or component of the Department of Defense so
designated by the Secretary of Defense under this chapter.
``(8) Operating agreement or agreement.--The terms
`Operating Agreement' or `Agreement' mean the agreement
required by section 53203.
``(9) Person.--The term `person' includes corporations,
partnerships, and associations existing under or authorized
by the laws of the United States, or any State, Territory,
District, or possession thereof, or of any foreign country.
``(10) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(11) United states.--The term `United States' includes
the States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
``(12) United states citizen trust.--
``(A) Subject to paragraph (C), the term `United States
citizen trust' means a trust that is qualified under this
paragraph.
``(B) A trust is qualified under this paragraph with
respect to a vessel only if--
``(i) it was created under the laws of a state of the
United States;
``(ii) each of the trustees is a citizen of the United
States; and
``(iii) the application for documentation of the vessel
under chapter 121 of this title includes the affidavit of
each trustee stating that the trustee is not aware of any
reason involving a beneficiary of the trust that is not a
citizen of the United States, or involving any other person
that is not a citizen of the United States, as a result of
which the beneficiary or other person would hold more than 25
percent of the aggregate power to influence, or limit the
exercise of the authority of, the trustee with respect to
matters involving any ownership or operation of the vessel
that may adversely affect the interests of the United States.
``(C) If any person that is not a citizen of the United
States has authority to direct, or participate in directing,
the trustee for a trust in matters involving any ownership or
operation of the vessel that may adversely affect the
interests of the United States or in removing a trustee for a
trust without cause, either directly or indirectly through
the control of another person, the trust is not qualified
under this paragraph unless the trust instrument provides
that persons who are not citizens of the United States may
not hold more than 25 percent of the aggregate authority to
direct or remove a trustee.
``(D) This paragraph shall not be considered to prohibit a
person who is not a citizen of the United States from holding
more than 25 percent of the beneficial interest in a trust.
``Sec. 53202. Establishment of the Cable Security Fleet
``(a) In General.--(1) The Secretary, in consultation with
the Operating Agency, shall establish a fleet of active,
commercially viable, cable vessels to meet national security
requirements. The fleet shall consist of privately owned,
United States-documented cable vessels for which there are in
effect Operating Agreements under this chapter, and shall be
known as the Cable Security Fleet.
``(2) The Fleet described under this section shall include
two vessels.
``(b) Vessel Eligibility.--A cable vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in commercial service
providing cable services;
``(3) the vessel is 40 years of age or less on the date the
vessel is included in the Fleet;
``(4) the vessel is--
``(A) determined by the Operating Agency to be suitable for
engaging in cable services by the United States in the
interest of national security; and
``(B) determined by the Secretary to be commercially
viable, whether independently or taking any payments which
are the consequence of participation in the Cable Fleet into
account; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel, but--
``(i) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 of this title if
it is included in the Cable Fleet; and
``(ii) at the time an Operating Agreement is entered into
under this chapter, the vessel is eligible for documentation
under chapter 121 of this title.
``(c) Requirements Regarding Citizenship of Owners and
Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an Operating Agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by one or more persons that are citizens of the
United states under section 50501 of this title.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation
citizen.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an Operating Agreement under
this chapter that applies to the vessel, the vessel will be--
``(i) owned by a person that is a citizen of the United
States under section 50501 of this title or that is a United
States citizen trust; and
``(ii) demise chartered to and operated by a person--
``(I) that is eligible to document the vessel under chapter
121 of this title;
``(II) the chairman of the board of directors, chief
executive officer, and a majority of the members of the board
of directors of which are citizens of the United States under
section 50501 of this title, and are appointed and subject to
removal only upon approval by the Secretary; and
``(III) that certifies to the Secretary that there are no
treaties, statutes, regulations, or other laws that would
prohibit the Contractor for the vessel from performing its
obligations under an Operating Agreement under this chapter;
``(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person
that is not a citizen of the United States under section
50501 of this title, the other person enters into an
agreement with the Secretary not to influence the operation
of the vessel in a manner that will adversely affect the
interests of the United States; and
``(C) the Secretary and the Operating Agency notify the
Committee on Armed Services and the Committee on Commerce,
Science and Transportation of the Senate, and the Committee
on Armed Services of the House of Representatives that they
concur, and have reviewed the certification required under
subparagraph (A)(ii)(III) and determined that there are no
legal, operational, or other impediments that would prohibit
the Contractor for the vessel from performing its obligations
under an Operating Agreement under this chapter.
``(3) Vessel owned and operated by a defense contractor.--A
vessel meets the requirements of this paragraph if--
``(A) during the period of an Operating Agreement under
this chapter that applies to the vessel, the vessel will be
owned and operated by a person that--
``(i) is eligible to document a vessel under chapter 121 of
this title;
``(ii) operates or manages other United States-documented
vessels for the Secretary of Defense, or charters other
vessels to the Secretary of Defense;
``(iii) has entered into a special security agreement for
purposes of this paragraph with the Secretary of Defense;
``(iv) makes the certification described in paragraph
(2)(A)(ii)(III); and
``(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
paragraph; and
``(B) the Secretary and the Secretary of Defense notify the
Committee on Armed Services and Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Armed Services of the House of Representatives that they
have reviewed the certification required by subparagraph
(A)(iv) and determined that there are no other legal,
operational, or other impediments that would prohibit the
Contractor for the vessel from performing its obligations
under an Operating Agreement under this chapter.
``(4) Vessel owned by a documentation citizen and chartered
to a section 50501 citizen.--A vessel meets the requirements
of this paragraph if, during the period of an Operating
Agreement under this chapter that applies to the vessel, the
vessel will be--
``(A) owned by a person that is eligible to document a
vessel under chapter 121 of this title; and
``(B) demise chartered to a person that is a citizen of the
United States under section 50501 of this title.
``(d) Vessel Standards.--
``(1) Certificate of inspection.--A cable vessel which the
Secretary of the Department in which the Coast Guard is
operating determines meets the criteria of subsection (b) of
this section but which, on the date of enactment of the Act,
is not documented under chapter 121 of this title, shall be
eligible for a certificate of inspection if that Secretary
determines that--
``(A) the vessel is classed by, and designed in accordance
with the rules of, the American Bureau of Shipping, or
another classification society accepted by that Secretary;
``(B) the vessel complies with applicable international
agreements and associated guidelines,
[[Page H9610]]
as determined by the country in which the vessel was
documented immediately before becoming documented under
chapter 121; and
``(C) that country has not been identified by that
Secretary as inadequately enforcing international vessel
regulations as to that vessel.
``(2) Continued eligibility for certificate.--Paragraph (1)
does not apply to a vessel after any date on which the vessel
fails to comply with the applicable international agreements
and associated guidelines referred to in paragraph (1)(B).
``(3) Reliance on classification society.--
``(A) In general.--The Secretary of the Department in which
the Coast Guard is operating may rely on a certification from
the American Bureau of Shipping or, subject to subparagraph
(B), another classification society accepted by that
Secretary to establish that a vessel is in compliance with
the requirements of paragraphs (1) and (2).
``(B) Foreign classification society.--The Secretary of the
Department in which the Coast Guard is operating may accept
certification from a foreign classification society under
subparagraph (A) only--
``(i) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
``(ii) if the foreign classification society has offices
and maintains records in the United States.
``(e) Waiver of Age Registration.--The Secretary, in
conjunction with the Operating Agency, may waive the
application of the age restriction under subsection (b)(3) if
they jointly determine that the waiver--
``(1) is in the national interest;
``(2) the subject cable vessel and any associated operating
network is and will continue to be economically viable; and
``(3) is necessary due to the lack of availability of other
vessels and operators that comply with the requirements of
this chapter.
``Sec. 53203. Award of operating agreements
``(a) In General.--The Secretary shall require, as a
condition of including any vessel in the Cable Fleet, that
the person that is the owner or operator of the vessel for
purposes of section 53202(c) enter into an Operating
Agreement with the Secretary under this section.
``(b) Procedure for Applications.--
``(1) Acceptance of applications.--Beginning no later than
60 days after the effective date of this chapter, the
Secretary shall accept applications for enrollment of vessels
in the Cable Fleet.
``(2) Action on applications.--Within 120 days after
receipt of an application for enrollment of a vessel in the
Cable Fleet, the Secretary shall approve the application in
conjunction with the Operating Agency, and shall enter into
an Operating Agreement with the applicant, or provide in
writing the reason for denial of that application.
``(c) Priority for Awarding Agreements.--Subject to the
availability of appropriations, the Secretary shall enter
into Operating Agreements with those vessels determined by
the Operating Agency, in its sole discretion, to best meet
the national security requirements of the United States.
After consideration of national security requirements,
priority shall be given to an applicant that is a United
States citizen under section 50501 of this title.
``Sec. 53204. Effectiveness of operating agreements
``(a) Effectiveness Generally.--The Secretary may enter
into an Operating Agreement under this chapter for fiscal
year 2021. Except as provided in subsection (d), the
agreement shall be effective only for one fiscal year, but
shall be renewable, subject to available appropriations, for
each subsequent year.
``(b) Vessels Under Charter to the United States.--Vessels
under charter to the United States are eligible to receive
payments pursuant to their Operating Agreements.
``(c) Termination.--
``(1) Termination by the secretary.--If the Contractor with
respect to an Operating Agreement materially fails to comply
with the terms of the Agreement--
``(A) the Secretary shall notify the Contractor and provide
a reasonable opportunity for it to comply with the Operating
Agreement;
``(B) the Secretary shall terminate the Operating Agreement
if the Contractor fails to achieve such compliance; and
``(C) upon such termination, any funds obligated by the
Agreement shall be available to the Secretary to carry out
this chapter.
``(2) Early termination by a contractor.--An Operating
Agreement under this chapter shall terminate on a date
specified by the Contractor if the Contractor notifies the
Secretary, not fewer than 60 days prior to the effective date
of the termination, that the Contractor intends to terminate
the Agreement.
``(d) Nonrenewal for Lack of Funds.--If, by the first day
of a fiscal year, sufficient funds have not been appropriated
under the authority provided by this chapter for that fiscal
year for all Operating Agreements, then the Secretary shall
notify the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services of the House of Representatives
that Operating Agreements authorized under this chapter for
which sufficient funds are not available will not be renewed
for that fiscal year if sufficient funds are not appropriated
by the 60th day of that fiscal year. If only partial funding
is appropriated by the 60th day of such fiscal year, then the
Secretary, in consultation with the Operating Agency, shall
select the vessels to retain under Operating Agreements,
based on their determinations of which vessels are most
useful for national security. In the event that no funds are
appropriated, then no Operating Agreements shall be renewed
and each Contractor shall be released from its obligations
under the Operating Agreement. Final payments under an
Operating Agreement that is not renewed shall be made in
accordance with section 53206. To the extent that sufficient
funds are appropriated in a subsequent fiscal year, an
Operating Agreement that has not been renewed pursuant to
this subsection may be reinstated if mutually acceptable to
the Secretary, in consultation with the Operating Agency, and
the Contractor, provided the vessel remains eligible for
participation pursuant to section 53202, without regard to
subsection 53202 (b)(3).
``(e) Release of Vessels From Obligations.--If funds are
not appropriated for payments under an Operating Agreement
under this chapter for any fiscal year by the 60th day of a
fiscal year, and the Secretary, in consultation with the
Operating Agency determines to not renew a Contractor's
Operating Agreement for a vessel, then--
``(1) each vessel covered by the Operating Agreement that
is not renewed is thereby released from any further
obligation under the Operating Agreement;
``(2) the owner or operator of the vessel whose Operating
Agreement was not renewed may transfer and register such
vessel under a foreign registry that is acceptable to the
Secretary and the Operating Agency, notwithstanding section
56101 of this title; and
``(3) if chapter 563 of this title is applicable to such
vessel after registration, then the vessel is available to be
requisitioned by the Secretary pursuant to chapter 563.
``Sec. 53205. Obligations and rights under operating
agreements
``(a) Operation of Vessel.--An Operating Agreement under
this chapter shall require that, during the period the vessel
is operating under the Agreement, the vessel--
``(1) shall be operated in the trade for Cable Services, or
under a charter to the United States; and
``(2) shall be documented under chapter 121 of this title.
``(b) Annual Payments by the Secretary.--
``(1) In general.--An Operating Agreement under this
chapter shall require, subject to the availability of
appropriations, that the Secretary make payment to the
Contractor in accordance with section 53206.
``(2) Operating agreement is an obligation of the united
states government.--An Operating Agreement under this chapter
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the Operating
Agreement to the extent of actual appropriations.
``(c) Documentation Requirement.--Each vessel covered by an
Operating Agreement (including an Agreement terminated under
section 53204(c)(2)) shall remain documented under chapter
121 of this title, until the date the Operating Agreement
would terminate according to its own terms.
``(d) National Security Requirements.--
``(1) In general.--A Contractor with respect to an
Operating Agreement (including an Agreement terminated under
section 53204(c)(2)) shall continue to be bound by the
provisions of section 53207 until the date the Operating
Agreement would terminate according to its terms.
``(2) Contingency agreement with operating agency.--All
terms and conditions of a Contingency Agreement entered into
under section 53207 shall remain in effect until a date the
Operating Agreement would terminate according to its terms,
except that the terms of such Contingency Agreement may be
modified by the mutual consent of the Contractor, and the
Operating Agency.
``(e) Transfer of Operating Agreements.--Operating
Agreements shall not be transferrable by the Contractor.
``(f) Replacement Vessel.--A Contractor may replace a
vessel under an Operating Agreement with another vessel that
is eligible to be included in the Fleet under section
53202(b), if the Secretary and the Operating Agency jointly
determine that the replacement vessel meets national security
requirements and approve the replacement.
``Sec. 53206. Payments
``(a) Annual Payment.--
``(1) In general.--The Secretary, subject to availability
of appropriations and other provisions of this section, shall
pay to the Contractor for an operating agreement, for each
vessel that is covered by the operating agreement, an amount
equal to $5,000,000 for each fiscal year 2021 through 2035.
``(2) Timing.--This amount shall be paid in equal monthly
installments at the end of each month. The amount shall not
be reduced except as provided by this section.
``(b) Certification Required for Payment.--As a condition
of receiving payment under this section for a fiscal year for
a vessel, the Contractor for the vessel shall certify that
the vessel has been and will be operated in accordance with
section 53205(a)(1) for 365 days in each fiscal year. Up to
thirty (30) days during which the vessel is drydocked,
surveyed, inspected, or repaired shall be considered days of
operation for purposes of this subsection.
``(c) General Limitations.--The Secretary shall not make
any payment under this chapter for a vessel with respect to
any days for which the vessel is--
``(1) not operated or maintained in accordance with an
Operating Agreement under this chapter; or
``(2) more than 40 years of age.
``(d) Reductions in Payments.--With respect to payments
under this chapter for a vessel covered by an Operating
Agreement, the Secretary shall make a pro rata reduction for
each day
[[Page H9611]]
less than 365 in a fiscal year that the vessel is not
operated in accordance with section 53205(a)(1), with days
during which the vessel is drydocked or undergoing survey,
inspection or repair to be considered days on which the
vessel is operated as provided in subsection (b).
``Sec. 53207. National security requirements
``(a) Contingency Agreement Required.--The Secretary shall
include in each Operating Agreement under this chapter a
requirement that the Contractor enter into a Contingency
Agreement with the Operating Agency. The Operating Agency
shall negotiate and enter into a Contingency Agreement with
each Contractor as promptly as practicable after the
Contractor has entered into an Operating Agreement under this
chapter.
``(b) Terms of Contingency Agreement.--
``(1) In general.--A Contingency Agreement under this
section shall require that a Contractor for a vessel covered
by an Operating Agreement under this chapter make the vessel,
including all necessary resources to engage in Cable Services
required by the Operating Agency, available upon request by
the Operating Agency.
``(2) Terms.--
``(A) In general.--The basic terms of a Contingency
Agreement shall be established (subject to subparagraph (B))
by the Operating Agency.
``(B) Additional terms.--The Operating Agency and a
Contractor may agree to additional or modifying terms
appropriate to the Contractor's circumstances.
``(c) Defense Measures Against Unauthorized Seizures.--(1)
The Contingency Agreement shall require that any vessel
operating under the direction of the Operating Agency
operating in area that is designated by the Coast Guard as an
area of high risk of piracy shall be equipped with, at a
minimum, appropriate non-lethal defense measures to protect
the vessel and crew from unauthorized seizure at sea.
``(2) The Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating shall
jointly prescribe the non-lethal defense measures that are
required under this paragraph.
``(d) Participation After Expiration of Operating
Agreement.--Except as provided by section 53205(d), the
Operating Agency may not require, through a Contingency
Agreement or an Operating Agreement, that a Contractor
continue to participate in a Contingency Agreement after the
Operating Agreement with the Contractor has expired according
to its terms or is otherwise no longer in effect.
``(e) Resources Made Available.--The resources to be made
available in addition to the vessel under a Contingency
Agreement shall include all equipment, personnel, supplies,
management services, and other related services as the
Operating Agency may determine to be necessary to provide the
Cable Services required by the Operating Agency.
``(f) Compensation.--
``(1) In general.--The Operating Agency shall include in
each Contingency Agreement provisions under which the
Operating Agency shall pay fair and reasonable compensation
for use of the vessel and all Cable Services provided
pursuant to this section and the Contingency Agreement.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall be at the rate specified in the Contingency
Agreement;
``(B) shall be provided from the time that a vessel is
required by the Operating Agency under the Contingency
Agreement until the time it is made available by the
Operating Agency available to reenter commercial service; and
``(C) shall be in addition to and shall not in any way
reflect amounts payable under section 53206.
``(g) Liability of the United States for Damages.--
``(1) Limitation on the liability of the u.s.--Except as
otherwise provided by law, the Government shall not be liable
for disruption of a Contractor's commercial business or other
consequential damages to a Contractor arising from the
activation of the Contingency Agreement.
``(2) Affirmative defense.--In any action in any Federal or
State court for breach of third-party contract, there shall
be available as an affirmative defense that the alleged
breach of contract was caused predominantly by action taken
to carry out a Contingent Agreement. Such defense shall not
release the party asserting it from any obligation under
applicable law to mitigate damages to the greatest extent
possible.
``Sec. 53208. Regulatory relief
``The telecommunications and other electronic equipment on
an existing vessel that is redocumented under the laws of the
United States for operation under an Operating Agreement
under this chapter shall be deemed to satisfy all Federal
Communication Commission equipment certification
requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
``(2) that country has not been identified by the Secretary
of the Department in which the Coast Guard is operating as
inadequately enforcing international regulations as to that
vessel; and
``(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communication
Commission equipment certification standards.
``Sec. 53209. Authorization of appropriations
``There are authorized to be appropriated for payments
under section 53206, $10,000,000 for each of the fiscal years
2021 through 2035.''.
(b) Conforming Amendment.--The table of chapters at the
beginning of subtitle V of title 46, United States Code, is
amended by inserting before the item relating to chapter 533
the following new item:
``532. Cable Security Fleet................................53201''.....
Subtitle C--Maritime SAFE Act
SEC. 3531. SHORT TITLES.
This subtitle may be cited as the ``Maritime Security and
Fisheries Enforcement Act'' or the ``Maritime SAFE Act''.
SEC. 3532. DEFINITIONS.
In this subtitle:
(1) AIS.--The term ``AIS'' means Automatic Identification
System (as defined in section 164.46 of title 33, Code of
Federal Regulations, or a similar successor regulation).
(2) Combined maritime forces.--The term ``Combined Maritime
Forces'' means the 33-nation naval partnership, originally
established in February 2002, which promotes security,
stability, and prosperity across approximately 3,200,000
square miles of international waters.
(3) Exclusive economic zone.--
(A) In general.--Unless otherwise specified by the
President as being in the public interest in a writing
published in the Federal Register, the term ``exclusive
economic zone'' means--
(i) the area within a zone established by a maritime
boundary that has been established by a treaty in force or a
treaty that is being provisionally applied by the United
States; or
(ii) in the absence of a treaty described in clause (i)--
(I) a zone, the outer boundary of which is 200 nautical
miles from the baseline from which the breadth of the
territorial sea is measured; or
(II) if the distance between the United States and another
country is less than 400 nautical miles, a zone, the outer
boundary of which is represented by a line equidistant
between the United States and the other country.
(B) Inner boundary.--Without affecting any Presidential
Proclamation with regard to the establishment of the United
States territorial sea or exclusive economic zone, the inner
boundary of the exclusive economic zone is--
(i) in the case of coastal States, a line coterminous with
the seaward boundary of each such State (as described in
section 4 of the Submerged Lands Act (43 U.S.C. 1312));
(ii) in the case of the Commonwealth of Puerto Rico, a line
that is 3 marine leagues from the coastline of the
Commonwealth of Puerto Rico;
(iii) in the case of American Samoa, the United States
Virgin Islands, Guam, and the Northern Mariana Islands, a
line that is 3 geographic miles from the coastlines of
American Samoa, the United States Virgin Islands, Guam, or
the Northern Mariana Islands, respectively; or
(iv) for any possession of the United States not referred
to in clause (ii) or (iii), the coastline of such possession.
(C) Rule of construction.--Nothing in this paragraph may be
construed to diminish the authority of the Department of
Defense, the Department of the Interior, or any other Federal
department or agency.
(4) Food security.--The term ``food security'' means access
to, and availability, utilization, and stability of,
sufficient food to meet caloric and nutritional needs for an
active and healthy life.
(5) Global record of fishing vessels, refrigerated
transport vessels, and supply vessels.--The term ``global
record of fishing vessels, refrigerated transport vessels,
and supply vessels'' means the Food and Agriculture
Organization of the United Nations' initiative to rapidly
make available certified data from state authorities about
vessels and vessel related activities.
(6) IUU fishing.--The term ``IUU fishing'' means illegal
fishing, unreported fishing, or unregulated fishing (as such
terms are defined in paragraph 3 of the International Plan of
Action to Prevent, Deter, and Eliminate Illegal, Unreported
and Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001).
(7) Port state measures agreement.--The term ``Port State
Measures Agreement'' means the Agreement on Port State
Measures to Prevent, Deter, and Eliminate Illegal,
Unreported, and Unregulated Fishing set forth by the Food and
Agriculture Organization of the United Nations, done at Rome,
Italy November 22, 2009, and entered into force June 5, 2016,
which offers standards for reporting and inspecting fishing
activities of foreign-flagged fishing vessels at port.
(8) Priority flag state.--The term ``priority flag state''
means a country selected in accordance with section 3552
(b)(3)--
(A) whereby the flagged vessels of which actively engage
in, knowingly profit from, or are complicit in IUU fishing;
and
(B) that is willing, but lacks the capacity, to monitor or
take effective enforcement action against its fleet.
(9) Priority region.--The term ``priority region'' means a
region selected in accordance with section 3552 (b)(2)--
(A) that is at high risk for IUU fishing activity or the
entry of illegally caught seafood into the markets of
countries in the region; and
(B) in which countries lack the capacity to fully address
the illegal activity described in subparagraph (A).
(10) Regional fisheries management organization.--The term
``Regional Fisheries Management Organization'' means an
intergovernmental fisheries organization or arrangement, as
appropriate, that has the competence to establish
conservation and management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life, including those
grown, produced, or reared through marine aquaculture
operations or techniques; and
[[Page H9612]]
(B) does not include marine mammals, turtles, or birds.
(12) Transnational organized illegal activity.--The term
``transnational organized illegal activity'' means criminal
activity conducted by self-perpetuating associations of
individuals who operate transnationally for the purpose of
obtaining power, influence, or monetary or commercial gains,
wholly or in part by illegal means, while protecting their
activities through a pattern of corruption or violence or
through a transnational organizational structure and the
exploitation of transnational commerce or communication
mechanisms.
(13) Transshipment.--The term ``transshipment'' means the
use of refrigerated vessels that--
(A) collect catch from multiple fishing boats;
(B) carry the accumulated catches back to port; and
(C) deliver supplies to fishing boats, which allows fishing
vessels to remain at sea for extended periods without coming
into port.
SEC. 3533. PURPOSES.
The purposes of this subtitle are--
(1) to support a whole-of-government approach across the
Federal Government to counter IUU fishing and related threats
to maritime security;
(2) to improve data sharing that enhances surveillance,
enforcement, and prosecution against IUU fishing and related
activities at a global level;
(3) to support coordination and collaboration to counter
IUU fishing within priority regions;
(4) to increase and improve global transparency and
traceability across the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) a tool for strengthening fisheries management and food
security;
(5) to improve global enforcement operations against IUU
fishing through a whole-of-government approach by the United
States; and
(6) to prevent the use of IUU fishing as a financing source
for transnational organized groups that undermine United
States and global security interests.
SEC. 3534. STATEMENT OF POLICY.
It is the policy of the United States_
(1) to take action to curtail the global trade in seafood
and seafood products derived from IUU fishing, including its
links to forced labor and transnational organized illegal
activity;
(2) to develop holistic diplomatic, military, law
enforcement, economic, and capacity-building tools to counter
IUU fishing;
(3) to provide technical assistance to countries in
priority regions and priority flag states to combat IUU
fishing, including assistance--
(A) to increase local, national, and regional level
capacities to counter IUU fishing through the engagement of
law enforcement and security forces;
(B) to enhance port capacity and security, including by
supporting other countries in working toward the adoption and
implementation of the Port State Measures Agreement;
(C) to combat corruption and increase transparency and
traceability in fisheries management and trade;
(D) to enhance information sharing within and across
governments and multilateral organizations through the
development and use of agreed standards for information
sharing; and
(E) to support effective, science-based fisheries
management regimes that promote legal and safe fisheries and
act as a deterrent to IUU fishing;
(4) to promote global maritime security through improved
capacity and technological assistance to support improved
maritime domain awareness;
(5) to engage with priority flag states to encourage the
use of high quality vessel tracking technologies where
existing enforcement tools are lacking;
(6) to engage with multilateral organizations working on
fisheries issues, including Regional Fisheries Management
Organizations and the Food and Agriculture Organization of
the United Nations, to combat and deter IUU fishing;
(7) to advance information sharing across governments and
multilateral organizations in areas that cross multiple
jurisdictions, through the development and use of an agreed
standard for information sharing;
(8) to continue to use existing and future trade agreements
to combat IUU fishing;
(9) to employ appropriate assets and resources of the
United States Government in a coordinated manner to disrupt
the illicit networks involved in IUU fishing;
(10) to continue to declassify and make available, as
appropriate and practicable, technologies developed by the
United States Government that can be used to help counter IUU
fishing;
(11) to recognize the ties of IUU fishing to transnational
organized illegal activity, including human trafficking and
illegal trade in narcotics and arms, and as applicable, to
focus on illicit activity in a coordinated, cross-cutting
manner;
(12) to recognize and respond to poor working conditions,
labor abuses, and other violent crimes in the fishing
industry;
(13) to increase and improve global transparency and
traceability along the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) an approach for strengthening fisheries management and
food security; and
(14) to promote technological investment and innovation to
combat IUU fishing.
PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
SEC. 3541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.
The Secretary of State, in consultation with the Secretary
of Commerce, shall coordinate with Regional Fisheries
Management Organizations and the Food and Agriculture
Organization of the United Nations, and may coordinate with
other relevant international governmental or nongovernmental
organizations, or the private sector, as appropriate, to
enhance regional responses to IUU fishing and related
transnational organized illegal activities.
SEC. 3542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED
STATES.
Not later than 1 year after the date of the enactment of
this title, each chief of mission (as defined in section 102
of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a
relevant country in a priority region or to a priority flag
state may, if the Secretary of State determines such action
is appropriate--
(1) convene a working group, led by Department of State
officials, to examine IUU fishing, which may include
stakeholders such as--
(A) United States officials from relevant agencies
participating in the interagency Working Group identified in
section 3551, foreign officials, nongovernmental
organizations, the private sector, and representatives of
local fishermen in the region; and
(B) experts on IUU fishing, law enforcement, criminal
justice, transnational organized illegal activity, defense,
intelligence, vessel movement monitoring, and international
development operating in or with knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator from among
existing personnel at the mission if the chief of mission
determines such action is appropriate.
SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW
ENFORCEMENT WITHIN PRIORITY REGIONS AND
PRIORITY FLAG STATES.
(a) In General.--The Secretary of State, in consultation
with the Secretary of Commerce and the Commandant of the
Coast Guard when the Coast Guard is not operating as a
service in the Department of the Navy, as well as any other
relevant department or agency, shall provide assistance, as
appropriate, in accordance with this section.
(b) Law Enforcement Training and Coordination Activities.--
The officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to
countries in priority regions and priority flag states to
improve the effectiveness of IUU fishing enforcement, with
clear and measurable targets and indicators of success,
including--
(1) by assessing and using existing resources, enforcement
tools, and legal authorities to coordinate efforts to combat
IUU fishing with efforts to combat other illegal trade,
including weapons, drugs, and human trafficking;
(2) by expanding existing IUU fishing enforcement training;
(3) by providing targeted, country- and region-specific
training on combating IUU fishing, including in those
countries that have not adopted the Port State Measures
Agreement;
(4) by supporting increased effectiveness and transparency
of the fisheries enforcement sectors of the governments of
such countries; and
(5) by supporting increased outreach to stakeholders in the
affected communities as key partners in combating and
prosecuting IUU fishing.
(c) Implementation of Port State Measures.--The officials
referred to in subsection (a) shall evaluate opportunities to
provide assistance, as appropriate, to countries in priority
regions and priority flag states to help those states
implement programs related to port security and capacity for
the purposes of preventing IUU fishing products from entering
the global seafood market, including by supporting other
countries in working toward the adoption and implementation
of the Port State Measures Agreement.
(d) Capacity Building for Investigations and
Prosecutions.--The officials referred to in subsection (a),
in collaboration with the governments of countries in
priority regions and of priority flag states, shall evaluate
opportunities to assist those countries in designing and
implementing programs in such countries, as appropriate, to
increase the capacity of IUU fishing enforcement and customs
and border security officers to improve their ability--
(1) to conduct effective investigations, including using
law enforcement techniques such as undercover investigations
and the development of informer networks and actionable
intelligence;
(2) to conduct vessel boardings and inspections at sea and
associated enforcement actions;
(3) to exercise existing shiprider agreements and to enter
into and implement new shiprider agreements, as appropriate,
including in those countries that have not adopted the Port
State Measures Agreement;
(4) to conduct vessel inspections at port and associated
enforcement actions;
(5) to assess technology needs and promote the use of
technology to improve monitoring, enforcement, and
prosecution of IUU fishing;
(6) to conduct DNA-based and forensic identification of
seafood used in trade;
(7) to conduct training on techniques, such as collecting
electronic evidence and using computer forensics, for law
enforcement personnel involved in complex investigations
related to international matters, financial issues, and
government corruption that include IUU fishing;
(8) to assess financial flows and the use of financial
institutions to launder profits related to IUU fishing;
(9) to conduct training on the legal mechanisms that can be
used to prosecute those identified in the investigations as
alleged perpetrators of IUU fishing and other associated
crimes such as trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of
whistleblower information and ways to incentivize
whistleblowers to come forward with original information
related to IUU fishing.
[[Page H9613]]
(e) Capacity Building for Information Sharing.--The
officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to key
countries in priority regions and priority flag states in the
form of training, equipment, and systems development to build
capacity for information sharing related to maritime
enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The
Secretary of State shall coordinate, as appropriate, with the
Secretary of Commerce, the Commandant of the Coast Guard when
the Coast Guard is not operating as a service in the
Department of the Navy, and with other relevant Federal
agencies in accordance with this section.
SEC. 3544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU
FISHING.
(a) Mechanisms to Combat IUU Fishing.--The Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of the Department in
which the Coast Guard is operating when it is not operating
as a service in the Department of the Navy, the Secretary of
Defense, the Secretary of Commerce, the Attorney General, and
the heads of other appropriate Federal agencies shall assess
opportunities to combat IUU fishing by expanding, as
appropriate, the use of the following mechanisms:
(1) Including counter-IUU fishing in existing shiprider
agreements in which the United States is a party.
(2) Entering into shiprider agreements that include
counter-IUU fishing with priority flag states and countries
in priority regions with which the United States does not
already have such an agreement.
(3) Including counter-IUU fishing as part of the mission of
the Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the annual
at-sea exercises conducted by the Department of Defense, in
coordination with the United States Coast Guard.
(5) Creating partnerships similar to the Oceania Maritime
Security Initiative and the Africa Maritime Law Enforcement
Partnership in other priority regions.
(b) Information Sharing.--The Director of National
Intelligence, in conjunction with other agencies, as
appropriate, shall develop an enterprise approach to
appropriately share information and data within the United
States Government or with other countries or nongovernmental
organizations, or the private sector, as appropriate, on IUU
fishing and other connected transnational organized illegal
activity occurring in priority regions and elsewhere,
including big data analytics and machine learning.
SEC. 3545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY
PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary of
the Department in which the Coast Guard is operating when it
is not operating as a service in the Department of the Navy,
the Secretary of Commerce, and the heads of other Federal
agencies, if merited, shall work, as appropriate, with
priority flag states and key countries in priority regions--
(1) to increase knowledge within such countries about the
United States transparency and traceability standards for
imports of seafood and seafood products;
(2) to improve the capacity of seafood industries within
such countries through information sharing and training to
meet the requirements of transparency and traceability
standards for seafood and seafood product imports, including
catch documentation and trade tracking programs adopted by
relevant regional fisheries management organizations; and
(3) to improve the capacities of government, industry, and
civil society groups to develop and implement comprehensive
traceability systems that--
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness.
SEC. 3546. TECHNOLOGY PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary of
the Department in which the Coast Guard is operating when it
is not operating as a service in the Department of the Navy,
the Secretary of Defense, the Secretary of Commerce, and the
heads of other Federal agencies, if merited, shall pursue
programs, as appropriate, to expand the role of technology
for combating IUU fishing, including by--
(1) promoting the use of technology to combat IUU fishing;
(2) assessing the technology needs, including vessel
tracking technologies and data sharing, in priority regions
and priority flag states;
(3) engaging with priority flag states to encourage the
mandated use of vessel tracking technologies, including
vessel monitoring systems, AIS, or other vessel movement
monitoring technologies on fishing vessels and transshipment
vessels at all times, as appropriate, while at sea as a means
to identify IUU fishing activities and the shipment of
illegally caught fish products; and
(4) building partnerships with the private sector,
including universities, nonprofit research organizations, the
seafood industry, and the technology, transportation and
logistics sectors, to leverage new and existing technologies
and data analytics to address IUU fishing.
SEC. 3547. SAVINGS CLAUSE.
No provision of section 3532 or of this part shall impose,
or be interpreted to impose, any duty, responsibility,
requirement, or obligation on the Department of Defense, the
Department of the Navy, the United States Coast Guard when
operating as a service in the Department of Homeland
Security, or any official or component of either.
PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative
interagency working group on maritime security and IUU
fishing (referred to in this subtitle as the ``Working
Group'').
(b) Members.--The members of the Working Group shall be
composed of--
(1) 1 chair, who shall rotate between the Secretary of the
Department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard, the Secretary of
State, and the National Oceanographic and Atmospheric
Administration, acting through the Administrator, on a 3-year
term;
(2) 2 deputy chairs, who shall be appointed by their
respective agency heads and shall be from a different
Department than that of the chair, from--
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric Administration;
(3) 12 members, who shall be appointed by their respective
agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the Department of Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), who shall be appointed by the Director of
National Intelligence; and
(5) 5 members, who shall be appointed by the President,
from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology Policy; and
(E) the Office of the United States Trade Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing
globally, including by--
(1) improving the coordination of Federal agencies to
identify, interdict, investigate, prosecute, and dismantle
IUU fishing operations and organizations perpetrating and
knowingly benefitting from IUU fishing;
(2) assessing areas for increased interagency information
sharing on matters related to IUU fishing and related crimes;
(3) establishing standards for information sharing related
to maritime enforcement;
(4) developing a strategy to determine how military assets
and intelligence can contribute to enforcement strategies to
combat IUU fishing;
(5) increasing maritime domain awareness relating to IUU
fishing and related crimes and developing a strategy to
leverage awareness for enhanced enforcement and prosecution
actions against IUU fishing;
(6) supporting the adoption and implementation of the Port
State Measures Agreement in relevant countries and assessing
the capacity and training needs in such countries;
(7) outlining a strategy to coordinate, increase, and use
shiprider agreements between the Department of Defense or the
Coast Guard and relevant countries;
(8) enhancing cooperation with partner governments to
combat IUU fishing;
(9) identifying opportunities for increased information
sharing between Federal agencies and partner governments
working to combat IUU fishing;
(10) consulting and coordinating with the seafood industry
and nongovernmental stakeholders that work to combat IUU
fishing;
(11) supporting the work of collaborative international
initiatives to make available certified data from state
authorities about vessel and vessel-related activities
related to IUU fishing;
(12) supporting the identification and certification
procedures to address IUU fishing in accordance with the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826d et seq.); and
(13) publishing annual reports summarizing nonsensitive
information about the Working Group's efforts to investigate,
enforce, and prosecute groups and individuals engaging in IUU
fishing.
SEC. 3552. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date
of the enactment of this title, the Working Group, after
consultation with the relevant stakeholders, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on
Appropriations of the House of Representatives a 5-year
integrated strategic plan on combating IUU fishing and
enhancing maritime security, including specific strategies
with monitoring benchmarks for addressing IUU fishing in
priority regions.
(b) Identification of Priority Regions and Priority Flag
States.--
[[Page H9614]]
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and priority
flag states to be the focus of assistance coordinated by the
Working Group under section 3551.
(2) Priority region selection criteria.--In selecting
priority regions under paragraph (1), the Working Group shall
select regions that--
(A) are at high risk for IUU fishing activity or the entry
of illegally caught seafood into their markets; and
(B) lack the capacity to fully address the issues described
in subparagraph (A).
(3) Priority flag states selection criteria.--In selecting
priority flag states under paragraph (1), the Working Group
shall select countries--
(A) the flagged vessels of which actively engage in,
knowingly profit from, or are complicit in IUU fishing; and
(B) that lack the capacity to police their fleet.
SEC. 3553. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 3552, and 5 years
after, the Working Group shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
the Judiciary of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Agriculture,
Nutrition, and Forestry of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on
Appropriations of the House of Representatives that
contains--
(1) a summary of global and regional trends in IUU fishing;
(2) an assessment of the extent of the convergence between
transnational organized illegal activity, including human
trafficking and forced labor, and IUU fishing;
(3) an assessment of the topics, data sources, and
strategies that would benefit from increased information
sharing and recommendations regarding harmonization of data
collection and sharing;
(4) an assessment of assets, including military assets and
intelligence, which can be used for either enforcement
operations or strategies to combat IUU fishing;
(5) summaries of the situational threats with respect to
IUU fishing in priority regions and an assessment of the
capacity of countries within such regions to respond to those
threats;
(6) an assessment of the progress of countries in priority
regions in responding to those threats as a result of
assistance by the United States pursuant to the strategic
plan developed under section 3552, including--
(A) the identification of--
(i) relevant supply routes, ports of call, methods of
landing and entering illegally caught product into legal
supply chains, and financial institutions used in each
country by participants engaging in IUU fishing; and
(ii) indicators of IUU fishing that are related to money
laundering;
(B) an assessment of the adherence to, or progress toward
adoption of, international treaties related to IUU fishing,
including the Port State Measures Agreement, by countries in
priority regions;
(C) an assessment of the implementation by countries in
priority regions of seafood traceability or capacity to apply
traceability to verify the legality of catch and strengthen
fisheries management;
(D) an assessment of the capacity of countries in priority
regions to implement shiprider agreements;
(E) an assessment of the capacity of countries in priority
regions to increase maritime domain awareness; and
(F) an assessment of the capacity of governments of
relevant countries in priority regions to sustain the
programs for which the United States has provided assistance
under this subtitle;
(7) an assessment of the capacity of priority flag states
to track the movement of and police their fleet, prevent
their flagged vessels from engaging in IUU fishing, and
enforce applicable laws and regulations; and
(8) an assessment of the extent of involvement in IUU
fishing of organizations designated as foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
SEC. 3554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Administrator of the
National Oceanic and Atmospheric Administration, in
coordination with the Commandant of the Coast Guard and the
Secretary of State, shall establish a subworking group to
address IUU fishing in the exclusive economic zone of the
United States in the Gulf of Mexico.
(b) Functions.--The subworking group established under
subsection (a) shall identify--
(1) Federal actions taken and policies established during
the 5-year period immediately preceding the date of the
enactment of this title with respect to IUU fishing in the
exclusive economic zone of the United States in the Gulf of
Mexico, including such actions and policies related to--
(A) the surveillance, interdiction, and prosecution of any
foreign nationals engaged in such fishing; and
(B) the application of the provisions of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d
et seq.) to any relevant nation, including the status of any
past or ongoing consultations and certification procedures;
(2) actions and policies, in addition to the actions and
policies described in paragraph (1), each of the Federal
agencies described in subsection (a) can take, using existing
resources, to combat IUU fishing in the exclusive economic
zone of the United States in the Gulf of Mexico; and
(3) any additional authorities that could assist each such
agency in more effectively addressing such IUU fishing.
(c) Report.--Not later than 1 year after the IUU Fishing
Subworking Group is established under subsection (a), the
group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Natural Resources of
the House of Representatives that contains--
(1) the findings identified pursuant to subsection (b); and
(2) a timeline for each of the Federal agencies described
in subsection (a) to implement each action or policy
identified pursuant to subsection (b)(2).
PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
SEC. 3561. FINDING.
Congress finds that human trafficking, including forced
labor, is a pervasive problem in the catching and processing
of certain seafood products imported into the United States,
particularly seafood products obtained through illegal,
unreported, and unregulated fishing.
SEC. 3562. ADDING THE SECRETARY OF COMMERCE TO THE
INTERAGENCY TASK FORCE TO MONITOR AND COMBAT
TRAFFICKING.
Section 105(b) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by
inserting ``the Secretary of Commerce,'' after ``the
Secretary of Education,''.
SEC. 3563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN
REPORT.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretary of State and the
Administrator of the National Oceanic and Atmospheric
Administration shall jointly submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that describes the existence of human trafficking, including
forced labor, in the supply chains of seafood products
imported into the United States.
(b) Report Elements.--The report required under subsection
(a) shall include--
(1) a list of the countries at risk for human trafficking,
including forced labor, in their seafood catching and
processing industries, and an assessment of such risk for
each listed country;
(2) a description of the quantity and economic value of
seafood products imported into the United States from the
countries on the list compiled pursuant to paragraph (1);
(3) a description and assessment of the methods, if any, in
the countries on the list compiled pursuant to paragraph (1)
to trace and account for the manner in which seafood is
caught;
(4) a description of domestic and international enforcement
mechanisms to deter illegal practices in the catching of
seafood in the countries on the list compiled pursuant to
paragraph (1); and
(5) such recommendations as the Secretary of State and the
Administrator of the National Oceanic and Atmospheric
Administration jointly consider appropriate for
administrative action to enhance and improve actions against
human trafficking, including forced labor, in the catching
and processing of seafood products outside of United States
waters.
PART IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 3571. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--Amounts made available to carry out this
subtitle shall be derived from amounts appropriated to the
relevant agencies and departments.
(b) No Increase in Contributions.--Nothing in this subtitle
shall be construed to authorize an increase in required or
voluntary contributions paid by the United States to any
multilateral or international organization.
SEC. 3572. ACCOUNTING OF FUNDS.
By not later than 180 days after the date of enactment of
this title, the head of each Federal agency receiving or
allocating funds to carry out activities under this subtitle
shall, to the greatest extent practicable, prepare and submit
to Congress a report that provides an accounting of all funds
made available under this subtitle to the Federal agency.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for emergency
requirements.
[[Page H9615]]
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive
procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other
provision of law, unless such transfer or reprogramming would
move funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT. 16,000 0
Early to need.... [-16,000]
004 RQ-11 (RAVEN)........ 23,510 21,420
Unit cost growth. [-2,090]
ROTARY
005 TACTICAL UNMANNED 12,100 6,100
AIRCRAFT SYSTEM
(TUAS).
Program reduction [-6,000]
007 HELICOPTER, LIGHT 11,000
UTILITY (LUH).
Program increase [11,000]
for sustainment
improvements.
008 AH-64 APACHE BLOCK 806,849 798,785
IIIA REMAN.
Unjustified cost [-8,064]
growth.
009 AH-64 APACHE BLOCK 190,870 190,870
IIIA REMAN.
012 UH-60 BLACKHAWK M 1,411,540 1,397,740
MODEL (MYP).
Unit cost growth. [-13,800]
013 UH-60 BLACKHAWK M 79,572 79,572
MODEL (MYP).
014 UH-60 BLACK HAWK L 169,290 169,290
AND V MODELS.
015 CH-47 HELICOPTER..... 140,290 131,290
Unit cost growth. [-9,000]
016 CH-47 HELICOPTER..... 18,186 46,186
Advance [28,000]
procurement for
CH-47F Block II.
MODIFICATION OF
AIRCRAFT
019 UNIVERSAL GROUND 2,090 2,090
CONTROL EQUIPMENT
(UAS).
020 GRAY EAGLE MODS2..... 14,699 14,699
021 MULTI SENSOR ABN 35,189 35,189
RECON (MIP).
022 AH-64 MODS........... 58,172 58,172
023 CH-47 CARGO 11,785 11,785
HELICOPTER MODS
(MYP).
024 GRCS SEMA MODS (MIP). 5,677 5,677
025 ARL SEMA MODS (MIP).. 6,566 6,566
026 EMARSS SEMA MODS 3,859 3,859
(MIP).
027 UTILITY/CARGO 15,476 13,476
AIRPLANE MODS.
Unit cost [-2,000]
discrepancy.
028 UTILITY HELICOPTER 6,744 6,744
MODS.
029 NETWORK AND MISSION 105,442 98,442
PLAN.
Cost growth...... [-7,000]
030 COMMS, NAV 164,315 164,315
SURVEILLANCE.
032 GATM ROLLUP.......... 30,966 30,966
033 RQ-7 UAV MODS........ 8,983 8,983
034 UAS MODS............. 10,205 10,205
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 52,297 52,297
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,388 8,388
037 CMWS................. 13,999 13,999
038 COMMON INFRARED 168,784 168,784
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777
EQUIPMENT.
040 COMMON GROUND 18,624 18,624
EQUIPMENT.
041 AIRCREW INTEGRATED 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 32,738 32,738
044 LAUNCHER, 2.75 ROCKET 2,201 2,201
045 LAUNCHER GUIDED 991 991
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,696,429 3,671,475
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
[[Page H9616]]
001 SYSTEM INTEGRATION 113,857 113,857
AND TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT 103,800 71,800
Early to need.... [-32,000]
003 MSE MISSILE.......... 698,603 698,603
004 INDIRECT FIRE 9,337 9,337
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 193,284 186,084
Unit cost growth. [-7,200]
007 JOINT AIR-TO-GROUND 233,353 199,295
MSLS (JAGM).
Contract and [-34,058]
schedule delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 138,405 138,405
SYSTEM SUMMARY.
009 TOW 2 SYSTEM SUMMARY. 114,340 107,958
Unit cost growth. [-6,382]
010 TOW 2 SYSTEM SUMMARY. 10,500 10,500
011 GUIDED MLRS ROCKET 797,213 767,213
(GMLRS).
Program [-30,000]
adjustment.
012 MLRS REDUCED RANGE 27,555 27,555
PRACTICE ROCKETS
(RRPR).
014 ARMY TACTICAL MSL SYS 209,842 170,013
(ATACMS)--SYS SUM.
Excess to need... [-39,829]
MODIFICATIONS
016 PATRIOT MODS......... 279,464 279,464
017 ATACMS MODS.......... 85,320 80,320
Unit cost growth. [-5,000]
018 GMLRS MOD............ 5,094 5,094
019 STINGER MODS......... 81,615 81,615
020 AVENGER MODS......... 14,107 14,107
021 ITAS/TOW MODS........ 3,469 3,469
022 MLRS MODS............ 39,019 39,019
023 HIMARS MODIFICATIONS. 12,483 12,483
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 26,444 26,444
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS.. 10,593 10,593
TOTAL MISSILE 3,207,697 3,053,228
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 264,040 230,307
VEHICLE (AMPV).
Program reduction [-33,733]
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 144,387 393,587
Accelerate [249,200]
Stryker medium
caliber weapon
system--Army
unfunded priority.
004 STRYKER UPGRADE...... 550,000 522,962
Unit cost growth. [-27,038]
005 BRADLEY PROGRAM (MOD) 638,781 573,781
Program decrease. [-65,000]
006 M109 FOV 25,756 25,756
MODIFICATIONS.
007 PALADIN INTEGRATED 553,425 553,425
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 2,821 2,821
010 ASSAULT BREACHER 31,697 31,697
VEHICLE.
011 M88 FOV MODS......... 4,500 4,500
012 JOINT ASSAULT BRIDGE. 205,517 205,517
013 M1 ABRAMS TANK (MOD). 348,800 401,800
Test support [-7,000]
excess to need.
Vehicle [60,000]
protection system
for one armored
brigade.
014 ABRAMS UPGRADE 1,752,784 1,752,784
PROGRAM.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 19,420 19,420
ANTI-PERSONNEL
WEAPONS.
017 GUN AUTOMATIC 30MM 20,000 5,042
M230.
Program reduction [-14,958]
019 MORTAR SYSTEMS....... 14,907 14,907
020 XM320 GRENADE 191 191
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 7,977 7,977
RIFLE.
022 COMPACT SEMI- 9,860 9,860
AUTOMATIC SNIPER
SYSTEM.
023 CARBINE.............. 30,331 30,331
024 SMALL ARMS--FIRE 8,060 0
CONTROL.
Late contract [-8,060]
award.
025 COMMON REMOTELY 24,007 24,007
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 6,174 6,174
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 MK-19 GRENADE MACHINE 3,737 3,737
GUN MODS.
029 M777 MODS............ 2,367 2,367
030 M4 CARBINE MODS...... 17,595 17,595
033 M240 MEDIUM MACHINE 8,000 8,000
GUN MODS.
034 SNIPER RIFLES 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS... 6,269 6,269
036 MORTAR MODIFICATION.. 1,693 1,693
037 MODIFICATIONS LESS 4,327 4,327
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066
(WOCV-WTCV).
039 PRODUCTION BASE 2,651 2,651
SUPPORT (WOCV-WTCV).
[[Page H9617]]
TOTAL 4,715,566 4,868,977
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,949 65,520
TYPES.
Prior-year [-3,429]
carryover.
002 CTG, 7.62MM, ALL 114,228 112,228
TYPES.
Prior-year [-2,000]
carryover.
003 CTG, HANDGUN, ALL 17,807 17,807
TYPES.
004 CTG, .50 CAL, ALL 63,966 63,966
TYPES.
005 CTG, 20MM, ALL TYPES. 35,920 27,920
Unit cost growth. [-8,000]
006 CTG, 25MM, ALL TYPES. 8,990 8,990
007 CTG, 30MM, ALL TYPES. 68,813 65,337
Prior-year carry [-1,134]
over.
Program [-2,342]
adjustment.
008 CTG, 40MM, ALL TYPES. 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL 50,580 49,580
TYPES.
Unit cost [-1,000]
discrepancy.
010 81MM MORTAR, ALL 59,373 44,673
TYPES.
Contract delays.. [-14,700]
011 120MM MORTAR, ALL 125,452 123,452
TYPES.
Unit cost growth. [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 171,284 120,464
105MM AND 120MM, ALL
TYPES.
Unit cost growth. [-50,820]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 57,434 57,434
RANGE M982.
016 ARTILLERY 271,602 268,022
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Cost growth and [-3,580]
unjustified
product
improvements.
MINES
017 MINES & CLEARING 55,433 39,239
CHARGES, ALL TYPES.
Contract delay... [-16,194]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994
TYPES.
Excess support [-10,000]
costs.
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES... 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES.. 40,592 40,592
023 SIGNALS, ALL TYPES... 18,609 18,609
024 SIMULATORS, ALL TYPES 16,054 16,054
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 5,261 5,261
TYPES.
026 NON-LETHAL 715 715
AMMUNITION, ALL
TYPES.
027 ITEMS LESS THAN $5 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492
TRANSPORTATION
(AMMO).
030 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
031 INDUSTRIAL FACILITIES 474,511 474,511
032 CONVENTIONAL 202,512 202,512
MUNITIONS
DEMILITARIZATION.
033 ARMS INITIATIVE...... 3,833 3,833
TOTAL 2,694,548 2,579,349
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,993 12,993
DOLLY SETS.
002 SEMITRAILERS, 102,386 102,386
FLATBED:.
003 AMBULANCE, 4 LITTER, 127,271 127,271
5/4 TON, 4X4.
004 GROUND MOBILITY 37,038 35,038
VEHICLES (GMV).
Unit cost growth. [-2,000]
006 JOINT LIGHT TACTICAL 996,007 976,507
VEHICLE.
Army requested [-4,500]
transfer to RDTE,
A line 169.
Simulator delay.. [-15,000]
007 TRUCK, DUMP, 20T 10,838 10,838
(CCE).
008 FAMILY OF MEDIUM 72,057 138,057
TACTICAL VEH (FMTV).
Program increase. [66,000]
009 FIRETRUCKS & 28,048 28,048
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 9,969 9,969
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 6,280 6,280
012 HVY EXPANDED MOBILE 30,841 95,185
TACTICAL TRUCK EXT
SERV.
Program increase. [64,344]
013 HMMWV 5,734 5,734
RECAPITALIZATION
PROGRAM.
014 TACTICAL WHEELED 45,113 45,113
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 58,946 58,946
SVC EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE 791 791
[[Page H9618]]
018 PASSENGER CARRYING 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 143,933
PROGRAM.
Excess funding [-10,000]
for spares.
022 TACTICAL NETWORK 387,439 411,439
TECHNOLOGY MOD IN
SVC.
ITN-M for one [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189
WIDEBAND SATCOM
SYSTEMS.
029 TRANSPORTABLE 77,141 77,141
TACTICAL COMMAND
COMMUNICATIONS.
030 SHF TERM............. 16,054 16,054
031 ASSURED POSITIONING, 41,074 33,674
NAVIGATION AND
TIMING.
Program [-7,400]
cancellation.
032 SMART-T (SPACE)...... 10,515 10,515
033 GLOBAL BRDCST SVC-- 11,800 11,800
GBS.
034 ENROUTE MISSION 8,609 8,609
COMMAND (EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 57,533
INFRASTRUCTURE (TSI).
Program reduction [-20,000]
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK 468,026 488,026
SMALL FORM FIT (HMS).
SFAB technology [20,000]
refresh.
040 RADIO TERMINAL SET, 23,778 23,778
MIDS LVT(2).
044 SPIDER FAMILY OF 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE 9,291 9,291
047 COTS COMMUNICATIONS 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM 16,590 16,590
FOR COMBAT CASUALTY
CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS. 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600
SECURITY PROGRAM-
ISSP.
055 COMMUNICATIONS 160,899 147,097
SECURITY (COMSEC).
Unit cost growth. [-13,802]
056 DEFENSIVE CYBER 61,962 61,962
OPERATIONS.
057 INSIDER THREAT 756 756
PROGRAM--UNIT
ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 31,770
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 159,009 159,009
061 EMERGENCY MANAGEMENT 4,854 4,854
MODERNIZATION
PROGRAM.
062 HOME STATION MISSION 47,174 47,174
COMMAND CENTERS
(HSMCC).
063 INSTALLATION INFO 297,994 265,494
INFRASTRUCTURE MOD
PROGRAM.
Insufficient [-32,500]
budget
justification.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)..... 7,686 7,686
068 DCGS-A (MIP)......... 180,350 180,350
070 TROJAN (MIP)......... 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & 7,568 7,568
MANAGEMENT TOOLS
(EWPMT).
079 AIR VIGILANCE (AV) 8,953 8,953
(MIP).
081 MULTI-FUNCTION 6,420 3,220
ELECTRONIC WARFARE
(MFEW) SYST.
Program reduction [-3,200]
083 COUNTERINTELLIGENCE/ 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION 121 121
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 115,210 114,210
Excess support [-1,000]
costs.
086 NIGHT VISION DEVICES. 236,604 160,379
Insufficient [-76,225]
justification
(IVAS).
088 SMALL TACTICAL 22,623 22,623
OPTICAL RIFLE
MOUNTED MLRF.
090 INDIRECT FIRE 29,127 29,127
PROTECTION FAMILY OF
SYSTEMS.
091 FAMILY OF WEAPON 120,883 81,541
SIGHTS (FWS).
Excess unit cost [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 256,567
PLATFORM (JBC-P).
Program [-9,100]
adjustment.
095 JOINT EFFECTS 69,720 44,720
TARGETING SYSTEM
(JETS).
Program delay.... [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000
SYSTEMS
MODIFICATIONS.
100 COUNTERFIRE RADARS... 16,416 16,416
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 13,197 13,197
FAMILY.
[[Page H9619]]
103 AIR & MSL DEFENSE 24,730 24,730
PLANNING & CONTROL
SYS.
104 IAMD BATTLE COMMAND 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL 260 260
SYSTEM (MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL 18,674 8,674
AND PAY SYSTEM-ARMY
(IPP.
Poor business [-10,000]
process
reengineering.
110 RECONNAISSANCE AND 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC 7,317 15,317
EQUIPMENT (ENFIRE).
Program increase-- [8,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342
PROCESSING EQUIP.
Program decrease. [-5,000]
Unjustified [-5,000]
growth.
114 GENERAL FUND 15,802 15,802
ENTERPRISE BUSINESS
SYSTEMS FAM.
115 HIGH PERF COMPUTING 67,610 67,610
MOD PGM (HPCMP).
116 CONTRACT WRITING 15,000 6,000
SYSTEM.
Program [-9,000]
duplication.
117 CSS COMMUNICATIONS... 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 10,302
TECHNOLOGIES.
Program reduction [-12,000]
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS.. 11,910 11,910
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE......... 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 59,821 57,821
Contract delays.. [-2,000]
129 TACTICAL BRIDGE, 57,661 57,661
FLOAT-RIBBON.
130 BRIDGE SUPPLEMENTAL 17,966 17,966
SET.
131 COMMON BRIDGE 43,155 43,155
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570
MINEFIELD DETECTION
SYS-HST.
133 GRND STANDOFF MINE 37,025 37,025
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 83,082 47,899
DETECTION SYSTEM
(HMDS).
Unjustified unit [-35,183]
cost growth.
136 ROBOTIC COMBAT 2,000 2,000
SUPPORT SYSTEM
(RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115
RECAPITALIZATION.
138 ROBOTICS AND APPLIQUE 101,056 101,056
SYSTEMS.
140 RENDER SAFE SETS KITS 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245
MOTORS.
Unit cost growth. [-2,000]
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 111,955 111,955
147 MOBILE SOLDIER POWER. 31,364 29,943
Unit cost growth. [-1,421]
149 FIELD FEEDING 1,673 1,673
EQUIPMENT.
150 CARGO AERIAL DEL & 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451
AND CONSTRUCTION
SETS.
152 ITEMS LESS THAN $5M 5,167 5,167
(ENG SPT).
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 68,225 68,225
MEDICAL.
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 HYDRAULIC EXCAVATOR.. 500 500
162 TRACTOR, FULL TRACKED 4,835 4,835
163 ALL TERRAIN CRANES... 23,936 23,936
164 HIGH MOBILITY 27,188 27,188
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP.. 35,194 35,194
169 MANEUVER SUPPORT 14,185 14,185
VESSEL (MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC 14,814 14,814
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 14,864 14,864
[[Page H9620]]
TRAINING EQUIPMENT
174 COMBAT TRAINING 123,411 123,411
CENTERS SUPPORT.
175 TRAINING DEVICES, 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749
ENVIRONMENT (STE).
Program [-5,000]
adjustment.
178 AVIATION COMBINED 4,840 4,840
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 16,415 13,415
MODERNIZATION
(TEMOD).
Historical [-3,000]
underexecution.
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 9,877 9,877
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 82,158 82,158
SYSTEMS (OPA3).
186 BASE LEVEL COMMON 15,340 15,340
EQUIPMENT.
187 MODIFICATION OF IN- 50,458 50,458
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 14,400 14,400
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 9,821 9,821
USER TESTING.
OPA2
192 INITIAL SPARES--C&E.. 9,757 9,757
TOTAL OTHER 7,451,301 7,284,972
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,748,934 1,730,360
HORNET.
ECO and ancillary [-18,574]
equipment excess
growth.
002 F/A-18E/F (FIGHTER) 55,128 51,180
HORNET.
Excess engine [-3,948]
cost growth.
003 JOINT STRIKE FIGHTER 2,272,301 2,217,821
CV.
Target cost [-54,480]
savings.
004 JOINT STRIKE FIGHTER 339,053 339,053
CV.
005 JSF STOVL............ 1,342,035 1,266,301
Target cost [-75,734]
savings.
006 JSF STOVL............ 291,804 291,804
007 CH-53K (HEAVY LIFT).. 807,876 807,876
008 CH-53K (HEAVY LIFT).. 215,014 215,014
009 V-22 (MEDIUM LIFT)... 966,666 1,214,766
Program increase. [248,100]
010 V-22 (MEDIUM LIFT)... 27,104 27,104
011 H-1 UPGRADES (UH-1Y/ 62,003 53,003
AH-1Z).
Production line [-9,000]
shutdown excess
to need.
013 MH-60R (MYP)......... 894 894
014 P-8A POSEIDON........ 1,206,701 1,680,601
Line shutdown [-67,300]
costs early to
need.
Navy unfunded [541,200]
priority.
016 E-2D ADV HAWKEYE..... 744,484 900,284
Navy unfunded [173,000]
priority.
NRE excess cost [-17,200]
growth.
017 E-2D ADV HAWKEYE..... 190,204 190,204
TRAINER AIRCRAFT
019 ADVANCED HELICOPTER 261,160 261,160
TRAINING SYSTEM.
OTHER AIRCRAFT
020 KC-130J.............. 240,840 221,904
Unit cost growth. [-18,936]
021 KC-130J.............. 66,061 66,061
022 F-5.................. 39,676 39,676
023 MQ-4 TRITON.......... 473,134 448,134
PGSE excess cost [-25,000]
growth.
024 MQ-4 TRITON.......... 20,139 20,139
025 MQ-8 UAV............. 44,957 44,957
026 STUASL0 UAV.......... 43,819 43,819
028 VH-92A EXECUTIVE HELO 658,067 647,351
Program reduction [-10,716]
MODIFICATION OF
AIRCRAFT
029 AEA SYSTEMS.......... 44,470 39,170
Program reduction [-5,300]
030 AV-8 SERIES.......... 39,472 39,472
031 ADVERSARY............ 3,415 3,415
032 F-18 SERIES.......... 1,207,089 1,128,089
Early to need.... [-79,000]
033 H-53 SERIES.......... 68,385 68,385
034 MH-60 SERIES......... 149,797 147,297
NRE prior year [-2,500]
carryover (OSIP
018-12).
035 H-1 SERIES........... 114,059 114,059
036 EP-3 SERIES.......... 8,655 8,655
038 E-2 SERIES........... 117,059 117,059
039 TRAINER A/C SERIES... 5,616 5,616
040 C-2A................. 15,747 15,747
041 C-130 SERIES......... 122,671 116,786
B kit cost growth [-3,009]
(OSIP 019-14).
GFE excess growth [-2,876]
(OSIP 019-14).
[[Page H9621]]
042 FEWSG................ 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767
SERIES.
044 E-6 SERIES........... 169,827 167,216
Program reduction [-2,611]
045 EXECUTIVE HELICOPTERS 8,933 8,933
SERIES.
047 T-45 SERIES.......... 186,022 184,314
NRE previously [-1,708]
funded.
048 POWER PLANT CHANGES.. 16,136 16,136
049 JPATS SERIES......... 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT. 162,839 152,839
Program decrease. [-10,000]
052 COMMON AVIONICS 102,107 75,107
CHANGES.
Computing and [-27,000]
displays
concurrency and
equipment growth
early to need.
053 COMMON DEFENSIVE 2,100 2,100
WEAPON SYSTEM.
054 ID SYSTEMS........... 41,437 41,437
055 P-8 SERIES........... 107,539 96,563
Increment 3 ECP 6 [-10,976]
early to need
(OSIP 006-18).
056 MAGTF EW FOR AVIATION 26,536 26,536
057 MQ-8 SERIES.......... 34,686 34,686
058 V-22 (TILT/ROTOR 325,367 325,367
ACFT) OSPREY.
059 NEXT GENERATION 6,223 3,111
JAMMER (NGJ).
Program reduction [-3,112]
060 F-35 STOVL SERIES.... 65,585 65,585
061 F-35 CV SERIES....... 15,358 15,358
062 QRC.................. 165,016 146,558
Program decrease. [-18,458]
063 MQ-4 SERIES.......... 27,994 27,994
064 RQ-21 SERIES......... 66,282 61,032
EO/IR turret [-5,250]
upgrades unit
cost growth (OSIP
004-20).
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR 2,166,788 2,146,788
PARTS.
MQ-4 Triton [-20,000]
spares excess
growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
068 COMMON GROUND 491,025 470,025
EQUIPMENT.
Other flight [-21,000]
training
previously funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES...... 41,086 32,086
BRU-61 previously [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 135,740
EQUIPMENT.
073 FIRST DESTINATION 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 18,522,204 18,961,816
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,177,251 1,177,251
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 386,730 344,648
Unjustified [-42,082]
tooling and
facilitization
costs.
TACTICAL MISSILES
004 AMRAAM............... 224,502 201,502
Unit cost growth. [-23,000]
005 SIDEWINDER........... 119,456 117,404
Program reduction [-2,052]
007 STANDARD MISSILE..... 404,523 404,523
008 STANDARD MISSILE..... 96,085 96,085
009 SMALL DIAMETER BOMB 118,466 115,828
II.
Program reduction [-2,638]
010 RAM.................. 106,765 106,765
012 HELLFIRE............. 1,525 1,525
015 AERIAL TARGETS....... 145,880 145,880
016 DRONES AND DECOYS.... 20,000 18,521
Excess to need... [-1,479]
017 OTHER MISSILE SUPPORT 3,388 3,388
018 LRASM................ 143,200 143,200
019 LCS OTH MISSILE...... 38,137 38,137
MODIFICATION OF
MISSILES
020 ESSM................. 128,059 110,059
Production [-18,000]
support excess to
need.
021 HARPOON MODS......... 25,447 25,447
022 HARM MODS............ 183,740 183,740
023 STANDARD MISSILES 22,500 2,500
MODS.
Early to need.... [-20,000]
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 85,717
EQUIPMENT.
Insufficient [-23,710]
budget
justifcation.
TORPEDOES AND RELATED
EQUIP
[[Page H9622]]
028 SSTD................. 5,561 5,561
029 MK-48 TORPEDO........ 114,000 130,000
Program increase. [16,000]
030 ASW TARGETS.......... 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 119,453 112,013
HAAWC cost growth [-7,440]
032 MK-48 TORPEDO ADCAP 39,508 39,508
MODS.
033 QUICKSTRIKE MINE..... 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT.... 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 14,797 13,607
WEAPONS.
Program reduction [-1,190]
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 44,126 44,126
039 COAST GUARD WEAPONS.. 44,980 44,980
040 GUN MOUNT MODS....... 66,376 66,376
041 LCS MODULE WEAPONS... 14,585 14,585
043 AIRBORNE MINE 7,160 7,160
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR 126,138 124,390
PARTS.
Program reduction [-1,748]
TOTAL WEAPONS 4,235,244 4,107,905
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 36,028 34,997
Fuze contract [-1,031]
delay and unit
cost growth.
002 JDAM................. 70,413 70,413
003 AIRBORNE ROCKETS, ALL 31,756 27,707
TYPES.
Unit cost growth. [-4,049]
004 MACHINE GUN 4,793 4,793
AMMUNITION.
005 PRACTICE BOMBS....... 34,708 27,208
Q1300 LGTR unit [-7,500]
cost growth.
006 CARTRIDGES & CART 45,738 38,738
ACTUATED DEVICES.
Contract and [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,854
COUNTERMEASURES.
Unit cost growth. [-9,447]
008 JATOS................ 7,262 7,262
009 5 INCH/54 GUN 22,594 21,166
AMMUNITION.
MK187 mod 0 [-1,428]
projectile unit
cost growth.
010 INTERMEDIATE CALIBER 37,193 37,193
GUN AMMUNITION.
011 OTHER SHIP GUN 39,491 39,291
AMMUNITION.
CART 20MM [-200]
contract award
delay.
012 SMALL ARMS & LANDING 47,896 47,896
PARTY AMMO.
013 PYROTECHNIC AND 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN 2,386 2,386
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 55,543 50,543
Prior year [-5,000]
underexecution.
017 DIRECT SUPPORT 131,765 131,765
MUNITIONS.
018 INFANTRY WEAPONS 78,056 52,088
AMMUNITION.
Underexecution [-25,968]
and schedule
delays.
019 COMBAT SUPPORT 40,048 34,048
MUNITIONS.
Unit cost growth. [-6,000]
020 AMMO MODERNIZATION... 14,325 14,325
021 ARTILLERY MUNITIONS.. 188,876 167,476
DA 54 contract [-21,400]
delay.
022 ITEMS LESS THAN $5 4,521 4,521
MILLION.
TOTAL 981,314 892,291
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 1,698,907 1,821,907
SUBMARINE.
Submarine [123,000]
supplier
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 2,347,000 1,042,000
PROGRAM.
Basic [-20,000]
construction/
conversion excess
cost growth.
Restoring [-1,285,000]
acquisition
accountability:
Transfer CVN-81
only to line 2X.
002A CARRIER REPLACEMENT 1,285,000
PROGRAM.
For CVN-81 only.. [1,285,000]
003 VIRGINIA CLASS 7,155,946 5,445,946
SUBMARINE.
Block V program [1,490,000]
increase.
SSN-812 program [-3,200,000]
decrease.
004 VIRGINIA CLASS 2,769,552 2,969,552
SUBMARINE ADVANCE
PROCUREMENT.
Advance [200,000]
Procurement in
support of a 10th
multi-year
procurement
contract ship
only.
005 CVN REFUELING 647,926 631,926
OVERHAULS.
[[Page H9623]]
CVN-74 RCOH [-16,000]
unjustified cost
growth.
006 CVN REFUELING 16,900
OVERHAULS ADVANCE
PROCUREMENT.
Restore CVN-75 [16,900]
RCOH.
007 DDG 1000............. 155,944 155,944
008 DDG-51............... 5,099,295 5,033,295
Basic [-66,000]
Construction
excess growth.
009 DDG-51 ADVANCE 224,028 484,028
PROCUREMENT.
Accelerate LLTM [260,000]
for FY21 Flight
III destroyers.
011 FFG-FRIGATE.......... 1,281,177 1,281,177
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........ 525,000
LPD-31 program [277,900]
increase.
Transfer from [247,100]
line 13.
013 LPD FLIGHT II ADVANCE 247,100 0
PROCUREMENT.
Transfer to line [-247,100]
12.
015 LHA REPLACEMENT...... 650,000
LHA-9 program [650,000]
increase.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 TAO FLEET OILER...... 981,215 981,215
019 TAO FLEET OILER 73,000 73,000
ADVANCE PROCUREMENT.
020 TOWING, SALVAGE, AND 150,282 150,282
RESCUE SHIP (ATS).
022 LCU 1700............. 85,670 85,670
023 OUTFITTING........... 754,679 705,721
Excess cost [-40,000]
growth.
Virginia class [-8,958]
outfitting excess
growth.
024 SHIP TO SHORE 65,000
CONNECTOR.
Program increase. [65,000]
025 SERVICE CRAFT........ 56,289 81,789
Accelerate YP-703 [25,500]
Flight II.
028 COMPLETION OF PY 55,700 104,700
SHIPBUILDING
PROGRAMS.
UPL EPF-14 [49,000]
conversion.
TOTAL 23,783,710 23,590,052
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 14,490 14,490
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 31,583 31,561
HM&E.
Twisted rudder [-22]
installation
early to need.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 77,404
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 160,803 160,803
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 566,140 553,490
Aegis [-5,000]
modernization
testing excess to
need.
Combat system [-7,650]
ship
qualification
trials excess to
need.
006 FIREFIGHTING 18,223 18,223
EQUIPMENT.
007 COMMAND AND CONTROL 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 95,651 79,563
Excess cost [-16,088]
growth.
009 POLLUTION CONTROL 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 44,895
EQUIPMENT.
011 VIRGINIA CLASS 28,465 28,465
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES.. 26,290 25,297
Virginia class [-993]
unit cost growth.
014 LPD CLASS SUPPORT 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS 9,930 9,930
SUPPORT EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,909 2,909
018 CG MODERNIZATION..... 193,990 193,990
019 LCAC................. 3,392 3,392
020 UNDERWATER EOD 71,240 71,240
PROGRAMS.
021 ITEMS LESS THAN $5 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE 6,635 6,635
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 REACTOR POWER UNITS.. 5,340 5,340
025 REACTOR COMPONENTS... 465,726 462,749
Program decrease-- [-2,977]
unit cost growth.
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 11,854
EQUIPMENT.
SMALL BOATS
027 STANDARD BOATS....... 79,102 79,102
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE. 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 51,553
MODULES EQUIPMENT.
030 LCS MCM MISSION 197,129 134,157
MODULES.
Excess cost [-62,972]
growth.
031 LCS ASW MISSION 27,754 27,754
MODULES.
032 LCS SUW MISSION 26,566 26,566
MODULES.
[[Page H9624]]
033 LCS IN-SERVICE 84,972 82,000
MODERNIZATION.
Habitability mod [-2,972]
(Freedom variant)
unit cost growth.
034 SMALL & MEDIUM UUV... 40,547 10,647
Knifefish early [-29,900]
to need.
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR......... 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC 366,968 356,953
EQUIPMENT.
Low cost [-10,015]
conformal array
contract delay.
039 UNDERSEA WARFARE 8,967 8,967
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545
WARFARE SYSTEM.
041 SSTD................. 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441
SYSTEM.
043 SURTASS.............. 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
044 AN/SLQ-32............ 420,154 350,686
Block 3 kit early [-65,758]
to need.
FMP block 1B3 for [-2,300]
SLQ-32(V) 6
previously funded.
SEWIP block 1B2 [-1,410]
for USCG ship
forward fit
contract delays.
RECONNAISSANCE
EQUIPMENT
045 SHIPBOARD IW EXPLOIT. 194,758 193,440
SSEE [-1,318]
modifications
kits unit cost
growth.
046 AUTOMATED 5,368 5,368
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE 35,128 35,128
ENGAGEMENT
CAPABILITY.
048 NAVAL TACTICAL 15,154 15,154
COMMAND SUPPORT
SYSTEM (NTCSS).
049 ATDLS................ 52,753 52,753
050 NAVY COMMAND AND 3,390 3,390
CONTROL SYSTEM
(NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM.... 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT. 72,406 72,406
057 AFLOAT ATC EQUIPMENT. 67,410 65,779
ACLS mod kits [-1,631]
installations
cost growth.
058 ID SYSTEMS........... 26,059 26,059
059 JOINT PRECISION 92,695 78,195
APPROACH AND LANDING
SYSTEM (.
Early to need.... [-14,500]
060 NAVAL MISSION 15,296 15,296
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226
SYSTEMS.
062 DCGS-N............... 21,788 21,427
DCGS-N increment [-361]
2 kit unit cost
discrepancy.
063 CANES................ 426,654 395,154
Program decrease. [-31,500]
064 RADIAC............... 6,450 6,450
065 CANES-INTELL......... 52,713 52,713
066 GPETE................ 13,028 13,028
067 MASF................. 5,193 5,193
068 INTEG COMBAT SYSTEM 6,028 6,028
TEST FACILITY.
069 EMI CONTROL 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 144,636
MILLION.
NGSSR early to [-23,800]
need.
SHIPBOARD
COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 50,053
COMMUNICATIONS.
DMR IW and MUOS [-5,800]
system
procurement
afloat previously
funded.
072 SHIP COMMUNICATIONS 137,861 122,380
AUTOMATION.
STACC cost growth [-15,481]
073 COMMUNICATIONS ITEMS 35,093 31,493
UNDER $5M.
Improving funds [-3,600]
management: prior
year carryover.
SUBMARINE
COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833
SUPPORT.
075 SUBMARINE 69,643 60,794
COMMUNICATION
EQUIPMENT.
Buoy shape [-8,849]
improvement
unjustified
request.
SATELLITE
COMMUNICATIONS
076 SATELLITE 45,841 45,841
COMMUNICATIONS
SYSTEMS.
077 NAVY MULTIBAND 88,021 82,148
TERMINAL (NMT).
Afloat ship kit [-4,055]
cost growth.
Assured C2 modems [-1,818]
installation cost
excess growth.
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL 968 968
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
[[Page H9625]]
083 COAST GUARD EQUIPMENT 61,370 61,370
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 260,644 310,644
UPL sonobuoy [50,000]
increase.
AIRCRAFT SUPPORT
EQUIPMENT
086 MINOTAUR............. 5,000 5,000
087 WEAPONS RANGE SUPPORT 101,843 101,843
EQUIPMENT.
088 AIRCRAFT SUPPORT 145,601 135,211
EQUIPMENT.
Excess cost [-10,390]
growth.
089 ADVANCED ARRESTING 4,725 4,725
GEAR (AAG).
090 METEOROLOGICAL 14,687 12,407
EQUIPMENT.
ASOS upgrades [-2,280]
unit cost growth.
092 LEGACY AIRBORNE MCM.. 19,250 18,918
Modifications [-332]
unjustified
growth.
093 LAMPS EQUIPMENT...... 792 792
094 AVIATION SUPPORT 55,415 52,415
EQUIPMENT.
Contract delay... [-3,000]
095 UMCS-UNMAN CARRIER 32,668 32,668
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
096 SHIP GUN SYSTEMS 5,451 5,451
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
097 HARPOON SUPPORT 1,100 1,100
EQUIPMENT.
098 SHIP MISSILE SUPPORT 228,104 268,304
EQUIPMENT.
Program increase. [40,200]
099 TOMAHAWK SUPPORT 78,593 78,593
EQUIPMENT.
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE 280,510 280,510
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL 148,547 143,678
SYSTEMS.
Excess cost [-4,869]
growth.
102 ASW SUPPORT EQUIPMENT 21,130 21,130
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,244 15,244
DISPOSAL EQUIP.
104 ITEMS LESS THAN $5 5,071 5,071
MILLION.
OTHER EXPENDABLE
ORDNANCE
105 ANTI-SHIP MISSILE 41,962 41,962
DECOY SYSTEM.
106 SUBMARINE TRAINING 75,057 75,057
DEVICE MODS.
107 SURFACE TRAINING 233,175 222,647
EQUIPMENT.
BFFT ship sets [-1,515]
excess to need.
LCS trainer [-9,013]
equipment early
to need.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 4,562 4,562
VEHICLES.
109 GENERAL PURPOSE 10,974 10,974
TRUCKS.
110 CONSTRUCTION & 43,191 43,191
MAINTENANCE EQUIP.
111 FIRE FIGHTING 21,142 11,642
EQUIPMENT.
Contract delays.. [-9,500]
112 TACTICAL VEHICLES.... 33,432 33,432
114 POLLUTION CONTROL 2,633 2,633
EQUIPMENT.
115 ITEMS UNDER $5 53,467 53,467
MILLION.
116 PHYSICAL SECURITY 1,173 1,173
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 16,730 16,730
118 FIRST DESTINATION 5,389 5,389
TRANSPORTATION.
119 SPECIAL PURPOSE 654,674 617,522
SUPPLY SYSTEMS.
Insufficient [-37,152]
budget
justification.
TRAINING DEVICES
120 TRAINING SUPPORT 3,633 3,633
EQUIPMENT.
121 TRAINING AND 97,636 94,536
EDUCATION EQUIPMENT.
Excess growth.... [-3,100]
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 66,102 50,434
EQUIPMENT.
Prior year [-15,668]
underexecution.
123 MEDICAL SUPPORT 3,633 3,633
EQUIPMENT.
125 NAVAL MIP SUPPORT 6,097 6,097
EQUIPMENT.
126 OPERATING FORCES 16,905 16,905
SUPPORT EQUIPMENT.
127 C4ISR EQUIPMENT...... 30,146 30,146
128 ENVIRONMENTAL SUPPORT 21,986 21,986
EQUIPMENT.
129 PHYSICAL SECURITY 160,046 160,046
EQUIPMENT.
130 ENTERPRISE 56,899 56,899
INFORMATION
TECHNOLOGY.
OTHER
133 NEXT GENERATION 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS.. 16,346 16,346
SPARES AND REPAIR
PARTS
134 SPARES AND REPAIR 375,608 352,140
PARTS.
JPALS spares [-8,137]
early to need.
LCS spares early [-15,331]
to need.
TOTAL OTHER 9,652,956 9,302,099
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 39,495 39,495
[[Page H9626]]
002 AMPHIBIOUS COMBAT 317,935 313,131
VEHICLE 1.1.
Excess [-4,804]
engineering
change orders.
003 LAV PIP.............. 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 25,065 25,065
TOWED HOWITZER.
005 ARTILLERY WEAPONS 100,002 90,002
SYSTEM.
Equipment [-10,000]
previously funded
and cost growth.
006 WEAPONS AND COMBAT 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR 175,998 175,998
DEFENSE.
009 ANTI-ARMOR MISSILE- 20,207 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR 21,913 21,913
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 60,501 60,501
TOW.
012 GUIDED MLRS ROCKET 29,062 28,062
(GMLRS).
Unit cost [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 37,203 32,203
COMMAND AND CONTROL
SYSTEM (C.
AN/MRQ-13 [-5,000]
communications
subsystems
upgrades
unjustified
growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 112,124 82,424
MILLION (COMM &
ELEC).
Unit cost growth. [-29,700]
017 AIR OPERATIONS C2 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
018 RADAR SYSTEMS........ 329 329
019 GROUND/AIR TASK 273,022 273,022
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC.............. 4,484 4,484
022 FIRE SUPPORT SYSTEM.. 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396
EQUIPMENT.
Unjustified [-2,500]
growth.
025 UNMANNED AIR SYSTEMS 34,711 34,711
(INTEL).
026 DCGS-MC.............. 32,562 32,562
OTHER SUPPORT (NON-
TEL)
030 NEXT GENERATION 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS. 108,897 108,897
033 RADIO SYSTEMS........ 227,320 212,320
Cost growth and [-15,000]
early to need.
034 COMM SWITCHING & 31,685 23,781
CONTROL SYSTEMS.
ECP small form [-7,904]
factor previously
funded.
035 COMM & ELEC 21,140 21,140
INFRASTRUCTURE
SUPPORT.
036 CYBERSPACE ACTIVITIES 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS.. 5,535 5,535
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 558,107 556,107
VEHICLE.
ECP previously [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495
EQUIP ASSORT.
042 TACTICAL FUEL SYSTEMS 52 52
043 POWER EQUIPMENT 22,441 22,441
ASSORTED.
044 AMPHIBIOUS SUPPORT 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS.......... 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL 2,898 2,898
EQUIPMENT.
048 TRAINING DEVICES..... 149,567 126,567
ODS unjustified [-23,000]
request.
049 FAMILY OF 35,622 35,622
CONSTRUCTION
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956
MILLION.
SPARES AND REPAIR
PARTS
052 SPARES AND REPAIR 33,470 33,470
PARTS.
TOTAL 3,090,449 2,989,541
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,274,359 5,566,409
Program increase. [1,042,800]
Program increase: [440,000]
Turkish F-35A
Reallocation
Initiative.
[[Page H9627]]
Target cost [-190,750]
savings.
002 F-35................. 655,500 811,500
UPL Increase..... [156,000]
003 F-15E................ 1,050,000 985,500
Unjustified non- [-64,500]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP.......... 2,234,529 2,198,529
Excess to need... [-36,000]
OTHER AIRLIFT
006 C-130J............... 12,156 404,156
Program increase. [392,000]
008 MC-130J.............. 871,207 857,607
Excess to need... [-13,600]
009 MC-130J.............. 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE 884,235 876,035
HELICOPTER.
Excess to need... [-8,200]
MISSION SUPPORT
AIRCRAFT
011 C-37A................ 161,000 147,500
Unit cost growth. [-13,500]
012 CIVIL AIR PATROL A/C. 2,767 2,767
OTHER AIRCRAFT
014 TARGET DRONES........ 130,837 130,837
015 COMPASS CALL......... 114,095 114,095
017 MQ-9................. 189,205 175,205
Unit cost growth. [-14,000]
STRATEGIC AIRCRAFT
019 B-2A................. 9,582 9,582
020 B-1B................. 22,111 13,111
ADS-B ahead of [-9,000]
need.
021 B-52................. 69,648 69,648
022 LARGE AIRCRAFT 43,758 43,758
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10................. 132,069 132,069
024 E-11 BACN/HAG........ 70,027 70,027
025 F-15................. 481,073 467,767
ADCP unnecessary [-13,306]
due to F-15X.
026 F-16................. 234,782 309,782
Additional radars [75,000]
028 F-22A................ 323,597 323,597
030 F-35 MODIFICATIONS... 343,590 343,590
031 F-15 EPAW............ 149,047 125,417
Not required [-23,630]
because of F-15X.
032 INCREMENT 3.2B....... 20,213 20,213
033 KC-46A MDAP.......... 10,213 5,213
Funding ahead of [-5,000]
need.
AIRLIFT AIRCRAFT
034 C-5.................. 73,550 73,550
036 C-17A................ 60,244 60,244
037 C-21................. 216 216
038 C-32A................ 11,511 11,511
039 C-37A................ 435 435
TRAINER AIRCRAFT
040 GLIDER MODS.......... 138 138
041 T-6.................. 11,826 11,826
042 T-1.................. 26,787 26,787
043 T-38................. 37,341 37,341
OTHER AIRCRAFT
044 U-2 MODS............. 86,896 106,896
Increase for U-2 [20,000]
enhancements.
045 KC-10A (ATCA)........ 2,108 2,108
046 C-12................. 3,021 3,021
047 VC-25A MOD........... 48,624 48,624
048 C-40................. 256 256
049 C-130................ 52,066 186,066
3.5 Engine [79,000]
Enhancement
Package.
NP-2000 prop [55,000]
blade upgrades.
050 C-130J MODS.......... 141,686 141,686
051 C-135................ 124,491 122,616
Low cost mods [-1,000]
slow execution.
RPI installs..... [-875]
053 COMPASS CALL......... 110,754 110,754
054 COMBAT FLIGHT 508 508
INSPECTION--CFIN.
055 RC-135............... 227,673 227,673
056 E-3.................. 216,299 128,992
NATO AWACS--Air [-87,307]
Force requested
transfer to line
88.
057 E-4.................. 58,477 58,477
058 E-8.................. 28,778 48,778
Increase for re- [20,000]
engining.
059 AIRBORNE WARNING AND 36,000 36,000
CNTRL SYS (AWACS) 40/
45.
060 FAMILY OF BEYOND LINE- 7,910 7,910
OF-SIGHT TERMINALS.
061 H-1.................. 3,817 3,817
[[Page H9628]]
062 H-60................. 20,879 20,879
063 RQ-4 MODS............ 1,704 1,704
064 HC/MC-130 51,482 51,482
MODIFICATIONS.
065 OTHER AIRCRAFT....... 50,098 50,098
066 MQ-9 MODS............ 383,594 251,594
Production rate [-132,000]
adjustment of DAS-
4 sensor.
068 CV-22 MODS........... 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 799,230
PARTS.
F-35 spares...... [96,000]
Program decrease. [-30,000]
RQ-4............. [25,000]
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,403 1,403
074 B-2B................. 42,234 42,234
075 B-52................. 4,641 4,641
076 C-17A................ 124,805 124,805
079 F-15................. 2,589 2,589
081 F-16................. 15,348 15,348
084 RQ-4 POST PRODUCTION 47,246 47,246
CHARGES.
INDUSTRIAL
PREPAREDNESS
086 INDUSTRIAL 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES...... 32,102 32,102
OTHER PRODUCTION
CHARGES
088 OTHER PRODUCTION 1,194,728 1,222,035
CHARGES.
F-22 NGEN lab [-60,000]
excess.
NATO AWACS--Air [87,307]
Force requested
transfer from
line 56.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS.. 34,193 34,193
TOTAL AIRCRAFT 16,784,279 18,569,718
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 55,888 55,888
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 15,000 7,500
MUNITION.
Unjustified [-7,500]
requirement (JAGM-
F).
004 JOINT AIR-SURFACE 482,525 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X).. 160,408 160,408
007 AMRAAM............... 332,250 332,250
008 PREDATOR HELLFIRE 118,860 118,860
MISSILE.
009 SMALL DIAMETER BOMB.. 275,438 275,438
010 SMALL DIAMETER BOMB 212,434 200,684
II.
Unit cost growth. [-11,750]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 801 801
POL PREVENTION.
CLASS IV
012 ICBM FUZE MOD........ 5,000 5,000
013 ICBM FUZE MOD........ 14,497 14,497
014 MM III MODIFICATIONS. 50,831 59,705
Air Force [8,874]
requested
transfer.
015 AGM-65D MAVERICK..... 294 294
016 AIR LAUNCH CRUISE 77,387 68,513
MISSILE (ALCM).
Air Force [-8,874]
requested
transfer.
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE 144,553 144,553
PROGRAMS.
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS.. 849,521 849,521
TOTAL MISSILE 2,889,187 2,869,937
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 31,894 31,894
002 AF SATELLITE COMM 56,298 56,298
SYSTEM.
004 COUNTERSPACE SYSTEMS. 5,700 5,700
005 FAMILY OF BEYOND LINE- 34,020 29,020
OF-SIGHT TERMINALS.
Unjustified [-5,000]
growth.
007 GENERAL INFORMATION 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON..... 414,625 414,625
009 GPS III SPACE SEGMENT 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031
(COMSEC).
013 MILSATCOM............ 11,096 11,096
015 EVOLVED EXPENDABLE 1,237,635 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE).... 233,952 233,952
017 NUDET DETECTION 7,432 7,432
SYSTEM.
[[Page H9629]]
018 ROCKET SYSTEMS LAUNCH 11,473 11,473
PROGRAM.
019 SPACE FENCE.......... 71,784 71,784
020 SPACE MODS........... 106,330 106,330
021 SPACELIFT RANGE 118,140 118,140
SYSTEM SPACE.
SPACE PROCUREMENT,
AIR FORCE
SPARES
022 SPARES AND REPAIR 7,263 7,263
PARTS.
TOTAL SPACE 2,414,383 2,409,383
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 133,268 115,068
APKWS Mk 66 [-18,200]
rocket motor
price adjustment.
CARTRIDGES
002 CARTRIDGES........... 140,449 140,449
BOMBS
003 PRACTICE BOMBS....... 29,313 29,313
004 GENERAL PURPOSE BOMBS 85,885 85,885
006 JOINT DIRECT ATTACK 1,066,224 1,034,224
MUNITION.
Tailkit unit cost [-32,000]
adjustment.
007 B61.................. 80,773 80,773
OTHER ITEMS
009 CAD/PAD.............. 47,069 47,069
010 EXPLOSIVE ORDNANCE 6,133 6,133
DISPOSAL (EOD).
011 SPARES AND REPAIR 533 533
PARTS.
012 MODIFICATIONS........ 1,291 1,291
013 ITEMS LESS THAN 1,677 1,677
$5,000,000.
FLARES
015 FLARES............... 36,116 36,116
FUZES
016 FUZES................ 1,734 1,734
SMALL ARMS
017 SMALL ARMS........... 37,496 37,496
TOTAL 1,667,961 1,617,761
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,238 15,238
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 34,616 34,616
VEHICLE.
003 CAP VEHICLES......... 1,040 3,567
Program increase-- [1,867]
communications.
Program increase-- [660]
vehicles.
004 CARGO AND UTILITY 23,133 23,133
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 32,027 32,027
VEHICLE.
006 SECURITY AND TACTICAL 1,315 1,315
VEHICLES.
007 SPECIAL PURPOSE 14,593 14,593
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 28,604 28,604
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 21,848 21,848
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 2,925 2,925
CLEANING EQU.
011 BASE MAINTENANCE 55,776 55,776
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 91,461 91,461
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 11,386 11,386
TECH & ARCHITECTURES.
015 INTELLIGENCE TRAINING 7,619 7,619
EQUIPMENT.
016 INTELLIGENCE COMM 35,558 32,058
EQUIPMENT.
IMAD unjustified [-3,500]
procurement.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 17,939 17,939
LANDING SYS.
019 BATTLE CONTROL 3,063 3,063
SYSTEM--FIXED.
021 WEATHER OBSERVATION 31,447 31,447
FORECAST.
022 STRATEGIC COMMAND AND 5,090 5,090
CONTROL.
023 CHEYENNE MOUNTAIN 10,145 10,145
COMPLEX.
024 MISSION PLANNING 14,508 14,508
SYSTEMS.
026 INTEGRATED STRAT PLAN 9,901 9,901
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 26,933 26,933
TECHNOLOGY.
028 AF GLOBAL COMMAND & 2,756 2,756
CONTROL SYS.
029 BATTLEFIELD AIRBORNE 48,478 48,478
CONTROL NODE (BACN).
030 MOBILITY COMMAND AND 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 178,361
SECURITY SYSTEM.
032 COMBAT TRAINING 233,993 261,993
RANGES.
Joint threat [28,000]
emitters.
033 MINIMUM ESSENTIAL 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA 80,818 42,118
SURVEILLANCE (WAS).
Program decrease. [-38,700]
035 C3 COUNTERMEASURES... 25,036 25,036
[[Page H9630]]
036 INTEGRATED PERSONNEL 20,900 0
AND PAY SYSTEM.
Poor agile [-20,900]
implementation.
037 GCSS-AF FOS.......... 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337
SYSTEM.
041 AIR & SPACE 33,243 33,243
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 69,530 62,280
TRANSPT INFRAST
(BITI) WIRED.
Restoring [-7,250]
acquisition
accountability.
044 AFNET................ 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 20,190 20,190
047 USSTRATCOM........... 11,244 11,244
ORGANIZATION AND BASE
048 TACTICAL C-E 143,757 143,757
EQUIPMENT.
050 RADIO EQUIPMENT...... 15,402 15,402
051 CCTV/AUDIOVISUAL 3,211 3,211
EQUIPMENT.
052 BASE COMM 43,123 43,123
INFRASTRUCTURE.
MODIFICATIONS
053 COMM ELECT MODS...... 14,500 14,500
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 50,634 50,634
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 23,963 23,963
EQUIPMENT.
058 ENGINEERING AND EOD 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT... 26,439 26,439
060 FUELS SUPPORT 24,255 24,255
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 26,716 26,716
064 DCGS-AF.............. 116,055 116,055
066 SPECIAL UPDATE 835,148 835,148
PROGRAM.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 18,292,807 18,292,807
SPARES AND REPAIR
PARTS
067 SPARES AND REPAIR 81,340 81,340
PARTS.
TOTAL OTHER 21,342,857 21,303,034
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA 1,504 1,504
045 MAJOR EQUIPMENT, OSD. 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133
SECURITY PROGRAM
(ISSP).
Realignment to [-1,400]
DISA for
Sharkseer.
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS. 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718
SECURITY.
Realignment for [1,400]
Sharkseer.
009 TELEPORT PROGRAM..... 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669
ENTERPRISE.
016 JOINT REGIONAL 88,000 88,000
SECURITY STACKS
(JRSS).
017 JOINT SERVICE 107,907 107,907
PROVIDER.
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT...... 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT...... 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS. 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
028 THAAD................ 425,863 388,543
Unit cost savings [-37,320]
029 GROUND BASED 9,471 9,471
MIDCOURSE.
031 AEGIS BMD............ 600,773 565,374
SM-3 Block IB [-35,399]
multiyear unit
cost savings.
032 AEGIS BMD............ 96,995 96,995
033 BMDS AN/TPY-2 RADARS. 10,046 10,046
034 ARROW 3 UPPER TIER 55,000 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
036 AEGIS ASHORE PHASE 25,659 25,659
III.
037 IRON DOME............ 95,000 95,000
038 AEGIS BMD HARDWARE 124,986 124,986
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
[[Page H9631]]
003 PERSONNEL 5,030 5,030
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
025 VEHICLES............. 211 211
026 OTHER MAJOR EQUIPMENT 11,521 11,521
MAJOR EQUIPMENT,
DODEA
021 AUTOMATION/ 1,320 1,320
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 2,432 2,432
MAJOR EQUIPMENT,
DMACT
020 MAJOR EQUIPMENT...... 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES 172,020 172,020
AND SUSTAINMENT.
054 UNMANNED ISR......... 15,208 15,208
055 NON-STANDARD AVIATION 32,310 32,310
056 U-28................. 10,898 10,898
057 MH-47 CHINOOK........ 173,812 173,812
058 CV-22 MODIFICATION... 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338
VEHICLE.
060 PRECISION STRIKE 232,930 232,930
PACKAGE.
061 AC/MC-130J........... 173,419 165,019
RFCM realignment [-8,400]
to RDAF FVL.
062 C-130 MODIFICATIONS.. 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS... 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 279,992 279,992
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 100,641 100,641
066 DISTRIBUTED COMMON 12,522 12,522
GROUND/SURFACE
SYSTEMS.
067 OTHER ITEMS <$5M..... 103,910 103,910
068 COMBATANT CRAFT 33,088 33,088
SYSTEMS.
069 SPECIAL PROGRAMS..... 63,467 63,467
070 TACTICAL VEHICLES.... 77,832 77,832
071 WARRIOR SYSTEMS <$5M. 298,480 298,480
072 COMBAT MISSION 19,702 19,702
REQUIREMENTS.
073 GLOBAL VIDEO 4,787 4,787
SURVEILLANCE
ACTIVITIES.
074 OPERATIONAL 8,175 8,175
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 282,532 282,532
ENHANCEMENTS.
CBDP
076 CHEMICAL BIOLOGICAL 162,406 162,406
SITUATIONAL
AWARENESS.
077 CB PROTECTION & 188,188 183,618
HAZARD MITIGATION.
Unjustified [-4,570]
growth.
TOTAL 5,114,416 5,028,727
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
Program decrease. [-99,200]
TOTAL JOINT 99,200 0
URGENT
OPERATIONAL
NEEDS FUND.
TOTAL 132,343,701 133,100,265
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV............. 54,000 54,000
ROTARY
015 CH-47 HELICOPTER..... 25,000 25,000
MODIFICATION OF
AIRCRAFT
021 MULTI SENSOR ABN 80,260 80,260
RECON (MIP).
024 GRCS SEMA MODS (MIP). 750 750
026 EMARSS SEMA MODS 22,180 22,180
(MIP).
027 UTILITY/CARGO 8,362 8,362
AIRPLANE MODS.
029 NETWORK AND MISSION 10 10
PLAN.
031 DEGRADED VISUAL 49,450 49,450
ENVIRONMENT.
GROUND SUPPORT
AVIONICS
037 CMWS................. 130,219 130,219
038 COMMON INFRARED 9,310 9,310
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED 2,000 2,000
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 381,541 381,541
PROCUREMENT, ARMY.
[[Page H9632]]
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 37,938 37,938
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 4,389 4,389
SYSTEM SUMMARY.
011 GUIDED MLRS ROCKET 431,596 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 130,770 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE 83,300 83,300
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS......... 7,500 7,500
022 MLRS MODS............ 348,000 336,500
Excess to need... [-11,500]
TOTAL MISSILE 1,438,058 1,426,558
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 221,638 221,638
VEHICLE (AMPV).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 4,100 4,100
008 IMPROVED RECOVERY 80,146 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD). 13,100 13,100
WEAPONS & OTHER
COMBAT VEHICLES
015 M240 MEDIUM MACHINE 900 900
GUN (7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400
ANTI-PERSONNEL
WEAPONS.
019 MORTAR SYSTEMS....... 18,941 18,941
020 XM320 GRENADE 526 526
LAUNCHER MODULE
(GLM).
023 CARBINE.............. 1,183 1,183
025 COMMON REMOTELY 4,182 4,182
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 248 248
MOD OF WEAPONS AND
OTHER COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 353,454 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
003 CTG, HANDGUN, ALL 17 17
TYPES.
004 CTG, .50 CAL, ALL 189 189
TYPES.
007 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 36,052 36,052
RANGE M982.
016 ARTILLERY 7,271 7,271
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 148,682 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY 26,917 26,917
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734
TACTICAL TRUCK EXT
SERV.
014 TACTICAL WHEELED 50,000 50,000
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 28,000 28,000
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000
TECHNOLOGY MOD IN
SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE 6,930 6,930
TACTICAL COMMAND
COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778
NAVIGATION AND
TIMING.
032 SMART-T (SPACE)...... 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, 350 350
MIDS LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM 1,231 1,231
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 20,482
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 55,800 55,800
063 INSTALLATION INFO 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 38,613 38,613
070 TROJAN (MIP)......... 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051
(INTEL SPT) (MIP).
[[Page H9633]]
075 BIOMETRIC TACTICAL 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
082 FAMILY OF PERSISTENT 71,493 31,493
SURVEILLANCE CAP.
(MIP).
Unjustified [-40,000]
growth.
083 COUNTERINTELLIGENCE/ 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 20,000 20,000
086 NIGHT VISION DEVICES. 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
103 AIR & MSL DEFENSE 14,331 14,331
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 6,014 6,014
MODERNIZATION.
113 AUTOMATED DATA 32,700 32,700
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
124 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
125 BASE DEFENSE SYSTEMS 47,110 39,984
(BDS).
Unjustified [-7,126]
growth.
126 CBRN DEFENSE......... 18,711 17,461
Unit cost [-1,250]
discrepancies.
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 4,884 4,884
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
133 GRND STANDOFF MINE 4,500 3,655
DETECTN SYSM
(GSTAMIDS).
Program reduction [-845]
135 HUSKY MOUNTED 34,253 28,071
DETECTION SYSTEM
(HMDS).
Program reduction [-6,182]
136 ROBOTIC COMBAT 3,300 3,300
SUPPORT SYSTEM
(RCSS).
140 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 8 8
145 PERSONNEL RECOVERY 5,101 5,101
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 1,760 1,760
148 FORCE PROVIDER....... 56,400 56,400
150 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 13,986 13,986
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 2,735 2,735
MEDICAL.
CONSTRUCTION
EQUIPMENT
159 SCRAPERS, EARTHMOVING 4,669 4,669
160 LOADERS.............. 380 380
162 TRACTOR, FULL TRACKED 8,225 8,225
164 HIGH MOBILITY 3,000 3,000
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 3,870 3,870
167 ITEMS LESS THAN $5.0M 350 350
(CONST EQUIP).
GENERATORS
171 GENERATORS AND 2,436 2,436
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, 2,106 2,106
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 INTEGRATED FAMILY OF 1,395 1,395
TEST EQUIPMENT
(IFTE).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 24,122 24,122
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 10,016 10,016
SYSTEMS (OPA3).
187 MODIFICATION OF IN- 33,354 33,354
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 62,654 62,654
RELOCATABLE.
TOTAL OTHER 1,131,450 1,076,047
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
026 STUASL0 UAV.......... 7,921 7,921
027 MQ-9A REAPER......... 77,000 77,000
MODIFICATION OF
AIRCRAFT
036 EP-3 SERIES.......... 5,488 5,488
046 SPECIAL PROJECT 3,498 3,498
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 3,406 3,406
053 COMMON DEFENSIVE 3,274 3,274
WEAPON SYSTEM.
062 QRC.................. 18,458 18,458
TOTAL AIRCRAFT 119,045 119,045
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
011 JOINT AIR GROUND 90,966 90,966
MISSILE (JAGM).
015 AERIAL TARGETS....... 6,500 6,500
TOTAL WEAPONS 97,466 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
[[Page H9634]]
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 26,978 26,978
002 JDAM................. 12,263 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020
TYPES.
004 MACHINE GUN 33,577 33,577
AMMUNITION.
005 PRACTICE BOMBS....... 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537
DEMOLITION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 1,930 1,930
017 DIRECT SUPPORT 1,172 1,172
MUNITIONS.
018 INFANTRY WEAPONS 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT 965 965
MUNITIONS.
021 ARTILLERY MUNITIONS.. 32,047 32,047
TOTAL PROCUREMENT OF 204,814 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD 5,800 5,800
PROGRAMS.
ASW ELECTRONIC
EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173
VEHICLES.
109 GENERAL PURPOSE 408 408
TRUCKS.
111 FIRE FIGHTING 785 785
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 100 100
118 FIRST DESTINATION 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES 1,090 1,090
SUPPORT EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300
EQUIPMENT.
TOTAL OTHER 357,600 357,600
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 16,919 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS.......... 3,670 3,670
TOTAL PROCUREMENT, 20,589 20,589
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9................. 172,240 172,240
018 RQ-20B PUMA.......... 12,150 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT 53,335 53,335
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS.... 19,800 19,800
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 309,110 309,110
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 20,900 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 180,771 180,771
MISSILE.
TOTAL MISSILE 201,671 201,671
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 84,960 84,960
CARTRIDGES
002 CARTRIDGES........... 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS 545,309 545,309
FLARES
015 FLARES............... 93,272 93,272
[[Page H9635]]
FUZES
016 FUZES................ 157,155 157,155
SMALL ARMS
017 SMALL ARMS........... 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE 52,502 52,502
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE 11,837 11,837
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E 306 306
EQUIPMENT.
052 BASE COMM 4,300 4,300
INFRASTRUCTURE.
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT
EQUIPMENT
059 MOBILITY EQUIPMENT... 26,535 26,535
060 FUELS SUPPORT 4,040 4,040
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 3,209,066 3,209,066
TOTAL OTHER 3,538,098 3,538,098
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM..... 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 COUNTER IED & 4,590 4,590
IMPROVISED THREAT
TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 51,380 46,380
Program decrease. [-5,000]
AVIATION PROGRAMS
050 MANNED ISR........... 5,000 5,000
051 MC-12................ 5,000 5,000
052 MH-60 BLACKHAWK...... 28,100 28,100
054 UNMANNED ISR......... 8,207 8,207
056 U-28................. 31,500 31,500
057 MH-47 CHINOOK........ 37,500 37,500
059 MQ-9 UNMANNED AERIAL 1,900 1,900
VEHICLE.
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 138,252 138,252
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 16,500 16,500
067 OTHER ITEMS <$5M..... 28 28
070 TACTICAL VEHICLES.... 2,990 2,990
071 WARRIOR SYSTEMS <$5M. 37,512 37,512
072 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL 7,594 7,594
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 45,194 45,194
ENHANCEMENTS.
TOTAL PROCUREMENT, 447,047 442,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 265,000
Program increase. [265,000]
TOTAL NATIONAL GUARD 265,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 9,688,058 9,881,155
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS.
[[Page H9636]]
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OTHER PROCUREMENT,
NAVY
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 0 233,000
EQUIPMENT.
Earthquake damage [233,000]
recovery.
TOTAL PROCUREMENT, 233,000
NAVY.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
OTHER AIRCRAFT
055 RC-135............... 0 204,448
Equipment [204,448]
replacement.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 46,000
SUPPORT EQUIP.
Equipment [46,000]
replacement.
TOTAL AIRCRAFT 0 250,448
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 0 994
VEHICLES.
Equipment [994]
replacement.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 0 126
VEHICLES.
Equipment [126]
replacement.
SPECIAL PURPOSE
VEHICLES
007 SPECIAL PURPOSE 0 306
VEHICLES.
Equipment [306]
replacement.
FIRE FIGHTING
EQUIPMENT
009 MATERIALS HANDLING 0 276
VEHICLES.
Equipment [994]
replacement.
BASE MAINTENANCE
SUPPORT
011 BASE MAINTENANCE 0 2,400
SUPPORT VEHICLES.
Equipment [994]
replacement.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 0 49,434
EQUIPMENT.
Equipment [49,434]
replacement.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 0 29,438
Equipment [29,438]
replacement.
TOTAL OTHER 0 82,974
PROCUREMENT, AIR
FORCE.
TOTAL PROCUREMENT.... 0 566,422
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for emergency
requirements.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 297,976 307,976
.................................. Counter UAS University [5,000]
Research.
.................................. Cyber basic research.......... [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 65,858 75,858
.................................. Program increase.............. [10,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 95,164
CENTERS.
.................................. Program increase--artificial [5,000]
intelligence.
.................................. University and industry [4,000]
biotechnology research.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 454,980 483,980
..................................
.................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY.............. 26,961 31,961
.................................. Program increase--next [5,000]
generation air-breathing
propulsion technology.
011 0602142A ARMY APPLIED RESEARCH............. 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY...... 115,274 128,274
.................................. Expeditionary mobile base camp [5,000]
technology.
.................................. HEROES program................ [5,000]
.................................. UPL MDTF for INDOPACOM........ [3,000]
013 0602144A GROUND TECHNOLOGY................. 35,199 54,199
.................................. Advanced materials [2,000]
manufacturing process.
.................................. Biopolymer structural [2,000]
materials.
.................................. Cellulose structural materials [5,000]
.................................. High performance polymers [5,000]
research.
.................................. Manufacturing research [5,000]
technology.
[[Page H9637]]
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047
TECHNOLOGY.
.................................. Structural thermoplastics..... [6,000]
015 0602146A NETWORK C3I TECHNOLOGY............ 114,516 117,016
.................................. Next generation SAR small sat. [2,500]
016 0602147A LONG RANGE PRECISION FIRES 74,327 86,327
TECHNOLOGY.
.................................. Composite tube and propulsion [10,000]
technology.
.................................. Novel printed armament [2,000]
components.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 93,601 96,601
.................................. Program increase.............. [3,000]
018 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 50,771 50,771
020 0602213A C3I APPLIED CYBER................. 18,947 18,947
038 0602785A MANPOWER/PERSONNEL/TRAINING 20,873 20,873
TECHNOLOGY.
040 0602787A MEDICAL TECHNOLOGY................ 99,155 108,955
.................................. Female warfighter performance [2,000]
research.
.................................. Musculoskeletal injury risk [4,800]
mitigation.
.................................. Program increase.............. [3,000]
.................................. SUBTOTAL APPLIED RESEARCH...... 893,990 964,290
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
042 0603002A MEDICAL ADVANCED TECHNOLOGY....... 42,030 42,030
047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038
ADVANCED TECHNOLOGY.
050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338
DEVELOPMENT.
051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468
TECHNOLOGY.
.................................. Improvement of combat helmet [5,000]
suspension systems.
.................................. Thermal mitigation [5,000]
technologies.
052 0603119A GROUND ADVANCED TECHNOLOGY........ 12,593 35,593
.................................. 100 hour battery.............. [10,000]
.................................. Ground advanced technology for [5,000]
cold regions.
.................................. Lightweight protective and [3,000]
hardening materials.
.................................. Robotic construction research. [5,000]
059 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 13,769 13,769
060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755
MODERNIZATION PROGRAM.
.................................. Program increase.............. [40,000]
061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 174,035
ADVANCED TECHNOLOGY.
.................................. Ground vehicle sustainment [4,000]
research.
.................................. Program increase--hydrogen [10,000]
fuel cells.
062 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 106,899 103,899
.................................. Underexecution................ [-3,000]
063 0603464A LONG RANGE PRECISION FIRES 174,386 183,386
ADVANCED TECHNOLOGY.
.................................. Hypersonics research.......... [4,000]
.................................. Program increase missile [5,000]
demonstrations.
064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 151,640
TECHNOLOGY.
065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613
TECHNOLOGY.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,192,564
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 18,987
INTEGRATION.
.................................. Conventional mission [8,000]
capabilities.
074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148
ENGINEERING.
075 0603619A LANDMINE WARFARE AND BARRIER--ADV 92,915 92,915
DEV.
077 0603639A TANK AND MEDIUM CALIBER AMMUNITION 82,146 82,146
078 0603645A ARMORED SYSTEM MODERNIZATION--ADV 157,656 157,656
DEV.
079 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 6,514 6,514
080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 34,890
SYSTEM--ADV DEV.
081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 222,791
DEVELOPMENT.
.................................. IVAS insufficient [-28,220]
justification.
082 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 15,132 15,132
DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT..... 5,406 5,406
084 0603801A AVIATION--ADV DEV................. 459,290 534,890
.................................. Program increase: Future long- [75,600]
range assault aircraft.
085 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 6,254 6,254
ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV.......... 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT.............. 115,222 88,222
.................................. Early to need................. [-27,000]
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES.......... 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,745 35,745
SYSTEM (FTUAS).
.................................. Program adjustment............ [-5,000]
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 379,772
(LTAMD) SENSOR.
.................................. Rapid prototyping excess [-48,000]
funding.
094 0604115A TECHNOLOGY MATURATION INITIATIVES. 196,676 161,676
.................................. Insufficient schedule detail.. [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 33,100 29,400
(M-SHORAD).
.................................. Excess testing cost........... [-3,700]
097 0604119A ARMY ADVANCED COMPONENT 115,116 103,331
DEVELOPMENT & PROTOTYPING.
.................................. Early to need................. [-11,785]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761
REFINEMENT & PROTOTYPING.
.................................. Early to need (IVAS).......... [-25,000]
100 0604182A HYPERSONICS....................... 228,000 389,610
.................................. Transfer from RDTE Defense- [31,000]
Wide, line 124.
.................................. UPL accelerate Hypersonic [130,610]
Weapons System.
[[Page H9638]]
102 0604403A FUTURE INTERCEPTOR................ 8,000 0
.................................. Early to need................. [-8,000]
103 0604541A UNIFIED NETWORK TRANSPORT......... 39,600 29,700
.................................. Early to need................. [-9,900]
104 0604644A MOBILE MEDIUM RANGE MISSILE....... 20,000 10,000
.................................. Program decrease.............. [-10,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062
AND TIMING (PNT).
.................................. Project cancellation.......... [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.... 104,996 104,996
.................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,920,460
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS................. 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS.......... 106,121 106,121
114 0604604A MEDIUM TACTICAL VEHICLES.......... 2,152 2,152
115 0604611A JAVELIN........................... 17,897 16,055
.................................. Qualification testing early to [-1,842]
need.
116 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 16,745 16,745
117 0604633A AIR TRAFFIC CONTROL............... 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,465 2,965
.................................. Program reduction............. [-7,500]
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 293,964
(ASM)--ENG DEV.
.................................. Program delay................. [-16,188]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 181,732 166,732
.................................. Insufficient justification [-15,000]
(IVAS).
121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393
EQUIPMENT.
122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412
DEV.
123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 43,502
INTELLIGENCE--ENG DEV.
124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636
DEVELOPMENT.
125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915
DEVELOPMENT.
126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801
SIMULATIONS (DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000
(BAT).
.................................. PFAL excess................... [-5,000]
128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241
(CATT) CORE.
129 0604798A BRIGADE ANALYSIS, INTEGRATION AND 42,634 38,303
EVALUATION.
.................................. RCO support excess............ [-4,331]
130 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 181,023 181,023
131 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 103,226 103,226
ENG DEV.
132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595
SYSTEMS--ENG DEV.
133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
134 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 39,208 39,208
135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137
HARDWARE & SOFTWARE.
.................................. CPI2 testing previously funded [-2,500]
136 0604820A RADAR DEVELOPMENT................. 105,243 105,243
137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 46,683
SYSTEM (GFEBS).
138 0604823A FIREFINDER........................ 17,294 17,294
139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 5,803 5,803
140 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 98,698 118,698
SYSTEMS--EMD.
.................................. Program increase for vehicle [30,000]
active protection system
evaluation.
.................................. Program reduction............. [-10,000]
141 0604854A ARTILLERY SYSTEMS--EMD............ 15,832 15,832
142 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 126,537 71,537
.................................. Historical underexecution..... [-10,000]
.................................. Program decrease.............. [-45,000]
143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 92,073
SYSTEM-ARMY (IPPS-A).
.................................. Poor business process [-50,700]
reengineering.
144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 92,130
(AMPV).
.................................. Program reduction............. [-4,600]
145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699
SURVEILLANCE RESPONSE CAPABILITY
(IGSSR-C).
146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882
(JTNC).
147 0605031A JOINT TACTICAL NETWORK (JTN)...... 40,808 40,808
149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
150 0605034A TACTICAL SECURITY SYSTEM (TSS).... 6,928 6,928
151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488
(CIRCM).
152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000
DESTRUCTION (CWMD).
154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 62,262 45,662
.................................. Contract delays............... [-10,000]
.................................. Excess growth................. [-6,600]
156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 29,254
(LOW-TIER).
.................................. Excess growth................. [-6,400]
157 0605047A CONTRACT WRITING SYSTEM........... 19,682 19,682
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,557 64,557
160 0605052A INDIRECT FIRE PROTECTION 243,228 236,428
CAPABILITY INC 2--BLOCK 1.
.................................. EMAM development ahead of need [-6,800]
161 0605053A GROUND ROBOTICS................... 41,308 28,508
.................................. Excess to requirement......... [-12,800]
162 0605054A EMERGING TECHNOLOGY INITIATIVES... 45,896 31,616
.................................. Testing and evaluation excess [-4,280]
growth.
[[Page H9639]]
.................................. Unjustified request........... [-10,000]
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 9,500 9,500
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 193,938
DEFENSE (AIAMD).
.................................. Testing and evaluation excess [-15,000]
growth.
167 0605625A MANNED GROUND VEHICLE............. 378,400 228,400
.................................. Program decrease.............. [-150,000]
168 0605766A NATIONAL CAPABILITIES INTEGRATION 7,835 7,835
(MIP).
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
.................................. Army requested realignment [4,500]
from OPA 7.
170 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,664 1,664
172 0303032A TROJAN--RH12...................... 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 19,675 19,675
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,189,390
DEMONSTRATION.
..................................
.................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,117 16,117
.................................. Cybersecurity threat [2,000]
simulation.
177 0604258A TARGET SYSTEMS DEVELOPMENT........ 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT.............. 136,565 136,565
179 0605103A RAND ARROYO CENTER................ 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL.............. 238,691 238,691
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 42,922 36,922
.................................. Program reduction............. [-6,000]
183 0605601A ARMY TEST RANGES AND FACILITIES... 334,468 334,468
184 0605602A ARMY TECHNICAL TEST 46,974 51,974
INSTRUMENTATION AND TARGETS.
.................................. Program increase--space and [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION............ 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS..... 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.... 52,723 52,723
191 0605716A ARMY EVALUATION CENTER............ 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES............ 58,175 58,175
194 0605803A TECHNICAL INFORMATION ACTIVITIES.. 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 44,458
EFFECTIVENESS AND SAFETY.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291
TECHNOLOGY.
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,500 4,500
VULNERABILITIES.
.................................. SUBTOTAL RDT&E MANAGEMENT 1,286,625 1,287,625
SUPPORT.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 22,877 19,877
.................................. HIMARS excess growth.......... [-3,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES (LRPF). 164,182 164,182
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 168,371
PROGRAM.
.................................. Program reduction............. [-6,000]
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 0
PROGRAM.
.................................. Program reduction............. [-4,545]
214 0607139A IMPROVED TURBINE ENGINE PROGRAM... 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 21,130
IMPROVEMENT AND DEVELOPMENT.
.................................. Integrated munitions launcher [-3,091]
early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 32,016 25,516
PRODUCTS.
.................................. Program reduction............. [-6,500]
218 0607145A APACHE FUTURE DEVELOPMENT......... 5,448 448
.................................. Unjustified request........... [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS.............. 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT....... 96,430 63,630
.................................. Excess growth................. [-32,800]
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 290,545
PROGRAMS.
.................................. Early to need................. [-41,918]
.................................. Program support excess growth. [-2,000]
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 192,746
IMPROVEMENTS.
.................................. Program reduction............. [-21,500]
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 13,778
IMPROVEMENT PROGRAMS.
.................................. Excess to need................ [-2,708]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION...................... 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287
IMPROVEMENT PROGRAM.
234 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 732 732
OPERATIONAL SYSTEM DEV.
[[Page H9640]]
235 0205456A LOWER TIER AIR AND MISSILE DEFENSE 107,746 99,746
(AMD) SYSTEM.
.................................. Testing excess to need........ [-8,000]
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594
SYSTEM (GMLRS).
.................................. Testing excess to need........ [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 68,976 48,376
.................................. Program decrease.............. [-20,600]
241 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 2,073 2,073
SYSTEM.
245 0305179A INTEGRATED BROADCAST SERVICE (IBS) 459 459
246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 5,097 5,097
247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 11,177 11,177
248 0305208A DISTRIBUTED COMMON GROUND/SURFACE 38,121 38,121
SYSTEMS.
250 0305232A RQ-11 UAV......................... 3,218 3,218
251 0305233A RQ-7 UAV.......................... 7,817 7,817
252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,000 2,000
253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 67,848
ACTIVITIES.
.................................. Nanoscale materials [3,000]
manufacturing.
.................................. Program increase--additive [5,000]
manufacturing technology
insertion.
254 1203142A SATCOM GROUND ENVIRONMENT (SPACE). 34,169 34,169
255 1208053A JOINT TACTICAL GROUND SYSTEM...... 10,275 10,275
255A 9999999999 CLASSIFIED PROGRAMS............... 7,273 7,273
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,819,164
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -159,662
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,192,771 11,857,473
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,850 146,850
.................................. Advanced radar research....... [5,000]
.................................. Cyber basic research.......... [10,000]
.................................. Defense University research [5,000]
initiatives.
.................................. Program increase.............. [10,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 470,007 470,007
.................................. SUBTOTAL BASIC RESEARCH........ 605,978 635,978
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 18,546 25,546
.................................. Hypersonic testing facilities. [7,000]
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 119,517 166,017
.................................. Carbon capture................ [8,000]
.................................. Electric propulsion research.. [2,500]
.................................. Energy resilience............. [5,000]
.................................. Energy resilience research.... [3,000]
.................................. Hybrid composite struct. res. [5,000]
enhanced mobility.
.................................. Navy power and energy systems [5,000]
technology.
.................................. Program increase.............. [10,000]
.................................. Test bed for autonomous ship [8,000]
systems.
006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604
TECHNOLOGY.
.................................. Interdisciplinary [5,000]
expeditionary cybersecurity
research.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 49,297 44,297
.................................. Coordinate space activities... [-5,000]
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 63,825
RESEARCH.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,075 74,075
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Resident autonomous undersea [7,000]
robotics.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 154,755 154,755
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 153,062 153,062
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 73,961 73,961
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 936,453 1,006,953
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847
DEMONSTRATION (ATD).
.................................. Program increase--modular [5,000]
advanced armed robotic system.
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 231,907 231,907
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,138 65,138
.................................. Program increase.............. [5,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,303 150,330
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Electromagnetic railgun....... [10,000]
.................................. Funds excess to requirements.. [-7,973]
[[Page H9641]]
.................................. Program increase.............. [15,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 769,237
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 32,643 38,643
.................................. Program increase for 1 REMUS [6,000]
600 vehicle.
029 0603216N AVIATION SURVIVABILITY............ 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS.................. 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT........... 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 64,694 64,694
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 310,500
COUNTERMEASURES.
.................................. Reduce one LUSV............... [-86,500]
.................................. VLS concept design and LLTM [-110,000]
early to need.
035 0603506N SURFACE SHIP TORPEDO DEFENSE...... 15,800 7,242
.................................. Excess sundown costs.......... [-8,558]
036 0603512N CARRIER SYSTEMS DEVELOPMENT....... 4,997 4,997
037 0603525N PILOT FISH........................ 291,148 186,328
.................................. Program adjustment............ [-104,820]
038 0603527N RETRACT LARCH..................... 11,980 11,980
039 0603536N RETRACT JUNIPER................... 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL.............. 689 689
041 0603553N SURFACE ASW....................... 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 120,046
DEVELOPMENT.
.................................. Program decrease.............. [-19,000]
.................................. Project 9710: Unjustified new [-9,710]
start.
043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 11,192 11,192
044 0603563N SHIP CONCEPT ADVANCED DESIGN...... 81,846 57,846
.................................. Future surface combatant [-24,000]
concept development.
045 0603564N SHIP PRELIMINARY DESIGN & 69,084 22,584
FEASIBILITY STUDIES.
.................................. Early to need................. [-46,500]
046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 181,652 181,652
047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 25,408 155,408
.................................. Program increase.............. [5,000]
.................................. Surface combatant component- [125,000]
level prototyping.
048 0603576N CHALK EAGLE....................... 64,877 64,877
049 0603581N LITTORAL COMBAT SHIP (LCS)........ 9,934 9,934
050 0603582N COMBAT SYSTEM INTEGRATION......... 17,251 17,251
051 0603595N OHIO REPLACEMENT.................. 419,051 434,051
.................................. Accelerate advanced propulsor [15,000]
development.
052 0603596N LCS MISSION MODULES............... 108,505 105,595
.................................. Available prior year funds due [-2,910]
to SUW MP testing delay.
053 0603597N AUTOMATED TEST AND ANALYSIS....... 7,653 7,653
054 0603599N FRIGATE DEVELOPMENT............... 59,007 59,007
055 0603609N CONVENTIONAL MUNITIONS............ 9,988 9,988
056 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 86,464 16,477
SYSTEM.
.................................. Insufficient justification and [-69,987]
contract delay.
057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478
DEVELOPMENT.
058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619
DEVELOPMENT.
059 0603721N ENVIRONMENTAL PROTECTION.......... 20,564 20,564
060 0603724N NAVY ENERGY PROGRAM............... 26,514 49,514
.................................. Battery development and safety [13,000]
enterprise.
.................................. Marine energy systems for [10,000]
sensors and microgrids.
061 0603725N FACILITIES IMPROVEMENT............ 3,440 3,440
062 0603734N CHALK CORAL....................... 346,800 310,400
.................................. Insufficient budget [-36,400]
justification.
063 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,857 3,857
064 0603746N RETRACT MAPLE..................... 258,519 258,519
065 0603748N LINK PLUMERIA..................... 403,909 396,509
.................................. Insufficient budget [-7,400]
justification.
066 0603751N RETRACT ELM....................... 63,434 63,434
067 0603764N LINK EVERGREEN.................... 184,110 184,110
068 0603790N NATO RESEARCH AND DEVELOPMENT..... 7,697 7,697
069 0603795N LAND ATTACK TECHNOLOGY............ 9,086 9,086
070 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,466 28,466
071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341
LANDING SYSTEMS--DEM/VAL.
072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169
WEAPON SYSTEMS.
073 0604014N F/A -18 INFRARED SEARCH AND TRACK 113,456 112,456
(IRST).
.................................. Program delay................. [-1,000]
074 0604027N DIGITAL WARFARE OFFICE............ 50,120 25,120
.................................. Artificial intelligence [-10,000]
development operations
unjustified growth.
.................................. Program decrease.............. [-15,000]
075 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 32,527 32,527
VEHICLES.
076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376
TECHNOLOGIES.
077 0604030N RAPID PROTOTYPING, EXPERIMENTATION 36,197 36,197
AND DEMONSTRATION..
078 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 68,310 68,310
079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 112,310
AIRCRAFT CARRIER (CVN 78--80).
.................................. Integrated digital [-9,000]
shipbuilding insufficient
budget justification.
080 0604126N LITTORAL AIRBORNE MCM............. 17,248 17,248
081 0604127N SURFACE MINE COUNTERMEASURES...... 18,735 18,735
082 0604272N TACTICAL AIR DIRECTIONAL INFRARED 68,346 58,449
COUNTERMEASURES (TADIRCM).
.................................. Excess to need................ [-9,897]
[[Page H9642]]
084 0604289M NEXT GENERATION LOGISTICS......... 4,420 13,420
.................................. Additive manufacturing [9,000]
logistics software pilot.
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558
PROTOTYPE.
086 0604454N LX (R)............................ 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING..... 181,967 181,967
088 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,500 5,500
(C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 688,148
DEVELOPMENT PROGRAM.
.................................. Excess growth................. [-30,000]
090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 5,263 5,263
ARCHITECTURE/ENGINEERING SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657
AIRCRAFT SYSTEM.
.................................. KMAX Large Unmanned Logistics [18,500]
System USMC unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,159,880
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT............ 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV........... 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT............. 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM............ 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM........... 77,232 77,232
106 0604234N ADVANCED HAWKEYE.................. 232,752 232,752
107 0604245M H-1 UPGRADES...................... 65,359 65,359
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,013 47,013
110 0604262N V-22A............................. 185,105 190,105
.................................. Increase reliability and [5,000]
reduce vibrations of V-22
nacelles.
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,172 21,172
112 0604269N EA-18............................. 143,585 133,585
.................................. Unjustified cost growth....... [-10,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 116,811 109,651
.................................. Unjustified request........... [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ)...... 524,261 448,261
.................................. Underexecution................ [-76,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 192,345 190,845
(JTRS-NAVY).
.................................. Early to need................. [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 90,922
INCREMENT II.
.................................. Program reduction............. [-20,146]
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 413,684
ENGINEERING.
.................................. Aegis development support [-1,941]
studies and analysis early to
need.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)......... 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS..... 232,391 232,391
123 0604373N AIRBORNE MCM...................... 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS...... 34,554 34,554
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 84,663 84,663
127 0604504N AIR CONTROL....................... 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 52,349
(AMDR) SYSTEM.
.................................. Engineering changes testing [-3,000]
and evaluation early to need.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 123,490 123,490
132 0604558N NEW DESIGN SSN.................... 121,010 221,010
.................................. Accelerate capability [100,000]
development.
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,426 62,426
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 46,809
T&E.
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,692 3,692
137 0604601N MINE DEVELOPMENT.................. 28,964 28,964
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 148,349 115,541
.................................. Excess to need................ [-32,808]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 22,000 22,000
SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 18,725 16,225
.................................. Excess to need................ [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 180,085
CONTROL).
.................................. Project 2178 prior year [-12,518]
carryover.
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 121,630
KILL).
.................................. Project 2070 excess test [-15,638]
assets.
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING.......... 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............... 8,181 8,181
148 0604777N NAVIGATION/ID SYSTEM.............. 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 1,494 1,494
154 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 384,162 268,364
.................................. Program decrease.............. [-36,000]
[[Page H9643]]
.................................. Unjustified growth over FY19 [-79,798]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 4,882 4,882
156 0605212M CH-53K RDTE....................... 516,955 516,955
158 0605215N MISSION PLANNING.................. 75,886 75,886
159 0605217N COMMON AVIONICS................... 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 4,909 19,909
.................................. Expand development and use of [15,000]
composite materials.
161 0605327N T-AO 205 CLASS.................... 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA)... 671,258 657,098
.................................. UMCS excess to need........... [-14,160]
163 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 18,393 18,393
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
.................................. Early to need................. [-2,201]
.................................. Excess growth................. [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000.......................... 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,130,663
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 66,678 66,678
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,027 12,027
176 0604759N MAJOR T&E INVESTMENT.............. 85,348 85,348
178 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,908 3,908
179 0605154N CENTER FOR NAVAL ANALYSES......... 47,669 47,669
180 0605285N NEXT GENERATION FIGHTER........... 20,698 20,698
182 0605804N TECHNICAL INFORMATION SERVICES.... 988 988
183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401
INTERNATIONAL SUPPORT.
184 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,742 3,742
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 93,872 93,872
187 0605864N TEST AND EVALUATION SUPPORT....... 394,020 394,020
188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,773 15,773
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 37,265 29,265
.................................. Unjustified growth............ [-8,000]
192 0605898N MANAGEMENT HQ--R&D................ 39,673 39,673
193 0606355N WARFARE INNOVATION MANAGEMENT..... 28,750 28,750
196 0305327N INSIDER THREAT.................... 2,645 2,645
197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 990,464 982,464
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
202 0604227N HARPOON MODIFICATIONS............. 2,302 2,302
203 0604840M F-35 C2D2......................... 422,881 422,881
204 0604840N F-35 C2D2......................... 383,741 383,741
205 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 127,924 127,924
(CEC).
207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 113,492
SUPPORT.
.................................. D5LE2 unjustified request..... [-44,184]
208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 43,354 43,354
209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815
DEVELOPMENT.
210 0101402N NAVY STRATEGIC COMMUNICATIONS..... 31,174 31,174
211 0204136N F/A-18 SQUADRONS.................. 213,715 208,215
.................................. Block III support prior year [-7,500]
carryover.
.................................. Jet noise reduction research.. [2,000]
213 0204228N SURFACE SUPPORT................... 36,389 36,389
214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 286,799
PLANNING CENTER (TMPC).
.................................. JMEWS schedule delays......... [-12,098]
.................................. Maritime strike schedule [-21,237]
delays.
215 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 88,382 103,382
.................................. Additional TRAPS units........ [15,000]
216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449
SYSTEMS.
217 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 6,931 6,931
(DISPLACEMENT CRAFT).
218 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 23,891 23,891
ATOR).
219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873
DEVELOPMENT.
221 0204575N ELECTRONIC WARFARE (EW) READINESS 82,325 62,434
SUPPORT.
.................................. Prior year carryover.......... [-19,891]
222 0205601N HARM IMPROVEMENT.................. 138,431 132,371
.................................. AARGM ER test schedule [-6,060]
discrepancy.
224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572
INTEGRATION.
225 0205632N MK-48 ADCAP....................... 85,973 85,973
226 0205633N AVIATION IMPROVEMENTS............. 125,461 125,461
227 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 106,192 106,192
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317
SYSTEMS.
.................................. Program delay................. [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 42,761
SUPPORT.
[[Page H9644]]
.................................. Airborne Power Generation Tech [5,000]
Development.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 5,476 5,476
234 0207161N TACTICAL AIM MISSILES............. 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 39,029
MISSILE (AMRAAM).
239 0303109N SATELLITE COMMUNICATIONS (SPACE).. 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913
(MIP) ACTIVITIES.
244 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,451 9,451
245 0305205N UAS INTEGRATION AND 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/SURFACE 22,042 22,042
SYSTEMS.
248 0305220N MQ-4C TRITON...................... 11,784 11,784
249 0305231N MQ-8 UAV.......................... 29,618 29,618
250 0305232M RQ-11 UAV......................... 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545
(STUASL0).
252 0305239M RQ-21A............................ 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION................ 202,346 185,446
.................................. IFC 5.0 concurrency........... [-16,900]
256 0308601N MODELING AND SIMULATION SUPPORT... 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)........ 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE).. 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............... 1,613,137 1,613,137
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 4,989,429
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -114,870
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 20,270,499 19,674,604
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 158,859 163,859
.................................. Program increase.............. [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 529,761 534,761
..................................
.................................. APPLIED RESEARCH
004 0602102F MATERIALS......................... 128,851 152,851
.................................. Advanced materials high energy [4,000]
x-ray.
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. Advanced thermal protection [5,000]
systems.
.................................. Program increase.............. [10,000]
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 147,724 147,724
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION.............. 198,775 208,775
.................................. Educational partnership [5,000]
agreements for next generation
liquid propulsion.
.................................. Electrical power/thermal [5,000]
management systems.
008 0602204F AEROSPACE SENSORS................. 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 7,968 7,968
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES AND 181,562 199,562
METHODS.
.................................. Detection and countering of [5,000]
adversarial UAS.
.................................. Quantum Information Science [8,000]
Innovation Center.
.................................. Quantum science............... [5,000]
015 0602890F HIGH ENERGY LASER RESEARCH........ 44,221 44,221
016 1206601F SPACE TECHNOLOGY.................. 124,667 124,667
.................................. SUBTOTAL APPLIED RESEARCH...... 1,435,626 1,487,626
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586
SYSTEMS.
.................................. Metals affordability [5,000]
initiative.
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,249 16,249
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 102,949 202,949
.................................. Low cost attritable aircraft [100,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 128,973
TECHNOLOGY.
.................................. Advanced turbine engine gas [10,000]
generator.
.................................. Electrical power systems...... [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 48,408 48,408
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 70,525 73,525
.................................. Strategic radiation hardened [3,000]
microelectronic processors.
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY....... 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 43,116 66,116
.................................. Advanced materials and [7,000]
materials manufacturing.
.................................. Aerospace composites [10,000]
manufacturing.
[[Page H9645]]
.................................. Program increase.............. [6,000]
029 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,414 56,414
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 985,153
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,672 5,672
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT....... 878,442 878,442
038 0604015F LONG RANGE STRIKE--BOMBER......... 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING....... 10,000 20,000
.................................. High-value airborne asset [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING........... 576,000 576,000
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600
IMPROVEMENTS.
.................................. Program increase.............. [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,145 23,145
043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669
(NAOC) RECAP.
044 0604317F TECHNOLOGY TRANSFER............... 23,614 23,614
045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121
DEFEAT SYSTEM (HDBTDS) PROGRAM.
046 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 56,325 56,325
ACS.
047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034
ENTERPRISE R&D.
048 0604858F TECH TRANSITION PROGRAM........... 128,476 134,476
.................................. Rapid repair.................. [6,000]
049 0605230F GROUND BASED STRATEGIC DETERRENT.. 570,373 552,395
.................................. Program reduction............. [-40,000]
.................................. Technical adjustment for NC3.. [22,022]
050 0207100F LIGHT ATTACK ARMED RECONNAISSANCE 35,000 35,000
(LAAR) SQUADRONS.
051 0207110F NEXT GENERATION AIR DOMINANCE..... 1,000,000 955,000
.................................. Cost-risk associated with [-45,000]
development profile.
052 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 37,290 37,290
(3DELRR).
053 0208099F UNIFIED PLATFORM (UP)............. 10,000 10,000
054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910
(CDL EA).
055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000
FORCE SUPPORT.
056 0305601F MISSION PARTNER ENVIRONMENTS...... 8,550 8,550
057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 240,064
DEVELOPMENT.
.................................. Accelerate development of [13,600]
Cyber National Mission Force
capabilities.
.................................. ETERNALDARKNESS............... [7,100]
.................................. Joint Common Access Platform.. [20,500]
058 0306415F ENABLED CYBER ACTIVITIES.......... 16,632 16,632
060 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,830 20,830
SYSTEM.
061 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM 329,948 329,948
(USER EQUIPMENT) (SPACE).
062 1203710F EO/IR WEATHER SYSTEMS............. 101,222 101,222
063 1206422F WEATHER SYSTEM FOLLOW-ON.......... 225,660 205,660
.................................. Unjustified growth............ [-20,000]
064 1206425F SPACE SITUATION AWARENESS SYSTEMS. 29,776 29,776
065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 142,045
TRANSITIONS (SSPT).
067 1206438F SPACE CONTROL TECHNOLOGY.......... 64,231 59,231
.................................. Unjustified growth............ [-5,000]
068 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,385 56,385
069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003
SERVICE (PTES).
070 1206761F PROTECTED TACTICAL SERVICE (PTS).. 173,694 163,694
.................................. Unjustified growth............ [-10,000]
071 1206855F EVOLVED STRATEGIC SATCOM (ESS).... 172,206 172,206
072 1206857F SPACE RAPID CAPABILITIES OFFICE... 33,742 23,742
.................................. Program decrease.............. [-10,000]
.................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 8,417,501
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 246,200 0
PROGRAMS.
.................................. Excess to need................ [-246,200]
074 0604201F PNT RESILIENCY, MODS, AND 67,782 148,782
IMPROVEMENTS.
.................................. UPL M-Code Acceleration....... [81,000]
075 0604222F NUCLEAR WEAPONS SUPPORT........... 4,406 4,406
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,066 2,066
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 229,631 210,331
.................................. Prior-year carryover.......... [-19,300]
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 9,700 9,700
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 31,241 41,241
.................................. Program efficiency initiative. [10,000]
080 0604429F AIRBORNE ELECTRONIC ATTACK........ 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 28,043 28,043
082 0604604F SUBMUNITIONS...................... 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT.............. 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS.............. 8,624 8,624
085 0604735F COMBAT TRAINING RANGES............ 37,365 37,365
086 0604800F F-35--EMD......................... 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON........ 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION........... 161,199 161,199
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,000 30,000
[[Page H9646]]
093 0605221F KC-46............................. 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING........... 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER.......... 247,047 247,047
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION..... 27,564 27,564
100 0101213F MINUTEMAN SQUADRONS............... 1 1
101 0207171F F-15 EPAWSS....................... 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON............ 162,840 162,840
103 0207701F FULL COMBAT MISSION TRAINING...... 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B............................ 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS............ 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.... 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF)...... 462,875 452,875
.................................. Unjustified growth............ [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829
OPERATIONS.
.................................. GBOSS unjustified growth...... [-20,000]
112 1206421F COUNTERSPACE SYSTEMS.............. 29,037 29,037
113 1206422F WEATHER SYSTEM FOLLOW-ON.......... 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS SYSTEMS. 412,894 412,894
116 1206431F ADVANCED EHF MILSATCOM (SPACE).... 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)........... 427,400 401,400
.................................. Prior year carryover.......... [-26,000]
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).... 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR.............. 1,395,278 1,395,278
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 5,000
INTEGRATION.
.................................. Accelerate integration of [5,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,244 6,703,744
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT...... 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT.............. 181,663 219,663
.................................. Telemetry extension SATCOM [2,000]
relay.
.................................. UPL M-Code Acceleration....... [36,000]
125 0605101F RAND PROJECT AIR FORCE............ 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT....... 717,895 717,895
129 0605826F ACQ WORKFORCE- GLOBAL POWER....... 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 251,992 251,992
SYS.
131 0605828F ACQ WORKFORCE- GLOBAL REACH....... 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 160,196 160,196
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 220,255
INTEGRATION.
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D................ 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E................ 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT SUPPORT 5,913 5,913
144 0804731F GENERAL SKILL TRAINING............ 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES.......... 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 19,942
DEVELOPMENT.
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 13,192
(SPACE).
151 1206864F SPACE TEST PROGRAM (STP).......... 26,097 26,097
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,916,571 2,954,571
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
152 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 35,611 33,611
(ABMS).
.................................. Program increase--sensor [8,000]
fusion and artificial
intelligence technology.
.................................. Unjustified request........... [-10,000]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584
TRAINING.
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2......................... 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 40,567
SYSTEM (AF-IPPS).
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E............. 17,218 17,218
162 0606018F NC3 INTEGRATION................... 25,917 25,917
164 0101113F B-52 SQUADRONS.................... 325,974 325,974
165 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 10,217 10,217
166 0101126F B-1B SQUADRONS.................... 1,000 1,000
167 0101127F B-2 SQUADRONS..................... 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............... 128,961 128,961
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177
COMMUNICATIONS.
[[Page H9647]]
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES............. 75,571 41,271
.................................. Program delay................. [-34,300]
174 0102110F UH-1N REPLACEMENT PROGRAM......... 170,975 170,975
176 0205219F MQ-9 UAV.......................... 154,996 127,296
.................................. Program reduction............. [-27,700]
178 0207131F A-10 SQUADRONS.................... 36,816 36,816
179 0207133F F-16 SQUADRONS.................... 193,013 193,013
180 0207134F F-15E SQUADRONS................... 336,079 319,829
.................................. Unjustified F-15C requirements [-16,250]
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,521 15,521
182 0207138F F-22A SQUADRONS................... 496,298 496,298
183 0207142F F-35 SQUADRONS.................... 99,943 99,943
184 0207161F TACTICAL AIM MISSILES............. 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384
MISSILE (AMRAAM).
186 0207227F COMBAT RESCUE--PARARESCUE......... 281 281
187 0207247F AF TENCAP......................... 21,365 21,365
188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696
PROCUREMENT.
189 0207253F COMPASS CALL...................... 15,888 15,888
190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 112,505
IMPROVEMENT PROGRAM.
191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498
MISSILE (JASSM).
192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 114,864
(AOC).
193 0207412F CONTROL AND REPORTING CENTER (CRC) 8,109 8,109
194 0207417F AIRBORNE WARNING AND CONTROL 67,996 67,996
SYSTEM (AWACS).
195 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS. 2,462 2,462
197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668
ACTIVITIES.
198 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 6,217 6,217
200 0207452F DCAPES............................ 19,910 19,910
201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788
FORENSICS.
202 0207590F SEEK EAGLE........................ 28,237 28,237
203 0207601F USAF MODELING AND SIMULATION...... 15,725 15,725
204 0207605F WARGAMING AND SIMULATION CENTERS.. 4,316 4,316
205 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 26,946 26,946
206 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,303 4,303
207 0208006F MISSION PLANNING SYSTEMS.......... 71,465 71,465
208 0208007F TACTICAL DECEPTION................ 7,446 7,446
209 0208064F OPERATIONAL HQ--CYBER............. 7,602 7,602
210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178
OPERATIONS.
211 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 16,609 16,609
212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603
(JCC2).
213 0208099F UNIFIED PLATFORM (UP)............. 84,702 84,702
219 0301025F GEOBASE........................... 2,723 2,723
220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 70,173 42,623
CENTER (NAOC).
.................................. Unclear acquisition strategy.. [-27,550]
228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 13,543
COMMUNICATIONS NETWORK (MEECN).
229 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 15,881 15,881
230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726
PROGRAM.
232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210
INITIATIVE.
234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 150,880
(MDC2).
235 0304260F AIRBORNE SIGINT ENTERPRISE........ 102,667 85,167
.................................. Common development ahead of [-8,500]
need.
.................................. Program reduction............. [-9,000]
236 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,431 3,431
239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313
SERVICES.
240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121
TECHNOLOGY.
241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000
DVMT (IMAD).
.................................. Unjustified request........... [-16,000]
242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544
(GATM).
243 0305111F WEATHER SERVICE................... 25,461 27,461
.................................. Commercial weather data pilot. [2,000]
244 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 5,651 5,651
LANDING SYSTEM (ATCALS).
245 0305116F AERIAL TARGETS.................... 7,448 7,448
248 0305128F SECURITY AND INVESTIGATIVE 425 425
ACTIVITIES.
249 0305145F ARMS CONTROL IMPLEMENTATION....... 54,546 54,546
250 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,858 6,858
ACTIVITIES.
252 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,728 8,728
253 0305202F DRAGON U-2........................ 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 122,909 132,909
.................................. Program increase for Gorgon [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS..... 11,787 11,787
257 0305208F DISTRIBUTED COMMON GROUND/SURFACE 25,009 25,009
SYSTEMS.
258 0305220F RQ-4 UAV.......................... 191,733 191,733
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757
TARGETING.
260 0305238F NATO AGS.......................... 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE........ 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION........... 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,133 2,133
(PRC2).
265 0307577F INTELLIGENCE MISSION DATA (IMD)... 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON............ 140,425 101,425
[[Page H9648]]
.................................. Contract award savings........ [-39,000]
267 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF)................ 25,101 25,101
269 0401132F C-130J PROGRAM.................... 8,640 8,640
270 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,424 5,424
(LAIRCM).
272 0401219F KC-10S............................ 20 20
274 0401318F CV-22............................. 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)........ 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 539 539
281 0804743F OTHER FLIGHT TRAINING............. 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES........ 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION.......... 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 46,789 46,789
SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 988 988
ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS TERMINALS 197,388 177,388
(FAB-T).
.................................. FET schedule slip............. [-15,000]
.................................. Unjustified growth............ [-5,000]
294 1203110F SATELLITE CONTROL NETWORK (SPACE). 61,891 61,891
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION AND 43,292 43,292
RAPID TECHNOLOGY DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).... 10,837 10,837
301 1203265F GPS III SPACE SEGMENT............. 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.... 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM.............. 72,762 72,762
304 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS.. 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).... 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834
OPERATIONS.
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES........ 138,870 99,070
.................................. Contract award delay.......... [-39,800]
311A 9999999999 CLASSIFIED PROGRAMS............... 18,351,506 18,229,506
.................................. Classified reduction.......... [-122,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,501,388
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -350,100
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 45,938,122 45,584,744
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES......... 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 48,874 68,874
.................................. DEPSCOR....................... [10,000]
.................................. Program increase.............. [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 54,122 54,122
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 92,074 102,074
.................................. Civics education grant program [2,000]
.................................. Submarine industrial base [8,000]
workforce training and
education.
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 46,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Aerospace research and [2,000]
education.
.................................. Program increase.............. [14,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 729,300 775,300
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY............. 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 55,400
ADVANCEMENT OF S&T PRIORITIES.
.................................. Computer modeling of PFAS..... [2,000]
.................................. Excess growth................. [-8,800]
013 0602303E INFORMATION & COMMUNICATIONS 442,556 437,556
TECHNOLOGY.
.................................. Unjustified growth............ [-5,000]
014 0602383E BIOLOGICAL WARFARE DEFENSE........ 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087
PROGRAM.
.................................. Program increase.............. [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH........... 15,118 25,118
.................................. Academic cyber institutes..... [10,000]
017 0602702E TACTICAL TECHNOLOGY............... 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY............ 332,192 326,192
.................................. Unjustified growth............ [-6,000]
[[Page H9649]]
020 0602718BR COUNTER WEAPONS OF MASS 179,096 174,096
DESTRUCTION APPLIED RESEARCH.
.................................. Unjustified growth............ [-5,000]
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 40,569 40,569
.................................. SUBTOTAL APPLIED RESEARCH...... 2,049,458 2,049,158
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 5,000 5,000
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 75,517
SUPPORT.
.................................. Program increase.............. [5,000]
026 0603133D8Z FOREIGN COMPARATIVE TESTING....... 24,970 24,970
028 0603160BR COUNTER WEAPONS OF MASS 340,065 338,575
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Excess growth................. [-1,490]
029 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,208 14,208
ASSESSMENT.
030 0603178C WEAPONS TECHNOLOGY................ 10,000 0
.................................. MD72 program termination...... [-10,000]
031 0603180C ADVANCED RESEARCH................. 20,674 27,674
.................................. Advanced carbon-carbon [7,000]
composites manufacturing.
032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,773 18,773
DEVELOPMENT.
033 0603286E ADVANCED AEROSPACE SYSTEMS........ 279,741 279,741
034 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 202,606 172,606
.................................. RSGS program delays........... [-30,000]
035 0603288D8Z ANALYTIC ASSESSMENTS.............. 19,429 19,429
036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645
CONCEPTS.
037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668
CONCEPTS--MHA.
038 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 13,600 13,600
040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 29,398 29,398
041 0603375D8Z TECHNOLOGY INNOVATION............. 60,000 30,000
.................................. Insufficient justification.... [-30,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH..................... 159,688 159,688
044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 12,063
TECHNOLOGY.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 89,859
DEMONSTRATIONS.
.................................. Program reduction............. [-17,500]
046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 96,397 116,397
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing........ [10,000]
.................................. Integrated silicon based [5,000]
lasers.
.................................. Program increase.............. [5,000]
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 42,834 42,834
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911
DEVELOPMENT.
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817
DEMONSTRATIONS.
051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157
PROGRAM.
052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771
DEVELOPMENT AND SUPPORT.
053 0603727D8Z JOINT WARFIGHTING PROGRAM......... 4,846 4,846
054 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 128,616 128,616
055 0603760E COMMAND, CONTROL AND 232,134 232,134
COMMUNICATIONS SYSTEMS.
056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 512,424 507,424
.................................. Unjustified increase.......... [-5,000]
057 0603767E SENSOR TECHNOLOGY................. 163,903 163,903
058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723
TECHNOLOGY DEVELOPMENT.
059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 15,111 15,111
060 0603826D8Z QUICK REACTION SPECIAL PROJECTS... 47,147 47,147
061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY.. 19,376 19,376
062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223
TECHNOLOGY PROGRAM.
063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 185,574
TECHNOLOGY.
.................................. Program increase to support [10,000]
NDS technologies.
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 25,000
NETWORK.
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 53,900
IMPROVEMENT.
.................................. Excess growth................. [-16,636]
066 0303310D8Z CWMD SYSTEMS...................... 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 20,000
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,673,462
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 42,695 42,695
SECURITY EQUIPMENT RDT&E ADC&P.
071 0603600D8Z WALKOFF........................... 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 68,572
CERTIFICATION PROGRAM.
.................................. ESTCP......................... [2,000]
074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 302,761 302,761
DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 1,237,606
MIDCOURSE DEFENSE SEGMENT.
.................................. Common booster engineering [-15,000]
early to need.
.................................. Homeland Defense Radar-Hawaii [-30,400]
delay.
.................................. RKV cancellation--on demand [-13,500]
communications.
.................................. RKV Program Termination-- [140,000]
Trasfer from RD,DW 109 for
SLEP program.
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 283,487 283,487
078 0603890C BMD ENABLING PROGRAMS............. 571,507 571,507
079 0603891C SPECIAL PROGRAMS--MDA............. 377,098 512,098
[[Page H9650]]
.................................. Classified unfunded priority.. [135,000]
080 0603892C AEGIS BMD......................... 727,479 699,479
.................................. Unjustified growth............ [-28,000]
081 0603896C BALLISTIC MISSILE DEFENSE COMMAND 564,206 562,706
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. IBCS integration delays....... [-1,500]
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH.................. 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX)...... 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.... 395,924 395,924
088 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 554,171 554,171
089 0603920D8Z HUMANITARIAN DEMINING............. 10,820 14,700
.................................. Program increase.............. [3,880]
090 0603923D8Z COALITION WARFARE................. 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION INITIATIVES. 303,458 269,458
.................................. Cancel Neutral Particle Beam.. [-34,000]
093 0604132D8Z MISSILE DEFEAT PROJECT............ 17,816 10,000
.................................. Unjustified budget request-- [-7,816]
program transitioned to
services.
095 0604181C HYPERSONIC DEFENSE................ 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,312,735 1,312,735
.................................. Hypervelocity Gun Weapon [80,000]
System.
.................................. Insufficient justification.... [-80,000]
097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 542,421 547,421
.................................. Trusted and assured [5,000]
microelectronics research.
098 0604331D8Z RAPID PROTOTYPING PROGRAM......... 100,957 50,957
.................................. Uncoordinated prototyping [-50,000]
efforts.
099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 92,000
PROTOTYPING.
100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021
UNMANNED SYSTEM COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 173,598
(HDR-H).
.................................. Funding acceleration early to [-60,000]
need.
.................................. Radar foundation and thermal [-41,116]
control system early to need.
103 0604673C PACIFIC DISCRIMINATING RADAR...... 6,711 6,711
104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751
STRATEGIC ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID INNOVATION PROGRAM.. 14,021 14,021
107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423
(LRDR).
109 0604874C IMPROVED HOMELAND DEFENSE 412,363 272,363
INTERCEPTORS.
.................................. RKV Termination - transfer to [-140,000]
RD,DW 075 for SLEP program.
110 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 25,137 25,137
DEFENSE SEGMENT TEST.
111 0604878C AEGIS BMD TEST.................... 169,822 169,822
112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 105,530
TEST.
113 0604880C LAND-BASED SM-3 (LBSM3)........... 38,352 38,352
115 0604887C BALLISTIC MISSILE DEFENSE 98,139 98,139
MIDCOURSE SEGMENT TEST.
117 0300206R ENTERPRISE INFORMATION TECHNOLOGY 1,600 1,600
SYSTEMS.
118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191
(JET) PROGRAM.
119 0305103C CYBER SECURITY INITIATIVE......... 1,138 1,138
120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 55,000
PROTOTYPING.
.................................. Missile defense studies [-30,000]
realignment.
121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849
SYSTEM.
122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565
SPACE PROGRAMS.
.................................. Hypersonic and Ballistic [108,000]
Tracking Space Sensor.
122A 0604011D8Z NEXT GENERATION INFORMATION 275,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. NTTR and additional AF [100,000]
installation 5G network.
.................................. Program increase.............. [175,000]
.................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 10,015,041
DEVELOPMENT AND PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 11,276 11,276
SECURITY EQUIPMENT RDT&E SDD.
124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 76,000
DEVELOPMENT.
.................................. Transfer to RDTE, Army Line [-31,000]
100.
125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 374,047
PROGRAM--EMD.
.................................. Excess growth................. [-10,000]
126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 40,102
DISTRIBUTION SYSTEM (JTIDS).
127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100
DESTRUCTION SYSTEMS DEVELOPMENT.
128 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 3,070 3,070
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 17,615 17,615
131 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 15,653 15,653
132 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 2,378 2,378
AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION........ 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 27,944 27,944
FINANCIAL SYSTEM.
135 0605090S DEFENSE RETIRED AND ANNUITANT PAY 6,609 6,609
SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 175,032 175,032
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 4,373 4,373
MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854
AND DEMONSTRATION.
[[Page H9651]]
.................................. SUBTOTAL SYSTEM DEVELOPMENT AND 841,588 800,588
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION.. 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,724 9,724
(DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 260,267
INVESTMENT DEVELOPMENT (CTEIP).
146 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 30,834 30,834
147 0605001E MISSION SUPPORT................... 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 89,091
CAPABILITY (JMETC).
.................................. Cyber range development....... [6,000]
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079
ANALYSIS.
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 37,140 37,140
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,759 4,759
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 8,307 8,307
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,568 3,568
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 16,875 19,875
.................................. National Science, Technology, [3,000]
and Security Roundtable with
Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 34,448 34,448
TESTING AND EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D................ 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000
DEVELOPMENT SUPPORT.
179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037
INITIATIVE (DOSI).
180 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 9,216 9,216
183 0303166J SUPPORT TO INFORMATION OPERATIONS 553 553
(IO) CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,014 1,014
OFFICE (DMDPO).
185 0305172K COMBINED ADVANCED APPLICATIONS.... 58,667 48,667
.................................. Unjustified growth............ [-10,000]
187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081
INNOVATION INVESTMENTS.
189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235
FUNCTIONAL TEAMS.
191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
193 0901598C MANAGEMENT HQ--MDA................ 27,065 27,065
194 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,090 3,090
194A 9999999999 CLASSIFIED PROGRAMS............... 51,471 51,471
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,354,628 1,353,628
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
.................................. UNDISTRIBUTED
195 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 7,945 7,945
196 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 208,834 208,834
197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310
SHARED INFORMATION SYSTEM
(OHASIS).
199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 18,551
SUSTAINMENT SUPPORT.
.................................. Advanced systems manufacturing [5,000]
.................................. Rare earth element production. [3,500]
200 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 12,734 12,734
DEVELOPMENT.
201 0607327T GLOBAL THEATER SECURITY 14,800 10,350
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
.................................. Excess growth................. [-4,450]
202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023
(OPERATIONAL SYSTEMS DEVELOPMENT).
203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537
(PDAS).
204 0208045K C4I INTEROPERABILITY.............. 64,122 64,122
210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798
ENGINEERING AND INTEGRATION.
211 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,166 11,166
212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383
COMMUNICATIONS NETWORK (MEECN).
214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516
(KMI).
215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 92,631
PROGRAM.
.................................. AI and Cyber Center of [25,000]
Excellence.
216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198
PROGRAM.
.................................. Realignment to DISA for [-1,882]
Sharkseer.
217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678
PROGRAM.
.................................. Realignment for Sharkseer..... [1,882]
218 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 25,218 25,218
219 0303153K DEFENSE SPECTRUM ORGANIZATION..... 21,698 21,698
220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077
(JRSS).
222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001
INFORMATION TECHNOLOGY.
228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400
ACTIVITIES.
232 0305186D8Z POLICY R&D PROGRAMS............... 6,301 6,301
233 0305199D8Z NET CENTRICITY.................... 21,384 21,384
235 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,359 6,359
SYSTEMS.
[[Page H9652]]
238 0305208K DISTRIBUTED COMMON GROUND/SURFACE 2,981 2,981
SYSTEMS.
241 0305327V INSIDER THREAT.................... 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS.......... 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV.......................... 20,697 20,697
256 1160403BB AVIATION SYSTEMS.................. 245,795 262,995
.................................. Program increase--Future [8,800]
Vertical Lift.
.................................. UPL FVL realignment from RFCM. [8,400]
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS.......... 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................... 62,332 62,332
260 1160432BB SPECIAL PROGRAMS.................. 21,805 21,805
261 1160434BB UNMANNED ISR...................... 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES............. 11,150 11,150
263 1160483BB MARITIME SYSTEMS.................. 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM.................. 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............... 4,542,640 4,542,640
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,304,648
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... 46,250
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,772,953 24,971,825
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 221,200 221,200
..................................
.................................. TOTAL OPERATIONAL TEST & 221,200 221,200
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 103,395,545 102,309,846
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 0
RANGE AIR
DEFENSE (M-
SHORAD).
................ Unjustified [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 2,000
DEFENSE (BUDGET
ACTIVITY 4).
................ SUBTOTAL 17,114 17,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770
COUNTERMEASURES
(CIRCM).
159 0605051A AIRCRAFT 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200
WARFARE
DEVELOPMENT.
................ SUBTOTAL SYSTEM 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
................
................ RDT&E MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL AND 1,875 1,875
HUMAN INTEL
MODERNIZATION.
................ SUBTOTAL RDT&E 1,875 1,875
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
238 0303028A SECURITY AND 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214
ENABLED
INTELLIGENCE.
................ SUBTOTAL 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 204,124 198,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400
TACTICAL
APPLICATIONS.
[[Page H9653]]
038 0603527N RETRACT LARCH... 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428
TECHNOLOGY.
................ SUBTOTAL 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122
DEFENSE (DETECT
& CONTROL).
................ SUBTOTAL SYSTEM 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
228 0206313M MARINE CORPS 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282
PROGRAMS.
................ SUBTOTAL 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885
CAPABILITIES
OFFICE.
................ SUBTOTAL 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
177 0205671F JOINT COUNTER 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200
APPLICATIONS.
311A 9999999999 CLASSIFIED 78,713 78,713
PROGRAMS.
................ SUBTOTAL 83,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 128,248 128,248
DEVELOPMENT,
TEST & EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
................ APPLIED RESEARCH
010 0602134BR COUNTER 1,677 1,677
IMPROVISED-
THREAT ADVANCED
STUDIES.
................ SUBTOTAL APPLIED 1,677 1,677
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
025 0603122D8Z COMBATING 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
027 0603134BR COUNTER 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
................ SUBTOTAL 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
094 0604134BR COUNTER 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
................ SUBTOTAL 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
................ UNDISTRIBUTED
258 1160408BB OPERATIONAL 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS. 6,000 6,000
261 1160434BB UNMANNED ISR.... 5,000 5,000
266A 9999999999 CLASSIFIED 200,199 200,199
PROGRAMS.
................ SUBTOTAL 211,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL RESEARCH, 401,950 401,950
DEVELOPMENT,
TEST & EVAL, DW.
................
................ TOTAL RDT&E..... 898,732 892,732
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY
REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ MANAGEMENT
SUPPORT
187 0605864N TEST AND 0 129,000
EVALUATION
SUPPORT.
................ Earthquake [129,000]
damage
recovery.
................ TOTAL RESEARCH, 0 129,000
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ MANAGEMENT
SUPPORT
128 0605807F TEST AND 0 14,436
EVALUATION
SUPPORT.
................ Earthquake [14,436]
damage
recovery.
138 0605976F FACILITIES 0 1,060
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
................ Earthquake [1,060]
damage
recovery.
[[Page H9654]]
................ TOTAL RESEARCH, 0 15,496
DEVELOPMENT,
TEST & EVAL, AF.
................
................ TOTAL RDT&E..... 0 144,496
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,735,922 1,398,674
Realignment to OCO........ [-260,548]
Unjustified growth........ [-76,700]
020 MODULAR SUPPORT BRIGADES...... 127,815 124,665
Unjustified growth........ [-3,150]
030 ECHELONS ABOVE BRIGADE........ 716,356 709,356
Unjustified growth........ [-7,000]
040 THEATER LEVEL ASSETS.......... 890,891 878,891
Unjustified growth........ [-12,000]
050 LAND FORCES OPERATIONS SUPPORT 1,232,477 1,222,977
Unjustified growth........ [-9,500]
060 AVIATION ASSETS............... 1,355,606 1,269,106
Excess to need............ [-86,500]
070 FORCE READINESS OPERATIONS 3,882,315 2,664,315
SUPPORT......................
Female personal protective [2,000]
equipment.................
Realignment to OCO........ [-1,100,000]
Unjustified growth........ [-120,000]
080 LAND FORCES SYSTEMS READINESS. 417,069 446,269
UPL MDTF INDOPACOM........ [29,200]
090 LAND FORCES DEPOT MAINTENANCE. 1,633,327 1,608,327
Unjustified growth........ [-25,000]
100 BASE OPERATIONS SUPPORT....... 8,047,933 8,002,933
Unjustified growth........ [-45,000]
110 FACILITIES SUSTAINMENT, 4,326,840 4,326,840
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 405,612 405,612
HEADQUARTERS.................
160 US AFRICA COMMAND............. 251,511 243,011
Unjustified growth........ [-8,500]
170 US EUROPEAN COMMAND........... 146,358 146,358
..............................
180 US SOUTHERN COMMAND........... 191,840 209,840
Multi-Mission Support [18,000]
Vessel....................
190 US FORCES KOREA............... 57,603 57,603
200 CYBERSPACE ACTIVITIES-- 423,156 423,156
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 551,185 551,185
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 26,393,816 24,689,118
MOBILIZATION
220 STRATEGIC MOBILITY............ 380,577 380,577
230 ARMY PREPOSITIONED STOCKS..... 362,942 362,942
240 INDUSTRIAL PREPAREDNESS....... 4,637 5,637
Advanced Manufacturing COE [1,000]
Tech Roadmapping..........
SUBTOTAL MOBILIZATION..... 748,156 749,156
TRAINING AND RECRUITING
250 OFFICER ACQUISITION........... 157,175 157,175
260 RECRUIT TRAINING.............. 55,739 55,739
270 ONE STATION UNIT TRAINING..... 62,300 62,300
280 SENIOR RESERVE OFFICERS 538,357 538,357
TRAINING CORPS...............
290 SPECIALIZED SKILL TRAINING.... 969,813 969,813
300 FLIGHT TRAINING............... 1,234,049 1,234,049
310 PROFESSIONAL DEVELOPMENT 218,338 218,338
EDUCATION....................
320 TRAINING SUPPORT.............. 554,659 552,659
Excess travel request..... [-2,000]
330 RECRUITING AND ADVERTISING.... 716,056 706,056
Unjustified growth for [-10,000]
recruiting................
340 EXAMINING..................... 185,034 185,034
350 OFF-DUTY AND VOLUNTARY 214,275 214,275
EDUCATION....................
360 CIVILIAN EDUCATION AND 147,647 147,647
TRAINING.....................
370 JUNIOR RESERVE OFFICER 173,812 173,812
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,227,254 5,215,254
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 559,229 559,229
400 CENTRAL SUPPLY ACTIVITIES..... 929,944 928,944
Excess personnel.......... [-1,000]
[[Page H9655]]
410 LOGISTIC SUPPORT ACTIVITIES... 629,981 629,981
420 AMMUNITION MANAGEMENT......... 458,771 451,771
Unjustified growth........ [-7,000]
430 ADMINISTRATION................ 428,768 418,768
Unjustified growth........ [-10,000]
440 SERVICEWIDE COMMUNICATIONS.... 1,512,736 1,472,736
Program decrease [-40,000]
unaccounted for...........
450 MANPOWER MANAGEMENT........... 272,738 272,738
460 OTHER PERSONNEL SUPPORT....... 391,869 361,869
Unjustified growth........ [-30,000]
470 OTHER SERVICE SUPPORT......... 1,901,165 1,881,165
Unjustified headquarters [-20,000]
growth....................
480 ARMY CLAIMS ACTIVITIES........ 198,765 191,265
Historical underexecution. [-7,500]
490 REAL ESTATE MANAGEMENT........ 226,248 226,248
500 FINANCIAL MANAGEMENT AND AUDIT 315,489 292,489
READINESS....................
Program decrease [-23,000]
unaccounted for...........
510 INTERNATIONAL MILITARY 427,254 427,254
HEADQUARTERS.................
520 MISC. SUPPORT OF OTHER NATIONS 43,248 43,248
565 CLASSIFIED PROGRAMS........... 1,347,053 1,347,053
SUBTOTAL ADMIN & SRVWIDE 9,643,258 9,504,758
ACTIVITIES................
TOTAL OPERATION & 42,012,484 40,158,286
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 11,927 11,927
020 ECHELONS ABOVE BRIGADE........ 533,015 533,015
030 THEATER LEVEL ASSETS.......... 119,517 118,101
Insufficient justification [-1,416]
040 LAND FORCES OPERATIONS SUPPORT 550,468 543,468
Insufficient justification [-7,000]
050 AVIATION ASSETS............... 86,670 85,170
Unjustified growth........ [-1,500]
060 FORCE READINESS OPERATIONS 390,061 388,661
SUPPORT......................
Excess civilian increase.. [-1,400]
070 LAND FORCES SYSTEMS READINESS. 101,890 101,890
080 LAND FORCES DEPOT MAINTENANCE. 48,503 48,503
090 BASE OPERATIONS SUPPORT....... 598,907 594,707
Insufficient justification [-4,200]
100 FACILITIES SUSTAINMENT, 444,376 444,376
RESTORATION & MODERNIZATION..
110 MANAGEMENT AND OPERATIONAL 22,095 22,095
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 3,288 3,288
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,655 7,655
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 2,918,372 2,902,856
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
140 SERVICEWIDE TRANSPORTATION.... 14,533 14,533
150 ADMINISTRATION................ 17,231 17,231
160 SERVICEWIDE COMMUNICATIONS.... 14,304 14,304
170 MANPOWER MANAGEMENT........... 6,129 6,129
180 RECRUITING AND ADVERTISING.... 58,541 58,541
SUBTOTAL ADMIN & SRVWD 110,738 110,738
ACTIVITIES................
200 UNDISTRIBUTED................. -25,000
Overestimation of civilian [-25,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -25,000
TOTAL OPERATION & 3,029,110 2,988,594
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS................ 805,671 775,671
Excess growth............. [-30,000]
020 MODULAR SUPPORT BRIGADES...... 195,334 193,334
Excess growth............. [-2,000]
030 ECHELONS ABOVE BRIGADE........ 771,048 770,548
Excess growth............. [-500]
040 THEATER LEVEL ASSETS.......... 94,726 94,226
Excess growth............. [-500]
050 LAND FORCES OPERATIONS SUPPORT 33,696 35,185
Program increase--advanced [1,489]
trauma training program...
060 AVIATION ASSETS............... 981,819 973,819
Insufficient justification [-8,000]
070 FORCE READINESS OPERATIONS 743,206 743,206
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 50,963 50,963
090 LAND FORCES DEPOT MAINTENANCE. 258,278 254,028
Insufficient justification [-4,250]
100 BASE OPERATIONS SUPPORT....... 1,153,076 1,133,076
Insufficient justification [-20,000]
110 FACILITIES SUSTAINMENT, 1,113,475 1,113,475
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 1,001,042 987,042
HEADQUARTERS.................
[[Page H9656]]
Insufficient justification [-14,000]
130 CYBERSPACE ACTIVITIES-- 8,448 8,448
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 7,768 7,768
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,218,550 7,140,789
210 UNDISTRIBUTED................. -20,000
Overestimation of civilian [-20,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -20,000
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 9,890 9,890
160 ADMINISTRATION................ 71,070 71,070
170 SERVICEWIDE COMMUNICATIONS.... 68,213 62,213
Program decrease [-6,000]
unaccounted for...........
180 MANPOWER MANAGEMENT........... 8,628 8,628
190 OTHER PERSONNEL SUPPORT....... 250,376 250,376
200 REAL ESTATE MANAGEMENT........ 2,676 2,676
SUBTOTAL ADMIN & SRVWD 410,853 404,853
ACTIVITIES................
TOTAL OPERATION & 7,629,403 7,525,642
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 5,309,109 4,659,109
OPERATIONS...................
Projected underexecution.. [-50,000]
Realignment to OCO........ [-600,000]
020 FLEET AIR TRAINING............ 2,284,828 2,249,828
Projected underexecution.. [-35,000]
030 AVIATION TECHNICAL DATA & 59,299 59,299
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 155,896 155,896
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 719,107 719,107
060 AIRCRAFT DEPOT MAINTENANCE.... 1,154,181 1,154,181
070 AIRCRAFT DEPOT OPERATIONS 60,402 59,202
SUPPORT......................
Excess growth............. [-1,200]
080 AVIATION LOGISTICS............ 1,241,421 1,219,421
Projected underexecution.. [-22,000]
090 MISSION AND OTHER SHIP 4,097,262 3,547,262
OPERATIONS...................
Realignment to OCO........ [-450,000]
Unjustified growth........ [-100,000]
100 SHIP OPERATIONS SUPPORT & 1,031,792 1,029,792
TRAINING.....................
Excess civilian growth.... [-2,000]
110 SHIP DEPOT MAINTENANCE........ 8,061,298 8,714,298
Program increase.......... [653,000]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,073,641 2,066,141
Insufficient justification [-7,500]
130 COMBAT COMMUNICATIONS AND 1,378,856 1,364,856
ELECTRONIC WARFARE...........
Unjustified growth........ [-14,000]
140 SPACE SYSTEMS AND SURVEILLANCE 276,245 273,745
Unjustified growth........ [-2,500]
150 WARFARE TACTICS............... 675,209 675,209
160 OPERATIONAL METEOROLOGY AND 389,516 389,516
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 1,536,310 1,126,310
Realignment to OCO........ [-400,000]
Unjustified growth........ [-10,000]
180 EQUIPMENT MAINTENANCE AND 161,579 161,579
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 59,521 59,521
OPERATIONS...................
200 COMBATANT COMMANDERS DIRECT 93,978 98,978
MISSION SUPPORT..............
Posture site assessments [5,000]
INDOPACOM.................
210 MILITARY INFORMATION SUPPORT 8,641 8,641
OPERATIONS...................
220 CYBERSPACE ACTIVITIES......... 496,385 496,385
230 FLEET BALLISTIC MISSILE....... 1,423,339 1,423,339
240 WEAPONS MAINTENANCE........... 924,069 895,032
Insufficient justification [-29,037]
250 OTHER WEAPON SYSTEMS SUPPORT.. 540,210 540,210
260 ENTERPRISE INFORMATION........ 1,131,627 1,111,627
Unjustified growth........ [-20,000]
270 SUSTAINMENT, RESTORATION AND 3,029,634 3,029,634
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 4,414,943 4,414,943
SUBTOTAL OPERATING FORCES. 42,788,298 41,703,061
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 942,902 942,902
300 READY RESERVE FORCE........... 352,044 352,044
310 SHIP ACTIVATIONS/INACTIVATIONS 427,555 427,555
320 EXPEDITIONARY HEALTH SERVICES 137,597 137,597
SYSTEMS......................
330 COAST GUARD SUPPORT........... 24,604 24,604
SUBTOTAL MOBILIZATION..... 1,884,702 1,884,702
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 150,765 150,765
350 RECRUIT TRAINING.............. 11,584 11,584
360 RESERVE OFFICERS TRAINING 159,133 159,133
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 911,316 891,316
[[Page H9657]]
Insufficient justification [-20,000]
380 PROFESSIONAL DEVELOPMENT 185,211 186,261
EDUCATION....................
Program increase: Sea [1,050]
Cadets....................
390 TRAINING SUPPORT.............. 267,224 267,224
400 RECRUITING AND ADVERTISING.... 209,252 204,252
Insufficient justification [-5,000]
410 OFF-DUTY AND VOLUNTARY 88,902 88,902
EDUCATION....................
420 CIVILIAN EDUCATION AND 67,492 67,492
TRAINING.....................
430 JUNIOR ROTC................... 55,164 55,164
SUBTOTAL TRAINING AND 2,106,043 2,082,093
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,143,358 1,103,358
Unjustified growth........ [-40,000]
450 CIVILIAN MANPOWER AND 178,342 175,342
PERSONNEL MANAGEMENT.........
Excess civilian growth.... [-3,000]
460 MILITARY MANPOWER AND 418,413 418,413
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 157,465 157,465
510 PLANNING, ENGINEERING, AND 485,397 490,397
PROGRAM SUPPORT..............
REPO...................... [5,000]
520 ACQUISITION, LOGISTICS, AND 654,137 647,137
OVERSIGHT....................
Unjustified growth........ [-7,000]
530 INVESTIGATIVE AND SECURITY 718,061 718,061
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 591,535 591,535
SUBTOTAL ADMIN & SRVWD 4,346,708 4,301,708
ACTIVITIES................
UNDISTRIBUTED
650 UNDISTRIBUTED................. -20,000
Overestimation of civilian [-20,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -20,000
TOTAL OPERATION & 51,125,751 49,951,564
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 968,224 727,224
Excess civilian growth.... [-1,000]
Realignment to OCO........ [-200,000]
Unjustified growth........ [-40,000]
020 FIELD LOGISTICS............... 1,278,533 1,064,533
Realignment to OCO........ [-200,000]
Unjustified growth........ [-14,000]
030 DEPOT MAINTENANCE............. 232,991 232,991
040 MARITIME PREPOSITIONING....... 100,396 100,396
050 CYBERSPACE ACTIVITIES......... 203,580 203,580
060 SUSTAINMENT, RESTORATION & 1,559,034 1,559,034
MODERNIZATION................
070 BASE OPERATING SUPPORT........ 2,253,776 2,223,776
Unjustified growth........ [-30,000]
SUBTOTAL OPERATING FORCES. 6,596,534 6,111,534
TRAINING AND RECRUITING
080 RECRUIT TRAINING.............. 21,240 21,240
090 OFFICER ACQUISITION........... 1,168 1,168
100 SPECIALIZED SKILL TRAINING.... 106,601 106,601
110 PROFESSIONAL DEVELOPMENT 49,095 49,095
EDUCATION....................
120 TRAINING SUPPORT.............. 407,315 407,315
130 RECRUITING AND ADVERTISING.... 210,475 210,475
140 OFF-DUTY AND VOLUNTARY 42,810 42,810
EDUCATION....................
150 JUNIOR ROTC................... 25,183 25,183
SUBTOTAL TRAINING AND 863,887 863,887
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 29,894 29,894
170 ADMINISTRATION................ 384,352 384,352
225 CLASSIFIED PROGRAMS........... 52,057 52,057
SUBTOTAL ADMIN & SRVWD 466,303 466,303
ACTIVITIES................
TOTAL OPERATION & 7,926,724 7,441,724
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 654,220 629,220
OPERATIONS...................
Unjustified growth........ [-25,000]
020 INTERMEDIATE MAINTENANCE...... 8,767 8,767
030 AIRCRAFT DEPOT MAINTENANCE.... 108,236 108,236
040 AIRCRAFT DEPOT OPERATIONS 463 463
SUPPORT......................
050 AVIATION LOGISTICS............ 26,014 26,014
060 SHIP OPERATIONS SUPPORT & 583 583
TRAINING.....................
070 COMBAT COMMUNICATIONS......... 17,883 17,883
080 COMBAT SUPPORT FORCES......... 128,079 128,079
090 CYBERSPACE ACTIVITIES......... 356 356
100 ENTERPRISE INFORMATION........ 26,133 26,133
[[Page H9658]]
110 SUSTAINMENT, RESTORATION AND 35,397 35,397
MODERNIZATION................
120 BASE OPERATING SUPPORT........ 101,376 101,376
SUBTOTAL OPERATING FORCES. 1,107,507 1,082,507
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,888 1,888
140 MILITARY MANPOWER AND 12,778 12,778
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 2,943 2,943
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 17,609 17,609
ACTIVITIES................
TOTAL OPERATION & 1,125,116 1,100,116
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 106,484 106,484
020 DEPOT MAINTENANCE............. 18,429 18,429
030 SUSTAINMENT, RESTORATION AND 47,516 47,516
MODERNIZATION................
040 BASE OPERATING SUPPORT........ 106,073 106,073
SUBTOTAL OPERATING FORCES. 278,502 278,502
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................ 13,574 13,574
SUBTOTAL ADMIN & SRVWD 13,574 13,574
ACTIVITIES................
TOTAL OPERATION & 292,076 292,076
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 729,127 729,127
020 COMBAT ENHANCEMENT FORCES..... 1,318,770 918,770
Realignment to OCO........ [-400,000]
030 AIR OPERATIONS TRAINING (OJT, 1,486,790 1,446,790
MAINTAIN SKILLS).............
Unjustified growth........ [-40,000]
040 DEPOT PURCHASE EQUIPMENT 3,334,792 3,299,792
MAINTENANCE..................
Unjustified growth........ [-35,000]
050 FACILITIES SUSTAINMENT, 4,142,435 4,142,435
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 228,811 228,811
070 CONTRACTOR LOGISTICS SUPPORT 8,329,364 8,347,364
AND SYSTEM SUPPORT...........
Expansion of Conditions [18,000]
Based Maintenance Plus
(CBM+)....................
080 FLYING HOUR PROGRAM........... 4,048,773 3,418,773
Realignment to OCO........ [-550,000]
Unjustified growth........ [-80,000]
090 BASE OPERATIONS SUPPORT....... 7,223,982 6,933,982
Insufficient justification [-90,000]
Realignment to OCO........ [-200,000]
100 GLOBAL C3I AND EARLY WARNING.. 964,553 964,553
110 OTHER COMBAT OPS SPT PROGRAMS. 1,032,307 1,026,161
Unjustified growth........ [-6,146]
120 CYBERSPACE ACTIVITIES......... 670,076 670,076
140 LAUNCH FACILITIES............. 179,980 179,980
150 SPACE CONTROL SYSTEMS......... 467,990 464,390
Insufficient justification [-3,600]
160 US NORTHCOM/NORAD............. 184,655 184,655
170 US STRATCOM................... 478,357 478,357
180 US CYBERCOM................... 323,121 347,921
Accelerate development of [1,500]
Cyber National Mission
Force capabilities........
Cyber National Mission [5,300]
Force mobile & modular
hunt forward kit..........
ETERNALDARKNESS........... [18,000]
190 US CENTCOM.................... 160,989 160,989
200 US SOCOM...................... 6,225 6,225
210 US TRANSCOM................... 544 544
220 CENTCOM CYBERSPACE SUSTAINMENT 2,073 2,073
230 USSPACECOM.................... 70,588 70,588
235 CLASSIFIED PROGRAMS........... 1,322,944 1,316,694
Unjustified increase...... [-6,250]
SUBTOTAL OPERATING FORCES. 36,707,246 35,339,050
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,158,142 1,158,142
250 MOBILIZATION PREPAREDNESS..... 138,672 130,172
Unjustified growth........ [-8,500]
SUBTOTAL MOBILIZATION..... 1,296,814 1,288,314
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 130,835 130,835
270 RECRUIT TRAINING.............. 26,021 26,021
280 RESERVE OFFICERS TRAINING 121,391 121,391
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 454,539 414,539
Unjustified growth........ [-40,000]
300 FLIGHT TRAINING............... 600,565 600,565
310 PROFESSIONAL DEVELOPMENT 282,788 282,788
EDUCATION....................
320 TRAINING SUPPORT.............. 123,988 113,988
[[Page H9659]]
Unjustified growth........ [-10,000]
330 RECRUITING AND ADVERTISING.... 167,731 162,731
Unjustified growth........ [-5,000]
340 EXAMINING..................... 4,576 4,576
350 OFF-DUTY AND VOLUNTARY 211,911 211,911
EDUCATION....................
360 CIVILIAN EDUCATION AND 219,021 219,021
TRAINING.....................
370 JUNIOR ROTC................... 62,092 62,092
SUBTOTAL TRAINING AND 2,405,458 2,350,458
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 664,926 664,926
390 TECHNICAL SUPPORT ACTIVITIES.. 101,483 101,483
400 ADMINISTRATION................ 892,480 892,480
410 SERVICEWIDE COMMUNICATIONS.... 152,532 122,532
Insufficient justification [-30,000]
420 OTHER SERVICEWIDE ACTIVITIES.. 1,254,089 1,204,089
Program decrease [-20,000]
unaccounted for...........
Remove one-time fiscal [-30,000]
year 2019 increase........
430 CIVIL AIR PATROL.............. 30,070 37,200
Improved emergency crew [7,130]
readiness.................
460 INTERNATIONAL SUPPORT......... 136,110 136,110
465 CLASSIFIED PROGRAMS........... 1,269,624 1,269,624
SUBTOTAL ADMIN & SRVWD 4,501,314 4,428,444
ACTIVITIES................
TOTAL OPERATION & 44,910,832 43,406,266
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
UNDISTRIBUTED
010 BASE SUPPORT.................. 72,436 72,436
SUBTOTAL OPERATING FORCES. 72,436 72,436
TOTAL OPERATION & 72,436 72,436
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,781,413 1,756,413
Delay in KC-46 aircraft [-25,000]
delivery..................
020 MISSION SUPPORT OPERATIONS.... 209,650 204,150
Unjustified growth........ [-5,500]
030 DEPOT PURCHASE EQUIPMENT 494,235 484,235
MAINTENANCE..................
Excess growth............. [-10,000]
040 FACILITIES SUSTAINMENT, 128,746 128,746
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 256,512 256,512
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 414,626 414,626
070 CYBERSPACE ACTIVITIES......... 1,673 1,673
SUBTOTAL OPERATING FORCES. 3,286,855 3,246,355
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
UNDISTRIBUTED
080 ADMINISTRATION................ 69,436 69,436
090 RECRUITING AND ADVERTISING.... 22,124 22,124
100 MILITARY MANPOWER AND PERS 10,946 10,946
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 7,009 7,009
COMP)........................
120 AUDIOVISUAL................... 448 448
SUBTOTAL ADMINISTRATION 109,963 109,963
AND SERVICEWIDE ACTIVITIES
TOTAL OPERATION & 3,396,818 3,356,318
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,497,967 2,472,967
Delay in KC-46 aircraft [-25,000]
delivery..................
020 MISSION SUPPORT OPERATIONS.... 600,377 585,377
Insufficient justification [-15,000]
030 DEPOT PURCHASE EQUIPMENT 879,467 879,467
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 400,734 400,734
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 1,299,089 1,299,089
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 911,775 911,775
070 CYBERSPACE SUSTAINMENT........ 24,742 24,742
080 CYBERSPACE ACTIVITIES......... 25,507 25,507
SUBTOTAL OPERATING FORCES. 6,639,658 6,599,658
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
UNDISTRIBUTED
090 ADMINISTRATION................ 47,215 47,215
100 RECRUITING AND ADVERTISING.... 40,356 40,356
SUBTOTAL ADMINISTRATION 87,571 87,571
AND SERVICE-WIDE
ACTIVITIES................
110 UNDISTRIBUTED................. -30,000
Maintain program [-30,000]
affordability:
Overestimation of civilian
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -30,000
[[Page H9660]]
TOTAL OPERATION & 6,727,229 6,657,229
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 409,542 392,542
Program decrease [-12,000]
unaccounted for...........
Remove one-time fiscal [-5,000]
year 2019 costs...........
020 JOINT CHIEFS OF STAFF--CE2T2.. 579,179 579,179
030 JOINT CHIEFS OF STAFF--CYBER.. 24,598 24,598
040 SPECIAL OPERATIONS COMMAND 1,075,762 1,070,262
COMBAT DEVELOPMENT ACTIVITIES
Classified adjustment..... [-5,500]
050 SPECIAL OPERATIONS COMMAND 14,409 14,409
CYBERSPACE ACTIVITIES........
060 SPECIAL OPERATIONS COMMAND 501,747 486,953
INTELLIGENCE.................
DCGS--SOF - excess to need [-5,794]
Program decrease--SOCRATES [-9,000]
070 SPECIAL OPERATIONS COMMAND 559,300 544,300
MAINTENANCE..................
Projected underexecution.. [-15,000]
080 SPECIAL OPERATIONS COMMAND 177,928 177,928
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
090 SPECIAL OPERATIONS COMMAND 925,262 899,762
OPERATIONAL SUPPORT..........
Base support [-5,900]
underexecution............
Operational support [-9,600]
underexecution............
Unjustified growth--C4IAS [-10,000]
Saas......................
100 SPECIAL OPERATIONS COMMAND 2,764,738 2,250,038
THEATER FORCES...............
Program decrease.......... [-14,700]
Realignment to OCO........ [-500,000]
SUBTOTAL OPERATING FORCES. 7,032,465 6,439,971
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 180,250 180,250
130 JOINT CHIEFS OF STAFF......... 100,610 100,610
140 PROFESSIONAL DEVELOPMENT 33,967 33,967
EDUCATION....................
SUBTOTAL TRAINING AND 314,827 314,827
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS....... 165,707 260,007
IRT Increase.............. [14,300]
National Guard Youth [50,000]
Challenge Program support.
Program increase--STARBASE [30,000]
180 DEFENSE CONTRACT AUDIT AGENCY. 627,467 627,467
190 DEFENSE CONTRACT AUDIT AGENCY-- 3,362 3,362
CYBER........................
200 DEFENSE CONTRACT MANAGEMENT 1,438,068 1,418,068
AGENCY.......................
Program decrease.......... [-20,000]
210 DEFENSE CONTRACT MANAGEMENT 24,391 24,391
AGENCY--CYBER................
220 DEFENSE HUMAN RESOURCES 892,438 882,438
ACTIVITY.....................
Defense Manpower Data [-5,000]
Center--Excess Growth.....
Enterprise Operations [-5,000]
Center--Excess Growth.....
230 DEFENSE INFORMATION SYSTEMS 2,012,885 1,992,885
AGENCY.......................
Unjustified growth........ [-20,000]
240 DEFENSE INFORMATION SYSTEMS 601,223 636,360
AGENCY--CYBER................
Sharkseer transfer........ [35,137]
270 DEFENSE LEGAL SERVICES AGENCY. 34,632 34,632
280 DEFENSE LOGISTICS AGENCY...... 415,699 435,199
Program increase--PTAP.... [19,500]
290 DEFENSE MEDIA ACTIVITY........ 202,792 202,792
300 DEFENSE PERSONNEL ACCOUNTING 144,881 144,881
AGENCY.......................
310 DEFENSE SECURITY COOPERATION 696,884 666,884
AGENCY.......................
Assessment, monitoring, [11,000]
and evaluation............
Security cooperation [-11,000]
account...................
Unjustified growth........ [-30,000]
320 DEFENSE SECURITY SERVICE...... 889,664 889,664
340 DEFENSE SECURITY SERVICE-- 9,220 9,220
CYBER........................
360 DEFENSE TECHNICAL INFORMATION 3,000 3,000
CENTER.......................
370 DEFENSE TECHNOLOGY SECURITY 35,626 35,626
ADMINISTRATION...............
380 DEFENSE THREAT REDUCTION 568,133 568,133
AGENCY.......................
400 DEFENSE THREAT REDUCTION 13,339 13,339
AGENCY--CYBER................
410 DEPARTMENT OF DEFENSE 2,932,226 2,912,226
EDUCATION ACTIVITY...........
Remove one-time fiscal [-50,000]
year 2019 increase........
Overestimation of civilian [-20,000]
FTE targets...............
Program increase--impact [10,000]
aid for children with
severe disabilites........
Program increase--impact [40,000]
aid to schools with
military dependents.......
420 MISSILE DEFENSE AGENCY........ 522,529 509,859
THAAD prior year under- [-12,670]
execution.................
450 OFFICE OF ECONOMIC ADJUSTMENT. 59,513 134,513
Defense Community [75,000]
Infrastructure Program
(DCIP)....................
460 OFFICE OF THE SECRETARY OF 1,604,738 1,625,738
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
CDC study................. [10,000]
Emerging contaminants..... [1,000]
Excess growth............. [-37,000]
Interstate compacts for [4,000]
licensure and
credentialing.............
Military aviation safety [3,000]
commission................
Readiness and [25,000]
Environmental Protection
Initiative increase.......
[[Page H9661]]
470 OFFICE OF THE SECRETARY OF 48,783 48,783
DEFENSE--CYBER...............
480 SPACE DEVELOPMENT AGENCY...... 44,750 34,750
Insufficient justification [-10,000]
500 WASHINGTON HEADQUARTERS 324,001 296,201
SERVICES.....................
Insufficient justification [-27,800]
505 CLASSIFIED PROGRAMS........... 15,816,598 15,757,457
Classified adjustment..... [-24,004]
Realignment to DISA for [-35,137]
Sharkseer.................
SUBTOTAL ADMIN & SRVWIDE 30,132,549 30,167,875
ACTIVITIES................
TOTAL OPERATION AND 37,479,841 36,922,673
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & -557,168
MAINTENANCE, DEFENSE-WIDE
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 14,771 14,771
ARMED FORCES, DEFENSE........
SUBTOTAL ADMINISTRATION 14,771 14,771
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 14,771 14,771
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 400,000 400,000
SUBTOTAL ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 108,600 117,663
DISASTER AND CIVIC AID.......
Increase for foreign [6,822]
disaster relief...........
Increase for humanitarian [2,241]
mine action program.......
SUBTOTAL HUMANITARIAN 108,600 117,663
ASSISTANCE................
TOTAL OVERSEAS 108,600 117,663
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION.. 338,700 358,700
Cooperative biological [20,000]
engagement................
SUBTOTAL COOPERATIVE 338,700 358,700
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 338,700 358,700
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 207,518 212,518
ARMY.........................
Perfluorinated chemicals.. [5,000]
SUBTOTAL DEPARTMENT OF THE 207,518 212,518
ARMY......................
TOTAL ENVIRONMENTAL 207,518 290,582
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 335,932 350,932
NAVY.........................
Perfluorinated chemicals.. [5,000]
Unexploded ordnance [10,000]
remediation...............
SUBTOTAL DEPARTMENT OF THE 335,932 350,932
NAVY......................
TOTAL ENVIRONMENTAL 335,932 418,996
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 302,744 365,808
FORCE........................
Perfluorinated chemicals.. [63,064]
SUBTOTAL DEPARTMENT OF THE 302,744 365,808
AIR FORCE.................
TOTAL ENVIRONMENTAL 302,744 385,808
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 9,105 9,105
DEFENSE-WIDE.................
SUBTOTAL DEFENSE-WIDE..... 9,105 9,105
TOTAL ENVIRONMENTAL 9,105 92,169
RESTORATION, DEFENSE-WIDE
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 216,499 216,499
FORMERLY USED SITES..........
SUBTOTAL DEFENSE-WIDE..... 216,499 216,499
TOTAL ENVIRONMENTAL 216,499 216,499
RESTORATION FORMERLY USED
SITES....................
TOTAL OPERATION & 207,661,689 201,610,944
MAINTENANCE..............
------------------------------------------------------------------------
[[Page H9662]]
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,410,874 1,671,422
Realignment from base..... [260,548]
030 ECHELONS ABOVE BRIGADE........ 26,502 26,502
040 THEATER LEVEL ASSETS.......... 2,274,490 2,259,490
Unjustified growth........ [-15,000]
050 LAND FORCES OPERATIONS SUPPORT 136,288 136,288
060 AVIATION ASSETS............... 300,240 300,240
070 FORCE READINESS OPERATIONS 3,415,009 4,510,009
SUPPORT......................
Insufficient justification [-5,000]
Realignment from base..... [1,100,000]
080 LAND FORCES SYSTEMS READINESS. 29,985 29,985
090 LAND FORCES DEPOT MAINTENANCE. 86,931 86,931
100 BASE OPERATIONS SUPPORT....... 115,706 115,706
110 FACILITIES SUSTAINMENT, 72,657 72,657
RESTORATION & MODERNIZATION..
130 ADDITIONAL ACTIVITIES......... 6,397,586 6,385,586
Insufficient justification [-12,000]
140 COMMANDER'S EMERGENCY RESPONSE 5,000 2,500
PROGRAM......................
Insufficient justification [-2,500]
150 RESET......................... 1,048,896 1,048,896
160 US AFRICA COMMAND............. 203,174 203,174
170 US EUROPEAN COMMAND........... 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 5,682 5,682
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 15,891,225 17,217,273
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 131,954 131,954
SUBTOTAL MOBILIZATION..... 131,954 131,954
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 721,014 721,014
400 CENTRAL SUPPLY ACTIVITIES..... 66,845 66,845
410 LOGISTIC SUPPORT ACTIVITIES... 9,309 9,309
420 AMMUNITION MANAGEMENT......... 23,653 23,653
460 OTHER PERSONNEL SUPPORT....... 109,019 109,019
490 REAL ESTATE MANAGEMENT........ 251,355 251,355
565 CLASSIFIED PROGRAMS........... 1,568,564 1,568,564
SUBTOTAL ADMIN & SRVWIDE 2,749,759 2,749,759
ACTIVITIES................
TOTAL OPERATION & 18,772,938 20,098,986
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 20,440 20,440
060 FORCE READINESS OPERATIONS 689 689
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 16,463 16,463
SUBTOTAL OPERATING FORCES. 37,592 37,592
TOTAL OPERATION & 37,592 37,592
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS................ 45,896 45,896
020 MODULAR SUPPORT BRIGADES...... 180 180
030 ECHELONS ABOVE BRIGADE........ 2,982 2,982
040 THEATER LEVEL ASSETS.......... 548 548
060 AVIATION ASSETS............... 9,229 9,229
070 FORCE READINESS OPERATIONS 1,584 1,584
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 22,063 22,063
120 MANAGEMENT AND OPERATIONAL 606 606
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 83,088 83,088
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 203 203
SUBTOTAL ADMIN & SRVWD 203 203
ACTIVITIES................
TOTAL OPERATION & 83,291 83,291
MAINTENANCE, ARNG........
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
090 SUSTAINMENT................... 1,313,047 1,313,047
100 INFRASTRUCTURE................ 37,152 37,152
110 EQUIPMENT AND TRANSPORTATION.. 120,868 120,868
120 TRAINING AND OPERATIONS....... 118,591 118,591
SUBTOTAL AFGHAN NATIONAL 1,589,658 1,589,658
ARMY......................
AFGHAN NATIONAL POLICE
[[Page H9663]]
130 SUSTAINMENT................... 422,806 422,806
140 INFRASTRUCTURE................ 2,358 2,358
150 EQUIPMENT AND TRANSPORTATION.. 127,081 127,081
160 TRAINING AND OPERATIONS....... 108,112 108,112
SUBTOTAL AFGHAN NATIONAL 660,357 660,357
POLICE....................
AFGHAN AIR FORCE
170 SUSTAINMENT................... 893,829 893,829
180 INFRASTRUCTURE................ 8,611 8,611
190 EQUIPMENT AND TRANSPORTATION.. 566,967 566,967
200 TRAINING AND OPERATIONS....... 356,108 356,108
SUBTOTAL AFGHAN AIR FORCE. 1,825,515 1,825,515
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT................... 437,909 437,909
220 INFRASTRUCTURE................ 21,131 21,131
230 EQUIPMENT AND TRANSPORTATION.. 153,806 153,806
240 TRAINING AND OPERATIONS....... 115,602 115,602
SUBTOTAL AFGHAN SPECIAL 728,448 728,448
SECURITY FORCES...........
UNDISTRIBUTED
245 UNDISTRIBUTED................. -300,000
Unjustified request....... [-300,000]
SUBTOTAL UNDISTRIBUTED.... -300,000
TOTAL AFGHANISTAN 4,803,978 4,503,978
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 745,000 545,000
Program decrease.......... [-100,000]
Transfer to DSCA Security [-100,000]
Cooperation...............
020 SYRIA......................... 300,000 300,000
SUBTOTAL COUNTER ISIS 1,045,000 845,000
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER ISIS TRAIN 1,045,000 845,000
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 373,047 973,047
OPERATIONS...................
Realignment from base..... [600,000]
030 AVIATION TECHNICAL DATA & 816 816
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 9,582 9,582
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 197,262 197,262
060 AIRCRAFT DEPOT MAINTENANCE.... 168,246 168,246
070 AIRCRAFT DEPOT OPERATIONS 3,594 3,594
SUPPORT......................
080 AVIATION LOGISTICS............ 10,618 10,618
090 MISSION AND OTHER SHIP 1,485,108 1,935,108
OPERATIONS...................
Realignment from base..... [450,000]
100 SHIP OPERATIONS SUPPORT & 20,334 20,334
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,365,615 2,365,615
130 COMBAT COMMUNICATIONS AND 58,092 58,092
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 16,984 16,984
160 OPERATIONAL METEOROLOGY AND 29,382 29,382
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 608,870 1,008,870
Realignment from base..... [400,000]
180 EQUIPMENT MAINTENANCE AND 7,799 7,799
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 363 363
240 WEAPONS MAINTENANCE........... 486,188 486,188
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,189 12,189
270 SUSTAINMENT, RESTORATION AND 68,667 68,667
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 219,099 219,099
SUBTOTAL OPERATING FORCES. 6,184,655 7,634,655
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 17,580 17,580
SYSTEMS......................
330 COAST GUARD SUPPORT........... 190,000 190,000
SUBTOTAL MOBILIZATION..... 207,580 207,580
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 52,161 52,161
SUBTOTAL TRAINING AND 52,161 52,161
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 8,475 8,475
460 MILITARY MANPOWER AND 7,653 7,653
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 70,683 70,683
520 ACQUISITION, LOGISTICS, AND 11,130 11,130
OVERSIGHT....................
530 INVESTIGATIVE AND SECURITY 1,559 1,559
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 17,754 17,754
[[Page H9664]]
SUBTOTAL ADMIN & SRVWD 117,254 117,254
ACTIVITIES................
TOTAL OPERATION & 6,561,650 8,011,650
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 714,653 914,653
Realignment from base..... [200,000]
020 FIELD LOGISTICS............... 232,508 432,508
Realignment from base..... [200,000]
030 DEPOT MAINTENANCE............. 54,101 54,101
050 CYBERSPACE ACTIVITIES......... 2,000 2,000
070 BASE OPERATING SUPPORT........ 24,570 24,570
SUBTOTAL OPERATING FORCES. 1,027,832 1,427,832
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 30,459 30,459
SUBTOTAL TRAINING AND 30,459 30,459
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
225 CLASSIFIED PROGRAMS........... 5,100 5,100
SUBTOTAL ADMIN & SRVWD 66,500 66,500
ACTIVITIES................
TOTAL OPERATION & 1,124,791 1,524,791
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 510 510
030 AIRCRAFT DEPOT MAINTENANCE.... 11,628 11,628
080 COMBAT SUPPORT FORCES......... 10,898 10,898
SUBTOTAL OPERATING FORCES. 23,036 23,036
TOTAL OPERATION & 23,036 23,036
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES. 8,707 8,707
TOTAL OPERATION & 8,707 8,707
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 163,632 163,632
020 COMBAT ENHANCEMENT FORCES..... 1,049,170 1,449,170
Realignment from base..... [400,000]
030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 408,699 408,699
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,061 10,061
070 CONTRACTOR LOGISTICS SUPPORT 953,594 953,594
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,495,266 3,045,266
Realignment from base..... [550,000]
090 BASE OPERATIONS SUPPORT....... 1,538,120 1,738,120
Realignment from base..... [200,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,863 13,863
110 OTHER COMBAT OPS SPT PROGRAMS. 272,020 272,020
120 CYBERSPACE ACTIVITIES......... 17,657 17,657
130 TACTICAL INTEL AND OTHER 36,098 36,098
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 391 391
150 SPACE CONTROL SYSTEMS......... 39,990 39,990
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 926 926
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 163,015 163,015
200 US SOCOM...................... 19,000 19,000
SUBTOTAL OPERATING FORCES. 7,476,488 8,626,488
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS..... 109,682 109,682
SUBTOTAL MOBILIZATION..... 1,381,121 1,381,121
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 26,802 26,802
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
[[Page H9665]]
SUBTOTAL TRAINING AND 30,717 30,717
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,608 11,608
400 ADMINISTRATION................ 4,814 4,814
410 SERVICEWIDE COMMUNICATIONS.... 145,204 145,204
420 OTHER SERVICEWIDE ACTIVITIES.. 98,841 98,841
460 INTERNATIONAL SUPPORT......... 29,890 29,890
465 CLASSIFIED PROGRAMS........... 52,995 52,995
SUBTOTAL ADMIN & SRVWD 508,053 508,053
ACTIVITIES................
TOTAL OPERATION & 9,396,379 10,546,379
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,188 24,188
MAINTENANCE..................
060 BASE SUPPORT.................. 5,570 5,570
SUBTOTAL OPERATING FORCES. 29,758 29,758
TOTAL OPERATION & 29,758 29,758
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,666 3,666
030 DEPOT PURCHASE EQUIPMENT 66,944 66,944
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 93,620 93,620
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,679 12,679
SUBTOTAL OPERATING FORCES. 176,909 176,909
TOTAL OPERATION & 176,909 176,909
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 21,866 21,866
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 1,121,580 1,111,580
COMBAT DEVELOPMENT ACTIVITIES
Classified adjustment..... [-10,000]
060 SPECIAL OPERATIONS COMMAND 1,328,201 1,328,201
INTELLIGENCE.................
070 SPECIAL OPERATIONS COMMAND 399,845 399,845
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 138,458 103,458
OPERATIONAL SUPPORT..........
Projected underexecution-- [-35,000]
communications............
100 SPECIAL OPERATIONS COMMAND 808,729 1,308,729
THEATER FORCES...............
Realignment from base..... [500,000]
SUBTOTAL OPERATING FORCES. 3,825,313 4,280,313
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,810 1,810
200 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
230 DEFENSE INFORMATION SYSTEMS 81,133 81,133
AGENCY.......................
240 DEFENSE INFORMATION SYSTEMS 3,455 3,455
AGENCY--CYBER................
270 DEFENSE LEGAL SERVICES AGENCY. 196,124 196,124
290 DEFENSE MEDIA ACTIVITY........ 14,377 14,377
310 DEFENSE SECURITY COOPERATION 1,927,217 1,677,217
AGENCY.......................
Security cooperation [-37,030]
account, unjustified
growth....................
Transfer from CTEF Iraq... [100,000]
Transfer of funds to [-250,000]
Ukraine Security
Assistance Initiative.....
Unjustified growth........ [-62,970]
380 DEFENSE THREAT REDUCTION 317,558 317,558
AGENCY.......................
410 DEPARTMENT OF DEFENSE 31,620 31,620
EDUCATION ACTIVITY...........
460 OFFICE OF THE SECRETARY OF 16,666 16,666
DEFENSE......................
500 WASHINGTON HEADQUARTERS 6,331 6,331
SERVICES.....................
505 CLASSIFIED PROGRAMS........... 1,924,785 1,924,785
SUBTOTAL ADMIN & SRVWIDE 4,542,799 4,292,799
ACTIVITIES................
TOTAL OPERATION AND 8,368,112 8,573,112
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & 205,000
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 300,000
INITIATIVE...................
Program increase.......... [50,000]
Transfer of funds from [250,000]
Defense Security
Cooperation Agency........
SUBTOTAL UKRAINE SECURITY 300,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 300,000
ASSISTANCE...............
TOTAL OPERATION & 50,432,141 54,968,189
MAINTENANCE..............
------------------------------------------------------------------------
[[Page H9666]]
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY
REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
270 SUSTAINMENT, RESTORATION AND 0 462,000
MODERNIZATION.................
Earthquake damage repair... [370,000]
Navy Working Capital Fund [92,000]
earthquake recovery losses.
280 BASE OPERATING SUPPORT......... 0 9,000
Earthquake damage recovery. [9,000]
TOTAL OPERATION & MAINTENANCE, 0 471,000
NAVY..........................
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
060 SUSTAINMENT, RESTORATION & 0 6,000
MODERNIZATION.................
Earthquake damage repair... [6,000]
TOTAL OPERATION & MAINTENANCE, 0 6,000
MARINE CORPS..................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 0 58,900
RESTORATION & MODERNIZATION...
Hurricane recovery......... [58,900]
TOTAL OPERATION & MAINTENANCE, 0 58,900
ANG...........................
TOTAL OPERATION & MAINTENANCE.. 0 535,900
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 143,476,503 142,676,503
Historical unobligated balances....... [-800,000]
Medicare-Eligible Retiree Health Fund 7,816,815 7,816,815
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 4,485,808 4,485,808
Total, Military Personnel 4,485,808 4,485,808
Appropriations.....................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS................. 57,467 57,467
SUPPLY MANAGEMENT--ARMY............... 32,130 32,130
TOTAL WORKING CAPITAL FUND, ARMY.... 89,597 89,597
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 92,499 92,499
TOTAL WORKING CAPITAL FUND, AIR 92,499 92,499
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF.......... 49,085 49,085
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,085 49,085
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA............ 995,030 995,030
TOTAL WORKING CAPITAL FUND, DECA.... 995,030 995,030
[[Page H9667]]
WCF, DEF COUNTERINTELLIGENCE &
SECURITY AGENCY
DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000
SECURITY AGENCY......................
TOTAL WCF, DEF COUNTERINTELLIGENCE & 200,000 200,000
SECURITY AGENCY....................
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 107,351 107,351
RDT&E................................. 875,930 875,930
PROCUREMENT........................... 2,218 2,218
TOTAL CHEM AGENTS & MUNITIONS 985,499 985,499
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 581,739 532,818
Realignment of National Guard [-30,921]
Bureau funding...................
Unjustified growth............... [-18,000]
DRUG DEMAND REDUCTION PROGRAM......... 120,922 120,922
NATIONAL GUARD COUNTER-DRUG PROGRAM... 91,370 122,291
Realignment of National Guard [30,921]
Bureau funding...................
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,371 5,371
TOTAL DRUG INTERDICTION & CTR-DRUG 799,402 781,402
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 359,022 359,022
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,179 1,179
OFFICE OF THE INSPECTOR GENERAL....... 2,965 2,965
OFFICE OF THE INSPECTOR GENERAL....... 333 333
TOTAL OFFICE OF THE INSPECTOR 363,499 363,499
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,570,615 9,320,615
Unjustified growth............... [-250,000]
PRIVATE SECTOR CARE................... 15,041,006 15,002,506
Historical underexecution........ [-38,500]
CONSOLIDATED HEALTH SUPPORT........... 1,975,536 1,986,536
Wounded Warrior Service Dog [11,000]
program..........................
INFORMATION MANAGEMENT................ 2,004,588 1,998,938
Historical underexecution........ [-5,650]
MANAGEMENT ACTIVITIES................. 333,246 333,246
EDUCATION AND TRAINING................ 793,810 793,310
Other costs excess growth........ [-3,000]
Program increase--specialized [2,500]
medical pilot program............
BASE OPERATIONS/COMMUNICATIONS........ 2,093,289 2,093,289
R&D RESEARCH.......................... 12,621 12,621
R&D EXPLORATRY DEVELOPMENT............ 84,266 84,266
R&D ADVANCED DEVELOPMENT.............. 279,766 279,766
R&D DEMONSTRATION/VALIDATION.......... 128,055 128,055
R&D ENGINEERING DEVELOPMENT........... 143,527 143,527
R&D MANAGEMENT AND SUPPORT............ 67,219 67,219
R&D CAPABILITIES ENHANCEMENT.......... 16,819 16,819
PROC INITIAL OUTFITTING............... 26,135 26,135
PROC REPLACEMENT & MODERNIZATION...... 225,774 225,774
PROC JOINT OPERATIONAL MEDICINE 314 314
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 73,010 73,010
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 129,091 129,091
MODERNIZATION........................
TOTAL DEFENSE HEALTH PROGRAM........ 32,998,687 32,715,037
TOTAL OTHER AUTHORIZATIONS.......... 36,573,298 36,271,648
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY............... 20,100 20,100
TOTAL WORKING CAPITAL FUND, ARMY.... 20,100 20,100
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 163,596 163,596
TOTAL DRUG INTERDICTION & CTR-DRUG 163,596 163,596
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 24,254 24,254
TOTAL OFFICE OF THE INSPECTOR 24,254 24,254
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 57,459 57,459
[[Page H9668]]
PRIVATE SECTOR CARE................... 287,487 287,487
CONSOLIDATED HEALTH SUPPORT........... 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM........ 347,746 347,746
TOTAL OTHER AUTHORIZATIONS.......... 555,696 555,696
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alabama
Army Redstone Arsenal Aircraft and Flight 38,000 38,000
Equipment Building.
Colorado
Army Fort Carson Company Operations Facility 71,000 71,000
Georgia
Army Fort Gordon Cyber Instructional Fac 107,000 67,000
(Admin/Command).
Army Hunter Army Airfield Aircraft Maintenance Hangar 62,000 62,000
Hawaii
Army Fort Shafter Command and Control 60,000 60,000
Facility, Incr 5.
Honduras
Army Soto Cano Air Base Aircraft Maintenance Hangar 34,000 34,000
Kentucky
Army Fort Campbell Automated Infantry Platoon 7,100 7,100
Battle Course.
Army Fort Campbell Easements.................. 3,200 3,200
Army Fort Campbell General Purpose Maintenance 51,000 51,000
Shop.
Kwajalein
Army Kwajalein Atoll Air Traffic Control Tower 0 40,000
and Terminal.
Massachusetts
Army U.S. Army Natick Human Engineering Lab...... 50,000 50,000
Soldier Systems
Center
Michigan
Army Detroit Arsenal Substation................. 24,000 24,000
New York
Army Fort Drum Railhead................... 0 21,000
Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000
Hangar.
North Carolina
Army Fort Bragg Dining Facility............ 12,500 12,500
Oklahoma
Army Fort Sill Adv Individual Training 73,000 73,000
Barracks Cplx, Ph2.
Pennsylvania
Army Carlisle Barracks General Instruction 98,000 60,000
Building.
South Carolina
Army Fort Jackson Reception Complex, Ph2..... 54,000 54,000
Texas
Army Corpus Christi Army Powertrain Facility 86,000 86,000
Depot (Machine Shop).
Army Fort Hood Barracks................... 32,000 32,000
Army Fort Hood Vehicle Bridge............. 0 18,500
Virginia
Army Fort Belvoir Secure Operations and Admin 60,000 60,000
Facility.
Army Joint Base Langley- Adv Individual Training 55,000 55,000
Eustis Barracks Cplx, Ph4.
Washington
Army Joint Base Lewis- Information Systems 46,000 46,000
McChord Facility.
Worldwide Unspecified
Army Unspecified Worldwide Child Development Centers.. 0 27,000
Locations
Army Unspecified Worldwide Host Nation Support........ 31,000 31,000
Locations
Army Unspecified Worldwide Planning and Design........ 94,099 94,099
Locations
Army Unspecified Worldwide Unspecified Minor 70,600 70,600
Locations Construction.
Army Unspecified Worldwide Unspecified Worldwide 211,000 0
Locations Construction.
........................
Military Construction, Army Total 1,453,499 1,270,999
......................
Arizona
Navy Marine Corps Air Bachelor Enlisted Quarters. 0 99,600
Station Yuma
Navy Marine Corps Air Hangar 95 Renovation & 90,160 90,160
Station Yuma Addition.
Australia
Navy Darwin Aircraft Parking Apron..... 0 50,000
Bahrain Island
Navy SW Asia Electrical System Upgrade.. 53,360 0
California
Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700
Consolidated Warehouse.
Navy Camp Pendleton I MEF Consolidated 113,869 38,869
Information Center.
Navy Marine Corps Air Child Development Center... 0 37,400
Station Miramar
Navy Naval Air Weapons Runway & Taxiway Extension. 64,500 64,500
Station China Lake
[[Page H9669]]
Navy Naval Air Weapons Unspecified Military 0 0
Station China Lake Construction--Earthquake
Damage Recovery.
Navy Naval Base Coronado Aircraft Paint Complex..... 0 79,000
Navy Naval Base Coronado Navy V-22 Hangar........... 86,830 86,830
Navy Naval Base San Diego Pier 8 Replacement (Inc)... 59,353 59,353
Navy Naval Base San Diego PMO Facility Repair........ 0 9,900
Navy Naval Weapons Station Ammunition Pier............ 95,310 60,310
Seal Beach
Navy Naval Weapons Station Missile Magazine........... 0 28,000
Seal Beach
Navy Travis Air Force Base Alert Force Complex........ 64,000 64,000
Connecticut
Navy Naval Submarine Base SSN Berthing Pier 32....... 72,260 72,260
New London
District of Columbia
Navy Naval Observatory Master Time Clocks & 75,600 20,000
Operations Fac (Inc).
Florida
Navy Blount Island Police Station and EOC 0 18,700
Facility.
Navy Naval Air Station Targeting & Surveillance 32,420 32,420
Jacksonville Syst Prod Supp Fac.
Guam
Navy Joint Region Marianas Bachelor Enlisted Quarters 164,100 34,100
H.
Navy Joint Region Marianas EOD Compound Facilities.... 61,900 61,900
Navy Joint Region Marianas Machine Gun Range (Inc).... 91,287 91,287
Hawaii
Navy Marine Corps Air Bachelor Enlisted Quarters. 13,4050 65,490
Station Kaneohe Bay
Navy Naval Ammunition Depot Magazine Consolidation, 53,790 53,790
West Loch Phase 1.
Italy
Navy Naval Air Station Communications Station..... 77,400 0
Sigonella
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3).... 17,4692 100,000
Yokosuka
Navy Marine Corps Air VTOL Pad--South............ 15,870 15,870
Station Iwakuni
Maryland
Navy Saint Inigoes Air Traffic Control Tower.. 0 15,000
North Carolina
Navy Camp Lejeune 10th Marines Himars Complex 35,110 35,110
Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130
Center Replacement.
Navy Camp Lejeune 2nd Radio BN Complex, Phase 25,650 25,650
2 (Inc).
Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570
Facility Upgrades.
Navy Camp Lejeune II MEF Operations Center 12,2200 92,200
Replacement.
Navy Marine Corps Air Aircraft Maintenance Hangar 73,970 73,970
Station Cherry Point (Inc).
Navy Marine Corps Air ATC Tower & Airfield 61,340 61,340
Station Cherry Point Operations.
Navy Marine Corps Air F-35 Training and Simulator 53,230 53,230
Station Cherry Point Facility.
Navy Marine Corps Air Flightline Utility 51,860 51,860
Station Cherry Point Modernization (Inc).
Navy Marine Corps Air CH-53K Cargo Loading 11,320 11,320
Station New River Trainer.
Pennsylvania
Navy Philadelphia Machinery Control 0 74,630
Development Center.
South Carolina
Navy Parris Island Range Improvements & 0 37,200
Modernization Phase 3.
Utah
Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520
Storage Fac (Inc).
Virginia
Navy Marine Corps Base Wargaming Center........... 143,350 33,350
Quantico
Navy Naval Station Norfolk Mariner Skills Training 79,100 79,100
Center.
Navy Naval Station Norfolk MH-60 & CMV-22B Corrison 0 60,000
Control and Paint Facility.
Navy Portsmouth Naval Dry Dock Flood Protection 48,930 48,930
Shipyard Improvements.
Navy Yorktown Naval Weapons NMC Ordnance Facilities 0 59,000
Station Recapitalization Phase 1.
Washington
Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010
Modernization.
Navy Keyport Undersea Vehicle 25,050 25,050
Maintenance Facility.
Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000
to-Complete.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Centers.. 0 62,400
Locations
Navy Unspecified Worldwide Planning and Design........ 167,715 167,715
Locations
Navy Unspecified Worldwide Unspecified Minor 81,237 81,237
Locations Construction.
........................
Military Construction, Navy Total 2,805,743 2,774,961
......................
Alaska
AF Eielson Air Force Base F-35 AME Storage Facility.. 8,600 8,600
Arkansas
AF Little Rock Air Force C-130H/J Fuselage Trainer 47,000 47,000
Base Facility.
AF Little Rock Air Force Dormitory Cost-to-Complete. 0 7,000
Base
Australia
[[Page H9670]]
AF Tindal APR--RAAF Tindal/Earth 11,600 11,600
Covered Magazine.
AF Tindal APR-RAAF Tindal/Bulk 59,000 59,000
Storage Tanks.
California
AF Travis Air Force Base ADAL Aerial Port Squadron 0 17,000
Materiel Warehouse.
AF Travis Air Force Base KC-46A Alter B181/B185/B187 6,600 6,600
Squad Ops/AMU.
AF Travis Air Force Base KC-46A Regional Maintenance 19,500 19,500
Training Facility.
Colorado
AF Peterson Air Force SOCNORTH Theater 0 54,000
Base Operational Support
Facility.
AF Schriever Air Force Consolidated Space 148,000 73,449
Base Operations Facility.
AF United States Air Consolidate Cadet Prep 0 49,000
Force Academy School Dormitory.
Cyprus
AF Royal Air Force New Dormitory for 1 ERS.... 27,000 27,000
Akrotiri
Georgia
AF Moody Air Force Base 41 RQS HH-60W Apron........ 0 12,500
Guam
AF Joint Region Marianas Munitions Storage Igloos 65,000 65,000
III.
Illinois
AF Scott Air Force Base Joint Operations & Mission 100,000 100,000
Planning Center.
Japan
AF Yokota Air Base Fuel Receipt & Distribution 12,400 12,400
Upgrade.
Jordan
AF Azraq Air Traffic Control Tower.. 24,000 0
AF Azraq Munitions Storage Area..... 42,000 0
Mariana Islands
AF Tinian Airfield Development Phase 109,000 10,000
1.
AF Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000
Hydrant System.
AF Tinian Parking Apron.............. 98,000 25,000
Maryland
AF Joint Base Andrews Presidential Aircraft Recap 86,000 86,000
Complex Inc 3.
Massachusetts
AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 135,000 80,000
CSL/MIF) Inc 2.
Missouri
AF Whiteman Air Force Consolidated Vehicle Ops 0 27,000
Base and MX Facility.
Montana
AF Malmstrom Air Force Weapons Storage and 235,000 59,000
Base Maintenance Facility.
Nevada
AF Nellis Air Force Base 365th ISR Group Facility... 57,000 57,000
AF Nellis Air Force Base F-35 Munitions Maintenance 0 3,100
Facilities Cost-to-
Complete.
AF Nellis Air Force Base F-35A Munitions Assembly 8,200 8,200
Conveyor Facility.
New Mexico
AF Holloman Air Force NC3 Support WRM Storage/ 0 20,000
Base Shipping Facility.
AF Kirtland Air Force Combat Rescue Helicopter 15,500 15,500
Base Simulator (CRH) ADAL.
AF Kirtland Air Force UH-1 Replacement Facility.. 22,400 22,400
Base
North Dakota
AF Minot Air Force Base Helo/Trfops/AMUfacility.... 5,500 5,500
Ohio
AF Wright-Patterson Air ADAL Intelligence Prod. 120,900 120,900
Force Base Complex (NASIC) Inc 2.
Texas
AF Joint Base San Antonio AFPC B-Wing................ 0 36,000
AF Joint Base San Antonio Aquatics Tank.............. 69,000 69,000
AF Joint Base San Antonio BMT Recruit Dormitory 8.... 110,000 110,000
AF Joint Base San Antonio T-X ADAL Ground Based Trng 9,300 9,300
Sys (GBTS) Sim.
AF Joint Base San Antonio T-X MX Trng Sys 19,000 19,000
Centrailized Trng Fac.
United Kingdom
AF Royal Air Force F-35A PGM Facility......... 14,300 14,300
Lakenheath
Utah
AF Hill Air Force Base GBSD Mission Integration 108,000 33,000
Facility.
AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500
Missile Storage Fac.
Washington
AF Fairchild Air Force Consolidated TFI Base 31,000 31,000
Base Operations.
AF Fairchild Air Force SERE Pipeline Dormitory 0 4,800
Base Cost-to-Complete.
Worldwide Unspecified
AF Unspecified Worldwide Child Development Centers.. 0 31,500
Locations
AF Various Worldwide Planning and Design........ 142,148 142,148
Locations
AF Various Worldwide Unspecified Minor 79,682 79,682
Locations Construction.
Wyoming
AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100
Base AMU and Alert Fac.
........................
Military Construction, Air Force Total 2,179,230 1,723,579
......................
California
Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700
Replacement.
Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700
Clinic Replacement.
Def-Wide Mountain View--63 RSC Install Microgrid 0 9,700
Controller, 750 Kw PV, and
750 Kwh Battery Storage.
Def-Wide Naval Air Weapons Energy Storage System...... 0 8,950
Station China Lake
Def-Wide NSA Monterey Cogeneration Plant at B236. 0 10,540
CONUS Classified
Def-Wide Classified Location Battalion Complex, Ph 3.... 82,200 82,200
Florida
Def-Wide Eglin Air Froce Base SOF Combined Squadron Ops 16,500 16,500
Facility.
Def-Wide Hurlburt Field SOF AMU & Weapons Hangar... 72,923 72,923
[[Page H9671]]
Def-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513
Operations Facility.
Def-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950
Facility.
Def-Wide Naval Air Station Key SOF Watercraft Maintenance 16,000 16,000
West Facility.
Germany
Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479
Dental Clinic.
Def-Wide Ramstein Landstuhl Elementary School 0 66,800
Guam
Def-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200
Facility.
Def-Wide Naval Base Guam NSA Anderson Smart Grid and 0 16,970
ICS Infrustructure.
Hawaii
Def-Wide Joint Base Pearl Install 500kw Covered 0 4,000
Harbor-Hickam Parking PV System &
Electric Vehicle Charging
Stations B479.
Def-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700
Harbor-Hickam Training Facility.
Japan
Def-Wide Yokosuka Kinnick High School Inc 2.. 130,386 0
Def-Wide Yokota Air Base Bulk Storage Tanks PH1..... 116,305 20,000
Def-Wide Yokota Air Base Pacific East District 20,106 20,106
Superintendent's Office.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 33,000
Hospital Incr 3.
Def-Wide Fort Detrick Medical Research 27,846 27,846
Acquisition Building.
Def-Wide Fort Meade NSAW Recapitalize Building 426,000 426,000
#3 Inc 2.
Def-Wide NSA Bethesda Chiller 3-9 Replacement.... 0 13,840
Def-Wide South Potomac IH Water Project--CBIRF/ 0 18,460
IHEODTD/Housing.
Mississippi
Def-Wide Columbus Air Force Fuel Facilities Replacement 16,800 16,800
Base
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement Incr 2 50,000 50,000
Def-Wide St. Louis Next NGA West (N2W) Complex 218,800 118,800
Phase 2 Inc. 2.
New Mexico
Def-Wide White Sands Missile Install Microgrid, 700kw 0 5,800
Range PV, 150 Kw Generator, and
Batteries.
North Carolina
Def-Wide Camp Lejeune SOF Marine Raider Regiment 13,400 13,400
HQ.
Def-Wide Fort Bragg SOF Assessment and 12,103 12,103
Selection Training Complex.
Def-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000
Generation Facility.
Def-Wide Fort Bragg SOF Operations Support Bldg 29,000 29,000
Oklahoma
Def-Wide Tulsa IAP Fuels Storage Complex...... 18,900 18,900
Rhode Island
Def-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600
Replacement.
South Carolina
Def-Wide Joint Base Charleston Medical Consolidated 33,300 33,300
Storage & Distrib Center.
South Dakota
Def-Wide Ellsworth Air Force Hydrant Fuel System 24,800 24,800
Base Replacement.
Texas
Def-Wide Camp Swift Install Microgrid, 650KW 0 4,500
OV, & 500 KW Generator.
Def-Wide Fort Hood Install a Central Energy 0 16,500
Plant.
Virginia
Def-Wide Defense Distribution Operations Center Phase 2.. 98,800 33,000
Depot Richmond
Def-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600
Base Little Creek-- Support Facility.
Fort Story
Def-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004
Base Little Creek-- Training Facility.
Fort Story
Def-Wide NRO Headquarters Intergration System 0 66
Upgrades.
Def-Wide Pentagon Backup Generator........... 8,670 8,670
Def-Wide Pentagon Control Tower & Fire Day 20,132 20,132
Station.
Def-Wide Training Center Dam SOF Demolition Training 12,770 12,770
Neck Compound Expansion.
Washington
Def-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700
McChord Facility.
Def-Wide Naval Base Kitsap Keyport Main Substation 0 23,670
Replacement.
Wisconsin
Def-Wide Gen Mitchell IAP POL Facilities Replacement. 25,900 25,900
Worldwide Classified
Def-Wide Classified Location Mission Support Compound... 52,000 52,000
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide ERCIP Design............... 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design........ 15,000 15,000
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 29,679 29,679
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 35,472 35,472
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 4,890 4,890
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 14,400 14,400
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 31,464 31,464
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 3,228 3,228
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950
Locations Construction.
Def-Wide Various Worldwide Planning and Design........ 52,532 52,532
Locations
Def-Wide Various Worldwide Planning and Design........ 63,382 63,382
Locations
[[Page H9672]]
Def-Wide Various Worldwide Planning and Design........ 27,000 27,000
Locations
Def-Wide Various Worldwide Planning and Design: 0 30,000
Locations Military Installation
Resiliency.
Def-Wide Various Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Def-Wide Various Worldwide Unspecified Minor 16,736 16,736
Locations Construction.
........................
Military Construction, Defense-Wide Total 2,504,190 2,267,595
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 144,040 144,040
Investment Program Program.
........................
NATO Security Investment Program Total 144,040 144,040
......................
Alabama
Army NG Anniston Army Depot Enlisted Transient Barracks 0 34,000
Army NG Foley National Guard Readiness 12,000 12,000
Center.
California
Army NG Camp Roberts Automated Multipurpose 12,000 12,000
Machine Gun Range.
Idaho
Army NG Orchard Combat Railroad Tracks............ 29,000 29,000
Training Center
Maryland
Army NG Havre de Grace Combined Support 12,000 12,000
Maintenance Shop.
Massachusetts
Army NG Camp Edwards Automated Multipurpose 9,700 9,700
Machine Gun Range.
Minnesota
Army NG New Ulm National Guard Vehicle 11,200 11,200
Maintenance Shop.
Mississippi
Army NG Camp Shelby Automated Multipurpose 8,100 8,100
Machine Gun Range.
Missouri
Army NG Springfield National Guard Readiness 12,000 12,000
Center.
Nebraska
Army NG Bellevue National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Concord National Guard Readiness 5,950 5,950
Center.
New York
Army NG Jamaica Armory National Guard Readiness 0 91,000
Center.
Pennsylvania
Army NG Moon Township Combined Support 23,000 23,000
Maintenance Shop.
Vermont
Army NG Jericho General Instruction 0 30,000
Builiding.
Washington
Army NG Richland National Guard Readiness 11,400 11,400
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 20,469 20,469
Locations
Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction.
........................
Military Construction, Army National Guard Total 210,819 365,819
......................
Delaware
Army Res Newark Army Reserve Center/BMA.... 21,000 21,000
Wisconsin
Army Res Fort McCoy Transient Training Barracks 25,000 25,000
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 6,000 6,000
Locations
Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928
Locations Construction.
........................
Military Construction, Army Reserve Total 60,928 60,928
......................
Louisiana
N/MC Res New Orleans Entry Control Facility 25,260 25,260
Upgrades.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design........ 4,780 4,780
Locations
N/MC Res Unspecified Worldwide Unspecified Minor 24,915 24,915
Locations Construction.
........................
Military Construction, Naval Reserve Total 54,955 54,955
......................
California
Air NG Moffett Air National Fuels/Corrosion Control 0 57,000
Guard Base Hanger and Shops.
Georgia
Air NG Savannah/Hilton Head Consolidated Joint Air 24,000 24,000
IAP Dominance Hangar/Shops.
Missouri
Air NG Rosecrans Memorial C-130 Flight Simulator 9,500 9,500
Airport Facility.
Puerto Rico
Air NG Luis Munoz-Marin IAP Communications Facility.... 12,500 12,500
Air NG Luis Munoz-Marin IAP Maintenance Hangar......... 37,500 36,000
Wisconsin
Air NG Truax Field F-35 Simulator Facility.... 14,000 14,000
Air NG Truax Field Fighter Alert Shelters..... 20,000 20,000
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 31,471 31,471
Locations Construction.
Air NG Various Worldwide Planning and Design........ 17,000 17,000
Locations
........................
[[Page H9673]]
Military Construction, Air National Guard Total 165,971 221,471
......................
Georgia
AF Res Robins Air Force Base Consolidated Misssion 43,000 43,000
Complex Phase 3.
Maryland
AF Res Joint Base Andrews AES Training Admin Facility 0 15,000
Minnesota
AF Res Minneapolis-St.paul Aerial Port Facility....... 0 9,800
IAP
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design........ 4,604 4,604
Locations
AF Res Unspecified Worldwide Unspecified Minor 12,146 12,146
Locations Construction.
........................
Military Construction, Air Force Reserve Total 59,750 84,550
......................
Germany
FH Con Army Baumholder Family Housing Improvements 29,983 29,983
Korea
FH Con Army Camp Humphreys Family Housing New 83,167 83,167
Construction Incr 4.
Pennsylvania
FH Con Army Tobyhanna Army Depot Family Housing Replacement 19,000 19,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D....... 9,222 14,222
Locations
........................
Family Housing Construction, Army Total 141,372 146,372
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 24,027 24,027
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 18,627 63,627
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 128,938 128,938
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 81,065 135,798
Locations
FH Ops Army Unspecified Worldwide Management................. 38,898 38,898
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 484 484
Locations
FH Ops Army Unspecified Worldwide Services................... 10,156 10,156
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 55712 55712
Locations
........................
Family Housing Operation And Maintenance, Army Total 357,907 457,640
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 41,798 41,798
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 3,863 3,863
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning and 2,000 2,000
Locations Design.
........................
Family Housing Construction, Navy And Marine Corps Total 47,661 47,661
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 19,009 19,009
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 21,975 81,575
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 64,126 64,126
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 82,611 137,344
Locations
FH Ops Navy Unspecified Worldwide Management................. 50,122 50,122
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 151 151
Locations
FH Ops Navy Unspecified Worldwide Services................... 16,647 16,647
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 63,229 63,229
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 317,870 432,203
......................
Germany
FH Con AF Spangdahlem Air Base Construct Deficit Military 53,584 53,584
Family Housing.
Worldwide Unspecified
[[Page H9674]]
FH Con AF Unspecified Worldwide Construction Improvements.. 46,638 46,638
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 3,409 3,409
Locations
........................
Family Housing Construction, Air Force Total 103,631 103,631
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 30,283 30,283
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 22,593 53,793
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 15,768 15,768
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 117,704 172,437
Locations
FH Ops AF Unspecified Worldwide Management................. 56,022 56,022
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 2,144 2,144
Locations
FH Ops AF Unspecified Worldwide Services................... 7,770 7,770
Locations
FH Ops AF Unspecified Worldwide Utilities.................. 42,732 42,732
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 295,016 380,949
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings................ 82 82
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 645 645
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 12,906 12,906
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 39,222 39,222
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 13 13
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 4,100 4,100
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 57,000 57,000
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 3,045 3,045
Locations FHIF.
........................
DOD Family Housing Improvement Fund Total 3,045 3,045
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 500 500
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 500 500
......................
Worldwide Unspecified
BRAC Worldwide Unspecified Base Realignment and 66,111 94,111
Locations Closure.
........................
Base Realignment and Closure--Army Total 66,111 94,111
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure. 158,349 216,349
Locations
........................
Base Realignment and Closure--Navy Total 158,349 216,349
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Dod BRAC Activities--Air 54,066 82,066
Locations Force.
........................
Base Realignment and Closure--Air Force Total 54,066 82,066
......................
Prior Year Savings
PYS Prior Year Savings Prior Year Savings......... 0 -64685
........................
Prior Year Savings Total 0 -64,685
......................
Total, Military Construction 11,241,653 10,925,739
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay, Cuba
Army Guantanamo Bay Naval Station OCO: Communications 22,000 22,000
Facility.
Army Guantanamo Bay Naval Station OCO: Detention Legal 11,800 11,800
Office and Comms Ctr.
Army Guantanamo Bay Naval Station OCO: High Value Detention 88,500 0
Facility.
Worldwide Unspecified
Army Unspecified Worldwide Locations EDI/OCO Planning and 19,498 19,498
Design.
Army Unspecified Worldwide Locations EDI: Bulk Fuel Storage.... 36,000 36,000
[[Page H9675]]
Army Unspecified Worldwide Locations EDI: Information Systems 6,200 6,200
Facility.
Army Unspecified Worldwide Locations EDI: Minor Construction... 5,220 5,220
Army Unspecified Worldwide Locations Unspecified Worldwide 9,200,000 0
Construction.
Army Various Worldwide Locations EDI: Various Worldwide 0 36,212
Locations Europe.
Military Construction, Army Total 9,389,218 136,930
Bahrain
Navy SW Asia Electrical System Upgrade. 0 53,360
Italy
Navy Sigonella Communications Station.... 0 77,400
Spain
Navy Rota EDI: In-Transit Munitions 9,960 9,960
Facility.
Navy Rota EDI: Joint Mobility Center 46,840 46,840
Navy Rota EDI: Small Craft Berthing 12,770 12,770
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning and Design....... 25,000 25,000
Navy Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
Military Construction, Navy Total 94,570 261,541
Iceland
AF Keflavik EDI: Airfield Upgrades-- 18,000 18,000
Dangerous Cargo Pad.
AF Keflavik EDI: Beddown Site Prep.... 7,000 7,000
AF Keflavik EDI: Expand Parking Apron. 32,000 32,000
Jordan
AF Azraq Air Traffic Control Tower. 0 24,000
AF Azraq Munitions Storage Area.... 0 42,000
Spain
AF Moron EDI: Hot Cargo Pad........ 8,500 8,500
Worldwide Unspecified
AF Unspecified Planning & Design......... 0 60,000
AF Unspecified Worldwide Locations EDI: ECAOS DABS/FEV EMEDS 107,000 107,000
Storage.
AF Unspecified Worldwide Locations EDI: Hot Cargo Pad........ 29,000 29,000
AF Unspecified Worldwide Locations EDI: Munitions Storage 39,000 39,000
Area.
AF Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
AF Various Worldwide Locations EDI: P&D.................. 61,438 61,438
AF Various Worldwide Locations EDI: UMMC................. 12,800 12,800
Military Construction, Air Force Total 314,738 476,949
Germany
Def-Wide Gemersheim EDI: Logistics 46,000 46,000
Distribution Center Annex.
Military Construction,Defense-Wide Total 46,000 46,000
Total, Military Construction 9,844,526 921,420
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS.
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
California
Navy Naval Air Weapons Station China Planning and Design....... 0 89,320
Lake
Navy Naval Air Weapons Station China Hanger 3 Replacement, 0 514,600
Lake Apron, Taxiway &
Utilities for RDT&E.
Navy Naval Air Weapons Station China Aircraft Parking Apron in 0 50,800
Lake Support of Hanger 2
Replacement.
Navy Naval Air Weapons Station China Michelson Mission Systems 0 202,340
Lake Intergration Laboratory.
Navy Naval Air Weapons Station China Magazines & Inert Storage 0 138,930
Lake Facility.
Navy Naval Air Weapons Station China Air Operations Facility & 0 70,900
Lake Air Traffic Control Tower.
[[Page H9676]]
Navy Naval Air Weapons Station China Community Support 0 85,790
Lake Facilities.
North Carolina
Navy Camp Lejeune Courthouse Bay Fire 0 21,336
Station Replacement.
Navy Camp Lejeune Hadnot Point Fire Station 0 21,931
Replacement.
Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023
Replacement.
Navy Camp Lejeune II MEF Simulation/Training 0 74,487
Center Replacement.
Navy Camp Lejeune LOGCOM CSP Warehouse 0 35,874
Replacement.
Navy Camp Lejeune LSSS Facility Replacement. 0 26,815
Navy Camp Lejeune MC Advisor Battalion HQS 0 30,109
Replacement.
Navy Camp Lejeune MCCSSS Log Ops School..... 0 179,617
Navy Camp Lejeune MCES Applied Instruction 0 95,599
Facility Replacement.
Navy Camp Lejeune NCIS Facilities 0 22,594
Replacement.
Navy Camp Lejeune PMO Facility Replacement.. 0 34,718
Navy Camp Lejeune WTBN Headquarters 0 18,644
Replacement.
Navy MCAS Cherry Point Physical Security 0 52,300
Compliance.
Navy MCAS Cherry Point BT-11 Range Operations 0 14,251
Center Replacement.
Navy MCAS New River C-12W Aircraft Maintenance 0 36,295
Hangar Replacement.
Navy MCAS New River Bachelor Enlisted Quarters 0 62,104
Replacement.
Navy MCAS New River CNATT Classroom Building 0 114,706
Replacement.
Navy MCAS New River CH-53K Maintenance Hangar 0 252,717
Replacement.
.................................
Military Construction, Navy Total 0 2,312,800
...............................
Florida
AF Tyndall Air Force Base 325th Fighting Wing HQ 0 38,000
Facility.
AF Tyndall Air Force Base Aerospace & Operational 0 12,000
Physiology Facility.
AF Tyndall Air Force Base Aircraft MX Fuel Cell 0 37,000
Hangar.
AF Tyndall Air Force Base Aircraft Wash Rack........ 0 9,100
AF Tyndall Air Force Base Airfield Drainage......... 0 144,000
AF Tyndall Air Force Base Auxiliary Ground Equipment 0 22,000
Facility.
AF Tyndall Air Force Base Chapel.................... 0 26,000
AF Tyndall Air Force Base Community Commons Facility 0 64,000
AF Tyndall Air Force Base Deployment Center/Flight 0 43,000
Line Dining/AAFES.
AF Tyndall Air Force Base Dorm Complex Phase 1...... 0 145,000
AF Tyndall Air Force Base Dorm Complex Phase 2...... 0 131,000
AF Tyndall Air Force Base Emergency Management, EOC, 0 20,000
Alt CP.
AF Tyndall Air Force Base Flightline--Muns Storage, 0 36,000
7000 Area.
AF Tyndall Air Force Base Lodging Facilities Phase 1 0 90,000
AF Tyndall Air Force Base Lodging Facilities Phase 2 0 89,000
AF Tyndall Air Force Base Operations Group/ 0 24,000
Maintenance Group HQ.
AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 74,000
Unit/Hangar #2.
AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 75,000
Unit/Hangar #3.
AF Tyndall Air Force Base OSS/Radar Approach Control 0 37,000
Facility.
AF Tyndall Air Force Base Planning and Design....... 0 52,400
AF Tyndall Air Force Base Security Forces Mobility 0 6,700
Storage Facility.
AF Tyndall Air Force Base Simulator Facility........ 0 38,000
AF Tyndall Air Force Base Site Development, 0 141,000
Utilities & Demo Phase 2.
AF Tyndall Air Force Base Small Arms Range.......... 0 26,000
AF Tyndall Air Force Base Special Purpose Vehicle 0 20,000
Maintenance.
AF Tyndall Air Force Base Tyndall AFB Gate Complexes 0 75,000
AF Tyndall Air Force Base Weapons Load Training 0 25,000
Hangar.
Nebraska
AF Offutt Air Force Base Emergency Power Microgrid. 0 43,000
AF Offutt Air Force Base Flightline Hangars Campus. 0 10,000
AF Offutt Air Force Base Lake Campus............... 0 6,000
[[Page H9677]]
AF Offutt Air Force Base Logistics Readiness 0 18,500
Squadron Campus.
AF Offutt Air Force Base Security Campus........... 0 63,000
Virginia
AF Joint Base Langley-Eustis Dormitory................. 0 31,000
.................................
Military Construction, Air Force Total 0 1,671,700
...............................
North Carolina
Def-Wide Camp Lejeune Ambulatory Care Center 0 17,821
(Camp Geiger).
Def-Wide Camp Lejeune Ambulatory Care Center 0 27,492
(Camp Johnson).
Def-Wide Camp Lejeune MARSOC ITC Team Facility 0 30,000
Replacement.
.................................
Military Construction, Defense-Wide Total 0 75,313
...............................
Louisiana
Army NG Pineville National Guard Readiness 0 16,500
Center.
Nebraska
Army NG Ashland Training Site, Various 0 35,000
Facilities.
Army NG Ashland Flood Control Levee/ 0 8,500
Floodwall.
.................................
Military Construction, Army National Guard Total 0 60,000
...............................
Total, Military Construction 0 4,119,813
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 12,408,603 12,444,780
Defense nuclear nonproliferation.. 1,993,302 2,020,814
Naval reactors.................... 1,648,396 1,633,396
Federal salaries and expenses..... 434,699 434,699
Total, National nuclear security 16,485,000 16,533,689
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,506,501 5,527,732
Other defense activities.......... 1,035,339 885,839
Defense nuclear waste disposal.... 26,000 0
Total, Environmental & other defense 6,567,840 6,413,571
activities.........................
Total, Atomic Energy Defense 23,052,840 22,947,260
Activities...........................
Total, Discretionary Funding.............. 23,190,648 23,085,068
Nuclear Energy
Idaho sitewide safeguards and security.. 137,808 137,808
Total, Nuclear Energy..................... 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program....... 792,611 792,611
W76-2 Modification program.......... 10,000 10,000
W88 Alt 370......................... 304,186 304,186
W80-4 Life extension program........ 898,551 898,551
W87-1 Modification Program (formerly 112,011 112,011
IW1)...............................
Total, Life extension programs and 2,117,359 2,117,359
major alterations....................
Stockpile systems
B61 Stockpile systems............... 71,232 71,232
W76 Stockpile systems............... 89,804 89,804
W78 Stockpile systems............... 81,299 81,299
[[Page H9678]]
W80 Stockpile systems............... 85,811 85,811
B83 Stockpile systems............... 51,543 51,543
W87 Stockpile systems............... 98,262 98,262
W88 Stockpile systems............... 157,815 157,815
Total, Stockpile systems.............. 635,766 635,766
Weapons dismantlement and disposition
Operations and maintenance.......... 47,500 47,500
Program increase
Stockpile services
Production support.................. 543,964 543,964
Research and development support.... 39,339 39,339
R&D certification and safety........ 236,235 236,235
Management, technology, and 305,000 305,000
production.........................
Total, Stockpile services............. 1,124,538 1,124,538
Strategic materials
Uranium sustainment................. 94,146 94,146
Plutonium sustainment............... 712,440 712,440
Tritium sustainment................. 269,000 269,000
Lithium sustainment................. 28,800 28,800
Domestic uranium enrichment......... 140,000 140,000
Strategic materials sustainment..... 256,808 256,808
Total, Strategic materials............ 1,501,194 1,501,194
Total, Directed stockpile work.......... 5,426,357 5,426,357
Research, development, test and
evaluation (RDT&E)
Science
Advanced certification.............. 57,710 57,710
Primary assessment technologies..... 95,169 95,169
Dynamic materials properties........ 133,800 133,800
Advanced radiography................ 32,544 32,544
Secondary assessment technologies... 77,553 77,553
Academic alliances and partnerships. 44,625 44,625
Enhanced Capabilities for 145,160 145,160
Subcritical Experiments............
Total, Science........................ 586,561 586,561
Engineering
Enhanced surety..................... 46,500 46,500
Delivery Environments (formerly 35,945 35,945
Weapons Systems Engineering
Assessment Technology).............
Nuclear survivability............... 53,932 53,932
Enhanced surveillance............... 57,747 57,747
Stockpile Responsiveness............ 39,830 80,630
Program expansion................. [40,800]
Total, Engineering ................... 233,954 274,754
Inertial confinement fusion ignition
and high yield
Ignition and Other Stockpile 55,649 55,649
Programs...........................
Diagnostics, cryogenics and 66,128 66,128
experimental support...............
Pulsed power inertial confinement 8,571 8,571
fusion.............................
Joint program in high energy density 12,000 12,000
laboratory plasmas.................
Facility operations and target 338,247 343,247
production.........................
Program increase.................. [5,000]
Total, Inertial confinement fusion and 480,595 485,595
high yield...........................
Advanced simulation and computing
Advanced simulation and computing... 789,849 789,849
Construction:
18-D-620, Exascale Computing 50,000 50,000
Facility Modernization Project,
LLNL.............................
Total, Construction................. 50,000 50,000
Total, Advanced simulation and 839,849 839,849
computing............................
Advanced manufacturing
Additive manufacturing.............. 18,500 18,500
Component manufacturing development. 48,410 52,000
UFR list--technology maturation... [3,590]
Process technology development...... 69,998 69,998
Total, Advanced manufacturing......... 136,908 140,498
Total, RDT&E............................ 2,277,867 2,327,257
Infrastructure and operations
Operations of facilities.............. 905,000 905,000
Safety and environmental operations... 119,000 119,000
Maintenance and repair of facilities.. 456,000 456,000
Recapitalization:
Infrastructure and safety........... 447,657 447,657
Capability based investments........ 135,341 135,341
Total, Recapitalization............... 582,998 582,998
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS...........
[[Page H9679]]
18-D-690, Lithium Processing 32,000 32,000
Facility, Y-12 (formerly Lithium
Production Capability, Y-12).......
18-D-650, Tritium Finishing 27,000 27,000
Facility, SRS......................
17-D-640, U1a Complex Enhancements 35,000 35,000
Project, NNSS......................
15-D-612, Emergency Operations 5,000 5,000
Center, LLNL.......................
15-D-611, Emergency Operations 4,000 4,000
Center, SNL........................
15-D-301, HE Science & Engineering 123,000 123,000
Facility, PX.......................
06-D-141 Uranium processing facility 745,000 745,000
Y-12, Oak Ridge, TN................
04-D-125, Chemistry and Metallurgy 168,444 168,444
Research Replacement Project, LANL.
Total, Construction................... 1,145,444 1,145,444
Total, Infrastructure and operations.... 3,208,442 3,208,442
Secure transportation asset
Operations and equipment.............. 209,502 209,502
Program direction..................... 107,660 107,660
Total, Secure transportation asset...... 317,162 317,162
Defense nuclear security
Operations and maintenance............ 778,213 765,000
Excess to need...................... [-13,213]
Total, Defense nuclear security......... 778,213 765,000
Information technology and cybersecurity 309,362 309,362
Legacy contractor pensions.............. 91,200 91,200
Total, Weapons Activities................. 12,408,603 12,444,780
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Global material security
International nuclear security...... 48,839 48,839
Domestic radiological security...... 90,513 90,513
International radiological security. 60,827 78,907
Secure additional radiologic [18,080]
materials........................
Nuclear smuggling detection and 142,171 142,171
deterrence.........................
Total, Global material security....... 342,350 360,430
Material management and minimization
HEU reactor conversion.............. 114,000 99,000
Program decrease.................. [-15,000]
Nuclear material removal............ 32,925 32,925
Material disposition................ 186,608 186,608
Total, Material management & 333,533 318,533
minimization.........................
Nonproliferation and arms control..... 137,267 137,267
Defense nuclear nonproliferation R&D.. 495,357 499,789
Additional verification and [4,432]
detection effort...................
Nonproliferation Construction:
18-D-150 Surplus Plutonium 79,000 79,000
Disposition Project................
99-D-143 Mixed Oxide (MOX) Fuel 220,000 220,000
Fabrication Facility, SRS..........
Low-enriched uranium research and 0 20,000
development..........................
Program increase.................... [20,000]
Total, Nonproliferation construction.. 299,000 299,000
Total, Defense Nuclear Nonproliferation 1,607,507 1,635,019
Programs...............................
Legacy contractor pensions.............. 13,700 13,700
Nuclear counterterrorism and incident 372,095 372,095
response program.......................
DPRK phased denuclearization long-term 0
monitoring and verification............
Total, Defense Nuclear Nonproliferation... 1,993,302 2,020,814
Naval Reactors
Naval reactors development.............. 531,205 516,205
Unjustified growth.................... [-15,000]
Columbia-Class reactor systems 75,500 75,500
development............................
S8G Prototype refueling................. 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure.........................
Construction:
20-D-931, KL Fuel Development 23,700 23,700
Laboratory...........................
19-D-930, KS Overhead Piping.......... 20,900 20,900
14-D-901 Spent fuel handling 238,000 238,000
recapitalization project, NRF........
Total, Construction..................... 282,600 282,600
Program direction....................... 50,500 50,500
Total, Naval Reactors..................... 1,648,396 1,633,396
Federal Salaries And Expenses
Program direction....................... 434,699 434,699
Total, Office Of The Administrator........ 434,699 434,699
Defense Environmental Cleanup
[[Page H9680]]
Closure sites:
Closure sites administration.......... 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations...........................
Central plateau remediation........... 472,949 522,949
Program increase.................... [50,000]
Richland community and regulatory 5,121 5,121
support..............................
Construction:
18-D-404 WESF Modifications and 11,000 11,000
Capsule Storage....................
Total, Construction................... 11,000 11,000
Total, Hanford site..................... 628,820 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning........................
Rad liquid tank waste stabilization 677,460 705,460
and disposition......................
Program increase.................... [28,000]
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant--LBL/Direct
feed LAW...........................
01-D-16 D, High-level waste facility 30,000 25,000
Program decrease.................. [-5,000]
01-D-16 E--Pretreatment Facility.... 20,000 15,000
Program decrease.................. [-5,000]
Total, Construction................... 690,000 680,000
ORP Low-level waste offsite disposal.. 10,000 10,000
Total, Office of River Protection....... 1,392,460 1,410,460
Idaho National Laboratory:
Idaho cleanup and waste disposition... 331,354 331,354
Idaho community and regulatory support 3,500 3,500
Total, Idaho National Laboratory........ 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,727 1,727
LLNL Excess facilities D&D............ 128,000 55,000
Program decrease.................... [-73,000]
Nuclear facility D & D
Separations Process Research Unit... 15,300 15,300
Nevada.............................. 60,737 60,737
Sandia National Laboratories........ 2,652 2,652
Los Alamos National Laboratory...... 195,462 195,462
Total, NNSA sites and Nevada off-sites.. 403,878 330,878
Oak Ridge Reservation:
OR Nuclear facility D & D............. 93,693 93,693
Total, OR Nuclear facility D & D...... 93,693 93,693
U233 Disposition Program.............. 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition.......... 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 10,000
facility.........................
Program decrease................ [-5,269]
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility...............
Total, Construction................. 64,269 59,000
Total, OR cleanup and waste 146,269 141,000
disposition..........................
OR community & regulatory support..... 4,819 4,819
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 292,781 287,512
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 490,613 515,613
operations.........................
Construction:
18-D-402, Emergency Operations 6,792 6,792
Center...........................
Total, risk management operations..... 497,405 522,405
SR community and regulatory support... 4,749 11,249
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition......
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC).....
20-D-401 Saltstone Disposal Unit 500 500
#10, 11, 12......................
19-D-701 SR Security sytem 0
replacement......................
18-D-402 Saltstone Disposal Unit 51,750 51,750
#8/9.............................
17-D-402 Saltstone Disposal Unit 40,034 40,034
#7...............................
05-D-405 Salt waste processing 20,988 20,988
facility, Savannah River Site....
Total, Construction................. 163,272 163,272
Total, Savannah River site.............. 1,463,132 1,494,632
[[Page H9681]]
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 299,088 299,088
Construction:
15-D-411 Safety significant 58,054 58,054
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 34,500 34,500
Total, Construction................... 92,554 92,554
Total, Waste Isolation Pilot Plant...... 391,642 391,642
Program direction....................... 278,908 278,908
Program support......................... 12,979 12,979
Safeguards and Security
Safeguards and Security............... 317,622 317,622
Total, Safeguards and Security.......... 317,622 317,622
Use of prior year balances.............. -15,562 -15,562
Total, Defense Environmental Cleanup...... 5,506,501 5,527,732
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 139,628 139,628
security.............................
Program direction..................... 72,881 72,881
Total, Environment, Health, Safety and 212,509 212,509
Security...............................
Independent enterprise assessments
Independent enterprise assessments.... 24,068 24,068
Program direction..................... 57,211 54,711
Non-defense function realignment.... [-2,500]
Total, Independent enterprise 81,279 78,779
assessments............................
Specialized security activities......... 254,578 254,578
Office of Legacy Management
Legacy management..................... 283,767 142,767
Program decrease.................... [-141,000]
Program direction..................... 19,262 19,262
Total, Office of Legacy Management...... 303,029 162,029
Defense related administrative support
Chief financial officer............... 54,538 54,538
Chief information officer............. 124,554 118,554
Program decrease.................... [-6,000]
Total, Defense related administrative 179,092 173,092
support................................
Office of Hearings and Appeals.......... 4,852 4,852
Subtotal, Other Defense Activities........ 1,035,339 885,839
Total, Other Defense Activities........... 1,035,339 885,839
Defense Nuclear Waste Disposal
Yucca Mountain and interim storage...... 26,000 0
Program cut........................... 0 [-26,000]
Total, Defense Nuclear Waste Disposal..... 26,000 0
------------------------------------------------------------------------
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019,
AND 2020
SECTION 5001. SHORT TITLE.
This division may be cited as the ``Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020''.
SEC. 5002. SUBDIVISIONS AND TABLE OF CONTENTS.
(a) Divisions.--This division is organized into two
subdivisions as follows:
(1) Subdivision 1--Intelligence Authorizations for Fiscal
Year 2020.
(2) Subdivision 2--Intelligence Authorizations for Fiscal
Years 2018 and 2019.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019,
AND 2020
Sec. 5001. Short title.
Sec. 5002. Subdivisions and table of contents.
Sec. 5003. Definitions.
Subdivision 1--Intelligence Authorizations for Fiscal Year 2020
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by
law.
Sec. 5303. Expansion of scope of protections for identities of covert
agents.
Sec. 5304. Required counterintelligence assessments, briefings,
notifications, and reports.
Sec. 5305. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Subtitle B--Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter
foreign influence operations.
Sec. 5324. Transfer of National Intelligence University to the Office
of the Director of National Intelligence.
Subtitle C--Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
[[Page H9682]]
Sec. 5334. Oversight by Inspector General of the Intelligence Community
over intelligence community whistleblower matters.
Sec. 5335. Report on cleared whistleblower attorneys.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
Sec. 5401. Improving visibility into the security clearance process.
Sec. 5402. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 5501. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
Sec. 5502. Assessment of legitimate and illegitimate financial and
other assets of Vladimir Putin.
Sec. 5503. Assessments of intentions of political leadership of the
Russian Federation.
Subtitle B--Matters Relating to China
Sec. 5511. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.
Sec. 5512. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of China.
Sec. 5513. Report on efforts by People's Republic of China to influence
election in Taiwan.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
Sec. 5701. Modification of requirements for submission to Congress of
certain reports.
Sec. 5702. Increased transparency regarding counterterrorism budget of
the United States.
Sec. 5703. Study on role of retired and former personnel of
intelligence community with respect to certain foreign
intelligence operations.
Sec. 5704. Collection, analysis, and dissemination of workforce data.
Sec. 5705. Plan for strengthening the supply chain intelligence
function.
Sec. 5706. Comprehensive economic assessment of investment in key
United States technologies by companies or organizations
linked to China.
Sec. 5707. Report by Director of National Intelligence on fifth-
generation wireless network technology.
Sec. 5708. Report on use by intelligence community of facial
recognition technology.
Sec. 5709. Report on deepfake technology, foreign weaponization of
deepfakes, and related notifications.
Sec. 5710. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 5711. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and
machine learning.
Sec. 5712. Report on best practices to protect privacy and civil
liberties of Chinese Americans.
Sec. 5713. Oversight of foreign influence in academia.
Sec. 5714. Report on death of Jamal Khashoggi.
Sec. 5715. Report on terrorist screening database.
Sec. 5716. Report containing threat assessment on terrorist use of
conventional and advanced conventional weapons.
Sec. 5717. Assessment of homeland security vulnerabilities associated
with certain retired and former personnel of the
intelligence community.
Sec. 5718. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Subtitle B--Other Matters
Sec. 5721. Whistleblower disclosures to Congress and committees of
Congress.
Sec. 5722. Task force on illicit financing of espionage and foreign
influence operations.
Sec. 5723. Establishment of fifth-generation technology prize
competition.
Sec. 5724. Establishment of deepfakes prize competition.
Sec. 5725. Identification of and countermeasures against certain
International Mobile Subscriber Identity-catchers.
Sec. 5726. Securing energy infrastructure.
Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and
2019
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by
law.
Sec. 6303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and
addition of special pay authority for cyber positions.
Sec. 6304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 6305. Director of National Intelligence review of placement of
positions within the intelligence community on the
Executive Schedule.
Sec. 6306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 6307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing intelligence
with foreign governments and entities.
Sec. 6308. Cyber protection support for the personnel of the
intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Elimination of sunset of authority relating to management of
supply-chain risk.
Sec. 6310. Limitations on determinations regarding certain security
classifications.
Sec. 6311. Joint Intelligence Community Council.
Sec. 6312. Intelligence community information technology environment.
Sec. 6313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 6314. Policy on minimum insider threat standards.
Sec. 6315. Submission of intelligence community policies.
Sec. 6316. Expansion of intelligence community recruitment efforts.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 6402. Designation of the program manager-information-sharing
environment.
Sec. 6403. Technical modification to the executive schedule.
Sec. 6404. Chief Financial Officer of the Intelligence Community.
Sec. 6405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 6411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 6412. Special rules for certain monthly workers' compensation
payments and other payments for Central Intelligence
Agency personnel.
Sec. 6413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 6414. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central
Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 6421. Consolidation of Department of Energy Offices of
Intelligence and Counterintelligence.
Sec. 6422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 6431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 6432. Notice not required for private entities.
Sec. 6433. Establishment of advisory board for National Reconnaissance
Office.
Sec. 6434. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE LXV--ELECTION MATTERS
Sec. 6501. Report on cyber attacks by foreign governments against
United States election infrastructure.
Sec. 6502. Review of intelligence community's posture to collect
against and analyze Russian efforts to influence the
Presidential election.
Sec. 6503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 6504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 6505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 6506. Information sharing with State election officials.
[[Page H9683]]
Sec. 6507. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for
Federal offices.
Sec. 6508. Designation of counterintelligence officer to lead election
security matters.
TITLE LXVI--SECURITY CLEARANCES
Sec. 6601. Definitions.
Sec. 6602. Reports and plans relating to security clearances and
background investigations.
Sec. 6603. Improving the process for security clearances.
Sec. 6604. Goals for promptness of determinations regarding security
clearances.
Sec. 6605. Security Executive Agent.
Sec. 6606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 6607. Report on clearance in person concept.
Sec. 6608. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 6609. Intelligence community reports on security clearances.
Sec. 6610. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 6611. Information-sharing program for positions of trust and
security clearances.
Sec. 6612. Report on protections for confidentiality of whistleblower-
related communications.
Sec. 6613. Reports on costs of security clearance background
investigations.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 6701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 6702. Assessment of threat finance relating to Russia.
Sec. 6703. Notification of an active measures campaign.
Sec. 6704. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 6705. Report and annual briefing on Iranian expenditures
supporting foreign military and terrorist activities.
Sec. 6706. Expansion of scope of committee to counter active measures.
Subtitle B--Reports
Sec. 6711. Technical correction to Inspector General study.
Sec. 6712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 6713. Review of intelligence community whistleblower matters.
Sec. 6714. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 6715. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 6716. Biennial report on foreign investment risks.
Sec. 6717. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 6718. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 6719. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 6720. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 6721. Inspectors General reports on classification.
Sec. 6722. Reports and briefings on national security effects of global
water insecurity and emerging infectious disease and
pandemics.
Sec. 6723. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the
United States Government regarding significant
operational activities or policy.
Sec. 6724. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 6725. Reports on intelligence community loan repayment and related
programs.
Sec. 6726. Repeal of certain reporting requirements.
Sec. 6727. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of
National Intelligence.
Sec. 6728. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 6729. Intelligence assessment of North Korea revenue sources.
Sec. 6730. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 6741. Public Interest Declassification Board.
Sec. 6742. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 6743. Bug bounty programs.
Sec. 6744. Technical amendments related to the Department of Energy.
Sec. 6745. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 6746. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to
foreign individuals to be accredited to a United Nations
mission in the United States.
Sec. 6747. Sense of Congress on WikiLeaks.
SEC. 5003. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
SUBDIVISION 1--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
SEC. 5100. TABLE OF CONTENTS.
The table of contents for this subdivision is as follows:
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by
law.
Sec. 5303. Expansion of scope of protections for identities of covert
agents.
Sec. 5304. Required counterintelligence assessments, briefings,
notifications, and reports.
Sec. 5305. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Subtitle B--Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter
foreign influence operations.
Sec. 5324. Transfer of National Intelligence University to the Office
of the Director of National Intelligence.
Subtitle C--Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
Sec. 5334. Oversight by Inspector General of the Intelligence Community
over intelligence community whistleblower matters.
Sec. 5335. Report on cleared whistleblower attorneys.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
Sec. 5401. Improving visibility into the security clearance process.
Sec. 5402. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 5501. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
Sec. 5502. Assessment of legitimate and illegitimate financial and
other assets of Vladimir Putin.
Sec. 5503. Assessments of intentions of political leadership of the
Russian Federation.
Subtitle B--Matters Relating to China
Sec. 5511. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.
Sec. 5512. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of China.
Sec. 5513. Report on efforts by People's Republic of China to influence
election in Taiwan.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
[[Page H9684]]
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
Sec. 5701. Modification of requirements for submission to Congress of
certain reports.
Sec. 5702. Increased transparency regarding counterterrorism budget of
the United States.
Sec. 5703. Study on role of retired and former personnel of
intelligence community with respect to certain foreign
intelligence operations.
Sec. 5704. Collection, analysis, and dissemination of workforce data.
Sec. 5705. Plan for strengthening the supply chain intelligence
function.
Sec. 5706. Comprehensive economic assessment of investment in key
United States technologies by companies or organizations
linked to China.
Sec. 5707. Report by Director of National Intelligence on fifth-
generation wireless network technology.
Sec. 5708. Report on use by intelligence community of facial
recognition technology.
Sec. 5709. Report on deepfake technology, foreign weaponization of
deepfakes, and related notifications.
Sec. 5710. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 5711. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and
machine learning.
Sec. 5712. Report on best practices to protect privacy and civil
liberties of Chinese Americans.
Sec. 5713. Oversight of foreign influence in academia.
Sec. 5714. Report on death of Jamal Khashoggi.
Sec. 5715. Report on terrorist screening database.
Sec. 5716. Report containing threat assessment on terrorist use of
conventional and advanced conventional weapons.
Sec. 5717. Assessment of homeland security vulnerabilities associated
with certain retired and former personnel of the
intelligence community.
Sec. 5718. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Subtitle B--Other Matters
Sec. 5721. Whistleblower disclosures to Congress and committees of
Congress.
Sec. 5722. Task force on illicit financing of espionage and foreign
influence operations.
Sec. 5723. Establishment of fifth-generation technology prize
competition.
Sec. 5724. Establishment of deepfakes prize competition.
Sec. 5725. Identification of and countermeasures against certain
International Mobile Subscriber Identity-catchers.
Sec. 5726. Securing energy infrastructure.
TITLE LI--INTELLIGENCE ACTIVITIES
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 5102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 5101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 5101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 5103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2020 the sum of $565,637,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2020 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 5102(a).
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 5201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2020.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 5301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this subdivision
shall not be deemed to constitute authority for the conduct
of any intelligence activity which is not otherwise
authorized by the Constitution or the laws of the United
States.
SEC. 5302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this subdivision for salary,
pay, retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts as
may be necessary for increases in such compensation or
benefits authorized by law.
SEC. 5303. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES
OF COVERT AGENTS.
Section 605(4) of the National Security Act of 1947 (50
U.S.C. 3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and'' and inserting ``;
or''; and
(C) by striking ``agency--'' and all that follows through
``whose identity'' and inserting ``agency whose identity'';
and
(2) in subparagraph (B)(i), by striking ``resides and acts
outside the United States'' and inserting ``acts''.
SEC. 5304. REQUIRED COUNTERINTELLIGENCE ASSESSMENTS,
BRIEFINGS, NOTIFICATIONS, AND REPORTS.
(a) Foreign Counterintelligence and Cybersecurity Threats
to Federal Election Campaigns.--
(1) Reports required.--
(A) In general.--As provided in subparagraph (B), with
respect to an election for Federal office, the Director of
National Intelligence, in coordination with the Under
Secretary of Homeland Security for Intelligence and Analysis
and the Director of the Federal Bureau of Investigation,
shall make publicly available on an internet website an
advisory report on foreign counterintelligence and
cybersecurity threats to campaigns of candidates for Federal
office. Each such report, consistent with the protection of
sources and methods, shall include the following:
(i) A description of foreign counterintelligence and
cybersecurity threats to campaigns of candidates for Federal
office.
(ii) A summary of best practices that campaigns of
candidates for Federal office can employ in seeking to
counter such threats.
(iii) An identification of publicly available resources,
including United States Government resources, for countering
such threats.
(B) Schedule for submittal.--
(i) In general.--Except as provided by clause (ii), with
respect to an election for Federal office, a report under
this subsection shall be first made available not later than
the date that is 1 year before the date of such election, and
may be subsequently revised as the Director of National
Intelligence determines appropriate.
(ii) 2020 elections.--With respect to an election for
Federal office that occurs during 2020, the report under this
subsection shall be first made available not later than the
date that is 60 days after the date of the enactment this
Act, and may be subsequently revised as the Director of
National Intelligence determines appropriate.
(C) Information to be included.--A report under this
subsection shall reflect the most current information
available to the Director of National Intelligence regarding
foreign counterintelligence and cybersecurity threats.
(2) Treatment of campaigns subject to heightened threats.--
If the Director of the Federal Bureau of Investigation and
the Under Secretary of Homeland Security for Intelligence and
Analysis jointly determine that a campaign of a candidate for
Federal office is subject to a heightened foreign
counterintelligence or cybersecurity threat, the Director and
the Under Secretary, consistent with the protection of
sources and methods, may make available additional
information to the appropriate representatives of such
campaign.
(b) Briefings on Counterintelligence Activities of the
Federal Bureau of Investigation.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.), is amended by adding at the
end the following new section:
[[Page H9685]]
``SEC. 512. BRIEFINGS AND NOTIFICATIONS ON
COUNTERINTELLIGENCE ACTIVITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
``(a) Quarterly Briefings.--In addition to, and without any
derogation of, the requirement under section 501 to keep the
congressional intelligence committees fully and currently
informed of the intelligence and counterintelligence
activities of the United States, not less frequently than
once each quarter, or more frequently if requested by the
congressional intelligence committees, the Director of the
Federal Bureau of Investigation shall provide to the
congressional intelligence committees a briefing on the
counterintelligence activities of the Federal Bureau of
Investigation. Such briefings shall include, at a minimum, an
overview and update of--
``(1) the counterintelligence posture of the Bureau;
``(2) counterintelligence investigations; and
``(3) any other information relating to the
counterintelligence activities of the Bureau that the
Director determines necessary.
``(b) Notifications.--In addition to the quarterly
briefings under subsection (a), the Director of the Federal
Bureau of Investigation shall promptly notify the
congressional intelligence committees of any
counterintelligence investigation carried out by the Bureau
with respect to any counterintelligence risk or threat that
is related to an election or campaign for Federal office.
``(c) Guidelines.--
``(1) Development and consultation.--The Director shall
develop guidelines governing the scope of the briefings
provided under subsection (a), the notifications provided
under subsection (b), and the information required by section
5304(a)(2) of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020. The Director shall consult the congressional
intelligence committees during such development.
``(2) Submission.--The Director shall submit to the
congressional intelligence committees--
``(A) the guidelines under paragraph (1) upon issuance; and
``(B) any updates to such guidelines by not later than 15
days after making such update.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 511 the following new item:
``Sec. 512. Briefings and notifications on counterintelligence
activities of the Federal Bureau of Investigation.''.
(c) Director of National Intelligence Assessment of Foreign
Interference in Federal Elections.--
(1) Assessments required.--Not later than 45 days after the
end of a Federal election cycle, the Director of National
Intelligence, in consultation with the heads of such other
executive departments and agencies as the Director considers
appropriate, shall--
(A) conduct an assessment of any information indicating
that a foreign government, or any person acting as an agent
of or on behalf of a foreign government, has acted with the
intent or purpose of interfering in elections for Federal
office occurring during the Federal election cycle; and
(B) transmit the findings of the Director with respect to
the assessment conducted under subparagraph (A), along with
such supporting information as the Director considers
appropriate, to the following:
(i) The President.
(ii) The Secretary of State.
(iii) The Secretary of the Treasury.
(iv) The Secretary of Defense.
(v) The Attorney General.
(vi) The Secretary of Homeland Security.
(vii) Congress.
(2) Elements.--An assessment conducted under paragraph
(1)(A), with respect to an act described in such paragraph,
shall identify, to the maximum extent ascertainable, the
following:
(A) The nature of any foreign interference and any methods
employed to execute the act.
(B) The persons involved.
(C) The foreign government or governments that authorized,
directed, sponsored, or supported the act.
(3) Publication.--The Director shall, not later than 60
days after the end of a Federal election cycle, make
available to the public, to the greatest extent possible
consistent with the protection of sources and methods, the
findings transmitted under paragraph (1)(B).
(4) Federal election cycle defined.--In this section, the
term ``Federal election cycle'' means the period which begins
on the day after the date of a regularly scheduled general
election for Federal office and which ends on the date of the
first regularly scheduled general election for Federal office
held after such date.
(5) Effective date.--This subsection shall apply with
respect to the Federal election cycle that began during
November 2018, and each succeeding Federal election cycle.
SEC. 5305. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT
PLANS REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS
IN NATIONAL INTELLIGENCE PROGRAM.
Section 102A(q)(1)(A) of the National Security Act of 1947
(50 U.S.C. 3024(q)(1)(A)) is amended by inserting ``security
risks,'' after ``schedule,''.
SEC. 5306. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT
EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall develop
policies, processes, and procedures to facilitate the
rotation of personnel of the intelligence community to the
private sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the
Director pursuant to subsection (a), pursuant to a written
agreement with a private-sector organization, and with the
consent of the employee, a head of an element of the
intelligence community may arrange for the temporary detail
of an employee of such element to such private-sector
organization, or from such private-sector organization to
such element under this section.
(c) Agreements.--
(1) In general.--A head of an element of the intelligence
community exercising the authority of the head under
subsection (a) shall provide for a written agreement among
the element of the intelligence community, the private-sector
organization, and the employee concerned regarding the terms
and conditions of the employee's detail under this section.
The agreement--
(A) shall require that the employee of the element, upon
completion of the detail, serve in the element, or elsewhere
in the civil service if approved by the head of the element,
for a period that is at least equal to the length of the
detail;
(B) shall provide that if the employee of the element fails
to carry out the agreement, such employee shall be liable to
the United States for payment of all nonsalary and benefit
expenses of the detail, unless that failure was for good and
sufficient reason, as determined by the head of the element;
(C) shall contain language informing such employee of the
prohibition on sharing, using, or otherwise improperly
handling classified or unclassified nonpublic information for
the benefit or advantage of the private-sector organization;
(D) shall contain language governing the handling of
classified information by such employee during the detail;
and
(E) shall contain language requiring the employee to
acknowledge the obligations of the employee under section
1905 of title 18, United States Code.
(2) Amount of liability.--An amount for which an employee
is liable under paragraph (1) shall be treated as a debt due
the United States.
(3) Waiver.--The head of an element of the intelligence
community may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that
the collection would be against equity and good conscience
and not in the best interests of the United States, after
taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the employee.
(d) Termination.--A detail under this section may, at any
time and for any reason, be terminated by the head of the
element of the intelligence community concerned or the
private-sector organization concerned.
(e) Duration.--
(1) In general.--A detail under this section shall be for a
period of not less than 3 months and not more than 2 years,
renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section may be for
a period in excess of 2 years, but not more than 3 years, if
the head of the element making the detail determines that
such detail is necessary to meet critical mission or program
requirements.
(3) Limitation.--No employee of an element of the
intelligence community may be detailed under this section for
more than a total of 5 years, inclusive of all such details.
(f) Status of Federal Employees Detailed to Private-Sector
Organizations.--
(1) In general.--An employee of an element of the
intelligence community who is detailed to a private-sector
organization under this section shall be considered, during
the period of detail, to be on a regular work assignment in
the element. The written agreement established under
subsection (c)(1) shall address the specific terms and
conditions related to the employee's continued status as a
Federal employee.
(2) Requirements.--In establishing a temporary detail of an
employee of an element of the intelligence community to a
private-sector organization, the head of the element shall--
(A) certify that the temporary detail of such employee
shall not have an adverse or negative impact on mission
attainment or organizational capabilities associated with the
detail; and
(B) in the case of an element of the intelligence community
in the Department of Defense, ensure that the normal duties
and functions of such employees are not, as a result of and
during the course of such temporary detail, performed or
augmented by contractor personnel in violation of the
provisions of section 2461 of title 10, United States Code.
(g) Terms and Conditions for Private-Sector Employees.--An
employee of a private-sector organization who is detailed to
an element of the intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
detailed and shall not receive pay or benefits from the
element, except as provided in paragraph (2);
(2) is deemed to be an employee of the element for the
purposes of--
(A) chapters 73 and 81 of title 5, United States Code;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(C) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(D) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing by the
head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to
an employee performing the same
[[Page H9686]]
functions and duties proposed for performance by the private-
sector employee; and
(6) in the case of an element of the intelligence community
in the Department of Defense, may not be used to circumvent
the provisions of section 2461 of title 10, United States
Code.
(h) Prohibition Against Charging Certain Costs to the
Federal Government.--A private-sector organization may not
charge an element of the intelligence community or any other
agency of the Federal Government, as direct costs under a
Federal contract, the costs of pay or benefits paid by the
organization to an employee detailed to an element of the
intelligence community under this section for the period of
the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out
this section, the Director, pursuant to procedures developed
under subsection (a)--
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law,
establish criteria for elements of the intelligence community
to use appropriated funds to reimburse small business
concerns for the salaries and benefits of its employees
during the periods when the small business concern agrees to
detail its employees to the intelligence community under this
section;
(3) shall take into consideration the question of how
details under this section might best be used to help meet
the needs of the intelligence community, including with
respect to the training of employees;
(4) shall take into consideration areas of private-sector
expertise that are critical to the intelligence community;
and
(5) shall establish oversight mechanisms to determine
whether the public-private exchange authorized by this
section improves the efficiency and effectiveness of the
intelligence community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as appropriate in
the context in which such term is used--
(A) the assignment or loan of an employee of an element of
the intelligence community to a private-sector organization
without a change of position from the intelligence community
element that employs the individual; or
(B) the assignment or loan of an employee of a private-
sector organization to an element of the intelligence
community without a change of position from the private-
sector organization that employs the individual.
(2) Private-sector organization.--The term ``private-sector
organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section
3703(e)(2) of title 5, United States Code.
SEC. 5307. ASSESSMENT OF CONTRACTING PRACTICES TO IDENTIFY
CERTAIN SECURITY AND COUNTERINTELLIGENCE
CONCERNS.
(a) Assessment.--
(1) Contracting practices.--The Director of National
Intelligence shall conduct an assessment of the authorities,
policies, processes, and standards used by the elements of
the intelligence community to ensure that the elements
appropriately weigh security and counterintelligence risks in
awarding a contract to a contractor that--
(A) carries out any joint research and development
activities with a covered foreign country; or
(B) performs any contract or other agreement entered into
with a covered foreign country.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) An assessment of whether the authorities, policies,
processes, and standards specified in paragraph (1)
sufficiently identify security and counterintelligence
concerns.
(B) Identification of any authority gaps in such
authorities, policies, processes, and standards that prevent
the intelligence community from considering the activities
specified in subparagraphs (A) and (B) of paragraph (1) when
evaluating offers for a contract.
(3) Consultation.--In carrying out paragraph (1), the
Director shall consult with each head of an element of the
intelligence community.
(b) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the
assessment under subsection (a)(1).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The assessment under subsection (a)(1).
(B) An identification of any known contractors that have--
(i) carried out activities specified in subparagraphs (A)
and (B) of subsection (a)(1); and
(ii) submitted an offer for a contract with an element of
the intelligence community.
(C) A description of the steps that the Director and the
heads of the elements of the intelligence community took to
identify contractors under subparagraph (B).
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Covered Foreign Country Defined.--In this section, the
term ``covered foreign country'' means the government, or any
entity affiliated with the military or intelligence services
of, the following foreign countries:
(1) The People's Republic of China.
(2) The Russian Federation.
(3) The Democratic People's Republic of Korea.
(4) The Islamic Republic of Iran.
(5) Such other countries as the Director considers
appropriate.
Subtitle B--Office of the Director of National Intelligence
SEC. 5321. ESTABLISHMENT OF CLIMATE SECURITY ADVISORY
COUNCIL.
(a) Establishment.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end
the following new section:
``SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL.
``(a) Establishment.--The Director of National Intelligence
shall establish a Climate Security Advisory Council for the
purpose of--
``(1) assisting intelligence analysts of various elements
of the intelligence community with respect to analysis of
climate security and its impact on the areas of focus of such
analysts;
``(2) facilitating coordination between the elements of the
intelligence community and elements of the Federal Government
that are not elements of the intelligence community in
collecting data on, and conducting analysis of, climate
change and climate security; and
``(3) ensuring that the intelligence community is
adequately prioritizing climate change in carrying out its
activities.
``(b) Composition of Council.--
``(1) Members.--The Council shall be composed of the
following individuals appointed by the Director of National
Intelligence:
``(A) An appropriate official from the National
Intelligence Council, who shall chair the Council.
``(B) The lead official with respect to climate and
environmental security analysis from--
``(i) the Central Intelligence Agency;
``(ii) the Bureau of Intelligence and Research of the
Department of State;
``(iii) the National Geospatial-Intelligence Agency;
``(iv) the Office of Intelligence and Counterintelligence
of the Department of Energy;
``(v) the Office of the Under Secretary of Defense for
Intelligence; and
``(vi) the Defense Intelligence Agency.
``(C) Three appropriate officials from elements of the
Federal Government that are not elements of the intelligence
community that are responsible for--
``(i) providing decision makers with a predictive
understanding of the climate;
``(ii) making observations of our Earth system that can be
used by the public, policymakers, and to support strategic
decisions; or
``(iii) coordinating Federal research and investments in
understanding the forces shaping the global environment, both
human and natural, and their impacts on society.
``(D) Any other officials as the Director of National
Intelligence or the chair of the Council may determine
appropriate.
``(2) Responsibilities of chair.--The chair of the Council
shall have responsibility for--
``(A) identifying agencies to supply individuals from
elements of the Federal Government that are not elements of
the intelligence community;
``(B) securing the permission of the relevant agency heads
for the participation of such individuals on the Council; and
``(C) any other duties that the Director of National
Intelligence may direct.
``(c) Duties and Responsibilities of Council.--The Council
shall carry out the following duties and responsibilities:
``(1) To meet at least quarterly to--
``(A) exchange appropriate data between elements of the
intelligence community and elements of the Federal Government
that are not elements of the intelligence community;
``(B) discuss processes for the routine exchange of such
data and implementation of such processes; and
``(C) prepare summaries of the business conducted at each
meeting.
``(2) To assess and determine best practices with respect
to the analysis of climate security, including identifying
publicly available information and intelligence acquired
through clandestine means that enables such analysis.
``(3) To assess and identify best practices with respect to
prior efforts of the intelligence community to analyze
climate security.
``(4) To assess and describe best practices for identifying
and disseminating climate security indicators and warnings.
``(5) To recommend methods of incorporating analysis of
climate security and the best practices identified under
paragraphs (2) through (4) into existing analytic training
programs.
``(6) To consult, as appropriate, with other elements of
the intelligence community that conduct analysis of climate
change or climate security and elements of the Federal
Government that are not elements of the intelligence
community that conduct analysis of climate change or climate
security, for the purpose of sharing information about
ongoing efforts and avoiding duplication of existing efforts.
``(7) To work with elements of the intelligence community
that conduct analysis of climate change or climate security
and elements of the Federal Government that are not elements
of the intelligence community that conduct analysis of
climate change or climate security--
``(A) to exchange appropriate data between such elements,
establish processes, procedures and practices for the routine
exchange of such data, discuss the implementation of such
processes; and
``(B) to enable and facilitate the sharing of findings and
analysis between such elements.
``(8) To assess whether the elements of the intelligence
community that conduct analysis of climate change or climate
security may inform the research direction of academic work
and the sponsored work of the United States Government.
``(9) At the discretion of the chair of the Council, to
convene conferences of analysts and
[[Page H9687]]
nonintelligence community personnel working on climate change
or climate security on subjects that the chair shall direct.
``(d) Sunset.--The Council shall terminate on the date that
is 4 years after the date of the enactment of this section.
``(e) Definitions.--In this section:
``(1) Climate security.--The term `climate security' means
the effects of climate change on the following:
``(A) The national security of the United States, including
national security infrastructure.
``(B) Subnational, national, and regional political
stability.
``(C) The security of allies and partners of the United
States.
``(D) Ongoing or potential political violence, including
unrest, rioting, guerrilla warfare, insurgency, terrorism,
rebellion, revolution, civil war, and interstate war.
``(2) Climate intelligence indications and warnings.--The
term `climate intelligence indications and warnings' means
developments relating to climate security with the potential
to--
``(A) imminently and substantially alter the political
stability or degree of human security in a country or region;
or
``(B) imminently and substantially threaten--
``(i) the national security of the United States;
``(ii) the military, political, or economic interests of
allies and partners of the United States; or
``(iii) citizens of the United States abroad.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 119B the
following new item:
``Sec. 120. Climate Security Advisory Council.''.
(c) Initial Appointments.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall appoint the members of the Council under
section 120 of the National Security Act of 1947, as added by
subsection (a).
SEC. 5322. FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
(a) Establishment.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by inserting after section
119B the following new section:
``SEC. 119C. FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
``(a) Establishment.--There is within the Office of the
Director of National Intelligence a Foreign Malign Influence
Response Center (in this section referred to as the
`Center').
``(b) Functions and Composition.--The Center shall--
``(1) be comprised of analysts from all elements of the
intelligence community, including elements with diplomatic
and law enforcement functions;
``(2) have access to all intelligence and other reporting
possessed or acquired by the United States Government
pertaining to foreign malign influence;
``(3) serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to foreign malign influence; and
``(4) provide to employees and officers of the Federal
Government in policy-making positions and Congress
comprehensive assessments, and indications and warnings, of
foreign malign influence.
``(c) Director.--
``(1) Appointment.--There is a Director of the Center, who
shall be the head of the Center, and who shall be appointed
by the Director of National Intelligence.
``(2) Role.--The Director of the Center shall--
``(A) report directly to the Director of National
Intelligence;
``(B) carry out the functions under subsection (b); and
``(C) at the request of the President or the Director of
National Intelligence, develop and provide recommendations
for potential responses by the United States to foreign
malign influence.
``(d) Annual Reports.--
``(1) In general.--In addition to the matters submitted
pursuant to subsection (b)(4), at the direction of the
Director of National Intelligence, but not less than once
each year, the Director of the Center shall submit to the
congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report on
foreign malign influence.
``(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the period covered by the
report, a discussion of the following:
``(A) The most significant activities of the Center.
``(B) Any recommendations the Director determines necessary
for legislative or other actions to improve the ability of
the Center to carry out its functions, including
recommendations regarding the protection of privacy and civil
liberties.
``(e) Definitions.--In this section:
``(1) Covered foreign country.--The term `covered foreign
country' means the following:
``(A) The Russian Federation.
``(B) The Islamic Republic of Iran.
``(C) The Democratic People's Republic of Korea.
``(D) The People's Republic of China.
``(E) Any other foreign country that the Director of the
Center determines appropriate for purposes of this section.
``(2) Foreign malign influence.--The term `foreign malign
influence' means any hostile effort undertaken by, at the
direction of, or on behalf of or with the substantial support
of, the government of a covered foreign country with the
objective of influencing, through overt or covert means--
``(A) the political, military, economic, or other policies
or activities of the United States Government or State or
local governments, including any election within the United
States; or
``(B) the public opinion within the United States.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 119B the following new item:
``Sec. 119C. Foreign Malign Influence Response Center.''.
(c) Conforming Amendment.--Section 507(a) of such Act (50
U.S.C. 3106) is amended by adding at the end the following
new paragraph:
``(6) An annual report submitted under section
119C(d)(1).''.
SEC. 5323. ENCOURAGEMENT OF COOPERATIVE ACTIONS TO DETECT AND
COUNTER FOREIGN INFLUENCE OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military intelligence
units, also known as the ``GRU'', and Kremlin-linked troll
organizations often referred to as the ``Internet Research
Agency'', deploy information warfare operations against the
United States, its allies and partners, with the goal of
advancing the strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these
information warfare operations is the weaponization of social
media platforms with the goals of intensifying societal
tensions, undermining trust in governmental institutions
within the United States, its allies and partners in the
West, and generally sowing division, fear, and confusion.
(3) These information warfare operations are a threat to
the national security of the United States and that of the
allies and partners of the United States. As former Director
of National Intelligence Dan Coats stated, ``These actions
are persistent, they are pervasive and they are meant to
undermine America's democracy.''.
(4) These information warfare operations continue to evolve
and increase in sophistication.
(5) Other foreign adversaries and hostile non-state actors
are increasingly adopting similar tactics of deploying
information warfare operations against the West, such as
recent state-backed operations from China around the Hong
Kong protests identified by social media companies.
(6) Technological advances, including artificial
intelligence, will only make it more difficult in the future
to detect fraudulent accounts, deceptive material posted on
social media, and malign behavior on social media platforms.
(7) Because these information warfare operations are
deployed within and across private social media platforms,
the companies that own these platforms have a responsibility
to detect and facilitate the removal or neutralization of
foreign adversary networks operating clandestinely on their
platforms.
(8) The social media companies are inherently
technologically sophisticated and adept at rapidly analyzing
large amounts of data and developing software-based solutions
to diverse and ever-changing challenges on their platforms,
which makes them well-equipped to address the threat
occurring on their platforms.
(9) Independent analyses confirmed Kremlin-linked threat
networks, based on data provided by several social media
companies to the Select Committee on Intelligence of the
Senate, thereby demonstrating that it is possible to discern
both broad patterns of cross-platform information warfare
operations and specific fraudulent behavior on social media
platforms.
(10) General Paul Nakasone, Director of the National
Security Agency, emphasized the importance of these
independent analyses to the planning and conducting of
military cyber operations to frustrate Kremlin-linked
information warfare operations against the 2018 mid-term
elections. General Nakasone stated that the reports ``were
very, very helpful in terms of being able to understand
exactly what our adversary was trying to do to build dissent
within our nation.''.
(11) Institutionalizing ongoing robust, independent, and
vigorous analysis of data related to foreign threat networks
within and across social media platforms will help counter
ongoing information warfare operations against the United
States, its allies, and its partners.
(12) Archiving and disclosing to the public the results of
these analyses by the social media companies and trusted
third-party experts in a transparent manner will serve to
demonstrate that the social media companies are detecting and
removing foreign malign activities from their platforms while
protecting the privacy of the people of the United States and
will build public understanding of the scale and scope of
these foreign threats to our democracy, since exposure is one
of the most effective means to build resilience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the social media companies should cooperate among
themselves and with independent organizations and researchers
on a sustained and regular basis to share and analyze data
and indicators relevant to foreign information warfare
operations within and across their platforms in order to
detect and counter foreign information warfare operations
that threaten the national security of the United States and
its allies and partners;
(2) information from law enforcement and the intelligence
community is also important in assisting efforts by these
social media companies to identify foreign information
warfare operations;
(3) these analytic efforts should be organized in such a
fashion as to meet the highest standards of ethics,
confidentiality, and privacy protection of the people of the
United States, while
[[Page H9688]]
still allowing timely research access to relevant data;
(4) these analytic efforts should be undertaken as soon as
possible to facilitate countering ongoing state or state-
backed foreign information warfare operations and to aid in
preparations for the United States Presidential and
congressional elections in 2020 and beyond;
(5) the structure and operations of social media companies
make them well positioned to work with independent
organizations and researchers to address foreign adversary
threat networks within and across their platforms, and these
efforts could be conducted without direct Government
involvement, direction, or regulation; and
(6) if the social media industry fails to take sufficient
action to address foreign adversary threat networks operating
within or across their platforms, Congress would have to
consider additional safeguards for ensuring that this threat
is effectively mitigated.
(c) Authority to Facilitate Establishment of Social Media
Data and Threat Analysis Center.--
(1) Authority.--The Director of National Intelligence, in
coordination with the Secretary of Defense, may facilitate,
by grant or contract or under an existing authority of the
Director, the establishment of a Social Media Data and Threat
Analysis Center with the functions described in paragraph (2)
at an independent, nonprofit organization.
(2) Functions.--The functions described in this paragraph
are the following:
(A) Acting as a convening and sponsoring authority for
cooperative social media data analysis of foreign threat
networks involving social media companies and third-party
experts, nongovernmental organizations, data journalists,
Federally funded research and development centers, academic
researchers, traditional media, and international
counterparts, as appropriate.
(B) Facilitating analysis of foreign influence operation,
within and across the individual social media platforms as
well as hacking and leaking campaigns, and other tactics, and
related unlawful activities that fund or subsidize such
operations.
(C) Developing processes to share information from
government entities on foreign influence operations with the
individual social media companies to inform threat analysis,
and working with the Office of the Director of National
Intelligence as appropriate.
(D) Determining and making public criteria for identifying
which companies, organizations, or researchers qualify for
inclusion in the activities of the Center, and inviting
entities that fit the criteria to join.
(E) Determining jointly with the social media companies
what data and metadata related to indicators of foreign
adversary threat networks from their platforms and business
operations will be made available for access and analysis.
(F) Developing and making public the criteria and standards
that must be met for companies, other organizations, and
individual researchers to access and analyze data relating to
foreign adversary threat networks within and across social
media platforms and publish or otherwise use the results.
(G) Developing and making public the ethical standards for
investigation of foreign threat networks and use of analytic
results and for protection of the privacy of the customers
and users of the social media platforms and of the
proprietary information of the social media companies.
(H) Developing technical, contractual, and procedural
controls to prevent misuse of data, including any necessary
auditing procedures, compliance checks, and review
mechanisms.
(I) Developing and making public criteria and conditions
under which the Center shall share information with the
appropriate Government agencies regarding threats to national
security from, or violations of the law involving, foreign
activities on social media platforms.
(J) Hosting a searchable archive aggregating information
related to foreign influence and disinformation operations to
build a collective understanding of the threats and
facilitate future examination consistent with privacy
protections.
(K) Developing data standards to harmonize the sharing of
information pursuant to this paragraph.
(d) Reporting and Notifications.--If the Director of
National Intelligence chooses to use funds under subsection
(c)(1) to facilitate the establishment of the Center, the
Director of the Center shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to appropriate congressional committees a
report on--
(A) the estimated funding needs of the Center for fiscal
year 2021 and for subsequent years;
(B) such statutory protections from liability as the
Director considers necessary for the Center, participating
social media companies, and participating third-party
analytical participants;
(C) such statutory penalties as the Director considers
necessary to ensure against misuse of data by researchers;
and
(D) such changes to the Center's mission to fully capture
broader unlawful activities that intersect with, complement,
or support information warfare tactics; and
(2) not less frequently than once each year, submit to the
Director of National Intelligence, the Secretary of Defense,
and the appropriate congressional committees a report--
(A) that assesses--
(i) degree of cooperation and commitment from the social
media companies to the mission of the Center; and
(ii) effectiveness of the Center in detecting and
facilitating the removal or neutralization of clandestine
foreign information warfare operations from social media
platforms; and
(B) includes such recommendations for legislative or
administrative action as the Center considers appropriate to
carry out the functions of the Center
(e) Periodic Reporting to the Public.--The Director of the
Center shall--
(1) once each quarter, make available to the public a
report on key trends in foreign influence and disinformation
operations, including any threats to campaigns and elections,
to inform the public of the United States; and
(2) as the Director considers necessary, provide more
timely assessments relating to ongoing disinformation
campaigns.
(f) Funding.--Of the amounts appropriated or otherwise made
available to the National Intelligence Program (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in fiscal year 2020 and 2021, the Director of National
Intelligence may use up to $30,000,000 to carry out this
section.
(g) Definition of Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Select Committee on Intelligence of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Foreign Affairs of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives; and
(10) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5324. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY TO
THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Transfer.--Upon the submission of the joint
certifications under subsection (b)(1), the Secretary of
Defense and the Director of National Intelligence shall take
such actions that the Director determines necessary to
transfer the National Intelligence University from the
Defense Intelligence Agency to the Director of National
Intelligence.
(b) Joint Certifications.--
(1) Requirement.--Except as provided by paragraph (2), as
soon as practicable after the date of the enactment of this
Act, but not later than 18 months after the date of such
enactment, the Secretary of Defense and the Director of
National Intelligence shall jointly submit to the appropriate
congressional committees written certifications of each of
the following:
(A) The Middle States Commission on Higher Education has
provided regional academic accreditation for the National
Intelligence University before the date of the certification,
or will provide such academic accreditation as of the date on
which the University is transferred under subsection (a).
(B) Members of the Armed Forces attending the University
will be eligible to receive credit for Phase I joint
professional military education.
(C) The Secretary of Education has informed the Director of
National Intelligence that the Secretary has recommended
approval of the degrees to be conferred pursuant to
subsection (e)(2) or will provide such recommended approval
as of the date on which the University is transferred under
subsection (a).
(D) The Director of National Intelligence, in collaboration
with the Secretary of Defense, has established an appropriate
governance model for the University.
(E) The Secretary of Defense shall use the University to
provide personnel of the Department of Defense with advanced
intelligence education.
(2) Failure to certify.--
(A) Actions required.--If the Secretary of Defense and the
Director of National Intelligence fail to submit the
certifications under paragraph (1) by the date specified in
such paragraph, the Secretary and the Director shall--
(i) jointly submit to the appropriate congressional
committees a report on such failure by not later than 21
months after the date of the enactment of this Act; and
(ii) jointly submit such certifications as soon as
practicable.
(B) Contents of report.--The report under subparagraph
(A)(i) shall contain the following:
(i) A description of the progress made toward fulfilling
the conditions described in such paragraph as of the date of
the report.
(ii) A description of any obstacles preventing the
fulfillment of such conditions.
(iii) The estimated dates of completion for the fulfillment
of such conditions and the submission of the certifications.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence,
the Director of the Defense Intelligence Agency, and the
President of the National Intelligence University shall
jointly provide to the appropriate congressional committees a
briefing on the plan to carry out the transfer under
subsection (a), including with respect to--
(1) ensuring the provision of services to all elements of
the intelligence community;
(2) employing a military cadre at the University; and
(3) addressing the current accreditation status of the
National Intelligence University with the Middle States
Commission on Higher Education.
(d) Cost Estimates of Transfer.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the
[[Page H9689]]
Secretary of Defense and the Director of National
Intelligence shall jointly submit to the appropriate
congressional committees an estimate of--
(A) the annual costs of operating the National Intelligence
University; and
(B) the costs to the Federal Government of transferring the
National Intelligence University to the Director of National
Intelligence.
(2) Inclusion of indirect costs.--The estimate submitted
under paragraph (1) shall include all indirect costs,
including with respect to human resources, security,
facilities, and information technology.
(e) Degree-granting Authority.--
(1) Regulations.--Beginning on the date on which the
National Intelligence University is transferred under
subsection (a), under regulations prescribed by the Director
of National Intelligence, the President of the National
Intelligence University may, upon the recommendation of the
faculty of the University, confer appropriate degrees upon
graduates who meet the degree requirements.
(2) Limitation.--A degree may not be conferred under this
section unless--
(A) the Secretary of Education has recommended approval of
the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
(B) the University is accredited by the appropriate
civilian academic accrediting agency or organization to award
the degree, as determined by the Secretary of Education.
(f) Congressional Notification Requirements.--
(1) Actions on nonaccreditation.--Beginning on the date on
which the National Intelligence University is transferred
under subsection (a), the Director of National Intelligence
shall promptly--
(A) notify the congressional intelligence committees of any
action by the Middle States Commission on Higher Education,
or other appropriate academic accrediting agency or
organization, to not accredit the University to award any new
or existing degree; and
(B) submit to such committees a report containing an
explanation of any such action.
(2) Modification or redesignation of degree-granting
authority.--Beginning on the date on which the National
Intelligence University is transferred under subsection (a),
upon any modification or redesignation of existing degree-
granting authority, the Director shall submit to the
congressional intelligence committees a report containing the
rationale for the proposed modification or redesignation and
any subsequent recommendation of the Secretary of Education
with respect to the proposed modification or redesignation.
(g) Conforming Repeal.--
(1) In general.--Section 2161 of title 10, United States
Code, is repealed, and the table of sections at the beginning
of chapter 108 of such title is amended by striking the item
relating to such section 2161.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date on which the Secretary of
Defense and the Director of National Intelligence jointly
submit the joint certifications under subsection (b)(1). The
Secretary and the Director shall jointly notify the Law
Revision Counsel of the House of Representatives of the
submission of the certifications so that the Law Revision
Counsel may execute the amendments made by paragraph (1).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the Senate and
House of Representatives.
(2) Phase i joint professional military education.--The
term ``Phase I joint professional military education'' has
the meaning given that term pursuant to section 2154 of title
10, United States Code.
Subtitle C--Inspector General of the Intelligence Community
SEC. 5331. DEFINITIONS.
In this subtitle:
(1) Whistleblower.--The term ``whistleblower'' means a
person who makes a whistleblower disclosure.
(2) Whistleblower disclosure.--The term ``whistleblower
disclosure'' means a disclosure that is protected under
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234) or section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).
SEC. 5332. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Authority to Convene External Review Panels.--
(1) In general.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.), as amended by section 6718, is
amended by adding at the end the following new section:
``SEC. 1106. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
``(a) Request for Review.--An individual with a claim
described in subsection (b) may submit to the Inspector
General of the Intelligence Community a request for a review
of such claim by an external review panel convened under
subsection (c).
``(b) Claims and Individuals Described.--A claim described
in this subsection is any--
``(1) claim by an individual--
``(A) that the individual has been subjected to a personnel
action that is prohibited under section 1104; and
``(B) who has exhausted the applicable review process for
the claim pursuant to enforcement of such section; or
``(2) claim by an individual--
``(A) that he or she has been subjected to a reprisal
prohibited by paragraph (1) of section 3001(j) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)); and
``(B) who received a decision on an appeal regarding that
claim under paragraph (4) of such section.
``(c) External Review Panel Convened.--
``(1) Discretion to convene.--Upon receipt of a request
under subsection (a) regarding a claim, the Inspector General
of the Intelligence Community may, at the discretion of the
Inspector General, convene an external review panel under
this subsection to review the claim.
``(2) Membership.--
``(A) Composition.--An external review panel convened under
this subsection shall be composed of three members as
follows:
``(i) The Inspector General of the Intelligence Community.
``(ii) Except as provided in subparagraph (B), two members
selected by the Inspector General as the Inspector General
considers appropriate on a case-by-case basis from among
inspectors general of the following:
``(I) The Department of Defense.
``(II) The Department of Energy.
``(III) The Department of Homeland Security.
``(IV) The Department of Justice.
``(V) The Department of State.
``(VI) The Department of the Treasury.
``(VII) The Central Intelligence Agency.
``(VIII) The Defense Intelligence Agency.
``(IX) The National Geospatial-Intelligence Agency.
``(X) The National Reconnaissance Office.
``(XI) The National Security Agency.
``(B) Limitation.--An inspector general of an agency may
not be selected to sit on the panel under subparagraph
(A)(ii) to review any matter relating to a decision made by
such agency.
``(C) Chairperson.--
``(i) In general.--Except as provided in clause (ii), the
chairperson of any panel convened under this subsection shall
be the Inspector General of the Intelligence Community.
``(ii) Conflicts of interest.--If the Inspector General of
the Intelligence Community finds cause to recuse himself or
herself from a panel convened under this subsection, the
Inspector General of the Intelligence Community shall--
``(I) select a chairperson from inspectors general of the
elements listed under subparagraph (A)(ii) whom the Inspector
General of the Intelligence Community considers appropriate;
and
``(II) notify the congressional intelligence committees of
such selection.
``(3) Period of review.--Each external review panel
convened under this subsection to review a claim shall
complete review of the claim no later than 270 days after the
date on which the Inspector General convenes the external
review panel.
``(d) Remedies.--
``(1) Panel recommendations.--If an external review panel
convened under subsection (c) determines, pursuant to a
review of a claim submitted by an individual under subsection
(a), that the individual was the subject of a personnel
action prohibited under section 1104 or was subjected to a
reprisal prohibited by section 3001(j)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)), the panel may recommend that the agency head
take corrective action--
``(A) in the case of an employee or former employee--
``(i) to return the employee or former employee, as nearly
as practicable and reasonable, to the position such employee
or former employee would have held had the reprisal not
occurred; or
``(ii) reconsider the employee's or former employee's
eligibility for access to classified information consistent
with national security; or
``(B) in any other case, such other action as the external
review panel considers appropriate.
``(2) Agency action.--
``(A) In general.--Not later than 90 days after the date on
which the head of an agency receives a recommendation from an
external review panel under paragraph (1), the head shall--
``(i) give full consideration to such recommendation; and
``(ii) inform the panel and the Director of National
Intelligence of what action the head has taken with respect
to the recommendation.
``(B) Failure to inform.--The Director shall notify the
President of any failures to comply with subparagraph
(A)(ii).
``(e) Annual Reports.--
``(1) In general.--Not less frequently than once each year,
the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees and the
Director of National Intelligence a report on the activities
under this section during the previous year.
``(2) Contents.--Subject to such limitations as the
Inspector General of the Intelligence Community considers
necessary to protect the privacy of an individual who has
made a claim described in subsection (b), each report
submitted under paragraph (1) shall include, for the period
covered by the report, the following:
``(A) The determinations and recommendations made by the
external review panels convened under this section.
``(B) The responses of the heads of agencies that received
recommendations from the external review panels.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947, as
amended by section 6718, is amended by adding at the end the
following new item:
``Sec. 1106. Inspector General external review panel.''.
(b) Recommendation on Addressing Whistleblower Appeals
Relating to Reprisal Complaints Against Inspectors General.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community,
[[Page H9690]]
in consultation with the Intelligence Community Inspectors
General Forum, shall submit to the congressional intelligence
committees a recommendation on how to ensure that--
(A) a whistleblower in the intelligence community who has a
complaint against an inspector general in the intelligence
community and who alleges a reprisal, has available the
adjudication and review provided under section 1104 of the
National Security Act of 1947 (50 U.S.C. 3234); and
(B) any such whistleblower who has exhausted the applicable
review process may request an external review panel and
receive one, at the discretion of the Inspector General of
the Intelligence Community.
(2) Contents.--The recommendation submitted pursuant to
paragraph (1) shall include the following:
(A) A discussion of whether and to what degree section 1106
of the National Security Act of 1947, as added by subsection
(a)(1), provides appropriate authorities and mechanisms to
provide an external review panel as described in paragraph
(1) of this subsection and for the purposes described in such
paragraph.
(B) Such recommendations for legislative or administrative
action as the Inspector General may have with respect to
providing an external review panel as described in paragraph
(1) and for the purposes described in such paragraph.
SEC. 5333. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND
PROCEDURES.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in coordination with the Intelligence
Community Inspectors General Forum, shall develop
recommendations, applicable to all inspectors general of
elements of the intelligence community, regarding the
harmonization, where appropriate, of instructions, policies,
and directives relating to processes, procedures, and
timelines for claims and appeals relating to allegations of
personnel actions prohibited under section 1104 of the
National Security Act of 1947 or reprisals prohibited by
section 3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)).
(b) Transparency and Protection.--In developing
recommendations under subsection (a), the Inspector General
of the Intelligence Community shall make efforts to maximize
transparency and protect whistleblowers.
SEC. 5334. OVERSIGHT BY INSPECTOR GENERAL OF THE INTELLIGENCE
COMMUNITY OVER INTELLIGENCE COMMUNITY
WHISTLEBLOWER MATTERS.
(a) System for Notification of Information Relating to
Complaints by Whistleblowers Within the Intelligence
Community.--Subject to subsection (b), not later than 1 year
after the date of the enactment of this Act, the Inspector
General of the Intelligence Community, in consultation with
the Intelligence Community Inspectors General Forum, shall
establish a system whereby the Inspector General of the
Intelligence Community is notified in near real time of the
following:
(1) Submission of complaints by whistleblowers to
inspectors general of elements of the intelligence community
relating to the programs and activities under the
jurisdiction of the Director of National Intelligence, and
information related to such complaints.
(2) Actions taken by an inspector general of an element of
the Intelligence Community relating to such complaints.
(b) Policies for Implementation.--
(1) In general.--The system established under subsection
(a) may not be implemented until the Inspector General of the
Intelligence Community, in consultation with the Intelligence
Community Inspectors General Forum, has developed and
released to each of the inspectors general of the elements of
the intelligence community written policies regarding the
implementation of such subsection.
(2) Requirements.--The policies required by paragraph (1)
shall--
(A) protect the privacy of whistleblowers, including by
preventing dissemination without the consent of the
whistleblower, of any information submitted previously by a
whistleblower to an inspector general of an element of the
intelligence community; and
(B) ensure compliance with the requirements of subsection
(a), while--
(i) ensuring that the Inspector General of the Intelligence
Community can oversee whistleblower policies and practices
and identify matters that, in the judgment of the Inspector
General of the Intelligence Community, may be the subject of
an investigation, inspection, audit, or review by the
Inspector General of the Intelligence Community; and
(ii) avoiding the imposition of inappropriate resource
burdens on inspectors general of elements of the intelligence
community.
SEC. 5335. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Inspector
General of the Intelligence Community and the Intelligence
Community Inspectors General Forum, submit to the
congressional intelligence committees a report on access to
cleared attorneys by whistleblowers in the intelligence
community.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following with respect to the 3-year
period preceding the date of the report:
(1) The number of whistleblowers in the intelligence
community who requested, through formal submission or verbal
request, to retain a cleared attorney and at what stage they
requested an attorney.
(2) The number of such limited security agreements
approved, rejected, or pending.
(3) The scope and clearance levels of such limited security
agreements.
(4) The number of such whistleblowers represented by
cleared counsel.
(5) Recommendations for legislative or administrative
action to ensure that whistleblowers in the intelligence
community have access to cleared attorneys, including
improvements to the limited security agreement process and
such other options as the Inspector General of the
Intelligence Community considers appropriate.
(c) Survey.--The Inspector General of the Intelligence
Community shall ensure that the report submitted under
subsection (a) is based on--
(1) data from a survey of whistleblowers whose identity may
be shared, as appropriate, with the Inspector General of the
Intelligence Community by means of the system established
pursuant to section 5334;
(2) information obtained from the inspectors general of the
intelligence community; or
(3) information from such other sources as may be
identified by the Inspector General of the Intelligence
Community.
Subtitle D--Central Intelligence Agency
SEC. 5341. CLARIFICATION OF CERTAIN AUTHORITY OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 8(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510(a)(1)) is amended by inserting before
``rental of'' the following: ``payment of death benefits in
cases in which the circumstances of the death of an employee
of the Agency, a detailee of the Agency or other employee of
another department or agency of the Federal Government
assigned to the Agency, or an individual affiliated with the
Agency (as determined by the Director), is not covered by
section 11, other similar provisions of Federal law, or any
regulation issued by the Director providing death benefits,
but that the Director determines such payment appropriate;''.
TITLE LIV--SECURITY CLEARANCES
SEC. 5401. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE
PROCESS.
(a) Definition of Security Executive Agent.--In this
section, the term ``Security Executive Agent'' means the
officer serving as the Security Executive Agent pursuant to
section 803 of the National Security Act of 1947, as added by
section 6605.
(b) Policy Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall issue a policy that requires the head of each Federal
agency to create, not later than December 31, 2023, an
electronic portal that can be used by human resources
personnel and applicants for security clearances to view
information about the status of an application for a security
clearance and the average time required for each phase of the
security clearance process.
SEC. 5402. MAKING CERTAIN POLICIES AND EXECUTION PLANS
RELATING TO PERSONNEL CLEARANCES AVAILABLE TO
INDUSTRY PARTNERS.
(a) Definitions.--In this section:
(1) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 6605.
(2) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program), as in effect on the day before the date of the
enactment of this Act) that is participating in the National
Industrial Security Program established by such Executive
Order.
(b) Sharing of Policies and Plans Required.--Each head of a
Federal agency shall share policies and plans relating to
security clearances with appropriate industry partners
directly affected by such policies and plans in a manner
consistent with the protection of national security as well
as the goals and objectives of the National Industrial
Security Program administered pursuant to Executive Order
12829 (50 U.S.C. 3161 note; relating to the National
Industrial Security Program).
(c) Development of Policies and Procedures Required.--Not
later than 90 days after the date of the enactment of this
Act, the Security Executive Agent and the Director of the
National Industrial Security Program shall jointly develop
policies and procedures by which appropriate industry
partners with proper security clearances and a need to know
can have appropriate access to the policies and plans shared
pursuant to subsection (b) that directly affect those
industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
SEC. 5501. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
CAMPAIGNS IN THE UNITED STATES BY THE RUSSIAN
FEDERATION.
(a) Reports.--Title XI of the National Security Act of 1947
(50 U.S.C. 3231 et seq.), as amended by section 5511, is
further amended by adding at the end the following new
section:
``SEC. 1108. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
CAMPAIGNS IN THE UNITED STATES BY THE RUSSIAN
FEDERATION.
``(a) Requirement.--On an annual basis, the Director of the
National Counterintelligence and Security Center shall submit
to the congressional intelligence committees a report on the
influence operations and campaigns in the United States
conducted by the Russian Federation.
``(b) Contents.--Each report under subsection (a) shall
include the following:
``(1) A description and listing of the Russian
organizations and persons involved in influence operations
and campaigns operating in the United States as of the date
of the report.
[[Page H9691]]
``(2) An assessment of organizations that are associated
with or receive funding from organizations and persons
identified in paragraph (1), particularly such entities
operating in the United States.
``(3) A description of the efforts by the organizations and
persons identified in paragraph (1) to target, coerce, and
influence populations within the United States.
``(4) An assessment of the activities of the organizations
and persons identified in paragraph (1) designed to influence
the opinions of elected leaders of the United States or
candidates for election in the United States.
``(5) With respect to reports submitted after the first
report, an assessment of the change in goals, tactics,
techniques, and procedures of the influence operations and
campaigns conducted by the organizations and persons
identified in paragraph (1).
``(c) Coordination.--In carrying out subsection (a), the
Director shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, and any other relevant head of an element of the
intelligence community.
``(d) Form.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 5511, is further amended by inserting after the item
relating to section 1107 the following new item:
``Sec. 1108. Annual reports on influence operations and campaigns in
the United States by the Russian Federation.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees the first report under
section 1108 of the National Security Act of 1947, as added
by subsection (a), by not later than 180 days after the date
of the enactment of this Act.
SEC. 5502. ASSESSMENT OF LEGITIMATE AND ILLEGITIMATE
FINANCIAL AND OTHER ASSETS OF VLADIMIR PUTIN.
(a) Sense of Congress.--It is the sense of Congress that
the United States should do more to expose the corruption of
Vladimir Putin, whose ill-gotten wealth is perhaps the most
powerful global symbol of his dishonesty and his persistent
efforts to undermine the rule of law and democracy in the
Russian Federation.
(b) Assessment.--Not later than 180 days after the date of
the enactment of this Act, consistent with the protection of
intelligence sources and methods, the Director of National
Intelligence shall submit to the appropriate congressional
committees an assessment, based on all sources of
intelligence, on the net worth and financial and other
assets, legitimate as well as illegitimate, of Vladimir Putin
and his family members, including--
(1) the estimated net worth of Vladimir Putin and his
family members;
(2) a description of their legitimately and illegitimately
obtained assets, including all real, personal, and
intellectual property, bank or investment or similar
accounts, and any other financial or business interests or
holdings, including those outside of Russia;
(3) the details of the legitimately and illegitimately
obtained assets, including real, personal, and intellectual
property, bank or investment or similar accounts, and any
other financial or business interests or holdings, including
those outside of Russia, that are owned or controlled by,
accessible to, or otherwise maintained for the benefit of
Vladimir Putin, including their nature, location, manner of
acquisition, value, and publicly named owner (if other than
Vladimir Putin);
(4) the methods used by Vladimir Putin or others acting at
his direction, with his knowledge, or for his benefit, to
conceal Putin's interest in his accounts, holdings, or other
assets, including the establishment of ``front'' or shell
companies and the use of intermediaries; and
(5) an identification of the most significant senior
Russian political figures, oligarchs, and any other persons
who have engaged in activity intended to conceal the true
financial condition of Vladimir Putin.
(c) Form.--The assessment required under subsection (b)
shall be submitted either--
(1) in unclassified form to the extent consistent with the
protection of intelligence sources and methods, and may
include a classified annex; or
(2) simultaneously as both an unclassified version and a
classified version.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Select Committee on Intelligence, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on Finance of the Senate;
and
(2) the Permanent Select Committee on Intelligence,
Committee on Foreign Affairs, the Committee on Financial
Services, and the Committee on Ways and Means of the House of
Representatives.
SEC. 5503. ASSESSMENTS OF INTENTIONS OF POLITICAL LEADERSHIP
OF THE RUSSIAN FEDERATION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, consistent with the protection of
intelligence sources and methods, the Director of National
Intelligence, and the head of any element of the intelligence
community that the Director determines appropriate, shall
submit to the appropriate congressional committees each of
the assessments described in subsection (b).
(b) Assessments Described.--The assessments described in
this subsection are assessments based on intelligence
obtained from all sources that assess the current intentions
of the political leadership of the Russian Federation with
respect to the following:
(1) Potential military action against members of the North
Atlantic Treaty Organization (NATO).
(2) Potential responses to an enlarged United States or
NATO military presence in eastern Europe or to increased
United States military support for allies and partners in the
region, such as the provision of additional lethal military
equipment to Ukraine or Georgia.
(3) Potential actions taken for the purpose of exploiting
perceived divisions among the governments of Russia's Western
adversaries.
(c) Form.--Each assessment required under subsection (a)
may be submitted in classified form but shall also include an
unclassified executive summary, consistent with the
protection of intelligence sources and methods.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, and the Committee on Armed
Services of the House of Representatives; and
(2) the Select Committee on Intelligence, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate.
Subtitle B--Matters Relating to China
SEC. 5511. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
CAMPAIGNS IN THE UNITED STATES BY THE COMMUNIST
PARTY OF CHINA.
(a) Reports.--Title XI of the National Security Act of 1947
(50 U.S.C. 3231 et seq.), as amended by section 5332, is
further amended by adding at the end the following new
section:
``SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
CAMPAIGNS IN THE UNITED STATES BY THE COMMUNIST
PARTY OF CHINA.
``(a) Requirement.--On an annual basis, consistent with the
protection of intelligence sources and methods, the Director
of the National Counterintelligence and Security Center shall
submit to the congressional intelligence committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
on the influence operations and campaigns in the United
States conducted by the Communist Party of China.
``(b) Contents.--Each report under subsection (a) shall
include the following:
``(1) A description of the organization of the United Front
Work Department of the People's Republic of China, or the
successors of the United Front Work Department, and the links
between the United Front Work Department and the Central
Committee of the Communist Party of China.
``(2) An assessment of the degree to which organizations
that are associated with or receive funding from the United
Front Work Department, particularly such entities operating
in the United States, are formally tasked by the Chinese
Communist Party or the Government of China.
``(3) A description of the efforts by the United Front Work
Department and subsidiary organizations of the United Front
Work Department to target, coerce, and influence foreign
populations, particularly those of ethnic Chinese descent.
``(4) An assessment of attempts by the Chinese Embassy,
consulates, and organizations affiliated with the Chinese
Communist Party (including, at a minimum, the United Front
Work Department) to influence the United States-based Chinese
Student Scholar Associations.
``(5) A description of the evolution of the role of the
United Front Work Department under the leadership of the
President of China.
``(6) An assessment of the activities of the United Front
Work Department designed to influence the opinions of elected
leaders of the United States, or candidates for elections in
the United States, with respect to issues of importance to
the Chinese Communist Party.
``(7) A listing of all known organizations affiliated with
the United Front Work Department that are operating in the
United States as of the date of the report.
``(8) With respect to reports submitted after the first
report, an assessment of the change in goals, tactics,
techniques, and procedures of the influence operations and
campaigns conducted by the Chinese Communist Party.
``(c) Coordination.--In carrying out subsection (a), the
Director shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, and any other relevant head of an element of the
intelligence community.
``(d) Form.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 5332, is further amended by inserting after the item
relating to section 1106 the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in
the United States by the Communist Party of China.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate the first report
under section 1107 of the National Security Act of 1947, as
added by subsection (a), by not later than 180 days after the
date of the enactment of this Act.
[[Page H9692]]
SEC. 5512. REPORT ON REPRESSION OF ETHNIC MUSLIM MINORITIES
IN THE XINJIANG REGION OF THE PEOPLE'S REPUBLIC
OF CHINA.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, consistent with the protection of
intelligence sources and methods, the Director of National
Intelligence shall, in consultation with the Secretary of
State, submit to the congressional intelligence committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report on activity by the People's Republic of
China to repress ethnic Muslim minorities in the Xinjiang
region of China.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) An assessment of the number of individuals detained in
``political reeducation camps'', and the conditions in such
camps for detainees, in the Xinjiang region of China,
including whether detainees endure torture, forced
renunciation of faith, or other mistreatment.
(2) A description, as possible, of the geographic location
of such camps.
(3) A description, as possible, of the methods used by
China to ``reeducate'' detainees and the elements of China
responsible for such ``reeducation''.
(4) A description of any forced labor in such camps, and
any labor performed in regional factories for low wages under
the threat of being sent back to ``political reeducation
camps''.
(5) An assessment of the level of access China grants to
foreign persons observing the situation in Xinjiang and a
description of measures used to impede efforts to monitor the
conditions in Xinjiang.
(6) An assessment of the surveillance, detection, and
control methods used by China to target ethnic minorities,
including new ``high-tech'' policing models and a description
of any civil liberties or privacy protections provided under
such models.
(7) An assessment and identification of the technological
and financial support provided by United States-based
companies, including technological support for the
development of facial recognition capabilities or
technologies for digital surveillance, social control, or
censorship, and financial support, including from financial
institutions, investment vehicles, and pension funds, to
China-based companies or Chinese government entities
providing material support to the digital surveillance or
repression of Uyghur and other ethnic minorities in Xinjiang
by the Xinjiang authorities.
(c) Coordination.--The Director of National Intelligence
shall carry out subsection (a) in coordination with the
Director of the Central Intelligence Agency, the Director of
the National Security Agency, the Director of the National
Geospatial-Intelligence Agency, and the head of any other
agency of the Federal Government that the Director of
National Intelligence determines appropriate.
(d) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 5513. REPORT ON EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO
INFLUENCE ELECTION IN TAIWAN.
(a) Report.--Consistent with section 3(c) of the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), and
consistent with the protection of intelligence sources and
methods, not later than 45 days after the date of the
election for the President and Vice President of Taiwan in
2020, the Director of National Intelligence shall submit to
the congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report on
any--
(1) influence operations conducted by China to interfere in
or undermine such election; and
(2) efforts by the United States to disrupt such
operations.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of any significant efforts by the
intelligence community to coordinate technical and material
support for Taiwan to identify, disrupt, and combat influence
operations specified in subsection (a)(1).
(2) A description of any efforts by the United States
Government to build the capacity of Taiwan to disrupt
external efforts that degrade a free and fair election
process.
(3) An assessment of whether and to what extent China
conducted influence operations specified in subsection
(a)(1), and, if such operations occurred--
(A) a comprehensive list of specific governmental and
nongovernmental entities of China that were involved in
supporting such operations and a description of the role of
each such entity; and
(B) an identification of any tactics, techniques, and
procedures used in such operations.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle C--Matters Relating to Other Countries
SEC. 5521. SENSE OF CONGRESS AND REPORT ON IRANIAN EFFORTS IN
SYRIA AND LEBANON.
(a) Sense of Congress.--It is the sense of Congress that,
regardless of the ultimate number of United States military
personnel deployed to Syria, it is a vital interest of the
United States to prevent the Islamic Republic of Iran,
Hizballah, and other Iranian-backed forces from establishing
a strong and enduring presence in Syria that can be used to
project power in the region and threaten the United States
and its allies, including Israel.
(b) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of State and
the Secretary of Defense, shall submit to the appropriate
congressional committees a report that assesses--
(A) efforts by Iran to establish long-term influence in
Syria through military, political, economic, social, and
cultural means;
(B) the degree to which Iranian support of proxy forces in
Syria and Lebanon contributes to Iranian strategy with
respect to the region; and
(C) the threat posed by the efforts described in
subparagraph (A) to United States interests and allies.
(2) Elements.--The report under paragraph (1) shall include
each of the following:
(A) An assessment of--
(i) how Iran and Iranian-backed forces, including the
Islamic Revolutionary Guard Corps and Hizballah, have
provided or are currently providing manpower, training,
weapons, equipment, and funding to the Syrian government led
by President Bashar al-Assad;
(ii) the support provided by Iran and Hizballah to Shia
militias operating in Syria composed of domestic fighters
from Syria and foreign fighters from countries such as
Afghanistan, Iraq, Lebanon, and Pakistan;
(iii) operational lessons learned by Hizballah based on the
recent experiences of Hizballah in Syria;
(iv) the threat posed by Iran and Iranian-backed forces
to--
(I) the al-Tanf garrison; and
(II) areas of northeast Syria that are currently controlled
by local partner forces of the United States;
(v) the degree to which efforts of the United States to
sustain and strengthen Kurdish forces in Syria may undermine
the influence of Iran and Iranian-backed forces in Syria;
(vi) how Iran and Iranian-backed forces seek to enhance the
long-term influence of such entities in Syria through non-
military means such as purchasing strategic real estate in
Syria, constructing Shia religious centers and schools,
securing loyalty from Sunni tribes in exchange for material
assistance, and inducing the Assad government to open Farsi-
language departments at Syrian universities;
(vii) whether the prominent role of Iran in Syria,
including the influence of Iran over government institutions,
may increase the likelihood of the reconstitution of the
Islamic State of Iraq and Syria in Syria; and
(viii) the provision of goods, services, or technology
transferred by Iran or its affiliates to Hizballah for the
purpose of indigenously manufacturing or otherwise producing
missiles.
(B) An analysis of--
(i) how Iran is working with the Russian Federation,
Turkey, and other countries to increase the influence of Iran
in Syria;
(ii) the goals of Iran in Syria, including, but not limited
to, protecting the Assad government, increasing the regional
influence of Iran, threatening Israel from a more proximate
location, building weapon-production facilities and other
military infrastructure, and securing a land bridge to
connect Iran through Iraq and Syria to the stronghold of
Hizballah in southern Lebanon; and
(iii) the foreign and domestic supply chains that
significantly facilitate, support, or otherwise aid
acquisition or development by Hizballah of missile production
facilities, including the geographic distribution of such
foreign and domestic supply chains.
(C) A description of--
(i) how the efforts of Iran to transfer advanced weapons to
Hizballah and to establish a military presence in Syria has
led to direct and repeated confrontations with Israel;
(ii) the intelligence and military support that the United
States provides to Israel to help Israel identify and
appropriately address specific threats to Israel from Iran
and Iranian-backed forces in Syria;
(iii) the threat posed to Israel and other allies of the
United States in the Middle East resulting from the transfer
of arms or related material, or other support, by Iran to
Hizballah and other proxies;
(iv) Iranian and Iranian-controlled personnel operating
within Syria, including Hizballah, Shiite militias, and
Revolutionary Guard Corps forces of Iran, and the number and
geographic distribution of such personnel;
(v) any rocket-producing facilities in Lebanon for nonstate
actors, including whether such facilities were assessed to be
built at the direction of Hizballah leadership, Iranian
leadership, or in consultation between Iranian leadership and
Hizballah leadership; and
(vi) Iranian expenditures in the previous calendar year on
military and terrorist activities outside the country,
including the amount of such expenditures with respect to
each of Hizballah, Houthi rebels in Yemen, Hamas, proxy
forces in Iraq and Syria, ballistic missile research and
testing, and any other entity, country, or activity that the
Director determines as destabilizing to the Middle East
region.
(3) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(4) Definitions.--In this subsection:
(A) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(i) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(ii) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(B) Arms or related material.--The term ``arms or related
material'' means--
(i) nuclear, biological, chemical, or radiological weapons
or materials or components of such weapons;
[[Page H9693]]
(ii) ballistic or cruise missile weapons or materials or
components of such weapons;
(iii) destabilizing numbers and types of advanced
conventional weapons;
(iv) defense articles or defense services, as those terms
are defined in paragraphs (3) and (4), respectively, of
section 47 of the Arms Export Control Act (22 U.S.C. 2794);
(v) defense information, as that term is defined in section
644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403);
or
(vi) items designated by the President for purposes of the
United States Munitions List under section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)).
SEC. 5522. ASSESSMENTS REGARDING THE NORTHERN TRIANGLE AND
MEXICO.
(a) Assessment.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence,
in coordination with the Under Secretary of Homeland Security
for Intelligence and Analysis, the Assistant Secretary of
State for Intelligence and Research, the Chief of
Intelligence of the Drug Enforcement Administration, and
other appropriate officials in the intelligence community,
shall submit to the appropriate congressional committees a
report containing a comprehensive assessment of drug
trafficking, human trafficking, and human smuggling
activities in the Northern Triangle and Mexico.
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) An assessment of the effect of drug trafficking, human
trafficking, and human smuggling on the security and economic
situation in the Northern Triangle.
(B) An assessment of the effect of the activities of drug
trafficking organizations on the migration of persons from
the Northern Triangle to the United States-Mexico border.
(C) A summary of any relevant activities by elements of the
intelligence community in relation to drug trafficking, human
trafficking, and human smuggling in the Northern Triangle and
Mexico.
(D) An assessment of methods and routes used by drug
trafficking organizations, human traffickers, and human
smugglers to move drugs, persons, or both from the Northern
Triangle and Mexico to the United States.
(E) An assessment of the intersection between the
activities of drug trafficking organizations, human
traffickers and human smugglers, and other organized criminal
groups in the Northern Triangle and Mexico.
(F) An assessment of the illicit funds and financial
transactions that support the activities of drug trafficking
organizations, human traffickers, and human smugglers, and
connected criminal enterprises, in the Northern Triangle and
Mexico.
(G) A comprehensive review of the current collection
priorities of the intelligence community for the Northern
Triangle and Mexico, as of the date of the enactment of this
Act, in order to identify whether such priorities are
appropriate and sufficient in light of the threat posed by
the activities of drug trafficking organizations and human
traffickers and human smugglers to the security of the United
States and the Western Hemisphere.
(3) Form.--The report required by paragraph (1) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
(4) Availability.--The report under paragraph (1), or the
unclassified summary of the report described in paragraph
(3), shall be made publicly available.
(b) Briefings.--
(1) Semiannual requirement.--Not later than 90 days after
the date on which the report under subsection (a) is
submitted, and every 180 days thereafter for a 5-year period,
the Director of National Intelligence shall provide to the
congressional intelligence committees a briefing on the
intelligence community's collection priorities and activities
in the Northern Triangle and Mexico with a focus on the
threat posed by the activities of drug trafficking
organizations and human traffickers and human smugglers to
the security of the United States and the Western Hemisphere.
(2) Matters included.--Each briefing under paragraph (1)
shall include a description of the funds expended by the
intelligence community on the efforts described in such
paragraph during the preceding fiscal year, except the first
such briefing shall cover fiscal years 2018 and 2019.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate.
(2) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' by section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102).
(3) Northern triangle.--The term ``Northern Triangle''
means El Salvador, Guatemala, and Honduras.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
SEC. 5601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence, the
Committee on Homeland Security, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given that term in section 2331 of title 18,
United States Code.
(3) Hate crime.--The term ``hate crime'' means a criminal
offense under--
(A) sections 241, 245, 247, and 249 of title 18, United
States Code; and
(B) section 3631 of title 42, United States Code.
(4) International terrorism.--The term ``international
terrorism'' has the meaning given that term in section 2331
of title 18, United States Code.
(5) Terms in attorney general's guidelines for domestic fbi
operations.--The terms ``assessments'', ``full
investigations'', ``enterprise investigations'', ``predicated
investigations'', and ``preliminary investigations'' have the
meanings given those terms in the most recent, approved
version of the Attorney General's Guidelines for Domestic FBI
Operations (or successor).
(6) Terms in fbi budget materials.--The terms
``Consolidated Strategy Guide'', ``Field Office Strategic
Plan'', ``Integrated Program Management Process'', and
``Threat Review and Prioritization'' have the meanings given
those terms in the materials submitted to Congress by the
Attorney General in support of the Federal Bureau of
Investigation budget for fiscal year 2020.
(7) Terrorism.--The term ``terrorism'' includes domestic
terrorism and international terrorism.
(8) Terrorism information.--The term ``terrorism
information'' has the meaning given that term in section
1016(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485).
(9) Time utilization and recordkeeping data.--The term
``time utilization and recordkeeping data'' means data
collected on resource utilization and workload activity of
personnel of the Federal Bureau of Investigation in
accordance with Federal law.
SEC. 5602. STRATEGIC INTELLIGENCE ASSESSMENT OF AND REPORTS
ON DOMESTIC TERRORISM.
(a) Report on Standardization of Terminology and Procedures
Relating to Domestic Terrorism.--Not later than 90 days after
the date of the enactment of this Act, the Director of the
Federal Bureau of Investigation and the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence in a manner consistent with the authorities and
responsibilities of such Director, shall jointly--
(1) develop, to the fullest extent feasible and for
purposes of internal recordkeeping and tracking, uniform and
standardized--
(A) definitions of the terms ``domestic terrorism'', ``act
of domestic terrorism'', ``domestic terrorism groups'', and
any other commonly used terms with respect to domestic
terrorism;
(B) methodologies for tracking incidents of domestic
terrorism; and
(C) descriptions of categories and subcategories of--
(i) domestic terrorism; and
(ii) ideologies relating to domestic terrorism;
(2) submit to the appropriate congressional committees a
report containing the information developed under paragraph
(1).
(b) Report Containing Strategic Intelligence Assessment and
Data on Domestic Terrorism.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation and the Secretary of Homeland Security, in
consultation with the Director of National Intelligence in a
manner consistent with the authorities and responsibilities
of such Director, shall jointly submit to the appropriate
congressional committees a report on domestic terrorism
containing the following:
(A) The strategic intelligence assessment under paragraph
(2).
(B) The discussion of activities under paragraph (3).
(C) Data on domestic terrorism under paragraph (4).
(D) Recommendations under paragraph (5).
(2) Strategic intelligence assessment.--
(A) Assessment required.--The Director of the Federal
Bureau of Investigation and the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence in a manner consistent with the authorities and
responsibilities of such Director, shall prepare and include
in the report under paragraph (1) a strategic intelligence
assessment of domestic terrorism in the United States during
fiscal years 2017, 2018, and 2019.
(B) Standards.--The Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security, in
consultation with the Director of National Intelligence in a
manner consistent with the authorities and responsibilities
of such Director, shall ensure that the strategic assessment
under subparagraph (A) complies with the analytic integrity
and tradecraft standards of the intelligence community.
(3) Discussion of activities.--The report under paragraph
(1) shall discuss and compare the following with respect to
each applicable element of the intelligence community:
(A) The criteria for opening, managing, and closing
domestic and international terrorism investigations.
(B) Standards and procedures for the Federal Bureau of
Investigation with respect to the review, prioritization, and
mitigation of domestic and international terrorism threats in
the United States.
(C) The planning (including plans of analysis of the
Federal Bureau of Investigation, Department of Homeland
Security, and National
[[Page H9694]]
Counterterrorism Center), development, production, analysis,
and evaluation of intelligence and intelligence products
relating to terrorism, noting any differences with respect to
domestic terrorism and international terrorism.
(D) The sharing of information relating to domestic and
international terrorism by and between--
(i) the Federal Government;
(ii) State, local, Tribal, territorial, and foreign
governments;
(iii) the appropriate congressional committees;
(iv) nongovernmental organizations; and
(v) the private sector.
(E) The criteria and methodology used by the Federal Bureau
of Investigation to identify or assign terrorism
classifications to investigations of domestic terrorism.
(F) Compliance by the Federal Government with privacy,
civil rights, and civil liberties policies and protections
applicable to the production of the report under paragraph
(1), including protections against the public release of
names or other personally identifiable information of
individuals involved in incidents, investigations,
indictments, prosecutions, or convictions for which data is
reported under this section.
(G) Information regarding any training or resources
provided by the Federal Bureau of Investigation, the
Department of Homeland Security, or the National
Counterterrorism Center, to assist Federal, State, local, and
Tribal law enforcement agencies in understanding, detecting,
deterring, and investigating acts of domestic terrorism,
including the date, type, subject, and recipient agencies of
such training or resources.
(4) Data on domestic terrorism.--
(A) Data required.--In accordance with subparagraph (B),
the report under paragraph (1) shall include the following
data for the period beginning on January 1, 2009, and ending
on the date of the enactment of this Act:
(i) For each completed or attempted incident of domestic
terrorism that has occurred in the United States during such
period--
(I) a description of such incident;
(II) the date and location of such incident;
(III) the number and type of completed and attempted
Federal nonviolent crimes committed during such incident;
(IV) the number and type of completed and attempted Federal
and State property crimes committed during such incident,
including an estimate of economic damages resulting from such
crimes; and
(V) the number and type of completed and attempted Federal
violent crimes committed during such incident, including the
number of people injured or killed as a result of such
crimes.
(ii) For such period--
(I) an identification of each assessment, preliminary
investigation, full investigation, and enterprise
investigation with a nexus to domestic terrorism opened,
pending, or closed by the Federal Bureau of Investigation;
(II) the number of assessments or investigations identified
under subclause (I) associated with each domestic terrorism
investigative classification (including subcategories);
(III) the number of assessments or investigations described
in subclause (II) initiated as a result of a referral or
investigation by a Federal, State, local, Tribal,
territorial, or foreign government, of a hate crime;
(IV) the number of Federal criminal charges with a nexus to
domestic terrorism, including the number of indictments and
complaints associated with each domestic terrorism
investigative classification (including subcategories), a
summary of the allegations contained in each such indictment,
the disposition of the prosecution, and, if applicable, the
sentence imposed as a result of a conviction on such charges;
(V) referrals of incidents of domestic terrorism by or to
State, local, Tribal, territorial, or foreign governments, to
or by departments or agencies of the Federal Government, for
investigation or prosecution, including the number of such
referrals associated with each domestic terrorism
investigation classification (including any subcategories),
and a summary of each such referral that includes the
rationale for such referral and the disposition of the
applicable Federal investigation or prosecution;
(VI) intelligence products produced by the intelligence
community relating to domestic terrorism, including, with
respect to the Federal Bureau of Investigation, the number of
such products associated with each domestic terrorism
investigative classification (including any subcategories);
(VII) with respect to the Federal Bureau of Investigation--
(aa) the number of staff (expressed in terms of full-time
equivalents and positions) working on matters relating to
domestic terrorism described in subclauses (I) through (VI);
and
(bb) a summary of time utilization and recordkeeping data
for personnel working on such matters, including the number
or percentage of such personnel associated with each domestic
terrorism investigative classification (including any
subcategories) in the FBI Headquarters Operational Divisions
and Field Divisions;
(VIII) with respect to the Office of Intelligence and
Analysis of the Department of Homeland Security, the number
of staff (expressed in terms of full-time equivalents and
positions) working on matters relating to domestic terrorism
described in subclauses (I) through (VI); and
(IX) with respect to the National Counterterrorism Center,
the number of staff (expressed in terms of full-time
equivalents and positions) working on matters relating to
domestic terrorism described in subclauses (I) through (VI),
and the applicable legal authorities relating to the
activities of such staff.
(B) Collection and compilation.--The requirement to submit
data under paragraph (1)--
(i) may not be construed to require the creation or
maintenance of any record that the Federal Bureau of
Investigation, the Department of Homeland Security, or the
National Counterterrorism Center, as the case may be, does
not maintain in the ordinary course of business or pursuant
to another provision of law; and
(ii) shall be carried out by collecting, compiling, or
otherwise using data and records that such entities otherwise
maintain or create.
(C) Format.--The information required under subparagraph
(A) may be provided in a format that uses the marking
associated with the Central Records System (or any successor
system) of the Federal Bureau of Investigation.
(5) Recommendations.--
(A) In general.--The report under paragraph (1) shall
include recommendations, including any constitutional
analysis conducted relating to such recommendations, with
respect to the following:
(i) The necessity of changing authorities, roles,
resources, or responsibilities within the Federal Government
to more effectively prevent and counter domestic terrorism
activities.
(ii) Measures necessary to ensure the protection of privacy
and civil liberties in the carrying out of activities
relating to countering domestic terrorism.
(B) Consultation.--In developing recommendations pursuant
to subparagraph (A)(ii), the Director of the Federal Bureau
of Investigation and the Secretary of Homeland Security, in
consultation with the Director of National Intelligence, may
seek the advice of the Privacy and Civil Liberties Oversight
Board.
(c) Provision of Other Documents and Materials.--
(1) In general.--Together with the report under subsection
(b)(1), the Director of the Federal Bureau of Investigation
and the Secretary of Homeland Security, in consultation with
the Director of National Intelligence in a manner consistent
with the authorities and responsibilities of such Director,
shall also submit to the appropriate congressional committees
the following documents and materials in complete and
unredacted form:
(A) With respect to the Federal Bureau of Investigation, at
a minimum, the most recent, approved versions of--
(i) the Attorney General's Guidelines for Domestic FBI
Operations (or any successor);
(ii) the FBI Domestic Investigations and Operations Guide
(or any successor);
(iii) the FBI Counterterrorism Policy Guide (or any
successor); and
(iv) materials sufficient to show the rankings of domestic
terrorism in relation to other threats within the Threat
Review and Prioritization process, with respect to the
headquarters and each field office of the Federal Bureau of
Investigation.
(B) With respect to the intelligence community--
(i) a list of all intelligence products described in
subsection (b)(4)(A)(ii)(VI); and
(ii) a means of accessing each such product.
(2) Nonduplication.--If any documents or materials required
under paragraph (1) have been previously submitted to the
appropriate congressional committees under such paragraph and
have not been modified since such submission, the Director of
the Federal Bureau of Investigation, the Secretary of
Homeland Security, and the Director of National Intelligence
may provide a list of such documents or materials in lieu of
making the submission under paragraph (1) for those documents
or materials.
(d) Annual Updates.--During the 5-year period following the
date of the submission of the reports under subsections (b)
and (c), the Director of the Federal Bureau of Investigation
and the Secretary of Homeland Security, in consultation with
the Director of National Intelligence in a manner consistent
with the authorities and responsibilities of such Director,
shall jointly submit to the appropriate congressional
committees annual updates to the reports submitted under
subsections (a), (b), and (c).
(e) Classification and Public Release.--The reports under
subsections (a), (b), and (d) shall be--
(1) unclassified, but may contain a classified annex;
(2) with respect to the unclassified portion of the report,
made available on the public internet websites of the Federal
Bureau of Investigation, the Department of Homeland Security,
and the National Counterterrorism Center--
(A) not later than 30 days after submission to the
appropriate congressional committees; and
(B) in an electronic format that is fully indexed and
searchable; and
(3) with respect to a classified annex, submitted to the
appropriate congressional committees in an electronic format
that is fully indexed and searchable.
(f) Information Quality.--The reports under subsections
(a), (b), and (d), to the extent applicable, shall comply
with the guidelines issued by the Director of the Office of
Management and Budget pursuant to section 515 of title V of
the Consolidated Appropriations Act, 2001 (Public Law 106-
554; 114 Stat. 2763A-154).
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
SEC. 5701. MODIFICATION OF REQUIREMENTS FOR SUBMISSION TO
CONGRESS OF CERTAIN REPORTS.
(a) Modification of Reports Relating to Guantanamo Bay.--
(1) Modification.--Section 506I(b) of the National Security
Act of 1947 (50 U.S.C. 3105(b)) is amended by striking ``once
every 6 months'' and inserting ``annually''.
(2) Modification.--Section 319(a) of the Supplemental
Appropriations Act, 2009 (10 U.S.C. 801 note) is amended by
striking ``every 90 days'' and inserting ``annually''.
(b) Modification to Reports on Analytic Integrity.--
Subsection (c) of section 1019 of the
[[Page H9695]]
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3364) is amended--
(1) in the heading, by striking ``Reports'' and inserting
``Briefings''; and
(2) by striking ``submit to the congressional intelligence
committees, the heads of the relevant elements of the
intelligence community, and the heads of analytic training
departments a report containing'' and inserting ``provide to
the congressional intelligence committees, the heads of the
relevant elements of the intelligence community, and the
heads of analytic training departments a briefing with''.
(c) Repeal of Reports Relating to Intelligence Functions.--
Section 506J of the National Security Act of 1947 (50 U.S.C.
3105a) is repealed and the table of contents in the first
section of such Act is amended by striking the item relating
to section 506J.
(d) Modification of Required Reports Relating to
Entertainment Industry.--Section 308 of the Intelligence
Authorization Act for Fiscal Year 2017 (50 U.S.C. 3332) is
amended--
(1) in subsection (b)(2)--
(A) by striking ``paragraph (1) shall--'' and all that
follows through ``permit an element'' and insert ``paragraph
(1) shall permit an element'';
(B) by striking ``approval; and'' and inserting
``approval.''; and
(C) by striking subparagraph (B); and
(2) by striking subsection (c) and inserting the following
new subsection:
``(c) Information on Prior Year Engagements.--At the
written request of either of the congressional intelligence
committees, the Director of National Intelligence shall
submit to such committees information with respect to
engagements occurring during the calendar year prior to the
year during which such request is made. Such information may
include--
``(1) a description of the nature and duration of each such
engagement;
``(2) the cost incurred by the United States Government for
each such engagement;
``(3) a description of the benefits to the United States
Government for each such engagement;
``(4) a determination of whether any information was
declassified, and whether any classified information was
improperly disclosed, for each such engagement; and
``(5) a description of the work produced through each such
engagement.''.
SEC. 5702. INCREASED TRANSPARENCY REGARDING COUNTERTERRORISM
BUDGET OF THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Consistent with section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a)), the recent practice of the intelligence community
has been to release to the public--
(A) around the date on which the President submits to
Congress a budget for a fiscal year pursuant to section 1105
of title 31, United States Code, the ``top-line'' amount of
total funding requested for the National Intelligence Program
for such fiscal year; and
(B) the amount of requested and appropriated funds for the
National Intelligence Program and Military Intelligence
Program for certain prior fiscal years, consistent with the
protection of intelligence sources and methods.
(2) The Directorate of Strategic Operational Planning of
the National Counterterrorism Center is responsible for
producing an annual National Counterterrorism Budget report,
which examines the alignment of intelligence and other
resources in the applicable fiscal year budget with the
counterterrorism goals and areas of focus in the National
Strategy for Counterterrorism.
(b) Sense of Congress.--It is the sense of Congress that--
(1) despite the difficulty of compiling and releasing to
the public comprehensive information on the resource
commitments of the United States to counterterrorism
activities and programs, including with respect to such
activities and programs of the intelligence community, the
United States Government could take additional steps to
enhance the understanding of the public with respect to such
resource commitments, in a manner consistent with the
protection of intelligence sources and methods and other
national security interests; and
(2) the United States Government should release to the
public as much information as possible regarding the funding
of counterterrorism activities and programs, including
activities and programs of the intelligence community, in a
manner consistent with the protection of intelligence sources
and methods and other national security interests.
(c) Briefing on Public Release of Information.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and not later than 90 days after
the beginning of each fiscal year thereafter, the President
shall ensure that the congressional intelligence committees
receive a briefing from appropriate personnel of the United
States Government on the feasibility of releasing to the
public additional information relating to counterterrorism
efforts of the intelligence community.
(2) Elements.--Each briefing required by paragraph (1)
shall include a discussion of the feasibility of--
(A) subject to paragraph (3), releasing to the public the
National Counterterrorism Budget report described in
subsection (a)(2) for the prior fiscal year; and
(B) declassifying other reports, documents, or activities
of the intelligence community relating to counterterrorism
and releasing such information to the public in a manner
consistent with the protection of intelligence sources and
methods and other national security interests.
(3) Release of national counterterrorism budget report.--
The President may satisfy the requirement under paragraph
(2)(A) during a fiscal year by, not later than 90 days after
the beginning of the fiscal year, releasing to the public the
National Counterterrorism Budget report (with any redactions
the Director determines necessary to protect intelligence
sources and methods and other national security interests)
for the prior fiscal year.
SEC. 5703. STUDY ON ROLE OF RETIRED AND FORMER PERSONNEL OF
INTELLIGENCE COMMUNITY WITH RESPECT TO CERTAIN
FOREIGN INTELLIGENCE OPERATIONS.
(a) Study.--The Director of National Intelligence shall
conduct a study on former intelligence personnel providing
covered intelligence assistance.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) An identification of, and discussion of the
effectiveness of, existing laws, policies, procedures, and
other measures relevant to the ability of elements of the
intelligence community to prevent former intelligence
personnel from providing covered intelligence assistance--
(A) without proper authorization; or
(B) in a manner that would violate legal or policy controls
if the personnel performed such assistance while working for
the United States Government; and
(2) Make recommendations for such legislative, regulatory,
policy, or other changes as may be necessary to ensure that
the United States consistently meets the objectives described
in paragraph (1).
(c) Report and Plan.--Not later than 90 days after the date
of the enactment of this Act, the Director shall submit to
the congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives--
(1) a report on the findings of the Director with respect
to each element of the study under subsection (a); and
(2) a plan to implement any recommendations made by the
Director that the Director may implement without changes to
Federal law.
(d) Form.--The report and plan under subsection (c) may be
submitted in classified form.
(e) Definitions.--In this section:
(1) Covered intelligence assistance.--The term ``covered
intelligence assistance'' means assistance--
(A) provided by former intelligence personnel directly to,
or for the benefit of, the government of a foreign country or
indirectly to, or for the benefit of, such a government
through a company or other entity; and
(B) that relates to intelligence, military, or law
enforcement activities of a foreign country, including with
respect to operations that involve abuses of human rights,
violations of the laws of the United States, or infringements
on the privacy rights of United States persons.
(2) Former intelligence personnel.--The term ``former
intelligence personnel'' means retired or former personnel of
the intelligence community, including civilian employees of
elements of the intelligence community, members of the Armed
Forces, and contractors of elements of the intelligence
community.
SEC. 5704. COLLECTION, ANALYSIS, AND DISSEMINATION OF
WORKFORCE DATA.
(a) Modification of Requirement for Annual Report on Hiring
and Retention of Minority Employees.--
(1) Expansion of period of report.--Subsection (a) of
section 114 of the National Security Act of 1947 (50 U.S.C.
3050) is amended by inserting ``and the preceding 5 fiscal
years'' after ``fiscal year''.
(2) Clarification on disaggregation of data.--Subsection
(b) of such section is amended, in the matter before
paragraph (1), by striking ``disaggregated data by category
of covered person from each element of the intelligence
community'' and inserting ``data, disaggregated by category
of covered person and by element of the intelligence
community,''.
(b) Initial Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and subject to paragraph (3), the
Director of National Intelligence shall make available to the
public, the appropriate congressional committees, and the
workforce of the intelligence community a report which
includes aggregate demographic data and other information
regarding the diversity and inclusion efforts of the
workforce of the intelligence community.
(2) Contents.--A report made available under paragraph
(1)--
(A) shall include unclassified reports and barrier analyses
relating to diversity and inclusion efforts;
(B) shall include aggregate demographic data--
(i) by segment of the workforce of the intelligence
community and grade or rank;
(ii) relating to attrition and promotion rates;
(iii) that addresses the compliance of the intelligence
community with validated inclusion metrics, such as the New
Inclusion Quotient index score; and
(iv) that provides demographic comparisons to the relevant
nongovernmental labor force and the relevant civilian labor
force;
(C) shall include an analysis of applicant flow data,
including the percentage and level of positions for which
data are collected, and a discussion of any resulting policy
changes or recommendations;
(D) shall include demographic data relating to participants
in professional development programs of the intelligence
community and the rate of placement into senior positions for
participants in such programs;
(E) shall include any voluntarily collected demographic
data relating to the membership of any external advisory
committee or board to which individuals in senior positions
in the intelligence community appoint members; and
[[Page H9696]]
(F) may include data in proportions or percentages to
account for concerns relating to the protection of classified
information.
(c) Updates.--After making available a report under
subsection (b), the Director of National Intelligence shall
annually provide a report (which may be provided as part of
an annual report required under another provision of law) to
the workforce of the intelligence community (including senior
leadership), the public, and the appropriate congressional
committees that includes--
(1) demographic data and information on the status of
diversity and inclusion efforts of the intelligence
community;
(2) an analysis of applicant flow data, including the
percentage and level of positions for which data are
collected, and a discussion of any resulting policy changes
or recommendations; and
(3) demographic data relating to participants in
professional development programs of the intelligence
community and the rate of placement into senior positions for
participants in such programs.
(d) Expand the Collection and Analysis of Voluntary
Applicant Flow Data.--
(1) In general.--The Director of National Intelligence
shall develop a system to collect and analyze applicant flow
data for as many positions within the intelligence community
as practicable, in order to identify areas for improvement in
attracting diverse talent, with particular attention to
senior and management positions.
(2) Phased implementation.--The collection of applicant
flow data may be implemented by the Director of National
Intelligence in a phased approach commensurate with the
resources available to the intelligence community.
(e) Identify Additional Categories for Voluntary Data
Collection of Current Employees.--
(1) In general.--The Director of National Intelligence may
submit to the Office of Management and Budget and to the
appropriate congressional committees a recommendation
regarding whether the intelligence community should
voluntarily collect more detailed data on demographic
categories in addition to the race and ethnicity categories
specified in the statistical policy directive issued by the
Office of Management and Budget entitled ``Standards for
Maintaining, Collecting, and Presenting Federal Data on Race
and Ethnicity''.
(2) Process.--In making a recommendation under paragraph
(1), the Director of National Intelligence shall--
(A) engage in close consultation with internal
stakeholders, such as employee resource or affinity groups;
(B) ensure that there is clear communication with the
workforce of the intelligence community--
(i) to explain the purpose of the potential collection of
such data; and
(ii) regarding legal protections relating to any
anticipated use of such data; and
(C) ensure adherence to relevant standards and guidance
issued by the Federal Government.
(f) Definitions.--In this section:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, the Select Committee on Intelligence,
and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Homeland Security, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
(3) Diversity.--The term ``diversity'' means diversity of
persons based on gender, race, ethnicity, disability status,
veteran status, sexual orientation, gender identity, national
origin, and other demographic categories.
SEC. 5705. PLAN FOR STRENGTHENING THE SUPPLY CHAIN
INTELLIGENCE FUNCTION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Counterintelligence and Security Center, in coordination with
the Director of the Defense Counterintelligence and Security
Agency and other interagency partners, shall submit to the
appropriate congressional committees a plan for strengthening
the supply chain intelligence function.
(b) Elements.--The plan submitted under subsection (a)
shall address the following:
(1) The appropriate workforce model, including size, mix,
and seniority, from the elements of the intelligence
community and other interagency partners.
(2) The budgetary resources necessary to implement the
plan.
(3) The appropriate governance structure within the
intelligence community and with interagency partners.
(4) The authorities necessary to implement the plan.
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
SEC. 5706. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN
KEY UNITED STATES TECHNOLOGIES BY COMPANIES OR
ORGANIZATIONS LINKED TO CHINA.
(a) Assessment Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
National Counterintelligence and Security Center, the
Director of the Federal Bureau of Investigation, the Director
of the Central Intelligence Agency, the Secretary of the
Treasury, and the heads of such other Federal agencies as the
Director of National Intelligence considers appropriate,
shall submit to the congressional intelligence committees a
comprehensive economic assessment of investment in key United
States technologies, including emerging technologies, by
companies or organizations linked to China, including the
implications of these investments for the national security
of the United States.
(b) Form of Assessment.--The assessment submitted under
subsection (a) shall be submitted in unclassified form, but
may include a classified annex.
SEC. 5707. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON
FIFTH-GENERATION WIRELESS NETWORK TECHNOLOGY.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) Committee on Foreign Affairs of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress a
report on--
(1) the threat to the national security of the United
States posed by the global and regional adoption of fifth-
generation wireless network (known as ``5G'') technology
built by foreign companies;
(2) the threat to the national security of the United
States posed by telecommunications companies that are subject
to the jurisdiction of a foreign adversary; and
(3) possible efforts to mitigate the threat.
(c) Contents.--The report under subsection (b) shall
include--
(1) the timeline and scale of global and regional adoption
of foreign fifth-generation wireless network technology;
(2) the implications of such global and regional adoption
on the cyber and espionage threat to the United States, the
interests of the United States, and the cyber and collection
capabilities of the United States;
(3) the threat to the national security of the United
States from acquisition, importation, transfer, installation,
or use of any communications technology by any person subject
to the jurisdiction of the United States that involves
communications technology designed, developed, manufactured
or supplied by, controlled by, or subject to, the
jurisdiction of a foreign adversary; and
(4) the effect of possible mitigation efforts, including
with respect to--
(A) a policy of the United States Government promoting the
use of strong, end-to-end encryption for data transmitted
over fifth-generation wireless networks;
(B) a policy of the United States Government promoting or
funding free, open-source implementation of fifth-generation
wireless network technology;
(C) subsidies or incentives provided by the United States
Government that could be used to promote the adoption of
secure fifth-generation wireless network technology developed
by companies of the United States or companies of allies of
the United States; and
(D) a strategy by the United States Government to reduce
foreign influence and political pressure in international
standard-setting bodies.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 5708. REPORT ON USE BY INTELLIGENCE COMMUNITY OF FACIAL
RECOGNITION TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of facial recognition technology for the
purpose of suppressing or burdening criticism or dissent, or
for disadvantaging persons based on their ethnicity, race,
gender, sexual orientation, or religion, is contrary to the
values of the United States;
(2) the United States Government should not engage in the
sale or transfer of facial recognition technology to any
country that is using such technology for the suppression of
human rights; and
(3) it is incumbent upon the intelligence community to
develop clear policies and procedures that prevent the abuse
of facial recognition technology.
(b) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the use of facial recognition
technology by the intelligence community. Such report shall
include each of the following:
(1) An analysis of the current use of facial recognition
technology by the intelligence community.
(2) An analysis of the accuracy of facial recognition
technology, including a discussion of the appropriate
threshold for use, and data disaggregated by race, gender,
ethnicity, and age.
(3) Whether the Government has adequate procedures in place
to audit or test technology they purchase to assess its
accuracy, including on the basis of race, gender, ethnicity,
and age.
(4) The extent to which the intelligence community has
codified policies governing the use of facial recognition
technology that adequately prevent adverse impacts on
privacy, civil rights, and civil liberties.
(5) An analysis of the ability of the intelligence
community to use facial recognition
[[Page H9697]]
technology to identify individuals in a way that respects
constitutional rights, civil rights, civil liberties, and
privacy of such individuals.
(6) Identification of risks and safeguards to uphold the
constitutional rights, civil rights, civil liberties, and
privacy of individuals, including for communities of color
and religious minorities.
(7) Whether such technology is deployed in public areas or
on photos of public areas in a manner that could raise First
Amendment concerns.
(8) An identification of existing policies, procedures, or
practices that permit the sharing of facial recognition data
and technology with foreign governments or other non-United
States Government entities.
(9) An identification of measures in place to protect data
security.
(10) An identification of any redress procedures to address
complaints in cases where the use of facial recognition
resulted in harm to an individual.
(11) An analysis of existing transparency, oversight, and
audits of the use of facial recognition to measure the
efficacy of the technology on an ongoing basis, as measured
against the cost and impact on individual rights.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Facial Recognition Data Defined.--In this section, the
term ``facial recognition data'' means any unique attribute
or feature of the face of an end user that is used by facial
recognition technology to assign a unique, persistent
identifier, or for the unique personal identification of a
specific individual.
SEC. 5709. REPORT ON DEEPFAKE TECHNOLOGY, FOREIGN
WEAPONIZATION OF DEEPFAKES, AND RELATED
NOTIFICATIONS.
(a) Report on Foreign Weaponization of Deepfakes and
Deepfake Technology.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with the heads of the elements
of the intelligence community determined appropriate by the
Director, shall submit to the congressional intelligence
committees a report on--
(A) the potential national security impacts of machine-
manipulated media (commonly known as ``deepfakes''); and
(B) the actual or potential use of machine-manipulated
media by foreign governments to spread disinformation or
engage in other malign activities.
(2) Matters to be included.--The report under subsection
(a) shall include the following:
(A) An assessment of the technical capabilities of foreign
governments, including foreign intelligence services, foreign
government-affiliated entities, and foreign individuals, with
respect to machine-manipulated media, machine-generated text,
generative adversarial networks, and related machine-learning
technologies, including--
(i) an assessment of the technical capabilities of the
People's Republic of China and the Russian Federation with
respect to the production and detection of machine-
manipulated media; and
(ii) an annex describing those governmental elements within
China and Russia known to have supported or facilitated
machine-manipulated media research, development, or
dissemination, as well as any civil-military fusion, private-
sector, academic, or nongovernmental entities which have
meaningfully participated in such activities.
(B) An updated assessment of how foreign governments,
including foreign intelligence services, foreign government-
affiliated entities, and foreign individuals, could use or
are using machine-manipulated media and machine-generated
text to harm the national security interests of the United
States, including an assessment of the historic, current, or
potential future efforts of China and Russia to use machine-
manipulated media, including with respect to--
(i) the overseas or domestic dissemination of
misinformation;
(ii) the attempted discrediting of political opponents or
disfavored populations; and
(iii) intelligence or influence operations directed against
the United States, allies or partners of the United States,
or other jurisdictions believed to be subject to Chinese or
Russian interference.
(C) An updated identification of the countertechnologies
that have been or could be developed and deployed by the
United States Government, or by the private sector with
Government support, to deter, detect, and attribute the use
of machine-manipulated media and machine-generated text by
foreign governments, foreign-government affiliates, or
foreign individuals, along with an analysis of the benefits,
limitations and drawbacks of such identified counter-
technologies, including any emerging concerns related to
privacy.
(D) An identification of the offices within the elements of
the intelligence community that have, or should have, lead
responsibility for monitoring the development of, use of, and
response to machine-manipulated media and machine-generated
text, including--
(i) a description of the coordination of such efforts
across the intelligence community;
(ii) a detailed description of the existing capabilities,
tools, and relevant expertise of such elements to determine
whether a piece of media has been machine manipulated or
machine generated, including the speed at which such
determination can be made, the confidence level of the
element in the ability to make such a determination
accurately, and how increasing volume and improved quality of
machine-manipulated media or machine-generated text may
negatively impact such capabilities; and
(iii) a detailed description of planned or ongoing research
and development efforts intended to improve the ability of
the intelligence community to detect machine-manipulated
media and machine-generated text.
(E) A description of any research and development
activities carried out or under consideration to be carried
out by the intelligence community, including the Intelligence
Advanced Research Projects Activity, relevant to machine-
manipulated media and machine-generated text detection
technologies.
(F) Updated recommendations regarding whether the
intelligence community requires additional legal authorities,
financial resources, or specialized personnel to address the
national security threat posed by machine-manipulated media
and machine-generated text.
(G) Other additional information the Director determines
appropriate.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the heads of any other
relevant departments or agencies of the Federal Government,
shall notify the congressional intelligence committees each
time the Director of National Intelligence determines--
(1) there is credible information or intelligence that a
foreign entity has attempted, is attempting, or will attempt
to deploy machine-manipulated media or machine-generated text
aimed at the elections or domestic political processes of the
United States; and
(2) that such intrusion or campaign can be attributed to a
foreign government, a foreign government-affiliated entity,
or a foreign individual.
(d) Annual Update.--Upon submission of the report in
subsection (a), on an annual basis, the Director of National
Intelligence, in consultation with the heads of the elements
of the intelligence community determined appropriate by the
Director, shall submit to the congressional intelligence
committees any significant updates with respect to the
matters described in subsection (a).
(e) Definitions.--
(1) Machine-generated text.--The term ``machine-generated
text'' means text generated using machine-learning techniques
in order to resemble writing in natural language.
(2) Machine-manipulated media.--The term ``machine-
manipulated media'' has the meaning given that term in
section 5724.
SEC. 5710. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED
STATES ON CYBERSECURITY AND SURVEILLANCE
THREATS TO CONGRESS.
(a) Annual Report Required.--Not later than 180 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Comptroller General of
the United States shall submit to the congressional
intelligence committees a report on cybersecurity and
surveillance threats to Congress.
(b) Statistics.--Each report submitted under subsection (a)
shall include statistics on cyber attacks and other incidents
of espionage or surveillance targeted against Senators or the
immediate families or staff of the Senators, and
Representatives, Delegates, and the Resident Commissioner, or
the immediate families or staff of the Representatives,
Delegates, and the Resident Commissioner, in which the
nonpublic communications and other private information of
such targeted individuals were lost, stolen, or otherwise
subject to unauthorized access.
(c) Consultation.--In preparing a report to be submitted
under subsection (a), the Comptroller General shall consult
with the Director of National Intelligence, the Secretary of
Homeland Security, the Sergeant at Arms of the House of
Representatives, and the Sergeant at Arms and Doorkeeper of
the Senate.
(d) Form.--The report under subsection (a), including the
contents of the report in subsection (b), shall be submitted
in unclassified form, but may include a classified annex to
protect sources and methods and any appropriate redactions of
personally identifiable information.
SEC. 5711. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR
INITIATIVES OF INTELLIGENCE COMMUNITY IN
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.
(a) Analysis.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the heads of such
elements of the intelligence community as the Director
considers appropriate--
(A) complete a comprehensive analysis of the major
initiatives of the intelligence community in artificial
intelligence and machine learning; and
(B) provide to the congressional intelligence committees a
briefing on the findings of the Director with respect to the
analysis conducted pursuant to subparagraph (A).
(2) Elements.--The analysis conducted under paragraph
(1)(A) shall include analyses of how the initiatives
described in such paragraph--
(A) correspond with the strategy of the intelligence
community entitled ``Augmenting Intelligence Using
Machines'';
(B) complement each other and avoid unnecessary
duplication;
(C) are coordinated with the efforts of the Defense
Department on artificial intelligence, including efforts at
the Joint Artificial Intelligence Center and Project Maven;
and
(D) leverage advances in artificial intelligence and
machine learning in the private sector.
(b) Periodic Briefings.--Not later than 30 days after the
date of the enactment of this Act, not less frequently than
twice each year thereafter until the date that is 2 years
after the date
[[Page H9698]]
of the enactment of this Act, and not less frequently than
once each year thereafter until the date that is 7 years
after the date of the enactment of this Act, the Director and
the Chief Information Officer of the Department of Defense
shall jointly provide to the congressional intelligence
committees and congressional defense committees (as defined
in section 101 of title 10, United States Code) briefings
with updates on activities relating to, and the progress of,
their respective artificial intelligence and machine learning
initiatives, particularly the Augmenting Intelligence Using
Machines initiative and the Joint Artificial Intelligence
Center.
SEC. 5712. REPORT ON BEST PRACTICES TO PROTECT PRIVACY AND
CIVIL LIBERTIES OF CHINESE AMERICANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China appears to be
specifically targeting the Chinese-American community for
intelligence purposes;
(2) such targeting carries a substantial risk that the
loyalty of such Americans may be generally questioned and
lead to unacceptable stereotyping, targeting, and racial
profiling;
(3) the United States Government has a duty to warn and
protect all Americans including those of Chinese descent from
these intelligence efforts by the People's Republic of China;
(4) the broad stereotyping, targeting, and racial profiling
of Americans of Chinese descent is contrary to the values of
the United States and reinforces the flawed narrative
perpetuated by the People's Republic of China that ethnically
Chinese individuals worldwide have a duty to support the
People's Republic of China; and
(5) the United States efforts to combat the People's
Republic of China's intelligence activities should actively
safeguard and promote the constitutional rights of all
Chinese Americans.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
acting through the Office of Civil Liberties, Privacy, and
Transparency, in coordination with the civil liberties and
privacy officers of the elements of the intelligence
community, shall submit a report to the congressional
intelligence committees containing--
(1) a review of how the policies, procedures, and practices
of the intelligence community that govern the intelligence
activities and operations targeting the People's Republic of
China affect policies, procedures, and practices relating to
the privacy and civil liberties of Americans of Chinese
descent who may be targets of espionage and influence
operations by China; and
(2) recommendations to ensure that the privacy and civil
liberties of Americans of Chinese descent are sufficiently
protected.
(c) Form.--The report under subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5713. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.
(a) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an
institution described in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002) that receives Federal funds in
any amount and for any purpose.
(2) Sensitive research subject.--The term ``sensitive
research subject'' means a subject of research that is
carried out at a covered institution of higher education that
receives funds that were appropriated for--
(A) the National Intelligence Program; or
(B) any Federal agency the Director of National
Intelligence deems appropriate.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence, in consultation with such elements of the
intelligence community as the Director considers appropriate
and consistent with the privacy protections afforded to
United States persons, shall submit to congressional
intelligence committees a report on risks to sensitive
research subjects posed by foreign entities in order to
provide Congress and covered institutions of higher education
with more complete information on these risks and to help
ensure academic freedom.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A list of sensitive research subjects that could affect
national security.
(2) A list of foreign entities, including governments,
corporations, nonprofit organizations and for-profit
organizations, and any subsidiary or affiliate of such an
entity, that the Director determines pose a
counterintelligence, espionage (including economic
espionage), or other national security threat with respect to
sensitive research subjects.
(3) A list of any known or suspected attempts by foreign
entities to exert pressure on covered institutions of higher
education, including attempts to limit freedom of speech,
propagate misinformation or disinformation, or to influence
professors, researchers, or students.
(4) Recommendations for collaboration between covered
institutions of higher education and the intelligence
community to mitigate threats to sensitive research subjects
associated with foreign influence in academia, including any
necessary legislative or administrative action.
(d) Congressional Notifications Required.--Not later than
30 days after the date on which the Director identifies a
change to either list described in paragraph (1) or (2) of
subsection (c), the Director shall notify the congressional
intelligence committees of the change.
SEC. 5714. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the death
of Jamal Khashoggi, consistent with protecting sources and
methods. Such report shall include identification of those
who carried out, participated in, ordered, or were otherwise
complicit in or responsible for the death of Jamal Khashoggi.
(b) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form.
SEC. 5715. REPORT ON TERRORIST SCREENING DATABASE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
and the Secretary of State shall jointly submit to the
congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report on the
terrorist screening database of the Federal Bureau of
Investigation.
(b) Matters Included.--The report under subsection (a)
shall identify the following:
(1) Which foreign countries receive access to the terrorist
screening database.
(2) Which foreign countries have successfully petitioned to
add individuals to the terrorist screening database.
(3) What standards exist for determining which countries
get access to the terrorist screening database.
(4) The extent to which the human rights record of the
government of a foreign country is considered in the
determination to give the country access to the terrorist
screening database.
(5) What procedures, if any, exist to remove access to the
terrorist screening database from a foreign country.
(6) What procedures, if any, exist to inform an individual,
or the legal counsel of an individual, of the placement of
the individual on the terrorist screening database.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5716. REPORT CONTAINING THREAT ASSESSMENT ON TERRORIST
USE OF CONVENTIONAL AND ADVANCED CONVENTIONAL
WEAPONS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
for a period of 4 years, the Under Secretary of Homeland
Security for Intelligence and Analysis, in coordination with
the Director of the Federal Bureau of Investigation, shall
develop and submit to the entities in accordance with
subsection (b) a report containing a threat assessment
regarding the availability of conventional weapons, including
conventional weapons lacking serial numbers, and advanced
conventional weapons, for use in furthering acts of
terrorism, including the provision of material support or
resources to a foreign terrorist organization and to
individuals or groups supporting or engaging in domestic
terrorism.
(b) Dissemination of Report.--Consistent with the
protection of classified and confidential unclassified
information, the Under Secretary shall--
(1) submit the initial report required under subsection (a)
to Federal, State, local, and Tribal law enforcement
officials, including officials who operate within State,
local, and regional fusion centers under the Department of
Homeland Security State, Local, and Regional Fusion Center
Initiative established by section 210A of the Homeland
Security Act of 2002 (6 U.S.C. 124h); and
(2) submit each report required under subsection (a) to the
appropriate congressional committees.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence, the
Committee on Homeland Security, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given that term in section 2331 of title 18,
United States Code.
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 5717. ASSESSMENT OF HOMELAND SECURITY VULNERABILITIES
ASSOCIATED WITH CERTAIN RETIRED AND FORMER
PERSONNEL OF THE INTELLIGENCE COMMUNITY.
(a) Assessment Required.--Not later than the date that is
120 days after submission of the report required under
section 5703, and annually thereafter, the Director of
National Intelligence, in coordination with the Under
Secretary of Homeland Security for Intelligence and Analysis,
the Director of the Federal Bureau of Investigation, the
Director of the Central Intelligence Agency, and the Director
of the Defense Counterintelligence and Security Agency, shall
submit to the appropriate congressional committees an
assessment of the homeland security vulnerabilities
associated with retired and former personnel of the
intelligence community providing covered intelligence
assistance.
(b) Form.--The assessment under subsection (a) may be
submitted in classified form.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Covered intelligence assistance.--The term ``covered
intelligence assistance'' has the meaning given that term in
section 5703.
[[Page H9699]]
SEC. 5718. STUDY ON FEASIBILITY AND ADVISABILITY OF
ESTABLISHING GEOSPATIAL-INTELLIGENCE MUSEUM AND
LEARNING CENTER.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall complete a study on the
feasibility and advisability of establishing a Geospatial-
Intelligence Museum and learning center.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) Identifying the costs, opportunities, and challenges of
establishing the museum and learning center as described in
such subsection.
(2) Developing recommendations concerning such
establishment.
(3) Identifying and reviewing lessons learned from the
establishment of the Cyber Center for Education and
Innovation-Home of the National Cryptologic Museum under
section 7781(a) of title 10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees and the congressional
defense committees (as defined in section 101 of title 10,
United States Code) a report on the findings of the Director
with respect to the study completed under subsection (a).
Subtitle B--Other Matters
SEC. 5721. WHISTLEBLOWER DISCLOSURES TO CONGRESS AND
COMMITTEES OF CONGRESS.
Section 2302 of title 5, United States Code, is amended--
(1) in subsection (b)(8)--
(A) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (B)(ii), by striking the semicolon at
the end and inserting ``; or''; and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) any disclosure to Congress (including any committee
of Congress) by any employee of an agency or applicant for
employment at an agency of information described in
subparagraph (B) that is--
``(i) not classified; or
``(ii) if classified--
``(I) has been classified by the head of an agency that is
not an element of the intelligence community (as defined by
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)); and
``(II) does not reveal intelligence sources and methods.'';
and
(2) in subsection (c)(2)(C)(iii)(III), by inserting after
``Congress'' the following: ``(including any committee of
Congress with respect to information that is not classified
or, if classified, has been classified by the head of an
agency that is not an element of the intelligence community
and does not reveal intelligence sources and methods)''.
SEC. 5722. TASK FORCE ON ILLICIT FINANCING OF ESPIONAGE AND
FOREIGN INFLUENCE OPERATIONS.
(a) Establishment.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a task force to study and assess
the illicit financing of espionage and foreign influence
operations directed at the United States.
(b) Membership.--The task force shall be composed of the
following individuals (or designees of the individual):
(1) The Director of the Central Intelligence Agency.
(2) The Director of the Federal Bureau of Investigation.
(3) The Assistant Secretary of the Treasury for
Intelligence and Analysis.
(4) The Assistant Secretary of State for Intelligence and
Research.
(5) Such other heads of the elements of the intelligence
community that the Director of National Intelligence
determines appropriate.
(c) Chairperson; Meetings.--
(1) Chairperson.--The Director of National Intelligence
shall appoint a senior official within the Office of the
Director of National Intelligence to serve as the chairperson
of the task force.
(2) Meetings.--The task force shall meet regularly but not
less frequently than on a quarterly basis.
(d) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the task force shall submit to
the appropriate congressional committees a report on the
illicit financing of espionage and foreign influence
operations directed at the United States. The report shall
address the following:
(A) The extent of the collection by the intelligence
community, from all sources (including the governments of
foreign countries), of intelligence and information relating
to illicit financing of espionage and foreign influence
operations directed at the United States, and any gaps in
such collection.
(B) Any specific legal, regulatory, policy, or other
prohibitions, or financial, human, technical, or other
resource limitations or constraints, that have affected the
ability of the Director of National Intelligence or other
heads of relevant elements of the intelligence community in
collecting or analyzing intelligence or information relating
to illicit financing of espionage and foreign influence
operations directed at the United States.
(C) The methods, as of the date of the report, by which
hostile governments of foreign countries or foreign
organizations, and any groups or persons acting on behalf of
or with the support of such governments or organizations,
seek to disguise or obscure relationships between such
governments, organizations, groups, or persons and United
States persons, for the purpose of conducting espionage or
foreign influence operations directed at the United States,
including by exploiting financial laws, systems, or
instruments, of the United States.
(D) The existing practices of the intelligence community
for ensuring that intelligence and information relating to
the illicit financing of espionage and foreign influence
operations is analyzed and shared with other elements of the
intelligence community, and any recommendations for improving
such analysis and sharing.
(2) Annual update.--Not later than 1 year after the date of
the enactment of this Act, and each year thereafter through
the date specified in subsection (e), the task force shall
submit to the appropriate congressional committees an update
on the report.
(3) Form.--Each report submitted under this subsection may
be submitted in classified form, but if submitted in such
form, shall include an unclassified summary.
(e) Termination.--The task force shall terminate on January
1, 2025.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 5723. ESTABLISHMENT OF FIFTH-GENERATION TECHNOLOGY PRIZE
COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), the Director of National Intelligence, acting through
the Director of the Intelligence Advanced Research Projects
Agency, shall carry out a program to award prizes
competitively to stimulate research and development relevant
to fifth-generation technology.
(b) Prize Amount.--In carrying out the program under
subsection (a), the Director may award not more than a total
of $5,000,000 to one or more winners of the prize
competition.
(c) Consultation.--In carrying out the program under
subsection (a), the Director may consult with the heads of
relevant departments and agencies of the Federal Government.
(d) Fifth-generation Technology Defined.--In this section,
the term ``fifth-generation technology'' means hardware,
software, or other technologies relating to fifth-generation
wireless networks (known as ``5G'').
SEC. 5724. ESTABLISHMENT OF DEEPFAKES PRIZE COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), the Director of National Intelligence, acting through
the Director of the Intelligence Advanced Research Projects
Agency, shall carry out a program to award prizes
competitively to stimulate the research, development, or
commercialization of technologies to automatically detect
machine-manipulated media.
(b) Prize Amount.--In carrying out the program under
subsection (a), the Director may award not more than a total
of $5,000,000 to one or more winners of the prize
competition.
(c) Consultation.--In carrying out the program under
subsection (a), the Director may consult with the heads of
relevant departments and agencies of the Federal Government.
(d) Machine-Manipulated Media Defined.--In this section,
the term ``machine-manipulated media'' means video, image, or
audio recordings generated or substantially modified using
machine-learning techniques in order to falsely depict
events, to falsely depict the speech or conduct of an
individual, or to depict individuals who do not exist.
SEC. 5725. IDENTIFICATION OF AND COUNTERMEASURES AGAINST
CERTAIN INTERNATIONAL MOBILE SUBSCRIBER
IDENTITY-CATCHERS.
(a) In General.--The Director of National Intelligence and
the Director of the Federal Bureau of Investigation, in
collaboration with the Under Secretary of Homeland Security
for Intelligence and Analysis, and the heads of such other
Federal, State, or local agencies as the Directors determine
appropriate, and in accordance with applicable law and
policy, may--
(1) undertake an effort to identify International Mobile
Subscriber Identity-catchers operated within the United
States by--
(A) hostile foreign governments; and
(B) individuals who have violated a criminal law of the
United States or of any State, or who have committed acts
that would be a criminal violation if committed within the
jurisdiction of the United States or any State; and
(2) when appropriate, develop countermeasures against such
International Mobile Subscriber Identity-catchers, with
prioritization given to such International Mobile Subscriber
Identity-catchers identified in the National Capital Region.
(b) Briefing Required.--Prior to developing countermeasures
under subsection (a)(2), the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation shall provide a briefing to the appropriate
congressional committees on--
(1) the use of International Mobile Subscriber Identity-
catchers operated within the United States by the individuals
and governments described in subsection (a)(1);
(2) potential countermeasures by the intelligence community
against such International Mobile Subscriber Identity-
catchers; and
(3) any legal or policy limitations with respect to the
development or carrying out of such countermeasures.
(c) Definitions.--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security of the House of
Representatives and the Committee
[[Page H9700]]
on Homeland Security and Governmental Affairs of the Senate;
and
(C) the Committees on the Judiciary of the House of
Representatives and the Senate.
(2) International mobile subscriber identity-catcher.--The
term ``International Mobile Subscriber Identity-catcher''
means a device used for intercepting mobile phone identifying
information and location data.
SEC. 5726. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Energy and Natural Resources of
the Senate; and
(C) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
No. 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating
to identification of critical infrastructure where a
cybersecurity incident could reasonably result in
catastrophic regional or national effects on public health or
safety, economic security, or national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--The term ``industrial
control system'' means an operational technology used to
measure, control, or manage industrial functions, and
includes supervisory control and data acquisition systems,
distributed control systems, and programmable logic or
embedded controllers.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot program
established under subsection (b).
(7) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a 2-year control systems
implementation pilot program within the National Laboratories
for the purposes of--
(1) partnering with covered entities in the energy sector
(including critical component manufacturers in the supply
chain) that voluntarily participate in the Program to
identify new classes of security vulnerabilities of the
covered entities; and
(2) evaluating technology and standards, in partnership
with covered entities, to isolate and defend industrial
control systems of covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities, including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group To Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a working
group--
(A) to evaluate the technology and standards used in the
Program under subsection (b)(2); and
(B) to develop a national cyber-informed engineering
strategy to isolate and defend covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities.
(2) Membership.--The working group established under
paragraph (1) shall be composed of not fewer than 10 members,
to be appointed by the Secretary, at least 1 member of which
shall represent each of the following:
(A) The Department of Energy.
(B) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(C)(i) The Department of Homeland Security; or
(ii) the Industrial Control Systems Cyber Emergency
Response Team.
(D) The North American Electric Reliability Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of National Intelligence;
or
(ii) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for Homeland
Security and America's Security Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after the date
on which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees an interim report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(2) Final report.--Not later than 2 years after the date on
which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees a final report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or
with the Federal Government or a State, Tribal, or local
government under this section--
(1) shall be deemed to be voluntarily shared information;
(2) shall be exempt from disclosure under section 552 of
title 5, United States Code, or any provision of any State,
Tribal, or local freedom of information law, open government
law, open meetings law, open records law, sunshine law, or
similar law requiring the disclosure of information or
records; and
(3) shall be withheld from the public, without discretion,
under section 552(b)(3) of title 5, United States Code, and
any provision of any State, Tribal, or local law requiring
the disclosure of information or records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a covered entity
for engaging in the voluntary activities authorized under
subsection (b)--
(A) shall not lie or be maintained in any court; and
(B) shall be promptly dismissed by the applicable court.
(2) Voluntary activities.--Nothing in this section subjects
any covered entity to liability for not engaging in the
voluntary activities authorized under subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--
Nothing in this section authorizes the Secretary or the head
of any other department or agency of the Federal Government
to issue new regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be appropriated
$10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized to be
appropriated $1,500,000 to carry out subsections (c) and (d).
(3) Availability.--Amounts made available under paragraphs
(1) and (2) shall remain available until expended.
SUBDIVISION 2--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND
2019
SEC. 6100. TABLE OF CONTENTS.
The table of contents for this subdivision is as follows:
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by
law.
Sec. 6303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and
addition of special pay authority for cyber positions.
Sec. 6304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 6305. Director of National Intelligence review of placement of
positions within the intelligence community on the
Executive Schedule.
Sec. 6306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 6307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing intelligence
with foreign governments and entities.
Sec. 6308. Cyber protection support for the personnel of the
intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Elimination of sunset of authority relating to management of
supply-chain risk.
Sec. 6310. Limitations on determinations regarding certain security
classifications.
Sec. 6311. Joint Intelligence Community Council.
Sec. 6312. Intelligence community information technology environment.
Sec. 6313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 6314. Policy on minimum insider threat standards.
Sec. 6315. Submission of intelligence community policies.
Sec. 6316. Expansion of intelligence community recruitment efforts.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
[[Page H9701]]
Sec. 6402. Designation of the program manager-information-sharing
environment.
Sec. 6403. Technical modification to the executive schedule.
Sec. 6404. Chief Financial Officer of the Intelligence Community.
Sec. 6405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 6411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 6412. Special rules for certain monthly workers' compensation
payments and other payments for Central Intelligence
Agency personnel.
Sec. 6413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 6414. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central
Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 6421. Consolidation of Department of Energy Offices of
Intelligence and Counterintelligence.
Sec. 6422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 6431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 6432. Notice not required for private entities.
Sec. 6433. Establishment of advisory board for National Reconnaissance
Office.
Sec. 6434. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE LXV--ELECTION MATTERS
Sec. 6501. Report on cyber attacks by foreign governments against
United States election infrastructure.
Sec. 6502. Review of intelligence community's posture to collect
against and analyze Russian efforts to influence the
Presidential election.
Sec. 6503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 6504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 6505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 6506. Information sharing with State election officials.
Sec. 6507. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for
Federal offices.
Sec. 6508. Designation of counterintelligence officer to lead election
security matters.
TITLE LXVI--SECURITY CLEARANCES
Sec. 6601. Definitions.
Sec. 6602. Reports and plans relating to security clearances and
background investigations.
Sec. 6603. Improving the process for security clearances.
Sec. 6604. Goals for promptness of determinations regarding security
clearances.
Sec. 6605. Security Executive Agent.
Sec. 6606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 6607. Report on clearance in person concept.
Sec. 6608. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 6609. Intelligence community reports on security clearances.
Sec. 6610. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 6611. Information-sharing program for positions of trust and
security clearances.
Sec. 6612. Report on protections for confidentiality of whistleblower-
related communications.
Sec. 6613. Reports on costs of security clearance background
investigations.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 6701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 6702. Assessment of threat finance relating to Russia.
Sec. 6703. Notification of an active measures campaign.
Sec. 6704. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 6705. Report and annual briefing on Iranian expenditures
supporting foreign military and terrorist activities.
Sec. 6706. Expansion of scope of committee to counter active measures.
Subtitle B--Reports
Sec. 6711. Technical correction to Inspector General study.
Sec. 6712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 6713. Review of intelligence community whistleblower matters.
Sec. 6714. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 6715. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 6716. Biennial report on foreign investment risks.
Sec. 6717. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 6718. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 6719. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 6720. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 6721. Inspectors General reports on classification.
Sec. 6722. Reports and briefings on national security effects of global
water insecurity and emerging infectious disease and
pandemics.
Sec. 6723. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the
United States Government regarding significant
operational activities or policy.
Sec. 6724. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 6725. Reports on intelligence community loan repayment and related
programs.
Sec. 6726. Repeal of certain reporting requirements.
Sec. 6727. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of
National Intelligence.
Sec. 6728. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 6729. Intelligence assessment of North Korea revenue sources.
Sec. 6730. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 6741. Public Interest Declassification Board.
Sec. 6742. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 6743. Bug bounty programs.
Sec. 6744. Technical amendments related to the Department of Energy.
Sec. 6745. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 6746. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to
foreign individuals to be accredited to a United Nations
mission in the United States.
Sec. 6747. Sense of Congress on WikiLeaks.
TITLE LXI--INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--Funds that were appropriated for
fiscal year 2019 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government are hereby authorized:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Fiscal Year 2018.--Funds that were appropriated for
fiscal year 2018 for the conduct of the intelligence and
intelligence-related activities of the elements of the United
States set forth in subsection (a) are hereby authorized.
SEC. 6102. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
The amounts that were appropriated for the Intelligence
Community Management Account of the Director of National
Intelligence for fiscal years 2018 and 2019 are hereby
authorized.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
The amounts that were appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
years 2018 and 2019 are hereby authorized.
SEC. 6202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period at the
end and inserting ``, as determined by using the annual rate
of basic pay that would be payable for full-time service in
that position.'';
[[Page H9702]]
(B) in subsection (b)(1)(C)(i), by striking ``12-month''
and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year'' and
inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year'' each
place such term appears and inserting ``two years'';
(E) by redesignating subsections (h), (i), (j), (k), and
(l) as subsections (i), (j), (k), (l), and (m), respectively;
and
(F) by inserting after subsection (g) the following:
``(h) Conditional Election of Insurable Interest Survivor
Annuity by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the
rights of former spouses under subsection (b) and section
222, at the time of retirement a married participant found by
the Director to be in good health may elect to receive an
annuity reduced in accordance with subsection (f)(1)(B) and
designate in writing an individual having an insurable
interest in the participant to receive an annuity under the
system after the participant's death, except that any such
election to provide an insurable interest survivor annuity to
the participant's spouse shall only be effective if the
participant's spouse waives the spousal right to a survivor
annuity under this Act. The amount of the annuity shall be
equal to 55 percent of the participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be
reduced by 10 percent of an annuity computed under subsection
(a) and by an additional 5 percent for each full 5 years the
designated individual is younger than the participant. The
total reduction under this subparagraph may not exceed 40
percent.
``(3) Commencement of survivor annuity.--The annuity
payable to the designated individual shall begin on the day
after the retired participant dies and terminate on the last
day of the month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity that is reduced under this
subsection shall, effective the first day of the month
following the death of the designated individual, be
recomputed and paid as if the annuity had not been so
reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--The
Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et
seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by
striking ``221(h),'' and inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by
striking ``221(k)'' and inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--Subsection
(a) of section 14 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3514(a)) is amended by striking ``221(h)(2),
221(i), 221(l),'' and inserting ``221(i)(2), 221(j),
221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of
section 222(b)(5) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by
striking ``one year'' and inserting ``two years''.
(c) Prior Service Credit.--Subparagraph (A) of section
252(b)(3) of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2082(b)(3)(A)) is amended by striking ``October 1,
1990'' both places that term appears and inserting ``March
31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall
have the authority to reemploy an annuitant on a part-time
basis in accordance with section 8344(l) of title 5, United
States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as
if enacted on October 28, 2009, and shall apply to
computations or participants, respectively, as of such date.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 6301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this subdivision
shall not be deemed to constitute authority for the conduct
of any intelligence activity which is not otherwise
authorized by the Constitution or the laws of the United
States.
SEC. 6302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this subdivision for salary,
pay, retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts as
may be necessary for increases in such compensation or
benefits authorized by law.
SEC. 6303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS
POSITIONS AND ADDITION OF SPECIAL PAY AUTHORITY
FOR CYBER POSITIONS.
Section 113B of the National Security Act of 1947 (50
U.S.C. 3049a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring
Expertise in Science, Technology, Engineering, or
Mathematics.--
``(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for one or more categories of
positions in such element that require expertise in science,
technology, engineering, or mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of pay of
the pay range for each grade or level, subject to subsection
(b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting
from the establishment of higher rates under paragraph (1)
shall be basic pay for the same or similar purposes as those
specified in section 5305(j) of title 5, United States
Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish a
special rate of pay--
``(A) not to exceed the rate of basic pay payable for level
II of the Executive Schedule under section 5313 of title 5,
United States Code, if the Director certifies to the Under
Secretary of Defense for Intelligence, in consultation with
the Under Secretary of Defense for Personnel and Readiness,
that the rate of pay is for positions that perform functions
that execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable for the
Vice President of the United States under section 104 of
title 3, United States Code, if the Director certifies to the
Secretary of Defense, by name, individuals that have advanced
skills and competencies and that perform critical functions
that execute the cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate
under paragraph (1) shall be subject to an aggregate pay
limitation that parallels the limitation established in
section 5307 of title 5, United States Code, except that--
``(A) any allowance, differential, bonus, award, or other
similar cash payment in addition to basic pay that is
authorized under title 10, United States Code, (or any other
applicable law in addition to title 5 of such Code, excluding
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.))
shall also be counted as part of aggregate compensation; and
``(B) aggregate compensation may not exceed the rate
established for the Vice President of the United States under
section 104 of title 3, United States Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of
pay and the limitation established under paragraph (1)(B) may
not be used as comparative references for the purpose of
fixing the rates of basic pay or maximum pay limitations of
qualified positions under section 1599f of title 10, United
States Code, or section 226 of the Homeland Security Act of
2002 (6 U.S.C. 147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than 90 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2017'' and inserting ``Not
later than 90 days after the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019''; and
(B) in paragraph (2)(A), by inserting ``or (b)'' after
``subsection (a)''.
SEC. 6304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION
OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by striking ``President'' and
inserting ``Director''.
SEC. 6305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF
PLACEMENT OF POSITIONS WITHIN THE INTELLIGENCE
COMMUNITY ON THE EXECUTIVE SCHEDULE.
(a) Review.--The Director of National Intelligence, in
coordination with the Director of the Office of Personnel
Management, shall conduct a review of positions within the
intelligence community regarding the placement of such
positions on the Executive Schedule under subchapter II of
chapter 53 of title 5, United States Code. In carrying out
such review, the Director of National Intelligence, in
coordination with the Director of the Office of Personnel
Management, shall determine--
(1) the standards under which such review will be
conducted;
(2) which positions should or should not be on the
Executive Schedule; and
(3) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
(b) Report.--Not later than 60 days after the date on which
the review under subsection (a) is completed, the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives an
unredacted report describing the standards by which the
review was conducted and the outcome of the review.
[[Page H9703]]
SEC. 6306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK
MANAGEMENT TASK FORCE.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Oversight and Reform
of the House of Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and
Counterintelligence Risk Management Task Force to standardize
information sharing between the intelligence community and
the acquisition community of the United States Government
with respect to the supply chain and counterintelligence
risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall
be composed of--
(1) a representative of the Defense Security Service of the
Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal Procurement
Policy of the Office of Management and Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the National Counterintelligence and
Security Center; and
(7) any other members the Director of National Intelligence
determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain
and Counterintelligence Risk Management Task Force
established under subsection (b) shall have a security
clearance at the top secret level and be able to access
sensitive compartmented information.
(e) Annual Report.--The Supply Chain and
Counterintelligence Risk Management Task Force established
under subsection (b) shall submit to the appropriate
congressional committees an annual report that describes the
activities of the Task Force during the previous year,
including identification of the supply chain, cybersecurity,
and counterintelligence risks shared with the acquisition
community of the United States Government by the intelligence
community.
SEC. 6307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS
AND CYBERSECURITY INFRASTRUCTURE WHEN SHARING
INTELLIGENCE WITH FOREIGN GOVERNMENTS AND
ENTITIES.
Whenever the head of an element of the intelligence
community enters into an intelligence-sharing agreement with
a foreign government or any other foreign entity, the head of
the element shall consider the pervasiveness of
telecommunications and cybersecurity infrastructure,
equipment, and services provided by adversaries of the United
States, particularly China and Russia, or entities of such
adversaries in the country or region of the foreign
government or other foreign entity entering into the
agreement.
SEC. 6308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential internet access, email, text
and multimedia messaging, cloud computing, social media,
health care, and financial services, used by personnel of the
intelligence community outside of the scope of their
employment with elements of the intelligence community.
(2) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by
personnel of the intelligence community outside of the scope
of their employment with elements of the intelligence
community, including networks to which such devices connect.
(b) Authority To Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Director
of National Intelligence, the Director may provide cyber
protection support for the personal technology devices and
personal accounts of the personnel described in paragraph
(2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the intelligence community--
(A) who the Director determines to be highly vulnerable to
cyber attacks and hostile information collection activities
because of the positions occupied by such personnel in the
intelligence community; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile
information collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support
provided to personnel under subsection (b) may include
training, advice, assistance, and other services relating to
cyber attacks and hostile information collection activities.
(d) Limitation on Support.--Nothing in this section shall
be construed--
(1) to encourage personnel of the intelligence community to
use personal technology devices for official business; or
(2) to authorize cyber protection support for senior
intelligence community personnel using personal devices,
networks, and personal accounts in an official capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the
provision of cyber protection support under subsection (b).
The report shall include--
(1) a description of the methodology used to make the
determination under subsection (b)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (b).
SEC. 6309. ELIMINATION OF SUNSET OF AUTHORITY RELATING TO
MANAGEMENT OF SUPPLY-CHAIN RISK.
Section 309 of the Intelligence Authorization Act for
Fiscal Year 2012 (Public Law 112-87; 50 U.S.C. 3329 note) is
amended by striking subsection (g).
SEC. 6310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN
SECURITY CLASSIFICATIONS.
(a) Prohibition.--An officer of an element of the
intelligence community who has been nominated by the
President for a position that requires the advice and consent
of the Senate may not make a classification decision with
respect to information related to such officer's nomination.
(b) Classification Determinations.--
(1) In general.--Except as provided in paragraph (2), in a
case in which an officer described in subsection (a) has been
nominated as described in such subsection and classification
authority rests with the officer or another officer who
reports directly to such officer, a classification decision
with respect to information relating to the officer shall be
made by the Director of National Intelligence.
(2) Nominations of director of national intelligence.--In a
case described in paragraph (1) in which the officer
nominated is the Director of National Intelligence, the
classification decision shall be made by the Principal Deputy
Director of National Intelligence.
(c) Reports.--Whenever the Director or the Principal Deputy
Director makes a decision under subsection (b), the Director
or the Principal Deputy Director, as the case may be, shall
submit to the congressional intelligence committees a report
detailing the reasons for the decision.
SEC. 6311. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Meetings.--Section 101A(d) of the National Security Act
of 1947 (50 U.S.C. 3022(d)) is amended--
(1) by striking ``regular''; and
(2) by inserting ``as the Director considers appropriate''
after ``Council''.
(b) Report on Function and Utility of the Joint
Intelligence Community Council.--
(1) In general.--No later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Executive Office of
the President and members of the Joint Intelligence Community
Council, shall submit to the congressional intelligence
committees a report on the function and utility of the Joint
Intelligence Community Council.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of physical or virtual meetings held by the
Council per year since the Council's inception.
(B) A description of the effect and accomplishments of the
Council.
(C) An explanation of the unique role of the Council
relative to other entities, including with respect to the
National Security Council and the Executive Committee of the
intelligence community.
(D) Recommendations for the future role and operation of
the Council.
(E) Such other matters relating to the function and utility
of the Council as the Director considers appropriate.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 6312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY
ENVIRONMENT.
(a) Definitions.--In this section:
(1) Core service.--The term ``core service'' means a
capability that is available to multiple elements of the
intelligence community and required for consistent operation
of the intelligence community information technology
environment.
(2) Intelligence community information technology
environment.--The term ``intelligence community information
technology environment'' means all of the information
technology services across the intelligence community,
including the data sharing and protection environment across
multiple classification domains.
(b) Roles and Responsibilities.--
(1) Director of national intelligence.--The Director of
National Intelligence shall be responsible for coordinating
the performance by elements of the intelligence community of
the intelligence community information technology
environment, including each of the following:
(A) Ensuring compliance with all applicable environment
rules and regulations of such environment.
(B) Ensuring measurable performance goals exist for such
environment.
(C) Documenting standards and practices of such
environment.
(D) Acting as an arbiter among elements of the intelligence
community related to any disagreements arising out of the
implementation of such environment.
(E) Delegating responsibilities to the elements of the
intelligence community and carrying out
[[Page H9704]]
such other responsibilities as are necessary for the
effective implementation of such environment.
(2) Core service providers.--Providers of core services
shall be responsible for--
(A) providing core services, in coordination with the
Director of National Intelligence; and
(B) providing the Director with information requested and
required to fulfill the responsibilities of the Director
under paragraph (1).
(3) Use of core services.--
(A) In general.--Except as provided in subparagraph (B),
each element of the intelligence community shall use core
services when such services are available.
(B) Exception.--The Director of National Intelligence may
provide for a written exception to the requirement under
subparagraph (A) if the Director determines there is a
compelling financial or mission need for such exception.
(c) Management Accountability.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence shall designate and maintain one or
more accountable executives of the intelligence community
information technology environment to be responsible for--
(1) management, financial control, and integration of such
environment;
(2) overseeing the performance of each core service,
including establishing measurable service requirements and
schedules;
(3) to the degree feasible, ensuring testing of each core
service of such environment, including testing by the
intended users, to evaluate performance against measurable
service requirements and to ensure the capability meets user
requirements; and
(4) coordinate transition or restructuring efforts of such
environment, including phaseout of legacy systems.
(d) Security Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall develop and maintain a security plan for
the intelligence community information technology
environment.
(e) Long-Term Roadmap.--Not later than 180 days after the
date of the enactment of this Act, and during each of the
second and fourth fiscal quarters thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a long-term roadmap that shall
include each of the following:
(1) A description of the minimum required and desired core
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) Implementation milestones for the intelligence
community information technology environment, including each
of the following:
(A) A schedule for expected deliveries of core service
capabilities during each of the following phases:
(i) Concept refinement and technology maturity
demonstration.
(ii) Development, integration, and demonstration.
(iii) Production, deployment, and sustainment.
(iv) System retirement.
(B) Dependencies of such core service capabilities.
(C) Plans for the transition or restructuring necessary to
incorporate core service capabilities.
(D) A description of any legacy systems and discontinued
capabilities to be phased out.
(3) Such other matters as the Director determines
appropriate.
(f) Business Plan.--Not later than 180 days after the date
of the enactment of this Act, and during each of the second
and fourth fiscal quarters thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a business plan that includes each of
the following:
(1) A systematic approach to identify core service funding
requests for the intelligence community information
technology environment within the proposed budget, including
multiyear plans to implement the long-term roadmap required
by subsection (e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where
services of the intelligence community information technology
environment will also be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring services
of the intelligence community information technology
environment, as well as services of such environment that
have changed designations as a core service.
(g) Quarterly Presentations.--Beginning not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall provide to the
congressional intelligence committees quarterly updates
regarding ongoing implementation of the intelligence
community information technology environment as compared to
the requirements in the most recently submitted security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the
congressional intelligence committees regarding any policy
changes related to or affecting the intelligence community
information technology environment, new initiatives or
strategies related to or impacting such environment, and
changes or deficiencies in the execution of the security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(i) Sunset.--The section shall have no effect on or after
September 30, 2024.
SEC. 6313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE
SOLUTION FOR INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency and the Director of the National
Security Agency, shall submit to the congressional
intelligence committees a classified report on the
feasibility, desirability, cost, and required schedule
associated with the implementation of a secure mobile voice
solution for the intelligence community.
(b) Contents.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) The benefits and disadvantages of a secure mobile voice
solution.
(2) Whether the intelligence community could leverage
commercially available technology for classified voice
communications that operates on commercial mobile networks in
a secure manner and identifying the accompanying security
risks to such networks.
(3) A description of any policies or community guidance
that would be necessary to govern the potential solution,
such as a process for determining the appropriate use of a
secure mobile telephone and any limitations associated with
such use.
SEC. 6314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a policy for minimum insider
threat standards that is consistent with the National Insider
Threat Policy and Minimum Standards for Executive Branch
Insider Threat Programs.
(b) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the head of each element of the
intelligence community shall implement the policy established
under subsection (a).
SEC. 6315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--The term ``electronic
repository'' means the electronic distribution mechanism, in
use as of the date of the enactment of this Act, or any
successor electronic distribution mechanism, by which the
Director of National Intelligence submits to the
congressional intelligence committees information.
(2) Policy.--The term ``policy'', with respect to the
intelligence community, includes unclassified or classified--
(A) directives, policy guidance, and policy memoranda of
the intelligence community;
(B) executive correspondence of the Director of National
Intelligence; and
(C) any equivalent successor policy instruments.
(b) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees using the electronic repository all nonpublicly
available policies issued by the Director of National
Intelligence for the intelligence community that are in
effect as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the
date on which the Director of National Intelligence issues,
modifies, or rescinds a policy of the intelligence community,
the Director shall--
(A) notify the congressional intelligence committees of
such addition, modification, or removal; and
(B) update the electronic repository with respect to such
addition, modification, or removal.
SEC. 6316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT
EFFORTS.
In order to further increase the diversity of the
intelligence community workforce, not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in consultation with heads of elements
of the Intelligence Community, shall create, implement, and
submit to the congressional intelligence committees a written
plan to ensure that rural and underrepresented regions are
more fully and consistently represented in such elements'
employment recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit
comments to the Director of National Intelligence before such
plan shall be implemented.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 6401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER
EMPLOYEES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3506(a)(4)) is amended by striking ``such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate;'' and inserting ``current and former personnel of
the Office of the Director of National Intelligence and their
immediate families as the Director of National Intelligence
may designate;''.
SEC. 6402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-
SHARING ENVIRONMENT.
(a) Information-sharing Environment.--Section 1016(b) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
[[Page H9705]]
(b) Program Manager.--Section 1016(f)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485(f)(1)) is amended by striking ``The individual
designated as the program manager shall serve as program
manager until removed from service or replaced by the
President (at the President's sole discretion).'' and
inserting ``Beginning on the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019 and 2020, each
individual designated as the program manager shall be
appointed by the Director of National Intelligence.''.
SEC. 6403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
``Director of the National Counterintelligence and Security
Center.''.
SEC. 6404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50
U.S.C. 3034(a)) is amended by adding at the end the following
new sentence: ``The Chief Financial Officer shall report
directly to the Director of National Intelligence.''.
SEC. 6405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by adding at the end the following
new sentence: ``The Chief Information Officer shall report
directly to the Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR
PERSONNEL ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,''
and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(8) Upon the approval of the Director, provide, during
any fiscal year, with or without reimbursement, subsistence
to any personnel assigned to an overseas location designated
by the Agency as an austere location.''.
SEC. 6412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS'
COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR
CENTRAL INTELLIGENCE AGENCY PERSONNEL.
(a) In General.--The Central Intelligence Agency Act of
1949 (50 U.S.C. 3501 et seq.) is amended by inserting after
section 19 the following new section:
``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY
REASON OF WAR, INSURGENCY, HOSTILE ACT,
TERRORIST ACTIVITIES, OR INCIDENTS DESIGNATED
BY THE DIRECTOR.
``(a) Definitions.--In this section:
``(1) Covered dependent.--The term `covered dependent'
means a family member (as defined by the Director) of a
covered employee who, on or after September 11, 2001--
``(A) accompanies the covered employee to an assigned duty
station in a foreign country; and
``(B) becomes injured by reason of a qualifying injury.
``(2) Covered employee.--The term `covered employee' means
an officer or employee of the Central Intelligence Agency
who, on or after September 11, 2001, becomes injured by
reason of a qualifying injury.
``(3) Covered individual.--The term `covered individual'
means an individual who--
``(A)(i) is detailed to the Central Intelligence Agency
from other agencies of the United States Government or from
the Armed Forces; or
``(ii) is affiliated with the Central Intelligence Agency,
as determined by the Director; and
``(B) who, on or after September 11, 2001, becomes injured
by reason of a qualifying injury.
``(4) Qualifying injury.--The term `qualifying injury'
means the following:
``(A) With respect to a covered dependent, an injury
incurred--
``(i) during a period in which the covered dependent is
accompanying the covered employee to an assigned duty station
in a foreign country;
``(ii) in connection with war, insurgency, hostile act,
terrorist activity, or an incident designated for purposes of
this section by the Director; and
``(iii) that was not the result of the willful misconduct
of the covered dependent.
``(B) With respect to a covered employee or a covered
individual--
``(i) an injury incurred--
``(I) during a period of assignment to a duty station in a
foreign country;
``(II) in connection with war, insurgency, hostile act, or
terrorist activity; and
``(III) that was not the result of the willful misconduct
of the covered employee or the covered individual; or
``(ii) an injury incurred--
``(I) in connection with an incident designated for
purposes of this section by the Director; and
``(II) that was not the result of the willful misconduct of
the covered employee or the covered individual.
``(b) Adjustment of Compensation for Certain Injuries.--
``(1) Increase.--The Director may increase the amount of
monthly compensation paid to a covered employee under section
8105 of title 5, United States Code. Subject to paragraph
(2), the Director may determine the amount of each such
increase by taking into account--
``(A) the severity of the qualifying injury;
``(B) the circumstances by which the covered employee
became injured; and
``(C) the seniority of the covered employee.
``(2) Maximum.--Notwithstanding chapter 81 of title 5,
United States Code, the total amount of monthly compensation
increased under paragraph (1) may not exceed the monthly pay
of the maximum rate of basic pay for GS-15 of the General
Schedule under section 5332 of such title.
``(c) Costs for Treating Qualifying Injuries.--The Director
may pay the costs of treating a qualifying injury of a
covered employee, a covered individual, or a covered
dependent, or may reimburse a covered employee, a covered
individual, or a covered dependent for such costs, that are
not otherwise covered by chapter 81 of title 5, United States
Code, or other provision of Federal law.''.
(b) Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall--
(1) prescribe regulations ensuring the fair and equitable
implementation of section 19A of the Central Intelligence
Agency Act of 1949, as added by subsection (a); and
(2) submit to the congressional intelligence committees
such regulations.
(c) Application.--Section 19A of the Central Intelligence
Agency Act of 1949, as added by subsection (a), shall apply
with respect to--
(1) payments made to covered employees (as defined in such
section) under section 8105 of title 5, United States Code,
beginning on or after the date of the enactment of this Act;
and
(2) treatment described in subsection (b) of such section
19A occurring on or after the date of the enactment of this
Act.
SEC. 6413. EXPANSION OF SECURITY PROTECTIVE SERVICE
JURISDICTION OF THE CENTRAL INTELLIGENCE
AGENCY.
Subsection (a)(1) of section 15 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3515(a)(1)) is amended--
(1) in subparagraph (B), by striking ``500 feet;'' and
inserting ``500 yards;''; and
(2) in subparagraph (D), by striking ``500 feet.'' and
inserting ``500 yards.''.
SEC. 6414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT
FOR CERTAIN SENIOR LEVEL POSITIONS IN THE
CENTRAL INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--
Section 104A of the National Security Act of 1947 (50 U.S.C.
3036) is amended by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611
of the Intelligence Authorization Act for Fiscal Year 2005
(Public Law 108-487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 6421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as
follows:
``office of intelligence and counterintelligence
``Sec. 215. (a) Definitions.--In this section, the terms
`intelligence community' and `National Intelligence Program'
have the meanings given such terms in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be
under the National Intelligence Program.
``(c) Director.--(1) The head of the Office shall be the
Director of the Office of Intelligence and
Counterintelligence, who shall be an employee in the Senior
Executive Service, the Senior Intelligence Service, the
Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of
National Intelligence, considers appropriate. The Director of
the Office shall report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as
the Director from among individuals who have substantial
expertise in matters relating to the intelligence community,
including foreign intelligence and counterintelligence.
``(d) Duties.--(1) Subject to the authority, direction, and
control of the Secretary, the Director shall perform such
duties and exercise such powers as the Secretary may
prescribe.
``(2) The Director shall be responsible for establishing
policy for intelligence and counterintelligence programs and
activities at the Department.''.
(b) Conforming Repeal.--Section 216 of the Department of
Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the
beginning of the Department of Energy Organization Act is
amended by striking the items relating to sections 215 and
216 and inserting the following new item:
``Sec. 215. Office of Intelligence and Counterintelligence.''.
SEC. 6422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE
EXECUTIVE COMMITTEE AND BUDGET REPORTING
REQUIREMENT.
Section 214 of the Department of Energy Organization Act
(42 U.S.C. 7144a) is amended--
(1) by striking ``(a)''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 6431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE
COMPONENT OF DEFENSE SECURITY SERVICE AS AN
ELEMENT OF INTELLIGENCE COMMUNITY.
Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence and Under
Secretary of Defense for Intelligence, in coordination with
the Director
[[Page H9706]]
of the National Counterintelligence and Security Center,
shall submit to the congressional intelligence committees,
the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives a
plan to designate the counterintelligence component of the
Defense Security Service of the Department of Defense as an
element of the intelligence community by not later than
January 1, 2021. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information
sharing, and business processes of the Defense Security
Service and the intelligence community; and
(2) not address the personnel security functions of the
Defense Security Service.
SEC. 6432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall
be construed to require the Secretary to provide notice to
any private entity before the Secretary issues a binding
operational directive under subsection (b)(2).''.
SEC. 6433. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
RECONNAISSANCE OFFICE.
(a) Establishment.--Section 106A of the National Security
Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end
the following new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the National
Reconnaissance Office, including with respect to promoting
innovation, competition, and resilience in space, overhead
reconnaissance, acquisition, and other matters; and
``(B) advise and report directly to the Director with
respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--The Board shall be composed of five
members appointed by the Director from among individuals with
demonstrated academic, government, business, or other
expertise relevant to the mission and functions of the
National Reconnaissance Office.
``(ii) Notification.--Not later than 30 days after the date
on which the Director appoints a member to the Board, the
Director shall notify the congressional intelligence
committees and the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) of
such appointment.
``(B) Terms.--Each member shall be appointed for a term of
2 years. Except as provided by subparagraph (C), a member may
not serve more than three terms.
``(C) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
``(D) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
``(E) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
``(F) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the National
Reconnaissance Office, to support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
``(5) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees a report on the activities and
significant findings of the Board during the preceding year.
``(6) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.
``(7) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of the
Board.''.
(b) Initial Appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director of the
National Reconnaissance Office shall appoint the initial five
members to the advisory board under subsection (d) of section
106A of the National Security Act of 1947 (50 U.S.C. 3041a),
as added by subsection (a).
SEC. 6434. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND
SECURITY PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not
later than 60 days after the date of the enactment of this
Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall identify, in consultation
with the Commissioner of U.S. Customs and Border Protection,
the Administrator of the Transportation Security
Administration, the Director of U.S. Immigration and Customs
Enforcement, and the heads of such other elements of the
Department of Homeland Security as the Under Secretary
considers appropriate, opportunities for collocation of
officers of the Office of Intelligence and Analysis in the
field outside of the greater Washington, District of
Columbia, area in order to support operational units from
U.S. Customs and Border Protection, the Transportation
Security Administration, U.S. Immigration and Customs
Enforcement, and other elements of the Department of Homeland
Security.
(b) Plan for Collocation.--Not later than 120 days after
the date of the enactment of this Act, the Under Secretary
shall submit to the congressional intelligence committees a
report that includes a plan for collocation as described in
subsection (a).
TITLE LXV--ELECTION MATTERS
SEC. 6501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives;
(D) the Committee on Foreign Relations of the Senate; and
(E) the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis shall submit to
congressional leadership and the appropriate congressional
committees a report on cyber attacks and attempted cyber
attacks by foreign governments on United States election
infrastructure in States and localities in connection with
the 2016 Presidential election in the United States and such
cyber attacks or attempted cyber attacks as the Under
Secretary anticipates against such infrastructure. Such
report shall identify the States and localities affected and
shall include cyber attacks and attempted cyber attacks
against voter registration databases, voting machines,
voting-related computer networks, and the networks of
Secretaries of State and other election officials of the
various States.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 6502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO
COLLECT AGAINST AND ANALYZE RUSSIAN EFFORTS TO
INFLUENCE THE PRESIDENTIAL ELECTION.
(a) Review Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an after action review of the posture of the
intelligence community to collect against and analyze efforts
of the Government of Russia to interfere in the 2016
Presidential election in the United States; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to such
review.
(b) Elements.--The review required by subsection (a) shall
include, with respect to the posture and efforts described in
paragraph (1) of such subsection, the following:
(1) An assessment of whether the resources of the
intelligence community were properly aligned to detect and
respond to the efforts described in subsection (a)(1).
(2) An assessment of the information sharing that occurred
within elements of the intelligence community.
(3) An assessment of the information sharing that occurred
between elements of the intelligence community.
(4) An assessment of applicable authorities necessary to
collect on any such efforts and any deficiencies in those
authorities.
(5) A review of the use of open source material to inform
analysis and warning of such efforts.
(6) A review of the use of alternative and predictive
analysis.
(c) Form of Report.--The report required by subsection
(a)(2) shall be submitted to the congressional intelligence
committees in a classified form.
SEC. 6503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO
FEDERAL ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the
Director of
[[Page H9707]]
the Federal Bureau of Investigation, the Secretary of
Homeland Security, and the heads of other relevant elements
of the intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018,
and complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election
systems; and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a
report on such security vulnerabilities and an assessment of
foreign intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) Update.--Not later than 90 days before any regularly
scheduled Federal election occurring after December 31, 2018,
the Director of National Intelligence shall--
(1) update the assessment of foreign intelligence threats
to that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
SEC. 6504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO
UNITED STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(4) The Committee on Foreign Relations of the Senate.
(5) The Committee on Foreign Affairs of the House of
Representatives.
(b) Requirement for a Strategy.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the Secretary of
Homeland Security, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, the Secretary of State, the Secretary of Defense, and
the Secretary of the Treasury, shall develop a whole-of-
government strategy for countering the threat of Russian
cyber attacks and attempted cyber attacks against electoral
systems and processes in the United States, including
Federal, State, and local election systems, voter
registration databases, voting tabulation equipment, and
equipment and processes for the secure transmission of
election results.
(c) Elements of the Strategy.--The strategy required by
subsection (b) shall include the following elements:
(1) A whole-of-government approach to protecting United
States electoral systems and processes that includes the
agencies and departments indicated in subsection (b) as well
as any other agencies and departments of the United States,
as determined appropriate by the Director of National
Intelligence and the Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of the
various States and the chief election officials of the
States.
(3) Technical security measures, including auditable paper
trails for voting machines, securing wireless and internet
connections, and other technical safeguards.
(4) Detection of cyber threats, including attacks and
attempted attacks by Russian government or nongovernment
cyber threat actors.
(5) Improvements in the identification and attribution of
Russian government or nongovernment cyber threat actors.
(6) Deterrence, including actions and measures that could
or should be undertaken against or communicated to the
Government of Russia or other entities to deter attacks
against, or interference with, United States election systems
and processes.
(7) Improvements in Federal Government communications with
State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the measurement of
concrete steps taken and progress made in the implementation
of the strategy.
(d) Congressional Briefing.--Not later than 90 days after
the date of the enactment of this Act, the Director of
National Intelligence and the Secretary of Homeland Security
shall jointly brief the appropriate congressional committees
on the strategy developed under subsection (b).
SEC. 6505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE
CAMPAIGNS DIRECTED AT FOREIGN ELECTIONS AND
REFERENDA.
(a) Russian Influence Campaign Defined.--In this section,
the term ``Russian influence campaign'' means any effort,
covert or overt, and by any means, attributable to the
Russian Federation directed at an election, referendum, or
similar process in a country other than the Russian
Federation or the United States.
(b) Assessment Required.--Not later than 60 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report containing an analytical assessment of
the most significant Russian influence campaigns, if any,
conducted during the 3-year period preceding the date of the
enactment of this Act, as well as the most significant
current or planned such Russian influence campaigns, if any.
Such assessment shall include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means by
which such campaigns were conducted, are being conducted, or
likely will be conducted, as appropriate, and the specific
goal of each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of
assisting the government of such foreign state in defending
against or responding to such Russian influence campaigns;
and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(c) Form.--The report required by subsection (b) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
SEC. 6506. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) State Defined.--In this section, the term ``State''
means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall support the Under Secretary of Homeland
Security for Intelligence and Analysis, and any other
official of the Department of Homeland Security designated by
the Secretary of Homeland Security, in sponsoring a security
clearance up to the top secret level for each eligible chief
election official of a State or the District of Columbia, and
additional eligible designees of such election official as
appropriate, at the time that such election official assumes
such position.
(2) Interim clearances.--Consistent with applicable
policies and directives, the Director of National
Intelligence may issue interim clearances, for a period to be
determined by the Director, to a chief election official as
described in paragraph (1) and up to one designee of such
official under such paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National Intelligence
shall assist the Under Secretary of Homeland Security for
Intelligence and Analysis and the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department
(as specified in section 103(a)(1)(H) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing
any appropriate classified information related to threats to
election systems and to the integrity of the election process
with chief election officials and such designees who have
received a security clearance under subsection (b).
(2) Coordination.--The Under Secretary of Homeland Security
for Intelligence and Analysis shall coordinate with the
Director of National Intelligence and the Under Secretary
responsible for overseeing critical infrastructure
protection, cybersecurity, and other related programs of the
Department (as specified in section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to
facilitate the sharing of information to the affected
Secretaries of State or States.
SEC. 6507. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER
INTRUSIONS AND ACTIVE MEASURES CAMPAIGNS
DIRECTED AT ELECTIONS FOR FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently
jeopardizes, without lawful authority, electronic election
infrastructure, or the integrity, confidentiality, or
availability of information within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to
an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination
is credibly sourced and plausible but not of sufficient
quality or corroborated sufficiently to warrant a higher
level of confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee
[[Page H9708]]
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions
and Active Measures Campaigns.--The Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly carry out subsection (c) if such Directors and the
Secretary jointly determine--
(1) that on or after the date of the enactment of this Act,
a significant foreign cyber intrusion or active measures
campaign intended to influence an upcoming election for any
Federal office has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion
or campaign can be attributed to a foreign state or to a
foreign nonstate person, group, or other entity.
(c) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (b), the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly provide a briefing to the congressional leadership,
the congressional intelligence committees and, consistent
with the protection of sources and methods, the other
appropriate congressional committees. The briefing shall be
classified and address, at a minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may be,
covered by the determination.
(B) An identification of the foreign state or foreign
nonstate person, group, or other entity, to which such
intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public release
of information about the cyber intrusion or active measures
campaign.
(D) Any other information such Directors and the Secretary
jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With
respect to a significant foreign cyber intrusion covered by a
determination under subsection (b), the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall offer to the owner or operator of any
electronic election infrastructure directly affected by such
intrusion, a briefing on such intrusion, including steps that
may be taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
SEC. 6508. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD
ELECTION SECURITY MATTERS.
(a) In General.--The Director of National Intelligence
shall designate a national counterintelligence officer within
the National Counterintelligence and Security Center to lead,
manage, and coordinate counterintelligence matters relating
to election security.
(b) Additional Responsibilities.--The person designated
under subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by
interference from foreign powers (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801)) to the following:
(1) The Federal Government election security supply chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers appropriate.
TITLE LXVI--SECURITY CLEARANCES
SEC. 6601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House of
Representatives; and
(H) the Committee on Oversight and Reform of the House of
Representatives.
(2) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order No. 12829
(50 U.S.C. 3161 note; relating to National Industrial
Security Program)) that is participating in the National
Industrial Security Program established by such Executive
order.
(3) Continuous vetting.--The term ``continuous vetting''
has the meaning given such term in Executive Order No. 13467
(50 U.S.C. 3161 note; relating to reforming processes for
determining suitability for government employment, fitness
for contractor employees, and eligibility for access to
classified national security information).
(4) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to such Executive order, or any
successor entity.
(5) Reciprocity.--The term ``reciprocity'' means reciprocal
recognition by Federal departments and agencies of
eligibility for access to classified information.
(6) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 6605.
(7) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in
accordance with Executive Order No. 13467 (50 U.S.C. 3161
note; relating to reforming processes related to suitability
for Government employment, fitness for contractor employees,
and eligibility for access to classified national security
information), or any successor entity
SEC. 6602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES
AND BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the
workforce, facilities, and information of the Federal
Government is of the highest priority to national security
and public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve
its efficiency, effectiveness, and accountability;
(3) the current system for background investigations for
security clearances, suitability and fitness for employment,
and credentialing lacks efficiencies and capabilities to meet
the current threat environment, recruit and retain a trusted
workforce, and capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure
standardization, portability, and reciprocity in security
clearances across the Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners the following:
(A) A plan, with milestones, to reduce the background
investigation inventory to 200,000, or an otherwise
sustainable steady-level, by the end of year 2020. Such plan
shall include notes of any required changes in investigative
and adjudicative standards or resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for security
clearances in the most effective and efficient manner in the
Defense Counterintelligence and Security Agency. Such plan
shall address required funding, personnel, contracts,
information technology, field office structure, policy,
governance, schedule, transition costs, and effects on
stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chairman of the Council, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report on the future of
personnel security to reflect changes in threats, the
workforce, and technology.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) A risk framework for granting and renewing access to
classified information.
(ii) A discussion of the use of technologies to prevent,
detect, and monitor threats.
(iii) A discussion of efforts to address reciprocity and
portability.
(iv) A discussion of the characteristics of effective
insider threat programs.
(v) An analysis of how to integrate data from continuous
vetting, insider threat programs, and human resources data.
(vi) Recommendations on interagency governance.
(3) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the Council,
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a plan to
implement the report's framework and recommendations
submitted under paragraph (2)(A).
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available
to the public a report regarding the status of the
disposition of requests received from departments and
agencies of the Federal Government for a change to, or
approval under, the Federal investigative standards, the
national adjudicative guidelines, continuous vetting, or
other national policy regarding personnel security.
SEC. 6603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report that includes the
following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form
86) and by the Federal Investigative Standards prescribed by
the Suitability and Credentialing Executive Agent and the
Security Executive Agent appropriately supports the
adjudicative guidelines under Security Executive Agent
Directive 4 (known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification of
whether any such information currently collected is
unnecessary to support the adjudicative guidelines.
[[Page H9709]]
(2) An assessment of whether such Questionnaire, Standards,
and guidelines should be revised to account for the prospect
of a holder of a security clearance becoming an insider
threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National Security
Positions (Standard Form 86) and increasing customer support
to applicants completing such Questionnaire;
(B) using remote techniques and centralized locations to
support or replace field investigation work;
(C) using secure and reliable digitization of information
obtained during the clearance process;
(D) building the capacity of the background investigation
workforce; and
(E) replacing periodic reinvestigations with continuous
vetting techniques in all appropriate circumstances.
(b) Policy, Strategy, and Implementation.--Not later than
180 days after the date of the enactment of this Act, the
Security Executive Agent shall, in coordination with the
members of the Council, establish the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors
are treated consistently in the security clearance process
across agencies and departments of the United States as
compared to employees of such agencies and departments. Such
policy shall address--
(A) prioritization of processing security clearances based
on the mission the contractors will be performing;
(B) standardization in the forms that agencies issue to
initiate the process for a security clearance;
(C) digitization of background investigation-related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines under
Security Executive Agent Directive 4 (known as the ``National
Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across agencies
and departments of the United States, regardless of status of
periodic reinvestigation;
(G) tracking of clearance files as individuals move from
employment with an agency or department of the United States
to employment in the private sector;
(H) collection of timelines for movement of contractors
across agencies and departments;
(I) reporting on security incidents and job performance,
consistent with section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974''), that may
affect the ability to hold a security clearance;
(J) any recommended changes to the Federal Acquisition
Regulations (FAR) necessary to ensure that information
affecting contractor clearances or suitability is
appropriately and expeditiously shared between and among
agencies and contractors; and
(K) portability of contractor security clearances between
or among contracts at the same agency and between or among
contracts at different agencies that require the same level
of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part of a
security clearance determination only on an as-needed, risk-
based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous vetting methods
may be used to expedite or focus reinvestigations; and
(C) provides an exception to the requirement under
subparagraph (A) for certain populations if the Security
Executive Agent--
(i) determines such populations require reinvestigations at
regular intervals; and
(ii) provides written justification to the appropriate
congressional committees for any such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks
generated pursuant to a security clearance applicant's
employment with a prior employer.
(5) A policy for the use of certain background information
on individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous vetting
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a substitute
for a periodic investigation for continued access to
classified information.
SEC. 6604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING
SECURITY CLEARANCES.
(a) In General.--The Council shall reform the security
clearance process with the objective that, by December 31,
2021, 90 percent of all determinations, other than
determinations regarding populations identified under section
6603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or fewer; and
(B) at the top secret level are issued in 90 days or fewer;
and
(2) reciprocity of security clearances at the same level
are recognized in 2 weeks or fewer.
(b) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31,
2021, reinvestigation on a set periodicity is not required
for more than 10 percent of the population that holds a
security clearance.
(c) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the appropriate
congressional committees should achieve substantially
equivalent outcomes as those outlined in subsections (b) and
(c), the Council may use those metrics for purposes of
compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph,
the Council shall, not later than 30 days after communicating
such metrics to departments and agencies, notify the
appropriate congressional committees that it is using such
authority.
(d) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners a plan to carry out this
section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c)
for 2019, 2020, and 2021.
SEC. 6605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804
and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence,
or such other officer of the United States as the President
may designate, shall serve as the Security Executive Agent
for all departments and agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent
are as follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable,
polygraphs for eligibility for access to classified
information or eligibility to hold a sensitive position made
by any Federal agency.
``(2) To review the national security background
investigation and adjudication programs of Federal agencies
to determine whether such programs are being implemented in
accordance with this section.
``(3) To develop and issue uniform and consistent policies
and procedures to ensure the effective, efficient, timely,
and secure completion of investigations, polygraphs, and
adjudications relating to determinations of eligibility for
access to classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
conduct investigations of persons who are proposed for access
to classified information or for eligibility to hold a
sensitive position to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to classified
information or eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
determine eligibility for access to classified information or
eligibility to hold a sensitive position in accordance with
Executive Order No. 12968 (50 U.S.C. 3161 note; relating to
access to classified information).
``(6) To review and approve the policies of the Federal
agencies that ensure reciprocal recognition of eligibility
for access to classified information or eligibility to hold a
sensitive position among Federal agencies, and to act as the
final authority to arbitrate and resolve disputes among such
agencies involving the reciprocity of investigations and
adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of
Federal agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness, and
security in processes relating to determinations by such
agencies of eligibility for access to classified information
or eligibility to hold a sensitive position, including such
matters as investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or waivers
of, national security investigative requirements, including
issuing implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to
the head of any Federal agency (solely or jointly) any of the
duties of the Security Executive Agent described in
subsection (b) or the authorities described in paragraphs (1)
and (2), provided that the exercise of such assigned duties
or authorities is subject to the oversight of the Security
Executive Agent, including such terms and conditions
(including approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate; and
``(4) define and set standards for continuous vetting for
continued access to classified information and for
eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--
Not later than 30 days after the date on which the Chairman
of the Council submits to the appropriate congressional
committees the report required by section 6602(b)(2)(A), the
Chairman shall submit to the appropriate congressional
committees such recommendations as the Chairman may have for
revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such
Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking ``in
section 804'' and inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the
matter preceding section 2 of such Act (50 U.S.C. 3002) is
amended by striking the items relating to sections 803 and
804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 6606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE
STANDARDS FOR POSITIONS OF TRUST AND SECURITY
CLEARANCES.
Not later than 90 days after the date of the enactment of
this Act, the Security Executive
[[Page H9710]]
Agent and the Suitability and Credentialing Executive Agent,
in coordination with the other members of the Council, shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a report
regarding the advisability and the risks, benefits, and costs
to the Government and to industry of consolidating to not
more than three tiers for positions of trust and security
clearances.
SEC. 6607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to
reflect the greater mobility of the modern workforce,
alternative methodologies merit analysis to allow greater
flexibility for individuals moving in and out of positions
that require access to classified information, while still
preserving security.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a report that
describes the requirements, feasibility, and advisability of
implementing a clearance in person concept described in
subsection (c).
(c) Clearance in Person Concept.--The clearance in person
concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access to
classified information, networks, and facilities for up to 3
years after the individual's eligibility for access to
classified information would otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and
background investigation as current, regardless of employment
status, contingent on enrollment in a continuous vetting
program.
(d) Contents.--The report required under subsection (b)
shall address--
(1) requirements for an individual to voluntarily remain in
a continuous vetting program validated by the Security
Executive Agent even if the individual is not in a position
requiring access to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security
and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 6608. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES
INSIDE OF DEPARTMENTS AND AGENCIES.
(a) Reports to Security Executive Agent.--The head of each
Federal department or agency shall submit an annual report to
the Security Executive Agent that, with respect to the period
covered by the report--
(1) identifies the number of individuals whose security
clearances took more than 2 weeks for reciprocity recognition
after such individuals move to another part of such
department or agency; and
(2) breaks out the information described in paragraph (1)
by type of clearance and the reasons for any delays.
(b) Annual Report.--Not less frequently than once each
year, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to
industry partners a report that summarizes the information
received pursuant to subsection (b) during the period covered
by such report.
SEC. 6609. INTELLIGENCE COMMUNITY REPORTS ON SECURITY
CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) despite sustained efforts by Congress and the executive
branch, an unacceptable backlog in processing and
adjudicating security clearances persists, both within
elements of the intelligence community and in other
departments of the Federal Government, with some processing
times exceeding a year or even more;
(2) the protracted clearance timetable threatens the
ability of elements of the intelligence community to hire and
retain highly qualified individuals, and thus to fulfill the
missions of such elements;
(3) the prospect of a lengthy clearance process deters some
such individuals from seeking employment with the
intelligence community in the first place, and, when faced
with a long wait time, those with conditional offers of
employment may opt to discontinue the security clearance
process and pursue different opportunities;
(4) now more than ever, therefore, the broken security
clearance process badly needs fundamental reform; and
(5) in the meantime, to ensure the ability of elements of
the intelligence community to hire and retain highly
qualified personnel, elements should consider, to the extent
possible and consistent with national security, permitting
new employees to enter on duty immediately or nearly so, and
to perform, on a temporary basis pending final adjudication
of their security clearances, work that either does not
require a security clearance or requires only a low-level
interim clearance.
(b) Reports Required.--Section 506H of the National
Security Act of 1947 (50 U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
(B) in subparagraph (B)(ii), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Intelligence Community Reports.--(1)(A) Not later
than March 1 of each year, the Director of National
Intelligence shall submit a report to the congressional
intelligence committees, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives regarding the security clearances processed
by each element of the intelligence community during the
preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives such portions of the report
submitted under subparagraph (A) as the Director determines
address elements of the intelligence community that are
within the Department of Defense.
``(C) Each report submitted under this paragraph shall
separately identify security clearances processed for Federal
employees and contractor employees sponsored by each such
element.
``(2) Each report submitted under paragraph (1)(A) shall
include, for each element of the intelligence community for
the fiscal year covered by the report, the following:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number of such adjudications that were
adjudicated favorably and granted access to classified
information; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice
of a determination provided to the existing employee,
including--
``(i) the total number of such adjudications that were
adjudicated favorably; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were not
adjudicated as of the last day of such year and that remained
pending, categorized as follows:
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but shorter than 12
months.
``(iii) For 12 months or longer, but shorter than 18
months.
``(iv) For 18 months or longer, but shorter than 24 months.
``(v) For 24 months or longer.
``(F) For any security clearance determinations completed
or pending during the year preceding the year for which the
report is submitted that have taken longer than 12 months to
complete--
``(i) an explanation of the causes for the delays incurred
during the period covered by the report; and
``(ii) the number of such delays involving a polygraph
requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that
resulted in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision
on potentially adverse information.
``(3) The report required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.''; and
(4) in subsection (c), as redesignated, by striking
``subsection (a)(1)'' and inserting ``subsections (a)(1) and
(b)''.
SEC. 6610. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE
COMMUNITY THAT CAN BE CONDUCTED WITHOUT ACCESS
TO CLASSIFIED INFORMATION, NETWORKS, OR
FACILITIES.
Not later than 180 days after the date of the enactment of
this Act and not less frequently than once every 5 years
thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
that reviews the intelligence community for which positions
can be conducted without access to classified information,
networks, or facilities, or may only require a security
clearance at the secret level.
SEC. 6611. INFORMATION-SHARING PROGRAM FOR POSITIONS OF TRUST
AND SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
establish and implement a program to share between and among
agencies of the Federal Government and industry partners of
the Federal Government relevant background information
regarding individuals applying for and currently occupying
national security positions and positions of trust, in order
to ensure the Federal Government maintains a trusted
workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
ensure that
[[Page H9711]]
the Program includes such safeguards for privacy as the
Security Executive Agent and the Suitability and
Credentialing Executive Agent consider appropriate.
(c) Provision of Information to the Federal Government.--
The Program shall include requirements that enable
investigative service providers and agencies of the Federal
Government to leverage certain pre-employment information
gathered through private-sector means during the employment
or military recruiting process, and other relevant security
or human resources information obtained during employment
with or for the Federal Government, that satisfy Federal
investigative standards, while safeguarding personnel
privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant
to obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of the Program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the Program.
(f) Plan for Pilot Program on Two-way Information
Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of a pilot program to assess the
feasibility and advisability of expanding the Program to
include the sharing of information held by the Federal
Government related to contract personnel with the security
office of the employers of those contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the pilot program.
(g) Review.--Not later than 1 year after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a review of the
plans submitted under subsections (e)(1) and (f)(1) and
utility and effectiveness of the programs described in such
plans.
SEC. 6612. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF
WHISTLEBLOWER-RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Security Executive Agent shall, in coordination
with the Inspector General of the Intelligence Community,
submit to the appropriate congressional committees a report
detailing the controls employed by the intelligence community
to ensure that continuous vetting programs, including those
involving user activity monitoring, protect the
confidentiality of whistleblower-related communications.
SEC. 6613. REPORTS ON COSTS OF SECURITY CLEARANCE BACKGROUND
INVESTIGATIONS.
(a) Reports.--Not later than March 1, 2020, and each year
thereafter through 2022, the Security Executive Agent, in
coordination with the Council, shall submit to the
appropriate congressional committees a report on the
resources expended by each agency of the Federal Government
during the fiscal year prior to the date of the report for
processing security clearance background investigations and
continuous vetting programs, disaggregated by tier and
whether the individual was a Government employee or
contractor.
(b) Contents.--Each report submitted under subsection (a)
shall include, for the period covered by the report--
(1) the costs of background investigations;
(2) the costs of reinvestigations;
(3) the costs associated with background investigations and
reinvestigations for Government personnel;
(4) the costs associated with background investigations and
reinvestigations for contract personnel;
(5) costs associated with continuous evaluation initiatives
monitoring for personnel for whom a background investigation
or reinvestigation was conducted, other than costs associated
with adjudication;
(6) the average cost per person for each type of background
investigation; and
(7) a summary of transfers and reprogrammings that were
executed to support the processing of security clearances.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
SEC. 6701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF
CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the Federal
Government, other than the Department of Defense, to enter
into or implement any bilateral agreement between the United
States and the Russian Federation regarding cybersecurity,
including the establishment or support of any cybersecurity
unit, unless, at least 30 days prior to the conclusion of any
such agreement, the Director of National Intelligence submits
to the appropriate congressional committees a report on such
agreement that includes the elements required by subsection
(c).
(2) Department of defense agreements.--Any agreement
between the Department of Defense and the Russian Federation
regarding cybersecurity shall be conducted in accordance with
section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), as amended by section
1231 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
(c) Elements.--If the Director submits a report under
subsection (b) with respect to an agreement, such report
shall include a discussion of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared pursuant to
the agreement.
(3) The expected value to national security resulting from
the implementation of the agreement.
(4) Such counterintelligence concerns associated with the
agreement as the Director may have and such measures as the
Director expects to be taken to mitigate such concerns.
(d) Rule of Construction.--This section shall not be
construed to affect any existing authority of the Director of
National Intelligence, the Director of the Central
Intelligence Agency, or another head of an element of the
intelligence community, to share or receive foreign
intelligence on a case-by-case basis.
SEC. 6702. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Threat Finance Defined.--In this section, the term
``threat finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move,
raise, conceal, or launder money or value, on behalf of
threat actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
the Treasury for Intelligence and Analysis, shall submit to
the congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report
containing an assessment of Russian threat finance. The
assessment shall be based on intelligence from all sources,
including from the Office of Terrorism and Financial
Intelligence of the Department of the Treasury.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat
finance activities conducted by, for the benefit of, or at
the behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any provision of law
imposing sanctions with respect to Russia;
(C) Russian nationals subject to sanctions under any other
provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including
common methods of conducting such activities and global nodes
of money laundering used by Russian threat actors described
in paragraph (1) and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government
of Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to Russia,
especially in Europe, including examples of such engagement
and coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
[[Page H9712]]
(B) any vulnerabilities within the United States legal and
financial system, including specific sectors, which have been
or could be exploited in connection with Russian threat
finance activities; and
(C) the counterintelligence threat posed by Russian money
laundering and other forms of threat finance, as well as the
threat to the United States financial system and United
States efforts to enforce sanctions and combat organized
crime.
(7) Any other matters the Director determines appropriate.
(d) Form of Report.--The report required under subsection
(b) may be submitted in classified form.
SEC. 6703. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(C) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal
Bureau of Investigation and the head of any other relevant
agency, shall notify the congressional leadership and the
chairman and vice chairman or ranking member of each of the
appropriate congressional committees, and of other relevant
committees of jurisdiction, each time the Director of
National Intelligence determines there is credible
information that a foreign power has, is, or will attempt to
employ a covert influence or active measures campaign with
regard to the modernization, employment, doctrine, or force
posture of the nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions
taken by the United States to expose or halt an attempt
referred to in subsection (b).
SEC. 6704. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC
AND CONSULAR PERSONNEL OF THE RUSSIAN
FEDERATION IN THE UNITED STATES.
In carrying out the advance notification requirements set
out in section 502 of the Intelligence Authorization Act for
Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat.
825; 22 U.S.C. 254a note), the Secretary of State shall--
(1) ensure that the Russian Federation provides
notification to the Secretary of State at least 2 business
days in advance of all travel that is subject to such
requirements by accredited diplomatic and consular personnel
of the Russian Federation in the United States, and take
necessary action to secure full compliance by Russian
personnel and address any noncompliance; and
(2) provide notice of travel described in paragraph (1) to
the Director of National Intelligence and the Director of the
Federal Bureau of Investigation within 1 hour of receiving
notice of such travel.
SEC. 6705. REPORT AND ANNUAL BRIEFING ON IRANIAN EXPENDITURES
SUPPORTING FOREIGN MILITARY AND TERRORIST
ACTIVITIES.
(a) Report.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report, and not less frequently than once each
year thereafter provide a briefing to Congress, describing
Iranian expenditures in the previous calendar year on
military and terrorist activities outside the country,
including each of the following:
(A) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(i) Hizballah;
(ii) Houthi rebels in Yemen;
(iii) Hamas;
(iv) proxy forces in Iraq and Syria; or
(v) any other entity or country the Director determines to
be relevant.
(B) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Director determines are destabilizing to the Middle East
region.
(2) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Annual Briefing.--Following the submission of the
report under subsection (a), the Director shall annually
provide a briefing to the congressional intelligence
committees on the information described in such subsection.
SEC. 6706. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE
MEASURES.
(a) Scope of Committee to Counter Active Measures.--Section
501 of the Intelligence Authorization Act for Fiscal Year
2017 (Public Law 115-31; 50 U.S.C. 3001 note) is amended--
(1) in subsections (a) through (h)--
(A) by inserting ``, the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or other nation state'' after ``Russian Federation''
each place it appears; and
(B) by inserting ``, China, Iran, North Korea, or other
nation state'' after ``Russia'' each place it appears; and
(2) in the section heading, by inserting ``, the people's
republic of china, the islamic republic of iran, the
democratic people's republic of korea, or other nation
state'' after ``russian federation''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 501 and inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of
Korea, and other nation states to exert covert influence
over peoples and governments.''.
Subtitle B--Reports
SEC. 6711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is
amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
SEC. 6712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Homeland security intelligence enterprise.--The term
``Homeland Security Intelligence Enterprise'' has the meaning
given such term in Department of Homeland Security
Instruction Number 264-01-001, or successor authority.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Under Secretary of
Homeland Security for Intelligence and Analysis, shall submit
to the appropriate committees of Congress a report on the
authorities of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) An analysis of whether the Under Secretary has the
legal and policy authority necessary to organize and lead the
Homeland Security Intelligence Enterprise, with respect to
intelligence, and, if not, a description of--
(A) the obstacles to exercising the authorities of the
Chief Intelligence Officer of the Department and the Homeland
Security Intelligence Council, of which the Chief
Intelligence Officer is the chair; and
(B) the legal and policy changes necessary to effectively
coordinate, organize, and lead intelligence activities of the
Department of Homeland Security.
(2) A description of the actions that the Secretary has
taken to address the inability of the Under Secretary to
require components of the Department, other than the Office
of Intelligence and Analysis of the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
SEC. 6713. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General
of the Intelligence Community, in consultation with the
inspectors general for the Central Intelligence Agency, the
National Security Agency, the National Geospatial-
Intelligence Agency, the Defense Intelligence Agency, and the
National Reconnaissance Office, shall conduct a review of the
authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors
general.
(b) Objective of Review.--The objective of the review
required under subsection (a) is to identify any
discrepancies, inconsistencies, or other issues, which
frustrate the timely and effective reporting of intelligence
community whistleblower matters to appropriate inspectors
general and to the congressional intelligence committees, and
the fair and expeditious investigation and resolution of such
matters.
(c) Conduct of Review.--The Inspector General of the
Intelligence Community shall take such measures as the
Inspector General determines necessary in order to ensure
that the review required by subsection (a) is conducted in an
independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a written report containing the
results of the review required under subsection (a), along
with recommendations to improve the timely and effective
reporting of intelligence community whistleblower matters to
inspectors general and to the congressional intelligence
committees and the fair and expeditious investigation and
resolution of such matters.
SEC. 6714. REPORT ON ROLE OF DIRECTOR OF NATIONAL
INTELLIGENCE WITH RESPECT TO CERTAIN FOREIGN
INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the heads of the elements of the
intelligence
[[Page H9713]]
community determined appropriate by the Director, shall
submit to the congressional intelligence committees a report
on the role of the Director in preparing analytic materials
in connection with the evaluation by the Federal Government
of national security risks associated with potential foreign
investments into the United States.
(b) Elements.--The report under subsection (a) shall
include--
(1) a description of the current process for the provision
of the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and
personnel to prepare such materials; and
(3) recommendations to improve such process.
SEC. 6715. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES TELECOMMUNICATIONS
NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall, in coordination with the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, the Director of the Federal Bureau of Investigation,
and the Secretary of Homeland Security, submit to the
appropriate congressional committees a report describing--
(1) any attempts known to the intelligence community by
foreign governments to exploit cybersecurity vulnerabilities
in United States telecommunications networks (including
Signaling System No. 7) to target for surveillance United
States persons, including employees of the Federal
Government; and
(2) any actions, as of the date of the enactment of this
Act, taken by the intelligence community to protect agencies
and personnel of the United States Government from
surveillance conducted by foreign governments.
SEC. 6716. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of National
Intelligence shall establish an intelligence community
interagency working group to prepare the biennial reports
required by subsection (b).
(2) Chairperson.--The Director of National Intelligence
shall serve as the chairperson of such interagency working
group.
(3) Membership.--Such interagency working group shall be
composed of representatives of each element of the
intelligence community that the Director of National
Intelligence determines appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 2 years thereafter, the Director of National
Intelligence shall submit to the appropriate congressional
committees a report on foreign investment risks prepared by
the interagency working group established under subsection
(a).
(2) Elements.--Each report required by paragraph (1) shall
include identification, analysis, and explanation of the
following:
(A) Any current or projected major threats to the national
security of the United States with respect to foreign
investment.
(B) Any strategy used by a foreign country that such
interagency working group has identified to be a country of
special concern to use foreign investment to target the
acquisition of critical technologies, critical materials, or
critical infrastructure.
(C) Any economic espionage efforts directed at the United
States by a foreign country, particularly such a country of
special concern.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security and Governmental
Affairs and the Committee on Foreign Relations of the Senate;
and
(3) the Committee on Homeland Security and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 6717. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON
TRAVEL OF FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31) is amended by striking
``the number'' and inserting ``a best estimate''.
SEC. 6718. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Covered official.--The term `covered official'
means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight responsibility
for an element of the intelligence community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--
The term `unauthorized disclosure of classified information'
means any unauthorized disclosure of classified information
to any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media organization.
``(b) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the
congressional intelligence committees a report on
investigations of unauthorized public disclosures of
classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period,
the following:
``(A) The number of investigations opened by the covered
official regarding an unauthorized public disclosure of
classified information.
``(B) The number of investigations completed by the covered
official regarding an unauthorized public disclosure of
classified information.
``(C) Of the number of such completed investigations
identified under subparagraph (B), the number referred to the
Attorney General for criminal investigation.
``(c) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security
of the Department of Justice, in consultation with the
Director of the Federal Bureau of Investigation, shall submit
to the congressional intelligence committees, the Committee
on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report on the
status of each referral made to the Department of Justice
from any element of the intelligence community regarding an
unauthorized disclosure of classified information made during
the most recent 365-day period or any referral that has not
yet been closed, regardless of the date the referral was
made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in the
unauthorized disclosure.
``(D) A statement indicating whether an open criminal
investigation related to the referral is active.
``(E) A statement indicating whether any criminal charges
have been filed related to the referral.
``(F) A statement indicating whether the Department of
Justice has been able to attribute the unauthorized
disclosure to a particular entity or individual.
``(d) Form of Reports.--Each report submitted under this
section shall be submitted in unclassified form, but may have
a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 1104 the
following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 6719. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF
COVERED INTELLIGENCE OFFICER AS PERSONA NON
GRATA.
(a) Covered Intelligence Officer Defined.--In this section,
the term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in a post
in a foreign country; or
(2) a known or suspected foreign intelligence officer
serving in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after
a covered intelligence officer is designated as a persona non
grata, the Director of National Intelligence, in consultation
with the Secretary of State, shall submit to the
congressional intelligence committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a notification of
that designation. Each such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
SEC. 6720. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL
GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated
November 15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor
document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
[[Page H9714]]
confidentiality, integrity, or availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities
Equities Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a written report describing--
(A) with respect to each element of the intelligence
community--
(i) the title of the official or officials responsible for
determining whether, pursuant to criteria contained in the
Vulnerabilities Equities Policy and Process document or any
successor document, a vulnerability must be submitted for
review under the Vulnerabilities Equities Process; and
(ii) the process used by such element to make such
determination; and
(B) the roles or responsibilities of that element during a
review of a vulnerability submitted to the Vulnerabilities
Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and
criteria used by any element of the intelligence community
for determining whether to submit a vulnerability for review
under the Vulnerabilities Equities Process, such element
shall submit to the congressional intelligence committees a
report describing such change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each
calendar year, the Director of National Intelligence shall
submit to the congressional intelligence committees a
classified report containing, with respect to the previous
year--
(A) the number of vulnerabilities submitted for review
under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in subparagraph
(A) disclosed to each vendor responsible for correcting the
vulnerability, or to the public, pursuant to the
Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the
Vulnerabilities Equities Process, as described in paragraph
5.4 of the Vulnerabilities Equities Policy and Process
document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process; and
(B) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process known to have been patched.
(3) Nonduplication.--The Director of National Intelligence
may forgo submission of an annual report required under this
subsection for a calendar year, if the Director notifies the
intelligence committees in writing that, with respect to the
same calendar year, an annual report required by paragraph
4.3 of the Vulnerabilities Equities Policy and Process
document already has been submitted to Congress, and such
annual report contains the information that would otherwise
be required to be included in an annual report under this
subsection.
SEC. 6721. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not less than once per year in each
of the three fiscal years immediately following the date of
the enactment of this Act, each Inspector General listed in
subsection (b) shall submit to the congressional intelligence
committees a report that includes, with respect to the
department or agency of the Inspector General, analyses of
the following with respect to the prior fiscal year:
(1) The accuracy of the application of classification and
handling markers on a representative sample of finished
reports, including such reports that are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying topics
of public or historical importance that merit prioritization
for a declassification review.
(b) Inspectors General Listed.--The Inspectors General
listed in this subsection are as follows:
(1) The Inspector General of the Intelligence Community.
(2) The Inspector General of the Central Intelligence
Agency.
(3) The Inspector General of the National Security Agency.
(4) The Inspector General of the Defense Intelligence
Agency.
(5) The Inspector General of the National Reconnaissance
Office.
(6) The Inspector General of the National Geospatial-
Intelligence Agency.
SEC. 6722. REPORTS AND BRIEFINGS ON NATIONAL SECURITY EFFECTS
OF GLOBAL WATER INSECURITY AND EMERGING
INFECTIOUS DISEASE AND PANDEMICS.
(a) Global Water Insecurity.--
(1) Report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report on the implications of water insecurity
on the national security interests of the United States,
including consideration of social, economic, agricultural,
and environmental factors.
(B) Assessment scope and focus.--The report submitted under
subparagraph (A) shall include an assessment of water
insecurity described in such subsection with a global scope,
but focus on areas of the world--
(i) of strategic, economic, or humanitarian interest to the
United States--
(I) that are, as of the date of the report, at the greatest
risk of instability, conflict, human insecurity, or mass
displacement; or
(II) where challenges relating to water insecurity are
likely to emerge and become significant during the 5-year or
the 20-year period beginning on the date of the report; and
(ii) where challenges relating to water insecurity are
likely to imperil the national security interests of the
United States or allies of the United States.
(C) Consultation.--In researching the report required by
subparagraph (A), the Director shall consult with--
(i) such stakeholders within the intelligence community,
the Department of Defense, and the Department of State as the
Director considers appropriate; and
(ii) such additional Federal agencies and persons in the
private sector as the Director considers appropriate.
(D) Form.--The report submitted under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Quinquennial briefings.--Beginning on the date that is
5 years after the date on which the Director submits the
report under paragraph (1), and every 5 years thereafter, the
Director shall provide to the committees specified in such
paragraph a briefing that updates the matters contained in
the report.
(b) Emerging Infectious Disease and Pandemics.--
(1) Report.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a report on the anticipated geopolitical effects
of emerging infectious disease (including deliberate,
accidental, and naturally occurring infectious disease
threats) and pandemics, and their implications on the
national security of the United States.
(B) Contents.--The report under subparagraph (A) shall
include an assessment of--
(i) the economic, social, political, and security risks,
costs, and impacts of emerging infectious diseases on the
United States and the international political and economic
system;
(ii) the economic, social, political, and security risks,
costs, and impacts of a major transnational pandemic on the
United States and the international political and economic
system; and
(iii) contributing trends and factors to the matters
assessed under clauses (i) and (ii).
(C) Examination of response capacity.--In examining the
risks, costs, and impacts of emerging infectious disease and
a possible transnational pandemic under subparagraph (B), the
Director of National Intelligence shall also examine in the
report under subparagraph (A) the response capacity within
affected countries and the international system. In
considering response capacity, the Director shall include--
(i) the ability of affected nations to effectively detect
and manage emerging infectious diseases and a possible
transnational pandemic;
(ii) the role and capacity of international organizations
and nongovernmental organizations to respond to emerging
infectious disease and a possible pandemic, and their ability
to coordinate with affected and donor nations; and
(iii) the effectiveness of current international
frameworks, agreements, and health systems to respond to
emerging infectious diseases and a possible transnational
pandemic.
(2) Quinquennial briefings.--Beginning on the date that is
5 years after the date on which the Director submits the
report under paragraph (1), and every 5 years thereafter, the
Director shall provide to the congressional intelligence
committees a briefing that updates the matters contained in
the report.
(3) Form.--The report under paragraph (1) and the briefings
under paragraph (2) may be classified.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Energy and Commerce, and the
Committee on Appropriations of the House of Representatives;
and
(C) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Health, Education, Labor,
and Pensions, and the Committee on Appropriations of the
Senate.
SEC. 6723. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING
BETWEEN ELEMENTS OF INTELLIGENCE COMMUNITY AND
OTHER ENTITIES OF THE UNITED STATES GOVERNMENT
REGARDING SIGNIFICANT OPERATIONAL ACTIVITIES OR
POLICY.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual
budget request submitted by the President to Congress under
section 1105 of title 31, United States Code, each head of an
element of the intelligence community shall submit to the
congressional intelligence committees a report that lists
each memorandum of understanding or other agreement regarding
significant operational activities or policy entered into
[[Page H9715]]
during the most recently completed fiscal year between or
among such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of
an intelligence community who receives a request from the
Select Committee on Intelligence of the Senate or the
Permanent Select Committee on Intelligence of the House of
Representatives for a copy of a memorandum of understanding
or other document listed in a report submitted by the head
under subsection (a) shall submit to such committee the
requested copy as soon as practicable after receiving such
request.''.
SEC. 6724. STUDY ON THE FEASIBILITY OF ENCRYPTING
UNCLASSIFIED WIRELINE AND WIRELESS TELEPHONE
CALLS.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall complete and submit to the congressional
intelligence committees a study on the feasibility of
encrypting unclassified wireline and wireless telephone calls
between personnel in the intelligence community.
(b) Briefing.--Not later than 90 days after the date on
which the Director submits the study required by subsection
(a), the Director shall provide to the congressional
intelligence committees a briefing on the Director's findings
with respect to such study.
SEC. 6725. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT
AND RELATED PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an
intelligence-community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, for employees of the intelligence
community;
(2) creating such a program would enhance the ability of
the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the
ability of the elements of the intelligence community to
recruit, hire, and retain highly qualified personnel,
including with respect to mission-critical and hard-to-fill
positions; and
(4) to the extent possible, such a program should be
uniform throughout the intelligence community and publicly
promoted by each element of the intelligence community to
both current employees of the element as well as to
prospective employees of the element.
(b) Report on Potential Intelligence Community-Wide
Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in cooperation with the heads of the elements
of the intelligence community and the heads of any other
appropriate department or agency of the Federal Government,
shall submit to the congressional intelligence committees a
report on potentially establishing and carrying out an
intelligence-community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that the
elements of the intelligence community would require to
establish and initially carry out the program specified in
paragraph (1).
(B) A description of the practical steps to establish and
carry out such a program.
(C) The identification of any legislative action the
Director determines necessary to establish and carry out such
a program.
(c) Annual Reports on Established Programs.--
(1) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
program, established pursuant to title X of the National
Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other
provision of law that may be administered or used by an
element of the intelligence community.
(2) Annual reports required.--Not less frequently than once
each year, the Director of National Intelligence shall submit
to the congressional intelligence committees a report on the
covered programs. Each such report shall include, with
respect to the period covered by the report, the following:
(A) The number of personnel from each element of the
intelligence community who used each covered program.
(B) The total amount of funds each element expended for
each such program.
(C) A description of the efforts made by each element to
promote each covered program pursuant to both the personnel
of the element of the intelligence community and to
prospective personnel.
SEC. 6726. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-Standing Material Weaknesses.--Section
368 of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 110-259; 50 U.S.C. 3051 note) is hereby
repealed.
(b) Interagency Threat Assessment and Coordination Group.--
Section 210D of the Homeland Security Act of 2002 (6 U.S.C.
124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and inserting a
period; and
(B) by striking paragraph (9).
(c) Inspector General Report.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
SEC. 6727. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
REPORT ON SENIOR EXECUTIVES OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Senior Executive Service Position Defined.--In this
section, the term ``Senior Executive Service position'' has
the meaning given that term in section 3132(a)(2) of title 5,
United States Code, and includes any position above the GS-
15, step 10, level of the General Schedule under section 5332
of such title.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on the number of Senior
Executive Service positions in the Office of the Director of
National Intelligence.
(c) Matters Included.--The report under subsection (b)
shall include the following:
(1) The number of required Senior Executive Service
positions for the Office of the Director of National
Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the number of the Senior Executive
Service positions in the Office compare to the number of
senior positions at comparable organizations.
(d) Cooperation.--The Director of National Intelligence
shall provide to the Inspector General of the Intelligence
Community any information requested by the Inspector General
of the Intelligence Community that is necessary to carry out
this section by not later than 14 calendar days after the
date on which the Inspector General of the Intelligence
Community makes such request.
SEC. 6728. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION
OFFERING PERMANENT RESIDENCE TO SOURCES AND
COOPERATORS.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation
shall provide to the congressional intelligence committees a
briefing on the ability of the Federal Bureau of
Investigation to offer, as an inducement to assisting the
Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national-security-related
investigations. The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies
and departments of the United States Government, including a
discussion of the authorities provided by section
101(a)(15)(S) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence
Agency Act (50 U.S.C. 3508), and any other provision of law
under which the Bureau may make such offers.
(2) An overview of the policies and operational practices
of the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with
respect to inducing individuals to cooperate with, serve as
sources for such investigations, or both.
(4) Whether the Director recommends any legislative actions
to improve such policies and practices, particularly with
respect to the counterintelligence efforts of the Bureau.
SEC. 6729. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE
SOURCES.
(a) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
State for Intelligence and Research and the Assistant
Secretary of the Treasury for Intelligence and Analysis,
shall produce an intelligence assessment of the revenue
sources of the North Korean regime. Such assessment shall
include revenue from the following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean
territorial waters.
(3) Trade in gold, titanium ore, vanadium ore, copper,
silver, nickel, zinc, or rare earth minerals, and other
stores of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and services.
(6) Sales of controlled goods, ballistic missiles, and
other associated items.
(7) Other types of manufacturing for export, as the
Director of National Intelligence considers appropriate.
(8) The exportation of workers from North Korea in a manner
intended to generate significant revenue, directly or
indirectly, for use by the government of North Korea.
(9) The provision of nonhumanitarian goods (such as food,
medicine, and medical devices) and services by other
countries.
(10) The provision of services, including banking and other
support, including by entities located in the Russian
Federation, China, and Iran.
(11) Online commercial activities of the Government of
North Korea, including online gambling.
(12) Criminal activities, including cyber-enabled crime and
counterfeit goods.
(b) Elements.--The assessment required under subsection (a)
shall include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and nonfinancial networks, including supply
chain management, transportation, and facilitation, through
which North
[[Page H9716]]
Korea accesses the United States and international financial
systems and repatriates and exports capital, goods, and
services; and
(3) the global financial institutions, money services
business, and payment systems that assist North Korea with
financial transactions.
(c) Submittal to Congress.--Upon completion of the
assessment required under subsection (a), the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations of the Senate a copy of such assessment.
SEC. 6730. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL
CURRENCIES BY TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop
Terrorist Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of the Treasury and the
Under Secretary of Homeland Security for Intelligence and
Analysis, shall submit to Congress a report on the possible
exploitation of virtual currencies by terrorist actors. Such
report shall include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State sponsors of
terrorism use virtual currencies.
(2) An assessment of the use by terrorist organizations and
state sponsors of terrorism of virtual currencies compared to
the use by such organizations and states of other forms of
financing to support operations, including an assessment of
the collection posture of the intelligence community on the
use of virtual currencies by such organizations and states.
(3) A description of any existing legal impediments that
inhibit or prevent the intelligence community from collecting
information on or helping prevent the use of virtual
currencies by international terrorist organizations and state
sponsors of terrorism and an identification of any gaps in
existing law that could be exploited for illicit funding by
such organizations and States.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Dissemination to State and Local Partners.--Consistent
with the protection of classified and confidential
unclassified information, the Under Secretary shall share the
report required by subsection (b) with State, local, and
regional officials who operate within State, local, and
regional fusion centers through the Department of Homeland
Security State, Local, and Regional Fusion Center Initiative
established in section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h).
Subtitle C--Other Matters
SEC. 6741. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Meetings.--Section 703(e) of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C.
3161 note) is amended by striking ``funds.'' and inserting
``funds, but shall meet in person not less frequently than on
a quarterly basis.''.
(b) Removal of Sunset.--Section 710 of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C.
3161 note) is amended--
(1) by striking subsection (b);
(2) in the section heading, by striking ``; sunset''; and
(3) by striking ``(a) Effective Date.--''.
(c) Status of Board.--Notwithstanding section 710(b) of the
Public Interest Declassification Act of 2000 (Public Law 106-
567; 50 U.S.C. 3161 note) as in effect on the day before the
date of the enactment of this Act--
(1) the Public Interest Declassification Board shall be
deemed to not have terminated for purposes of the appointment
of members to the Board;
(2) section 703(h) of such Act shall not apply with respect
to the period beginning on December 31, 2018, and ending on
the day before the date of the enactment of this Act; and
(3) the length of the terms of the members serving on the
Board as of December 30, 2018, shall be calculated by not
counting the period specified in paragraph (2).
SEC. 6742. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL
SECURITY ACT OF 1947.
(a) Table of Contents.--The table of contents at the
beginning of the National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions.'';
(4) by striking the items relating to sections 202, 203,
204, 208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further
amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of subsection (g),
by moving the margins of such subparagraph 2 ems to the left;
and
(B) in paragraph (3) of subsection (v), by moving the
margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``Sec. 106.'' before ``(a)'' and
conforming the typeface and typestyle accordingly; and
(B) in subparagraph (I) of paragraph (2) of subsection (b),
by moving the margins of such subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified
and an unclassified form'' and inserting ``to Congress in
classified form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)''
and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of
this Act or other provisions of law, the provisions of title
5, United States Code, shall be applicable to the Department
of Defense.'';
(7) in section 205, by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and
inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph 4 ems to the
left; and
(ii) by moving the margins of subparagraph (B) of such
paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving the
margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a)
of section 504, by moving the margins of such subparagraph 2
ems to the right.
SEC. 6743. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(2) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved computer security
specialist or security researcher is temporarily authorized
to identify and report vulnerabilities within the information
system of an agency or department of the United States in
exchange for compensation.
(3) Information system.--The term ``information system''
has the meaning given that term in section 3502 of title 44,
United States Code.
(b) Bug Bounty Program Plan.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Defense,
shall submit to appropriate committees of Congress a
strategic plan for appropriate agencies and departments of
the United States to implement bug bounty programs.
(2) Contents.--The plan required by paragraph (1) shall
include--
(A) an assessment of--
(i) the ``Hack the Pentagon'' pilot program carried out by
the Department of Defense in 2016 and subsequent bug bounty
programs in identifying and reporting vulnerabilities within
the information systems of the Department of Defense; and
(ii) private sector bug bounty programs, including such
programs implemented by leading technology companies in the
United States; and
(B) recommendations on the feasibility of initiating bug
bounty programs at appropriate agencies and departments of
the United States.
SEC. 6744. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF
ENERGY.
(a) National Nuclear Security Administration Act.--Section
3233(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2423(b)) is amended--
(1) by striking ``Administration'' and inserting
``Department''; and
(2) by inserting ``Intelligence and'' after ``the Office
of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the
Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended
by inserting ``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of
section 106(b) of the National Security Act of 1947 (50
U.S.C. 3041(b)(2)) is amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively.
SEC. 6745. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Definitions.--In this section:
(1) Adversary foreign government.--The term ``adversary
foreign government'' means the government of any of the
following foreign countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term ``covered
classified information'' means classified information that
was--
(A) collected by an element of the intelligence community;
or
(B) provided by the intelligence service or military of a
foreign country to an element of the intelligence community.
(3) Established intelligence channels.--The term
``established intelligence channels''
[[Page H9717]]
means methods to exchange intelligence to coordinate foreign
intelligence relationships, as established pursuant to law by
the Director of National Intelligence, the Director of the
Central Intelligence Agency, the Director of the National
Security Agency, or other head of an element of the
intelligence community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any officer or
employee of the executive branch, including individuals--
(A) occupying a position specified in article II of the
Constitution;
(B) appointed to a position by an individual described in
subparagraph (A); or
(C) serving in the civil service or the Senior Executive
Service (or similar service for senior executives of
particular departments or agencies).
(b) Findings.--Congress finds that section 502 of the
National Security Act of 1947 (50 U.S.C. 3092) requires
elements of the intelligence community to keep the
congressional intelligence committees ``fully and currently
informed'' about all ``intelligence activities'' of the
United States, and to ``furnish to the congressional
intelligence committees any information or material
concerning intelligence activities * * * which is requested
by either of the congressional intelligence committees in
order to carry out its authorized responsibilities.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50
U.S.C. 3092), together with other intelligence community
authorities, obligates an element of the intelligence
community to submit to the congressional intelligence
committees written notification, by not later than 7 days
after becoming aware, that an individual in the executive
branch has disclosed covered classified information to an
official of an adversary foreign government using methods
other than established intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of classified
information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure was
made; and
(D) a summary of the circumstances of such disclosure.
SEC. 6746. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE
ACTIVITIES WHEN CONSIDERING WHETHER OR NOT TO
PROVIDE VISAS TO FOREIGN INDIVIDUALS TO BE
ACCREDITED TO A UNITED NATIONS MISSION IN THE
UNITED STATES.
It is the sense of the Congress that the Secretary of
State, in considering whether or not to provide a visa to a
foreign individual to be accredited to a United Nations
mission in the United States, should consider--
(1) known and suspected intelligence activities, espionage
activities, including activities constituting precursors to
espionage, carried out by the individual against the United
States, foreign allies of the United States, or foreign
partners of the United States; and
(2) the status of an individual as a known or suspected
intelligence officer for a foreign adversary.
SEC. 6747. SENSE OF CONGRESS ON WIKILEAKS.
It is the sense of Congress that WikiLeaks and the senior
leadership of WikiLeaks resemble a nonstate hostile
intelligence service often abetted by state actors and should
be treated as such a service by the United States.
DIVISION F--OTHER MATTERS
TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 7101. Short title.
Subtitle A--Sanctions With Respect to North Korea
Sec. 7111. Sense of Congress.
Sec. 7112. Definitions.
Part I--Expansion of Sanctions and Related Matters
Sec. 7121. Sanctions with respect to foreign financial institutions
that provide financial services to certain sanctioned
persons.
Sec. 7122. Mandatory designations under North Korea Sanctions and
Policy Enhancement Act of 2016.
Sec. 7123. Extension of applicability period of proliferation
prevention sanctions.
Sec. 7124. Opposition to assistance by the international financial
institutions.
Sec. 7125. Support for capacity of the International Monetary Fund to
prevent money laundering and financing of terrorism.
Sec. 7126. Report and briefings on compliance, penalties, and technical
assistance.
Sec. 7127. Sense of Congress on identification and blocking of property
of North Korean officials.
Sec. 7128. Modification of report on implementation of United Nations
Security Council resolutions by other governments.
Sec. 7129. Report on use by the Government of North Korea of beneficial
ownership rules to access the international financial
system.
Part II--Congressional Review and Oversight
Sec. 7131. Notification of termination or suspension of sanctions.
Sec. 7132. Reports on certain licensing actions.
Sec. 7133. Report and briefings on financial networks and financial
methods of the Government of North Korea.
Sec. 7134. Report on countries of concern with respect to
transshipment, reexportation, or diversion of certain
items to North Korea.
Part III--General Matters
Sec. 7141. Rulemaking.
Sec. 7142. Authority to consolidate reports.
Sec. 7143. Waivers, exemptions, and termination.
Sec. 7144. Procedures for review of classified and certain other
information.
Sec. 7145. Briefing on resourcing of sanctions programs.
Sec. 7146. Briefing on proliferation financing.
Sec. 7147. Exception relating to importation of goods.
Subtitle B--Financial Industry Guidance to Halt Trafficking
Sec. 7151. Short title.
Sec. 7152. Sense of Congress.
Sec. 7153. Coordination of human trafficking issues by the Office of
Terrorism and Financial Intelligence.
Sec. 7154. Strengthening the role of anti-money laundering and other
financial tools in combating human trafficking.
Sec. 7155. Sense of Congress on resources to combat human trafficking.
SEC. 7101. SHORT TITLE.
This title may be cited as the ``Otto Warmbier North Korea
Nuclear Sanctions and Enforcement Act of 2019''.
Subtitle A--Sanctions With Respect to North Korea
SEC. 7111. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to working with its
allies and partners to halt the nuclear and ballistic missile
programs of North Korea through a policy of maximum pressure
and diplomatic engagement;
(2) the imposition of sanctions, including those under this
title, should not be construed to limit the authority of the
President to fully engage in diplomatic negotiations to
further the policy objective described in paragraph (1);
(3) the successful use of sanctions to halt the nuclear and
ballistic missile programs of North Korea is part of a
broader diplomatic and economic strategy that relies on
effective coordination among relevant Federal agencies and
officials, as well as with international partners of the
United States; and
(4) the coordination described in paragraph (3) should
include proper vetting of external messaging and
communications from all parts of the Executive branch to
ensure that those communications are an intentional component
of and aligned with the strategy of the United States with
respect to North Korea.
SEC. 7112. DEFINITIONS.
In this subtitle, the terms ``applicable Executive order'',
``applicable United Nations Security Council resolution'',
``appropriate congressional committees'', ``Government of
North Korea'', ``North Korea'', ``North Korean financial
institution'', and ``North Korean person'' have the meanings
given those terms in section 3 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9202).
PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS
SEC. 7121. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
(a) In General.--Title II of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is
amended by inserting after section 201A the following:
``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
``(a) In General.--The Secretary of the Treasury shall
impose one or more of the sanctions described in subsection
(b) with respect to a foreign financial institution that the
Secretary determines, in consultation with the Secretary of
State, knowingly, on or after the date that is 120 days after
the date of the enactment of the Otto Warmbier North Korea
Nuclear Sanctions and Enforcement Act of 2019, provides
significant financial services to any person designated for
the imposition of sanctions with respect to North Korea
under--
``(1) subsection (a), (b), or (g) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Sanctions Described.--The sanctions that may be
imposed with respect to a foreign financial institution
subject to subsection (a) are the following:
``(1) Asset blocking.--The Secretary may block and
prohibit, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of the foreign financial
institution if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
``(2) Restrictions on correspondent and payable-through
accounts.--The Secretary may prohibit, or impose strict
conditions on, the opening or maintaining in the United
States of a correspondent account or a payable-through
account by the foreign financial institution.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
[[Page H9718]]
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
``(d) Regulations.--Not later than 120 days after the date
of the enactment of the Otto Warmbier North Korea Nuclear
Sanctions and Enforcement Act of 2019, the President shall,
as appropriate, prescribe regulations to carry out this
section.
``(e) Exception Relating to Importation of Goods.--
``(1) In general.--Notwithstanding section 404(b) or any
provision of this section, the authorities and requirements
to impose sanctions under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
``(2) Good defined.--In this subsection, the term `good'
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
``(f) Definitions.--In this section:
``(1) Account; correspondent account; payable-through
account.--The terms `account', `correspondent account', and
`payable-through account' have the meanings given those terms
in section 5318A of title 31, United States Code.
``(2) Foreign financial institution.--The term `foreign
financial institution' has the meaning given that term in
section 510.309 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).
``(3) Knowingly.--The term `knowingly', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
``SEC. 201C. PROHIBITION ON TRANSACTIONS WITH CERTAIN
SANCTIONED PERSONS BY PERSONS OWNED OR
CONTROLLED BY UNITED STATES FINANCIAL
INSTITUTIONS.
``(a) In General.--Not later than 180 days after the date
of the enactment of the Otto Warmbier North Korea Nuclear
Sanctions and Enforcement Act of 2019, the Secretary of the
Treasury, in consultation with the Secretary of State, shall
prohibit an entity owned or controlled by a United States
financial institution and established or maintained outside
the United States from knowingly engaging in any transaction
described in subsection (b) directly or indirectly with the
Government of North Korea or any person designated for the
imposition of sanctions with respect to North Korea under--
``(1) subsection (a), (b), or (g) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Transactions Described.--A transaction described in
this subsection is a transaction that would be prohibited by
an order or regulation issued pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if the
transaction were engaged in in the United States or by a
United States person.
``(c) Civil Penalties.--The civil penalty provided for in
section 206(b) of the International Emergency Economic Powers
Act (50 U.S.C. 1705(b)) shall apply to a United States
financial institution to the same extent that such penalty
applies to a person that commits an unlawful act described in
section 206(a) of that Act if an entity owned or controlled
by the United States financial institution and established or
maintained outside the United States violates, attempts to
violate, conspires to violate, or causes a violation of any
order or regulation issued to implement subsection (a).
``(d) United States Financial Institution Defined.--In this
section, the term `United States financial institution' has
the meaning given the term `U.S. financial institution' in
section 510.328 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling).''.
(b) Clerical Amendment.--The table of contents for the
North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by inserting after the item relating to section 201A
the following:
``Sec. 201B. Sanctions with respect to foreign financial institutions
that provide financial services to certain sanctioned
persons.
``Sec. 201C. Prohibition on transactions with certain sanctioned
persons by persons owned or controlled by United States
financial institutions.''.
SEC. 7122. MANDATORY DESIGNATIONS UNDER NORTH KOREA SANCTIONS
AND POLICY ENHANCEMENT ACT OF 2016.
(a) In General.--Section 104 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9214) is
amended--
(1) by adding at the end the following:
``(g) Additional Mandatory Designations.--
``(1) In general.--Except as provided in section 208, the
President shall designate under this subsection any person
that the President determines--
``(A) knowingly, directly or indirectly, engages in the
importation from or exportation to North Korea of significant
quantities of--
``(i)(I) coal, textiles, seafood, iron, or iron ore; or
``(II) refined petroleum products or crude oil above limits
set by the United Nations Security Council and with which the
United States concurs; or
``(ii) services or technology related to goods specified in
clause (i);
``(B) knowingly facilitates a significant transfer of funds
or property of the Government of North Korea that materially
contributes to any violation of an applicable United Nations
Security Council resolution;
``(C) knowingly, directly or indirectly, engages in,
facilitates, or is responsible for the exportation of workers
from North Korea, or the employment of such workers, in a
manner that generates significant revenue, directly or
indirectly, for use by the Government of North Korea or by
the Workers' Party of Korea;
``(D) knowingly, directly or indirectly, sells or transfers
a significant number of vessels to North Korea, except as
specifically approved by the United Nations Security Council;
``(E) knowingly engages in a significant activity to
charter, insure, register, facilitate the registration of, or
maintain insurance or a registration for, a vessel owned,
controlled, commanded, or crewed by a North Korean person; or
``(F) knowingly contributes to and participates in--
``(i) a significant act of bribery of an official of the
Government of North Korea or any person acting for or on
behalf of that official;
``(ii) the misappropriation, theft, or embezzlement of a
significant amount of public funds by, or for the benefit of,
an official of the Government of North Korea or any person
acting for or on behalf of that official; or
``(iii) the use of any proceeds of any activity described
in subparagraph (A) or (B).'';
(2) in subsection (c), by inserting ``or (g)'' after
``subsection (a)'';
(3) in subsection (d)--
(A) by striking ``or'' the first place it appears and
inserting a comma; and
(B) by inserting ``, or (g)'' after ``(b)''; and
(4) in subsection (e)--
(A) by striking ``or'' the last place it appears and
inserting a comma; and
(B) by inserting ``, or (g)'' after ``(b)''.
(b) Conforming Amendments.--The North Korea Sanctions and
Policy Enhancement Act of 2016 is amended--
(1) in section 3(4) (22 U.S.C. 9202(4))--
(A) by striking ``or'' the first place it appears and
inserting a comma; and
(B) by inserting ``, or (g)'' after ``(b)''; and
(2) in section 102 (22 U.S.C. 9212)--
(A) in subsection (a), by inserting ``or (g)'' after
``section 104(a)'' each place it appears; and
(B) in subsection (b)(1)--
(i) by striking ``and'' the first place it appears and
inserting a comma; and
(ii) by inserting ``, and (g)'' after ``(b)''; and
(3) in section 204 (22 U.S.C. 9224), by inserting ``or
(g)'' after ``section 104(a)'' each place it appears; and
(4) in section 302(b)(3) (22 U.S.C. 9241(b)(3)) is amended
by striking ``section 104(b)(1)(M)'' and inserting ``section
104(g)(1)(C)''.
SEC. 7123. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION
PREVENTION SANCTIONS.
Section 203(b)(2) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by
striking ``2 years'' and inserting ``5 years''.
SEC. 7124. OPPOSITION TO ASSISTANCE BY THE INTERNATIONAL
FINANCIAL INSTITUTIONS.
(a) In General.--The Bretton Woods Agreements Act (22
U.S.C. 286 et seq.) is amended by adding at the end the
following:
``SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERNMENT THAT
FAILS TO IMPLEMENT SANCTIONS ON NORTH KOREA.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution (as defined in section
1701(c) of the International Financial Institutions Act (22
U.S.C. 262r(c))) that it is the policy of the United States
to oppose the provision by that institution of financial
assistance to a foreign government, other than assistance to
support basic human needs, if the President determines that,
in the year preceding consideration of approval of such
assistance, the government has knowingly failed to adequately
enforce sanctions under an applicable United Nations Security
Council resolution (as defined in section 3 of the North
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9202)).
``(b) Waiver.--The President may waive subsection (a) for
up to 180 days at a time with respect to a foreign government
if the President--
``(1) determines that--
``(A) the failure of the foreign government described in
subsection (a) is due exclusively to a lack of capacity on
the part of the foreign government;
``(B) the foreign government is taking effective steps to
prevent recurrence of such failure; or
``(C) the waiver is in the national security interests of
the United States; and
``(2) submits to Congress a report on the reasons for the
determination under paragraph (1).''.
(b) Termination.--Effective on the date that is 10 years
after the date of the enactment of this Act, section 73 of
the Bretton Woods Agreements Act, as added by subsection (a),
is repealed.
SEC. 7125. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY
FUND TO PREVENT MONEY LAUNDERING AND FINANCING
OF TERRORISM.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by
adding at the end the following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL
MONETARY FUND TO PREVENT MONEY LAUNDERING AND
FINANCING OF TERRORISM.
``The Secretary of the Treasury shall instruct the United
States Executive Director at the
[[Page H9719]]
International Monetary Fund to use the voice and vote of the
United States to support the increased use of the
administrative budget of the Fund for technical assistance
that strengthens the capacity of members of the Fund to
prevent money laundering and the financing of terrorism.''.
(b) Termination.--Effective on the date that is 5 years
after the date of the enactment of this Act, section 1629 of
the International Financial Institutions Act, as added by
subsection (a), is repealed.
(c) National Advisory Council Report to Congress.--The
Chairman of the National Advisory Council on International
Monetary and Financial Policies shall include in each report
required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r) after the date of the
enactment of this Act and before December 31, 2023, a
description of--
(1) the activities of the International Monetary Fund in
the fiscal year covered by the report to provide technical
assistance that strengthens the capacity of members of the
Fund to prevent money laundering and the financing of
terrorism, and the effectiveness of the assistance; and
(2) the efficacy of efforts by the United States to support
such technical assistance through the use of the Fund's
administrative budget, and the level of such support.
SEC. 7126. REPORT AND BRIEFINGS ON COMPLIANCE, PENALTIES, AND
TECHNICAL ASSISTANCE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall submit to the committees specified in
subsection (d) a report that includes--
(1) a list of financial institutions that, during the
period beginning on the date that is one year before the date
of the enactment of this Act and ending on the date of the
report, knowingly facilitated a significant transaction or
transactions or provided significant financial services for--
(A) any North Korean person designated under an applicable
Executive order;
(B) any North Korean person that knowingly facilitates the
transfer of bulk cash or covered goods (as defined under
section 1027.100 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling));
(C) any person that knowingly invests in, or participates
in a joint venture with, an entity in which the Government of
North Korea participates or an entity that is created or
organized under the laws of North Korea;
(D) any person that knowingly provides financial services,
including through a subsidiary or joint venture, in North
Korea;
(E) any person that knowingly provides specialized
teaching, training, or information or provides material or
technological support to a North Korean person that--
(i) may contribute to North Korea's development and
proliferation of weapons of mass destruction, including
systems designed in whole or in part for the delivery of such
weapons; or
(ii) may contribute to significant activities undermining
cybersecurity; and
(2) a description of efforts by the Department of the
Treasury during the period described in paragraph (1),
through outreach, consultations, technical assistance, or
other appropriate activities, to strengthen the capacity of
financial institutions and foreign governments to prevent the
provision of financial services benefitting any person
subject to sanctions under--
(A) this Act or an amendment made by this Act;
(B) an applicable Executive order; or
(C) an applicable United Nations Security Council
resolution.
(b) Annual Briefings.--Not later than one year after the
submission of the report required by subsection (a), and
annually thereafter until the date that is 5 years after the
date of the enactment of this Act, the Secretary of the
Treasury shall brief the committees specified in subsection
(d) on the matters covered by the report for the one-year
period preceding the briefing.
(c) Testimony Required.--Upon request of either of the
committees specified in subsection (d), the Under Secretary
of the Treasury for Terrorism and Financial Crimes shall
testify to explain the effects of this Act and the amendments
made by this Act on North Korea's access to illicit finance
channels.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
SEC. 7127. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING
OF PROPERTY OF NORTH KOREAN OFFICIALS.
It is the sense of Congress that the President should--
(1) encourage international collaboration to counter the
money laundering, terrorist financing, and proliferation
financing threats emanating from North Korea; and
(2) prioritize multilateral efforts to identify and block--
(A) any property owned or controlled by a North Korean
official; and
(B) any significant proceeds of kleptocracy by the
Government of North Korea or a North Korean official.
SEC. 7128. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED
NATIONS SECURITY COUNCIL RESOLUTIONS BY OTHER
GOVERNMENTS.
Section 317 of the Korean Interdiction and Modernization of
Sanctions Act (title III of Public Law 115-44; 131 Stat. 950)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for 5 years,'' and
inserting ``Not later than 180 days after the date of the
enactment of the Otto Warmbier North Korea Nuclear Sanctions
and Enforcement Act of 2019, and annually thereafter for 5
years,'';
(B) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(C) by redesignating paragraph (4) as paragraph (8); and
(D) by inserting after paragraph (3) the following:
``(4) prohibit, in the territories of such countries or by
persons subject to the jurisdiction of such governments, the
opening of new joint ventures or cooperative entities with
North Korean persons or the expansion of existing joint
ventures through additional investments, whether or not for
or on behalf of the Government of North Korea, unless such
joint ventures or cooperative entities have been approved by
the committee of the United Nations Security Council
established by United Nations Security Council Resolution
1718 (2006);
``(5) prohibit the unauthorized clearing of funds by North
Korean financial institutions through financial institutions
subject to the jurisdiction of such governments;
``(6) prohibit the unauthorized conduct of commercial trade
with North Korea that is prohibited under applicable United
Nations Security Council resolutions;
``(7) prevent the provision of significant financial
services to North Korean persons or the transfer of such
services to North Korean persons to, through, or from the
territories of such countries or by persons subject to the
jurisdiction of such governments; or''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees and
leadership.--The term `appropriate congressional committees
and leadership' means--
``(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
``(2) Applicable united nations security council
resolution; north korean financial institution; north korean
person.--The terms `applicable United Nations Security
Council resolution', `North Korean financial institution',
and `North Korean person' have the meanings given those terms
in section 3 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9202).''.
SEC. 7129. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF
BENEFICIAL OWNERSHIP RULES TO ACCESS THE
INTERNATIONAL FINANCIAL SYSTEM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report setting forth
the findings of the Secretary regarding how the Government of
North Korea is exploiting the laws of countries other than
the United States with respect to the beneficial owner of an
entity in order to access the international financial system.
(b) Elements.--The Secretary shall include in the report
required under subsection (a) proposals for such legislative
and administrative action as the Secretary considers
appropriate to combat the abuse by the Government of North
Korea of shell companies and other similar entities subject
to the jurisdiction of governments other than the United
States Government to avoid or evade sanctions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART II--CONGRESSIONAL REVIEW AND OVERSIGHT
SEC. 7131. NOTIFICATION OF TERMINATION OR SUSPENSION OF
SANCTIONS.
Before taking any action to terminate or suspend the
application of sanctions under this subtitle or an amendment
made by this subtitle, the President shall notify the
appropriate congressional committees of the President's
intent to take the action and the reasons for the action.
SEC. 7132. REPORTS ON CERTAIN LICENSING ACTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the committees specified in
paragraph (2) a report on the operation of the system for
issuing licenses for transactions under covered regulatory
provisions during the preceding 180-day period that
includes--
(A) the number and types of such licenses applied for
during that period; and
(B) the number of such licenses issued during that period
and information identifying the person receiving each such
license.
(2) Committees specified.--The committees specified in this
paragraph are the following:
(A) The Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(B) The Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate.
(b) Submission of Copies of Licenses on Request.--The
Secretary of the Treasury shall expeditiously provide a copy
of any license identified in a report required by subsection
(a)(1) to the Committee on Financial Services of the House of
Representatives and the Committee on
[[Page H9720]]
Banking, Housing, and Urban Affairs of the Senate if an
appropriate Member of Congress requests a copy of that
license not later than 30 days after submission of the
report.
(c) Form.--Each report required by subsection (a), and each
copy of a license submitted under subsection (b), shall be
submitted in unclassified form but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate member of congress.--The term ``appropriate
Member of Congress'' means--
(A) the chairman or ranking member of the Committee on
Financial Services of the House of Representatives; or
(B) the chairman or ranking member of the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Covered regulatory provision.--The term ``covered
regulatory provision'' means any of the following provisions,
as in effect on the day before the date of the enactment of
this Act and as such provisions relate to North Korea:
(A) Part 743, 744, or 746 of title 15, Code of Federal
Regulations.
(B) Part 510 of title 31, Code of Federal Regulations.
(C) Any other provision of title 31, Code of Federal
Regulations.
SEC. 7133. REPORT AND BRIEFINGS ON FINANCIAL NETWORKS AND
FINANCIAL METHODS OF THE GOVERNMENT OF NORTH
KOREA.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on sources of
external support for the Government of North Korea that
includes--
(A) a description of the methods used by the Government of
North Korea to deal in, transact in, or conceal the
ownership, control, or origin of, goods and services exported
by North Korea;
(B) an assessment of the relationship between the
proliferation of weapons of mass destruction by the
Government of North Korea and the financial industry or
financial institutions;
(C) an assessment of the relationship between the
acquisition by the Government of North Korea of military
expertise, equipment, and technology and the financial
industry or financial institutions;
(D) a description of the export by any person to the United
States of goods, services, or technology that are made with
significant amounts of North Korean labor, material, or
goods, including minerals, manufacturing, seafood, overseas
labor, or other exports from North Korea;
(E) an assessment of the involvement of any person in human
trafficking involving citizens or nationals of North Korea;
(F) a description of how the President plans to address the
flow of funds generated by activities described in
subparagraphs (A) through (E), including through the use of
sanctions or other means;
(G) an assessment of the extent to which the Government of
North Korea engages in criminal activities, including money
laundering, to support that Government;
(H) information relating to the identification, blocking,
and release of property described in section 201B(b)(1) of
the North Korea Sanctions and Policy Enhancement Act of 2016,
as added by section 7121;
(I) a description of the metrics used to measure the
effectiveness of law enforcement and diplomatic initiatives
of Federal, State, and foreign governments to comply with the
provisions of applicable United Nations Security Council
resolutions; and
(J) an assessment of the effectiveness of programs within
the financial industry to ensure compliance with United
States sanctions, applicable United Nations Security Council
resolutions, and applicable Executive orders.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Briefings.--Not later than one year after the
submission of the report required by subsection (a), and
annually thereafter until the date that is 5 years after the
date of the enactment of this Act, the President shall brief
the appropriate congressional committees on the matters
covered by the report for the one-year period preceding the
briefing.
(c) Interagency Coordination.--The President shall ensure
that any information collected pursuant to subsection (a) is
shared among the Federal departments and agencies involved in
investigations described in section 102(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9212(b)).
SEC. 7134. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO
TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF
CERTAIN ITEMS TO NORTH KOREA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2023, the Director of National Intelligence shall submit to
the President, the Secretary of Defense, the Secretary of
Commerce, the Secretary of State, the Secretary of the
Treasury, and the appropriate congressional committees a
report that identifies all countries that the Director
determines are of concern with respect to transshipment,
reexportation, or diversion of items subject to the
provisions of the Export Administration Regulations under
subchapter C of chapter VII of title 15, Code of Federal
Regulations, to an entity owned or controlled by the
Government of North Korea.
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART III--GENERAL MATTERS
SEC. 7141. RULEMAKING.
The President shall prescribe such rules and regulations as
may be necessary to carry out this subtitle and amendments
made by this subtitle.
SEC. 7142. AUTHORITY TO CONSOLIDATE REPORTS.
(a) In General.--Any and all reports required to be
submitted to the appropriate congressional committees under
this subtitle or an amendment made by this subtitle that are
subject to a deadline for submission consisting of the same
unit of time may be consolidated into a single report that is
submitted pursuant to that deadline.
(b) Contents.--Any reports consolidated under subsection
(a) shall contain all information required under this
subtitle or an amendment made by this subtitle and any other
elements that may be required by existing law.
SEC. 7143. WAIVERS, EXEMPTIONS, AND TERMINATION.
(a) Application and Modification of Exemptions From and
Waivers of North Korea Sanctions and Policy Enhancement Act
of 2016.--Section 208 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9228) is amended by
inserting ``201B, 201C,'' after ``201A,'' each place it
appears.
(b) Suspension.--
(1) In general.--Subject to section 7131, the President may
suspend the application of any provision of or amendment made
by this subtitle (other than section 7147 of this title or
section 201B(e) of the North Korea Sanctions and Policy
Enhancement Act of 2016, as added by section 7121 of this
title) with respect to an entity, individual, or transaction,
for renewable periods of not more than 180 days each if,
before such a suspension or renewal of such a suspension
takes effect, the President submits to the appropriate
congressional committees--
(A) a certification that--
(i) the Government of North Korea has--
(I) committed to the verifiable suspension of North Korea's
proliferation and testing of weapons of mass destruction,
including systems designed in whole or in part for the
delivery of such weapons; and
(II) has agreed to multilateral talks including the
Government of the United States, with the goal of permanently
and verifiably limiting North Korea's weapons of mass
destruction and ballistic missile programs; or
(ii) the suspension is vital to the national security
interests of the United States; and
(B) if the President submits a certification under
subparagraph (A)(ii), an explanation of the reasons the
suspension is vital to the national security interests of the
United States.
(2) Conforming amendment.--Section 401(a) of the North
Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9251(a)) is amended by inserting ``(other than section
104(g), 201B, or 201C)'' after ``such titles)''.
(c) Termination.--Subject to section 7131, any requirement
to impose sanctions under this subtitle or the amendments
made by this subtitle, and any sanctions imposed pursuant to
this subtitle or any such amendment, shall terminate on the
date on which the President makes the certification described
in section 402 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9252).
SEC. 7144. PROCEDURES FOR REVIEW OF CLASSIFIED AND CERTAIN
OTHER INFORMATION.
(a) In General.--If a finding under this subtitle or an
amendment made by this subtitle, a prohibition, condition, or
penalty imposed as a result of any such finding, or a penalty
imposed under this subtitle or an amendment made by this
subtitle, is based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.)), law enforcement information, or any other
information protected from disclosure by statute, and a court
reviews the finding or the imposition of the prohibition,
condition, or penalty, the Secretary of the Treasury may
submit such information to the court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of
any finding under this subtitle or an amendment made by this
subtitle, any prohibition, condition, or penalty imposed as a
result of any such finding, or any penalty imposed under this
subtitle or an amendment made by this subtitle.
SEC. 7145. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Treasury shall provide to the
appropriate congressional committees a briefing on--
(1) the resources allocated by the Department of the
Treasury to support each sanctions program administered by
the Department; and
(2) recommendations for additional authorities or resources
necessary to expand the capacity or capability of the
Department related to implementation and enforcement of such
programs.
SEC. 7146. BRIEFING ON PROLIFERATION FINANCING.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to
the appropriate congressional committees a briefing on
addressing proliferation finance.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) The Department of the Treasury's description of the
principles underlying appropriate methods for combating the
financing of the proliferation of weapons of mass
destruction.
(2) An assessment of--
(A) Federal financial regulatory agency oversight,
including by the Financial Crimes Enforcement Network, of
United States financial institutions and the adoption by
their foreign subsidiaries, branches, and correspondent
institutions of the principles described under paragraph (1);
and
(B) whether financial institutions in foreign jurisdictions
known by the United States intelligence and law enforcement
communities to be jurisdictions through which North Korea
moves
[[Page H9721]]
substantial sums of licit and illicit finance are applying a
risk-based approach to proliferation financing, and if that
approach is comparable to the approach required by United
States financial institution supervisors.
(3) A survey of the technical assistance the Office of
Technical Assistance of the Department of the Treasury and
other appropriate Executive branch offices currently provide
foreign governments on implementing counter-proliferation
financing best practices.
(4) An assessment of the ability of foreign subsidiaries,
branches, and correspondent institutions of United States
financial institutions to implement a risk-based approach to
proliferation financing.
SEC. 7147. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this subtitle or any amendment
made by this subtitle shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
Subtitle B--Financial Industry Guidance to Halt Trafficking
SEC. 7151. SHORT TITLE.
This subtitle may be cited as the ``Financial Industry
Guidance to Halt Trafficking Act'' or the ``FIGHT Act''.
SEC. 7152. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should aggressively apply, as
appropriate, existing sanctions for human trafficking
authorized under section 111 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7108);
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury should continue--
(A) to monitor reporting required under subchapter II of
chapter 53 of title 31, United States Code (commonly known as
the ``Bank Secrecy Act'') and to update advisories, as
warranted;
(B) to periodically review its advisories to provide
covered financial institutions, as appropriate, with a list
of new ``red flags'' for identifying activities of concern,
particularly human trafficking;
(C) to encourage entities covered by the advisories
described in subparagraph (B) to incorporate relevant
elements provided in the advisories into their current
transaction and account monitoring systems or in policies,
procedures, and training on human trafficking to enable
financial institutions to maintain ongoing efforts to examine
transactions and accounts;
(D) to use geographic targeting orders, as appropriate, to
impose additional reporting and recordkeeping requirements
under section 5326(a) of title 31, United States Code, to
carry out the purposes of, and prevent evasions of, the Bank
Secrecy Act; and
(E) to utilize the Bank Secrecy Act Advisory Group and
other relevant entities to identify opportunities for
nongovernmental organizations to share relevant actionable
information on human traffickers' use of the financial sector
for nefarious purposes;
(3) Federal banking regulators, the Department of the
Treasury, relevant law enforcement agencies, and the Human
Smuggling and Trafficking Center, in partnership with
representatives from the United States financial community,
should adopt regular forms of sharing information to disrupt
human trafficking, including developing protocols and
procedures to share actionable information between and among
covered institutions, law enforcement, and the United States
intelligence community;
(4) training frontline bank and money service business
employees, school teachers, law enforcement officers, foreign
service officers, counselors, and the general public is an
important factor in identifying trafficking victims;
(5) the Department of Homeland Security's Blue Campaign,
training by the BEST Employers Alliance, and similar efforts
by industry, human rights, and nongovernmental organizations
focused on human trafficking provide good examples of current
efforts to educate employees of critical sectors with respect
to how to save victims and disrupt trafficking networks;
(6) the President should intensify diplomatic efforts,
bilaterally and in appropriate international fora such as the
United Nations, to develop and implement a coordinated,
consistent, multilateral strategy for addressing the
international financial networks supporting human
trafficking; and
(7) in deliberations between the United States Government
and any foreign country, including through participation in
the Egmont Group of Financial Intelligence Units, regarding
money laundering, corruption, and transnational crimes, the
United States Government should--
(A) encourage cooperation by foreign governments and
relevant international fora in identifying the extent to
which the proceeds from human trafficking are being used to
facilitate terrorist financing, corruption, or other illicit
financial crimes;
(B) encourage cooperation by foreign governments and
relevant international fora in identifying the nexus between
human trafficking and money laundering;
(C) advance policies that promote the cooperation of
foreign governments, through information sharing, training,
or other measures, in the enforcement of this subtitle;
(D) encourage other countries to assess their human
trafficking and money laundering risks in light of updated
guidance provided by the Financial Action Task Force in 2018;
and
(E) encourage the Egmont Group of Financial Intelligence
Units to study the extent to which human trafficking
operations are being used for money laundering, terrorist
financing, or other illicit financial purposes.
SEC. 7153. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to human
trafficking;''.
(b) Interagency Coordination.--Section 312(a) of such title
is amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of human trafficking with--
``(A) other offices of the Department of the Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat Trafficking in
Persons of the Department of State; and
``(ii) the Interagency Task Force to Monitor and Combat
Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
SEC. 7154. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING
AND OTHER FINANCIAL TOOLS IN COMBATING HUMAN
TRAFFICKING.
(a) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking, with the concurrence of the
Secretary of State and the Secretary of the Treasury, shall
submit to the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, and the
Committee on the Judiciary of the Senate, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Committee on the Judiciary of the House of Representatives,
and each appropriate Federal banking agency--
(A) an analysis of anti-money laundering efforts of the
United States Government, United States financial
institutions, and international financial institutions (as
defined in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c))) related to human
trafficking; and
(B) appropriate legislative, administrative, and other
recommendations to strengthen efforts against money
laundering related to human trafficking.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) best practices based on successful anti-human
trafficking programs currently in place at domestic and
international financial institutions that are suitable for
broader adoption;
(B) feedback from stakeholders, including victims of severe
forms of trafficking in persons, advocates of persons at risk
of becoming victims of severe forms of trafficking in
persons, the United States Advisory Council on Human
Trafficking, civil society organizations, and financial
institutions on policy proposals derived from the analysis
conducted by the task force referred to in paragraph (1) that
would enhance the efforts and programs of financial
institutions to detect and deter money laundering related to
human trafficking, including any recommended changes to
internal policies, procedures, and controls related to human
trafficking;
(C) any recommended changes to training programs at
financial institutions to better equip employees to deter and
detect money laundering related to human trafficking; and
(D) any recommended changes to expand human trafficking-
related information sharing among financial institutions and
between such financial institutions, appropriate law
enforcement agencies, and appropriate Federal agencies.
(b) Additional Reporting Requirement.--Section 105(d)(7) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial Services,''
after ``the Committee on Foreign Affairs''; and
(B) by inserting ``the Committee on Banking, Housing, and
Urban Affairs,'' after ``the Committee on Foreign
Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate money
laundering related to human trafficking and the number of
investigations, arrests, indictments, and convictions in
money laundering cases with a nexus to human trafficking.''.
(c) Required Review of Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Financial Institutions Examination Council, in consultation
with the Secretary of the Treasury, victims of severe forms
of trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Trafficking, civil
society organizations, the private sector, and appropriate
law enforcement agencies, shall--
[[Page H9722]]
(1) review and enhance training and examination procedures
to improve the surveillance capabilities of anti-money
laundering programs and programs countering the financing of
terrorism to detect human trafficking-related financial
transactions;
(2) review and enhance procedures for referring potential
human trafficking cases to the appropriate law enforcement
agency; and
(3) determine, as appropriate, whether requirements for
financial institutions and covered financial institutions are
sufficient to detect and deter money laundering related to
human trafficking.
(d) Limitations.--Nothing in this section shall be
construed to--
(1) grant rulemaking authority to the Interagency Task
Force to Monitor and Combat Trafficking; or
(2) authorize financial institutions to deny services to or
violate the privacy of victims of trafficking, victims of
severe forms of trafficking, or individuals not responsible
for promoting severe forms of trafficking in persons.
SEC. 7155. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN
TRAFFICKING.
It is the sense of Congress that--
(1) adequate funding should be provided for critical
Federal efforts to combat human trafficking;
(2) the Department of the Treasury should have the
appropriate resources to vigorously investigate human
trafficking networks under section 111 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7108) and other
relevant statutes and Executive orders;
(3) the Department of the Treasury and the Department of
Justice should each have the capacity and appropriate
resources to support technical assistance to develop foreign
partners' ability to combat human trafficking through strong
national anti-money laundering programs and programs
countering the financing of terrorism;
(4) each United States Attorney's Office should be provided
appropriate funding to increase the number of personnel for
community education and outreach and investigative support
and forensic analysis related to human trafficking; and
(5) the Department of State should be provided additional
resources, as necessary, to carry out the Survivors of Human
Trafficking Empowerment Act (section 115 of Public Law 114-
22; 129 Stat. 243).
TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
Sec. 7201. Short title.
Sec. 7202. Sense of Congress.
Sec. 7203. Definitions.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
Sec. 7211. Identification of foreign opioid traffickers.
Sec. 7212. Imposition of sanctions.
Sec. 7213. Description of sanctions.
Sec. 7214. Waivers.
Sec. 7215. Procedures for judicial review of classified information.
Sec. 7216. Briefings on implementation.
Sec. 7217. Inclusion of additional material in International Narcotics
Control Strategy Report.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
Sec. 7221. Commission on combating synthetic opioid trafficking.
Subtitle C--Other Matters
Sec. 7231. Director of National Intelligence program on use of
intelligence resources in efforts to sanction foreign
opioid traffickers.
Sec. 7232. Authorization of appropriations.
Sec. 7233. Regulatory authority.
Sec. 7234. Termination.
Sec. 7235. Exception relating to importation of goods.
SEC. 7201. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 7202. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and other
financial sanctions to foreign traffickers of illicit opioids
to protect the national security, foreign policy, and economy
of the United States and the health of the people of the
United States;
(2) it is imperative that the People's Republic of China
follow through on full implementation of the new regulations,
adopted May 1, 2019, to treat all fentanyl analogues as
controlled substances under the laws of the People's Republic
of China, including by devoting sufficient resources for
implementation and strict enforcement of the new regulations;
and
(3) the effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States.
SEC. 7203. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, the Committee on
the Judiciary, the Select Committee on Intelligence, and the
majority leader and the minority leader of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Financial Services, the Committee
on Foreign Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, the Committee on Oversight and
Reform, the Permanent Select Committee on Intelligence, and
the Speaker and the minority leader of the House of
Representatives.
(3) Controlled substance; listed chemical.--The terms
``controlled substance'', ``listed chemical'', ``narcotic
drug'', and ``opioid'' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any form of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign opioid
trafficker'' means any foreign person that the President
determines plays a significant role in opioid trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign country; or
(ii) any entity not organized under the laws of the United
States or a jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid trafficking''
means any illicit activity--
(A) to produce, manufacture, distribute, sell, or knowingly
finance or transport--
(i) synthetic opioids, including controlled substances that
are synthetic opioids and listed chemicals that are synthetic
opioids; or
(ii) active pharmaceutical ingredients or chemicals that
are used in the production of controlled substances that are
synthetic opioids;
(B) to attempt to carry out an activity described in
subparagraph (A); or
(C) to assist, abet, conspire, or collude with other
persons to carry out such an activity.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent residence in
the United States;
(C) any entity organized under the laws of the United
States or any jurisdiction within the United States
(including a foreign branch of such an entity); or
(D) any person located in the United States.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 7211. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that the President
determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this subtitle; and
(C) providing an update on cooperative efforts with the
governments of Mexico, the People's Republic of China, and
other countries of concern with respect to combating foreign
opioid traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and
before the submission of the next such report, the President
determines that a foreign person not identified in the report
is a foreign opioid trafficker, the President shall submit to
the appropriate congressional committees and leadership an
additional report containing the information required by
paragraph (1) with respect to the foreign person.
(3) Exclusion.--The President shall not be required to
include in a report under paragraph (1) or (2) any persons
with respect to which the United States has imposed sanctions
before the date of the report under this subtitle or any
other provision of law with respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph (1) or
(2) shall be submitted in unclassified form but may include a
classified annex.
(B) Availability to public.--The unclassified portion of a
report required by paragraph (1) or (2) shall be made
available to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified
form--
(A) describing in detail the status of sanctions imposed
under this subtitle, including the personnel and resources
directed toward the imposition of such sanctions during the
preceding fiscal year;
(B) providing background information with respect to
persons newly identified as foreign opioid traffickers and
their illicit activities;
(C) describing actions the President intends to undertake
or has undertaken to implement this subtitle; and
(D) providing a strategy for identifying additional foreign
opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to, and in no way
delimits or restricts, the obligations of the President to
keep Congress fully and currently informed pursuant
[[Page H9723]]
to the provisions of the National Security Act of 1947 (50
U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter until the date that is 5 years after such date of
enactment, the President shall submit the reports required by
subsections (a) and (b) to the appropriate congressional
committees and leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Director
of National Intelligence determines that such disclosure
could compromise an intelligence operation, activity, source,
or method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Attorney
General, in coordination, as appropriate, with the Director
of the Federal Bureau of Investigation, the Administrator of
the Drug Enforcement Administration, the Secretary of the
Treasury, the Secretary of State, and the head of any other
appropriate Federal law enforcement agency, determines that
such disclosure could reasonably be expected--
(A) to compromise the identity of a confidential source,
including a State, local, or foreign agency or authority or
any private institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success of an ongoing
criminal investigation or prosecution;
(C) to endanger the life or physical safety of any person;
or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2),
the Director or the Attorney General, as the case may be,
shall notify the appropriate congressional committees and
leadership of the determination and the reasons for the
determination.
(4) Rule of construction.--Nothing in this section may be
construed to authorize or compel the disclosure of
information determined by the President to be law enforcement
information, classified information, national security
information, or other information the disclosure of which is
prohibited by any other provision of law.
(e) Provision of Information Required for Reports.--The
Secretary of the Treasury, the Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary
of Homeland Security, and the Director of National
Intelligence shall consult among themselves and provide to
the President and the Director of the Office of National Drug
Control Policy the appropriate and necessary information to
enable the President to submit the reports required by
subsection (a).
SEC. 7212. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions
described in section 7213 with respect to each foreign person
that is an entity, and four or more of such sanctions with
respect to each foreign person that is an individual, that--
(1) is identified as a foreign opioid trafficker in a
report submitted under section 7211(a); or
(2) the President determines is owned, controlled, directed
by, knowingly supplying or sourcing precursors for, or
knowingly acting for or on behalf of, such a foreign opioid
trafficker.
SEC. 7213. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with
respect to a foreign person under section 7212 are the
following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits
to the foreign person.
(2) Prohibitions on financial institutions.--The following
prohibitions may be imposed with respect to a foreign person
that is a financial institution:
(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the financial
institution as a primary dealer in United States Government
debt instruments.
(B) Prohibition on service as a repository of government
funds.--The financial institution may not serve as agent of
the United States Government or serve as repository for
United States Government funds.
The imposition of either sanction under subparagraph (A) or
(B) shall be treated as one sanction for purposes of section
7212, and the imposition of both such sanctions shall be
treated as 2 sanctions for purposes of that section.
(3) Procurement ban.--The United States Government may not
procure, or enter into any contract for the procurement of,
any goods or services from the foreign person.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the foreign person.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, or transporting any property that is subject to
the jurisdiction of the United States and with respect to
which the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(7) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any
United States person from investing in or purchasing
significant amounts of equity or debt instruments of the
foreign person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, the foreign person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign person, or on individuals performing
similar functions and with similar authorities as such
officer or officers, any of the sanctions described in
paragraphs (1) through (8) that are applicable.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out subsection
(a) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(c) Exceptions.--
(1) Intelligence and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.); or
(B) any authorized intelligence or law enforcement
activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (a)(8) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or
other applicable international obligations.
(d) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
SEC. 7214. WAIVERS.
(a) Waiver for State-owned Entities in Countries That
Cooperate in Multilateral Anti-trafficking Efforts.--
(1) In general.--The President may waive for a period of
not more than 12 months the application of sanctions under
this subtitle with respect to an entity that is owned or
controlled, directly or indirectly, by a foreign government
or any political subdivision, agency, or instrumentality of a
foreign government, if, not less than 15 days before the
waiver is to take effect, the President certifies to the
appropriate congressional committees and leadership that the
foreign government is closely cooperating with the United
States in efforts to prevent opioid trafficking.
(2) Certification.--The President may certify under
paragraph (1) that a foreign government is closely
cooperating with the United States in efforts to prevent
opioid trafficking if that government is--
(A) implementing domestic laws to schedule all fentanyl
analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in regulations
involving the chemical and pharmaceutical production and
export of illicit opioids.
(ii) Implementing substantial improvements in judicial
regulations to combat transnational criminal organizations
that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid
traffickers.
(iv) Increasing intelligence sharing and law enforcement
cooperation with the United States with respect to opioid
trafficking.
(3) Subsequent renewal of waiver.--The President may renew
a waiver under paragraph (1) for subsequent periods of not
more than 12 months each if, not less than 15 days before the
renewal is to take effect, the Secretary of State certifies
to the appropriate congressional committees and leadership
that the government of the country to which the waiver
applies has effectively implemented and is effectively
enforcing the measures that formed the basis for the
certification under paragraph (2).
(b) Waivers for National Security and Access to
Prescription Medications.--
(1) In general.--The President may waive the application of
sanctions under this subtitle if the President determines
that the application of such sanctions would harm--
(A) the national security interests of the United States;
or
(B) subject to paragraph (2), the access of United States
persons to prescription medications.
(2) Monitoring.--The President shall establish a monitoring
program to verify that a person that receives a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 15 days after making a
determination under paragraph
[[Page H9724]]
(1), the President shall notify the appropriate congressional
committees and leadership of the determination and the
reasons for the determination.
(c) Humanitarian Waiver.--The President may waive, for
renewable periods of 180 days, the application of the
sanctions under this subtitle if the President certifies to
the appropriate congressional committees and leadership that
the waiver is necessary for the provision of humanitarian
assistance.
SEC. 7215. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED
INFORMATION.
(a) In General.--If a finding under this subtitle, or a
prohibition, condition, or penalty imposed as a result of any
such finding, is based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act
(18 U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition, condition, or penalty, the
President may submit such information to the court ex parte
and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed--
(1) to confer or imply any right to judicial review of any
finding under this subtitle, or any prohibition, condition,
or penalty imposed as a result of any such finding; or
(2) to limit or restrict any other practice, procedure,
right, remedy, or safeguard that--
(A) relates to the protection of classified information;
and
(B) is available to the United States in connection with
any type of administrative hearing, litigation, or other
proceeding.
SEC. 7216. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter until the date that
is 5 years after such date of enactment, the President,
acting through the Secretary of State and the Director of
National Intelligence, in coordination with the Secretary of
the Treasury, shall provide to the appropriate congressional
committees and leadership a comprehensive briefing on efforts
to implement this subtitle.
SEC. 7217. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL
NARCOTICS CONTROL STRATEGY REPORT.
(a) Sense of Congress.--It is the sense of Congress that,
in order to apply economic and other financial sanctions to
foreign traffickers of illicit opioids to protect the
national security, foreign policy, and economy of the United
States--
(1) the President should instruct the Secretary of State to
intensify diplomatic efforts, both in appropriate
international fora such as the United Nations, the Group of
Seven, the Group of Twenty, and trilaterally and bilaterally
with partners of the United States, to combat foreign opioid
trafficking, including by working to establish a multilateral
sanctions regime with respect to foreign opioid trafficking;
and
(2) the Secretary of State, in consultation with the
Secretary of the Treasury, should intensify efforts to
maintain and strengthen the coalition of countries formed to
combat foreign opioid trafficking.
(b) Amendment to Foreign Assistance Act of 1961.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(a)) is amended by adding at the end the following:
``(9)(A) An assessment conducted by the Secretary of State,
in consultation with the Secretary of the Treasury and the
Director of National Intelligence, of the extent to which any
diplomatic efforts described in section 7217(a) of the
Fentanyl Sanctions Act have been successful.
``(B) Each assessment required by subparagraph (A) shall
include an identification of--
``(i) the countries the governments of which have agreed to
undertake measures to apply economic or other financial
sanctions to foreign traffickers of illicit opioids and a
description of those measures; and
``(ii) the countries the governments of which have not
agreed to measures described in clause (i), and, with respect
to those countries, other measures the Secretary of State
recommends that the United States take to apply economic and
other financial sanctions to foreign traffickers of illicit
opioids.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 7221. COMMISSION ON COMBATING SYNTHETIC OPIOID
TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission to
develop a consensus on a strategic approach to combating the
flow of synthetic opioids into the United States.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Commission on Combating
Synthetic Opioid Trafficking'' (in this section referred to
as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Director of the Office of National Drug Control
Policy.
(ii) The Administrator of the Drug Enforcement
Administration.
(iii) The Secretary of Homeland Security.
(iv) The Secretary of Defense.
(v) The Secretary of the Treasury.
(vi) The Secretary of State.
(vii) The Director of National Intelligence.
(viii) Two members appointed by the majority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(ix) Two members appointed by the minority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(x) Two members appointed by the Speaker of the House of
Representatives, one of whom shall be a Member of the House
of Representatives and one of whom shall not be.
(xi) Two members appointed by the minority leader of the
House of Representatives, one of whom shall be a Member of
the House of Representatives and one of whom shall not be.
(B)(i) The members of the Commission who are not Members of
Congress and who are appointed under clauses (viii) through
(xi) of subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(I) transnational criminal organizations conducting
synthetic opioid trafficking;
(II) the production, manufacturing, distribution, sale, or
transportation of synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic of China, Mexico, or any other
country of concern with respect to trafficking in synthetic
opioids.
(ii) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if
the individual possesses any personal or financial interest
in the discharge of any of the duties of the Commission.
(iii)(I) All members of the Commission described in clause
(i) shall possess an appropriate security clearance in
accordance with applicable provisions of law concerning the
handling of classified information.
(II) For the purpose of facilitating the activities of the
Commission, the Director of National Intelligence shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for members of the
Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-chairs,
selected from among the members of the Commission, one of
whom shall be a member of the majority party and one of whom
shall be a member of the minority party.
(B) Selection.--The individuals who serve as the co-chairs
of the Commission shall be jointly agreed upon by the
President, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various strategic
options to combat the flow of synthetic opioids from the
People's Republic of China, Mexico, and other countries of
concern with respect to trafficking in synthetic opioids.
(3) To evaluate whether the options described in paragraph
(2) are exclusive or complementary, the best means for
executing such options, and how the United States should
incorporate and implement such options within the strategic
approach described in subsection (a)(1).
(4) To review and make determinations on the difficult
choices present within such options, among them what norms-
based regimes the United States should seek to establish to
encourage the effective regulation of dangerous synthetic
opioids.
(5) To report on efforts by actors in the People's Republic
of China to subvert United States laws and to supply illicit
synthetic opioids to persons in the United States, including
up-to-date estimates of the scale of illicit synthetic
opioids flows from the People's Republic of China.
(6) To report on the deficiencies in the regulation of
pharmaceutical and chemical production of controlled
substances and export controls with respect to such
substances in the People's Republic of China and other
countries that allow opioid traffickers to subvert such
regulations and controls to traffic illicit opioids into the
United States.
(7) To report on the scale of contaminated or counterfeit
drugs originating from Mexico, the People's Republic of
China, India, and other countries of concern with respect to
the exportation of contaminated or counterfeit drugs.
(8) To report on how the United States could work more
effectively with subnational and local officials in the
People's Republic of China and other countries to combat the
illicit production of synthetic opioids.
(9) In weighing the options for defending the United States
against the dangers of trafficking in synthetic opioids, to
consider possible structures and authorities that need to be
established, revised, or augmented within the Federal
Government.
(d) Functioning of Commission.--The provisions of
subsections (c), (d), (e), (g), (h), (i), and (m) of section
1652 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232) shall apply to the
Commission to the same extent and in the same manner as such
provisions apply to the commission established under that
section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied
and administered by inserting ``and the Attorney General''
after ``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section
shall be applied and administered by substituting ``level V
of the Executive Schedule under section 5316'' for ``level IV
of the Executive Schedule under section 5315''.
(e) Treatment of Information Provided to Commission.--
(1) Information relating to national security.--
[[Page H9725]]
(A) Responsibility of director of national intelligence.--
The Director of National Intelligence shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the
Commission under this section.
(B) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (h), only the
members and designated staff of the appropriate congressional
committees and leadership, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may
designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(2) Information provided by congress.--The Commission may
obtain information from any Member, committee, or office of
Congress, including information related to the national
security of the United States, only with the consent of the
Member, committee, or office involved and only in accordance
with any applicable rules and procedures of the House of
Representatives or Senate (as the case may be) governing the
provision of such information by Members, committees, and
offices of Congress to entities in the executive branch.
(f) Reports.--The Commission shall submit to the
appropriate congressional committees and leadership--
(1) not later than 270 days after the date of the enactment
of this Act, an initial report on the activities and
recommendations of the Commission under this section; and
(2) not later than 270 days after the submission of the
initial report under paragraph (1), a final report on the
activities and recommendations of the Commission under this
section.
(g) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day
period beginning on the date on which the final report
required by subsection (f)(2) is submitted to the appropriate
congressional committees and leadership.
(2) Winding up of affairs.--The Commission may use the 120-
day period described in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(f)(2) and disseminating the report.
Subtitle C--Other Matters
SEC. 7231. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE
OF INTELLIGENCE RESOURCES IN EFFORTS TO
SANCTION FOREIGN OPIOID TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National Intelligence
shall, in consultation with the Director of the Office of
National Drug Control Policy, carry out a program to allocate
and enhance use of resources of the intelligence community,
including intelligence collection and analysis, to assist the
Secretary of the Treasury, the Secretary of State, and the
Administrator of the Drug Enforcement Administration in
efforts to identify and impose sanctions with respect to
foreign opioid traffickers under subtitle A.
(2) Focus on illicit finance.--To the extent practicable,
efforts described in paragraph (1) shall--
(A) take into account specific illicit finance risks
related to narcotics trafficking; and
(B) be developed in consultation with the Undersecretary of
the Treasury for Terrorism and Financial Crimes, appropriate
officials of the Office of Intelligence and Analysis of the
Department of the Treasury, the Director of the Financial
Crimes Enforcement Network, and appropriate Federal law
enforcement agencies.
(b) Review of Counternarcotics Efforts of the Intelligence
Community.--The Director of National Intelligence shall, in
coordination with the Director of the Office of National Drug
Control Policy, carry out a comprehensive review of the
current intelligence collection priorities of the
intelligence community for counternarcotics purposes in order
to identify whether such priorities are appropriate and
sufficient in light of the number of lives lost in the United
States each year due to use of illegal drugs.
(c) Reports.--
(1) Quarterly reports on program.--Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter, the Director of National Intelligence and
the Director of the Office of National Drug Control Policy
shall jointly submit to the appropriate congressional
committees and leadership a report on the status and
accomplishments of the program required by subsection (a)
during the 90-day period ending on the date of the report.
The first report under this paragraph shall also include a
description of the amount of funds devoted by the
intelligence community to the efforts described in subsection
(a) during each of fiscal years 2017 and 2018.
(2) Report on review.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Director of the Office
of National Drug Control Policy and other relevant agencies,
shall submit to the appropriate congressional committees and
leadership--
(A) a comprehensive description of the results of the
review required by subsection (b); and
(B) an assessment of whether--
(i) the priorities described in that subsection are
appropriate and sufficient in light of the number of lives
lost in the United States each year due to use of illegal
drugs; and
(ii) any changes to such priorities are necessary.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)).
SEC. 7232. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of the Treasury.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as
may be necessary for fiscal year 2020 to carry out operations
and activities of the Department of the Treasury solely for
purposes of carrying out this title.
(b) Commission on Combating Synthetic Opioid Trafficking.--
Of the amount authorized to be appropriated by section 1403
for fiscal year 2020 and available for Drug Interdiction and
Counter-Drug Activities, Defense-wide, as specified in the
funding table in section 4501, the Secretary of Defense may,
notwithstanding section 2215 of title 10, United States Code,
transfer $5,000,000 to the Commission on Combating Synthetic
Opioid Trafficking established under section 7221 in order to
carry out the duties of the Commission.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out operations and
activities described in such subsections.
(d) Notification Requirement.--Amounts authorized to be
appropriated by subsection (a) may not be obligated until 15
days after the date on which the President notifies the
appropriate committees of Congress of the President's
intention to obligate such funds.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, the Committee on
Oversight and Reform, and the Committee on Appropriations of
the House of Representatives.
SEC. 7233. REGULATORY AUTHORITY.
Not later than 90 days after the date of the enactment of
this Act, the President shall issue such regulations as are
necessary to carry out this title, including guidance with
respect to what activities are included under the definition
of ``opioid trafficking'' under section 7203(8).
SEC. 7234. TERMINATION.
The provisions of this title, and any sanctions imposed
pursuant to this title, shall terminate on the date that is 7
years after the date of the enactment of this Act.
SEC. 7235. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply,
or manufactured product, including inspection and test
equipment, and excluding technical data.
TITLE LXXIII--PFAS
Sec. 7301. Short title.
Sec. 7302. Definition of Administrator.
Subtitle A--Drinking Water
Sec. 7311. Monitoring and detection.
Sec. 7312. Drinking water state revolving funds.
Subtitle B--PFAS Release Disclosure
Sec. 7321. Additions to toxics release inventory.
Subtitle C--USGS Performance Standard
Sec. 7331. Definitions.
Sec. 7332. Performance standard for the detection of highly fluorinated
compounds.
Sec. 7333. Nationwide sampling.
Sec. 7334. Data usage.
Sec. 7335. Collaboration.
Subtitle D--Emerging Contaminants
Sec. 7341. Definitions.
Sec. 7342. Research and coordination plan for enhanced response on
emerging contaminants.
Subtitle E--Toxic Substances Control Act
Sec. 7351. PFAS data call.
Sec. 7352. Significant new use rule for long-chain PFAS.
Subtitle F--Other Matters
Sec. 7361. PFAS destruction and disposal guidance.
Sec. 7362. PFAS research and development.
SEC. 7301. SHORT TITLE.
This title may be cited as the ``PFAS Act of 2019''.
SEC. 7302. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
Subtitle A--Drinking Water
SEC. 7311. MONITORING AND DETECTION.
(a) Monitoring Program for Unregulated Contaminants.--
(1) In general.--The Administrator shall include each
substance described in paragraph (2) in the fifth publication
of the list of unregulated contaminants to be monitored under
section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42
U.S.C. 300j-4(a)(2)(B)(i)).
(2) Substances described.--The substances referred to in
paragraph (1) are perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances--
(A) for which a method to measure the level in drinking
water has been validated by the Administrator; and
(B) that are not subject to a national primary drinking
water regulation.
[[Page H9726]]
(3) Exception.--The perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances included in the list of unregulated contaminants
to be monitored under section 1445(a)(2)(B)(i) of the Safe
Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under
paragraph (1) shall not count towards the limit of 30
unregulated contaminants to be monitored by public water
systems under that section.
(b) Applicability.--
(1) In general.--The Administrator shall--
(A) require public water systems serving more than 10,000
persons to monitor for the substances described in subsection
(a)(2);
(B) subject to paragraph (2) and the availability of
appropriations, require public water systems serving not
fewer than 3,300 and not more than 10,000 persons to monitor
for the substances described in subsection (a)(2); and
(C) subject to paragraph (2) and the availability of
appropriations, ensure that only a representative sample of
public water systems serving fewer than 3,300 persons are
required to monitor for the substances described in
subsection (a)(2).
(2) Requirement.--If the Administrator determines that
there is not sufficient laboratory capacity to carry out the
monitoring required under subparagraphs (B) and (C) of
paragraph (1), the Administrator may waive the monitoring
requirements in those subparagraphs.
(3) Funds.--The Administrator shall pay the reasonable cost
of such testing and laboratory analysis as is necessary to
carry out the monitoring required under subparagraphs (B) and
(C) of paragraph (1) using--
(A) funds made available pursuant to subsection (a)(2)(H)
or subsection (j)(5) of section 1445 of the Safe Drinking
Water Act (42 U.S.C. 300j-4); or
(B) any other funds made available for that purpose.
SEC. 7312. DRINKING WATER STATE REVOLVING FUNDS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(G) Emerging contaminants.--
``(i) In general.--Notwithstanding any other provision of
law and subject to clause (ii), amounts deposited under
subsection (t) in a State loan fund established under this
section may only be used to provide grants for the purpose of
addressing emerging contaminants, with a focus on
perfluoroalkyl and polyfluoroalkyl substances.
``(ii) Requirements.--
``(I) Small and disadvantaged communities.--Not less than
25 percent of the amounts described in clause (i) shall be
used to provide grants to--
``(aa) disadvantaged communities (as defined in subsection
(d)(3)); or
``(bb) public water systems serving fewer than 25,000
persons.
``(II) Priorities.--In selecting the recipient of a grant
using amounts described in clause (i), a State shall use the
priorities described in subsection (b)(3)(A).
``(iii) No increased bonding authority.--The amounts
deposited in the State loan fund of a State under subsection
(t) may not be used as a source of payment of, or security
for (directly or indirectly), in whole or in part, any
obligation the interest on which is exempt from the tax
imposed under chapter 1 of the Internal Revenue Code of
1986.'';
(2) in subsection (m)(1), in the matter preceding
subparagraph (A), by striking ``this section'' and inserting
``this section, except for subsections (a)(2)(G) and (t)'';
and
(3) by adding at the end the following:
``(t) Emerging Contaminants.--
``(1) In general.--Amounts made available under this
subsection shall be allotted to a State as if allotted under
subsection (a)(1)(D) as a capitalization grant, for deposit
into the State loan fund of the State, for the purposes
described in subsection (a)(2)(G).
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $100,000,000
for each of fiscal years 2020 through 2024, to remain
available until expended.''.
Subtitle B--PFAS Release Disclosure
SEC. 7321. ADDITIONS TO TOXICS RELEASE INVENTORY.
(a) Definition of Toxics Release Inventory.--In this
section, the term ``toxics release inventory'' means the list
of toxic chemicals subject to the requirements of section
313(c) of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11023(c)).
(b) Immediate Inclusion.--
(1) In general.--Subject to subsection (e), beginning
January 1 of the calendar year following the date of
enactment of this Act, the following chemicals shall be
deemed to be included in the toxics release inventory:
(A) Perfluorooctanoic acid (commonly referred to as
``PFOA'') (Chemical Abstracts Service No. 335-67-1).
(B) The salts associated with the chemical described in
subparagraph (A) (Chemical Abstracts Service Nos. 3825-26-1,
335-95-5, and 68141-02-6).
(C) Perfluorooctane sulfonic acid (commonly referred to as
``PFOS'') (Chemical Abstracts Service No. 1763-23-1).
(D) The salts associated with the chemical described in
subparagraph (C) (Chemical Abstracts Service Nos. 2795-39-3,
29457-72-5, 56773-42-3, 29081-56-9, and 70225-14-8).
(E) A perfluoroalkyl or polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances that is--
(i) listed as an active chemical substance in the February
2019 update to the inventory under section 8(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
(ii) on the date of enactment of this Act, subject to the
provisions of--
(I) section 721.9582 of title 40, Code of Federal
Regulations; or
(II) section 721.10536 of title 40, Code of Federal
Regulations.
(F) Hexafluoropropylene oxide dimer acid (commonly referred
to as ``GenX'') (Chemical Abstracts Service No. 13252-13-6).
(G) The compound associated with the chemical described in
subparagraph (F) identified by Chemical Abstracts Service No.
62037-80-3.
(H) Perfluorononanoic acid (commonly referred to as
``PFNA'') (Chemical Abstracts Service No. 375-95-1).
(I) Perfluorohexanesulfonic acid (commonly referred to as
``PFHxS'') (Chemical Abstracts Service No. 355-46-4).
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the threshold
for reporting the chemicals described in paragraph (1) under
section 313 of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023) is 100 pounds.
(B) Revisions.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall--
(i) determine whether revision of the threshold under
subparagraph (A) is warranted for any chemical described in
paragraph (1); and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under section
313(f)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(c) Inclusion Following Assessment.--
(1) In general.--
(A) Date of inclusion.--Subject to subsection (e),
notwithstanding section 313 of the Emergency Planning and
Community Right-To-Know Act of 1986, a perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances not described in subsection (b)(1)
shall be deemed to be included in the toxics release
inventory beginning January 1 of the calendar year after any
of the following dates:
(i) Final toxicity value.--The date on which the
Administrator finalizes a toxicity value for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
(ii) Significant new use rule.--The date on which the
Administrator makes a covered determination for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
(iii) Addition to existing significant new use rule.--The
date on which the perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl substances is
added to a list of substances covered by a covered
determination.
(iv) Addition as active chemical substance.--The date on
which the perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances to
which a covered determination applies is--
(I) added to the list published under paragraph (1) of
section 8(b) of the Toxic Substances Control Act and
designated as an active chemical substance under paragraph
(5)(A) of such section; or
(II) designated as an active chemical substance on such
list under paragraph (5)(B) of such section.
(B) Covered determination.--For purposes of this paragraph,
a covered determination is a determination made, by rule,
under section 5(a)(2) of the Toxic Substances Control Act
that a use of a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl substances is a
significant new use (except such a determination made in
connection with a determination described in section
5(a)(3)(B) or section 5(a)(3)(C) of such Act).
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B),
notwithstanding subsection (f)(1) of section 313 of the
Emergency Planning and Community Right-To-Know Act of 1986
(42 U.S.C. 11023), the threshold for reporting under such
section 313 the substances and classes of substances included
in the toxics release inventory under paragraph (1) is 100
pounds.
(B) Revisions.--Not later than 5 years after the date on
which a perfluoroalkyl or polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances is included
in the toxics release inventory under paragraph (1), the
Administrator shall--
(i) determine whether revision of the threshold under
subparagraph (A) is warranted for the substance or class of
substances; and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under section
313(f)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(d) Inclusion Following Determination.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall determine
whether the substances and classes of substances described in
paragraph (2) meet any one of the criteria described in
section 313(d)(2) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for
inclusion in the toxics release inventory.
(2) Substances described.--The substances and classes of
substances referred to in paragraph (1) are perfluoroalkyl
and polyfluoroalkyl substances and classes of perfluoroalkyl
and polyfluoroalkyl substances not described in subsection
(b)(1), including--
(A) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid]
ammonium salt (Chemical Abstracts Service No. 908020-52-0);
(B) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts
Service No. 2479-75-6);
[[Page H9727]]
(C) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propionic acid (Chemical Abstracts Service
No. 2479-73-4);
(D) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid]
(Chemical Abstracts Service No. 919005-14-4);
(E) the salts associated with the chemical described in
subparagraph (D) (Chemical Abstracts Service Nos. 958445-44-
8, 1087271-46-2, and NOCAS 892452);
(F) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
tridecafluoro-potassium salt (Chemical Abstracts Service No.
59587-38-1);
(G) perfluorobutanesulfonic acid (Chemical Abstracts
Service No. 375-73-5);
(H) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-
potassium salt (Chemical Abstracts Service No. 29420-49-3);
(I) the component associated with the chemical described in
subparagraph (H) (Chemical Abstracts Service No. 45187-15-3);
(J) heptafluorobutyric acid (Chemical Abstracts Service No.
375-22-4);
(K) perfluorohexanoic acid (Chemical Abstracts Service No.
307-24-4);
(L) the compound associated with the chemical described in
subsection (b)(1)(F) identified by Chemical Abstracts Service
No. 2062-98-8;
(M) perfluoroheptanoic acid (commonly referred to as
``PFHpA'') (Chemical Abstracts Service No. 375-85-9);
(N) each perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances for
which a method to measure levels in drinking water has been
validated by the Administrator; and
(O) a perfluoroalkyl and polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances other than
the chemicals described in subparagraphs (A) through (N) that
is used to manufacture fluorinated polymers, as determined by
the Administrator.
(3) Addition to toxics release inventory.--Subject to
subsection (e), if the Administrator determines under
paragraph (1) that a substance or a class of substances
described in paragraph (2) meets any one of the criteria
described in section 313(d)(2) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)),
the Administrator shall revise the toxics release inventory
in accordance with such section 313(d) to include that
substance or class of substances not later than 2 years after
the date on which the Administrator makes the determination.
(e) Confidential Business Information.--
(1) In general.--Prior to including on the toxics release
inventory pursuant to subsection (b)(1), (c)(1), or (d)(3)
any perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances the chemical
identity of which is subject to a claim of a person of
protection from disclosure under subsection (a) of section
552 of title 5, United States Code, pursuant to subsection
(b)(4) of that section, the Administrator shall--
(A) review any such claim of protection from disclosure;
and
(B) require that person to reassert and substantiate or
resubstantiate that claim in accordance with section 14(f) of
the Toxic Substances Control Act (15 U.S.C. 2613(f)).
(2) Nondisclosure of protection information.--If the
Administrator determines that the chemical identity of a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances qualifies for
protection from disclosure pursuant to paragraph (1), the
Administrator shall include the substance or class of
substances, as applicable, on the toxics release inventory in
a manner that does not disclose the protected information.
(f) Emergency Planning and Community Right-To-Know Act of
1986.--Section 313(c) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``are those chemicals'' and inserting the
following: ``are--
``(1) the chemicals''; and
(3) by adding at the end the following:
``(2) the chemicals included on such list under subsections
(b)(1), (c)(1), and (d)(3) of section 7321 of the PFAS Act of
2019.''.
Subtitle C--USGS Performance Standard
SEC. 7331. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Highly fluorinated compound.--
(A) In general.--The term ``highly fluorinated compound''
means a perfluoroalkyl substance or a polyfluoroalkyl
substance with at least one fully fluorinated carbon atom.
(B) Definitions.--In this paragraph:
(i) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(ii) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a chemical of which all of the carbon atoms
are fully fluorinated carbon atoms.
(iii) Polyfluoroalkyl substance.--The term
``polyfluoroalkyl substance'' means a chemical containing at
least one fully fluorinated carbon atom and at least one
carbon atom that is not a fully fluorinated carbon atom.
SEC. 7332. PERFORMANCE STANDARD FOR THE DETECTION OF HIGHLY
FLUORINATED COMPOUNDS.
(a) In General.--The Director, in consultation with the
Administrator, shall establish a performance standard for the
detection of highly fluorinated compounds.
(b) Emphasis.--
(1) In general.--In developing the performance standard
under subsection (a), the Director shall emphasize the
ability to detect as many highly fluorinated compounds
present in the environment as possible using validated
analytical methods that--
(A) achieve limits of quantitation (as defined in the
document of the United States Geological Survey entitled
``Analytical Methods for Chemical Analysis of Geologic and
Other Materials, U.S. Geological Survey'' and dated 2002);
and
(B) are as sensitive as is feasible and practicable.
(2) Requirement.--In developing the performance standard
under subsection (a), the Director may--
(A) develop quality assurance and quality control measures
to ensure accurate sampling and testing;
(B) develop a training program with respect to the
appropriate method of sample collection and analysis of
highly fluorinated compounds; and
(C) coordinate as necessary with the Administrator,
including, if appropriate, to develop methods to detect
individual and different highly fluorinated compounds
simultaneously.
SEC. 7333. NATIONWIDE SAMPLING.
(a) In General.--The Director shall carry out a nationwide
sampling to determine the concentration of highly fluorinated
compounds in estuaries, lakes, streams, springs, wells,
wetlands, rivers, aquifers, and soil using the performance
standard developed under section 7332(a).
(b) Requirements.--In carrying out the sampling under
subsection (a), the Director shall--
(1) first carry out the sampling at sources of drinking
water near locations with known or suspected releases of
highly fluorinated compounds;
(2) when carrying out sampling of sources of drinking water
under paragraph (1), carry out the sampling prior to and, at
the request of the Administrator, after any treatment of the
water;
(3) survey for ecological exposure to highly fluorinated
compounds, with a priority in determining direct human
exposure through drinking water; and
(4) consult with--
(A) States to determine areas that are a priority for
sampling; and
(B) the Administrator--
(i) to enhance coverage of the sampling; and
(ii) to avoid unnecessary duplication.
(c) Report.--Not later than 120 days after the completion
of the sampling under subsection (a), the Director shall
prepare a report describing the results of the sampling and
submit the report to--
(1) the Committee on Environment and Public Works and the
Committee on Energy and Natural Resources of the Senate;
(2) the Committee on Energy and Commerce and the Committee
on Natural Resources of the House of Representatives;
(3) the Senators of each State in which the Director
carried out the sampling; and
(4) each Member of the House of Representatives who
represents a district in which the Director carried out the
sampling.
SEC. 7334. DATA USAGE.
(a) In General.--The Director shall provide the sampling
data collected under section 7333 to--
(1) the Administrator; and
(2) other Federal and State regulatory agencies on request.
(b) Usage.--The sampling data provided under subsection (a)
shall be used to inform and enhance assessments of exposure,
likely health and environmental impacts, and remediation
priorities.
SEC. 7335. COLLABORATION.
In carrying out this subtitle, the Director shall
collaborate with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
(3) research institutions; and
(4) other expert stakeholders.
Subtitle D--Emerging Contaminants
SEC. 7341. DEFINITIONS.
In this subtitle:
(1) Contaminant.--The term ``contaminant'' means any
physical, chemical, biological, or radiological substance or
matter in water.
(2) Contaminant of emerging concern; emerging
contaminant.--The terms ``contaminant of emerging concern''
and ``emerging contaminant'' mean a contaminant--
(A) for which the Administrator has not promulgated a
national primary drinking water regulation; and
(B) that may have an adverse effect on the health of
individuals.
(3) Federal research strategy.--The term ``Federal research
strategy'' means the coordinated cross-agency plan for
addressing critical research gaps related to detecting,
assessing exposure to, and identifying the adverse health
effects of emerging contaminants in drinking water developed
by the Office of Science and Technology Policy in response to
the report of the Committee on Appropriations of the Senate
accompanying S. 1662 of the 115th Congress (S. Rept. 115-
139).
(4) Technical assistance and support.--The term ``technical
assistance and support'' includes--
(A) assistance with--
(i) identifying appropriate analytical methods for the
detection of contaminants;
(ii) understanding the strengths and limitations of the
analytical methods described in clause (i);
(iii) troubleshooting the analytical methods described in
clause (i);
(B) providing advice on laboratory certification program
elements;
(C) interpreting sample analysis results;
(D) providing training with respect to proper analytical
techniques;
(E) identifying appropriate technology for the treatment of
contaminants; and
[[Page H9728]]
(F) analyzing samples, if--
(i) the analysis cannot be otherwise obtained in a
practicable manner otherwise; and
(ii) the capability and capacity to perform the analysis is
available at a Federal facility.
(5) Working group.--The term ``Working Group'' means the
Working Group established under section 7342(b)(1).
SEC. 7342. RESEARCH AND COORDINATION PLAN FOR ENHANCED
RESPONSE ON EMERGING CONTAMINANTS.
(a) In General.--The Administrator shall--
(1) review Federal efforts--
(A) to identify, monitor, and assist in the development of
treatment methods for emerging contaminants; and
(B) to assist States in responding to the human health
risks posed by contaminants of emerging concern; and
(2) in collaboration with owners and operators of public
water systems, States, and other interested stakeholders,
establish a strategic plan for improving the Federal efforts
referred to in paragraph (1).
(b) Interagency Working Group on Emerging Contaminants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator and the Secretary of
Health and Human Services shall jointly establish a Working
Group to coordinate the activities of the Federal Government
to identify and analyze the public health effects of drinking
water contaminants of emerging concern.
(2) Membership.--The Working Group shall include
representatives of the following:
(A) The Environmental Protection Agency, appointed by the
Administrator.
(B) The following agencies, appointed by the Secretary of
Health and Human Services:
(i) The National Institutes of Health.
(ii) The Centers for Disease Control and Prevention.
(iii) The Agency for Toxic Substances and Disease Registry.
(C) The United States Geological Survey, appointed by the
Secretary of the Interior.
(D) Any other Federal agency the assistance of which the
Administrator determines to be necessary to carry out this
subsection, appointed by the head of the respective agency.
(3) Existing working group.--The Administrator may expand
or modify the duties of an existing working group to perform
the duties of the Working Group under this subsection.
(c) National Emerging Contaminant Research Initiative.--
(1) Federal research strategy.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy (referred to in this subsection as the
``Director'') shall coordinate with the heads of the agencies
described in subparagraph (C) to establish a research
initiative, to be known as the ``National Emerging
Contaminant Research Initiative'', that shall--
(i) use the Federal research strategy to improve the
identification, analysis, monitoring, and treatment methods
of contaminants of emerging concern; and
(ii) develop any necessary program, policy, or budget to
support the implementation of the Federal research strategy,
including mechanisms for joint agency review of research
proposals, for interagency cofunding of research activities,
and for information sharing across agencies.
(B) Research on emerging contaminants.--In carrying out
subparagraph (A), the Director shall--
(i) take into consideration consensus conclusions from
peer-reviewed, pertinent research on emerging contaminants;
and
(ii) in consultation with the Administrator, identify
priority emerging contaminants for research emphasis.
(C) Federal participation.--The agencies referred to in
subparagraph (A) include--
(i) the National Science Foundation;
(ii) the National Institutes of Health;
(iii) the Environmental Protection Agency;
(iv) the National Institute of Standards and Technology;
(v) the United States Geological Survey; and
(vi) any other Federal agency that contributes to research
in water quality, environmental exposures, and public health,
as determined by the Director.
(D) Participation from additional entities.--In carrying
out subparagraph (A), the Director shall consult with
nongovernmental organizations, State and local governments,
and science and research institutions determined by the
Director to have scientific or material interest in the
National Emerging Contaminant Research Initiative.
(2) Implementation of research recommendations.--
(A) In general.--Not later than 1 year after the date on
which the Director and heads of the agencies described in
paragraph (1)(C) establish the National Emerging Contaminant
Research Initiative under paragraph (1)(A), the head of each
agency described in paragraph (1)(C) shall--
(i) issue a solicitation for research proposals consistent
with the Federal research strategy and that agency's mission;
and
(ii) make grants to applicants that submit research
proposals consistent with the Federal research strategy and
in accordance with subparagraph (B).
(B) Selection of research proposals.--The head of each
agency described in paragraph (1)(C) shall select research
proposals to receive grants under this paragraph on the basis
of merit, using criteria identified by the head of each such
agency, including the likelihood that the proposed research
will result in significant progress toward achieving the
objectives identified in the Federal research strategy.
(C) Eligible entities.--Any entity or group of 2 or more
entities may submit to the head of each agency described in
paragraph (1)(C) a research proposal in response to the
solicitation for research proposals described in subparagraph
(A)(i), including, consistent with that agency's grant
policies--
(i) State and local agencies;
(ii) public institutions, including public institutions of
higher education;
(iii) private corporations; and
(iv) nonprofit organizations.
(d) Federal Technical Assistance and Support for States.--
(1) Study.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall conduct a
study on actions the Administrator can take to increase
technical assistance and support for States with respect to
emerging contaminants in drinking water samples.
(B) Contents of study.--In carrying out the study described
in subparagraph (A), the Administrator shall identify--
(i) methods and effective treatment options to increase
technical assistance and support with respect to emerging
contaminants to States, including identifying opportunities
for States to improve communication with various audiences
about the risks associated with emerging contaminants;
(ii) means to facilitate access to qualified contract
testing laboratory facilities that conduct analyses for
emerging contaminants; and
(iii) actions to be carried out at existing Federal
laboratory facilities, including the research facilities of
the Administrator, to provide technical assistance and
support for States that require testing facilities for
emerging contaminants.
(C) Availability of analytical resources.--In carrying out
the study described in subparagraph (A), the Administrator
shall consider--
(i) the availability of--
(I) Federal and non-Federal laboratory capacity; and
(II) validated methods to detect and analyze contaminants;
and
(ii) other factors determined to be appropriate by the
Administrator.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study
described in paragraph (1).
(3) Program to provide federal assistance to states.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, based on the findings in the report
described in paragraph (2), the Administrator shall develop a
program to provide technical assistance and support to
eligible States for the testing and analysis of emerging
contaminants.
(B) Application.--
(i) In general.--To be eligible for technical assistance
and support under this paragraph, a State shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
(ii) Criteria.--The Administrator shall evaluate an
application for technical assistance and support under this
paragraph on the basis of merit using criteria identified by
the Administrator, including--
(I) the laboratory facilities available to the State;
(II) the availability and applicability of existing
analytical methodologies;
(III) the potency and severity of the emerging contaminant,
if known; and
(IV) the prevalence and magnitude of the emerging
contaminant.
(iii) Prioritization.--In selecting States to receive
technical assistance and support under this paragraph, the
Administrator--
(I) shall give priority to States with affected areas
primarily in financially distressed communities;
(II) may--
(aa) waive the application process in an emergency
situation; and
(bb) require an abbreviated application process for the
continuation of work specified in a previously approved
application that continues to meet the criteria described in
clause (ii); and
(III) shall consider the relative expertise and
availability of--
(aa) Federal and non-Federal laboratory capacity available
to the State;
(bb) analytical resources available to the State; and
(cc) other types of technical assistance available to the
State.
(C) Database of available resources.--The Administrator
shall establish and maintain a database of resources
available through the program developed under subparagraph
(A) to assist States with testing for emerging contaminants
that--
(i) is--
(I) available to States and stakeholder groups determined
by the Administrator to have scientific or material interest
in emerging contaminants, including--
(aa) drinking water and wastewater utilities;
(bb) laboratories;
(cc) Federal and State emergency responders;
(dd) State primacy agencies;
(ee) public health agencies; and
(ff) water associations;
(II) searchable; and
(III) accessible through the website of the Administrator;
and
(ii) includes a description of--
(I) qualified contract testing laboratory facilities that
conduct analyses for emerging contaminants; and
(II) the resources available in Federal laboratory
facilities to test for emerging contaminants.
[[Page H9729]]
(D) Water contaminant information tool.--The Administrator
shall integrate the database established under subparagraph
(C) into the Water Contaminant Information Tool of the
Environmental Protection Agency.
(4) Funding.--Of the amounts available to the
Administrator, the Administrator may use not more than
$15,000,000 in a fiscal year to carry out this subsection.
(e) Report.--Not less frequently than once every 2 years
until 2029, the Administrator shall submit to Congress a
report that describes the progress made in carrying out this
subtitle.
(f) Effect.--Nothing in this section modifies any
obligation of a State, local government, or Indian Tribe with
respect to treatment methods for, or testing or monitoring
of, drinking water.
Subtitle E--Toxic Substances Control Act
SEC. 7351. PFAS DATA CALL.
Section 8(a) of the Toxic Substances Control Act (15 U.S.C.
2607(a)) is amended by adding at the end the following:
``(7) PFAS data.--Not later than January 1, 2023, the
Administrator shall promulgate a rule in accordance with this
subsection requiring each person who has manufactured a
chemical substance that is a perfluoroalkyl or
polyfluoroalkyl substance in any year since January 1, 2011,
to submit to the Administrator a report that includes, for
each year since January 1, 2011, the information described in
subparagraphs (A) through (G) of paragraph (2).''.
SEC. 7352. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.
Not later than June 22, 2020, the Administrator shall take
final action on the proposed rule entitled ``Long-Chain
Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate
Chemical Substances; Significant New Use Rule'' (80 Fed. Reg.
2885 (January 21, 2015)).
Subtitle F--Other Matters
SEC. 7361. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall publish
interim guidance on the destruction and disposal of
perfluoroalkyl and polyfluoroalkyl substances and materials
containing perfluoroalkyl and polyfluoroalkyl substances,
including--
(1) aqueous film-forming foam;
(2) soil and biosolids;
(3) textiles, other than consumer goods, treated with
perfluoroalkyl and polyfluoroalkyl substances;
(4) spent filters, membranes, resins, granular carbon, and
other waste from water treatment;
(5) landfill leachate containing perfluoroalkyl and
polyfluoroalkyl substances; and
(6) solid, liquid, or gas waste streams containing
perfluoroalkyl and polyfluoroalkyl substances from facilities
manufacturing or using perfluoroalkyl and polyfluoroalkyl
substances.
(b) Considerations; Inclusions.--The interim guidance under
subsection (a) shall--
(1) take into consideration--
(A) the potential for releases of perfluoroalkyl and
polyfluoroalkyl substances during destruction or disposal,
including through volatilization, air dispersion, or
leachate; and
(B) potentially vulnerable populations living near likely
destruction or disposal sites; and
(2) provide guidance on testing and monitoring air,
effluent, and soil near potential destruction or disposal
sites for releases described in paragraph (1)(A).
(c) Revisions.--The Administrator shall publish revisions
to the interim guidance under subsection (a) as the
Administrator determines to be appropriate, but not less
frequently than once every 3 years.
SEC. 7362. PFAS RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, acting through the
Assistant Administrator for the Office of Research and
Development, shall--
(1)(A) further examine the effects of perfluoroalkyl and
polyfluoroalkyl substances on human health and the
environment; and
(B) make publicly available information relating to the
findings under subparagraph (A);
(2) develop a process for prioritizing which perfluoroalkyl
and polyfluoroalkyl substances, or classes of perfluoroalkyl
and polyfluoroalkyl substances, should be subject to
additional research efforts that is based on--
(A) the potential for human exposure to the substances or
classes of substances;
(B) the potential toxicity of the substances or classes of
substances; and
(C) information available about the substances or classes
of substances;
(3) develop new tools to characterize and identify
perfluoroalkyl and polyfluoroalkyl substances in the
environment, including in drinking water, wastewater, surface
water, groundwater, solids, and the air;
(4) evaluate approaches for the remediation of
contamination by perfluoroalkyl and polyfluoroalkyl
substances in the environment; and
(5) develop and implement new tools and materials to
communicate with the public about perfluoroalkyl and
polyfluoroalkyl substances.
(b) Funding.--There is authorized to be appropriated to the
Administrator to carry out this section $15,000,000 for each
of fiscal years 2020 through 2024.
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 7401. Short title.
Sec. 7402. Statement of policy.
Subtitle A--Additional Actions in Connection With the National
Emergency With Respect to Syria
Sec. 7411. Measures with respect to Central Bank of Syria.
Sec. 7412. Sanctions with respect to foreign persons that engage in
certain transactions.
Sec. 7413. Strategy relating to areas of Syria in which civilians are
subject to forced displacement.
Subtitle B--Assistance for the People of Syria
Sec. 7421. Sense of Congress.
Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance
programs in Syria and to the Syrian people.
Sec. 7423. Assessment of potential methods to enhance the protection of
civilians.
Sec. 7424. Assistance to support entities taking actions relating to
gathering evidence for investigations into war crimes or
crimes against humanity in Syria since March 2011.
Sec. 7425. Codification of certain services in support of
nongovernmental organizations' activities authorized.
Sec. 7426. Briefing on strategy to facilitate humanitarian assistance.
Subtitle C--General Provisions
Sec. 7431. Suspension of sanctions.
Sec. 7432. Waivers and exemptions.
Sec. 7433. Implementation and regulatory authorities.
Sec. 7434. Exception relating to importation of goods.
Sec. 7435. Cost limitation.
Sec. 7436. Rule of construction.
Sec. 7437. Prohibition on construction of provisions of this title as
an authorization for use of military force.
Sec. 7438. Sunset.
SEC. 7401. SHORT TITLE.
This title may be cited as the ``Caesar Syria Civilian
Protection Act of 2019''.
SEC. 7402. STATEMENT OF POLICY.
It is the policy of the United States that diplomatic and
coercive economic means should be utilized to compel the
government of Bashar al-Assad to halt its murderous attacks
on the Syrian people and to support a transition to a
government in Syria that respects the rule of law, human
rights, and peaceful co-existence with its neighbors.
Subtitle A--Additional Actions in Connection With the National
Emergency With Respect to Syria
SEC. 7411. MEASURES WITH RESPECT TO CENTRAL BANK OF SYRIA.
(a) Determination Regarding Central Bank of Syria.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury shall determine, under
section 5318A of title 31, United States Code, whether
reasonable grounds exist for concluding that the Central Bank
of Syria is a financial institution of primary money
laundering concern.
(b) Enhanced Due Diligence and Reporting Requirements.--If
the Secretary of the Treasury determines under subsection (a)
that reasonable grounds exist for concluding that the Central
Bank of Syria is a financial institution of primary money
laundering concern, the Secretary, in consultation with the
Federal functional regulators (as defined in section 509 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6809)), shall impose
one or more of the special measures described in section
5318A(b) of title 31, United States Code, with respect to the
Central Bank of Syria.
(c) Report Required.--
(1) In general.--Not later than 90 days after making a
determination under subsection (a) with respect to whether
the Central Bank of Syria is a financial institution of
primary money laundering concern, the Secretary of the
Treasury shall submit to the appropriate congressional
committees a report that includes the reasons for the
determination.
(2) Form.--A report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 7412. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
ENGAGE IN CERTAIN TRANSACTIONS.
(a) Imposition of Sanctions.--
(1) In general.--On and after the date that is 180 days
after the date of the enactment of this Act, the President
shall impose the sanctions described in subsection (b) with
respect to a foreign person if the President determines that
the foreign person, on or after such date of enactment,
knowingly engages in an activity described in paragraph (2).
(2) Activities described.--A foreign person engages in an
activity described in this paragraph if the foreign person--
(A) knowingly provides significant financial, material, or
technological support to, or knowingly engages in a
significant transaction with--
(i) the Government of Syria (including any entity owned or
controlled by the Government of Syria) or a senior political
figure of the Government of Syria;
(ii) a foreign person that is a military contractor,
mercenary, or a paramilitary force knowingly operating in a
military capacity inside Syria for or on behalf of the
Government of Syria, the Government of the Russian
Federation, or the Government of Iran; or
(iii) a foreign person subject to sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) with respect to Syria or any other provision of law
that imposes sanctions with respect to Syria;
(B) knowingly sells or provides significant goods,
services, technology, information, or other support that
significantly facilitates the
[[Page H9730]]
maintenance or expansion of the Government of Syria's
domestic production of natural gas, petroleum, or petroleum
products;
(C) knowingly sells or provides aircraft or spare aircraft
parts that are used for military purposes in Syria for or on
behalf of the Government of Syria to any foreign person
operating in an area directly or indirectly controlled by the
Government of Syria or foreign forces associated with the
Government of Syria;
(D) knowingly provides significant goods or services
associated with the operation of aircraft that are used for
military purposes in Syria for or on behalf of the Government
of Syria to any foreign person operating in an area described
in subparagraph (C); or
(E) knowingly, directly or indirectly, provides significant
construction or engineering services to the Government of
Syria.
(3) Sense of congress.--It is the sense of Congress that,
in implementing this section, the President should consider
financial support under paragraph (2)(A) to include the
provision of loans, credits, or export credits.
(b) Sanctions Described.--
(1) In general.--The sanctions to be imposed with respect
to a foreign person described in subsection (a) are the
following:
(A) Blocking of property.--The President shall exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(B) Ineligibility for visas, admission, or parole.--
(i) Visas, admission, or parole.--An alien described in
subsection (a) is--
(I) inadmissible to the United States;
(II) ineligible to receive a visa or other documentation to
enter the United States; and
(III) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien described in subsection (a) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(II) Immediate effect.--A revocation under subclause (I)
shall--
(aa) take effect immediately; and
(bb) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations promulgated under section
7433(b) to carry out paragraph (1)(A) to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(3) Exceptions.--Sanctions under paragraph (1)(B) shall not
apply with respect to an alien if admitting or paroling the
alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
SEC. 7413. STRATEGY RELATING TO AREAS OF SYRIA IN WHICH
CIVILIANS ARE SUBJECT TO FORCED DISPLACEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall--
(1) identify the areas described in subsection (b); and
(2) submit to the appropriate congressional committees the
strategy described in subsection (c).
(b) Areas Described.--The areas described in this
subsection are areas in Syria that the President determines--
(1) are under the control of--
(A) the Government of Syria;
(B) the Government of the Russian Federation;
(C) the Government of Iran; or
(D) a foreign person described in section
7412(a)(2)(A)(ii); and
(2) are areas in which civilians have been subject to
forced displacement by--
(A) a government specified in subparagraph (A), (B), or (C)
of paragraph (1); or
(B) a foreign person described in section
7412(a)(2)(A)(ii).
(c) Strategy Described.--The strategy described in this
subsection is a strategy to deter foreign persons from
entering into contracts related to reconstruction in the
areas described in subsection (b) for or on behalf of--
(1) a government specified in subparagraph (A), (B), or (C)
of subsection (b)(1); or
(2) a foreign person described in section
7412(a)(2)(A)(ii).
(d) Form.--The strategy required by subsection (a)(2) shall
be submitted in unclassified form but may include a
classified annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
Subtitle B--Assistance for the People of Syria
SEC. 7421. SENSE OF CONGRESS.
It is the sense of Congress that it is in the interests of
the United States to continue to provide assistance to the
people of Syria in order to promote peace, stability, and
development, including through multilateral organizations.
SEC. 7422. BRIEFING ON MONITORING AND EVALUATING OF ONGOING
ASSISTANCE PROGRAMS IN SYRIA AND TO THE SYRIAN
PEOPLE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall brief the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the Senate on the monitoring and evaluation of
ongoing assistance programs in Syria and for the Syrian
people, including assistance provided through multilateral
organizations.
(b) Matters To Be Included.--The briefing required by
subsection (a) shall include a description of--
(1) the specific project monitoring and evaluation efforts,
including measurable goals and performance metrics for
assistance in Syria;
(2) the memoranda of understanding entered into by the
Department of State, the United States Agency for
International Development, and their respective Inspectors
General, and the multilateral organizations through which
United States assistance will be delivered that formalize
requirements for the sharing of information between such
entities for the conduct of audits, investigations, and
evaluations; and
(3) the major challenges to monitoring and evaluating
programs described in subsection (a).
SEC. 7423. ASSESSMENT OF POTENTIAL METHODS TO ENHANCE THE
PROTECTION OF CIVILIANS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall brief the
appropriate congressional committees on the potential
effectiveness, risks, and operational requirements of
military and non-military means to enhance the protection of
civilians inside Syria, especially civilians who are in
besieged areas, trapped at borders, or internally displaced.
(b) Consultation.--The briefing required by subsection (a)
shall be informed by consultations with the Department of
State, the United States Agency for International
Development, the Department of Defense, and international and
local humanitarian aid organizations operating in Syria.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 7424. ASSISTANCE TO SUPPORT ENTITIES TAKING ACTIONS
RELATING TO GATHERING EVIDENCE FOR
INVESTIGATIONS INTO WAR CRIMES OR CRIMES
AGAINST HUMANITY IN SYRIA SINCE MARCH 2011.
(a) In General.--Except as provided in subsection (b), the
Secretary of State, after consultation with the Attorney
General and the heads of other appropriate Federal agencies,
is authorized, consistent with the national interest, to
provide assistance to support entities that are conducting
criminal investigations, supporting prosecutions, or
collecting evidence and preserving the chain of custody for
such evidence for eventual prosecution, against those who
have committed war crimes or crimes against humanity in
Syria, including the aiding and abetting of such crimes by
foreign governments and organizations supporting the
Government of Syria, since March 2011.
(b) Limitation.--No assistance may be provided under
subsection (a) while President Bashar al-Assad remains in
power--
(1) to build the investigative or judicial capacities of
the Government of Syria; or
(2) to support prosecutions in the domestic courts in
Syria.
(c) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall brief
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate on assistance provided under subsection (a).
SEC. 7425. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF
NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES
AUTHORIZED.
(a) In General.--Except as provided in subsection (b),
section 542.516 of title 31, Code of Federal Regulations
(relating to certain services in support of nongovernmental
organizations' activities authorized), as in effect on the
day before the date of the enactment of this Act, shall--
(1) remain in effect on and after such date of enactment;
and
(2) in the case of a nongovernmental organization that is
authorized to export or reexport services to Syria under such
section on the day before such date of enactment, apply to
such organization on and after such date of enactment to the
same extent and in the same manner as such section applied to
such organization on the day before such date of enactment.
(b) Exception.--
(1) In general.--Section 542.516 of title 31, Code of
Federal Regulations, as codified under subsection (a), shall
not apply with respect to a foreign person that has been
designated as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189),
or otherwise designated as a terrorist organization, by the
Secretary of State, in consultation with or upon the request
of the Attorney General or the Secretary of Homeland
Security.
[[Page H9731]]
(2) Effective date.--Paragraph (1) shall apply with respect
to a foreign person on and after the date on which the
designation of that person as a terrorist organization is
published in the Federal Register.
SEC. 7426. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN
ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall brief the
appropriate congressional committees on the strategy of the
President to help facilitate the ability of humanitarian
organizations to access financial services to help facilitate
the safe and timely delivery of assistance to communities in
need in Syria.
(b) Consideration of Data From Other Countries and
Nongovernmental Organizations.--In preparing the strategy
required by subsection (a), the President shall consider
credible data already obtained by other countries and
nongovernmental organizations, including organizations
operating in Syria.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
Subtitle C--General Provisions
SEC. 7431. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under
this Act or the imposition of sanctions required by any
amendment made by this title for renewable periods not to
exceed 180 days if the President determines that the
following criteria have been met in Syria:
(1) The air space over Syria is no longer being utilized by
the Government of Syria or the Government of the Russian
Federation to target civilian populations through the use of
incendiary devices, including barrel bombs, chemical weapons,
and conventional arms (including air-delivered missiles and
explosives).
(2) Areas besieged by the Government of Syria, the
Government of the Russian Federation, the Government of Iran,
or a foreign person described in section 7412(a)(2)(A)(ii)
are no longer cut off from international aid and have regular
access to humanitarian assistance, freedom of travel, and
medical care.
(3) The Government of Syria is releasing all political
prisoners forcibly held within the prison system of the
regime of Bashar al-Assad and the Government of Syria is
allowing full access to prison system facilities for
investigations by appropriate international human rights
organizations.
(4) The forces of the Government of Syria, the Government
of the Russian Federation, the Government of Iran, and any
foreign person described in section 7412(a)(2)(A)(ii) are no
longer engaged in deliberate targeting of medical facilities,
schools, residential areas, and community gathering places,
including markets, in violation of international norms.
(5) The Government of Syria is--
(A) taking steps to verifiably fulfill its commitments
under the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
their Destruction, done at Geneva September 3, 1992, and
entered into force April 29, 1997 (commonly known as the
``Chemical Weapons Convention''), and the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington, London,
and Moscow July 1, 1968, and entered into force March 5, 1970
(21 UST 483); and
(B) making tangible progress toward becoming a signatory to
the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological)
and Toxin Weapons and on their Destruction, done at
Washington, London, and Moscow April 10, 1972, and entered
into force March 26, 1975 (26 UST 583).
(6) The Government of Syria is permitting the safe,
voluntary, and dignified return of Syrians displaced by the
conflict.
(7) The Government of Syria is taking verifiable steps to
establish meaningful accountability for perpetrators of war
crimes in Syria and justice for victims of war crimes
committed by the Assad regime, including through
participation in a credible and independent truth and
reconciliation process.
(b) Briefing Required.--Not later than 30 days after the
President makes a determination described in subsection (a),
the President shall provide a briefing to the appropriate
congressional committees on the determination and the
suspension of sanctions pursuant to the determination.
(c) Reimposition of Sanctions.--Any sanctions suspended
under subsection (a) shall be reimposed if the President
determines that the criteria described in that subsection are
no longer being met.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President to
terminate the application of sanctions under section 7412
with respect to a person that no longer engages in activities
described in subsection (a)(2) of that section.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives;
and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
SEC. 7432. WAIVERS AND EXEMPTIONS.
(a) Exemptions.--The following activities and transactions
shall be exempt from sanctions authorized under this title or
any amendment made by this title:
(1) Any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.), or to any authorized intelligence activities
of the United States.
(2) Any transaction necessary to comply with United States
obligations under--
(A) the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, between the United Nations and
the United States;
(B) the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967; or
(C) any other international agreement to which the United
States is a party.
(b) Waiver.--
(1) In general.--The President may, for renewable periods
not to exceed 180 days, waive the application of any
provision of this title (other than section 7434) with
respect to a foreign person if the President certifies to the
appropriate congressional committees that such a waiver is in
the national security interests of the United States.
(2) Briefing.--Not later than 90 days after the issuance of
a waiver under paragraph (1), and every 180 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the reasons for
the waiver.
(c) Humanitarian Waiver.--
(1) In general.--The President may waive, for renewable
periods not to exceed 2 years, the application of any
provision of this title (other than section 7434) with
respect to a nongovernmental organization providing
humanitarian assistance not covered by the authorization
described in section 7425 if the President certifies to the
appropriate congressional committees that such a waiver is
important to address a humanitarian need and is consistent
with the national security interests of the United States.
(2) Briefing.--Not later than 90 days after the issuance of
a waiver under paragraph (1), and every 180 days thereafter
while the waiver remains in effect, the President shall brief
the appropriate congressional committees on the reasons for
the waiver.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives;
and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
SEC. 7433. IMPLEMENTATION AND REGULATORY AUTHORITIES.
(a) Implementation Authority.--The President may exercise
all authorities provided to the President under sections 203
and 205 of the International Emergency Economic Powers Act
(50 U.S.C. 1702 and 1704) for purposes of carrying out this
title and the amendments made by this title.
(b) Regulatory Authority.--The President shall, not later
than 180 days after the date of the enactment of this Act,
promulgate regulations as necessary for the implementation of
this title and the amendments made by this title.
SEC. 7434. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this title or the amendments made
by this title shall not include the authority or a
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 7435. COST LIMITATION.
No additional funds are authorized to be appropriated to
carry out the requirements of this title and the amendments
made by this title. Such requirements shall be carried out
using amounts otherwise authorized to be appropriated.
SEC. 7436. RULE OF CONSTRUCTION.
Except for section 7434 with respect to the importation of
goods, nothing in this title shall be construed to limit the
authority of the President pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any
other provision of law.
SEC. 7437. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS
TITLE AS AN AUTHORIZATION FOR USE OF MILITARY
FORCE.
Nothing in this title may be construed as an authorization
for use of military force.
SEC. 7438. SUNSET.
This title shall cease to be effective on the date that is
5 years after the date of the enactment of this Act.
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY
Sec. 7501. Short title.
Sec. 7502. Sense of Congress.
Sec. 7503. Imposition of sanctions with respect to provision of certain
vessels for the construction of certain Russian energy
export pipelines.
SEC. 7501. SHORT TITLE.
This title may be cited as the ``Protecting Europe's Energy
Security Act of 2019''.
SEC. 7502. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States and Europe share a common history, a
common identity, and common values built upon the principles
of democracy, rule of law, and individual freedoms;
[[Page H9732]]
(2) the United States has encouraged and admired the
European project, which has resulted in a common market and
common policies, has achieved unprecedented prosperity and
stability on the continent, and serves as a model for other
countries to reform their institutions and prioritize
anticorruption measures;
(3) the relationships between the United States and Europe
and the United States and Germany are critical to the
national security interests of the United States as well as
to global prosperity and peace, and Germany in particular is
a crucial partner for the United States in multilateral
efforts aimed at promoting global prosperity and peace;
(4) the United States should stand against any effort
designed to weaken those relationships; and
(5) Germany has demonstrated leadership within the European
Union and in international fora to ensure that sanctions
imposed with respect to the Russian Federation for its malign
activities are maintained.
SEC. 7503. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION
OF CERTAIN VESSELS FOR THE CONSTRUCTION OF
CERTAIN RUSSIAN ENERGY EXPORT PIPELINES.
(a) Report Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report that identifies, for the period specified
in paragraph (2)--
(A) vessels that engaged in pipe-laying at depths of 100
feet or more below sea level for the construction of the Nord
Stream 2 pipeline project, the TurkStream pipeline project,
or any project that is a successor to either such project;
and
(B) foreign persons that the Secretary of State, in
consultation with the Secretary of the Treasury, determines
have knowingly--
(i) sold, leased, or provided those vessels for the
construction of such a project; or
(ii) facilitated deceptive or structured transactions to
provide those vessels for the construction of such a project.
(2) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report required to be
submitted by paragraph (1), the period beginning on the date
of the enactment of this Act and ending on the date on which
the report is submitted; and
(B) in the case of any subsequent such report, the 90-day
period preceding submission of the report.
(b) Ineligibility for Visas, Admission, or Parole of
Identified Persons and Corporate Officers.--
(1) In general.--
(A) Visas, admission, or parole.--An alien described in
paragraph (2) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien described in paragraph (2) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
(2) Aliens described.--An alien is described in this
paragraph if the alien is--
(A) a foreign person identified under subsection (a)(1)(B);
(B) a corporate officer of a person described in
subparagraph (A); or
(C) a principal shareholder with a controlling interest in
a person described in subparagraph (A).
(c) Blocking of Property of Identified Persons.--The
President shall exercise all powers granted to the President
by the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
any person identified under subsection (a)(1)(B) if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
(d) Wind-down Period.--The President may not impose
sanctions under this section with respect to a person
identified in the first report submitted under subsection (a)
if the President certifies in that report that the person
has, not later than 30 days after the date of the enactment
of this Act, engaged in good faith efforts to wind down
operations that would otherwise subject the person to the
imposition of sanctions under this section.
(e) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under this section shall not apply with
respect to the admission of an alien to the United States if
the admission of the alien is necessary to permit the United
States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, the
Convention on Consular Relations, done at Vienna April 24,
1963, and entered into force March 19, 1967, or other
applicable international obligations.
(3) Exception for safety of vessels and crew.--Sanctions
under this section shall not apply with respect to a person
providing provisions to a vessel identified under subsection
(a)(1)(A) if such provisions are intended for the safety and
care of the crew aboard the vessel, the protection of human
life aboard the vessel, or the maintenance of the vessel to
avoid any environmental or other significant damage.
(4) Exception for repair or maintenance of pipelines.--
Sanctions under this section shall not apply with respect to
a person for engaging in activities necessary for or related
to the repair or maintenance of, or environmental remediation
with respect to, a pipeline project described in subsection
(a)(1)(A).
(5) Exception relating to importation of goods.--
(A) In general.--Notwithstanding any other provision of
this section, the authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(f) Waivers.--
(1) National interest waiver for visa ban.--The President
may waive the application of sanctions under subsection (b)
with respect to an alien if the President--
(A) determines that the waiver is in the national interests
of the United States; and
(B) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
(2) National security waiver for economic and other
sanctions.--The President may waive the application of
sanctions under subsection (c) with respect to a person if
the President--
(A) determines that the waiver is in the national security
interests of the United States; and
(B) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(h) Termination and Sunset.--The authority to impose
sanctions under this section with respect to a person
involved in the construction of a pipeline project described
in subsection (a)(1)(A), and any sanctions imposed under this
section with respect to that project, shall terminate on the
date that is the earlier of--
(1) the date on which the President certifies to the
appropriate congressional committees that appropriate
safeguards have been put in place--
(A) to minimize the ability of the Government of the
Russian Federation to use that project as a tool of coercion
and political leverage, including by achieving the unbundling
of energy production and transmission so that entities owned
or controlled by that Government do not control the
transmission network for the pipeline; and
(B) to ensure, barring unforeseen circumstances, that the
project would not result in a decrease of more than 25
percent in the volume of Russian energy exports transiting
through existing pipelines in other countries, particularly
Ukraine, relative to the average monthly volume of Russian
energy exports transiting through such pipelines in 2018; or
(2) the date that is 5 years after the date of the
enactment of this Act.
(i) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those
terms in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person within the United States.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
Sec. 7601. Short title.
[[Page H9733]]
Sec. 7602. Paid parental leave under title 5.
Sec. 7603. Paid parental leave for congressional employees.
Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees.
Sec. 7605. Clarification for members of the National Guard and
Reserves.
Sec. 7606. Conforming amendment for certain TSA employees.
Subtitle B--Other Matters
Sec. 7611. Liberian refugee immigration fairness.
Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.
Sec. 7613. Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations.
Subtitle A--Federal Employee Paid Leave Act
SEC. 7601. SHORT TITLE.
This subtitle may be cited as the ``Federal Employee Paid
Leave Act''.
SEC. 7602. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) In General.--Subsection (d) of section 6382 of title 5,
United States Code, is amended--
(1) by striking ``An employee'' and inserting ``(1) An
employee'';
(2) by striking ``subparagraph (A), (B), (C),'' and
inserting ``subparagraph (C),''; and
(3) by adding at the end the following:
``(2)(A) An employee may elect to substitute for any leave
without pay under subparagraph (A) or (B) of subsection
(a)(1) any paid leave which is available to such employee for
that purpose.
``(B) The paid leave that is available to an employee for
purposes of subparagraph (A) is--
``(i) 12 administrative workweeks of paid parental leave
under this subparagraph in connection with the birth or
placement involved; and
``(ii) during the 12-month period referred to in subsection
(a)(1), and in addition to the 12 administrative workweeks
under clause (i), any annual or sick leave accrued or
accumulated by such employee under subchapter I.
``(C) Nothing in this subsection shall be considered to
require that an employee first use all or any portion of the
leave described in subparagraph (B)(ii) before being allowed
to use the paid parental leave described in subparagraph
(B)(i).
``(D) Paid parental leave under subparagraph (B)(i)--
``(i) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(ii) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(iii) if not used by the employee before the end of the
12-month period (as referred to in subsection (a)(1)) to
which it relates, shall not accumulate for any subsequent
use.
``(E) Nothing in this paragraph shall be construed to
modify the requirement to complete at least 12 months of
service as an employee (within the meaning of section
6381(1)(A)) before the date of the applicable birth or
placement involved to be eligible for paid parental leave
under subparagraph (B)(i) of this paragraph.
``(F)(i) An employee may not take leave under this
paragraph unless the employee agrees (in writing), before the
commencement of such leave, to work for the applicable
employing agency for not less than a period of 12 weeks
beginning on the date such leave concludes.
``(ii) The head of the agency shall waive the requirement
in clause (i) in any instance where the employee is unable to
return to work because of the continuation, recurrence, or
onset of a serious health condition (including mental
health), related to the applicable birth or placement of a
child, of the employee or the child.
``(iii) The head of the employing agency may require that
an employee who claims to be unable to return to work because
of a health condition described under clause (ii) provide
certification supporting such claim by the health care
provider of the employee or the child (as the case may be).
The employee shall provide such certification to the head in
a timely manner.
``(G)(i) If an employee fails to return from paid leave
provided under this paragraph after the date such leave
concludes, the employing agency may recover, from such
employee, an amount equal to the total amount of Government
contributions paid by the agency under section 8906 on behalf
of the employee for maintaining such employee's health
coverage under chapter 89 during the period of such leave.
``(ii) Clause (i) shall not apply to any employee who fails
to return from such leave due to--
``(I) the continuation, recurrence, or onset of a serious
health condition as described under, and consistent with the
requirements of, subparagraph (F); or
``(II) any other circumstance beyond the control of the
employee.''.
(b) Conforming Amendments.--Section 6382(a) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A) by inserting ``and subsection (d)(2) of this section''
after ``section 6383''; and
(2) in paragraph (4), by striking ``During'' and inserting
``Subject to subsection (d)(2), during''.
(c) Effective Date.--The amendments made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 7603. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendments to Congressional Accountability Act.--
Section 202 of the Congressional Accountability Act of 1995
(2 U.S.C. 1312) is amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102 of such Act with respect
to leave for an event described in subsection (a)(1)(A) or
(B) of such section to covered employees, subsection (d) of
this section shall apply. Paragraphs (1) and (4) of section
102(a) of such Act shall be subject to subsection (d) of this
section.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave.--
``(1) Substitution of paid leave.--A covered employee may
elect to substitute for any leave without pay under
subparagraph (A) or (B) of section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid
leave which is available to such employee for that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid parental leave in
connection with the birth or placement involved that
corresponds to the number of administrative workweeks of paid
parental leave available to employees under section
6382(d)(2)(B)(i) of title 5, United States Code; and
``(B) during the 12-month period referred to in section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)) and in addition to the administrative
workweeks described in subparagraph (A), any additional paid
vacation, personal, family, medical, or sick leave provided
by the employing office to such employee.
``(3) Limitation.--Nothing in this section or section
102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(d)(2)(A)) shall be considered to require or
permit an employing office to require that an employee first
use all or any portion of the leave described in paragraph
(2)(B) before being allowed to use the paid parental leave
described in paragraph (2)(A).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing office;
``(B) if not used by the covered employee before the end of
the 12-month period (as referred to in section 102(a)(1) of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1))) to which it relates, shall not accumulate for
any subsequent use; and
``(C) shall apply without regard to the limitations in
subparagraph (E), (F), or (G) of section 6382(d)(2) of title
5, United States Code, or section 104(c)(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).''.
(b) Conforming Amendment.--Section 202(a)(2) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(a)(2)) is amended by adding at the end the following:
``The requirements of subparagraph (B) shall not apply with
respect to leave under subparagraph (A) or (B) of section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)).''.
(c) Effective Date.--The amendments made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 7604. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE
ACT FOR GAO AND LIBRARY OF CONGRESS EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--
Section 102 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and subsection
(d)(3)'' after ``section 103''; and
(B) in paragraph (4), by striking ``During'' and inserting
``Subject to subsection (d)(3), during''; and
(2) in subsection (d), by adding at the end the following:
``(3) Special rule for gao employees.--
``(A) Substitution of paid leave.--An employee of the
Government Accountability Office may elect to substitute for
any leave without pay under subparagraph (A) or (B) of
subsection (a)(1) any paid leave which is available to such
employee for that purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of the Government Accountability
Office for purposes of subparagraph (A) is--
``(i) the number of weeks of paid parental leave in
connection with the birth or placement involved that
corresponds to the number of administrative workweeks of paid
parental leave available to employees under section
6382(d)(2)(B)(i) of title 5, United States Code; and
``(ii) during the 12-month period referred to in section
102(a)(1) and in addition to the administrative workweeks
described in clause (i), any additional paid vacation,
personal, family, medical, or sick leave provided by such
employer.
``(C) Limitation.--Nothing in this section shall be
considered to require or permit an employer to require that
an employee first use all or any portion of the leave
described in subparagraph (B)(ii) before being allowed to use
the paid parental leave described in clause (i) of
subparagraph (B).
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any appropriation or fund
available for salaries or expenses for positions with the
Government Accountability Office;
``(ii) if not used by the employee of such employer before
the end of the 12-month period (as referred to in subsection
(a)(1)) to which it relates, shall not accumulate for any
subsequent use; and
[[Page H9734]]
``(iii) shall apply without regard to the limitations in
subparagraph (E), (F), or (G) of section 6382(d)(2) of title
5, United States Code or section 104(c)(2) of this Act.
``(4) Special rule for library of congress employees.--
Consistent with section 101(a)(3)(J) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301(a)(3)(J)), the
rights and protections established by sections 101 through
105, including section 102(d)(3), shall apply to employees of
the Library of Congress under section 202 of that Act (2
U.S.C. 1312).''.
(b) Conforming Amendment.--Section 101(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by
adding at the end the following:
``(E) GAO employees.--In the case of an employee of the
Government Accountability Office, the requirements of
subparagraph (A) shall not apply with respect to leave under
section 102(a)(1)(A) or (B).''.
(c) Effective Date.--The amendments made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 7605. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD
AND RESERVES.
(a) Executive Branch Employees.--For purposes of
determining the eligibility of an employee who is a member of
the National Guard or Reserves to take leave under section
6382(a) of title 5, United States Code, or to substitute such
leave pursuant to subsection (d)(2)(A) of section 6382 of
such title (as added by section 1102), any service by such
employee on active duty (as defined in section 6381(7) of
such title) shall be counted as service as an employee for
purposes of section 6381(1)(B) of such title.
(b) Congressional Employees.--For purposes of determining
the eligibility of a covered employee (as such term is
defined in section 101(3) of the Congressional Accountability
Act) who is a member of the National Guard or Reserves to
take leave under section 102(a) of the Family and Medical
Leave Act of 1993 (pursuant to section 202(a)(1) of the
Congressional Accountability Act), any service by such
employee on active duty (as defined in section 101(14) of the
Family and Medical Leave Act of 1993) shall be counted as
time during which such employee has been employed in an
employing office for purposes of section 202(a)(2)(B) of the
Congressional Accountability Act.
(c) Gao and Library of Congress Employees.--For purposes of
determining the eligibility of an employee of the Government
Accountability Office or Library of Congress who is a member
of the National Guard or Reserves to take leave under section
102(a) of the Family and Medical Leave Act of 1993, any
service by such employee on active duty (as defined in
section 101(14) of such Act) shall be counted as time during
which such employee has been employed for purposes of section
101(2)(A) of such Act.
SEC. 7606. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES.
Section 111(d)(2) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is amended to read as
follows:
``(2) Exceptions.--
``(A) Reemployment.--In carrying out the functions
authorized under paragraph (1), the Under Secretary shall be
subject to the provisions set forth in chapter 43 of title
38, United States Code.
``(B) Leave.--The provisions of subchapter V of chapter 63
of title 5, United States Code, shall apply to any individual
appointed under paragraph (1) as if such individual were an
employee (within the meaning of subparagraph (A) of section
6381(1) of such title).''.
Subtitle B--Other Matters
SEC. 7611. LIBERIAN REFUGEE IMMIGRATION FAIRNESS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration
laws shall have the meaning given the term in the immigration
laws.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Adjustment of Status.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall adjust the status of an alien described in
subsection (c) to that of an alien lawfully admitted for
permanent residence if the alien--
(A) applies for adjustment not later than 1 year after the
date of the enactment of this Act;
(B) is otherwise eligible to receive an immigrant visa; and
(C) subject to paragraph (2), is admissible to the United
States for permanent residence.
(2) Applicability of grounds of inadmissibility.--In
determining the admissibility of an alien under paragraph
(1)(C), the grounds of inadmissibility specified in
paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall
not apply.
(3) Exceptions.--An alien shall not be eligible for
adjustment of status under this subsection if the Secretary
determines that the alien--
(A) has been convicted of any aggravated felony;
(B) has been convicted of two or more crimes involving
moral turpitude (other than a purely political offense); or
(C) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion.
(4) Relationship of application to certain orders.--
(A) In general.--An alien present in the United States who
has been subject to an order of exclusion, deportation,
removal, or voluntary departure under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, submit an application for
adjustment of status under this subsection if the alien is
otherwise eligible for adjustment of status under paragraph
(1).
(B) Separate motion not required.--An alien described in
subparagraph (A) shall not be required, as a condition of
submitting or granting an application under this subsection,
to file a separate motion to reopen, reconsider, or vacate an
order described in subparagraph (A).
(C) Effect of decision by secretary.--
(i) Grant.--If the Secretary adjusts the status of an alien
pursuant to an application under this subsection, the
Secretary shall cancel any order described in subparagraph
(A) to which the alien has been subject.
(ii) Denial.--If the Secretary makes a final decision to
deny such application, any such order shall be effective and
enforceable to the same extent that such order would be
effective and enforceable if the application had not been
made.
(c) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (b)
shall apply to any alien who--
(A)(i) is a national of Liberia; and
(ii) has been continuously present in the United States
during the period beginning on November 20, 2014, and ending
on the date on which the alien submits an application under
subsection (b); or
(B) is the spouse, child, or unmarried son or daughter of
an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1)(A)(ii), an alien shall
not be considered to have failed to maintain continuous
physical presence based on one or more absences from the
United States for one or more periods amounting, in the
aggregate, of not more than 180 days.
(d) Stay of Removal.--
(1) In general.--The Secretary shall promulgate regulations
establishing procedures by which an alien who is subject to a
final order of deportation, removal, or exclusion, may seek a
stay of such order based on the filing of an application
under subsection (b).
(2) During certain proceedings.--
(A) In general.--Except as provided in subparagraph (B),
notwithstanding any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may
not order an alien to be removed from the United States if
the alien--
(i) is in exclusion, deportation, or removal proceedings
under any provision of such Act; and
(ii) has submitted an application for adjustment of status
under subsection (b).
(B) Exception.--The Secretary may order an alien described
in subparagraph (A) to be removed from the United States if
the Secretary has made a final determination to deny the
application for adjustment of status under subsection (b) of
the alien.
(3) Work authorization.--
(A) In general.--The Secretary may--
(i) authorize an alien who has applied for adjustment of
status under subsection (b) to engage in employment in the
United States during the period in which a determination on
such application is pending; and
(ii) provide such alien with an ``employment authorized''
endorsement or other appropriate document signifying
authorization of employment.
(B) Pending applications.--If an application for adjustment
of status under subsection (b) is pending for a period
exceeding 180 days and has not been denied, the Secretary
shall authorize employment for the applicable alien.
(e) Record of Permanent Residence.--On the approval of an
application for adjustment of status under subsection (b) of
an alien, the Secretary shall establish a record of admission
for permanent residence for the alien as of the date of the
arrival of the alien in the United States.
(f) Availability of Administrative Review.--The Secretary
shall provide applicants for adjustment of status under
subsection (b) with the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(g) Limitation on Judicial Review.--
(1) In general.--A determination by the Secretary with
respect to the adjustment of status of any alien under this
section is final and shall not be subject to review by any
court.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to preclude the review of a constitutional claim
or a question of law under section 704 of title 5, United
States Code, with respect to a denial of adjustment of status
under this section.
(h) No Offset in Number of Visas Available.--The Secretary
of State shall not be required to reduce the number of
immigrant visas authorized to be issued under any provision
of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) to offset the adjustment of status of an alien who has
been lawfully admitted for permanent residence pursuant to
this section.
(i) Application of Immigration and Nationality Act
Provisions.--
(1) Savings provision.--Nothing in this Act may be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, function, or authority of the
Secretary in the administration and enforcement of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or
any other law relating to immigration, nationality, or
naturalization.
[[Page H9735]]
(2) Effect of eligibility for adjustment of status.--The
eligibility of an alien to be lawfully admitted for permanent
residence under this section shall not preclude the alien
from seeking any status under any other provision of law for
which the alien may otherwise be eligible.
SEC. 7612. PENSACOLA DAM AND RESERVOIR, GRAND RIVER,
OKLAHOMA.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Conservation pool.--The term ``conservation pool''
means all land and water of Grand Lake O' the Cherokees,
Oklahoma, below the flood pool.
(3) Flood pool.--The term ``flood pool'' means all land and
water of Grand Lake O' the Cherokees, Oklahoma, allocated for
flood control or navigation by the Secretary pursuant to
section 7 of the Flood Control Act of 1944 (33 U.S.C. 709).
(4) Project.--The term ``project'' means the Pensacola
Hydroelectric Project (FERC No. 1494).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Conservation Pool Management.--
(1) Federal land.--Notwithstanding section 3(2) of the
Federal Power Act (16 U.S.C. 796(2)), any Federal land within
the project boundary, including any right, title, or interest
in or to land held by the United States for any purpose,
shall not--
(A) be subject to the first proviso in section 4(e) of the
Federal Power Act (16 U.S.C. 797(e)); or
(B) be considered to be--
(i) land or other property of the United States for
purposes of recompensing the United States for the use,
occupancy, or enjoyment of the land under section 10(e)(1) of
that Act (16 U.S.C. 803(e)(1)); or
(ii) land of the United States for purposes of section 24
of that Act (16 U.S.C. 818).
(2) License conditions.--
(A) In general.--Except as may be required by the Secretary
to carry out responsibilities under section 7 of the Flood
Control Act of 1944 (33 U.S.C. 709), the Commission or any
other Federal or State agency shall not include in any
license for the project any condition or other requirement
relating to--
(i) surface elevations of the conservation pool; or
(ii) the flood pool (except to the extent it references
flood control requirements prescribed by the Secretary).
(B) Exception.--Notwithstanding subparagraph (A), the
project shall remain subject to the Commission's rules and
regulations for project safety and protection of human
health.
(3) Project scope.--
(A) Licensing jurisdiction.--The licensing jurisdiction of
the Commission for the project shall not extend to any land
or water outside the project boundary.
(B) Outside infrastructure.--Any land, water, or physical
infrastructure or other improvement outside the project
boundary shall not be considered to be part of the project.
(C) Boundary jurisdiction amendments.--The Commission may,
consistent with the requirements of the Federal Power Act,
amend the project boundary, only with the expressed written
agreement of the project licensee. If the licensee does not
agree to a project boundary change proposed by the
Commission, the purposes and requirements of part I of the
Federal Power Act (16 U.S.C. 791a et seq.) shall be deemed to
be satisfied without the Commission's proposed boundary or
jurisdiction change.
(c) Exclusive Jurisdiction of Flood Pool Management.--The
Secretary shall have exclusive jurisdiction and
responsibility for management of the flood pool for flood
control operations at Grand Lake O' the Cherokees.
(d) Study of Upstream Infrastructure.--Not later than 90
days after the date of the enactment of this Act, the
Secretary shall initiate a study of infrastructure and lands
upstream from the project to evaluate resiliency to flooding.
Not later than one year after initiating the study, the
Secretary shall issue a report advising local communities and
State departments of transportation of any identified
deficiencies and potential mitigation options.
(e) Savings Provision.--Nothing in this section affects,
with respect to the project--
(1) any authority or obligation of the Secretary or the
Chief of Engineers pursuant to section 2 of the Act of June
28, 1938 (commonly known as the ``Flood Control Act of
1938'') (33 U.S.C. 701c-1);
(2) any authority of the Secretary or the Chief of
Engineers pursuant to section 7 of the Act of December 22,
1944 (commonly known as the ``Flood Control Act of 1944'')
(33 U.S.C. 709);
(3) any obligation of the United States to obtain flowage
or other property rights pursuant to the Act of July 31, 1946
(60 Stat. 743, chapter 710);
(4) any obligation of the United States to acquire flowage
or other property rights for additional reservoir storage
pursuant to Executive Order 9839 (12 Fed. Reg. 2447; relating
to the Grand River Dam Project);
(5) any authority of the Secretary to acquire real property
interest pursuant to section 560 of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat. 3783);
(6) any obligation of the Secretary to conduct and pay the
cost of a feasibility study pursuant to section 449 of the
Water Resources Development Act of 2000 (Public Law 106-541;
114 Stat. 2641);
(7) the National Flood Insurance Program established under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), including any policy issued under that Act; or
(8) any disaster assistance made available under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or other Federal disaster assistance
program.
SEC. 7613. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS;
CYBERSECURITY CERTIFICATION FOR RAIL ROLLING
STOCK AND OPERATIONS.
Section 5323 of title 49, United States Code, is amended by
adding at the end the following:
``(u) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Except as provided in paragraph (5),
financial assistance made available under this chapter shall
not be used in awarding a contract or subcontract to an
entity on or after the date of enactment of this subsection
for the procurement of rolling stock for use in public
transportation if the manufacturer of the rolling stock--
``(A) is incorporated in or has manufacturing facilities in
the United States; and
``(B) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation
based in a country that--
``(i) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this
subsection;
``(ii) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
country included on the priority watch list defined in
subsection (g)(3) of that section; and
``(iii) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of 1974 (19
U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in paragraph (5), as
a condition of financial assistance made available in a
fiscal year under section 5337, a recipient that operates
rail fixed guideway service shall certify in that fiscal year
that the recipient will not award any contract or subcontract
for the procurement of rail rolling stock for use in public
transportation with a rail rolling stock manufacturer
described in paragraph (1).
``(B) Separate certification.--The certification required
under this paragraph shall be in addition to any
certification the Secretary establishes to ensure compliance
with the requirements of paragraph (1).
``(5) Special rules.--
``(A) Parties to executed contracts.--This subsection,
including the certification requirement under paragraph (4),
shall not apply to the award of any contract or subcontract
made by a public transportation agency with a rail rolling
stock manufacturer described in paragraph (1) if the
manufacturer and the public transportation agency have
executed a contract for rail rolling stock before the date of
enactment of this subsection.
``(B) Rolling stock.--Except as provided in subparagraph
(C) and for a contract or subcontract that is not described
in subparagraph (A), this subsection, including the
certification requirement under paragraph (4), shall not
apply to the award of a contract or subcontract made by a
public transportation agency with any rolling stock
manufacturer for the 2-year period beginning on or after the
date of enactment of this subsection.
``(C) Exception.--Subparagraph (B) shall not apply to the
award of a contract or subcontract made by the Washington
Metropolitan Area Transit Authority.
``(v) Cybersecurity Certification for Rail Rolling Stock
and Operations.--
``(1) Certification.--As a condition of financial
assistance made available under this chapter, a recipient
that operates a rail fixed guideway public transportation
system shall certify that the recipient has established a
process to develop, maintain, and execute a written plan for
identifying and reducing cybersecurity risks.
``(2) Compliance.--For the process required under paragraph
(1), a recipient of assistance under this chapter shall--
``(A) utilize the approach described by the voluntary
standards and best practices developed under section 2(c)(15)
of the National Institute of Standards and Technology Act (15
U.S.C. 272(c)(15)), as applicable;
``(B) identify hardware and software that the recipient
determines should undergo third-party testing and analysis to
mitigate cybersecurity risks, such as hardware or software
for rail rolling stock under proposed procurements; and
``(C) utilize the approach described in any voluntary
standards and best practices for rail fixed guideway public
transportation systems developed under the authority of the
Secretary of Homeland Security, as applicable.
``(3) Limitations on statutory construction.--Nothing in
this subsection shall be construed to interfere with the
authority of--
``(A) the Secretary of Homeland Security to publish or
ensure compliance with requirements or standards concerning
cybersecurity for rail fixed guideway public transportation
systems; or
``(B) the Secretary of Transportation under section 5329 to
address cybersecurity issues as those issues relate to the
safety of rail fixed guideway public transportation
systems.''.
And the House agree to the same.
From the Committee on Armed Services, for consideration of
the Senate bill and the House amendment, and modifications
committed to conference:
Adam Smith,
[[Page H9736]]
Susan A. Davis,
James R. Langevin,
Rick Larsen,
Jim Cooper,
Joe Courtney,
John Garamendi,
Jackie Speier,
Donald Norcross,
Ruben Gallego,
Seth Moulton,
Salud O. Carbajal,
Anthony G. Brown,
Ro Khanna,
Filemon Vela,
Andy Kim,
Kendra S. Horn,
Gilbert Ray Cisneros, Jr.,
Mac Thornberry,
Joe Wilson,
Michael R. Turner,
Mike Rogers,
K. Michael Conaway,
Doug Lamborn,
Robert J. Wittman,
Elise M. Stefanik,
Trent Kelly,
Don Bacon,
Jim Banks,
Liz Cheney,
From the Permanent Select Committee on Intelligence, for
consideration of matters within the jurisdiction of that
committee under clause 11 of rule X:
Adam B. Schiff,
Terri A. Sewell,
Devin Nunes,
From the Committee on the Budget, for consideration of secs.
4 and 10608 of the Senate bill, and secs. 1006 and 1112 of
the House amendment, and modifications committed to
conference:
John A. Yarmuth,
Scott H. Peters,
Bill Johnson,
From the Committee on Education and Labor, for consideration
of secs. 571, 572, and 5501 of the Senate bill, and secs.
211, 576, 580, 1099N, 1117, 3120, and 3503 of the House
amendment, and modifications committed to conference:
Robert C. ``Bobby'' Scott,
Lori Trahan,
From the Committee on Energy and Commerce, for consideration
of secs. 214, 315, 318, 703, 3112, 3113, 3201-03, 5318, 6001,
6006, 6021, 6701, 6711, 6721-24, 6741, 6742, 6751-54, 8101,
8202, 10421, 10422, and 10742 of the Senate bill, and secs.
315, 330F, 330H, 330O, 606, 737, 3111, 3112, 3127, 3128,
3201, and 3202 of the House amendment, and modifications
committed to conference:
Fred Upton,
From the Committee on Financial Services, for consideration
of secs. 6017, 6018, 6804, 6811, 6813-16, 6834, 6835, and
title LXIX of the Senate bill, and secs. 550K, 560G, subtitle
I of title X, secs. 1240B, 1292, 1704, 1711, 1713-16, 1733,
and 2843 of the House amendment, and modifications committed
to conference:
Brad Sherman,
Andy Barr,
From the Committee on Foreign Affairs, for consideration of
secs. 834, 1011, 1043, 1202, 1203, 1205, 1206, 1211, 1212,
1215, 1221-24, 1231-36, 1238, 1252, 1281-84, title XIII,
secs. 1671, 1681, 2822, 6203-06, 6210, 6213, 6215, 6231,
6236, title LXVIII, secs. 6921, 6922, 6931, 6941, 6943, 6954,
part I of subtitle B of title LXXXV, secs. 8562, and 10701 of
the Senate bill, and secs. 634, 1036, 1046, 1050, 1099X,
1201, 1202, 1204, 1207, 1210, 1213, 1215, 1218, 1221-25,
1229, 1231-34, 1240A, 1241, 1250D, 1251, 1255, 1258, 1260A,
1260B, 1265, 1266, 1269, 1270, 1270G, 1270H, 1270I, 1270N,
1270R, 1270S, 1270T, 1270W, subtitle I of title XII, subtitle
J of title XXI, title XIII, secs. 1521, 1669, and title XVII
of the House amendment, and modifications committed to
conference:
Michael T. McCaul,
From the Committee on Homeland Security, for consideration of
secs. 6006, 6012, and 8543 of the Senate bill, and
modifications committed to conference:
Max Rose,
Lauren Underwood,
Mark Walker,
From the Committee on the Judiciary, for consideration of
secs. 1025, 1031, 1044, 1682, 6004, 6206, 6804, 6811, 6813-
16, 6835, 6921, and 6944 of the Senate bill, and secs. 530F,
530G, 550D, 550F, 550J, 570H, 729, 827, 1011, 1048, 1049,
1050C, 1093, 1099C, 1099K, 1099V, 1099Z-3, 1212, 1296A, 1704,
1711, 1713-16, and 1733 of the House amendment and
modifications committed to conference:
Zoe Lofgren,
From the Committee on Natural Resources, for consideration of
secs. 314, 2812, 2814, 6001, 6020, subtitle C of title LXVII,
sec. 8524, part I of subtitle B of title LXXXV, secs. 8554,
and 8571 of the Senate bill, and secs. 330G, 1094, 1099D,
1099F, 1099U, 2851, subtitle F of title XXVIII, secs. 2876,
and 2880 of the House amendment, and modifications committed
to conference:
Debra A. Haaland,
Rob Bishop,
From the Committee on Oversight and Reform, for consideration
of secs. 218, 530, 559, 579, 1081, 1082, title XI, secs.
5802, 6012, subtitle B of title LXV, secs. 9304, 9307, 9311,
9313, 9314, 10303, 10432, 10434, 10601, 10603-05, 10612,
10741, and 10742 of the Senate bill, and secs. 212, 239,
5500, 629, 633, 804, 829, 842, 861, 872, 877, 883, 884, 891,
895, 899E, 899H, 899I, 1064, 1085, 1099B, title XI, secs.
1704, 1711, 1713-16, and 3127 of the House amendment, and
modifications committed to conference:
Stephen F. Lynch,
Gerald E. Connolly,
Mark E. Green,
From the Committee on Science, Space, and Technology, for
consideration of secs. 216, 219, 1612, 6001, 6006, 6008,
6009, 6742, 6754, 8524, and 10742 of the Senate bill, and
secs. 214, 217, 882, and 1089 of the House amendment, and
modifications committed to conference:
Eddie Bernice Johnson,
Mikie Sherrill,
James R. Baird,
From the Committee on Small Business, for consideration of
sec. 841 of the Senate bill, and secs. 872-76, 878, 879, 881,
882, and 886-89 of the House amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jared F. Golden,
Steve Chabot,
From the Committee on Transportation and Infrastructure, for
consideration of secs. 353, 1612, 1682, 2805, title XXXV,
secs. 6001, 6006, 6012, 6015, 6019, 6021, 6754, 8500, 8511,
8517, 8519, 8520, 8522, 8523, 8525, 8532, 8543, 8545, 8546,
and 8571 of the Senate bill, and secs. 311, 313, 330A, 330O,
351, 354, 555, 569, 580C, 606, 896, 2808, 3501, and 3504 of
the House amendment, and modifications committed to
conference:
John Katko,
From the Committee on Veterans' Affairs, for consideration of
secs. 568, 721, 726, 727, 1083, 1431, 2812, 2813, 5702, and
6007 of the Senate bill, and secs. 530, 530A, 545, 546, 550E,
550G, 550H, 550I, 550J, 569, 570E, 570F, 574, 624, 705, 706,
713, 715, 1093, 1126, and 1411 of the House amendment, and
modifications committed to conference:
Mark Takano,
Julia Brownley,
Steve Watkins,
Managers on the part of the House.
James M. Inhofe,
Roger F. Wicker,
Deb Fischer,
Tom Cotton,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
David Perdue,
Kevin Cramer,
Martha McSally,
Rick Scott,
Marsha Blackburn,
Josh Hawley,
Jack Reed,
Jeanne Shaheen,
Richard Blumenthal,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Gary C. Peters,
Tammy Duckworth,
Doug Jones,
Managers on the part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the House to the bill (S. 1790), to authorize
appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year,
and for other purposes, submit the following joint statement
to the House and the Senate in explanation of the effect of
the action agreed upon by the managers and recommended in the
accompanying conference report:
The House amendment struck all of the Senate bill after the
enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment
of the House with an amendment that is a substitute for the
Senate bill and the House amendment. The differences between
the Senate bill, the House amendment, and the substitute
agreed to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and Rule XLIV(3) of the Standing Rules of
the Senate, neither this conference report nor the
accompanying joint statement of managers contains any
congressional earmarks, congressionally directed spending
items, limited tax benefits, or limited tariff benefits, as
defined in such rules.
Summary of discretionary authorizations and budget authority
implication
The budget request for national defense discretionary
programs within the jurisdiction of the Committees on Armed
Services of the Senate and the House of Representatives for
fiscal year 2020 was $741.9 billion. Of this amount, $642.5
billion was requested for base Department of Defense
programs, $75.9 billion was requested for overseas
contingency operations, $23.2 billion was requested for
national security programs in the Department of Energy and
the Defense Nuclear Facilities Safety Board, and $300.0
million for defense-related activities.
The conference agreement would authorize $729.9 billion in
fiscal year 2020, including $635.0 billion for base
Department of Defense programs, $71.5 billion for overseas
contingency operations, $23.1 billion for national security
programs in the Department of Energy and the Defense Nuclear
Facilities Safety Board, and $300.0 million for defense-
related activities.
[[Page H9737]]
The two tables preceding the detailed program adjustments
in Division D of the accompanying joint statement of managers
summarize the discretionary authorizations in the agreement
and the equivalent budget authority levels for fiscal year
2020 defense programs.
Budgetary effects of this Act (sec. 4)
The Senate bill contained a provision (sec. 4) that would
require that the budgetary effects of this Act be determined
in accordance with the procedures established in the
Statutory Pay-As-You-Go Act of 2010 (title I of Public Law
111-139).
The House amendment contained a similar provision (sec.
1006).
The House recedes.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
BUDGET ITEMS
Columbia-class submarine advance procurement
The budget request included $1.7 billion in line item 1 of
Shipbuilding and Conversion, Navy for Columbia-class
submarine advance procurement.
The House amendment would authorize an increase of $125.0
million above the request.
The Senate bill would authorize an increase of $125.0
million above the request.
The agreement authorizes an increase of $123.0 million
above the request.
The conferees' intent in authorizing additional funds for
submarine industrial base expansion is to ensure second- and
third-tier contractors are able to meet increased production
requirements.
The conferees direct the Secretary of the Navy to notify
the congressional defense committees within 30 days of
obligating funds provided for submarine industrial base
expansion of the: obligation date, contractor name or names,
location, description of the shortfall to be addressed,
actions to be undertaken, desired end state, usable end items
to be procured, period of performance, dollar amount,
projected associated savings including business case analysis
if applicable, contract name, and contract number.
The conferees believe that expanding the capabilities of
the second- and third-tier contractors in the submarine
industrial base should lead to greater cost savings and
improved efficiency as production increases to meet the
Columbia-class schedule and higher requirement for Virginia-
class attack submarines in the Navy's latest Force Structure
Assessment.
Virginia-class submarine procurement and advance procurement
The budget request included $7.2 billion in line number 3
of Shipbuilding and Conversion, Navy (SCN) for Virginia-class
submarine procurement and $2.8 billion in line number 4 of
SCN for Virginia-class submarine advance procurement.
The House amendment would authorize a decrease of $550.0
million below the request in line number 3 of SCN and the
funding level of the request in line number 4 of SCN.
The Senate bill would authorize a decrease of $2.5 billion
below the request in line number 3 of SCN and an increase of
$1.5 billion above the request in line number 4 of SCN.
The agreement authorizes a decrease of $1.7 billion below
the request in line number 3 of SCN and an increase of $200.0
million above the request in line number 4 of SCN.
The conferees note that the budget request included a plan
to procure 11 Virginia-class attack submarines across the
future years defense program (FYDP). The conferees supported
that plan in both the House of Representatives and Senate
National Defense Authorization Acts for Fiscal Year 2020.
Unfortunately, the conferees have learned from the Navy that
the original request was not financially or technically
executable. For example, the Navy's request included
procuring one boat in each of fiscal years 2020 and 2021
without the Virginia Payload Module (VPM). The conferees only
recently learned that shifting the configuration to a non-VPM
design would have resulted in considerable delay and
disruption in building attack submarines, and could have
harmed the Columbia-class program as well.
The conferees expect budget requests and associated
materials to be complete and accurate, with rigorous
supporting justification and analysis that demonstrates such
requests are fully executable. The conferees further expect
that when the Navy finds discrepancies, the Navy will provide
timely, full, and open disclosure of such issues. The
conferees are concerned that the Virginia-class fiscal year
2020 request lacked both accuracy and timely reporting of
discrepancies.
The Navy has recently proposed a revised acquisition
strategy with 9 Virginia-class submarines procured in fiscal
years 2019 through 2023, with options to procure additional
ships over that period. The conferees priority is to ensure
the Navy fully preserves a plan to procure 10 Virginia-class
attack submarines, nine of which include the VPM, and expects
the Navy to budget accordingly in their fiscal year 2021
budget submission. Therefore, the conferees are providing the
necessary additional Virginia-class advance procurement (AP)
and procurement funds, including the AP funds needed to
procure two submarines in fiscal year 2021, as submitted in
the fiscal year 2020 budget as well as the 30-year
shipbuilding plan.
The conferees recognize that due to recent negotiations the
required multi-year certification of a ten submarine contract
may not be possible, because it is not fully funded across
the FYDP. The conferees note that section 2306b of title 10,
United States Code, allows the Secretary of Defense
to certify the contract even if all of the requirements
are not met. The conferees encourage the Secretary to
consider utilizing this authority in order to
expeditiously secure a contract for ten submarines.
The conferees regret that they presently lack sufficient
budgetary information to support an eleventh Virginia-class
submarine in the fiscal year 2019 through 2023 timeframe. The
conferees would thoroughly consider an opportunity to
increase submarine procurement in the future if it were
technically and financially executable.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 101)
The Senate bill contained a provision (sec. 101) that would
authorize appropriations for procurement at the levels
identified in section 4101 of division D of this Act.
The House amendment contained an identical provision (sec.
101).
The conference agreement includes this provision.
Subtitle B--Army Programs
Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground
System-Army Increment 1 (sec. 111)
The Senate bill contained a provision (sec. 112) that would
amend Section 113(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-38; 130 Stat. 2028)
by striking ``Secretary of Defense'' and inserting
``Secretary of the Army''.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Navy Programs
Ford-class aircraft carrier cost limitation baselines (sec.
121)
The House amendment contained a provision (sec. 112) that
would repeal section 122 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The Senate bill contained a similar provision (sec. 123)
that would establish Ford-class aircraft carrier cost
limitation baselines in title 10, United States Code, and
repeal section 122 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The House recedes with an amendment that would provide the
Secretary of the Navy with the authority to adjust Ford-class
aircraft carrier cost limitation baselines if advance notice
is given to the congressional defense committees.
Modification of annual report on cost targets for certain
aircraft carriers (sec. 122)
The House amendment contained a provision (sec. 111) that
would amend section 126(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
that requires an annual report on cost reduction efforts for
CVN-79 and CVN-80.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
annual reports through fiscal year 2032.
Refueling and complex overhauls of the U.S.S. John C. Stennis
and U.S.S. Harry S. Truman (sec. 123)
The Senate bill contained a provision (sec. 128) that would
require the Secretary of the Navy to carry out the nuclear
refueling and complex overhaul of the USS John C. Stennis
(CVN-74) and USS Harry S. Truman (CVN-75). The provision
would also authorize the use of incremental funding for a
period not to exceed 6 years after advance procurement funds
for each nuclear refueling and complex overhaul effort are
first obligated.
The House amendment contained no similar provision.
The House recedes.
Ford class aircraft carrier support for F-35C aircraft (sec.
124)
The House amendment contained a provision (sec. 113) that
would require the Secretary of the Navy to ensure that the
aircraft carrier to be designated CVN-79 is capable of
deploying with the F-35 prior to accepting delivery.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
CVN-79 be capable of deploying with the F--35 prior to the
completion of the ship's post shakedown availability.
Prohibition on use of funds for reduction of aircraft carrier
force structure (sec. 125)
The House amendment contained a provision (sec. 114) that
would limit the Secretary of Defense from reducing aircraft
carrier force structure below the level required by section
5062 of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of prohibition on availability of funds for Navy
waterborne security barriers (sec. 126)
The Senate bill contained a provision (sec. 121) that would
amend section 130 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
to extend the prohibition on availability of funds for Navy
port waterborne security barriers through fiscal year 2020
and
[[Page H9738]]
would require the Secretary of the Navy to notify the
congressional defense committees if exigent circumstances,
under which an exception is granted, are deemed to exist.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
sustainment, refurbishment, and replacement to not more than
30 percent of portions of existing waterborne security
barriers.
LHA Replacement Amphibious Assault Ship Program (sec. 127)
The Senate bill contained a provision (sec. 125) that would
authorize the Secretary of the Navy to enter into and
incrementally fund a contract for design and construction of
the LHA replacement ship designated LHA-9. The provision
would also repeal section 125 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364).
The House amendment contained no similar provision.
The House recedes.
Strategic sealift fleet vessel (sec. 128)
The House amendment contained a provision (sec. 118) that
would direct the Secretary of the Navy to enter into a
contract for one sealift vessel, subject to certain
requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would make
entering into a contract or other agreement with a private-
sector entity under which the entity would serve as the
executive agent permissive.
Design and construction of amphibious transport dock
designated LPD-31 (sec. 129)
The House amendment contained a provision (sec. 115) that
would authorize the Secretary of the Navy to enter into a
contract for the amphibious transport dock ship designated
LPD-31. Additionally, the Secretary would be authorized to
use incremental funding authority to complete the
construction.
The Senate bill contained a similar provision (sec. 124).
The Senate recedes.
The conferees' intent is for the Secretary of the Navy to
use the $350.0 million appropriated in Shipbuilding and
Conversion, Navy (SCN) line number 13 in fiscal year 2019 and
additional fiscal year 2020 funds in SCN line number 12 to
procure LPD-31 long-lead material and start construction as
efficie-tly as possible. Consistent with the budget request,
the conferees expect the Navy to request the balance of costs
for LPD-31 in fiscal year 2021.
Limitation on availability of funds for the Littoral Combat
Ship (sec. 130)
The Senate bill contained provisions (sec. 126 and sec.
5126) that would prohibit funds from being used to exceed the
total procurement quantity listed in revision five of the
Littoral Combat Ship acquisition strategy unless the Under
Secretary of Defense for Acquisition and Sustainment submits
to the congressional defense committees a certification.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Limitation on the next new class of Navy large surface
combatants (sec. 131)
The Senate bill contained a provision (sec. 127) that would
require design changes identified during the full duration of
the combat system ship qualification trials and operational
test periods of the first Arleigh Burke-class destroyer in
the Flight III configuration be incorporated prior to
Milestone B approval for the next new class of Navy large
surface combatants.
The House amendment contained no similar provision.
The House recedes with an amendment that would require a
land-based engineering site for the propulsion system.
The conferees note that over the last 10 years, the
Comptroller General of the United States has issued at least
26 reports that identified shipbuilding best practices and
made 67 recommendations to help the Navy improve shipbuilding
outcomes. In a June 2018 report, the Government
Accountability Office found that the Navy, in many cases, has
not taken steps based upon these shipbuilding best
practices.
In order to better understand the key aspects of ship
design necessary to provide confidence in a program's cost,
schedule, and reliability targets, the conferees direct the
Comptroller General to conduct a review of shipbuilding
design practices. This review shall include an examination of
the Navy's design practices for shipbuilding major defense
acquisition programs to assess measures of the lead ship or
lead ship of a major ship modification's design maturity and
stability sufficient to inform an understanding of the
construction costs and the effort needed to execute the
design, and any other related matters. The Comptroller
General shall provide a briefing and report to the
congressional defense committees not later than April 1, 2020
and January 1, 2021, respectively, that describe the findings
of the review.
Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter program (sec. 132)
The House amendment contained a provision (sec. 116) that
would require the Secretary of the Navy to provide quarterly
briefings to the Committee on Armed Services of the House of
Representatives on the progress of the CH-53K King Stallion
program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on availability of funds for VH-92A helicopter
(sec. 133)
The House amendment contained a provision (sec. 117) that
would require the Secretary of the Navy to submit a report to
Committee on Armed Services of the House of Representatives
on the VH-92A helicopter program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on carrier wing and aviation combat element
composition (sec. 134)
The Senate bill contained a provision (sec. 129) that would
direct the Secretary of the Navy to submit a report to the
congressional defense committees, no later than May 1, 2020,
on the optimal composition of the carrier air wing (CVW) in
2030 and 2040, as well as alternative force design concepts.
The provision would also require the Secretary to provide a
briefing on the report no later than March 1, 2020, to the
congressional defense committees.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of the Navy to submit a report on the optimal
composition of the CVW on aircraft carriers and aviation
combat element (ACE) embarked on amphibious ships in 2030 and
2040, including alternative force design concepts. Of
specific concern that should be highlighted is the logistics
impact based on the aircraft carriers ability to support the
specified air wing.
Subtitle D--Air Force Programs
Modification of requirement to preserve certain C-5 aircraft
(sec. 141)
The House amendment contained a provision (sec. 121) that
would amend section 141(d) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239)
to reinstate the requirement for the Secretary of the Air
Force to continue to preserve certain C-5 aircraft in a
storage condition that would allow a recall of retired
aircraft to future service in the Air Force Reserve, Air
National Guard, or Active Force structure.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
storage of C-5 aircraft until a new mobility requirement
study is accomplished.
OC-135B aircraft recapitalization program (sec. 142)
The House amendment contained a provision (sec. 130A) that
would ensure that any Request for Proposals for the
procurement of an OC-135B aircraft under the Open Skies
Treaty aircraft recapitalization program meets the
requirements for full and open competition as set forth in
section 2304 of title 10, United States Code, and
incorporates a full competitive bidding process, to include
both new production aircraft and recently manufactured low-
hour, low-cycle aircraft.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
full competitive bidding process, including new and recently
manufactured aircraft.
Requirement to align Air Force aviation force structure with
National Defense Strategy (sec. 143)
The Senate bill contained a provision (sec. 141) that would
require the Secretary of the Air Force to align the fighter
force structure acquisition strategy with the results of the
independent studies required by section 1064 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91) and to transmit the new strategy in a report to the
congressional defense committees no later than March 1, 2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of the Air Force to submit a report to the
congressional defense committees, no later than March 1,
2020, on the aviation force structure acquisition strategy
that aligns with the stated capability and capacity
requirements of the Air Force to meet the National Defense
Strategy. Additionally, the amendment would require a waiver
from the Secretary of Defense if the Secretary of the Air
Force deviates from the strategy
Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory (sec. 144)
The House amendment contained a provision (sec. 124) that
would prohibit the retirement of any primary inventory KC-10
aircraft in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for F-15EX aircraft
program (sec. 145)
The House amendment contained a provision (sec. 123) that
would require the Secretary of Defense to designate the F-
15EX program as a major subprogram and subject
[[Page H9739]]
it to relevant reporting requirements and criteria pertinent
to a major subprogram.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
same information pertinent to a major subprogram in the form
of a comprehensive report, which the conferees understand
would be less burdensome on the Secretary to generate instead
of formal acquisition documents that could delay execution of
the program using middle-tier rapid-acquisition authorities
for the first two procurement lots of aircraft. The amendment
would also authorize procurement of long-lead aircraft
materials to be procured for all aircraft authorized.
The conferees expect the Secretary of the Air Force to
maintain information transparency with the congressional
defense committees, and to sufficiently and promptly keep the
congressional defense committees apprised of issues
particularly associated with the planning, cost, schedule,
execution, fielding, or risk related to the F-15EX program.
Limitation on availability of funds for VC-25B aircraft (sec.
146)
The House amendment contained a provision (sec. 125) that
would prohibit the Secretary of the Air Force from obligating
or expending any funds to exercise the over-and-above clause
of the VC-25B contract until the Secretary submits a
certification to the congressional defense committees.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
notification of congressional committees if the over-and-
above clause in the VC-25B contract is used.
Limitation on availability of funds for RC-26B aircraft (sec.
147)
The House amendment contained a provision (sec. 129) that
would limit funds for the retiring of the RC-26B aircraft
until the Secretary of Air Force certifies to the
congressional defense committees that other platforms or
technologies provide equivalent capabilities to the RC-26B
aircraft.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit funds
until the report regarding the efficacy of the RC-26 mission
is delivered; the Secretary of the Air Force certifies
whether there are missions that the RC-26B is required to
complete; and whether there is a more cost effective way to
complete those missions should the RC-26B be divested or
retired.
Limitation on availability of funds for retirement of RC-135
aircraft (sec. 148)
The House amendment contained a provision (sec. 126) that
would prohibit any use of funds authorized to be appropriated
in fiscal year 2020 for the Air Force to retire, or prepare
to retire, any RC-135 aircraft until 60 days after the date
on which the Secretary of Defense certifies to the
congressional defense committees that equivalent RC-135
capacity and capability exists to meet combatant commander
requirements for indications and warning, intelligence
preparation of the operational environment, and direct
support to kinetic and non-kinetic operations.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Air Force aggressor squadron modernization (sec. 149)
The Senate bill contained a provision (sec. 144) that would
require the Secretary of the Air Force to submit a report to
the congressional defense committees on Air Force aggressor
squadron modernization.
The House amendment contained a similar provision (sec.
130) that would require the Chief of Staff of the Air Force
to submit to the congressional defense committees a plan and
report on the strategy for modernizing the organic aggressor
fleet.
The House recedes.
Air Force plan for Combat Rescue Helicopter fielding (sec.
150)
The Senate bill contained a provision (sec. 145) that
expressed the Sense of Congress that the Air National Guard
should retain additional HH-60G helicopters given the delays
of the Operational Loss Replacement program and the fielding
schedule of the Combat Rescue Helicopter program.
Furthermore, it directed a report on the fielding and
training plan for the Air National Guard.
The House amendment contained no similar provision.
The House recedes.
Report on feasibility of multiyear contract for procurement
of JASSM-ER missiles (sec. 151)
The Senate bill contained a provision (sec. 143) that would
require the Air Force to submit a report assessing the
feasibility of entering into a multi-year contract for the
procurement of the JASSM-ER. The report requires the Air
Force to examine multi-year contract scenarios, including one
that is an annual quantity of 550 missiles for five years.
The conferees note that the Air Force quantity requirement
for the JASSM-ER has recently increased and that procurement
utilizing multi-year contracts versus annual contracts could
provide significant cost savings to the Air Force.
The House amendment contained no similar provision.
The House recedes.
Report on aircraft fleet of the Civil Air Patrol (sec. 152)
The House amendment contained a provision (sec. 127) that
would require the Secretary of the Air Force to submit a
report to the congressional defense committees not later than
90 days after the date of the enactment of this Act on the
Civil Air Patrol (CAP) that identifies and assesses the
suitability of the current CAP aircraft fleet size, types of
aircraft, and operating locations to meet mission
requirements.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress on the light attack aircraft initiative of
the Air Force (sec. 153)
The House amendment contained a provision (sec. 135) that
would authorize the Commander of the U.S. Special Operations
Command (USSOCOM) to procure light attack aircraft for Combat
Air Advisor mission support if a validated special operations
unique procurement requirement exists for USSOCOM.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that expresses a sense
of the Congress on the importance of USSOCOM and the
Secretary of the Air Force fully coordinating and
collaborating on the experimental activities associated with
the Air Force light attack aircraft initiative to inform
future activities for USSOCOM and the Department of the Air
Force regarding procurement of the light attack aircraft
platform.
The conferees understand USSOCOM has an operational need
and requirement for light attack aircraft for combat mission
advisor support and as such expect the Secretary of the Air
Force in coordination with the Commander of USSOCOM to
consider options to synchronize and leverage Light Attack
Aircraft experiments efforts to accelerate the procurement or
development of aircraft for supporting the Combat Air Advisor
mission requirements.
Subtitle E--Defense-Wide, Joint, and Multiservice Matters
Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program (sec. 161)
The House amendment contained a provision (sec. 131) that
would authorize the Secretary of Defense to procure economic
order quantities of material and equipment for the F-35
program. This section would also authorize the Secretary to
procure F-35 aircraft exceeding the quantity otherwise
authorized by this Act if procurement of additional aircraft
would not require additional funds to be authorized or
appropriated.
The Senate bill contained a similar provision (sec. 153)
that would authorize the Secretary of Defense to enter into
multiyear procurement contracts for F-35 aircraft in economic
order quantities for fiscal year 2021 (Lot 15) through fiscal
year 2023 (Lot 17).
The Senate recedes with an amendment that would remove the
requirement for the Secretary to provide the congressional
defense committees a separate business-case analysis
performed by the Office of the Director, Cost Assessment and
Program Evaluation.
The conferees also support procurement, by the Secretary of
Defense, of additional F-35A aircraft beyond the quantity of
F-35A aircraft authorized in this Bill, if such procurement
of additional aircraft would mitigate any negative cost and
schedule impacts for current F-35 program participants
resulting from the actions or decisions of foreign partners
or customers currently involved in the F-35 program.
Relief from contractors for failure to deliver ready-for-
issue spare parts for the F-35 aircraft program (sec.
162)
The House amendment contained a provision (sec. 134) that
would require the Secretary of Defense to seek compensation
from the contractor for costs related to the failure to
deliver ready-for-issue spare parts for the F-35 aircraft
program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would ensure
adequate relief from the prime contractors that delivered
noncompliant ready-for-issue spare parts.
Limitation on availability of funds for reallocation of
Turkish F-35A aircraft to the United States (sec. 163)
The conferees support the removal of the Government of
Turkey from the F-35 program due to its purchase of the S-400
Russian air defense system. As such, the conferees would
support procurement by the Department of Defense of all F-35A
aircraft procured by the Government of Turkey. The conferees
also encourage the Secretary of Defense to maximize the
procurement quantity of Turkish F-35A aircraft associated
with Lots 12, 13, or 14 during fiscal year 2020 using the
additional funds authorized in section 4101 of this Act.
Additionally, given the significant impact of the
sustainment and spare parts deficit currently within the F-35
program, the conferees emphasize the importance of fully
funding spare parts, ancillary mission equipment,
publications, and technical data required to sustain F-35
aircraft. Therefore, the conferees recommend a provision that
would require the Secretary of Defense to certify that these
necessary support equipment items will be procured prior to
taking possession of the Turkish F-35A aircraft, and
[[Page H9740]]
that any Turkish F-35A aircraft will be delivered to the U.S.
Air Force in a configuration that allows for integration into
the existing Air Force F-35A fleet.
Finally, the conferees direct the Secretary of the Air
Force, in consultation with the Undersecretary of Defense for
Acquisition and Sustainment and the F-35 Program Executive
Officer, to submit a report to the congressional defense
committees not later than March 1, 2020, that describes the
strategy and implementation plan associated with the
necessary funding and actions required during each phase to
produce, modernize, deliver, field, operate and sustain the
Turkish F-35A aircraft authorized to be procured by the
Department of Defense elsewhere in this Act.
Requirement to establish the use of an Agile DevOps software
development solution as an alternative for Joint Strike
Fighter Autonomic Logistics Information System (sec. 164)
The Senate bill contained a provision (sec. 142) that would
require the Secretary of Defense to establish an agile
software development activity as an alternative for the F-35
Autonomic Logistics Information System (ALIS) and would
direct the Secretary of the Defense, in coordination with the
Secretary of the Air Force, to brief the congressional
defense committees on the findings of the competitive
analysis no later than September 30, 2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to conduct a competitive analysis of the
performance and design architecture enhancement efforts
between the currently fielded ALIS, ALIS-Next, and the
Department of the Air Force agile development operations
Madhatter initiative efforts, including system technology
transition opportunities and timelines.
F-35 sustainment cost (sec. 165)
The Senate bill contained a provision (sec. 152) that would
require the F-35 Joint Program Office (JPO) to provide
sustainment cost data, as part of the quarterly briefings to
the congressional defense committees as required by section
155 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232).
The House amendment contained no similar provision.
The House recedes with clarifying amendments associated
with the specific timeline that achievable actions will be
implemented by the F-35 program to address sustainment-
related issues and that will reduce sustainment costs at a
more expedient pace.
Reports on the progress and performance of the F-35 aircraft
program (sec. 166)
The House amendment contained a provision (sec. 132) that
would require the Secretary of Defense to designate the F-35
Block 4 and Continuous Capability Development and Delivery
(C2D2) program as a major subprogram of the F 35 program in
accordance with Title 10, United States Code, section 2430a.
The amendment would also require the Comptroller General to
submit annually to the congressional defense committees a
report on various aspects of the F-35 Block 4 and C2D2
program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove the
requirement to designate the F-35 Block 4 and C2D2 program as
a major subprogram, but require the Secretary of Defense to
submit annually to the congressional defense committees an
integrated master schedule and past performance assessment
for each planned phase of Block 4 and C2D2 upgrades.
The conferees expect the Secretary of Defense to keep the
congressional defense committees fully and promptly informed
on the planning, cost, schedule, execution, fielding, and
programmatic risk associated with the Block 4 and C2D2
program.
Other reports on F-35 aircraft program (sec. 167)
The House amendment contained a provision (sec. 133) that
would require the Secretary of Defense to provide reports to
the congressional defense committees on F 35 reliability and
maintainability metrics, Block 4 capability development and
fielding activities, and modernization and upgrade plans for
the F 35 Autonomic Logistics Information System (ALIS).
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment that would
modify the information provided by the Undersecretary of
Defense for Research and Engineering, and by the Director,
Operational Test and Evaluation for the F-35 Block 4 Upgrade
and Continuous Capability Development and Delivery program.
Limitation on availability of funds for communications
systems lacking certain resiliency features (sec. 168)
The Senate bill contained a provision (sec. 151, as amended
by sec. 5151) that would prohibit funding of any current or
future Department of Defense (DOD) communications programs of
record that do not meet certain resiliency requirements.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Repeal of tactical unmanned vehicle common data link
requirement (sec. 169)
The Senate bill contained a provision (sec. 154) that would
strike section 141 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163).
The House amendment contained no similar provision.
The House recedes with a technical amendment.
The conferees understand that Department of Defense policy
will continue to prioritize commonality, open architecture,
and non-proprietary systems for current and emerging
platform, sensor, and weapons requirements. Repeal of this
provision should not be construed as tacit permission to
procure proprietary, unique data links for intelligence,
surveillance, and reconnaissance (ISR) systems. The conferees
expect the Under Secretary of Defense for Acquisition and
Sustainment to update the DoD CDL policy dated May 3, 2018,
as necessary to emphasize that program priorities, such as
the congressionally-mandated migration off the common data
link-To Be Sunset (TBS) waveforms, will proceed as previously
planned. Further, the conferees expect a detailed accounting
from USD A&S on plans to address data link requirements for
emerging ISR systems and concepts.
LEGISLATIVE PROVISIONS NOT ADOPTED
Sense of Senate on Army's approach to capability drops 1 and
2 of the Distributed Common Ground System-Army program
The Senate bill contained a provision (sec. 111) that
expressed the Sense of the Senate on the Army's approach to
Capability Drops 1 and 2 of the Distributed Common Ground
System-Army program.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note the significant progress that the Army
has made in deploying the Distributed Common Ground System-
Army. The transition to using capability drops and the
increased use of readily available technology integration
have improved program outcomes and accelerated deployment
timelines.
The conferees encourage program managers in other military
services and agencies of the Department of Defense to review
the Army's approach to determine whether that approach would
improve outcomes for their own Distributed Common Ground
System programs in accordance with the requirements of 10
U.S.C. 2377.
Report on plans to support and maintain aircraft at Marine
Corps air stations
The House amendment contained a provision (sec. 119) that
would require the Secretary of the Navy to submit a report on
the plans to support and maintain aircraft assigned to Marine
Corps air stations that are transitioning from F-18 Hornet
aircraft to the F-35 Lightning aircraft.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Navy to submit a
report to the congressional defense committees, not later
than 90 days after enactment of this Act, which details the
plans to support and maintain the F-35 aircraft at Marine
Corps air stations. The report shall include the number and
composition of squadrons assigned to each air station, the
required support and maintenance workforce including
uniformed military, civilian, and contract personnel needed
at each location, and the required construction and support
facilities associated with F-35 stationing at each air
station.
Capabilities based assessment for naval vessels that carry
fixed-wing aircraft
The Senate bill contained a provision (sec. 122) that would
require a capabilities based assessment for naval vessels
that carry fixed-wing aircraft.
The House amendment contained no similar provision.
The Senate recedes.
Modification of limitation on use of funds for KC-46A
aircraft
The House amendment contained a provision (sec. 122) that
would amend section 146 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), to limit the use of funds for KC-46A aircraft
pending submittal of certification, to include a military
flight release.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for RC-135 aircraft mission training
systems
The House amendment contained a provision (sec. 128) that
would increase funding for the RC-135 aircraft mission
training systems by $200.0 million.
The Senate bill contained no similar provision.
The House recedes.
The outcome is reflected in section 4103 of the Act.
Title II--Research, Development, Test, and Evaluation
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 201)
The Senate bill contained a provision (sec. 201) that would
authorize appropriations for research, development, test, and
evaluation at the levels identified in section 4201 of
division D of this Act.
The House amendment contained an identical provision (sec.
201).
The conference agreement includes this provision.
[[Page H9741]]
Subtitle B--Program Requirements, Restrictions, and Limitations
Program on enhancement of preparation of dependents of
members of Armed Forces for careers in science,
technology, engineering, and mathematics (sec. 211)
The House amendment contained a provision (sec. 211) that
would make section 233 of the Carl Levin and ``Howard P.
Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) permanent.
The Senate bill contained no similar provision.
The Senate recedes.
Updates to the Department of Defense personnel management
authority to attract experts in science and engineering
(sec. 212)
The House amendment contained a provision (sec. 212) that
would provide personnel management authorities through
December 31, 2024, to the Director of the Joint Artificial
Intelligence Center to facilitate the recruitment of
eminent experts in science or engineering.
The Senate bill contained no similar provision.
The Senate recedes with a technical/clarifying amendment.
Establishment of joint reserve detachment of the Defense
Innovation Unit (sec. 213)
The House amendment contained a provision (sec. 878F) that
would require the Secretary of Defense, in consultation with
the Secretaries of the military departments, to establish not
fewer than three joint reserve detachments at the Defense
Innovation Unit.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense, in consultation with the Secretaries of
the military departments, to establish joint reserve
detachments at Defense Innovation Unit locations. The
provision would also stipulate that assignment to a joint
reserve detachment shall not qualify as a joint duty
assignment.
The conferees encourage the Secretary of Defense to
establish joint reserve detachments at Defense Innovation
Unit locations and leverage the expertise, analysis, and
alternatives for innovation that members of the reserve can
provide, while simultaneously creating opportunities for
greater engagement and collaboration between the defense
innovation ecosystem, industry, and academia. The conferees
also encourage the Secretaries of the military departments to
provide additional opportunities for members of the reserve
to serve in joint reserve detachments at the Defense
Innovation Unit in order to utilize their relevant private
sector experience to advance the technology requirements of
the Department of Defense.
Research and educational programs and activities for
Historically Black Colleges and Universities and
Minority-Serving Institutions of Higher Education (sec.
214)
The House amendment contained a provision (sec. 871) that
would amend chapter 141 of title 10, United States Code, to
require the Department of Defense to ensure 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
section 2362 of title 10, United States Code, to allow the
Secretary of Defense to establish incentives to encourage
higher education institutions to collaborate with minority
institutions in support of defense-related research and
education.
The conferees note that another provision in this bill
directs the Secretary of Defense to commission an independent
study of defense research at historically black colleges and
universities and other minority institutions, which will
include recommendations on the development of incentives to
encourage research and educational collaborations.
Modification of authority for prizes for advanced technology
achievements (sec. 215)
The Senate bill contained a provision (sec. 239) that would
authorize the office of the Under Secretary of Defense for
Acquisition and Sustainment to award prizes as part of
competitions to develop or demonstrate technologies relevant
to defense missions.
The House amendment contained no similar provision.
The House recedes.
The conferees note the Defense Advanced Research Projects
Agency's and the Services' successful use of these types of
prize competitions, which have spurred the advancement of
robotics, driverless cars, and cybersecurity technologies.
Joint hypersonics transition office (sec. 216)
The House amendment contained a provision (sec. 213) that
would amend section 218 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
by directing the Department of Defense to establish a
coordinating office that standardizes the technical
priorities across the Department and provides discretionary
authorization of funding of new technologies for expeditious
transition to the service weapons systems.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Modification of proof of concept commercialization program
(sec. 217)
The Senate bill contained a provision (sec. 216) that would
make the commercialization pilot program authorized in
section 1603 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2359 note)
permanent.
The House amendment contained a similar provision (sec.
214).
The Senate recedes.
Modification of authority and addition of technology areas
for expedited access to technical talent (sec. 218)
The Senate bill contained a provision (sec. 235) that would
add rapid prototyping and infrastructure resilience to the
technical areas eligible for the rapid contracting processes
authorized under section 217 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
The House amendment contained no similar provision.
The House recedes with an amendment that would amend the
same section of law to require the Secretary of Defense to
direct the Secretaries of the military departments to
establish not fewer than three multi-institution task order
contracts, consortia, cooperative agreements, or other
arrangements to facilitate expedited access to university
technical expertise, including faculty, staff, and students,
within 180 days of the enactment of this Act. The amendment
would also add hypersonics to the technical areas eligible
for the rapid contracting process.
Expansion of coordination in support of national security
innovation and entrepreneurial education (sec. 219)
The House amendment contained a provision (sec. 249) that
would require the Under Secretary of Defense for Research and
Engineering, in consultation with the Director of the
Advanced Manufacturing Office of the Department of Energy, to
conduct a study on the feasibility and potential benefits of
establishing a lab-embedded entrepreneurial fellowship
program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add the
Department of Energy's lab-embedded entrepreneurship programs
to the list of national security innovation and
entrepreneurial education programs that the Secretary of
Defense may support.
Modification of defense quantum information science and
technology research and development program (sec. 220)
The Senate bill contained a provision (sec. 217) that would
amend section 234 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
by specifying a list of organizations to be consulted in
developing the research and investment plan required in that
section and by requiring the Department of Defense to
develop, in coordination with appropriate Federal entities, a
taxonomy for quantum science activities and requirements for
relevant technology and standards.
The House amendment contained a similar provision (sec.
230B).
The House recedes with an amendment that would: (1) Add a
list of organizations to be consulted with; (2) Require the
development of a taxonomy of quantum science activities; (3)
Add a section on quantum science research centers; and (4)
Add elements to the reporting requirement.
Understanding of investments in artificial intelligence and
development of capabilities by adversaries (sec. 221)
The Senate bill contained a provision (sec. 5203) that
would amend section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to require the official designated to coordinate the
Department of Defense's artificial intelligence activities to
examine relevant open source publications germane to
artificial intelligence research and development. The
provision would also require the Secretary of Defense to
provide to the congressional defense committees an analysis
on the comparative capabilities of the United States and
China in artificial intelligence.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
analysis from the provision.
The conferees direct the Secretary of Defense to provide to
the congressional defense committees an analysis and briefing
of comparative capabilities of China in artificial
intelligence by March 1, 2020. The analysis and briefing
shall consist of a comprehensive and national-level: (1)
Comparison of public and private investment differentiated by
sector and industry; (2) Review of current trends in ability
to set and determine global standards and norms for
artificial intelligence technology in national security,
including efforts in international standard setting bodies;
(3) Assessment of access to artificial intelligence
technology in national security; and (4) Assessment of areas
and activities in which the United States should invest in
order to provide the United States with technical superiority
over China in relevant areas of artificial intelligence. The
analysis and briefing should also include: (1) A
comprehensive assessment of the relative technical quality of
activities in the United States and China; (2) A
comprehensive assessment of the likelihood that developments
in artificial intelligence will successfully transition
into military systems of
[[Page H9742]]
China; (3) Predicted effects on United States national
security if current trends in China and the United States
continue; (4) Predicted effects of current trends in the
digital and technology export relationships of both
countries with existing and new trading partners; and (5)
An assessment of the relationships that are critical and
in need of development in the private and public sectors
to ensure that investment in artificial intelligence keeps
pace with that of global investment.
Advisory role of JASON scientific advisory group (sec. 222)
The House amendment contained a provision (sec. 215) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment,
to seek to enter into a contract to support the JASON
scientific advisory group.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
requirement for the Department of Defense's arrangement with
the JASON scientific advisory group to conduct national
security studies and analyses. The conferees expect the
arrangement or contract to be structured to allow for the
efficient management of multiple national security research
studies under one agreement with the Department and to be
available for use by other Federal agencies, similar to
previous contracts for JASON research studies.
Direct Air Capture and Blue Carbon Removal Technology Program
(sec. 223)
The Senate bill contained a provision (sec. 219) that would
require the Secretary of Defense, in coordination with the
Secretary of Homeland Security, the Secretary of Energy, and
the heads of other Federal agencies as deemed appropriate by
the Secretary of Defense, to carry out a program on the
research, development, testing, evaluation, study, and
demonstration of technologies related to blue carbon capture
and direct air capture.
The House amendment contained a similar provision (sec.
217).
The House recedes with a technical amendment.
Requiring defense microelectronics products and services meet
trusted supply chain and operational security standards
(sec. 224)
The Senate bill contained a provision (sec. 233) that would
require the Secretary of Defense to establish, by January 1,
2021, supply chain and operational security standards and
requirements for microelectronics and require the Department
of Defense to purchase microelectronics and related services
to the maximum practicable extent from providers that meet
these standards.
The House amendment contained a similar provision (sec.
230C).
The House recedes with an amendment that would: (1) Modify
the required purchase implementation date; (2) Clarify the
purchase requirement definition and specification; (3) Refine
the applicability statement; (4) Clarify that suppliers
should maintain the ability to sell commercially; and (5)
Clarify that the standards be comprised of best practices.
The conferees intend that by incorporating and
standardizing best practices the Department will improve its
acquisition of securely manufactured, commercially-available
products and ensure that a growing industrial base is more
resilient to a variety of risks in the supply chain. Relevant
best practices include those relating to: manufacturing
location; company ownership; workforce composition and access
during manufacturing; suppliers' design, sourcing,
manufacturing, packaging, and distribution processes; and
reliability of the supply chain. Rather than MIL-SPEC style
standards that would inhibit the Department's flexibility,
the standardization of best practices is intended to strike a
balance between security and the cost-effectiveness of
commercial solutions.
Development and acquisition strategy to procure secure, low
probability of detection data link network capability
(sec. 225)
The Senate bill contained a provision (sec. 211, as amended
by sec. 5211) that would require the Chief of Staff of the
Air Force (CSAF) and Chief of Naval Operations (CNO) to
develop a joint development and acquisition strategy to
procure a resilient, low latency, and low probability of
detection data link network capability that would enable
effective operation in the contested environments highlighted
in the National Defense Strategy.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that includes
the Chief of Staff of the Army as part of the requirement.
The conferees are concerned about an absence of coordinated
effort by the Department and the military services on
resilient, anti-jam, low probability of intercept/low
probability of detection (LPI/LPD) communications. The
conferees note that Congress previously directed a similar
strategy on LPI/LPD data links in the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
The Department's response was incomplete and inadequate,
recommending no change to current Department policy that
designates the F-35's Multifunction Advanced Data Link (MADL)
as the solution for 5th to 4th generation air platform
networked communications. Both the Navy and Air Force
acknowledge that the aircraft modifications needed to install
MADL are unaffordable at scale. A January 2019 memorandum
signed by all three service secretaries commits the military
services to common data standards to ensure interoperability
across the joint force. While this is a positive step, the
conferees believe progress on the specific LPI/LPD
communications issue requires additional leadership and
attention from both the Department and the military services.
The conferees expect a more comprehensive and executable
response to this legislative provision and subsequent
investment in the Fiscal Year 2021 budget submission.
Establishment of secure next-generation wireless network (5G)
infrastructure for the Nevada Test and Training Range and
base infrastructure (sec. 226)
The Senate bill contained a provision (sec. 212) that would
require the Secretary of Defense to establish a secure fifth
generation (5G) wireless network at the Nevada Test and
Training Range as part of the Department of Defense (DOD)
test infrastructure in order to provide an advanced cellular
range for the Department.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Administration of manufacturing innovation institutes funded
by the Department of Defense (sec. 227)
The Senate bill contained a provision (sec. 5206) that
would direct the Secretary of Defense to make changes to the
administration of centers for manufacturing innovation funded
by the Department of Defense and coordinate with other
activities.
The House amendment contained no similar provision.
The House recedes with technical amendments.
Research program on foreign malign influence operations (sec.
228)
The House amendment contained a provision (sec. 218) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, to
carry out a research program on foreign malign influence
operations as part of the university and other basic research
programs of the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense, acting through the Under Secretary
of Defense for Research and Engineering, to carry out a
research program on foreign malign influence operations as
part of the university research programs of the Department of
Defense. Further, the provision would require the Secretary
to submit to the congressional defense committees a
notification not less than 30 days prior to initiating such a
program.
Diversification of the research and engineering workforce of
the Department of Defense (sec. 229)
The House amendment contained a provision (sec. 222) that
would require the Secretary of Defense: (1) To assess
critical skillsets required in the Department of Defense's
science, technology, research, and engineering workforce to
support emerging and future warfighter technologies,
including an analysis of the recruitment, retention, and
representation of minorities and women in the current
workforce and geographic diversity; and (2) To develop and
implement a plan to diversify and strengthen the Department's
science, technology, research, and engineering workforce
using existing programs and authorities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
Include support from the Under Secretary of Personnel and
Readiness for the assessment; (2) Specify the scope of the
assessment as the research and engineering workforce of the
Department of Defense; (3) Modify the elements required in
the assessment; and (4) Require consultation with the
Secretaries of the military departments in the development of
the plan.
Policy on the talent management of digital expertise and
software professionals (sec. 230)
The House amendment contained a provision (sec. 223) that
would create a Chief Digital Engineering Recruitment and
Management Officer at the Department of Defense responsible
for promoting and maintaining digital expertise and
software development as core competencies for civilian and
military employees at the Department of Defense.
The Senate bill contained a similar provision (sec. 517).
The Senate recedes with an amendment that would authorize
the Secretary of Defense to appoint a Chief Digital
Engineering Recruitment and Management Officer. The amendment
would also require an implementation plan describing how the
Department of Defense will execute its policy to promote and
maintain digital expertise and software development as core
competencies of the civilian and military workforce.
The conferees encourage the Secretary of Defense to include
in the implementation plan required by this section the
following: (1) An assessment of progress made in recruiting
an individual to serve as the Chief Digital Engineering
Recruitment and Management Officer; (2) A timeline for
implementation of the policy required by this section; and
(3) Recommendations for any legislative or administrative
action needed to meet the requirements of this section.
[[Page H9743]]
Digital engineering capability to automate testing and
evaluation (sec. 231)
The House amendment contained a provision (sec. 224) that
would direct the Under Secretary of Defense for Research and
Engineering and the Director of Operational Test and
Evaluation to establish a digital engineering capability to
serve as the foundation for automated approaches to software
testing and evaluation and to establish a pilot to
demonstrate whether such testing could satisfy developmental
and operational test requirements; that would direct
associated changes to policies and guidance for both efforts;
and that would require an initial report regarding these
activities to be submitted to the congressional defense
committees not later than 90 days after enactment.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would further
elaborate the governance process and that would further
define the scope of the demonstration and selection of
programs to participate, as well as clarifying amendments to
the roles and responsibilities of officials and organizations
and technical amendments to the reporting requirements.
The conferees believe that establishing a digital
engineering capability is critical to accelerating the
adoption of best practices in the use of software to model
and simulate complex system behavior to assess potential
effects of proposed hardware or software engineering changes
on system performance. Further, the conferees note the
significant potential value of digital engineering capability
for automating developmental and operational test and
evaluation, and especially where a weapon or business system
is software-defined and is developed using agile or secure
continuous development/continuous delivery methods.
Process to align policy formulation and emerging technology
development (sec. 232)
The House amendment contained a provision (sec. 225) that
would require the Secretary of Defense to establish a
process, not later than 180 days after the date of the
enactment of this Act, 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.
The Senate bill contained no similar amendment.
The Senate recedes with an amendment that would: (1) Modify
the elements required for the process; (2) Modify the
required report to a briefing; and (3) Modify definitions.
Improvement of the Strategic Capabilities Office of the
Department of Defense (sec. 233)
The House amendment contained a provision (sec. 226) that
would limit the ability of the Secretary of Defense to
transfer the functions of the Strategic Capabilities Office
(SCO) to another organization or element of the Department
unless certain conditions are met.
The Senate bill contained a similar provision (sec. 905)
that would prohibit any reorganization to the Department of
Defense (DOD) that would impact SCO until the Chief
Management Officer provides to the congressional defense
committees a report assessing the impacts of such an
organizational change.
The Senate recedes with a clarifying amendment.
Pilot program on enhanced civics education (sec. 234)
The House amendment contained a provision (sec. 238) that
would require that the Secretary of Defense carryout 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to carry out a pilot program to provide
enhanced educational support and funding to Department of
Defense Education Activity schools and schools with a Junior
Reserve Officers' Training Corps unit for the improvement of
civics education programs.
Technology and national security fellowship (sec. 235)
The Senate bill contained a provision (sec. 218) that would
require the Secretary of Defense to establish a technology
and national security fellowship for individuals who possess
an undergraduate or graduate degree that focuses on science,
technology, engineering, or mathematics coursework.
The House amendment contained a provision (sec. 239) that
would authorize the establishment of a similar fellowship.
The House recedes with an amendment that would: (1) Add
individuals with an associate's degree; (2) Include an
experience requirement for fellows who will be assigned to a
congressional office; (3) Modify the entities specified for
coordination; and (4) Give the Department of Defense
discretion in establishing the fellowship program.
Documentation relating to the Advanced Battle Management
System (sec. 236)
The House amendment contained a provision (sec. 220) that
would require the Secretary of the Air Force to provide
program documentation for the Advanced Battle Management
System (ABMS) family of systems.
The Senate bill contained a similar provision (sec. 215)
that would express the sense of the Senate on the Air Force's
approach to the ABMS.
The Senate recedes with an amendment that would require the
Secretary of the Air Force to provide a report on the ABMS
family of systems that includes a list of activities,
programs, and projects related to ABMS, the final analysis of
alternatives for ABMS, and an analysis of the requirements
and development schedule for the networked architecture
necessary for multidomain command and control and battle
management as part of the ABMS family of systems.
The conferees understand this concept, the Advanced Battle
Management System family of systems, envisions several
existing airborne and ground intelligence, surveillance, and
reconnaissance (ISR) and command and control systems
connected by resilient, protected communications and data
links. Given the intended capability of ABMS, the conferees
believes the Air Force should consider prototyping and
demonstrating the utility of artificial intelligence and
automated sensor fusion as part of the ABMS concept.
Sensor data integration for fifth generation aircraft (sec.
237)
The House amendment contained a provision (sec. 219) that
would require the Secretary of Defense to ensure fifth
generation aircraft such as the F -35, F -22, and B -21 can
share and disseminate data collected by on-board sensors with
other joint service users and platforms.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress on future vertical lift technologies (sec.
238)
The House amendment contained a provision (sec. 230A) that
expressed the Sense of Congress that the Army should continue
to invest in research, development, test, and evaluation
programs to mature future vertical lift technologies.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Use of funds for Strategic Environmental Research Program,
Environmental Security Technical Certification Program,
and Operational Energy Capability Improvement (sec. 239)
The Senate bill contained a provision (sec. 240) that would
require the Secretary of Defense to expend specific amounts
appropriated for fiscal year 2020 for the Strategic
Environmental Research Program, Operational Energy Capability
Improvement Fund, and Security Technical Certification
Program.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
use of funds for fiscal year 2020 and clarify that the
account be executed through the Under Secretary of Defense
for Acquisition and Sustainment.
Limitation and report on Indirect Fire Protection Capability
Increment 2 capability (sec. 240)
The Senate bill contained a provision (sec. 213, as amended
by sec. 5213) that would prohibit the obligation or
expenditure of any funds for fiscal year 2020 for the Army's
Indirect Fire Protection Capability Increment 2 (IFPC Inc 2)
enduring capability program until the Secretary of the Army
submits a report to the congressional defense committees
addressing several issues related to the program. The
provision would also require the Secretary of the Army to
identify a program of record in the President's budget
request for fiscal year 2021 that addresses the Army's
responsibility to provide the capability to defend against
supersonic cruise missiles.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
obligation or expenditure of not more than 50 percent of
funds for the IFPC Inc 2 program, including both enduring and
interim capability, subject to submission of the report,
including an assessment of the results of the performance,
test, evaluation, integration, and interoperability of the
first two batteries procured for the interim capability. The
amendment would also require that the Secretary of Defense
submit to the congressional defense committees a notification
identifying the military services or agencies that will be
responsible for the conduct of air and missile defense in
support of joint campaigns as it applies to defense against
current and emerging missile threats, including against each
class of cruise missile.
Subtitle C--Plans, Reports, and Other Matters
Master plan for implementation of authorities relating to
science and technology reinvention laboratories (sec.
251)
The House amendment contained a provision (sec. 231) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, to
provide a master plan to the congressional defense committees
by October 30, 2020, as to how the Department of Defense will
use its current authorities and responsibilities established
in previous National Defense Authorization Acts to modernize
the workforce and capabilities of its science and technology
reinvention laboratories.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
Require the Secretary of Defense and each of the Secretaries
of the military departments to develop the master
[[Page H9744]]
plan; (2) Modify the elements required in the plan; and (3)
Modify the reporting requirements.
Infrastructure to support research, development, test, and
evaluation missions (sec. 252)
The House amendment contained a provision (sec. 232) that
would require the Secretary of Defense, in consultation with
the Secretaries of the military departments, to develop and
implement a master plan that addresses the research,
development, test, and evaluation infrastructure and
modernization requirements of the Department of Defense, to
include the science and technology reinvention laboratories
and the Major Range and Test Facility Bases.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
Require consultation with the Secretaries of the military
departments; (2) Modify the elements of the plan; and (3)
Require prioritization of unfunded requirements for
laboratory military construction projects.
Energetics plan (sec. 253)
The Senate bill contained a provision (sec. 5201) that
would require the Under Secretary of Defense for Research and
Engineering to develop an energetics research and development
plan to ensure a long-term, multi-domain research,
development, prototyping, and experimentation effort.
The House amendment contained no similar provision.
The House recedes.
Strategy and implementation plan for fifth generation
information and communications technologies (sec. 254)
The Senate bill contained a provision (sec. 236) that would
express the sense of the Senate on the importance of secure
fifth-generation (5G) wireless networks for the Department of
Defense and would require the Secretary of Defense to provide
quarterly briefings to the congressional defense committees
on Department of Defense activities to develop and utilize
secure 5G wireless networking technology.
The House amendment contained a provision (sec. 233) that
would require the Secretary of Defense to develop and
implement a strategy for 5G information and communications
technologies not later than 270 days after the date of the
enactment of this Act and to provide a briefing to the
congressional defense committees not later than 180 days
after the date of the enactment of this Act on the progress
made in developing the strategy.
The Senate recedes with an amendment that would: (1) Modify
elements of the required strategy; and (2) Add periodic
briefings on the development and implementation of the
strategy.
Department-wide software science and technology strategy
(sec. 255)
The House amendment contained a provision (sec. 234) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, to
designate a senior official or existing entity within the
Department of Defense with the principal responsibility for
guiding the direction of research and development for next
generation software and software intensive systems for the
Department. This provision would also require that the
designated senior official or entity develop a strategy for
research and development of the next generation software and
software intensive systems and submit the strategy to the
congressional defense committees not later than 1 year after
the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand the
scope of the activities assigned under a senior official and
associated scope of the strategy, to include foundational
research, technical workforce and infrastructure, software
acquisition, and software dependent missions; and further an
amendment that would expand the strategy to incorporate
activities in certain organizations to include universities,
federally funded research and development centers and other
entities.
Artificial intelligence education strategy (sec. 256)
The House amendment contained a provision (sec. 235) that
would require the Secretary of Defense to develop a strategy
which identifies the key aspects, applications, and
challenges associated with artificial intelligence that can
be developed into an educational curriculum for military
servicemembers who utilize the technology in the execution of
their responsibilities. This provision would also require the
development of an implementation plan for the educational
curriculum and would mandate that the Department of Defense
provide the Artificial Intelligence (AI) Education Strategy
and the associated implementation plan to the congressional
defense committees not later than 270 days after the date of
the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop a strategy and implementation
plan for educating servicemembers in relevant occupational
fields on matters relating to artificial intelligence.
The conferees note that the implementation plan required by
this provision should identify the following, as applicable:
(1) The military occupational specialties that are most
likely to involve interaction with AI technology; (2) The
specific occupational specialties that will receive training
in accordance with the planned curriculum; (3) The planned
duration of AI training; (4) The context in which the
training will be provided; (5) Metrics for evaluating the
effectiveness of the training and curriculum; and (6) Any
other issues the Secretary of Defense determines to be
relevant.
Cyber science and technology activities roadmap and reports
(sec. 257)
The Senate bill contained a provision (sec. 232) that would
require the Under Secretary of Defense for Research and
Engineering to develop a roadmap for the science and
technology activities of the Department of Defense in support
of the Department's cyber needs and missions.
The House amendment contained no similar provision.
The House recedes with an amendment that would add the rest
of the Federal government to the list of entities to be
consulted.
Report on B-52 commercial engine replacement program (sec.
258)
The House amendment contained a provision (sec. 221) that
would limit funds for the B-52 commercial engine replacement
program until the Secretary of the Air Force submits a
capability development document and a signed test and
evaluation master plan.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Commercial edge computing technologies and best practices for
Department of Defense warfighting systems (sec. 259)
The Senate bill contained a provision (sec. 5207) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to report to the congressional defense
committees on commercial edge computing technologies and best
practices for Department of Defense warfighting systems.
The House amendment contained no similar provision.
The House recedes.
Biannual report on the Joint Artificial Intelligence Center
(sec. 260)
The House amendment contained a provision (sec. 236) that
would require the Secretary of Defense to submit biannually
a report on the Joint Artificial Intelligence Center and
its efforts to harmonize the Department's work on
artificial intelligence issues.
The House amendment contained another provision (sec. 1078)
that would require the Secretary of Defense, in consultation
with head of the Joint Artificial Intelligence Center, to
submit to the appropriate congressional committees a report
on the artificial intelligence strategy of the Department of
Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would combine the
reports into a single report and modify the required elements
therein.
Quarterly updates on the Optionally Manned Fighting Vehicle
program (sec. 261)
The House amendment contained a provision (sec. 237) that
would require the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology in consultation with
the Commander of the Army Futures Command to provide
quarterly reports to the Committee on Armed Services of the
House of Representatives on the progress of the Optionally
Manned Fighting Vehicle program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
National Study on Defense Research at Historically Black
Colleges and Universities and Other Minority Institutions
(sec. 262)
The House amendment contained a provision (sec. 240) that
would establish an independent Federal commission to advance
the research capability of Historically Black Colleges and
Universities and other Minority Institutions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
provision to require the Secretary of Defense to commission
an independent National Academies of Sciences, Engineering,
and Medicine study to review the state of defense research at
covered institutions. The provision would also require the
Department of Defense to develop an implementation plan in
response to the recommendations of the study.
Study on national security emerging biotechnologies for the
Department of Defense (sec. 263)
The Senate bill contained a provision (sec. 231) that would
require the Secretary of Defense to develop a coordinated
research program in emerging biotechnologies.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
provision into a requirement for the Secretary of Defense to
direct the Defense Science Board to study the national
security aspects of emerging biotechnologies. The provision
would also require a briefing on emerging biotechnology-based
threats.
Independent study on optimizing resources allocated to
Combating Terrorism Technical Support Office (sec. 264)
The Senate bill contained a provision (sec.237) that would
require, not later than
[[Page H9745]]
March 1, 2020, the transfer of responsibilities for the
authority, direction, and control of the Combating Terrorism
Technical Support Office (CTTSO) from the Assistant Secretary
of Defense for Special Operations and Low-Intensity Conflict
to the Under Secretary of Defense for Research and
Engineering.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to seek to enter into a contract with a
federally funded research and development center to conduct a
study on the optimal use of resources allocated to the CTTSO.
Independent assessment of electronic warfare plans and
programs (sec. 265)
The House amendment contained a provision (sec. 216) that
would require the Secretary of Defense to 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to engage the scientific advisory group
known as JASON in order to carry out an independent
assessment of electronic warfare plans and programs.
Technical correction to Global Research Watch Program (sec.
266)
The Senate bill contained a provision (sec. 234) that would
make a technical correction to section 2365 of title 10,
United States Code, related to the Global Research Watch
Program.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Electromagnetic spectrum sharing research and development
program
The Senate bill contained a provision (sec. 214) that would
require the Secretary of Defense, in consultation with the
Administrator of the National Telecommunications and
Information Administration and the Federal Communications
Commission, to establish an electromagnetic spectrum sharing
research and development program for fifth-generation
wireless network technologies, Federal systems, and non-
Federal incumbent systems that would focus on expanding
sharing of electromagnetic spectrum.
The House amendment contained no similar provision.
The Senate recedes.
Sense of Congress on the importance of continued coordination
of studies and analysis research of the Department of
Defense
The House amendment contained a provision (sec. 227) that
would express the sense of Congress on the importance of the
continued coordination of studies and analysis research of
the Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the responsibilities of the Under
Secretary of Defense for Research and Engineering in
supervising all defense research and engineering, technology
development, transition, prototyping, experimentation, and
development testing activities, including unifying these
efforts across the Department and the Services. The conferees
understand the importance of coordinating these activities to
prevent duplication of effort while also preserving the
service-specific applications of research and engineering
activities.
Musculoskeletal injury prevention research
The House amendment contained a provision (sec. 229) that
would require the Secretary of Defense to conduct a
musculoskeletal research program to identify risk factors for
musculoskeletal injuries among servicemembers.
The Senate bill contained no similar provision.
The House recedes.
STEM jobs action plan
The House amendment contained a provision (sec. 230) that
would require the Secretary of Defense to develop a plan of
action to ensure the Department of Defense has access to
personnel with necessary qualifications and experience in
science, technology, engineering, and mathematics.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that jobs in science, technology,
engineering, and math (STEM) make up a significant portion of
the workforce of the Department of Defense. These jobs exist
with the organic industrial base, research, development, and
engineering centers, life-cycle management commands, and
logistics centers of the Department. The conferees urge the
Secretary of Defense to take decisive action to replace STEM
personnel as they retire to ensure that the military does not
suffer a skills and knowledge gap.
Briefing on cooperative defense technology programs and risks
of technology transfer to China or Russia
The Senate bill contained a provision (sec. 238) that would
require a briefing relates to cooperative defense technology
programs the risks of technology transfer.
The House amendment contained no similar provision.
The Senate recedes.
Not later than March 1, 2020, the conferees direct the
Secretary of Defense, in consultation with the Director of
National Intelligence, to provide the congressional defense
committees a briefing, and documents as appropriate, on
current cooperative defense technology programs of the
Department of Defense with any country the Secretary assess
to be engage in significant defense or other advanced
technology cooperation with the People's Republic of China or
the Russian Federation. The briefing shall address: whether
any current cooperative defense technology programs of the
Department of Defense increase the risk of technology
transfer to the People's Republic of China or the Russian
Federation; what actions the Department of Defense has taken
to mitigate the risk of technology transfer to the People's
Republic of China or the Russian Federation with respect to
current cooperative defense technology programs; and such
recommendations as the Secretary may have for legislative or
administrative action to prevent technology transfer to the
People's Republic of China or the Russian Federation with
respect to current or prospective cooperative defense
technology programs, especially as it relates to capabilities
the Secretary assesses to be critical to maintain or
restore the comparative military advantage of the United
States.
Increase in funding for basic operational medical research
science
The House amendment contained a provision (sec. 241) that
would authorize an increase in funding for basic operational
medical research in the Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
Funding for the Sea-Launched Cruise Missile-Nuclear analysis
of alternatives
The Senate bill contained a provision (sec. 241) that would
increase the amount authorized for the nuclear sea-launched
cruise missile analysis of alternatives by $5.0 million, and
would establish a program of record for this system.
The House amendment contained no similar provision.
The Senate recedes.
Increase in funding for university research initiatives
The House amendment contained a provision (sec. 242) that
would increase the funding table authorization for research,
development, test, and evaluation, Army, basic research,
university research initiatives, line 003 (PE 0601103A),by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Defense-wide, operating forces,
Special Operations Command management/operational
headquarters, line 080, by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Review and assessment pertaining to transition of Department
of Defense-originated dual-use technology
The Senate bill contained a provision (sec. 242) that would
require the Under Secretary of Defense for Research and
Engineering to assess the Department of Defense (DOD) science
and technology enterprise's policies and programs regarding
intellectual property and commercialization and the potential
for alternative contracting policies and strategies to
facilitate innovation.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Under Secretary of Defense for
Research and Engineering to enter into an arrangement with a
university business school or law school with resident
economics and intellectual property expertise to conduct an
independent assessment of the Defense Advanced Research
Projects Agency's and defense laboratories' contracting and
intellectual property management policies and their effects
on the commercialization of and innovation in dual-use
technology. The assessment shall evaluate: (1) Whether
current DOD policies and practices concerning intellectual
property and government-purpose rights and licenses, in
conjunction with current intellectual property law and its
practice, limit commercialization and innovation in dual use-
technology; and (2) Alternative policy options to accelerate
commercialization and innovation in dual-use technology. The
policy options to be evaluated should include at a minimum:
(1) The DOD's retention, via contractual mechanisms, of
intellectual property currently retained by contractors; (2)
The DOD's use of prize-based competitions, research-as-a-
service contracts, and government-funded grants to fund
science and technology activities while retaining the
intellectual property developed through those activities; (3)
The incorporation of price ceilings for commercial products
and licenses and commercial sale mandates in DOD contracts to
discourage selective commercial hoarding; (4) Expansions or
modifications to government purpose rights; and (5) Programs
and policy to make DOD intellectual property, including that
originating from research and development conducted in
Department laboratories, more discoverable or available to
the private sector.
No later than January 1, 2021, the university business
school or law school should submit a report on the assessment
to the Secretary of Defense with any recommendations for
changes to statute, regulations, or policy. No later than
February 1, 2021, the Secretary of Defense shall deliver the
report to the Committees on Armed Services of the
[[Page H9746]]
Senate and House of Representatives along with any relevant
Department of Defense comments or recommendations.
Quantum Information Science Innovation Center
The House amendment contained a provision (sec. 243) that
would require the Secretary of Defense to establish a Quantum
Information Science Innovation Center to accelerate the Air
Force's research and development in quantum information
science. The provision would also increase the funding table
authorization for research, development, test, and
evaluation, Air Force, applied research, dominant information
sciences and methods, line 014, by $10.0 million and decrease
the funding table authorization for operation and
maintenance, Defense-wide, operating forces, Special
Operations Command Operational Support, line 090, by $10.0
million.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the modification of the existing
authorization of a Defense Quantum Information Science and
Technology Research and Development Program elsewhere in this
bill. The conferees note that the Defense Quantum Information
Science and Technology Research and Development Program
includes the authority for each of the Secretaries of the
military departments to establish or designate a Quantum
Science Research Center.
Increase in funding for Naval University Research Initiatives
The House amendment contained a provision (sec. 244) that
would increase the funding table authorization for research,
development, test, and evaluation, Navy, basic research,
University Research Initiatives, line 001 (PE 0601103N), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Defense-wide, operating forces,
Special Operations Command Theater Forces, line 100, by $5.0
million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for university and industry research
centers
The House amendment contained a provision (sec. 245) that
would increase the funding table authorization for research,
development, test, and evaluation, Army, basic research for
university and industry research centers, line 004 (PE
0601104A), by $5.0 million and decrease the funding table
authorization for operation and maintenance, Air Force,
operational systems development, AF integrated personnel and
pay system (AF-IPPS), line 158 (PE 0605018F), by $5.0
million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for national security innovation capital
The House amendment contained a provision (sec. 246) that
would increase the funding table authorization for research,
development, test, and evaluation, Defense-wide, for Defense
Innovation Unit Prototyping by $75.0 million and decrease the
funding table authorization for research, development, test,
and evaluation, Defense-wide, advanced component development
and prototypes, advanced innovative technologies, line 096
(PE 0604250D8Z), by $75.0 million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for Air Force University Research
Initiatives
The House amendment contained a provision (sec. 247) that
would increase the funding table authorization for research,
development, test, and evaluation, Air Force, basic research,
University Research Initiatives, line 002 (PE 0601103F), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Defense-wide, operating forces,
Special Operations Command Theater Forces, line 100, by $5.0
million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for Naval University Research Initiatives
The House amendment contained a provision (sec. 248) that
would increase the funding table authorization for Navy basic
research, University Research Initiatives, line 001 (PE
0601103N), by $5.0 million and decrease the funding table
authorization for operation and maintenance, Defense-wide,
operating forces, Special Operations Command Theater Forces,
line 100, by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Independent study on threats to United States national
security from development of hypersonic weapons by
foreign nations
The House amendment contained a provision (sec. 250) that
would require the Secretary of Defense to enter into a
contract with a federally funded research and development
center in order to conduct a study on the development of
hypersonic weapons capabilities by foreign nations.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the development of hypersonic
weapons is a critical national interest as highlighted in the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (sec. 247) and encourages the Department
of Defense to accelerate testing and development of
hypersonic capabilities and technology.
Report on innovation investments and management
The House amendment contained a provision (sec. 251) that
would require the Under Secretary of Defense for Research and
Engineering to submit, not later than December 31, 2019, to
the congressional defense committees a report on the efforts
of the Department of Defense to improve innovation
investments and management.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for
Research and Engineering, not later than December 31, 2019,
to provide to the Committees on Armed Services of the Senate
and House of Representatives a report on the efforts of the
Department of Defense to improve innovation investments and
management.
The report shall include an explanation of the following:
(1) How incremental and disruptive innovation investments for
each military department are defined; (2) How such
investments are assessed; and (3) Whether the Under Secretary
has defined a science and technology management framework
that emphasizes the greater use of existing flexible
approaches to more quickly initiate and discontinue projects
to respond to the rapid pace of innovation, incorporates
acquisition stakeholders into technology development programs
to ensure that they are relevant to customers, and promotes
advanced prototyping of disruptive technologies within the
defense labs so that the science and technology community can
evaluate the effectiveness of these technologies and
applications in future acquisition programs.
Increase in funding for Army University Research Initiatives
The House amendment contained a provision (sec. 253) that
would increase the funding table authorization for Army basic
research, University Research Initiatives, Line 003 (PE
0601103A), by $5.0 million and decrease the funding table
authorization for research, development, test, and
evaluation, Army, system development and demonstration,
integrated personnel and pay system-Army (IPPS-A), Line 143
(PE 0605018A), by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Funding for anti-tamper heterogenous integrated
microelectronics
The House amendment contained a provision (sec. 254) that
would increase the funding table authorization for research,
development, test, and evaluation, Defense-wide, advanced
technology development, defense-wide manufacturing science
and technology program, line 047 (PE 0603680D8Z), by $5.0
million and decrease the funding table authorization for
other procurement, Army, elect equip-automation, general fund
enterprise business systems fam, line 114, by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Briefing on use of blockchain technology for defense purposes
The House amendment contained a provision (sec. 255) that
would require the Under Secretary of Defense for Research and
Engineering to provide, no later than 180 days after the
enactment of this Act, to the congressional defense
committees a briefing on the potential use of distributed
ledger technology for defense purposes.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for
Research and Engineering to provide, not later than 180 days
after the date of the enactment of this Act, to the
congressional defense committees a briefing on the potential
use of distributed ledger technology for defense purposes.
This briefing shall include an explanation of how distributed
ledger technology may be used by the Department of Defense
to: (1) Improve cybersecurity, beginning at the hardware
level, of vulnerable assets such as energy, water, and
transport grids through distributed versus centralized
computing; (2) Reduce single points of failure in emergency
and catastrophe decision-making by subjecting decisions to
consensus validation through distributed ledger technologies;
(3) Improve the efficiency of defense logistics and supply
chain operations; (4) Enhance the transparency of procurement
auditing; and (5) Allow innovations to be adapted by the
private sector for ancillary uses. The briefing shall also
include any other information that the Under Secretary of
Defense for Research and Engineering determines to be
appropriate.
Efforts to counter manipulated media content
The House amendment contained a provision (sec. 256) that
would direct the Secretary of Defense not later than 180 days
after the date of the enactment of this Act to provide a
briefing to the congressional defense committees on
Department of Defense (DoD) initiatives to identify and
address manipulated media content, specifically
``deepfakes.''
[[Page H9747]]
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense not later
than 180 days after the date of the enactment of this Act to
provide a briefing to the congressional defense committees on
initiatives of the DoD to identify and address, as
appropriate and as authorized in support of DoD operations,
manipulated media content, specifically ``deepfakes.'' The
briefing shall include, at a minimum:
1) A description of the status of efforts to develop
technology to identify manipulated content impacting the
national security of the United States;
2) A description of any challenges to detecting, labeling,
and preventing foreign actors' manipulation of images and
video impacting national security;
3) A description of any plans to make ``deepfake''
detection technology available to the public and other
Federal agencies for use in identifying manipulated media;
4) A description of any efforts by DoD to engage academia
and industry stakeholders to combat deliberately manipulated
or deceptive information from state and non-state actors on
social media platforms impacting operations overseas;
5) An assessment of the ability of adversaries to generate
``deepfakes'';
6) Recommendations for a long-term transition partner
organization for ongoing research programs; and
7) Any other matters the Secretary deems relevant.
Additional amounts for research, development, test, and
evaluation
The Senate bill contained a provision (sec. 5204) that
would increase the funding table authorization for research,
development, test, and evaluation, Defense-wide, Information
Systems Security Program (PE 0303140D8Z), by $25.0 million.
The provision would also increase the funding table
authorization for research, development, test, and
evaluation, Navy, University Research Initiatives (PE
0601103N), by $5.0 million. Finally, the provision would
decrease the funding table authorization for the Defense
Health Program's procurement program, the Department of
Defense Healthcare Management System Modernization, by $30.0
million.
The House amendment contained no similar provision.
The Senate recedes.
Briefing on explainable artificial intelligence
The Senate bill contained a provision (sec. 5205) that
would require the Secretary of Defense to brief the
congressional defense committees on the development and
applications of explainable artificial intelligence, defined
as artificial intelligence that has the ability to
demonstrate the rationale behind its decisions in order for
its human user to comprehend and characterize the strengths
and weaknesses of its decision-making process as well as to
understand how it will behave in the future in the contexts
in which it is used.
The House amendment contained no similar provision.
The Senate recedes.
The committees direct the Secretary of Defense to brief, no
later than 180 days after the date of the enactment of this
Act, the congressional defense committees on the development
and applications of explainable artificial intelligence. The
briefing shall address or include: (1) The extent to which
the Department of Defense currently uses and prioritizes
explainable artificial intelligence; (2) The limitations of
explainable artificial intelligence and the plans of the
Department to address those limitations; (3) The future plans
of the Department to require explainable artificial
intelligence, particularly in technologies that have
warfighting applications; (4) Any potential roadblocks to the
effective deployment of explainable artificial intelligence
across the Department; (5) Identification and descriptions of
programs and activities, including funding and schedule, to
develop or procure explainable artificial intelligence to
meet defense requirements and technology development goals;
and (6) Such other matters that the Secretary considers
appropriate. The briefing shall be unclassified but may
include a classified supplement.
Title III--Operation and Maintenance
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 301)
The Senate bill contained a provision (sec. 301) that would
authorize appropriations for operation and maintenance
activities at the levels identified in section 4301 of
division D of this Act.
The House amendment contained an identical provision (sec.
301).
The conference agreement includes this provision.
Subtitle B--Energy and Environment
Timeline for Clearinghouse review of applications for energy
projects that may have an adverse impact on military
operations and readiness (sec. 311)
The House amendment contained a provision (sec. 311) that
would amend section 183a of title 10, United States Code, to
allow the Military Aviation and Installation Assurance
Clearinghouse 90 days to conduct its preliminary review of
applications for an energy project.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Military Aviation and Installation Clearinghouse 75 days to
conduct its preliminary review.
Authority to accept contributions of funds from applicants
for energy projects for mitigation of impacts on military
operations and readiness (sec. 312)
The House amendment contained a provision (sec. 313) that
would amend section 183a of title 10, United States Code, to
allow the Secretary of Defense to accept voluntary
contribution of funds from an applicant for an energy
project.
The Senate bill contained no similar provision.
The Senate recedes.
Use of proceeds from sale of recyclable materials (sec. 313)
The House amendment contained a provision (sec. 326) that
would amend section 2577(c) of title 10, United States Code,
by striking ``$2,000,000'' and inserting ``$10,000,000''.
The Senate bill contained no similar provision.
The Senate recedes.
Disposal of recyclable materials (sec. 314)
The House amendment contained a provision (sec. 327) that
would amend section 2577(a) of title 10, United States Code,
by defining the term `recyclable materials' to include any
quality recyclable material provided to the Department by a
State or local government entity.''
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Office of the Secretary of Defense to authorize the
recyclable material provided to the Department by a State or
local government entity.
Department of Defense improvement of previously conveyed
utility systems serving military installations (sec. 315)
The House amendment contained a provision (sec. 314) that
would amend section 2688 of title 10, United States Code, by
authorizing the use of military construction funding to
support improvements to the reliability, resiliency,
efficiency, physical security, or cybersecurity of a conveyed
utility system.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard (sec. 316)
The Senate bill contained a provision (sec. 319) that would
establish environmental restoration accounts for the Army
National Guard and the Air National Guard.
The House amendment contained a similar provision (sec.
315) that would amend section 2707 of title 10, United States
Code, to allow the Chief of the National Guard Bureau to
access Defense Environmental Remediation Account funds for
the limited purpose of addressing perfluorooctanoic acid and
perfluorooctane sulfonate exposure and contamination
resulting from National Guard activities in and around
National Guard bases. This authority would sunset 5 years
after the date of the enactment of this Act.
The Senate recedes with an amendment that would eliminate
the 5 year sunset.
Use of operational energy cost savings of Department of
Defense (sec. 317)
The Senate bill contained a provision (sec. 311) that would
amend section 2912 of title 10, United States Code, to
require that operational energy cost savings realized by the
Department of Defense be used for the implementation of
additional operational energy cost saving methods.
The House amendment contained a similar provision (sec.
899).
The House recedes.
Sale of electricity from alternate energy and cogeneration
production facilities (sec. 318)
The Senate bill contained a provision (sec. 312) that would
amend section 2916(b) of title 10, United States Code, to
provide the Department of Defense more flexibility when using
geothermal revenue.
The House amendment contained a similar provision (sec.
316).
The Senate recedes.
Energy resilience programs and activities (sec. 319)
The Senate bill contained a provision (sec. 313) that would
make technical corrections to the Annual Energy Management
and Resilience Report, require a report on funding levels for
certain energy program offices, and establish targets for
reduction in water use.
The House amendment contained a similar provision (sec.
330K).
The House recedes.
Technical and grammatical corrections and repeal of obsolete
provisions relating to energy (sec. 320)
The Senate bill contained a provision (sec. 323) that would
provide technical corrections to title 10, United States
Code.
The House amendment contained no similar provision.
The House recedes.
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. 321)
The Senate bill contained a provision (sec. 317) that would
amend section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
as amended by section 315(a) of the John S. McCain National
Defense Authorization Act
[[Page H9748]]
for Fiscal Year 2019 (Public Law 115-232) to extend through
2021, the transfer authority for funding of the study and
assessment on health implications of per- and polyfluoroalkyl
substances contamination in drinking water by the Agency for
Toxic Substances and Disease Registry.
The House amendment contained an identical provision (sec.
317).
The conference agreement includes this provision.
Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent (sec. 322)
The Senate bill contained a provision (sec. 316) that would
prohibit the Department of Defense from procuring
firefighting foam that contains perfluoroalkyl and
polyfluoroalkyl substances after October 1, 2022.
The House amendment contained a similar provision (sec.
318) that would require the Secretary of the Navy to complete
a military specification for a fluorine-free fire fighting
agent to be used at all Department of Defense installations
not later than January 2025. This provision would ban use of
fluorinated foams on military installations by September 2029
or before such date, if possible.
The Senate recedes with an amendment that would require the
Secretary of the Navy to complete a military specification
for a fluorine-free firefighting agent by January 2023 and
prohibits Department of Defense procurement of fire-fighting
foam containing perfluoroalkyl and polyfluoroalkyl substances
after October 2023. Additionally, the amendment would
prohibit the use of fluorinated foam by October 2024 with the
option for the Secretary of Defense to extend the date for up
to one year using a waiver authority.
Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations (sec. 323)
The House amendment contained a provision (sec. 319) that
would require the Secretary of Defense to prohibit
uncontrolled release of fluorinated Aqueous Film Forming Foam
(AFFF) at military installations except in cases of emergency
response and limited non-emergency use for training or
testing of equipment where complete containment, capture, and
proper disposal mechanisms are in place to ensure no AFFF is
released into the environment.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on use of fluorinated aqueous film forming foam
for training exercises (sec. 324)
The House amendment contained a provision (sec. 320) that
would prohibit the use of fluorinated aqueous film forming
foam for training exercises at military installations.
The Senate bill contained no similar provision.
The Senate recedes.
Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate (sec. 325)
The House amendment contained a provision (sec. 321) that
would require the Secretary of the Navy and Secretary of the
Air Force to conduct real-time noise monitoring at no fewer
than three installations per military department where
tactical fighter aircraft operate regularly and noise
contours have been developed through noise modeling.
The Senate bill contained a similar provision (sec. 5305)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on monitoring of noise from flights
and training of EA-18G Growlers associated with Naval Air
Station Whidbey Island.
The Senate recedes with an amendment that would require
noise monitoring at two West Coast Naval Air Stations. The
conferees intent is that the use of real-time noise
monitoring will assist in validating or modifying current
noise modeling profiles and may advance the understanding of
noise impacts.
Development of extreme weather vulnerability and risk
assessment tool (sec. 326)
The House amendment contained a provision (sec. 322) that
would direct 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 facilities and capabilities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to determine whether an existing climate
vulnerability and risk assessment tool is available or can be
adapted to be used quantify the risks associated with extreme
weather events.
Removal of barriers that discourage investments to increase
military installation resilience (sec. 327)
The House amendment contained a provision (sec. 324) that
would require the Secretary of Defense to remove barriers and
reform policies that discourage investments to increase
military installation resilience.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Budgeting of Department of Defense relating to extreme
weather (sec. 328)
The Senate bill contained a provision (sec. 320) that would
require the Secretary of Defense to include a dedicated
budget line item for adaptation to and mitigation of effects
of extreme weather on military networks, systems,
installations, facilities, and other assets and capabilities
of the Department of Defense in the annual budget submission
of the President.
The House amendment contained a similar provision (sec.
328).
The House recedes.
Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food Packaging (sec.
329)
The House amendment contained a provision (sec. 330B) that
would require, not later than October 1, 2020, the Director
of the Defense Logistics Agency (DLA) to ensure that any food
contact substances used to assemble and package meals ready-
to-eat procured by the DLA do not contain any perfluoroalkyl
substances or polyfluoroalkyl substances.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change the
date of prohibition from October 1, 2020 to October 1, 2021.
Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam (sec. 330)
The House amendment contained a provision (sec. 330D) that
would provide the Department with guidance on the disposal of
per- and polyfluoroalkyl substances (PFAS) by incineration,
and the storage of PFAS containing materials.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to clarify that all
incineration is to achieve the maximum degree of reduction in
PFAS emissions and that the provision only pertains to
certain materials within the Department of Defense.
Agreements to share monitoring data relating to
perfluoroalkyl and polyfluoroalkyl substances and other
contaminants of concern (sec. 331)
The House amendment contained a provision (sec. 330F) that
would require the Secretary of Defense to seek to enter into
agreements with municipalities or municipal drinking water
utilities located adjacent to military installations under
which both the Secretary and the municipalities and utilities
would share monitoring data relating to perfluoroalkyl
substances, polyfluoroalkyl substances, and other emerging
contaminants of concern collected at the military
installation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to maintain a publicly available website
to provide information on exposure, testing, cleanup and
treatment.
Cooperative agreements with States to address contamination
by perfluoroalkyl and polyfluoroalkyl substances (sec.
332)
The Senate bill contained provisions (secs. 318 and 5318)
that would encourage the Secretary of Defense to work
expeditiously to finalize a cooperative agreement upon
request from the governor of a State if there is suspected
contamination from perfluoroalkyl and polyfluoroalkyl
substances. If an agreement is not finalized or amended
within 1 year, the Secretary would be required to submit a
report to the appropriate committees and Members of Congress.
The House amendment contained an identical provision (sec.
330H).
The conference agreement includes this provision.
Plan to phase out use of burn pits (sec. 333)
The House amendment contained a provision (sec. 330L) that
would require the Secretary of Defense to submit an
implementation plan to phase out the use of the burn pits
identified in the ``Department of Defense Open Burn Pit
Report to Congress'' published in April 2019.
The Senate bill contained no similar provision.
The Senate recedes.
Information relating to locations of burn pit use (sec. 334)
The House amendment contained a provision (sec. 330M) that
would require the Secretary of Defense to submit to the
Secretary of Veterans Affairs and Congress a list of all
locations at which open-air burn pits have been used by
Secretary of Defense.
The Senate bill contained no similar provision.
The Senate recedes.
Data quality review of radium testing conducted at certain
locations of the Department of the Navy (sec. 335)
The House amendment contained a provision (sec. 330N) that
would require the Secretary of the Navy to provide an
independent third-party data quality review of all radium
testing completed by contractors of the Department of the
Navy at locations where the Secretary is undertaking a
project or activity funded through the following Department
of Defense accounts: (1) Operation and Maintenance,
Environmental Restoration, Navy; and (2) Operation and
Maintenance, Environmental Restoration, Formerly Used Defense
Sites.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit the
requirement for an
[[Page H9749]]
independent third-party quality review to certain locations.
Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota (sec. 336)
The Senate bill contained a provision (sec. 315) that would
allow the Secretary of Defense to reimburse the Environmental
Protection Agency for remedial actions performed at the Twin
Cities Army Ammunition Plant.
The House amendment contained no similar provision.
The House recedes.
Pilot program for availability of working-capital funds for
increased combat capability through energy optimization
(sec. 337)
The Senate bill contained a provision (sec. 321) that would
allow the Secretary of Defense and the military departments
to use the working capital fund established pursuant to
section 2208 of title 10, United States Code, to conduct a
pilot program for energy optimization initiatives. Further,
this provision would require the Secretary of Defense to
submit an annual report to the congressional defense
committees on the use of the authority during the preceding
fiscal year. The annual report would be required to be
submitted not later than 60 days after the President's budget
is submitted to the Congress.
The House amendment contained no similar provision.
The House recedes.
Report on efforts to reduce high energy intensity at military
installations (sec. 338)
The Senate bill contained a provision (sec. 322) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to submit a report on efforts to achieve cost
savings at military installations with high energy intensity
to the congressional defense committees not later than
September 1, 2020.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Treatment of contaminated water near military installations
(secs. 341-345)
The Senate bill contained a series of provisions (secs.
1071-1075) that would allow the Secretaries of the military
departments to provide uncontaminated water sources or to
treat water contaminated with perfluoroalkyl and
polyfluoroalkyl substances if the water is used for
agricultural purposes leading to products destined for human
consumption. Additionally, these provisions would authorize
the Secretary of the Air Force to acquire real property that
has shown signs of contamination from perfluorooctanoic and
perfluorooctane sulfonate.
The House amendment contained a similar provision (sec.
323).
The House recedes.
Subtitle D--Logistics and Sustainment
Materiel readiness metrics and objectives (sec. 351)
The Senate bill contained a provision (sec. 5301) that
would require the Secretary of Defense to provide the
congressional defense committees with a report for the life
cycle sustainment of each major weapon system not later than
February 1 of each year.
The House amendment contained a similar provision (sec.
331).
The Senate recedes with an amendment that would require the
Secretary of Defense to conduct a comprehensive assessment of
the Department of Defense's materiel readiness and weapons
system sustainment and to provide a report to the
congressional defense committees not later than April 1,
2020.
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. 352)
The House amendment contained a provision (sec. 332) that
would amend section 2208(u)(2) of title 10, United States
Code, to clarify the authority on the use of working capital
funds for unspecified minor military construction projects
related to defense industrial base facilities.
The Senate bill contained no similar provision.
The Senate recedes.
Modification to limitation on length of overseas forward
deployment of naval vessels (sec. 353)
The Senate bill contained a provision (sec. 332) that would
amend section 323 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
relating to the limitation on length of overseas forward
deployment of naval vessels.
The House amendment contained no similar provision.
The House recedes.
Extension of temporary installation reutilization authority
for arsenals, depots, and plants (sec. 354)
The Senate bill contained a provision (sec. 357) that would
amend section 345(d) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C., 2667
note) by striking ``September 30, 2020'' and inserting
``September 30, 2025.''
The House amendment contained a similar provision (sec.
337).
The House recedes with a technical amendment.
F-35 Joint Strike Fighter sustainment (sec. 355)
The House amendment contained a provision (sec. 333) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to submit a report on the steps being taken
to improve the availability and accountability of F-35 parts
within the supply chain. In addition, this provision would
limit funds available to the Under Secretary until such time
as the report is delivered.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on strategic policy for prepositioned materiel and
equipment (sec. 356)
The House amendment contained a provision (sec. 334) that
would require the Assistant Secretary of Defense for
Sustainment, in coordination with the Joint Staff, to submit
a report to the congressional defense committees, not later
than March 1, 2020, on the implementation plan for
prepositioned materiel and equipment as required by section
321 of the National Defense Authorization Act for Fiscal Year
2014 (Public Law 113-66).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike the
funding prohibition.
Pilot program to train skilled technicians in critical
shipbuilding skills (sec. 357)
The House amendment contained a provision (sec. 338) that
would allow the Secretary of Defense to carry out a pilot
program to train individuals to become skilled technicians in
critical shipbuilding skills in partnership with existing
Federal or State projects relating to investment and
infrastructure in training and education or workforce
development.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Requirement for military department inter-service depot
maintenance (sec. 358)
The Senate bill contained a provision (sec. 331) that would
require a joint memorandum of understanding in such cases
where one military service would provide depot maintenance
for an air platform of another military service.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Strategy to improve infrastructure of certain depots of the
Department of Defense (sec. 359)
The Senate bill contained a provision (sec. 351) that would
require the Secretary of Defense to deliver a comprehensive
strategy to the congressional defense committees, not later
than October 1, 2020, for improving the depot infrastructure
of the military departments with the objective of ensuring
that the depots have the capacity and capability to support
the readiness and materiel availability goals of current and
future weapon systems of the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle E--Reports
Readiness reporting (sec. 361)
The House amendment contained a provision (sec. 341) that
would amend sections 117 and 482 of title 10, United States
Code, to modify the delivery method, timeline, and required
elements of the Quarterly Readiness Report to Congress and
the Joint Forces Readiness Review.
The Senate bill contained no similar provision.
The Senate recedes.
Technical correction to deadline for transition to Defense
Readiness Reporting System Strategic (sec. 362)
The Senate bill contained a provision (sec. 359) that would
amend section 358(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
by striking ``October 1, 2019'' and replacing it with
``October 1, 2020.''
The House amendment contained an identical provision (sec.
342).
The conference agreement includes this provision.
Report on Navy ship depot maintenance budget (sec. 363)
The House amendment contained a provision (sec. 343) that
would require the Secretary of the Navy to submit reports for
fiscal years 2021, 2022, and 2023 that provide additional
information related to ship and submarine depot maintenance
funding.
The Senate bill contained no similar provision.
The Senate recedes.
Report on Runit Dome (sec. 364)
The House amendment contained a provision (sec. 344) that
would require the Secretary of Energy to submit a report on
the status of the Runit Dome in the Marshall Islands.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
reporting requirements.
Prohibition on subjective upgrades by commanders of unit
ratings in monthly readiness reporting on military units
(sec. 365)
The Senate bill contained a provision (sec. 356) that would
prohibit the commander of a military unit who is responsible
for monthly
[[Page H9750]]
reporting of readiness from making any subjective upgrade of
the overall rating of the unit. This provision would include
a waiver authority if the first flag or general officer above
the reporting unit in the chain of command approves of the
upgrade. Additionally, this provision would require that any
such waiver, and subsequent upgrades, be included in the
Quarterly Readiness Report to Congress.
The House amendment contained no similar provision.
The House recedes.
Requirement to include foreign language proficiency in
readiness reporting systems of Department of Defense
(sec. 366)
The Senate bill contained a provision (sec. 5304) that
would require the Secretary of Defense and the Secretaries of
the military departments to include measures of foreign
language proficiency as a mandatory element of unit readiness
reporting in the Global Readiness and Force Management
Enterprise not later than 90 days after the date of the
enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Subtitle F--Other Matters
Prevention of encroachment on military training routes and
military operation areas (sec. 371)
The Senate bill contained a provision (sec. 353) that would
require projects to file 1 year before construction if they
are proposed within wide area surveillance over-the-horizon
radar. Additionally, the provision allows the governor of a
State to recommend geographical areas of concern to the
Secretary of Defense.
The House amendment contained a similar provision (sec.
351) that would amend section 183a(c)(6) of title 10, United
States Code, to include over-the-horizon radar in the
coverage of early outreach procedures issues by the Military
Aviation and Installation Assurance Siting Clearinghouse.
The House recedes.
Expansion and enhancement of authorities on transfer and
adoption of military animals (sec. 372)
The Senate bill contained a provision (sec. 354) that would
amend section 2583 of title 10, United States Code, to
require veterinary screening and care for military working
dogs prior to retirement or transfer to law enforcement
agencies. The provision would also, as requested by the
Department of Defense, extend transfer and adoption
authorities to Department-owned mules and donkeys, in order
to provide consistency for use of the word ``transfer''
throughout this section of law.
The House amendment contained a similar provision (sec.
353).
The House recedes.
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. 373)
The House amendment contained a provision (sec. 352) that
would amend section 2642 of title 10, United States Code, to
extend the date that the Secretary of Defense may use the
Department of Defense reimbursement rate for military
transportation services provided to certain non-Department of
Defense entities until October 1, 2024.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance (sec. 374)
The House amendment contained a provision (sec. 354) that
would amend section 44310 of title 49, United States Code, to
extend the authority of the Secretary of Transportation to
issue non-premium aviation insurance until September 30,
2023.
The Senate bill contained no similar provision.
The Senate recedes.
Defense personal property program (sec. 375)
The Senate bill contained a provision (sec. 355) that would
prohibit the Secretary of Defense from entering into or
awarding a contract to a commercial provider for the
management of the Defense Personal Property Program (DP3)
until 60 days after the Comptroller General of the United
States submits to the congressional defense committees a
report on the administration of the DP3.
The House amendment contained a similar provision (sec.
355) that, in addition to requiring a similar report from the
Comptroller General, would establish a Global Household
Relocation Services Advisory Group; require the Commander of
the United States Transportation Command (USTRANSCOM) to
prepare a business case analysis for the proposed award of a
global household goods contract (GHC) for the DP3; and
prohibit the Secretary of Defense from entering into a global
household goods contract until the Commander of USTRANSCOM
briefs the defense committees on its business case analysis
and on the proposed structure and meeting schedule for the
advisory group.
The Senate recedes with amendments that would prohibit the
award of a GHC contract until April 1, 2020, and require the
Under Secretary of Defense for Acquisition and Sustainment
and the Assistant Secretary of Defense for Personnel and
Readiness to submit to the congressional defense committees a
report on implementation of the Personal Property Program
Improvement Action Plan that was developed by the Personnel
Relocation/Household Goods Movement Cross-Functional Team.
In addition, the conferees direct the Secretary of Defense
to establish a Military Relocation Advisory Committee
consisting of members representing USTRANSCOM; the military
services; transportation services providers, including two
small business concerns; and consumer representatives who are
members of the Armed Forces or spouses of members of the
Armed Forces. The Secretary of Defense should ensure that the
advisory committee convenes regularly to provide the
Secretary feedback on the DP3, military relocation services,
and other issues relating to permanent change of station
moves. Additionally, the Secretary should ensure that the
advisory committee provides quarterly reports of its
activities to the congressional defense committees.
Public events about Red Hill Bulk Fuel Storage Facility (sec.
376)
The House amendment contained a provision (sec. 356) that
would require the Department of the Navy to hold quarterly
events open to the public that provide information and
updates on the Red Hill Bulk Fuel Storage Facility.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress regarding Innovative Readiness Training
program (sec. 377)
The House amendment contained a provision (sec. 357) that
would express the sense of Congress on the importance of
Innovative Readiness Training, particularly to non-contiguous
States and territories.
The Senate bill contained no similar provision.
The Senate recedes.
Detonation chambers for explosive ordnance disposal (sec.
378)
The House amendment contained a provision (sec. 329) that
would require the Secretary of the Navy to purchase and
operate a closed detonation chamber.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Funding for Army Community Services
The House amendment contained a provision (sec. 302) that
would increase the funding for Operation and Maintenance,
Army for Base Operations Support for Army Community Services
by $30.0 million.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that Army Community Services provides
critical services, such as victim advocacy, financial
counseling, employment readiness, among others. The conferees
encourage the Department to increase the resources allocated
to the account so Army Community Services can continue to
provide imperative resources to servicemembers.
Increase in funding for civil military programs
The House amendment contained a provision (sec. 303) that
would increase the funding for Operation and Maintenance,
Defense-Wide for Civil Military Programs by $50.0 million to
support the National Guard Youth Challenge Program.
The Senate bill contained no similar provision.
The House recedes.
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
The House amendment contained a provision (sec. 312) that
would amend section 183a of title 10, United States Code, by
changing the list of Department of Defense personnel who can
make a final finding on the designation of a geographic area
of concern.
The Senate bill contained no similar provision.
The House recedes.
Native American Indian lands environmental mitigation program
The Senate bill contained a provision (sec. 314) that would
amend chapter 160 of title 10, United States Code, to allow
the Secretary of Defense to establish a program to mitigate
the environmental impacts of Department of Defense activities
on Native American Indian lands.
The House amendment contained no similar provision.
The Senate recedes.
Offshore energy development
The House amendment contained a provision (sec. 325) that
would prohibit the Secretary of Defense from issuing an
offshore wind assessment that proposes wind exclusion areas
and from objecting to an offshore energy project filed for
review by the Military Aviation and Installation Assurance
Clearinghouse (Clearinghouse) until 180 days after submitting
a report to the congressional defense committees.
The Senate bill contained no similar provision.
The House recedes.
Comptroller General report on environmental cleanup of
Vieques and Culebra, Puerto Rico
The House amendment contained a provision (sec. 330) that
would require the Comptroller General of the United States to
complete a study on the status of the Federal
[[Page H9751]]
cleanup and decontamination process in the island-
municipalities of Vieques and Culebra, Puerto Rico, and
submit a report on the findings to the congressional defense
committees not later than 180 days after the date of
enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees believe that the Secretary of Defense should
explore all alternatives to expedite the ongoing cleanup and
environmental restoration process at the former military
training sites located on Vieques and Culebra. The Department
of Defense should also work with the U.S. Environmental
Protection Agency, the Fish and Wildlife Service, and the
Government of Puerto Rico to ensure the decontamination
process is conducted in a manner that causes the least
possible intrusion on the lives of island residents and
minimizes public health risks. Lastly, the conferees note
that the Federal Government should collaborate with local and
private stakeholders to effectively address economic
challenges and opportunities in Vieques, Culebra, and the
adjacent communities of the former United States Naval
Station Roosevelt Roads.
As such, the conferees direct the Comptroller General of
the United States to complete a study and submit a report to
the congressional defense committees on the status of the
Federal cleanup and decontamination process in the island-
municipalities of Vieques and Culebra, Puerto Rico, not later
than 180 days after the date of enactment of this Act. The
study should include a comprehensive analysis of the
following:
(1) The pace of ongoing cleanup and environmental
restoration efforts in the former military training sites in
Vieques and Culebra; and
(2) Potential challenges and alternatives to accelerate the
completion of such efforts, including their associated costs
and any impact they might have on the public health and
safety of island residents.
Comptroller General study on PFAS contamination
The House amendment contained a provision (sec. 330C) that
would require the Comptroller General of the United States to
conduct a review on the Department of Defense's efforts to
clean up per- and polyfluoroalkyl substances contamination in
and around military bases.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to conduct a review of the efforts of the Department
of Defense to clean up Perfluorooctanoic acid (PFOA) and
Perfluorooctane sulfonate (PFOS) contamination in and around
military bases as well as the Department's efforts to
mitigate the public health impact of the contamination. The
study shall include an assessment of:
(1) When the Department discovered that drinking water
sources used by members of the Armed Forces and residents of
communities surrounding military bases were contaminated with
PFOS and/or PFOA;
(2) After learning that the drinking water was
contaminated, when the Department notified members of the
Armed Forces and residents of communities surrounding
military bases that their drinking water is contaminated with
per- and polyfluoroalkyl substances (PFAS);
(3) After providing such notification, how much time lapsed
before those affected were given alternative sources of
drinking water;
(4) The number of installations and surrounding communities
currently drinking water that is contaminated with PFOS and/
or PFOA above the Environmental Protection Agency's advisory
limit;
(5) The amount of money the Department has spent on
cleaning up PFOS and PFOA contamination through the date of
enactment of this Act;
(6) The number of sites where the Department has taken
action to remediate PFAS contamination or other materials as
a result of the use of firefighting foam on military bases;
(7) Factors that might limit or prevent the Department from
remediating PFAS contamination or other materials as a result
of the use of firefighting foam on military bases;
(8) The estimated total cost of clean-up of PFOS and PFOA;
(9) The cost to the Department to discontinue the use of
PFAS in firefighting foam and to develop and procure viable
replacements that meet military specifications;
(10) The number of members of the Armed Forces who have
been exposed to PFOS or PFOA in their drinking water above
the EPA's Health Advisory levels during their military
service.
(11) An evaluation of what the Department could have done
better to mitigate the release of PFOS or PFOA contamination
into the environment and expose servicemembers; and
(12) Any other elements the Comptroller General may deem
necessary.
The Comptroller General shall provide, to the congressional
defense committees, the Committee on Energy and Commerce of
the House of Representatives, and the Committee on the
Environment and Public Works of the Senate, a briefing on the
preliminary findings not later than 1 year after the date of
the enactment of this Act. The final results of the study
shall be provided by a time mutually agreed upon by the
committees and the Comptroller General.
Prohibition on use of perfluoroalkyl substances and
polyfluoroalkyl substances for land-based applications of
firefighting foam
The House amendment contained a provision (sec. 330E) that
would prohibit the Secretary of Defense from using
firefighting foam containing perfluoroalkyl and
polyfluoroalkyl substances for land-based applications not
later than October 1, 2023.
The Senate bill contained no similar provision.
The House recedes.
Study on energy savings performance contracts
The House amendment contained a provision (sec. 330J) that
would require the Secretary of Defense to conduct a study on
energy saving performance contracts (ESPCs).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to conduct a
study identifying any legislative or regulatory barriers to
entering into more ESPCs. The study should include policy
proposals for how the Department of Defense could evaluate
the cost savings caused by increasing energy resiliency when
evaluating whether to enter into ESPCs. The conferees further
direct the Secretary to submit a report on the findings of
the study the congressional defense committees not later than
180 days after the date of the enactment of this Act.
Findings, purpose, and apology
The House amendment contained a provision (sec. 330I) that
would amend section 2(a)(1) of the Radiation Exposure
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) by
inserting ``, including individuals in New Mexico, Idaho,
Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington,
South Dakota, North Dakota, Nevada, Guam, and the Northern
Mariana Islands,'' after ``tests exposed individuals''.
The Senate bill contained no similar provision.
The House recedes.
The conferees encourage the congressional judicial
committees to take up the issue raised in the House provision
given it is in their jurisdiction.
Limitation on use of funds for implementation of elements of
master plan for redevelopment of Former Ship Repair
Facility in Guam
The House amendment contained a provision (sec. 335) that
would continue the limitations established by section 325 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) on expending Department
of the Navy funds to modify the former Ship Repair Facility
in Guam except in certain circumstances through fiscal
year 2020.
The Senate bill contained no similar provision.
The House recedes.
Report on effects of increased automation of defense
industrial base on manufacturing workforce
The House amendment contained a provision (sec. 336) that
would require the Secretary of Defense to submit a report on
the effects of increased automation of the defense industrial
base not later than 180 days after enactment.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Department of Defense
Industrial Capabilities Annual Report for Fiscal Year 2018
highlights the manufacturing and defense industrial base
provides opportunities for employment growth. The report goes
on to say although the number of workers engaged in many
traditional production occupations is projected to continue
to decline over the coming decade, several other occupations
that enable and support the modern, automated manufacturing
facility are expected to surge. The Under Secretary of
Defense for Acquisition and Sustainment is directed to brief
the congressional defense committees by March 15, 2020 on the
estimated number of jobs in the industrial base workforce
expected to be gained due to the automation in the defense
sector, an analysis describing the jobs expected to be
gained, and a strategy to assist in attracting, training, and
developing a workforce for these jobs.
Report on modernization of Joint Pacific Alaska Range Complex
The Senate bill contained a provision (sec. 341) that would
require the Secretary of the Air Force to submit to the
congressional defense committees a report on the long-term
modernization of the Joint Pacific Alaska Range Complex.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct, not later than May 1, 2020, the
Secretary of the Air Force submit to the congressional
defense committees a report on the long-term modernization of
the Joint Pacific Alaska Range Complex, the Nevada Test and
Training Range, and other major training ranges. The report
shall include the following: (1) An assessment of the
requirement for providing realistic training against modern
adversaries, including 5th generation adversary aircraft and
ground
[[Page H9752]]
threats, and any current limitations compared to those
requirements; (2) An assessment of the requirement to provide
a realistic anti-access area denial training environment and
any current limitations compared to those requirements; (3)
An assessment of the requirement to modernize to provide
realistic threats in a large-scale, combined-arms near-peer
environment and any current limitations in meeting that
requirement; and (4) A plan for balancing coalition training
against training only for members of the Armed Forces of the
United States.
Comptroller General study of out-of-pocket costs for service
dress uniforms
The House amendment contained a provision (sec. 345) that
would require the Comptroller General of the United States to
conduct a study of the out-of-pocket costs to members of the
Armed Forces for service dress uniforms.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to conduct a study of the out-of-pocket costs to
members of the Armed Forces for service dress uniforms. The
study should include 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 1, 5,
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.
The conferees further direct the Comptroller General to
provide a briefing to the congressional defense committees on
the preliminary findings of the study not later than April
15, 2020, with a final report on the findings of the study to
be submitted to the congressional defense committees not
later than September 30, 2020.
Inspector General audit of certain commercial depot
maintenance contracts
The House amendment contained a provision (sec. 346) that
would require the Inspector General of the Department of
Defense to audit sole-source commercial depot maintenance
contracts to determine if there has been any excess profit or
cost escalation.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Inspector General of the
Department of Defense to audit each military department and
Defense Agency, as applicable, to determine if there has been
any excess profit or cost escalation with respect to sole-
source contracts relating to commercial depot maintenance, to
include contracts for parts, supplies, equipment, and
maintenance services.
Report on plan to decontaminate sites formerly used by the
Department of the Army that have since been transferred
to units of local government and are affected by
pollutants that are, in whole or in part, a result of
activity by the Department of Defense
The House amendment contained a provision (sec. 347) that
would require the Secretary of the Army to submit to the
appropriate congressional committees a report specifying
properties that were under the jurisdiction of the Department
of the Army and transferred to units of local government that
may remain polluted because of activity by the Department of
Defense as well as the Secretary's plan to decontaminate each
covered property.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that there are numerous properties
formerly under the jurisdiction of the Department of the
Army, such as former Nike missile sites, that have been
transferred to units of local governments and may remain
polluted due to Department of Defense activity. This
pollution may prevent these properties from being used for
commercial or residential purposes.
As such, the conferees direct the Secretary of the Army to
submit a report, not later than 90 days after the enactment
of this Act, specifying the covered properties that may
remain polluted because of Department of Defense activities
and a plan for how the Secretary plans to decontaminate each
covered property. The report should be submitted to the
Committee on Armed Services and the Committee on Energy and
Natural Resources of the Senate as well as to the Committees
on Armed Services, the Committee on Energy and Commerce, and
the Committee Natural Resources of the House of
Representatives.
The term ``covered property'' means property that was under
the jurisdiction of the Department of the Army and was
transferred to a unit of local government before the date of
the enactment of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, but that would have triggered Federal Government notice
or action under that section had the transfer occurred on or
after that date.
Limitation on use of funds regarding the basing of KC-46A
aircraft outside the continental United States
The Senate bill contained a provision (sec. 352, as amended
by sec. 5352) that would limit Air Force funds until the
Secretary of the Air Force submits to the Congress a report
on the projected plan and timeline for strategic basing of
the KC-46A aircraft outside the continental United States.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to
submit to Congress, not later than 180 days after the date of
the enactment of this Act, a report on the projected plan for
strategic basing of the KC-46A aircraft outside the
continental United States.
Pilot program on reduction of effects of military aviation
noise on private residences
The House amendment contained a provision (sec. 358) that
would authorize a five-year pilot program for the purpose of
mitigating the effects of military aviation noise on private
residences in the vicinity of the military installations from
which they operate.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain concerned about the impact of military
aviation noise on the communities surrounding military
installations. The conferees note that community support is
an important enabler of readiness. The conferees encourage
the military services to find innovative ways to address
the community concerns about military aviation noise,
maximize transparency, and increase dialog with concerned
community members.
Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense
The Senate bill contained a provision (sec. 358) that would
require the Secretary of Defense to publish a notice of
proposed action before making any final rule, statement, or
determination on the limitation or prohibition of a food or
beverage ingredient provided by the Department of Defense.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that in 2017 the Department issued a
notice that prohibited commonly used ingredients without
considering the implications to manufacturers, farmers, and
suppliers. The conferees direct the Secretary of Defense to
engage with the private industry prior to making a new
determination on food ingredients that may impact food supply
chains, as well as, establish a point of contact within the
department for engagement. Transparency when changing policy
guidance on food ingredients will ensure the food and
agriculture supply chain can meet new requirements.
Completion of Department of Defense Directive 2310.07E
regarding missing persons
The House amendment contained a provision (sec. 359) that
would require the Secretary of Defense to prioritize
completion of Department of Defense Directive 2310.07E to
improve the efficiency of locating missing persons.
The Senate bill contained no similar provision.
The House recedes.
Briefing on plans to increase readiness of B-1 bomber
aircraft
The Senate bill contained a provision (sec. 5101) that
would require the Secretary of the Air Force to provide the
congressional defense committees a briefing on the Air
Force's plans to increase the readiness of the B-1 bomber
aircraft.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are concerned with the readiness rates of the
B-1 bomber and, therefore, direct the Secretary of the Air
Force to provide, no later than February 29, 2020, the
congressional defense committees a briefing on the Air
Force's plans to increase the readiness of the B-1 bomber
aircraft.
The briefing should include the following elements: 1) A
description of aircraft structural issues; 2) A plan for
continued structural deficiency data analysis and training;
3) Projected repair timelines; 4) Future mitigation
strategies; 5) An aircrew and maintainer training plan,
including a plan to ensure that the training pipeline remains
steady, for any degradation period; 6) A recovery timeline to
meet future deployment tasking; and 7) A plan for continued
upgrades and improvements.
Sense of Senate on prioritizing survivable logistics for the
Department of Defense
The Senate bill contained a provision (sec. 5302) that
would express the sense of the Senate on the importance of
prioritizing survivable logistics.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the joint logistics enterprise of
the Armed Forces faces high-
[[Page H9753]]
end threats from strategic competitors--China, Russia, and
Iran--all of which have invested in anti-access area denial
capabilities and gray zone tactics. As such, the conferees
believe that resilient and agile logistics are necessary to
implement the 2018 National Defense Strategy because it
enables the United States to project power and sustain the
fight against its strategic competitors in peacetime and
during war.
Additionally, there are significant logistics shortfalls,
as outlined in the November 2018 final report of the Defense
Science Board Task Force on Survivable Logistics, which, if
left unaddressed, would hamper the readiness and ability of
the Armed Forces to conduct operations globally. The
conferees believe that since the military departments have
not shown a strong commitment to funding logistics, the
Secretaries of the military departments should review the
full list of recommendations in the report and address the
chronic underfunding of logistics relative to other
priorities.
Plan on sustainment of Rough Terrain Container Handler fleets
The Senate bill contained a provision (sec. 5303) that
would require the Secretary of the Army and the Secretary of
the Navy to develop plans for sustainment of the RT240 fleet,
assess available modernization capabilities, and provide a
joint briefing to the defense committees on the readiness of
both fleets.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Army and
Secretary of the Navy to provide a briefing to the
congressional defense committees, not later than 90 days
after enactment of this Act. The briefing shall include the
plans for sustainment of the RT-240 Rough Terrain Cargo
Handler fleets to ensure operational capabilities into the
2030s, an assessment of available modernization capabilities
to enhance joint deployment of such fleets, and current
readiness of such fleets.
Title IV--Military Personnel Authorizations
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The Senate bill contained a provision (sec. 401) that would
authorize active-duty end strength as of September 30, 2019
as follows: Army, 480,000; Navy, 355,400; Marine Corps,
186,200; Air Force, 332,800.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Revisions in permanent active duty end strength minimum
levels (sec. 402)
The House amendment contained a provision (sec. 402) that
would establish new minimum Active Duty end strengths for the
Army, Navy, Marine Corps, and Air Force as of September 30,
2020. The committee recommends 480,000 as the minimum Active
Duty end strength for the Army, 340,500 as the minimum Active
Duty end strength for the Navy, 186,200 as the minimum Active
Duty end strength for the Marine Corps, and 332,800 as the
minimum Active Duty end strength for the Air Force.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Reserve Forces
End strengths for Selected Reserve (sec. 411)
The Senate bill contained a provision (sec. 411) that would
authorize the following end strengths for Selected Reserve
personnel of the Armed Forces as of September 30, 2020; the
Army National Guard of the United States, 336,000; the Army
Reserve, 189,500; the Navy Reserve, 59,000; the Marine Corps
Reserve, 38,500; the Air National Guard of the United States,
107,700; the Air Force Reserve, 70,100; and the Coast Guard
Reserve, 7,000.
The House amendment contained an identical provision (sec.
411).
The conference agreement contains this provision.
End strengths for Reserves on active duty in support of the
reserves (sec. 412)
The Senate bill contained a provision (sec. 412) that would
authorize the following end strengths for Reserves on Active
Duty in support of the reserve components as of September 30,
2020; the Army National Guard of the United States, 30,595;
the Army reserve, 16,511; the Navy Reserve, 10,155; the
Marine Corps Reserve, 2,386; the Air National Guard of the
United States, 22,637; the Air Force Reserve, 4,431.
The House amendment contained an identical provision (sec.
412).
The conference agreement include this provision.
End strengths for military technicians (dual status) (sec.
413)
The Senate bill contained a provision (sec. 413) that would
authorize the following end strengths for military
technicians (dual status) as of September 30, 2020; the Army
National Guard of the United States, 22,294; the Army
Reserve, 6,492; the Air National Guard of the United States,
13,569; and the Air Force Reserve, 8,938.
The provision would also prohibit under any circumstances
the coercion of a military technician (dual status) 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.
The provision would further specify that if a technician
declines to participate in such a realignment or conversion,
no further action may be taken against the individual or the
individual's position. The provision would require the Chief
of the National Guard Bureau to certify by January 1, 2020,
to the Committees on Armed Services of the Senate and House
of Representatives the number of positions realigned from
military technician (dual status) to a position in the
Active, Guard, and Reserve (AGR) program of the Air
National Guard during fiscal year 2019.
Finally, the provision would specify that if the number so
certified is less than 3,190, that the authorized strength
for Air National Guard military technicians be increased by
the difference between the number certified and 3,190 (with a
maximum increase of 2,292) and that authorized AGR strength
for the Air National Guard be decreased by that same amount.
The House amendment contained a similar provision (sec.
413).
The House recedes with an amendment that would authorize
the minimum number of military technicians (dual status) on
the last day of fiscal year 2020 for the reserve components
of the Army and the Air Force.
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 414)
The Senate bill contained a provision (sec. 414) that would
authorize the maximum number of reserve component personnel
who may be on Active Duty or full-time National Guard duty
under section 115(b) of title 10, United States Code, during
fiscal year 2020 to provide operational support.
The House amendment contained an identical provision (sec.
414).
The conference agreement includes this provision.
Authorized strengths for Marine Corps Reserves on active duty
(sec. 415)
The Senate bill contained a provision (sec. 415) that would
amend section 12011(a)(1) and section 12012(a) of title 10,
United States Code, by adjusting the controlled grade caps
for field grade officers and senior enlisted marines to
account for increased end strength in the Marine Corps Active
Reserve Program. The provision would also expand the field
grade officer and senior enlisted strength tables to allow
for future end strength increases.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Modification of authorized strength of Air Force Reserve
serving on full-time reserve component duty for
administration of the reserves or the National Guard
(sec. 416)
The Senate bill contained a provision (sec. 5401) that
would amend section 12011 of title 10, United States Code, to
increase the number of officers of the Air Force Reserve who
are authorized to serve in the grade of major, lieutenant
colonel, or colonel.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Authorization of Appropriations
Military personnel (sec. 421)
The Senate bill contained a provision (sec. 421) that would
authorize appropriations for military personnel activities at
the levels identified in section 4401 of division D of this
Act.
The House amendment contained an identical provision (sec.
421).
The conference agreement includes this provision.
Title V--Military Personnel Policy
Subtitle A--Officer Personnel Policy
Maker of original appointments in a regular or reserve
component of commissioned officers previously subject to
original appointment in other type of component (sec.
501)
The Senate bill contained a provision (sec. 502) that would
amend section 531 of title 10, United States Code, to require
the Secretary of Defense to make regular officer transfer
appointments onto the Active-Duty list for reserve officers
currently included on the reserve active-status list. The
provision would also amend section 12203 of title 10, United
States Code, to require the Secretary of Defense to make
reserve officer transfer appointments onto the reserve
active-status list for regular officers currently included on
the Active-Duty list.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of Representative
on the transfer of officer appointments from the regular to
the reserve component.
Furnishing of adverse information on officers to promotion
selection boards (sec. 502)
The Senate bill contained a provision (sec. 503) that would
modify section 615 of title 10, United States Code, to expand
the grades of officers for which credible information of an
adverse nature must be furnished to a promotion selection
board. In addition, the provision would require that credible
information of an adverse nature be furnished to a promotion
selection board and its members at each stage or phase of the
board, concurrent with the screening, rating, assessment,
evaluation, discussion, or other consideration of the officer
or of the officer's official military personnel file.
[[Page H9754]]
The House amendment contained no similar provision.
The House recedes.
Limitation on number of officers recommendable for promotion
by promotion selection boards (sec. 503)
The Senate bill contained a provision (sec. 504) that would
amend section 616 of title 10, United States Code, to limit
the number of officers who may be recommended for promotion
by a promotion selection board to no more than 95 percent of
officers who are in a given promotion zone.
The House amendment contained no similar provision.
The House recedes.
Expansion of authority for continuation on active duty of
officers in certain military specialties and career
tracks (sec. 504)
The Senate bill contained a provision (sec. 505) that would
correct a technical oversight in section 506 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) by amending section 637a of title
10, United States Code, to authorize each of the Secretaries
of the military departments to continue certain officers
serving in the pay grades of O-3 and O-4 in an occupational
specialty, rating, or specialty code, as designated by the
relevant secretary, who are not yet retirement eligible but
would otherwise be subject to statutory separation to
complete up to 40 years of active service.
The House amendment contained no similar provision.
The House recedes.
Management policies for joint qualified officers (sec. 505)
The House amendment contained a provision (sec. 501) that
would amend section 661 of title 10, United States Code, to
allow the Chairman of the Joint Chiefs of Staff to delegate
the approval authority for non-Joint Qualified Officers to
fill critical joint duty assignments, thus allowing the
Chairman's designee to approve or disapprove waivers.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Chairman of the Joint Chiefs of Staff to delegate the
approval authority for non-Joint Qualified Officers to fill
critical joint duty assignment to a general or flag officer
who is an officer of the armed forces in the grade of O-9 or
higher.
Modification of authorities on management of deployments of
members of the Armed Forces and related unit operating
and personnel tempo matters (sec. 506)
The Senate bill contained a provision (sec. 515) that would
amend section 991 of title 10, United States Code, to limit
the ability of the Secretary of Defense to delegate
deployment threshold exceptions to Senate-confirmed civilian
officials within the Department of Defense. The provision
would also require the Secretary of Defense to prescribe a
separate policy to track dwell time for reserve members of
the Armed Forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would strike
language repealing the authority of the Secretary of Defense
to prescribe alternative definitions of ``deployment.''
Personnel tempo of the Armed Forces and the United States
Special Operations Command during periods of
inapplicability of high-deployment limitations (sec. 507)
The Senate bill contained a provision (sec. 5506) that
would amend section 991 of title 10, United States Code, to
require the Secretary of the military department concerned to
create and maintain specific, measurable, deployment
thresholds whenever a waiver to otherwise required personnel
tempo limitations is in effect.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Permanent authority to defer past age 64 the retirement of
chaplains in general and flag officer grades (sec. 508)
The Senate bill contained a provision (sec. 5510) that
would amend section 1253 of title 10, United States Code, to
permanently authorize the Secretary of the military
department concerned to defer the retirement of an officer
serving in a general or flag officer grade who is the Chief
of Chaplains or Deputy Chief of Chaplains of that
officer's armed force.
The House amendment contained no similar provision.
The House recedes.
Higher grade in retirement for officers following reopening
of determination or certification of retired grade (sec.
509)
The Senate bill contained a provision (sec. 506) that would
modify section 1370 of title 10, United States Code, to
require that any increase in the retired grade of an officer
resulting from the reopening of the determination or
certification of that officer's retired grade be made by the
Secretary of Defense, by and with the advice and consent of
the Senate. Any associated modification of the officer's
retired pay would go into effect on the effective date of the
increase in the officer's retired grade and would not be
retroactive to the date of the officer's retirement. The
provision would apply to any increase in retired grade that
occurs after the date of the enactment of this Act,
regardless of when the officer retired.
The House amendment contained no similar provision.
The House recedes.
Authority of promotion boards to recommend that officers of
particular merit be placed higher on promotion list (sec.
510)
The House amendment contained a provision (sec. 503) that
would amend sections 14108, 14109, and 14308 of title 10,
United States Code, to allow for Reserve Component promotion
selection boards to recommend placing an officer on the
reserve active-status list higher on a promotion list based
on particular merit, if at least a majority of the promotion
selection board members so recommend.
The Senate bill contained no similar provision.
The Senate recedes.
Availability on the internet of certain information about
officers serving in general or flag officer grades (sec.
510A)
The Senate bill contained a provision (sec. 507) that would
require each of the Secretaries of the military departments
to make available on a public website certain biographical,
assignment-related information about the department's general
and flag officers, including public notice when a general or
flag officer has been reassigned to a new duty position. A
secretary may decline to publish such information only for
reasons of risk to the individual officer or to national
security, and only after informing the Committees on Armed
Services of the Senate and the House of Representatives in
writing.
The House amendment contained an identical provision (sec.
504).
The conference agreement includes this provision.
Functional badge or insignia upon commission for chaplains
(sec. 510B)
The House amendment contained a provision (sec. 506) that
would require military chaplains to receive a functional
badge or insignia upon commission.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Reserve Component Management
Modification of grade level threshold for Junior Reserve
Officers' Training Corps (sec. 511)
The House amendment contained a provision (sec. 520A) that
would amend section 2031 of title 10, United States Code, to
authorize the Secretary to consider the number of physically
fit students above the 7th grade when establishing a Junior
Reserve Officers' Training Corps (JROTC).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
eligible JROTC students above the 7th grade to be co-located
with the 9th grade participating unit.
Inclusion of STEM in courses of instruction for the Junior
Reserve Officers' Training Corps (sec. 512)
The House amendment contained a provision (sec. 515) that
would amend section 2031 of title 10, United States Code, to
add science, technology, engineering, and mathematics to
Junior Reserve Officers' Training Corps curriculum.
The Senate bill contained no similar provision.
The Senate recedes.
Inclusion of homeschooled students in Junior Reserve
Officers' Training Corps units (sec. 513)
The Senate bill contained a provision (sec. 592) that would
amend section 2031 of title 10, United States Code, to
require public secondary educational institutions that
maintain a Junior Reserve Officers' Training Corps unit to
permit membership in the unit of home-schooled students
residing in the area served by the institution and who would
otherwise be qualified for membership in the unit if they
were enrolled in the institution.
The House amendment contained a similar provision (sec.
520B).
The House recedes.
Clarification of eligibility to serve as Commander, Marine
Forces Reserve (sec. 514)
The House amendment contained a provision (sec. 511) that
would amend section 7038, 8083, 8084, and 9038 of title 10,
United States Code, to require all officers selected to serve
as the chief or commander of their respective service's
reserve command be reserve officers who hold the rank of
lieutenant general, or vice admiral in the case of the Navy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 8084 of title 10, United States Code, to require
officers selected to serve as the Commander of the Marine
Forces Reserve be a general officer of the Marine Corps
Reserve.
Extension and periodic evaluation of suicide prevention and
resilience program for the reserve components (sec. 515)
The House amendment contained a provision (sec. 520G) that
would strike subsection (g) of section 10219 of title 10,
United States Code, to extend permanently the suicide
prevention and resilience program for the reserve components
and their families.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend such
program for 5 years and require the Secretary of Defense to
conduct a program evaluation every third year beginning in
2022, until the program terminates, to determine the
effectiveness of the program.
[[Page H9755]]
Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve components (sec.
516)
The House amendment contained a provision (sec. 512) that
would amend section 14703 of title 10, United States Code, to
authorize the Secretary concerned to retain Reserve Component
medical specialty officers beyond the age of 68.
The Senate bill contained no similar provision.
The Senate recedes.
Modernization of inspection authorities applicable to the
National Guard (sec. 517)
The Senate bill contained a provision (sec. 1036) that
would amend section 105 of title 32, United States Code, to
authorize the Chief of the National Guard Bureau to conduct
inspections to determine whether units and members of the
Army National Guard and Air Force National Guard comply with
Federal law and policy applicable to the National Guard.
The House amendment contained no similar provision.
The House recedes with an amendment that would amend
section 105 of title 32, United States Code, to authorize the
Chief of the National Guard Bureau to have inspections made
by commissioned officers of the National Guard on behalf of
the Secretary of the Army or the Secretary of the Air Force.
Any inspections made under this authority may be made only
with the approval of the Secretary of the Army or the
Secretary of the Air Force.
Consultation with Chief of the National Guard Bureau in the
appointment or designation of National Guard property and
fiscal officers (sec. 518)
The Senate bill contained a provision (sec. 1038) that
would amend section 708 of title 32, United States Code, to
require the Chief of the National Guard Bureau, subject to
the approval of the secretary of the military department
concerned, to assign, designate, or detail property and
fiscal officers for each State, each territory, and the
District of Columbia.
The House amendment contained no similar provision.
The House recedes with an amendment that would amend
section 708 of title 32, United States Code, to require the
Governor of each State, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands, and the commanding general of
the National Guard of the District of Columbia to consult the
Chief of the National Guard Bureau in appointing a qualified
commissioned officer to be the property and fiscal officer of
that jurisdiction.
Coast Guard Junior Reserve Officers' Training Corps (sec.
519)
The House amendment contained a provision (sec. 520) that
would authorize the Secretary of the department in which the
Coast Guard is operating to establish a Junior Reserve
Officers' Training Corps unit in co-operation with Lucy
Garrett Beckham High School, Charleston County, South
Carolina.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
chapter 3 of title 14, United States Code, to authorize the
Secretary of the department in which the Coast Guard is
operating to establish and maintain a Junior Reserve
Officers' Training Corp at public and private secondary
educational institutions.
Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of
associated active duty units (sec. 520)
The Senate bill contained a provision (sec. 511) that would
repeal section 1113 of the Army National Guard Combat
Readiness Reform Act of 1992, which was included in the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484). This section required the review of a
recommended unit vacancy promotion of an officer in the
Selected Reserve by the commander of the Active-Duty unit
associated with the Selected Reserve unit of that officer.
The House amendment contained an identical provision (sec.
513).
The conference agreement includes this provision.
Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters (sec. 520A)
The House amendment contained a provision (sec. 520E) that,
not later than 180 days after the enactment of this Act,
would require the Secretary of Defense, in consultation with
the Federal Emergency Management Agency, the National
Security Council, the Council of Governors, and the National
Governors Association, to submit a report on their plan to
establish policy and processes to implement the authority
provided by the amendments made by section 520.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report and briefing on the Senior Reserve Officers' Training
Corps (sec. 520B)
The Senate bill contained a provision (sec. 5507) that
would require the Secretary of Defense to submit a report to
the Committees on Armed Services of the Senate and the House
of Representatives on the feasibility and advisability of
expanding the Senior Reserve Officers' Training Corps (ROTC)
to include distance learning programs and community colleges.
The provision would also require a briefing on the effect of
prohibitions on closing certain ROTC detachments.
The House amendment contained no similar provision.
The House recedes.
Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units (sec. 520C)
The House amendment contained a provision (sec. 518) that
would express the sense of Congress regarding support for
3,700 Junior Reserve Officers' Training Corps units
nationwide.
The Senate bill contained a similar provision.
The Senate recedes with an amendment that would remove all
findings from the provision.
Subtitle C--General Service Authorities and Correction of Military
Records
Advice and counsel of trauma experts in review by boards for
correction of military records and discharge review
boards of certain claims (sec. 521)
The Senate bill contained a provision (sec. 548) that would
include social workers in the category of health care
professionals whose diagnosis that a current or former
servicemember is experiencing or has experienced post-
traumatic stress disorder, traumatic brain injury, or another
mental health disorder, must be accorded consideration by a
board for the correction of military records or discharge
review board in the matter of that member.
Further, the provision would include social workers in the
category of health care professionals authorized to render a
medical advisory opinion to a board for the correction of
military records, or to be a member of a discharge review
board considering the application of such a servicemember.
The Senate bill also included a provision (sec. 549) that
would expand the types of cases in which boards for the
correction of military records and discharge review boards
must accord liberal consideration to the evidence presented
by a servicemember or former servicemember, to include cases
in which post-traumatic stress disorder or traumatic brain
injury related to sexual trauma, intimate partner violence,
spousal abuse, or combat serves as all or part of the
justification for the member or former member's application
to the board for relief.
Further, the Senate bill included a provision (sec. 550)
that would require a board for the correction of military
records or a discharge review board reviewing a case in which
a current or former servicemember's request for relief is
based on post-traumatic stress disorder or traumatic brain
injury, to seek advice and counsel from a psychiatrist,
psychologist, or social worker with training on like mental
health issues. The provision would further require that, if
an applicant asserts sexual trauma, intimate partner
violence, or spousal abuse, the board must seek advice and
counsel from an expert in trauma specific to those adverse
experiences.
The House amendment included a provision (sec. 530D) that
would require a board for the correction of military records
or a discharge review board considering a servicemember's
request for relief that is grounded in post-traumatic stress
disorder or traumatic brain injury, to seek advice and
counsel from a psychiatrist, psychologist, or social worker
with training on mental health issues associated with those
diagnoses. If any such board is reviewing a claim in which
sexual trauma, intimate partner violence, or spousal abuse is
claimed, the board is mandated to seek advice from an expert
in trauma specific to such adverse experiences.
The Senate recedes with a technical amendment.
Reduction in required number of members of discharge review
boards (sec. 522)
The Senate bill contained a provision (sec. 547) that would
amend section 1553 of title 10, United States Code, to reduce
the minimum number of members comprising a Discharge Review
Board from five to three.
The House amendment contained no similar provision.
The House recedes.
Establishment of process to review a request for upgrade of
discharge or dismissal (sec. 523)
The House amendment contained a provision (sec. 521) that
would require the Secretary of Defense to establish a board
of discharge appeals to hear appeals of requests for upgraded
discharges and dismissals that had been denied by the service
review agencies. The provision also would require the
Secretary to submit a report not later than April 1, 2021, on
data based on the appeals heard by the board, and to publish
the information online annually beginning on October 1, 2022.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to establish a process by which to
conduct a final review of a request for an upgrade in the
characterization of a discharge or dismissal, after the
petitioner had exhausted all remedies available at a military
department board for the correction of military or naval
records or discharge review board. The amended provision
would direct the Secretary to make use of existing
organizations, boards, processes, and personnel of the
Department of Defense, to the greatest extent
[[Page H9756]]
practicable, in establishing and implementing the review
process, and would provide that subsequent to final review,
the Secretary of Defense may recommend, as appropriate, that
the secretary of the military department concerned upgrade
the characterization of the petitioner's discharge or
dismissal. Finally, the amended provision would delay until
January 1, 2022, the requirement that the Secretary of
Defense submit to the committees on armed services of the
Senate and the House of Representatives, a report detailing
the outcomes of the review process to that date, and echoes
the requirement for annual online reporting of outcomes
beginning on October 1, 2022.
Prohibition on reduction in the number of personnel assigned
to duty with a service review agency (sec. 524)
The House amendment contained a provision (sec. 522) that
would amend section 1559(a) of title 10, United States Code,
to extend the prohibition on reducing the number of military
and civilian personnel assigned to duty with the service
review agency of a military department until December 31,
2025. This provision would also require the Secretary of each
military department to submit a report that details that
department's plan to reduce the backlog of applications
before the service review agency and, not later than October
1, 2021, to maintain the resources required to meet
timeliness standards for disposition of applications before
the Corrections Boards under section 1557 of title 10, United
States Code. The report would be required to be submitted to
the Committees on Armed Services of the Senate and House of
Representatives not later than 180 days after the enactment
of this Act.
The Senate bill contained no similar provision.
The Senate recedes.
Training of members of boards for correction of military
records and discharge review boards on sexual trauma,
intimate partner violence, spousal abuse, and related
matters (sec. 525)
The Senate bill contained a provision (sec. 551) that would
expand the types of cases in which boards for the correction
of military records and discharge review boards must accord
liberal consideration to the evidence presented by the
servicemember or former servicemember in support of an
application to the board and/or grant expedited consideration
of such an application to include cases in which post-
traumatic stress disorder or traumatic brain injury related
to sexual trauma, intimate partner violence, spousal abuse,
or combat serves as all or part of the justification for the
member or former member's request for relief.
The House amendment contained a provision (sec. 530E) that
would require that the curriculum of training for members of
boards for the correction of military or naval records and
discharge review boards include training on sexual trauma,
intimate partner violence, spousal abuse, and the various
responses of individuals to trauma.
Further, the provision would require the Secretary of
Defense and the Secretary of Homeland Security to ensure
that, to the extent practicable, the training developed and
provided in this regard is uniform across the Armed Forces.
The Senate recedes.
Time requirements for certification of honorable service
(sec. 526)
The House amendment contained a provision (sec. 524) that
would require the secretary of a military department or a
designated commissioned officer serving in the pay grade of
O-6 or higher to, upon submission of a completed United
States Citizenship and Immigration Services Form N-426 in the
case of a member of the Armed Forces who has served honorably
on Active Duty, provide certification not later than 5 days
thereafter, and in the case of a member of the Armed Forces
who has served honorably in the reserve component provide
certification not later than 3 weeks thereafter.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to publish regulations governing the
submission and processing of a completed United States
Citizenship and Immigration Services Form N-426. Such
regulations shall designate the appropriate grade of an
officer authorized to certify the form, and establish
timeliness requirements, within which the form must be
returned to the submitting servicemember.
Correction of certain discharge characterizations (sec. 527)
The House amendment contained a provision (sec. 530H) that
would require that, on request of a former servicemember who
was discharged from the Armed Forces because of his or her
sexual orientation, the boards for the correction of military
or naval records and discharge review boards of the
applicable military department would change the discharge
characterization of that member to honorable, if the board's
review determined such change to be appropriate. The
provision would require consistency across the Department of
Defense in the manner of considering such requests, and that
the former member be authorized to use regular processes to
appeal a decision by such a board not to change the
characterization of the member's discharge. Finally, as to
each former member whose discharge characterization is
changed, the provision would require the Secretary of Defense
to reissue a revised DD Form 214 that does not reflect the
sexual orientation of the member or the reason for the
member's initial discharge.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
that a former member covered by this provision may seek
review pursuant to section 1552 of title 10, United States
Code, section 1553 of such title, or any other process
established by the Secretary of Defense for such purpose, of
a decision by the appropriate board not to change the
discharge characterization of that member.
Development of guidelines for use of unofficial sources of
information to determine eligibility of members and
former members of the Armed Forces for decorations when
the service records are incomplete because of damage to
the official record (sec. 528)
The House amendment contained a provision (sec. 530A) that
would require the Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, to develop guidelines for
the use of unofficial sources of information to determine the
eligibility of a servicemember for benefits and decorations
when the service records are incomplete because of damage to
the records.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop guidelines for the use of
unofficial sources of information to determine the
eligibility of a member or former member of the Armed Forces
for decorations when the service records are incomplete
because of damage.
Strategic plan for diversity and inclusion (sec. 529)
The House amendment contained a provision (sec. 526) that
would require the Secretary of Defense to update and
implement a Department of Defense Diversity and Inclusion
Strategic Plan. The plan would cover a 5-year period
beginning January 1, 2020.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to design and implement a 5-year
strategic plan for diversity and inclusion in the Department
of Defense that incorporates existing efforts to promote
diversity and inclusion and is consistent with the objectives
of the 2018 National Military Strategy. The amended provision
would require the Secretary to implement the strategic plan
for diversity and inclusion not later than 1 year from the
date of the enactment of this Act.
Study regarding screening individuals who seek to enlist in
the Armed Forces (sec. 530)
The House amendment contained a provision (sec. 530C) that
would require the Secretary of Defense to study the
feasibility of using the Federal Bureau of Investigation
Tattoo and Graffiti Identification Program and National Gang
Intelligence Center, to screen for white nationalists and
individuals with ties to white nationalist organizations as
part of background investigations and security screenings of
individuals who seek to enlist in the Armed Forces.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to study the feasibility of using the
Federal Bureau of Investigation Tattoo and Graffiti
Identification Program and National Gang Intelligence Center
to screen for a variety of extremist and gang-related
activity.
Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-citizens
(sec. 530A)
The House amendment contained a provision (sec. 530F) that
would require the Secretary of Defense to provide the
Secretary of Homeland Security with a copy of the Certificate
of Release or Discharge from Active Duty (DD Form 214) issued
to each servicemember who is not a citizen of the United
States and who is honorably discharged from the Armed Forces,
not later than 30 days after the date of such discharge.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to study the feasibility of providing
the Secretary of Homeland Security with a copy of the DD Form
214 of each non-citizen servicemember who is discharged from
a period of Active Duty in the Armed Forces with an honorable
characterization of service, within 30 days of the date of
such member's discharge.
The conferees note that the purpose of the assessment is to
consider whether the proactive transmission of a former
servicemember's DD Form 214 to the Secretary of Homeland
Security within 30 days of discharge promotes accurate and
up-to-date record keeping regarding the immigration status of
that former member. The conferees direct the Secretary of
Defense to provide a report on the results of the assessment
to the Committees on Armed Services of the Senate and the
House of Representatives not later than 180 days after the
date of the enactment of this Act.
Sense of Congress regarding accession physicals (sec. 530B)
The Senate bill contained a provision (sec. 5509) that
would express a sense of Congress that permitting military
accession physicals in local communities would allow military
recruiters to focus on their core recruiting
[[Page H9757]]
mission and also reduce cost and increase efficiency at
military entrance processing stations (MEPS).
The House amendment contained a similar provision (sec.
529).
The Senate recedes with an amendment that would express a
sense of Congress that the Secretary of Defense should
explore alternatives to centralized accession physicals at
MEPS, including by conducting such physicals through local
community health care providers.
Subtitle D--Military Justice
Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of
efficiency in military justice (sec. 531)
The Senate bill contained a provision (sec. 555) that would
amend Article 30a of the Uniform Code of Military Justice (10
U.S.C. 830a) to require the President to prescribe
regulations governing proceedings related to an expanded
set of matters that would be authorized to be conducted by
military judges and military magistrates prior to the
referral of court-martial charges. In addition to matters
related to investigative subpoenas, warrants for
electronic communications, and matters referred by an
appellate court, this expanded set of pre-referral matters
would include matters related to the pre-trial confinement
of an accused, the mental capacity responsibility of an
accused, and an accused's request for individual military
counsel.
The House amendment contained a similar provision (sec.
540B).
The House recedes with a clarifying amendment.
Command influence (sec. 532)
The House amendment contained a provision (sec. 531) that
would amend section 837 of title 10, United States Code
(article 37 of the Uniform Code of Military Justice), to
prohibit convening authorities and commanding officers from
censuring or admonishing a military court, or any of its
members, the military judge, or counsel, with respect to the
findings or sentence adjudged by the court; from deterring or
attempting to deter a potential witness from participating in
the investigative process or testifying at a court-martial;
or from attempting to coerce or influence the action of a
court-martial or member thereof, in reaching the findings or
sentence in any case, or the actions of the convening,
approving, or reviewing authority. The provision would
expressly permit convening authorities and commanding
officers to engage in general communications with
subordinates or to seek advice from a superior officer on the
disposition of alleged violations of the Uniform Code of
Military Justice. The provision would clarify that no
findings of a sentence of a court-martial may be held
incorrect on the grounds of a violation of this provision
unless the violation materially prejudices the substantial
rights of the accused.
The Senate bill contained no similar provision.
The Senate recedes with technical amendments.
Statute of limitations for certain offenses (sec. 533)
The House amendment contained a provision (sec. 532) that
would amend Article 43 of the Uniform Code of Military
Justice (10 U.S.C. 843) to include the offenses of maiming or
kidnapping of a child among those that may be tried and
punished at any time, without limitation. This amendment
would take effect on the date of enactment of this Act and
would apply with respect to the prosecution of such offenses
committed before, on, or after the date of the enactment of
this Act, provided the applicable limitation period has not
yet expired.
The Senate bill contained no similar provision.
The Senate recedes.
Public access to dockets, filings, and court records of
courts-martial or other records of trial of the military
justice system (sec. 534)
The Senate bill contained a provision (sec. 559) that would
amend Article 140a of the Uniform Code of Military Justice
(10 U.S.C. 940a) to clarify that the Secretary of Defense
must act in coordination with the Secretary of Homeland
Security to apply to the United States Coast Guard the
uniform standards and criteria governing administration of
the military justice system, including those associated with:
(1) The collection and analysis of data; (2) Case processing
and management; (3) Timely, efficient, and accurate
production and distribution of records of trial; and (4)
Facilitating public access to docket information, filings,
and records of court-martial proceedings. Further, the
provision also would clarify that the Privacy Act (5 U.S.C.
552a) would not apply to courts-martial information made
publicly available in accordance with Article 140a. Finally,
the provision would affirm that the public access requirement
would not apply to court-martial docket information, filings,
or records that are classified, subject to a judicial
protective order, or ordered sealed.
The House amendment contained no similar provision.
The House recedes with an amendment that would maintain
applicability of the Privacy Act to records of trial produced
or distributed within the military justice system, as well as
to docket information, filings, and records made accessible
to the public.
Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces (sec. 535)
The Senate bill contained a provision (sec. 533) that would
amend section 546(f)(1) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) to extend the term of the
Defense Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces (DAC-IPAD) by 5
years.
The House amendment contained a similar provision (sec.
548).
The House recedes.
The conferees request the DAC-IPAD review, as appropriate,
whether other justice programs (e.g., restorative justice
programs, mediation) could be employed or modified to assist
the victim of an alleged sexual assault or the alleged
offender, particularly in cases in which the evidence in the
victim's case has been determined not to be sufficient to
take judicial, non-judicial, or administrative action against
the perpetrator of the alleged offense.
Further, the conferees recognize the importance of
providing survivors of sexual assault an opportunity to
provide a full and complete description of the impact of the
assault on the survivor during court-martial sentencing
hearings related to the offense. The conferees are concerned
by reports that some military judges have interpreted Rule
for Courts-Martial (RCM) 1001(c) too narrowly, limiting what
survivors are permitted to say during sentencing hearings in
ways that do not fully inform the court of the impact of the
crime on the survivor.
Therefore, the conferees request that, on a one-time basis,
or more frequently, as appropriate, and adjunct to its review
of court-martial cases completed in any particular year, the
DAC-IPAD assess whether military judges are according
appropriate deference to victims of crimes who exercise their
right to be heard under RCM 1001(c) at sentencing hearings,
and appropriately permitting other witnesses to testify about
the impact of the crime under RCM 1001.
Authority for return of personal property to victims of
sexual assault who file a Restricted Report before
conclusion of related proceedings (sec. 536)
The Senate bill contained a provision (sec. 532) that would
amend section 586 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81) to require the
Secretary of Defense to prescribe procedures under which a
victim of sexual assault who files a restricted report may,
at any time and on a confidential basis, request the return
of the victim's personal property obtained as part of the
sexual assault forensic examination. Any such request on the
part of the victim would not affect the restricted nature of
the victim's report of sexual assault. The provision also
would require a Sexual Assault Response Coordinator or Sexual
Assault Prevention and Response Victim Advocate to inform the
victim of his or her right to request the return of personal
property under these procedures, but that any such return
might negatively affect a subsequent adjudication of the
case, should the victim later decide to convert the
restricted report to an unrestricted report. The provision
would not affect the requirement to retain a sexual assault
forensic examination kit for the period required in law.
The House amendment contained no similar provision.
The House recedes.
Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice (sec. 537)
The House amendment contained a provision (sec. 533) that
would require the Secretary of Defense to establish non-
binding sentencing guidelines for offenses under the Uniform
Code of Military Justice, taking into account sentencing data
collected by the Military Justice Review Panel.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop non-binding guidelines on
sentences for offenses under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), including
suggested ranges of confinement. The provision would require
the Secretary of Defense to submit the sentencing guidelines
developed, together with an assessment of the feasibility and
advisability of implementing such guidelines in panel
sentencing cases, to the Committees on Armed Services of the
Senate and the House of Representatives, not later than 1
year after the date on which the first report of the Military
Justice Review Panel is submitted, to ensure that development
of the guidelines is informed by sentencing data collected by
the Panel.
Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of
sexual assault (sec. 538)
The Senate bill contained a provision (sec. 524) that would
require a commander of a member of the Armed Forces who is
the victim of an alleged sexual assault committed by another
member of the Armed Forces to provide notification to the
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. In cases in which the member of the Armed Forces
alleged to have committed the sexual assault is subject to
prosecution by both court-martial and by a
[[Page H9758]]
civilian court under Federal or State law, the commander of
the victim would be required to create and maintain
appropriate documentation of the victim's expressed
preference, if any, of forum for prosecution of the offense.
The Secretary of Defense would be required to prescribe
regulations applicable to the notifications, elections,
and documentation required by the provision.
The House amendment contained a similar provision (sec.
534).
The Senate recedes with an amendment that would require
notification to a victim of each significant event in the
military justice process, and documentation of that
notification, as well as documentation of the victim's
preference for prosecution jurisdiction, in an appropriate
system of records of the military department concerned. The
Secretary of Defense would be required to prescribe
regulations implementing this provision not later than 180
days after the date of the enactment of this Act, with a view
to permitting the Secretary to determine by whom each such
notifications should be made, the manner of each
notification, whether a victim may elect not to receive such
notifications, and how decisions on the part of the victim
should be memorialized, among other matters.
Increase in number of digital forensic examiners for certain
military criminal investigative organizations (sec. 539)
The Senate bill contained a provision (sec. 557) that would
require each of the secretaries of the military departments
to increase the number of digital forensic examiners in each
military criminal investigative organization (MCIO) under
that secretary's jurisdiction by not fewer than 10 examiners
above the baseline number of digital forensic examiners in
each MCIO as of September 30, 2019.
The House amendment contained a similar provision (sec.
536).
The House recedes with a clarifying amendment.
Increase in investigative personnel and Victim Witness
Assistance Program liaisons (sec. 540)
The House amendment contained a provision (sec. 535) that
would require the secretaries of the military departments to
ensure the number of personnel authorizations for criminal
investigators allow for the completion of investigations of
sex-related offenses in no more than 6 months, to the extent
practicable. The provision would require each Secretary to
issue guidance requiring criminal investigators to submit a
status report to their direct supervisor in the event an
investigation exceeds 90 days. The provision also would
require the secretaries of the military departments to
increase the number of personnel serving as Victim Witness
Assistance Program liaisons to address personnel shortages.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
secretaries of the military departments, within 1 year from
the date of enactment of this Act, to increase the number of
personnel assigned to the military criminal investigative
organization of that department, with the goal of ensuring
that, to the extent practicable, the investigation of any
sex-related offense is completed not later than 6 months
after the date on which the investigation is initiated. An
investigation would be deemed complete when the active phase
of the investigation is sufficiently complete to enable the
appropriate authority to reach a decision with respect to the
disposition of charges for the sex-related offense. The
provision would further require each secretary to increase
the number of personnel serving as Victim Witness Assistance
liaisons to address personnel shortages in the program, also
within a period of one year. Finally, the provision would
specify that neither the statement of an aspirational
timeline for the completion of investigations of sex-related
offenses, nor the directive to increase the number of
criminal investigators and Victim Witness Assistance liaisons
creates a cause of action enforceable at law or in equity
against the United States, the Department of Defense, or any
person.
Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault
and collateral offenses (sec. 540A)
The Senate bill contained a provision (sec. 523) that would
require comprehensive training for sexual assault initial
disposition authorities, as defined by the April 20, 2012,
Secretary of Defense memorandum, ``Withholding Initial
Disposition Authority Under the Uniform Code of Military
Justice in Certain Sexual Assault Cases,'' on the exercise of
their authorities in such cases, with a view to enhancing the
capabilities of such authorities and promoting trust and
confidence in the military justice system.
The House amendment contained a similar provision (sec.
540).
The Senate recedes with a technical amendment.
Training for commanders in the Armed Forces on their role in
all stages of military justice in connection with sexual
assault (sec. 540B)
The Senate bill contained a provision (sec. 525) that would
require training provided to all military commanders to
include comprehensive training on the role of a commander:
(1) In all stages of the military justice process in
connection with sexual assault committed by a member of the
Armed Forces, including investigation and prosecution; (2) In
ensuring that a victim of sexual assault is informed of, and
has the opportunity to obtain, the assistance available by
law; (3) In ensuring that the victim is afforded all rights
and protections authorized under law; (4) In preventing
retaliation; (5) In establishing and maintaining a healthy
command climate; and (6) In any other matters in connection
with sexual assault deemed appropriate by the Secretary of
Defense.
The provision would further require that the training
provided to commanders incorporate best practices in all
matters covered. These best practices should be identified
and brought current through periodic surveys and reviews.
The House amendment contained a similar provision (sec.
540C).
The House recedes with a technical amendment.
Timely disposition of nonprosecutable sex-related offenses
(sec. 540C)
The House amendment contained a provision (sec. 539) that
would require the Secretary of Defense to develop and
implement a policy to ensure the timely disposition of non-
prosecutable sex-related offenses.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to develop a policy to ensure the timely
disposition of alleged sex-related offenses that a court-
martial convening authority has declined to refer for trial
by a general or special court-martial, due to a determination
that there is insufficient evidence to support prosecution of
the offense. The Secretary would be required to implement the
policy within 180 days of the enactment of this Act.
Department of Defense-wide policy and military department-
specific programs on reinvigoration of the prevention of
sexual assault involving members of the Armed Forces
(sec. 540D)
The Senate bill contained a provision (sec. 521) that would
require the Secretary of Defense to promulgate a
comprehensive policy to reinvigorate the prevention of sexual
assault among members of the Armed Forces, within 180 days
after enactment of this Act.
The provision would require inclusion in the comprehensive
policy of programs that: (1) Provide education and training
on the prevention of sexual assault; (2) Promote healthy
relationships; (3) Are designed to empower and enhance the
role of non-commissioned officers in the prevention of sexual
assault; (4) Foster social courage to promote interventions
to prevent sexual assault; (5) Address behaviors across the
continuum of harm; (6) Counter alcohol abuse, including binge
drinking; and (7) Encompass such other matters as the
Secretary of Defense deems appropriate.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Recommendations on separate punitive article in the Uniform
Code of Military Justice on sexual harassment (sec. 540E)
The Senate bill contained a provision (sec. 529) that would
require the Joint Service Committee on Military Justice to
submit to the Committees on Armed Services of the Senate and
the House of Representatives, a report setting forth
legislative and administrative actions required to establish
a punitive article on sexual harassment in the Uniform Code
of Military Justice. The report would be required to be
submitted within 180 days of the date of the enactment of
this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of
Representatives, not later than 180 days after the date of
enactment of this Act, which report must set forth such
recommendations as the Secretary considers appropriate with
respect to the establishment of a separate punitive article
on sexual harassment in chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).
Report on military justice system involving alternative
authority for determining whether to prefer or refer
changes for felony offenses under the Uniform Code of
Military Justice (sec. 540F)
The Senate bill contained a provision (sec. 561) that would
require the Secretary of Defense to submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report setting forth the results of a study
on the feasibility and advisability of an alternative
military justice system in which determinations to prefer or
refer charges for trial by court-martial, for offenses for
which the maximum punishment includes confinement for more
than 1 year under the Uniform Code of Military Justice
(Chapter 47 of title 10, United States Code), would be
made by a judge advocate officer in a grade of 0-6 or
higher, who has significant experience in criminal
litigation and is outside of the chain of command of the
member of the Armed Forces who is the subject of the
charges, rather than by a commanding officer in the
subject's chain of command. The report would further
assess the feasibility and advisability of conducting a
pilot
[[Page H9759]]
program to assess any such alternative military justice
system, and would be required to be submitted not later
than 300 days after the date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Report on standardization among the military departments in
collection and presentation of information on matters
within the military justice system (sec. 540G)
The Senate bill contained a provision (sec. 562) that would
require the Secretary of Defense to submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, describing plans to standardize across the
military departments, to the extent practicable, the
collection and presentation of matters within their military
justice systems, including information collected and
maintained to facilitate public access to court-martial
docket information, filings, and records, and for other
purposes set forth in article 140 of the Uniform Code of
Military Justice (10 U.S.C. 940a). In particular, the
provision would require the Secretary to assess the
feasibility and advisability of establishing and maintaining
a single, Department of Defense-wide military justice data
management system. The report would be submitted not later
than 180 days after the date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Report on expansion of Air Force safe to report policy across
the Armed Forces (sec. 540H)
The Senate bill contained a provision (sec. 528) that would
require the Secretary of Defense, in consultation with the
secretaries of the military departments and the Secretary of
Homeland Security, to submit a report to the Committees on
Armed Services of the Senate and House of Representatives,
assessing the feasibility and advisability of applying across
the Armed Forces, the Safe to Report policy currently
applicable only in the Air Force. The report would be
required to be submitted within 180 days of the date of the
enactment of this Act.
The Safe to Report policy currently in effect in the Air
Force provides that a member of the Armed Forces who is a
victim of a sexual assault committed by another member of the
Armed Forces, but who may have committed minor collateral
misconduct at or about the time of the sexual assault or
whose minor collateral misconduct is discovered only as a
result of the investigation of the sexual assault, may report
the assault to authorities without fear or receipt of
discipline in connection with that minor collateral
misconduct.
The House amendment contained no similar provision.
The House recedes.
Assessment of racial, ethnic, and gender disparities in the
military justice system (sec. 540I)
The Senate bill contained a provision (sec. 535) that would
require the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces to conduct a review and assessment of the race and
ethnicity of servicemembers accused, charged, or convicted of
certain sexual offenses.
The House amendment contained a similar provision (sec.
540A) that would require the Secretary of Defense to require
that, as to each court-martial conducted after the date of
the enactment of this Act, the race, ethnicity, gender, and
other such demographic information about the victim and the
accused are recorded, and that data based on this information
is included in the annual military justice reports of the
Armed Forces. Further, in consultation with the secretaries
of the military departments and the Secretary of Homeland
Security, the Secretary of Defense would conduct an
evaluation to identify the causes of any racial, ethnic, or
gender disparities in the military justice system and take
appropriate steps to address them.
The Senate recedes with an amendment that would require the
Defense Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces (or DAC-IPAD)
to conduct certain reviews and assessments regarding the race
and ethnicity of members of the Armed Forces accused, charged
with, and convicted of certain sexual assault offenses, for
each fiscal year in which the Committee assesses completed
court-martial cases. A report on the results of all such
reviews and assessment would be submitted to the Committees
on Armed Services of the Senate and the House of
Representatives not later than one year after the date of the
enactment of this Act.
Pilot programs on defense investigators in the military
justice system (sec. 540J)
The Senate bill contained a provision (sec. 560) that would
require each of the Secretaries of the military departments
to execute a pilot program to determine whether the presence
and utilization of defense investigators makes the military
justice system more fair and efficient and more effective in
determining the truth. Defense investigators engaged in each
secretary's pilot would participate in the military justice
system in a manner similar to that in which defense
investigators participate in civilian criminal justice
systems, and the personnel and activities of pilot program
defense investigators would be uniform across all military
departments, to the extent practicable.
The provision would specify that a defense investigator
participating in the pilot may question a victim only upon a
request made through a Special Victims' Counsel or other
counsel of the victim or the trial counsel.
Further, the provision would require that, not later than 3
years after the date of the enactment of this Act, the
Secretary of Defense submit to the Committees on Armed
Services of the Senate and the House of Representatives a
consolidated report on the defense investigator pilot program
with an assessment of the feasibility and advisability of
establishing and maintaining defense investigators as a
permanent element of the military justice system.
The House amendment contained a similar provision (sec.
537).
The Senate recedes.
Report on preservation of recourse to restricted report on
sexual assault for victims of sexual assault following
certain victim or third-party communications (sec. 540K)
The Senate bill contained a provision (sec. 531) that would
require the Secretary of Defense to submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the feasibility and advisability
of a Department of Defense policy that would permit the
victim of a sexual assault, when the victim is a member of
the Armed Forces or an adult dependent of such a member, to
have a report of the assault made by the victim to a member
of the Armed Forces in the victim's or victim's sponsor's
chain of command, or to military law enforcement, treated as
a restricted report. A report of the assault made by any
individual other than the victim would be similarly treated.
In preparing the report, which would be due not later than
180 days after the date of the enactment of this Act, the
Secretary would be required to consult with the Defense
Advisory Committee on Investigation, Prosecution, and Defense
of Sexual Assault in the Armed Forces.
The House amendment contained a similar provision (sec.
550P).
The House recedes.
Report on establishment of guardian ad litem program for
certain military dependents who are a victim or witness
of an offense under the Uniform Code of Military Justice
involving abuse or exploitation (sec. 540L)
The Senate bill contained a provision (sec. 563) that would
require the Secretary of Defense to submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the feasibility and advisability
of establishing a guardian ad litem program for military
dependents, under 12 years of age or who lack mental or other
capacity, who are victims or witnesses to an offense under
the Uniform Code of Military Justice (Chapter 47 of title 10,
United States Code) that involves an element of abuse or
exploitation. Should the Secretary determine that
establishment of such a program is feasible and advisable,
the report must include a description of: (1) The
administrative requirements, including resources, required
for the program; (2) Best practices, determined in
consultation with civilian experts on child advocacy; and (3)
Recommendations for legislative and administrative action
required to implement the program. The report would be
required to be submitted not later than 1 year after the date
of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Comptroller General of the United States report on
implementation by the Armed Forces of recent statutory
requirements on sexual assault prevention and response in
the military (sec. 540M)
The Senate bill contained a provision (sec. 537) that would
require the Comptroller General of the United States to
conduct a study of the Armed Forces' implementation of
statutory requirements on sexual assault prevention and
response enacted by the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136) and each succeeding
National Defense Authorization Act through the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232). The provision also would
require the Comptroller General to submit a report on this
study to the Committees on Armed Services of the Senate
and the House of Representatives. For each statutory
requirement the report would include an assessment of: (1)
Whether the requirement has been or is being implemented;
(2) The actions taken by the Armed Forces to determine
whether the actions taken pursuant to each requirement
have proven effective in meeting the intended objective;
and (3) Any other matters deemed appropriate. Finally, the
provision would require the Comptroller General to provide
to the Committees on Armed Services of the Senate and the
House of Representatives, not later than May 1, 2020, one
or more briefings on the status of the study, including
any findings and recommendations generated by the study to
date.
The House amendment contained no similar provision.
The House recedes.
Sense of Congress on the Port Chicago 50 (sec. 540N)
The House amendment contained a provision (sec. 1099) that
would express 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
[[Page H9760]]
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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would convey the
sense of Congress that the American people should recognize
the role of racial bias during the era in which the
prosecution and conviction of the Port Chicago 50 took place,
and that the Secretary of the Navy should, as appropriate,
recommend executive action in favor of the 49 remaining
Sailors with a general court-martial conviction and the 207
remaining Sailors with a summary court-martial conviction.
Subtitle E--Other Legal Matters
Improvement of certain Special Victims' Counsel authorities
(sec. 541)
The Senate bill contained a provision (sec. 542) that would
expand the legal assistance authorized to be provided by
Special Victims' Counsel to include legal consultation and
assistance in connection with an incident of retaliation,
whether occurring before, during, or after the conclusion of
any criminal proceedings.
The provision would also codify the Special Victims'
Counsel's duty to solicit the preference of a victim of an
alleged sex-related offense as to whether the offense should
be prosecuted by court-martial or in a civilian court with
jurisdiction over the offense and to advise appropriate
military prosecutors of the victim's preference.
Finally, within 120 days of enactment of this Act, the
provision would require the Secretary of Defense to provide a
report to the Committees on Armed Services of the Senate and
the House of Representatives, detailing the manner--including
the additional personnel, resources, and training required--
in which the Department of Defense would extend eligibility
for Special Victims' Counsel services to certain military and
military-affiliated civilian victims of alleged domestic
violence offenses and to certain other civilian victims of an
alleged sex-related or domestic violence offenses, were
expansion of the program to be authorized in law.
The House amendment contained no similar provision.
The House recedes with an amendment that would require that
not later than 4 years after the date of the enactment this
Act, the secretary of each military department shall ensure
that the number of Special Victims' Counsel serving in that
department is sufficient to ensure that the average caseload
of a Special Victims' Counsel does not exceed, to the extent
practicable, 25 cases any given time. The amendment would
further remove from this provision the assignment to Special
Victims' Counsel of the responsibility to solicit the
preference of the victim of an alleged sex-related offense
with regard to the forum of prosecution, and would eliminate
from this provision the reporting requirement pertaining to
the extension of Special Victims' Counsel services.
Availability of Special Victims' Counsel at military
installations (sec. 542)
The Senate bill contained a provision (sec. 543) that would
require that, in circumstances in which a Special Victims'
Counsel is not available at a military installation to
provide services to a member of the Armed Forces who requests
such a counsel, such a counsel be made available not later
than 72 hours after the member's request.
Further, the provision would require each of the
secretaries of the military departments to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report assessing the feasibility and
advisability of establishing for each Special Victims'
Counsel, one or more civilian positions to support the
counsel and to ensure continuity and the preservation of
institutional knowledge related to the provision of Special
Victims' Counsel services. The report would be submitted not
later than 180 days after enactment of this Act.
The House amendment contained a similar provision (sec.
550A).
The House recedes with an amendment that would require that
a Special Victims' Counsel be made available for access by a
servicemember who requests such counsel, not later than 72
hours after such a request, and that if the Secretary
concerned determines that exigent circumstances related to
military activities preclude the availability of a Special
Victims' Counsel within the prescribed period, the Secretary
shall ensure that such counsel is made available to the
requesting servicemember as soon as practicable.
Notification of issuance of military protective order to
civilian law enforcement (sec. 543)
The House amendment contained a provision (sec. 543) that
would amend section 1567a of title 10, United States Code, to
require unit commanders to notify civilian authorities of the
issuance of a military protective order against a member of
the Armed Forces, and in the case of the member's transfer to
another unit, to notify the receiving unit of the issuance of
a military protective order.
The provision also would require the Secretary of Defense,
not later than March 1, 2020, and each year thereafter
through 2024, to submit a report to the congressional defense
committees identifying the number of military protective
orders issued and the number of military protective orders
reported to civilian authorities in the prior calendar year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would delay until
March 1, 2021, and extend through 2025, submission by the
Secretary of Defense to the congressional defense committees
of an annual report on military protective orders, which
report would further detail the extent to which the
Department is complying with the requirement to report such
orders to civilian authorities.
Copyright protection for civilian faculty of certain
accredited institutions (sec. 544)
The House amendment contained a provision (sec. 550D) that
would add a section to title 10, United States Code,
providing that for purposes of copyright, a work produced by
a civilian member of the faculty of 12 ``covered
institutions'' is only a work of the United States Government
if created in direct support of a lecture, instruction,
curriculum development, or special duty assigned to that
civilian faculty member. The provision would further allow
that the Secretary concerned may require a civilian member of
a covered institution who becomes the owner of a copyright
under these conditions to 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.
The provision would enumerate the 12 ``covered
institutions'': (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; and (12) United States Coast Guard
Academy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
section 105 of title 17, United States Code, to provide that
a civilian faulty member of one of the 12 covered
institutions owns the copyright to a literary work produced
by the faculty member for publication by a scholarly press or
journal. The amendment would further provide that the
Secretary of Defense may direct the faculty member to provide
the Federal Government with an irrevocable, royalty-free,
world-wide nonexclusive license to reproduce, distribute,
perform, or display such literary work for United States
Government purposes.
The conferees echo the significant concerns expressed in
the 2018 National Defense Strategy (NDS) about the degraded
state of Department of Defense Professional Military
Education (PME). The NDS acknowledged, ``PME has stagnated,
focused more on the accomplishment of mandatory credit at the
expense of lethality and ingenuity.'' The conferees view the
instant provision as a small step toward overarching PME
reform. The conferees encourage the Secretary of Defense to
publish policy guidance to ensure the consistent
implementation of this provision across all covered
institutions. Further, with a view to measuring the effects
of this provision, the conferees request that not later than
January 31, 2022, the Department of Defense provide a report
to the Committees on Armed Services of the Senate and
House of Representatives detailing: (1) Since enactment of
this provision, how many copyrights vested in civilian
faculty members at each of the 12 covered institutions;
(2) How many civilian faculty members in whom such a
copyright vested published a literary work in a scholarly
press or journal, by covered institution; and (3) Real
world examples of the ways in which this provision has
improved the recruitment and retention of civilian faculty
members at each covered institution.
Termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness
or die while in military service (sec. 545)
The Senate bill contained a provision (sec. 6007) that
would amend section 3955 of title 50, United States Code,
allowing a spouse of a servicemember who incurs a
catastrophic injury or illness during a period of military
service while performing full-time National Guard duty,
active Guard and Reserve duty, or inactive-duty training to
terminate the lease of a premises or motor vehicle.
The House amendment contained an identical provision (sec.
550G).
The conference agreement includes this provision.
Military orders required for termination of leases pursuant
to the Servicemembers Civil Relief Act (sec. 546)
The House amendment contained a provision (sec. 546) that
would amend section 3955 of title 50, United States Code, to
clarify that, in the context of terminating residential or
motor vehicle leases, military orders for a permanent change
of station include separation or retirement orders.
The Senate bill contained no similar provision.
The Senate recedes.
[[Page H9761]]
Preservation of right to bring class action under
Servicemembers Civil Relief Act (sec. 547)
The House amendment contained a provision (sec. 550J) that
would amend section 802(a) of the Servicemembers Civil Relief
Act (Public Law 109-189) to clarify that individuals covered
by the Servicemembers Civil Relief Act are entitled to 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.
The Senate bill contained no similar provision.
The Senate recedes.
Legal counsel for victims of alleged domestic violence
offenses (sec. 548)
The Senate bill contained a provision (sec. 541) that would
authorize the secretaries of the military departments to
provide Special Victims' Counsel services to certain military
and military-affiliated civilian personnel who are the
victims of an alleged domestic violence offense, if a given
secretary determines that resources are available for this
purpose without impairing capacity to provide such services
to the victims of alleged sex-related offenses already
authorized by law to receive them. The provision also would
authorize a given secretary to extend the provision of
Special Victims' Counsel services, under the same terms and
conditions, to certain civilian persons who are the victims
of an alleged sex-related offense or alleged domestic
violence offense, but who are not currently authorized to
receive such services.
The House amendment contained a similar provision (sec.
542) that would expand the Special Victims' Counsel program
to cover domestic violence victims and to include designated
Special Victims' Counsel paralegals. This provision would
also require expansion of the Special Victim's Counsel
program not later than two years after the date of enactment
of this Act, and would mandate a report, due to Congress not
later than December 1, 2022, assessing military service
compliance with Special Victims' Counsel program
requirements.
The House recedes with an amendment that would require the
Secretary of Defense to carry out a program to provide legal
counsel to victims of alleged domestic violence offenses who
are otherwise eligible for military legal assistance, not
later than December 1, 2020. The program may be part of
another program or established separately. The Secretary of
Defense would be required to ensure that program counsel
receive specialized training in the legal issues commonly
associated with alleged domestic violence offenses and, to
the extent practicable, serve in the program for a period of
no less than two years. Further, the Secretary would ensure
that counsel are supported by sufficient trained paralegal
support. In a report due to the Committees on Armed Services
of the Senate and the House of Representatives not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense would provide: (1) A description of the
manner in which the Department will implement the required
program; (2) Describe any additional personnel, resources,
and training needed; and (3) Make recommendations for any
modifications to law that may be necessary to carry out the
program effectively.
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. 549)
The Senate bill contained a provision (sec. 526) that would
require the Secretary of Defense to promulgate regulations to
require a commander who determines not to refer a case of
alleged sexual assault for trial by court-martial to provide
the victim with notification, no less frequently than
monthly, of the status of any further action in the case,
including non-judicial punishment, administrative action, or
no action, until a final determination of such further action
is made.
The House amendment contained an identical provision (sec.
550B).
The conference agreement includes this provision.
Treatment of information in Catch a Serial Offender Program
for certain purposes (sec. 550)
The Senate bill contained a provision (sec. 530) that would
exclude reports filed with the Catch a Serial Offender
Program from application of the Freedom of Information Act (5
U.S.C. 552). Further, the provision would make plain that
transmittal or receipt of a restricted report of sexual
assault to or by the Catch a Serial Offender Program would
not terminate the report's treatment or status as restricted.
The House amendment contained a similar provision (sec.
550O).
The House recedes with an amendment that would specify that
victim disclosures under the Catch a Serial Offender Program
shall be withheld from public disclosure under paragraph
(b)(3) of the Freedom of Information Act (5 U.S.C. 552).
Policies and procedures on registration at military
installations of civilian protective orders applicable to
members of the Armed Forces assigned to such
installations and certain other individuals (sec. 550A)
The Senate bill contained a provision (sec. 556) that would
require the Secretary of Defense to establish policies and
procedures for the registration at military installations of
any civilian protective order issued against: (1) A member of
the Armed Forces assigned to the installation; (2) A civilian
employee employed at the installation; or (3) A spouse or
intimate partner of a member of the Armed Forces on Active
Duty assigned to the installation or of a civilian employee
employed at the installation.
The provision would specify that the policies and
procedures established by the Secretary must include a
requirement for notice between and among the commander,
installation military law enforcement elements, and military
criminal investigative elements, whenever such a civilian
protective order is registered. The provision would require
that a failure to register a civilian protective order may
not be offered as justification for a lack of enforcement of
the order by military law enforcement and other personnel who
have knowledge of it.
Further, the provision would require that, as soon as
practicable after establishing the requisite policies and
procedures, the Secretary of Defense submit to the Committees
on Armed Services of the Senate and the House of
Representatives a letter describing the policies and
procedures established and certifying that they have been
implemented on each military installation.
The House amendment contained an identical provision (sec.
544).
The conference agreement includes this provision.
Defense Advisory Committee for the Prevention of Sexual
Misconduct (sec. 550B)
The Senate bill contained a provision (sec. 534) that would
require the Secretary of Defense to establish and maintain
within the Department of Defense a Defense Advisory Committee
on the Prevention of Sexual Misconduct. The Advisory
Committee would be established not later than 180 days after
the enactment of this Act and would be comprised of not fewer
than 20 members, including persons with expertise in the
prevention of sexual assault and behaviors on the sexual
assault continuum of harm, the prevention of suicide, and the
change in culture of large organizations. The Advisory
Committee would coordinate with the Defense Advisory
Committee on Investigation, Prosecution, and Defense of
Sexual Assault in the Armed Forces on matters of joint
interest and, not later than March 30 of each year, would
submit an annual report on its activities to the Committees
on Armed Services of the Senate and the House of
Representatives.
The House amendment contained a similar provision (sec.
549).
The Senate recedes with an amendment to extend the period
for establishment of the Advisory Committee to one year after
the date of enactment of this Act, and to require that
the Committee include at least one member with expertise
in the prevention of adverse behaviors, including suicide
and substance abuse.
Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the military
installations to which assigned (sec. 550C)
The Senate bill contained a provision (sec. 544) that would
require that, on 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 will be
provided appropriate training on the law and policies
governing criminal justice matters in the State or States in
which the military installation is located. Such training
would include: (1) Victim rights; (2) Protective orders; (3)
Prosecution of criminal offenses; and (4) Sentencing for
conviction of a criminal offense.
The House amendment contained a similar provision (sec.
550C) that would clarify that 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
in which such offenses will be prosecuted. Further, the House
provision would not apply to a Special Victims' Counsel of
the Coast Guard.
The Senate recedes with an amendment that would add
``protective orders'' to the list of State criminal justice
matters about which a Special Victims' Counsel or Victim
Legal Counsel should be provided appropriate training.
Enhancing the capability of military criminal investigative
organizations to prevent and combat child sexual
exploitation (sec. 550D)
The House amendment contained a provision (sec. 550N) that
would require the Secretary of Defense to establish an
initiative, not later than 180 days from the date of
enactment of this Act, to improve the capacity of military
criminal investigative organizations to prevent child sexual
exploitation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to establish and execute an initiative
to enhance the capability of military criminal investigative
organizations to prevent and combat child sexual
exploitation. In the context of this initiative, the
Secretary of Defense may work with internal and external
functional experts to train military criminal investigative
agents on technologies, tools, and techniques--like digital
forensics--to enhance investigations of child sexual
exploitation, and on evidence-based forensic interviewing of
child victims. Further, to the extent authorized by law, the
Secretary may, as part of this initiative, collaborate with
Federal, State, local, and other civilian law enforcement
agencies on issues relating to child sexual exploitation;
assist in educating
[[Page H9762]]
the military community on the prevention and response to
child sexual exploitation; and carry out such other
activities as the Secretary deems relevant.
Feasibility study on establishment of database of military
protective orders (sec. 550E)
The House amendment contained a provision (sec. 550F) that
would amend section 101(b) of the National Instant Criminal
Background Check System Improvement Amendments Act of 2007
(34 U.S.C. 40911(b)) to require that not later than three
business days after the final disposition of a judicial
proceeding conducted within the Department of Defense, the
Secretary of Defense make available to the Attorney General
those records that 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 (the Gun Control Act of 1968, as amended, 18
U.S.C. 921-938), for use in background checks performed by
the National Instant Criminal Background Check System. The
provision would further require the Secretary of Defense to
conduct a study and submit a report 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 the
Uniform Code of Military Justice (Chapter 47 of Title 10,
U.S.C.), and 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. Such report must be submitted to the
congressional defense committees no later than 180 days after
the date of enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
that part of the provision that would amend the National
Instant Criminal Background Check System Improvement
Amendments Act of 2007. Further, the amendment would add to
the matters to be examined by the study and included in the
resultant report, a requirement to assess how any military
protective order database and process for the issuance of a
military protective order by a military judge deemed
feasible, would differ from analogous civilian databases and
processes, including with regard to due process and other
procedural protections.
The conferees direct the Department of Defense and its
components to take immediate and deliberate action to ensure
strict compliance with standards established in Department of
Defense Instruction 5501.11, Fingerprint Card and Final
Disposition Report Submission Requirements, last updated on
March 30, 2017, and other issuances and policy guidance
applicable to the Defense Department and the military
departments and services, for submission to the Federal
Bureau of Investigation of criminal history information,
fingerprints, case disposition information, and other data
pertaining to certain members of the Armed Forces.
GAO review of USERRA and SCRA (sec. 550F)
The House amendment contained a provision (sec. 545) that
would amend section 4303 of title 38, United States Code, to
render unenforceable any part of a contract or agreement that
would mandate the use of arbitration to resolve a claim under
the Uniformed Services Employment and Reemployment Rights Act
(USERRA), 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.
The House amendment also contained a provision (sec. 550H)
that would provide that any contract with a servicemember, or
a servicemember and the servicemember's spouse jointly, that
provides for the use of arbitration to resolve a controversy
under the contract and the Servicemembers Civil Relief Act
(50 U.S.C. App. 512) (SCRA), arbitration may be used only if
all parties to the matter consent after such controversy
arises.
The Senate bill contained no similar provisions.
The Senate recedes with an amendment that would require the
Comptroller General of the United States to conduct a review
and, not later than January 31, 2021, submit a report to the
Committees on Armed Services of the Senate and House of
Representatives regarding the effects of the common
commercial and governmental practices of including a
mandatory arbitration clause in employment and consumer
agreements, on the ability of servicemembers to assert claims
under USERRA and SCRA. The report will: (1) Identify each
process by which a servicemember may assert a claim under,
and secure redress for violations of USERRA and SCRA; (2)
Assess each process identified under prescribed criteria; (3)
Determine the extent to which each process identified
achieved a final disposition favorable to the servicemember;
(4) Assess general societal trends in the use of mandatory
arbitration clauses in employment and consumer agreements;
and (5) Assess the effects of mandatory arbitration clauses
in employment or consumer agreements on military readiness
and deployability, as well as on the willingness of employers
to employ, and consumer service businesses to provide
services to servicemembers and their families.
Subtitle F--Member Education
Authority for detail of certain enlisted members of the Armed
Forces as students at law schools (sec. 551)
The Senate bill contained a provision (sec. 567) that would
modify section 2004 of title 10, United States Code, to
permit the detail of certain enlisted members, in addition to
officers as authorized by current law, as students at law
schools for a period of training leading to a juris doctor
degree. The provision would limit the number of enlisted
persons and officers so detailed to 25 per year and would
retain the requirement for the competitive selection of
detailees. To qualify for such detail, an enlisted person
must: (1) Have served on Active Duty for not less than 4 and
nor more than 8 years; (2) Be in the pay grade E-5, E-6, or
E-7 as of the time law school training begins; (3) Meet all
requirements for acceptance of a commission as a commissioned
officer in the Armed Forces; (4) Agree to accept transfer to
be a judge advocate, upon completion of law school; and (5)
Agree to serve on Active Duty for a period of 2 years for
each year or partial year of legal training received.
The House amendment contained a similar provision (sec.
551).
The House recedes.
Inclusion of Coast Guard in Department of Defense STARBASE
Program (sec. 552)
The House amendment contained a provision (sec. 555) that
would amend section 2193b of title 10, United States Code, to
include the Coast Guard in the Department of Defense's
Starbase program.
The Senate bill contained no similar provision.
The Senate recedes.
Degree granting authority for United State Army Armament
Graduate School; limitation on establishment of certain
educational institutions (sec. 553)
The House amendment contained a provision (sec. 556) that
would amend chapter 751 of title 10, United States Code, to
authorize the United States Army Armament Graduate School to
confer appropriate degrees upon graduates who meet the degree
requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add a new
section to chapter 101 of title 10, United States Code,
requiring the Secretary of Defense to notify the
congressional defense committees at least one year before
establishing a new post-secondary educational institution.
Prohibition on off-duty employment for cadets and midshipmen
completing obligated service after graduation (sec. 554)
The House amendment contained a provision (sec. 560C) that
would amend section 7453, 8467, and 9453 of title 10, United
States Code, to require graduates of military service
academies to be appointed as a Regular second lieutenant or
ensign in the Navy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 7448, 8459, and 9448 of title 10, United States Code,
to prohibit service academy graduates from seeking or
accepting approval for off-duty employment as a professional
athlete before completing at least two consecutive years of
commissioned service.
Consideration of request for transfer of a cadet or
midshipman at a military service academy who is the
victim of a sexual assault or related offense (sec. 555)
The House amendment contained a provision (sec. 558) that
would amend sections 7461, 8480, and 9461 of title 10, United
States Code, and would direct the secretaries of the military
departments to establish regulations, based on guidelines
provided by the Secretary of Defense, for the timely
consideration of an application for transfer of a military
service academy cadet or midshipman who is the victim of an
alleged sexual assault or related offense, to another
military service academy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand the
options available to a military service academy cadet or
midshipman who is the victim an alleged sexual assault or
related offense, to include requesting transfer to enroll in
a Senior Reserve Officers' Training Corps program affiliated
with another institution of higher education.
Redesignation of the Commandant of the United States Air
Force Institute of Technology as the Director and
Chancellor of such Institute (sec. 556)
The House amendment contained a provision (sec. 559) that
would amend section 9414b of title 10, United States Code, to
redesignate the Commandant of the United States Air Force
Institute of Technology (AFIT) as the Director and Chancellor
of AFIT.
The Senate bill contained no similar provision.
The Senate recedes.
Eligibility of additional enlisted members for associate
degree programs of the Community College of the Air Force
(sec. 557)
The House amendment contained a provision (sec. 560) that
would amend section 9415 of title 10, United States Code, to
authorize the Community College of the Air Force (CCAF) to
award associate degrees to enlisted members of services other
than the Air Force who are participating in CCAF affiliated
joint service training and education courses.
The Senate bill contained no similar provision.
[[Page H9763]]
The Senate recedes.
Speech disorders of cadets and midshipmen (sec. 558)
The House amendment contained a provision (sec. 560H) that
would require a military academy superintendent to provide
testing for speech disorders to incoming cadets and
midshipmen under the jurisdiction of that superintendent.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
service secretaries to submit a joint report to the
Committees on Armed Services of the Senate and the House of
Representatives, within 180 days of the date of the enactment
of this Act, that provides: (1) The number of cadets and
midshipmen with an identified speech disorder at each
academy; (2) A list of health care and administrative
resources available to such cadets and midshipmen; and (3) A
list of the military positions and specialties pursued by
such cadets and midshipmen.
Requirement to continue provision of tuition assistance for
members of the Armed Forces (sec. 559)
The House amendment contained a provision (sec. 560E) that
would require service secretaries, in fiscal year 2020, to
spend on servicemember tuition assistance at least the amount
appropriated for tuition assistance in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Information on institutions of higher education participating
in the Department of Defense Tuition Assistance Program
(sec. 560)
The House amendment contained a provision (sec. 560F) that
would require the Secretary of Defense to make available, on
a publicly accessible Department of Defense website, a list
of higher education intuitions that receive funds under the
Department of Defense Tuition Assistance Program and the
amount of funds received by each institution. The provision
would also require the Secretary of Defense to perform audits
of certain higher education institutions that do not meet
certain standards under section 1099c of title 20, United
States Code.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to make public a list of higher
education institutions that receive Department of Defense
tuition assistance funding and the amount of funds received.
Inclusion of information on free credit monitoring in annual
financial literacy briefing (sec. 560A)
The House amendment contained a provision (sec. 560G) that
would require the Secretary of each military department to
ensure the annual financial literacy education briefing
provided to servicemembers includes information on the
availability of free credit monitoring services.
The Senate bill contained no similar provision.
The Senate recedes.
Programs to facilitate the award of private pilot's
certificates (sec. 560B)
The House amendment contained a provision (sec. 517) that
would authorize the Department of Defense to create a program
to award scholarships to qualified members of Junior Reserve
Officers' Training Corps units to pursue a private pilot's
certification.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Department of Defense to create a program to award
scholarships for the purpose of pursuing a private pilot's
certification.
Subtitle G--Member Training and Transition
Requirement to provide information regarding benefits claims
to members during TAP counseling (sec. 561)
The House amendment contained a provision (sec. 567) that
would amend section 1142(b) of title 10, United States Code,
to require that servicemembers receive information during
Transition Assistance Program counseling regarding how to
file claims for benefits under laws administered by the
Secretaries of Defense and Veterans Affairs.
The Senate bill contained no similar provision.
The Senate recedes.
Participation of other Federal agencies in the SkillBridge
apprenticeship and internship program for members of the
Armed Forces (sec. 562)
The Senate bill contained a provision (sec. 5505) that
would amend section 1143(e) of title 10, United States Code,
to authorize Federal agencies to participate in the
SkillBridge program.
The House amendment contained no similar provision.
The House recedes.
First modification of elements of report on the improved
Transition Assistance Program (sec. 563)
The House amendment contained a provision (sec. 570D) that
would amend section 552(b)(4) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to include an element on the effectiveness of the
Transition Assistance Program for female servicemembers in
the report required under such section.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Second modification of element of report on the improved
Transition Assistance Program (sec. 564)
The House amendment contained a provision (sec. 593) that
would amend section 552(b)(4) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to modify the elements of reports of the
Transition Assistance Program required under such section.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on gender-segregated training at Marine Corps
Recruit Depots (sec. 565)
The House amendment contained a provision (sec. 561) that
would prohibit the Commandant of the Marine Corps from
segregating training at the Marine Corps Recruit Depot,
Parris Island, South Carolina, not later than 5 years after
the date of the enactment of this Act and at Marine Corps
Recruit Depot, San Diego, California, not later than 8 years
after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes.
Assessment of deaths of recruits under the jurisdiction of
the Secretaries of the military departments (sec. 566)
The House amendment contained a provision (sec. 563) that
would require the Inspector General of the Department of
Defense to conduct an assessment of the deaths of recruits at
facilities under the jurisdiction of the Secretary of the
Navy and to assess the effectiveness of the current medical
protocols on training bases. The provision would require the
Inspector General to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
not later than September 30, 2020, containing the results of
the assessments.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Inspector General to conduct an assessment of the deaths of
recruits at facilities under the jurisdiction of the service
secretaries and to assess the effectiveness of the current
medical protocols on training bases.
Review of Department of Defense training programs regarding
disinformation campaigns (sec. 567)
The House amendment contained a provision (sec. 570) that
would require the Secretary of Defense to establish, not
later than September 30, 2020, a program for training members
of the Armed Forces and employees of the Department of
Defense regarding the threat of disinformation campaigns
specifically targeted at such individuals and the families of
such individuals.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct the
Secretary of Defense not later than 120 days after the date
of enactment of this Act to conduct a review of existing
programs, tools, and resources of the Department of Defense
for training members of the Armed Forces and employees of the
Department regarding the threat of disinformation campaigns
and to submit the finds of such review not later than 270
days after the enactment of this Act.
Command matters in connection with transition assistance
programs (sec. 568)
The House amendment contained a provision (sec. 595) that
would require each command climate assessment for the
commander of a military installation to include an assessment
of the extent the commander and other command personnel
encourage and support participation in transition assistance
programs of servicemembers. The provision would also require
an installation commander to undergo training on such
programs available to servicemembers.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
training provided to an installation commander, upon
assignment to the installation, to include a module on
covered transition assistance programs available for
servicemembers assigned to the installation.
Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty (DD
Form 214) (sec. 569)
The House amendment contained a provision (sec. 565) that
would require the Secretary of Defense to modify the DD Form
214 to make it machine readable and electronically
transferable.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense, in the course of modifying the DD Form
214 to make it machine readable, to also include a specific
block where a servicemember may provide one or more email
addresses.
Records of service for Reserves (sec. 570)
The House amendment contained a provision (sec. 566) that
would require the Secretary of Defense to establish and
implement a standard record of service for members of the
Reserve Component that summarizes the record of service of
the servicemember including dates of Active Duty service.
The Senate bill contained no similar provision.
[[Page H9764]]
The Senate recedes.
Limitations and requirements in connection with separations
for members of the Armed Forces who suffer from mental
health conditions in connection with a sex-related,
intimate partner violence-related, or spousal abuse
offense (sec. 570A)
The Senate bill contained a provision (sec. 552) that would
require that, before a member of the Armed Forces--who was
the victim of a sex-related, intimate partner violence-
related, or spousal abuse-related offense during the period
of the member's military service, and who has a mental health
condition not amounting to a disability--is separated,
discharged, or released from military service based on that
condition, the diagnosis of the condition must be both
corroborated by a competent mental health care professional
at or above the level of the healthcare professional
rendering the diagnosis and endorsed by the Surgeon General
of the military department concerned. This provision would
apply to all separations, discharges, and releases from the
Armed Forces that occur on or after the date that is 180 days
after the date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Prohibition on involuntary separation of certain members of
the Armed Forces; consideration of military service in
removal determinations (sec. 570B)
The House amendment contained a provision (sec. 530G) that
would provide that neither a member of the Armed Forces, nor
a former member who was discharged under honorable
conditions, who has received deferred action under the
Deferred Action for Childhood Arrivals program of the
Department of Homeland Security, or who has ``Temporary
Protected Status'' in accordance with section 244 of the
Immigration and Nationality Act, may be involuntarily
separated from the Armed Forces, placed into removal
proceedings, or removed from the United States, solely on the
basis of such status.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide
that no member of the Armed Forces who possesses a current,
valid Employment Authorization Document issued pursuant to
the June 15, 2012, U.S. Department of Homeland Security
Memorandum, ``Exercising Prosecutorial Discretion with
Respect to Individuals who Came to the United States as
Children'', or who is currently in a temporary protected
status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a) may be involuntarily separated from the
Armed Forces, solely on the basis of their deferred or
protected status.
The amendment would further provide that in evaluating
whether to issue a notice to appear in removal proceedings,
administrative order of removal, or reinstatement of a final
removal order, and in evaluating whether to execute a final
order of removal, evidence that an individual served as a
member of the Armed Forces and the characterizations
associated with of each period of the individual's service
shall be considered by the immigration officer.
Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form 2648) (sec.
570C)
The House amendment contained a provision (sec. 570G) that
would require the Secretary of Defense to modify the
preseparation counseling checklist for active component,
active Guard Reserve, active Reserve, full time support, and
Reserve program administrator servicemembers (DD Form 2648)
to include a specific block wherein a member of the Armed
Forces may indicate a desire to receive information regarding
that member's immigration status and expedited
naturalization.
The Senate bill contained no similar provision.
The Senate recedes.
Counseling for members of the Armed Forces who are not
citizens of the United States on naturalization in the
United States (sec. 570D)
The House amendment contained a provision (sec. 570H) that
would require the Secretary concerned to furnish counseling
with regard to how to apply for naturalization to a member of
the Armed Forces under the jurisdiction of that Secretary,
which member is not a citizen of the United States.
The Senate bill contained no similar provision.
The Senate recedes.
Pilot program on information sharing between Department of
Defense and designated relatives and friends of members
of the Armed Forces regarding the experiences and
challenges of military service (sec. 570E)
The Senate bill contained a provision (sec. 580) that would
require the Secretary of Defense, within 1 year of the date
of the enactment of this Act, to enter into an agreement with
the American Red Cross to conduct a pilot program to
encourage members of the Armed Forces to designate up to 10
persons to whom certain information regarding the military
service of each such member would be shared. The provision
would require the Secretary, within 2 years after the pilot
program begins, to administer a survey to persons who elected
to receive information under the program to receive feedback
on the quality of the information they received. Finally, the
provision would require the Secretary to submit a final
report on the pilot program to the congressional defense
committees within 3 years after the program begins.
The House amendment contained a similar provision (sec.
570C).
The House recedes.
Connections of members retiring or separating from the Armed
Forces with community-based organizations and related
entities (sec. 570F)
The Senate bill contained a provision (sec. 568) that would
require the Secretaries of Defense and Veterans Affairs to
enter jointly into a memorandum of understanding or other
agreements with State veterans agencies to transmit
information from Department of Defense form DD-2648 on
individuals undergoing retirement, discharge, or release from
the Armed Forces, if elected by such individuals, to provide
or connect veterans to benefits or services.
The House amendment contained no similar provision.
The House recedes.
Pilot program regarding online application for the Transition
Assistance Program (sec. 570G)
The House amendment contained a provision (sec. 570F) that
would authorize the Secretary of Defense, the Secretary of
Veterans Affairs, and the Secretary of Labor jointly to
conduct a pilot program, which would create a one-stop source
for online applications to assist servicemembers and veterans
participating in the Transition Assistance Program.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Subtitle H--Military Family Readiness and Dependents' Education
Authorizing members to take leave for a birth or adoption in
more than one increment (sec. 571)
The Senate bill contained a provision (sec. 516) that would
amend section 701 of title 10, United States Code, to remove
the requirement that military leave taken in connection with
the birth or adoption of a child be taken only in one
increment.
The House amendment contained a similar provision (sec.
571).
The House recedes with a clarifying amendment.
Deferred deployment for members who give birth (sec. 572)
The House amendment contained a provision (sec. 572) that
would amend section 701 of title 10, United States Code, to
standardize new mother deployment deferral policy across the
military services, to include the Coast Guard.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to deploy a servicemember who has
given birth within the previous 12 month if such deployment
is determined to be in the interest of national security.
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. 573)
The House amendment contained a provision (sec. 573) that
would amend section 1482(a)(8) of title 10, United States
Code, to authorize transportation of remains of a covered
decedent, and travel and transportation allowances for a
single escort to the place selected by the person designated
(designee) to direct disposition of the remains, or to a
national or other cemetery, which is selected by the
Secretary of the Military Department concerned. Additionally,
the provision would authorize the Secretary concerned to
transport the remains to no more than two places selected by
the designee. Finally, the provision would authorize the
Secretary concerned to provide delivery of remains by air, to
the maximum extent practicable, to an airport nearest to the
place selected by the designee.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Military funeral honors matters (sec. 574)
The Senate bill contained a provision (sec. 591) that would
amend section 1491(b) of title 10, United States Code, to
require the Secretaries of the military departments to
provide full military honors for the funeral of a veteran
who: (1) Is first interred or inurned in Arlington National
Cemetery after the date of the enactment of this Act; (2) Was
awarded the medal of honor or the prisoner-of-war medal; and
(3) Is not entitled to full military honors by the grade of
that veteran. Additionally, the provision would require each
commander of a relevant military installation to maintain and
carry out a plan for the provision, upon request, of full
military funeral honors at funerals for veterans for whom
funeral honors details are authorized under section 1491 of
title 10, United States Code. The provision would prescribe
elements of the required plans, including the provision of a
gun salute by either appropriate personnel of the
installation, reserve component members, or members of
veterans' organizations or other organizations referred to in
section 1491(b)(2) of such title.
The House amendment contained a provision (sec. 580E) that
would amend section
[[Page H9765]]
1491(b) of the same title to require the Secretaries of the
military departments to provide full military honors for the
funeral of a veteran under the same criteria as section 591
of the Senate bill.
The House recedes with technical amendments.
Improvement of occupational license portability for relocated
spouses of members of the uniformed services (sec. 575)
The Senate bill contained a provision (sec. 577) that would
amend section 1784 of title 10, United States Code, to
require the Secretary of Defense to enter into a cooperative
agreement with the Council of State Governments to assist
with the funding and development of interstate compacts on
licensed occupations.
The House amendment contained a similar provision (sec.
624) that would also guarantee residency for spouses of
servicemembers for the purposes of registering a business.
The Senate recedes with an amendment that would require the
Secretary of Defense to enter into a cooperative agreement
with the Council of State Governments to assist with the
funding and development of interstate compacts on licensed
occupations. The conferees note that the guarantee of
residency for spouses of servicemembers is included in
another provision in this Act.
Continued eligibility for education and training
opportunities for spouses of promoted members (sec. 576)
The House amendment contained a provision (sec. 623) that
would amend section 1784a(b) of title 10, United States Code,
to allow a military spouse eligible for a program under this
section to finish his or her course of education or training
for a degree, license, or credential, regardless of whether
the servicemember to whom the spouse is married is promoted
to a higher grade.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees encourage the Department of Defense to
improve the data collection for military spouse education and
employment programs, to establish a better understanding of
utilization and completion of the programs.
Modification to authority to reimburse for State licensure
and certification costs of a spouse of a servicemember
arising from relocation (sec. 577)
The Senate bill contained a provision (sec. 576) that would
amend section 476(p)(4) of title 37, United States Code, to
extend the authority for reimbursement of state licensure and
certification costs of military spouses arising from
relocation to another State to December 31, 2024.
The House amendment contained a provision (sec. 628) that
would amend section 476(p) of title 37, United States Code,
to authorize the Secretary concerned to reimburse a member of
the uniformed services for qualified relicensing costs of the
spouse of the member, not to exceed $1,000, until December
31, 2024. Additionally, the provision requires an analysis of
whether the maximum reimbursement amount is sufficient to
cover the average costs of relicensing.
The Senate recedes.
Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance Program (sec. 578)
The House amendment contained a provision (sec. 574) that
would amend section 3319 of title 38, United States Code, to
prevent the Secretary of Defense from imposing a limit on
transferability of Post-9/11 GI Bill benefits based on
maximum number of years of service.
The Senate bill contained no similar provision.
The Senate recedes. The conferees note the provision
authorizing some servicemembers to transfer their education
benefit was originally included as part of the Post-9/11
Veterans' Educational Assistance Act of 2008 (Public Law 110-
252) to serve as a retention incentive. Section 3319 of title
38, United States Code, is explicit in stating the purpose of
the transferability provision is to ``promote recruitment and
retention in the uniformed services.'' Therefore, the
conferees fully expect the Department of Defense to require
that any servicemember who requests, and is authorized, to
transfer their education benefits serve the mandated four
additional years as a member of the uniformed services. This
payback period should be applied in all cases, regardless of
when a servicemember actually elects to transfer their
benefits.
While this provision prohibits the Department of Defense
from imposing a general limit on transferability based on the
number of years served, the overall authority on whether to
grant an individual servicemember's request to transfer
benefits remains entirely at the service secretary's
discretion. The conferees encourage service secretaries to
develop policies that properly treat transferability as one
of many possible recruiting and retention tools to attract
and keep high-quality servicemembers.
Annual State report card (sec. 579)
The Senate bill contained a provision (sec. 5501) that
would amend section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965.
The House amendment contained an identical provision (sec.
576).
The conference agreement includes this provision.
Improvements to child care for members of the Armed Forces
(sec. 580)
The Senate bill contained a provision (sec. 579) that would
clarify section 559(e) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) by including
family childcare coordinator services and school age
childcare coordinator services in the direct hire authority.
The House amendment contained a provision (sec. 629) that
would: (1) Expand the authority to provide financial
assistance to civilian providers of child care services or
youth program services that provide services to survivors of
members of the Armed Forces who die in the line of duty; (2)
Expand the direct hire authority for childcare service
providers; (3) Require the Secretary of Defense to conduct an
assessment of financial assistance provided to civilian
childcare providers; (4) Require the Secretary of Defense to
conduct an assessment of childcare capacity on military
installations and require remedial action to alleviate the
waiting lists for childcare if necessary; (5) Require the
Secretary of Defense to conduct an assessment of the
accessibility of websites of the Department of Defense
related to childcare and spousal employment; and (6) Ensure
the portability of background investigations and training
certifications for childcare providers employed by the
Department of Defense when such providers are transferred to
another Department facility.
The Senate recedes with an amendment that would clarify the
direct hire authority for Department of Defense childcare
development centers to include family childcare coordinator
services and school age childcare coordinator services.
Additionally, the provision would require the Secretary of
Defense to take remedial action if necessary to reduce
waiting lists for childcare at military installations and to
provide a report to the Committees on Armed Services of the
Senate and the House of Representatives on any action taken
or any additional resources necessary to increase access to
childcare. The provision would also require a review of the
assessments conducted by the Secretary under this provision
by the Comptroller General of the United States.
Transportation of remains of casualties; travel expenses for
next of kin (sec. 580A)
The House amendment contained a provision (sec. 577) that
would amend section 562 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
to require the Secretary of Defense to extend travel
privileges via international travel authorization to family
members of servicemembers who die outside of the United
States and whose remains are returned to the mortuary
facility at Dover Air Force Base, Delaware.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Meetings of officials of the Department of Defense with
representative groups of survivors of deceased members of
the Armed Forces (sec. 580B)
The House amendment contained a provision (sec. 578) that
would require the Secretary of Defense to direct the service
chiefs and the Chief of the National Guard Bureau to meet
periodically with survivors of deceased members of the Armed
Forces to receive feedback regarding issues affecting
survivors.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to direct the service chiefs and the
Chief of the National Guard Bureau to meet periodically with
representative groups of survivors to receive feedback
regarding issues affecting survivors.
Information and opportunities for registration for voting and
absentee ballot requests for members of the Armed Forces
undergoing deployment overseas (sec. 580C)
The Senate bill contained a provision (sec. 5502) that
would require that not later than 45 days prior to a general
election for Federal office, a Voting Assistance Officer or
other person designated by the secretary of the military
department concerned, shall provide a member of the Armed
Forces with a Federal write-in absentee ballot and
instructions on the use of that ballot in the State in which
the member is registered to vote. The provision also would
require that in the case of a member intending to vote in a
State that does not accept the Federal write-in absentee
ballot as a simultaneous application and ballot for Federal
elections, the member would be provided a briefing on, and an
opportunity to fill out the official post-card form for
absentee voter registration application and absentee ballot
application prescribed in law. The provision concludes with a
Sense of Congress relating to the use of the Federal write-in
absentee ballot.
The House amendment contained a provision (sec. 575) that
would amend section 102(h) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302(h))to require a
chief State election official, in coordination with local
election jurisdictions, to establish and operate an absentee
ballot tracking program for absentee uniformed voters and
overseas citizen voters.
The House recedes with an amendment that would require a
Voting Assistance Officer or other person designated by the
secretary of the military department concerned, to provide a
Federal write-in ballot to a member of the Armed Forces, upon
the request of that member. Further, in the case of
[[Page H9766]]
a member intending to vote in a State that does not accept
the Federal write-in absentee ballot as a simultaneous
application and ballot, the member would be provided
instructions on, and an opportunity to fill out, the official
post-card form.
The conferees urge the Federal government and State
governments to remove all obstacles that would inhibit
deployed servicemembers from voting. Further, the conferees
strongly advocate that States that do not allow
servicemembers to use the Federal write-in absentee ballot as
a simultaneous application and acceptable ballot for Federal
elections modify their laws to permit such use.
Study on two-way military ballot barcode tracking (sec. 580D)
The Senate bill contained a provision (sec. 5503) that
would require the Director of the Federal Voting Assistance
Program of the Department of Defense to conduct a study on
the feasibility of a pilot program providing full ballot
tracking of overseas military absentee ballots through the
mail stream in a manner similar to the 2016 Military Ballot
Tracking Pilot Program. The provision would further require
the Director to submit a report to Congress, not later than 1
year after the date of the enactment of this Act, detailing
the results of the feasibility study, together with an
estimate of the costs of conducting a pilot, the
organizations that would support the pilot, and the timeline
for the phased implementation of the pilot program to all
military personnel serving overseas.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Director of the Federal Voting Assistance Program to include
in the feasibility study report, a method to determine under
the pilot program if a ballot was counted, and to provide
that information to the servicemember casting the vote, and a
description of the efforts being undertaken to ensure a
reliable and secure military ballot tracking system.
Assistance to schools with military dependent students (sec.
580E)
The Senate bill contained a provision (sec. 571) that would
authorize $40.0 million in Operation and Maintenance,
Defense-wide, for continuation of the Department of Defense
(DOD) assistance program to local educational agencies
impacted by enrollment of dependent children of military
members and DOD civilian employees.
The Senate bill contained another provision (sec. 572) that
would authorize $10.0 million in Operation and Maintenance,
Defense-wide, for impact aid payments for children with
severe disabilities (as enacted by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a) using the formula set forth
in section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398),
for continuation of DOD assistance to local educational
agencies that benefit eligible dependents with severe
disabilities. Subsection (b) of the provision would allow
the Secretary of Defense to use $5.0 million of the total
amount authorized for payments to local educational
agencies with higher concentrations of military children
with severe disabilities at the Secretary's discretion and
without regard to the formula set forth in section 363 of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398).
The House amendment contained a provision (sec. 580) that
would authorize $40.0 million for the purpose of providing
assistance to local educational agencies with military
dependent students and $10.0 million for local educational
agencies eligible to receive a payment for children with
severe disabilities.
The Senate recedes with an amendment that would allow the
Secretary of Defense to use $5.0 million of the total amount
authorized for payments to local educational agencies with
higher concentrations of military children with severe
disabilities at the Secretary's discretion.
First expansion of the My Career Advancement Account program
for military spouses (sec. 580F)
The House amendment contained a provision (Sec. 580B) that
would expand the My Career Advancement Account (MyCAA)
program to allow military spouses participating in the
program to receive financial assistance to pursue a license,
certification, or associate's degree in any career field or
occupation, including both portable and non-portable career
fields.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow
military spouses participating in the MyCAA program the
ability to receive financial assistance for the pursuit of a
license, certification, or associate's degree in any career
field or occupation.
Second expansion of the My Career Advancement Account program
for military spouses (sec. 580G)
The House amendment contained a provision (sec. 580C) that
would expand the Department of Defense My Career Advancement
Account program (MyCAA) to all spouses of enlisted members of
the U.S. Coast Guard.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
eligible spouses of members of the U.S. Coast Guard to
participate in the MyCAA program if the U.S. Coast Guard
reimburses the Department of Defense.
Report on training and support available to military spouses
(sec. 580H)
The House amendment contained a provision (Sec. 580D) that
would require a report from the Under Secretary of Defense
for Personnel and Readiness on training and support available
to military spouses.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Under Secretary of Defense for Personnel and Readiness to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the Department of
Defense's financial literacy programs designed for military
spouses and their efficacy.
Ri'katak Guest Student Program at United States Army
Garrison--Kwajelein Atoll (sec. 580I)
The Senate bill contained a provision (sec. 573) that would
authorize the Secretary of the Army to conduct an assistance
program to educate up to five local national students per
grade, per academic year, on a space-available basis at the
contractor-operated schools on United States Army Garrison-
Kwajalein Atoll. Under this provision, the Secretary would be
authorized to provide: (1) Classroom instruction; (2)
Extracurricular activities; (3) Student meals; and (4)
Transportation.
The House amendment contained no similar provision.
The House recedes.
Subtitle I--Decorations and Awards
Modification of authorities on eligibility for and
replacement of gold star lapel buttons (sec. 581)
The Senate bill contained a provision (sec. 632) that would
amend section 1126 of title 10, United States Code, to
authorize the Secretary of Defense to determine the eligible
recipients of the gold star lapel button. Additionally, the
provision would authorize the Secretary to replace a lapel
button upon application and without cost.
The House amendment contained a similar provision (sec.
581).
The House recedes.
Standardization of honorable service requirement for award of
military decorations (sec. 582)
The Senate bill contained a provision (sec. 586) that would
amend Chapter 57 of title 10, United States Code, to
standardize the requirement for honorable service for awards
of medals, crosses, bars, and associated emblems.
The House amendment contained no similar provision.
The House recedes.
Authorization for award of the Medal of Honor to John J.
Duffy for acts of valor in Vietnam (sec. 583)
The Senate bill contained a provision (sec. 585) that would
authorize the President, notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to awarding certain
medals to members of the Armed Forces, to award the Medal of
Honor under section 3741 of such title to John J. Duffy for
acts of valor during the Vietnam War.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Review of World War I Valor Medals (sec. 584)
The House amendment contained a provision (sec. 583) that
would require each Secretary concerned to review certain
service records of World War I veterans as recommended for
review by the Valor Medals Review Task Force or another
veterans service organization, to determine whether such
veteran should be awarded the Medal of Honor for valor in
World War I.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
each Secretary concerned to review certain service records of
World War I veterans to determine whether such veteran should
be awarded the Medal of Honor for valor in World War I. The
review will last no longer than 5 years.
The conferees note that the Valor Medals Review Task Force,
jointly established by the United States Foundation for the
Commemoration of the World Wars and the George S. Robb Centre
for the Study of the Great War, has identified World War I
veteran service records for potential review by the
Secretaries concerned. The conferees encourage the
Secretaries of the military departments to consult with the
Valor Medals Review Task Force to identify those service
records that warrant further review to determine whether such
veteran should be recommended for an upgrade to the Medal of
Honor for valor.
Subtitle J--Miscellaneous Reports and Other Matters
Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys (sec. 591)
The House amendment contained a provision (sec. 592) that
would amend section 481 of title 10, United States Code, to
update the Armed Forces Workplace and Gender Relations
surveys and the Department of Defense Civilian Employee
Workplace and Gender Relations Survey to require solicitation
of information about the types and frequency
[[Page H9767]]
of unwanted sexual contact that have occurred during the
preceding year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
sections 481 and 481a of title 10, United States Code, to
clarify that the term ``assault'', for purposes of questions
posed on Armed Forces Workplace and Gender Relations Surveys
and the Department of Defense Civilian Employee Workplace and
Gender Relations Survey, respectively, should be defined to
include ``unwanted sexual contact.''
Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in military adaptive
sports programs (sec. 592)
The Senate bill contained a provision (sec. 5601) that
would amend subsection (a)(1) of section 2564a of title 10,
United States Code, to authorize inclusion of servicemembers,
who are eligible to participate in military adaptive sports
programs, and certain veterans on temporary disability or
permanent disabled retirement lists in such programs.
The House amendment contained an identical provision (sec.
599B).
The conference agreement includes this provision.
Questions in surveys regarding extremist activity in the
workplace (sec. 593)
The House amendment contained a provision (sec. 594) that
would require the Secretary of Defense to include in the
workplace and equal opportunity, command climate, and
workplace and gender relations surveys whether respondents
had ever experienced supremacist activity, extremist
activity, or racism in the workplace.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to include in appropriate surveys
questions about whether a respondent had experienced or
witnessed extremist activity in the workplace, and whether
the respondent had reported such activity to appropriate
authorities.
Study on best practices for providing financial literacy
education for separating members of the Armed Forces
(sec. 594)
The House amendment contained a provision (sec. 598) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to conduct a study on the best practices to
provide financial literacy education for separating members
of the Armed Forces and veterans.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense and the Secretary of the Department in
which the Coast Guard is operating to conduct a study on the
best practices to provide financial literacy education for
separating members of the Armed Forces. The results of the
study shall be reported to the Committees on Armed Services
of the Senate and the House of Representatives.
Report on oversight of authorized strengths of certain grades
of commissioned regular and reserve officers of the Armed
Forces (sec. 595)
The Senate bill contained a provision (sec. 501) that would
amend section 523 of title 10, United States Code, to require
the Congress to authorize annually the number of officers
serving on Active Duty in the grades of major, lieutenant
colonel, and colonel in the Army, Air Force, and Marine Corps
or lieutenant commander, commander, and captain in the Navy.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
on alternative methods to improve the oversight of authorized
strengths of commissioned regular and reserve officers of the
Armed Forces.
The conferees note the officer strength table was included
as a fundamental feature of the Defense Officer Personnel
Management Act (DOPMA) (Public Law 96-513). The table was
designed to serve as an effective limitation on the number of
mid-grade officers within each service. The House report to
accompany the legislation (H. Rept. 96-1462) explained that
the table would be adjusted over time to align with emerging
officer manpower requirements. However, in practice, the
authorized strength table is rarely updated and it is no
longer linked to strategy or actual officer requirements.
Report on certain waivers (sec. 596)
The House amendment contained a provision (sec. 597) that
would require the Department of Defense to submit an initial
report (within 120 days of the enactment of this Act) and an
annual report for 2 years thereafter, to the Committees on
Armed Services of the Senate and the House of
Representatives, setting forth detailed information about the
number of transgender applicants and serving transgender
servicemembers who, in the prior calendar year, sought and
received a waiver or exception to current Defense Department
policy to permit their enlistment/accession or retention in
the military. The reporting would require the Department to
distinguish between waivers requested by ``exempt'' persons--
applicants or servicemembers ``grandfathered'' under the
policies for military service by transgender persons enacted
in June 2016, and ``non-exempt'' persons--who are subject to
the policy on transgender service that that took effect on
April 12, 2019.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
data elements required to be included in the report and would
clarify that any report submitted will not include Personally
Identifiable Information or Protected Health Information.
The conferees note that the new Department of Defense
policy with regard to military service by transgender persons
expressly asserts that ``[t]ransgender persons may seek
waivers or exceptions [to the standards established by DTM-
19-004], or any other standards, requirements, or policies,
on the same terms as any other person.'' As regards a
transgender person's request for a waiver or exception to
policy to permit that individual to serve in the military in
other than his or her biological sex, the Secretaries of the
Military Departments may delegate waiver authority no lower
than a Military Service Personnel Chief. The conferees note
that all other waiver authority vests in the regular Service-
designated waiver authority, affording transgender persons
consideration at the same level of decision-making as persons
who are not transgender.
In determining whether an applicant with a disqualifying
diagnosis of gender dysphoria or history of gender transition
treatment or surgery merits a waiver to permit his or her
service in the military, the conferees encourage Service--
designated waiver authorities to consider such a waiver under
the same circumstances as they would for an applicant who is
not transgender, but has been diagnosed with analogous
conditions or received analogous treatments, presuming the
individual meets all other standards for accession.
Notifications on manning of afloat naval forces (sec. 597)
The Senate bill contained a provision (sec. 518) that would
amend section 525 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
to make technical changes to congressional notifications
germane to the manning of afloat naval forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would sunset such
notifications in fiscal year 2025.
Report regarding use of aerial systems of the Department of
Defense to support agencies of States, Territories, and
the Federal Government (sec. 598)
The House amendment contained a provision (sec. 514) that
would direct the Secretary of Defense, within 90 days of
enactment, to 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct the
Secretary of Defense, not later than 180 days after enactment
of this Act, to provide a report on the requirements for, and
policies and procedures governing the use of Department of
Defense manned and unmanned aerial systems to support States,
territories, and other Federal agencies.
The conferees note that the Department of Defense provides
resources, including unmanned and manned aerial systems, at
the request of States, territories, and other Federal
agencies for emergency operations, search and rescue
operations, and Defense support to civil authorities.
However, the conferees note that there is a lack of
understanding on the policy, procedures, and overall
availability of these resources to provide such requested
support.
Information for members of the Armed Forces on availability
of services of the Department of Veterans Affairs
relating to sexual trauma (sec. 599)
The House amendment contained a provision (sec. 745) that
would require the Secretary of Defense to use available
mechanisms to inform members of the Armed Forces of their
eligibility for services provided by the Department of
Veterans Affairs. In particular, the Secretary would be
required to ensure that Sexual Assault Response Coordinators
and uniformed victim advocates of the Department of Defense
advise members of the Armed Forces experiencing psychological
trauma resulting from a physical assault of a sexual nature,
battery of a sexual nature, or sexual harassment that
occurred while serving on Active Duty, Active Duty for
training, or inactive duty training, regarding their
eligibility for Department of Veterans Affairs counseling,
care, and services.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Authority to issue an honorary promotion to Colonel Charles
E. McGee, United States Air Force (ret.), to the grade of
brigadier general (sec. 599A)
The House amendment contained a provision (sec. 599) that
would authorize the President 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.
[[Page H9768]]
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Authority to issue an honorary and posthumous promotion to
Lieutenant Colonel Richard Cole, United States Air Force
(ret.), to the grade of colonel (sec. 599B)
The House amendment contained a provision (sec. 599A) that
would authorize the honorary and posthumous promotion of
Lieutenant Colonel Richard E. Cole, United States Air Force
(retired), to the grade of colonel.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Sense of Congress on the honorable and distinguished service
of General Joseph F. Dunford, United States Marine Corps,
to the United States (sec. 599C)
The Senate bill contained a provision (sec. 5504) that
would express the sense of Congress as to the honorable and
distinguished career of service to the United States of
General Joseph F. Dunford, United States Marine Corps.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
The conferees find that: (1) General Joseph F. Dunford was
commissioned as a second lieutenant in the United States
Marine Corps in 1977; (2) Since 1977, General Dunford has
served as an infantry officer at all levels and has held
numerous leadership roles, including Commander of the 5th
Marine Regiment during Operation IRAQI FREEDOM, Commander of
the International Security Assistance Force and United States
Forces-Afghanistan, and Commander, Marine Forces United
States Central Command; (3) General Dunford served as the
32nd Assistant Commandant of the Marine Corps from October
23, 2010, to December 15, 2012; (4) General Dunford
subsequently served as the 36th Commandant of the Marine
Corps from October 17, 2014, to September 24, 2015; (5)
General Dunford became the highest-ranking military officer
in the United States when he was appointed as the 19th
Chairman of the Joint Chiefs of Staff on October 1, 2015; (6)
General Dunford is only the second United States Marine to
hold the position of Chairman of the Joint Chiefs of Staff;
(7) During his nearly 4 years as Chairman of the Joint Chiefs
of Staff, General Dunford effectively and honorably executed
the duties of the office to the highest levels of honor and
integrity; and (8) General Dunford has an extensive record of
impeccable service to the United States.
Legislative Provisions Not Adopted
Grade of Chief of Veterinary Corps of the Army
The House amendment contained a provision (sec. 502) that
would require that the grade of the Chief of the Veterinary
Corps of the Army be a brigadier general.
The Senate bill contained no similar provision.
The House recedes.
Report on rate of maternal mortality among members of the
Armed Forces
The House amendment contained a provision (sec. 505) that
would require the Secretary of Defense and the Secretary of
the Department in which the Coast Guard is operating, when
not operating under the Navy, to submit a report to Congress,
within 180 days of the date of the enactment of this Act, on
the rate of maternal mortality among members of the Armed
Forces and their dependents.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Senate Report accompanying S.
1790 (S. Rept. 116-48) of the National Defense Authorization
Act for Fiscal Year 2020 requires the Secretary of Defense to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives by February 1, 2020,
reporting the rate and incidence of pregnancy-associated
deaths, defined as the death of a woman while pregnant or
during the 1-year period following the date of the end of
pregnancy, and severe maternal morbidities, defined as
unintended outcomes of pregnancy, labor, or delivery that
result in significant short- or long-term consequences to a
woman's health.
JROTC Computer Science and Cybersecurity Program
The House amendment contained a provision (sec. 516) that
would direct the Secretary of Defense to carry out a program
to enhance the preparation of students in Junior Reserve
Officers' Training Corps for careers in computer science and
cybersecurity.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the United States in general, and
the military in particular, currently struggle to find and
produce sufficient numbers of Americans trained to succeed in
computer science and cybersecurity careers. The Junior
Reserve Officers' Training Corp, and programs like it, can
serve as catalysts to overcoming these systemic shortages by
providing an extra-curricular experience to young Americans
who demonstrate a penchant for computer science and related
subjects. The conferees encourage the Secretary of Defense to
partner with other Federal, State, and local organizations in
developing new programs to better prepare the nation's youth
for the workforce of the future.
Sense of Congress regarding the National Guard Youth
Challenge Program
The House amendment contained a provision (sec. 519) that
would express the sense of Congress that the National Guard
Youth Challenge Program provides a vital service to at-risk
youth and would encourage the Secretary of Defense to use the
authority provided in section 519 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) to use equipment and facilities of the
Department of Defense in this program.
The Senate bill contained no similar provision.
The House recedes.
The conferees reiterate the importance of the National
Guard Youth Challenge Program and good work the program
accomplishes. Additionally, the conferees continue to
encourage the Secretary of Defense to utilize authority
provided by the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 to use Department of Defense
equipment for the purpose of supporting the National Guard
Youth Challenge.
Report on expansion of the Close Airman Support team approach
of the Air Force to the other Armed Forces
The Senate bill contained a provision (sec. 519) that would
require a report on the expansion of the Close Airman Support
team approach of the Air Force to the other Armed Forces.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretaries of the military
departments to submit to the Committees on Armed Services of
the Senate and the House of Representatives a joint report on
the feasibility and advisability of expanding the Close
Airman Support team approach employed by the Air Force for
use by the other Military Services.
National guard support to major disasters
The House amendment contained a provision (sec. 520D) that
would amend section 502 of title 32, United States Code, to
authorize the Secretary concerned to order a member of the
National Guard to perform duties related to operations or
missions authorized by the President or the Secretary of
Defense to respond to large scale, complex, and catastrophic
disasters. The provision would also establish a permanent
authorization of appropriations for sums necessary to carry
out National Guard disaster response if a state of emergency
has been declared by the respective Governor and the
President of the United States.
The Senate bill contained no similar provision.
The House recedes.
Report regarding National Guard Youth Challenge Program
The House amendment contained a provision (sec. 520F) that
would require the Secretary of Defense to submit a report to
the congressional defense committees regarding the resources
and authorities the Secretary determines necessary to
identify the effects on graduates of the National Guard Youth
Challenge Program.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that section 509 of title 32, United
States Code, already requires the Secretary of Defense to
submit an annual report on the design, conduct, and
effectiveness of the National Guard Youth Challenge Program.
Temporary authority to use Air Force reserve component
personnel to provide training and instruction regarding
pilot training
The House amendment contained a provision (sec. 520H) that
would authorize the Secretary of the Air Force to utilize
certain reserve component full time support personnel to
provide pilot training to Active Duty servicemembers and
foreign military personnel who are in the United States.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that reserve component full time support
personnel are expressly provided by law to organize,
administer, recruit, instruct, or train reserve component
units and personnel. To provide an exception to this long-
standing requirement would be to undermine the necessary
distinction between the active and reserve components.
Enactment and expansion of policy on withholding of initial
disposition authority for certain offenses under the
Uniform Code of Military Justice
The Senate bill contained a provision (sec. 522) that would
vest only in a commissioned officer in a grade not below O-6,
who is authorized to convene special courts-martial, the
authority to determine the disposition of specified offenses
under the Uniform Code of Military Justice (Chapter 47 of
title 10, United States Code).
Generally, if such an officer's disposition determination
differs from the recommendation made by the officer's legal
advisor, the matter would be referred to a Special Victim
Prosecutor, Senior Trial Counsel, or Regional Trial Counsel
not in the chain of command of the officer making the initial
disposition determination for review and recommendation to a
staff judge advocate in
[[Page H9769]]
the chain of command. That staff judge advocate would advise
the next superior commander, who would decide whether to
endorse or supersede the initial disposition
determination.
The provision would require the training provided to
commissioned officers in the grades of O-6 and above on the
exercise of such disposition determination authority to
include specific training on sexual harassment, sexual
assault, and family abuse and domestic violence.
The House amendment contained no similar provision.
The Senate recedes.
Advisory Committee on record and service review boards
The House amendment contained a provision (sec. 523) that
would establish a Defense Advisory Committee on Record and
Upgrade Review Boards to advise the Secretary of Defense on
the best structure, practices, and procedures to ensure
consistency of the boards for 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.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on implementation of military service suitability
determinations for foreign nationals who are lawful
permanent residents
The House amendment contained a provision (sec. 525) that
would prohibit the Secretary of Defense from taking any
action to implement the memorandum entitled ``Military
Service Suitability Determinations for Foreign Nationals Who
Are Lawful Permanent Residents'' until the Secretary submits
a report on the justification for the policy changes made by
that memorandum.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing to the Committees on Armed Services of the Senate
and House of Representatives, not later than 180 days after
the enactment of this Act. The briefing shall include: (1)
The number of lawful permanent residents (LPRs) who apply for
military service; (2) The average length of the military
service suitability determination process for LPRs, as
detailed in the policy memorandum, measured in six month
increments since the policy memorandum was implemented; (3)
The number of LPRs who have not been deemed suitable for
enlistment or accession into the military based on a matter
identified during the process established by the memorandum;
(4) A summary of the most common reasons underlying past
determinations that an LPR is not suitable for military
service; and (5) The Department's plans to improve and
expedite the military service suitability determination
process as it relates to LPRs.
Independent Study on barriers to entry into the Armed Forces
for English learners
The House amendment contained a provision (sec. 527) that
would require the Secretary of Defense to seek to enter into
a contract with a federally funded research and development
center to study barriers to entry into the Armed Forces for
English learners.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Senate report 114-48 directs
the Secretary of Defense to review the effectiveness of
current enlistment testing practices in identifying high-
potential recruits for military service, specifically among
the non-native English speaking population of the United
States, in light of evolving standards and methods in
civilian education of measuring mental ability and academic
potential.
The conferees look forward to receiving the Department's
report on this topic.
Reenlistment waivers for persons separated from the Armed
Forces who commit one misdemeanor cannabis offense
The House amendment contained a provision (sec. 528) that
would require the Secretary of Defense to prescribe
regulations, within 90 days of the date of the enactment of
this Act, that would permit any Secretary of a military
department to grant a reenlistment waiver to an individual
previously separated from the Armed Forces who has admitted
to, or been convicted by a court of a single misdemeanor
violation of a Federal or State law relating to the use or
possession of cannabis, which violation occurred while that
individual was not on Active Duty in the Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
Recognition and honoring of service of individuals who served
in United States Cadet Nurse Corps during World War II
The House amendment contained a provision (sec. 530) that
would require the Secretary of Defense to determine 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.
The Senate bill contained no similar provision.
The House recedes.
Nondiscrimination with respect to service in the Armed Forces
The House amendment contained a provision (sec. 530B) that
would add section 651a to title 10, U.S. Code, to require the
Department of Defense to consider only the ability of an
individual to meet gender-neutral occupational standards for
military service generally and the military occupational
specialty concerned, in particular, in evaluating a candidate
for enlistment/accession. The provision would further require
that any personnel policy developed or implemented by the
Department 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). Finally, the provision
promulgates a definition of ``gender identity.''
The Senate bill contained no similar provision.
The House recedes.
Report on mechanisms to enhance the integration and
synchronization of activities of Special Victim
Investigation and Prosecution personnel with activities
of military criminal investigative organizations
The Senate bill contained a provision (sec. 536) that would
require the Secretary of Defense to submit a report on
mechanisms to enhance the integration and synchronization of
activities of Special Victim Investigation and Prosecution
personnel with activities of military criminal investigative
organizations.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to provide to
the Committees on Armed Services of the Senate and the House
of Representatives, within 180 days from the date of
enactment of this Act, a briefing setting forth proposals to
enhance the integration and synchronization of Special Victim
Investigation and Prosecution personnel with the activities
of military criminal investigative organizations in
investigations in which both may be involved, together with
any legislative and administrative actions required to
implement those proposals.
Pilot program on prosecution of special victim offenses
committed by attendees of military service academies
The House amendment contained a provision (sec. 538) that
would require the Secretary of Defense to create and carry
out a pilot program establishing an independent authority
outside of the chain of command to review certain special
victim offenses alleged to have been committed by military
service academy cadets and midshipmen to determine whether
such offenses should be referred to trial by a court-martial
convening authority. This provision would also require the
Secretary of Defense to establish an Office of the Chief
Prosecutor within the Office of the Secretary of Defense, as
part of the pilot program.
The Senate bill contained no similar provision.
The House recedes.
Standard of evidence applicable to investigations and reviews
related to protected communications of members of the
Armed Forces and prohibited retaliatory actions
The House amendment contained a provision (sec. 541) that
would amend section 1034 of title 10, United States Code, to
allow a finding or other determination made under subsections
(c), (d), (g), or (h), to be based on the standards of
evidence specified in section 1221(e) of title 5, United
States Code.
The Senate bill contained no similar provision.
The House recedes.
Repeal of 15-year statute of limitations on motions or
requests for review of discharge or dismissal from the
Armed Forces
The Senate bill contained a provision (sec. 546) that would
eliminate the 15-year statute of limitations on requests by
or on behalf of a former servicemember for review by a
discharge review board of the member's discharge or dismissal
from the Armed Forces.
The House amendment contained no similar provision.
The Senate recedes.
Consultation regarding victim's preference in prosecution
jurisdiction
The House amendment contained a provision (sec. 547) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, to
issue guidance to ensure that a sexual assault victim's
preference for prosecution jurisdiction is recorded.
The Senate bill contained no similar provision.
The House recedes.
Safe to Report policy applicable across the Armed Forces
The Senate bill contained a provision (sec. 527) that would
require the Secretary of Defense, in consultation with the
secretaries of the military departments and the Secretary of
Homeland Security, to prescribe a Safe to Report policy
applicable to all members of the Armed Forces, across both
active and reserve components, and to cadets and midshipmen
at the military service academies. A Safe to Report policy is
one in which a victim of sexual assault who may have
committed minor collateral misconduct at or about the time of
the assault, or whose minor collateral misconduct is
discovered only as the result of the investigation of the
sexual assault, may report the assault to authorities without
fear of discipline, except in
[[Page H9770]]
cases in which aggravating circumstances increase the gravity
of the minor collateral misconduct or its impact on military
good order and discipline.
The provision would define minor collateral misconduct as
including: (1) Improper use and possession of alcohol; (2)
Consensual intimate behavior, including adultery or
fraternization; (3) Presence in off-limits areas; and (4)
Other misconduct specified in the regulations promulgated.
The provision would further require that the regulations
promulgated by the Secretary specify the aggravating
circumstances that would increase the gravity of minor
collateral misconduct or its impact on good order and
discipline.
The House amendment contained a similar provision (sec.
550).
The Senate and House recede.
Preliminary inquiry on Arlington National Cemetery burial
The House amendment contained a provision (sec. 550E) that
would require the Department of the Army's General Counsel to
conduct a preliminary inquiry to investigate the burial of
Jack Edward Dunlap at Arlington National Cemetery due to
accusations that Mr. Dunlap supplied the Soviet Union with
intelligence during the Cold War.
The Senate bill contained no similar provision.
The House recedes.
The conferees encourage the Department of the Army to
consider this case and, if necessary, to take appropriate
action.
Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act
The House amendment contained a provision (sec. 550I) that
would amend section 107(a) of the Servicemembers Civil Relief
Act (Public Law 109-189) to restrict the ability of a
servicemember or other covered individual to voluntarily
waive their rights and protections provided by the
Servicemembers Civil Relief Act.
The Senate contained no similar provision.
The House recedes.
Effective date of rule regarding payday lending protections
The House amendment contained a provision (sec. 550K) that
would require section 1041.4 through 1041.6, 1041.10, and
1041.12(b)(1) through (3) of the final rule published on
November 17, 2017 by the Bureau of Consumer Financial
Protection related to Mandatory Underwriting Provisions to go
into effect on August 19, 2019, with regards to
servicemembers, veterans, and surviving spouses.
The Senate bill contained no similar provision.
The House recedes.
Strengthening civilian and military partnerships to respond
to domestic and sexual violence
The House amendment contained a provision (sec. 550L) that
would require the Comptroller General of the United States to
submit to Congress a report on partnerships between military
installations and civilian domestic and sexual violence
response organizations.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that page 126 of the House Report 116-
120, accompanying H.R. 2500, National Defense Authorization
Act for Fiscal Year 2020, directs the Comptroller General of
the United States to assess and report on the military
services' domestic violence prevention and response programs.
The conferees request that the Comptroller General expand
this assessment to include a review of partnerships between
military installations and civilian domestic and sexual
violence response organizations, the scope of services and
support provided via such partnerships, and their role in a
coordinated community response to domestic and sexual
violence in military families.
Education of Members of the Armed Forces on Career Readiness
and Professional Development
The House amendment contained a provision (sec. 552) that
would require the Secretary of Defense to carry out a program
to provide education on career readiness and professional
development to members of the Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the military already provides
numerous opportunities for servicemembers to receive
information on career readiness and professional development.
The Department of Defense should continue to ensure that all
servicemembers are provided opportunities to translate their
military experience into civilian education and
certifications wherever possible.
Defense Language Institute Foreign Language Center
The House amendment contained a provision (sec. 553) that
would amend section 2168 of title 10, United States Code, to
permit the Defense Language Institute to confer Bachelor
degrees, in addition to Associate degrees, to graduates that
meet the appropriate requirements for that degree.
The Senate bill contained no similar provision.
The House recedes.
Liberal consideration of evidence in certain claims by boards
for the correction of military records and discharge
review boards
The Senate bill contained a provision (sec. 553) that would
require military department boards for the correction of
military records and discharge review boards to review all
claims relating to a claimant's discharge or dismissal, or
the characterization of that discharge or dismissal, with
liberal consideration of all evidence and information
presented by or on behalf of the former servicemember.
The House amendment contained no similar provision.
The Senate recedes.
The conferees encourage the military department boards for
the correction of military or naval records to apply their
powers of equity broadly to redress injustices in the
military records of a servicemember or former member, and in
appropriate cases--as authorized by law or established in
board precedent--to accord liberal consideration to the
evidence and information presented by or on behalf of the
member or former member. In the view of the conferees, such
liberal consideration is particularly warranted in cases in
which official military records pertinent to the member's
application for relief have been destroyed or are otherwise
unavailable, through no fault of the member.
Expansion of Department of Defense STARBASE Program
The House amendment contained a provision (sec. 554) that
would amend section 2193b of title 10, United States Code, to
expand the Starbase program by including art and design as
technical fields for education of elementary and secondary
children under the program.
The Senate bill contained no similar provision.
The House recedes.
Congressional nominations for Senior Reserve Officers'
Training Corps scholarships
The House amendment contained a provision (sec. 557) that
would allow the Secretary of the Army to consider any
candidate nominated but not selected for appointment to the
United States Military Academy by Members of Congress or
officials from U.S. Territories to be considered for
appointment as a Senior Reserve Officers' Training Corps
cadet under section 2107 of title 10, United States Code.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Services already have the
authority to ensure qualified military service academy
applicants who do not receive an offer of admission are able
to receive a scholarship through the Reserve Officers'
Training Corps (ROTC). The Secretaries of the military
departments are encouraged to develop creative policies to
ensure that those young Americans who have demonstrated their
propensity to serve in the military by applying to a service
academy are able to qualify for and access ROTC scholarships.
Survey of members of the Armed Forces on their experiences
with military investigations and military justice
The Senate bill contained a provision (sec. 558) that would
require the Secretary of Defense to conduct a
periodic survey--at least once every 4 years but not more
frequently than once every 2 years--to be known as the
Military Investigation and Justice Experience Survey, on
the experience of members of the Armed Forces with
military investigations and military justice. Those
surveyed would include members of the Armed Forces who are
victims of an alleged sex-related offense and who made an
unrestricted report of that offense. Participants would be
surveyed on their experience with a Special Victims'
Counsel/Victims' Legal Counsel and, if charges in the
victim's case were referred to court-martial, with the
prosecutor and the court-martial in general.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department already has
implemented a Military Investigation and Justice Experience
Survey, and encourage the Department to continue to enhance
this survey; to monitor trends revealed by survey responses
and data over time; as appropriate, to take action to improve
military investigations, the Special Victims' Counsel/
Victims' Legal Counsel programs, and prosecution processes to
address matters raised by survey responses and data; and to
include information and insights derived from the survey,
when salient, in future briefings and reports to the
Congress.
Safe-to-Report policy applicable to military service
academies
The House amendment contained a provision (sec. 560A) that
would require the Secretary of Defense to publish regulations
for the implementation of a Safe-to-Report policy, which
would allow the victims of an alleged sexual assault at the
United States Military Academy, United States Naval Academy,
United States Air Force Academy, and the United States Coast
Guard Academy, who may have committed minor collateral
misconduct, an opportunity to report an occurrence of sexual
assault without fear of discipline for that misconduct.
The Senate bill contained no similar provision.
The House recedes.
Recoupment of funds from cadets and midshipmen separated for
criminal misconduct
The House amendment contained a provision (sec. 560B) that
would direct the secretary of each military department to
prescribe regulations to require the Superintendent of a
military service academy to
[[Page H9771]]
recoup the costs of advanced education received by a cadet or
midshipman who is separated from the Academy for reasons of
criminal misconduct, at any time prior to graduation.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that in accordance with section 2005 of
title 10, United States Code, and section 303a(e) of title 37
of the Code, the secretaries of the military departments
already are vested with authority to recoup the costs of
advanced education at a military service academy from a cadet
who is separated from the academy prior to graduation. As
appropriate, the conferees encourage the secretaries of the
military departments to require cadets and midshipmen
separated from a military service academy for criminal
misconduct to repay the costs of their advanced education,
even if the cadet or midshipman is separated prior to having
completed 2 years of schooling.
Support of military service academy foundations
The House amendment contained a provision (sec. 560D) that
would amend chapter 155 of title 10, United States Code, to
authorize service secretaries to provide support to certain
non-profit fundraising foundations that operate exclusively
to support military service academies.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the primary funding source for
military service academies remains appropriated Federal
dollars. Each academy currently receives significant
additional support from several dedicated non-profit
organizations. While academy superintendents may be formally
prohibited from engaging in fundraising on behalf of these
private organizations, that restriction helps to maintain a
healthy separation between the federally funded military
institution and private organizations that are not subject to
Federal oversight. The conferees are encouraged that the
current arrangement between the academies and their non-
profit fundraising foundations has resulted recently in each
academy opening new, privately funded, facilities for cadet
and midshipmen athletics, character development, and cyber
education.
Medical personnel at Marine Corps recruit depots
The House amendment contained a provision (sec. 562) that
would require the Secretary of the Navy, in coordination with
the Navy Medical Department, to assign medical personnel to
the Marine Recruit Training Regiment at each Marine Corps
Recruit Depot.
The Senate bill contained no similar provision.
The House recedes.
Inclusion of Specific Email Address Block on Certificate of
Release or Discharge from Active Duty (DD Form 214)
The House amendment contained a provision (sec. 564) that
would modify the certificate of release or discharge from
Active Duty (DD Form 214) by adding an email address block.
The Senate bill contained no similar provision.
The House recedes.
Consecutive service of service obligation in connection with
payment of tuition for off-duty training or education for
commissioned officers of the Armed Forces with any other
service obligations
The Senate bill contained a provision (sec. 566) that would
amend section 2007 of title 10, United States Code, to
require that an Active-Duty service obligation incurred by an
officer for the acceptance of tuition assistance for off-duty
training or education be served sequentially with any other
service obligation already incurred by the officer.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that section 2007 of title 10, United
States Code, requires officers who accept tuition assistance
to remain on Active Duty for a period of at least two years
after the completion of the education for which tuition
assistance was used. In fiscal year 2018, the Department of
Defense provided tuition assistance to approximately 15,000
Active Duty commissioned officers at a cost of almost $31
million. According to the Government Accountability Office,
around 10 percent of Army and Navy officers who last used
tuition in 2017 are now separated from the military. The
median number of years served after these officer's last use
of tuition assistance was 1.6 years for Army officers and
only 1.2 years for Navy officers. These statistics suggest
that tuition assistance may not be serving one of its
intended purposes, which is to provide a valuable benefit in
exchange for continued military service.
Therefore, the conferees direct the Secretary of Defense in
consultation with the secretaries of the military departments
to conduct an analysis of the officer voluntary tuition
assistance program. The analysis should include: (1) An
evaluation of whether the tuition assistance program is
serving as a retention tool; (2) A discussion of the merits
of lengthening or requiring active duty service obligations
incurred as a result of accepting tuition assistance be
served consecutively with other service commitments; and (3)
An assessment of whether those officers who receive a fully
funded bachelor's degree through their commissioning source
should be eligible to receive voluntary tuition assistance
funding prior to the completion of their initial Active Duty
service obligation.
The results of this analysis shall be submitted to the
Committees on Armed Services of the Senate and House of
Representatives by April 1, 2020.
Expansion and renaming of the Troops-to-Teachers Program
The House amendment contained a provision (sec. 568) that
would amend section 1154 of title 10, United States Code, to
expand and rename the Troops-to-Teachers Program.
The Senate bill contained no similar provision.
The House recedes.
Transition outreach pilot program
The House amendment contained a provision (sec. 569) that
would require the Secretary of Defense, in coordination with
the Secretaries of Veterans Affairs, Labor, Education, and
Homeland Security, and the Administrator of the Small
Business Administration, to establish a pilot program through
the Transition to Veterans Program office, within 90 days of
the date of the enactment of this Act, to foster contact
between veterans and the Department of Defense. The pilot
program would terminate by September 30, 2020, and the
Secretary would then submit a report to Congress regarding
such program within 90 days of the termination of the
program.
The Senate bill contained no similar provision.
The House recedes.
Assessment and study of Transition Assistance Program
The House amendment contained a provision (sec. 570A) that
would require the Secretary of Veterans Affairs to enter into
an agreement with an appropriate entity with experience in
adult education to conduct a 1-year independent assessment of
the Transition Assistance Program (TAP). Additionally, the
provision would require the Secretary, in consultation with
the Secretaries of Defense and Labor and the Administrator of
the Small Business Administration, to conduct a 5-year
longitudinal study regarding TAP on three separate cohorts of
discharged servicemembers.
The Senate bill contained no similar provision.
The House recedes.
Information regarding county veterans service officers
The House amendment contained a provision (sec. 570B) that
would require the Secretary of Defense to ensure that a
separating or retiring member of the Armed Forces may elect
to have Department of Defense form DD-214 sent to the
appropriate county veterans service officer based on the
mailing address provided by the member. The provision would
require the Secretaries of Defense and Veterans Affairs to
maintain a database of all county veterans services officers.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that section 570F of this bill would
require the Secretaries of Defense and Veterans Affairs to
enter jointly into a memorandum of understanding or other
agreements with State veterans agencies to transmit
information from Department of Defense form DD-2648 on
individuals undergoing retirement, discharge, or release from
the Armed Forces, if elected by such individuals, to provide
or connect veterans to benefits or services.
Notice to separating servicemembers of rights under the
Servicemembers Civil Relief Act
The House amendment contained a provision (sec. 570E) that
would amend section 105 of the Servicemembers Civil Relief
Act (Public Law 109-189) to require service secretaries to
provide notice to individuals who are no longer eligible for
protections provided by the Servicemembers Civil Relief Act
not sooner than 150 days and not later than 180 days after
the date of termination of a period of military service of
that individual.
The Senate bill contained no similar provision.
The House recedes.
The conferees encourage the Department of Defense to ensure
that those servicemembers leaving the military are provided
notice of lost benefits and protections under the
Servicemembers Civil Relief Act.
Modification of responsibility of the Office of Special Needs
for individualized service plans for members of military
families with special needs
The Senate bill contained a provision (sec. 578) that would
amend subparagraph (F) of section 1781(c)(d)(4) of title 10,
United States Code, to require the Department of Defense
(DOD) to develop an individualized service plan for military
family members with special needs when requested in
connection to the completion of a family needs assessment.
The House amendment contained no similar provision.
The Senate recedes.
The conferees remain concerned that military family members
with special needs are not receiving individualized services
plans when necessary or requested, and direct the Secretary
of Defense to brief the Committees on Armed Services of the
Senate and House of Representatives no later than March 1,
2020, on the implementation of the Family Needs Assessment
and any other reviews involving individualized service plans,
to include: (1) Data on the utilization of the Family Needs
Assessment; (2) How the Department is ensuring military
families are aware
[[Page H9772]]
of the services and programs available to them as the Office
of Special Needs updates policies and implements the Family
Needs Assessment; and (3) How the Department intends to
ensure individualized services plans are being completed and
followed correctly.
Direct employment pilot program for members of the National
Guard and Reserve, veterans, their spouses and
dependents, and members of gold star families
The House amendment contained a provision (sec. 579) that
would enable the Secretary of Defense to create a pilot
program that would allow States to establish or expand job
placement programs, and related employment services, for
unemployed guardsmen, reservists, military spouses, and
veterans.
The Senate bill contained no similar provision.
The House recedes.
Pilot program to fund non-profit organizations that support
military families
The House amendment contained a provision (sec. 580A) that
would require the Secretary of Defense to establish a pilot
program to provide grants to eligible nonprofit organizations
that support military families.
The Senate bill contained no similar provision.
The House recedes.
Increase in assistance to certain local educational agencies
The House amendment contained a provision (sec. 580F) that
would authorize an additional appropriation of $10.0 million
for support to local educational activities that serve
military communities and families. The additional funding
would be offset by a reduction in funding of $10.0 million
for Navy shipbuilding and conversion.
The Senate bill contained no similar provision.
The House recedes.
Assistance for deployment-related support of members of the
Armed Forces undergoing deployment and their families
beyond the Yellow Ribbon Reintegration Program
The House amendment contained a provision (Sec. 580G) that
would require the Secretary of Defense to provide funds to
states, territories, and government entities to carry out
programs that provide deployment information to
servicemembers and their families throughout the deployment
cycle.
The Senate bill contained no similar provision.
The House recedes.
Briefing on use of Family Advocacy Programs to address
domestic violence
The Senate bill contained a provision (sec. 581) that would
require a briefing on the use of Family Advocacy Programs to
address domestic violence.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to provide
the Committees on Armed Services of the Senate and the House
of Representatives with a briefing on the various ways in
which the Family Advocacy Programs of the military
departments could be used and enhanced to end domestic
violence among members of the Armed Forces, and to support
survivors of such violence and their dependents. The briefing
should be provided not later than 180 days after the date of
enactment of this Act.
Establishment of the Atomic Veterans Service Medal
The House amendment contained a provision (sec. 582) that
would authorize the creation of the Atomic Veterans Service
Medal, to be awarded to radiation-exposed veterans.
The Senate bill contained no similar provision.
The House recedes.
Authorization for award of the Medal of Honor to Alwyn Cashe
for acts of valor during Operation Iraqi Freedom
The House amendment contained a provision (sec. 584) that
would waive the time limitations specified in section 7271 of
title 10, United States Code, to authorize the President to
award the Medal of Honor to Alwyn C. Cashe for the acts of
valor during Operation Iraqi Freedom.
The Senate bill contained no similar provision.
The House recedes.
Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal
The House amendment contained a provision (sec. 585) that
would authorize the Secretary of the military department
concerned to award the Vietnam Service Medal to a veteran who
participated in Operation End Sweep, upon the application of
that individual.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the outstanding service of veterans
who participated in Operation End Sweep, from February 6,
1973, to July 18, 1973, undertaking the harrowing work of
clearing sea mines laid in Vietnamese waters. The conferees
value the meritorious performance of Operation End Sweep
veterans following the cessation of military combat
operations in Vietnam.
Authority to award or present a decoration not previously
recommended in a timely fashion following a review
requested by Congress
The Senate bill contained a provision (sec. 587) that would
amend section 1130 of title 10, United States Code,
authorizing the Secretary of Defense to present an award or
decoration following the favorable review of a proposal upon
request of a Member of Congress.
The House amendment contained no similar provision.
The Senate recedes.
The Senate bill contained an additional provision (sec.
5587) that would amend section 587 such that section 587
would have no force or effect.
The House amendment contained no similar provision.
The Senate recedes.
Authority to make posthumous and honorary promotions and
appointments following a review requested by Congress
The Senate bill contained a provision (sec. 588) that would
amend section 1563 of title 10, United States Code, to
authorize the Secretary of Defense to prescribe regulations
to make a posthumous or honorary promotion following the
submission to the requesting Member of Congress and to the
Committees on Armed Services of the Senate and the House of
Representatives of a determination as to the merits of
approving the posthumous or honorary promotion or
appointment. The promotion or appointment would not affect
retired pay or other benefits based upon the individual's
military service.
The House amendment contained no similar provision.
The Senate recedes.
Repeal of quarterly report on end strengths
The House amendment contained a provision (sec. 591) that
would repeal paragraph (3) of section 115(e) of title 10,
United States Code, to remove the requirement for the
Secretary of Defense to notify the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives whenever the Secretary
establishes an end-of-quarter strength level pursuant to
section 115(e)(2)(A) or modifies a strength level pursuant to
section 115(e)(2)(B).
The Senate bill contained no similar provision.
The House recedes.
Expressing support for the designation of a ``Gold Star
Families Remembrance Day''
The House amendment contained a provision (sec. 596) that
would express the sense of Congress to support the
designation of a ``Gold Star Families Remembrance Day.''
The Senate bill contained no similar provision.
The House recedes.
The conferees support the designation of a ``Gold Star
Families Remembrance Day'' to honor and recognize the
sacrifices made by the families of servicemembers who gave
their lives to defend freedom, and encourage the observation
of ``Gold Star Families Remembrance Day'' by performing acts
of service and good will in each community and by 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.
Sense of Congress regarding the High-Altitude Army National
Guard Aviation Training Site
The House amendment contained a provision (sec. 599C) that
would express the sense of Congress that military aviation
training in Colorado is critical to the national security of
the United States and the readiness of the Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees express their strong support for military
aviation training in Colorado and, in particular, the High-
Altitude Army National Guard Aviation Training Site (HAATS).
The conferees further note that HAATS is the only Department
of Defense school where rotary-wing aviators in the Armed
Forces, and the militaries of foreign allies, learn how to
safely fly rotary-wing aircraft in mountainous, high-altitude
environments.
Title VI--Compensation and Other Personnel Benefits
Subtitle A--Pay and Allowances
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. 601)
The House amendment contained a provision (sec. 601) that
would amend section 372 of title 37, United States Code, to
authorize, in the case of a member under the jurisdiction of
a Secretary of a military department, the continuation of
special pays until the date on which the member is determined
fit for duty.
The Senate bill contained no similar provision.
The Senate recedes.
Continued entitlements while a member of the Armed Forces
participates in a career intermission program (sec. 602)
The House amendment contained a provision (sec. 610) that
would amend section 710(h) of title 10, United States Code,
to authorize servicemembers participating in a career
intermission program to be eligible for death benefits while
part of the program.
The Senate bill contained no similar provision.
The Senate recedes.
Exemption from repayment of voluntary separation pay (sec.
603)
The House amendment contained a provision (sec. 610B) that
would amend section
[[Page H9773]]
1175a of title 10, United States Code, to exempt
servicemembers who are involuntarily recalled to active duty
or full-time National Guard duty and who also incur a total
service-connected disability from the requirement to repay
voluntary separation pay.
The Senate bill contained no similar provision.
The Senate recedes.
Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service (sec.
604)
The House amendment contained a provision (sec. 627) that
would amend section 12731(f)(2)(B)(i) of title 10, United
States Code, to authorize retirement credit for a
servicemember who as a member of the Ready Reserve serves on
Active Duty or performs Active service under section 12304(b)
of title 10, United States Code. The eligibility age will be
reduced below 60 years of age by 3 months for each aggregate
of 90 days on which such person serves on such Active Duty or
performs such Active service in any fiscal year after January
28, 2008, or in any two consecutive fiscal years after
September 30, 2014.
The Senate bill contained no similar provision.
The Senate recedes.
Temporary adjustment of rates of basic allowance for housing
following determination that local civilian housing costs
significantly differ from such rates (sec. 605)
The House amendment contained a provision (sec. 603) that
would amend section 403(b) of title 37, United States Code,
to authorize the Secretary of Defense to prescribe a
temporary adjustment of the basic allowance for housing rates
for a housing area where the actual costs of adequate housing
differ from the calculated rates of housing for that area as
determined by the Secretary.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to prescribe a temporary upward or
downward adjustment to Basic Allowance for Housing (BAH) if
the Secretary concerned determines that the actual cost of
civilian housing differs from current BAH rates by more than
20 percent.
Reinvestment of travel refunds by the Department of Defense
(sec. 606)
The Senate bill contained a provision (sec. 622) that would
provide the Secretary of Defense with the authority to
receive and effectively reinvest miscellaneous receipts
obtained through a travel rebate or refund program, a
repayment of inaccurate charges, or a collection of an unused
travel segment.
The House amendment contained no similar provision.
The House recedes.
Addition of partial dislocation allowance to allowable travel
and transportation expenses for servicemembers (sec. 607)
The House amendment contained a provision (sec. 606) that
would amend sections 452 and 477 of title 37, United States
Code, to allow servicemembers to receive a partial
dislocation allowance if they are ordered to vacate
dormitories.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 477 of title 37, United States Code, to authorize
Partial Dislocation Allowance to servicemembers ordered to
vacate housing provided by the United States. The amendment
would also amend section 452 of title 37, United States Code,
to authorize a Partial Dislocation Allowance to be paid to
servicemembers ordered to vacate housing provided by the
United States after January 1st, 2022.
Reductions on account of earnings from work performed while
entitled to an annuity supplement (sec. 608)
The House amendment contained a provision (sec. 633) that
would amend section 8421a of title 5, United States Code, to
authorize supervisors of air traffic control instructors who
are collecting a Federal retirement annuity to be exempt from
reductions to their annuity supplement if re-employed under a
contract with the Federal Aviation Administration.
The Senate bill contained no similar provision.
The Senate recedes.
Increase in basic pay (sec. 609)
The House amendment contained a provision (sec. 606) that
would authorize a 3.1 percent increase in basic pay rates for
members of the uniformed services.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Bonuses and Special Incentive Pays
One-year extension of certain expiring bonus and special pay
authorities (sec. 611)
The Senate bill contained a provision (sec. 611) that would
extend, through December 31, 2020, various expiring bonus and
special pay authorities for military personnel. The provision
would extend special pay and bonus authority for reserve
personnel, military healthcare professionals, and nuclear
officers and consolidated pay authorities for officer and
enlisted personnel. The provision would also extend the
authority to provide temporary increases in the rate of Basic
Allowance for Housing in certain circumstances.
The House amendment contained an identical provision (sec.
611).
The conference agreement includes this provision.
Subtitle C--Family and Survivor Benefits
Expansion of eligibility for exceptional transitional
compensation for dependents to dependents of current
members (sec. 621)
The Senate bill contained a provision (sec. 601) that would
amend section 1059(m) of title 10, United States Code, to
authorize the Secretaries of the military departments to
provide transitional compensation, in exceptional
circumstances, to certain dependents before an eligible
servicemember is discharged from Active Duty.
The House amendment contained an identical provision (sec.
621).
The conference agreement includes this provision.
Phase-out of reduction of Survivor Benefit Plan survivor
annuities by amount of dependency and indemnity
compensation (sec. 622)
The House amendment contained a provision (sec. 630A) that
would amend subchapter II of chapter 73 of title 10, United
States Code, to repeal the requirement that Survivor Benefit
Plan payments be offset by any payments received through
dependency and indemnity compensation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a 3
year phase out of the requirement that Survivor Benefit Plan
payments be offset by any payments received through
dependency and indemnity compensation.
Death gratuity for ROTC graduates (sec. 623)
The House amendment contained a provision (sec. 622) that
would amend section 1475 of title 10, United States Code, to
authorize a death gratuity to the family of a graduate of the
Reserve Officers' Training Corps who dies before receiving a
first duty assignment.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
graduate of Reserve Officers' Training Corps to also receive
a commission before being eligible for a death gratuity.
Expansion of authority to provide financial assistance to
civilian providers of child care services or youth
program services who provide such services to survivors
of members of the Armed Forces who die in combat in the
line of duty (sec. 624)
The House amendment contained a provision (sec. 625) that
would amend section 1798(a) of title 10, United States Code,
to authorize the Department of Defense to provide financial
assistance to civilian providers of childcare services or
youth program services to survivors of members of the Armed
Forces who die in the line of duty while on active duty,
active duty for training, or inactive duty for training.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 1798(a) of title 10, United States Code, to authorize
the Department of Defense to provide financial assistance to
civilian providers of childcare services or youth program
services to survivors of members of the Armed Forces who die
in combat-related incidents in the line of duty.
Casualty assistance for survivors of deceased ROTC graduates
(sec. 625)
The House amendment contained a provision (sec. 630) that
would provide a casualty assistance officer to the family of
Reserve Officers' Training Corps cadets who have taken the
oath but have not yet reported to their first duty station,
in the event of their death.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
Reserve Officers' Training Corps graduates to have received a
commission for the graduate's family to be eligible for a
casualty assistance officer.
Subtitle D--Defense Resale Matters
Defense resale system matters (sec. 631)
The Senate bill contained a provision (sec. 641) that would
require the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Chief Management Officer
of the Department of Defense, to maintain oversight of the
business transformation efforts of the defense commissary
system and the exchange stores system to ensure: (1)
Development of an inter-component business strategy that
maximizes efficiencies and results in a viable defense resale
system in the future; (2) Preservation of patron savings and
satisfaction from and in the defense commissary system and
exchange stores system; and (3) Sustainment of financial
support of the defense commissary and exchange systems for
morale, welfare, and recreation services of the Armed Forces.
The provision would require the Executive Resale Board of the
Department to advise the Under Secretary on the
implementation of sustainable, complementary operations of
the defense commissary system and the exchange stores system.
Additionally, the provision would require the Defense
Commissary Agency and the Military Exchange Service to
identify and implement best commercial business practices and
shared-services systems while integrating certain services
provided by the exchange stores system within commissary
system facilities. The provision would also require the
modernization of information technology and implementation of
[[Page H9774]]
cutting-edge marketing in the defense resale system. Finally,
the provision would amend section 2483(b) of title 10, United
States Code, to authorize inclusion of advertising expenses
in the operating expenses of commissary stores.
The House amendment contained no similar provision.
The House recedes with an amendment that would strike
paragraph (c) of the Senate provision.
Procurement by commissary stores of certain locally sourced
products (sec. 632)
The Senate bill contained a provision (sec. 631) that would
require the Secretary of Defense to ensure that dairy
products, fruits, and vegetables procured for defense
commissary stores are, to the extent practicable, locally
sourced.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary to maintain mandated patron savings when procuring
locally sourced products for commissaries.
GAO review of defense resale optimization study (sec. 633)
The House amendment contained a provision (sec. 631) that
would require the Comptroller General of the United States to
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. The Comptroller General would
submit a report by April 1, 2020, to the Committees on Armed
Services of the Senate and the House of Representatives. The
provision would prohibit the Secretary of Defense from taking
any action to consolidate military exchanges and commissaries
until such committees notify the Secretary in writing of
receipt and acceptance of the findings of the Comptroller
General in the reports required under this provision.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
report requirement.
The conferees note that the Senate Report accompanying S.
1790 (S. Rept. 116-48) of the National Defense Authorization
Act for Fiscal Year 2020 requires the Comptroller General to
provide a similar assessment to the same committees not later
than December 1, 2019.
Subtitle E--Morale, Welfare, and Recreation Privileges
Extension of certain morale, welfare, and recreation
privileges to Foreign Service officers on mandatory home
leave (sec. 641)
The House amendment contained a provision (sec. 634) that
would amend section 1065 of title 10, United States Code, as
added by section 621 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
to extend certain morale, welfare, and recreation privileges
to foreign service officers on mandatory home leave.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of pilot program on a Government lodging program
(sec. 642)
The Senate bill contained a provision (sec. 621) that would
extend by 1 year the Secretary of Defense's authority to
execute a Department of Defense lodging program.
The House amendment contained no similar provision.
The House recedes.
Subtitle F--Reports and Other Matters
Annual reports on approval of employment or compensation of
retired general or flag officers by foreign governments
for emoluments clause purposes (sec. 651)
The Senate bill contained a provision (sec. 1057) that
would modify section 908 of title 37, United States Code, to
require the Secretaries of the military departments to submit
annually to appropriate committees and Members of Congress, a
joint report enumerating each approval issued during the
preceding year for a retired general or flag officer to
accept civil employment or compensation for which the consent
of Congress is required by the last paragraph of Section 9 of
Article I of the Constitution, related to acceptance of
emoluments, offices, or titles from a foreign government. The
provision would require the first report to cover the 5-year
period preceding the year in which the report is submitted.
The House contained a similar provision (sec. 609), with an
added requirement that the report be posted on a publicly
available Internet website of the Department of Defense no
later than 30 days after it has been submitted to Congress.
The Senate recedes with an amendment that would require
that each report be generated in consultation with the
Secretary of State, who takes final action on requests for
waiver of the prohibition on the acceptance of emoluments,
offices or titles from foreign governments, and removes the
requirement for public posting of reports.
Report regarding transition from overseas housing allowance
to basic allowance for housing for servicemembers in the
territories (sec. 652)
The House amendment contained a provision (sec. 610A) that
would require the Secretary of Defense to submit a report to
the congressional defense committees evaluating whether
members of the uniformed services located in the territories
of the United States should receive the Basic Allowance for
Housing instead of the Overseas Housing Allowance.
The Senate bill contained no similar provision.
The Senate recedes.
Report on extension to members of the reserve components of
the Armed Forces of special and incentive pays for
members of the Armed Forces not currently payable to
members of the reserve components (sec. 653)
The Senate bill contained a provision (sec. 5602) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the feasibility and
advisability of paying eligible members of the reserve
components any special or incentive pay for members of the
Armed Forces that is not currently payable to members of the
reserve components.
The House amendment contained no similar provision.
The House recedes.
Study regarding recoupment of separation pay, special
separation benefits, and voluntary separation incentive
payments from members of the Armed Forces and veterans
who receive disability compensation under laws
administered by the Secretary of Veterans Affairs (sec.
654)
The House amendment contained a provision (sec. 608) that
would require the Secretaries of Defense and Veterans Affairs
to conduct a joint study on recoupment of various separation
pay.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on implementation of contributions to the Department
of Defense Military Retirement Fund based on pay costs
per Armed Force rather than on Armed Forces-wide basis
(sec. 655)
The Senate bill contained a provision (sec. 631) that would
amend section 1465 of title 10, United States Code, to
require the Secretary of Defense to make contributions to the
Military Retirement Fund based on an actuarial calculation of
each service's planned pension obligations, beginning with
fiscal year 2021.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to deliver a report to the congressional
defense committees detailing an implementation plan for the
Senate-passed provision that would require service-specific
contributions to the Military Retirement Fund.
The conferees note that requiring service-specific
contributions to the Military Retirement Fund will provide
valuable insight into the true costs of each military
department's manpower. The current system of Military
Retirement Fund contributions produces a disparity between
the services. Those services with fewer personnel who reach
full retirement eligibility, like the Marine Corps,
contribute more to the Military Retirement Fund than needed
to pay for retired marines' pensions. Meanwhile, those
services that have larger numbers of personnel who reach full
retirement eligibility, like the Air Force, effectively
receive a discount on their Military Retirement Fund
contributions.
As each service updates its overall force profile to
support the National Defense Strategy and implements other
reforms, like those to the Blended Retirement System, the
conferees believe it is critical that senior leaders in the
DOD accurately account for the fully-burdened life-cycle cost
of each service's manpower plans.
Report on food insecurity among members of the Armed Forces
and their dependents (sec. 656)
The House amendment contained a provision (sec. 602) that
would amend section 402 of title 37, United States Code, to
authorize the Secretary of Defense to pay a basic needs
allowance to a qualified servicemember.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of Representative
on food insecurity among members of the Armed Forces and
their dependents.
legislative provisions not adopted
Basic allowance for housing for a member without dependents
when relocation would financially disadvantage the member
The House amendment contained a provision (sec. 604) that
would allow the Secretaries of the military departments
discretionary authority to authorize a housing allowance
based on the old homeport or permanent duty station for
single members disadvantaged as a result of a unit's change
of homeport or permanent duty station, as long as the member
had orders returning to the previous homeport or duty
station.
The Senate bill contained no similar provision.
The House recedes.
The conferees note, in general, the Navy plans ship
homeport changes well in advance of the actual relocation
occurring. In the same way, the Navy should also plan
personnel movements related to homeport changes well in
advance in order to minimize
[[Page H9775]]
disruption to sailors. The conferees note that current law
does not require Basic Allowance for Housing be based on a
ship's homeport, and would encourage the Navy to work with
the Department of Defense to develop a policy solution that
provides the necessary authority.
Annual adjustment of basic pay
The House amendment contained a provision (sec. 607) that
would require the adjustment in rates of monthly basic pay
required by subsection (a) of section 1009 of title 37,
United States Code, to take effect, notwithstanding any
determination made by the President.
The Senate bill contained no similar provision.
The House recedes.
Space-available travel on military aircraft for children and
surviving spouses of members who die of hostile action or
training duty
The House amendment contained a provision (sec. 626) that
would amend section 2641 of title 10, United States Code, to
allow children meeting certain requirements and surviving
spouses of members of the Armed Forces who die as a result of
hostile action or training duty to use space-available
travel.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that section 2641b of title 10, United
States Code, authorizes the space-available travel program
and provides the Secretary of Defense with the ability to
extend eligibility for the program to any category of
individual the Secretary considers appropriate. The conferees
believe that space-available travel privileges should be
extended to spouses and children of servicemembers who die in
combat, if there is no impact on readiness or on the priority
appropriately afforded to members of the armed forces on
active duty and their families, in recognition of the demands
of active military service and the need for respite from such
demands. Accordingly, the conferees direct the Secretary to
report to the Committees on Armed Services of the Senate and
the House of Representatives by no later than March 1, 2020,
on the scope of the population described in section 626 of
the House bill, the obstacles in providing this population
with space-available privileges, and whether an extension
of this benefit to such population would interfere with
the use of space-available travel by active duty members
and their families, particularly on the most traveled
routes.
Report regarding management of military commissaries and
exchanges
The House amendment contained a provision (sec. 632) that
would require the Secretary of Defense to submit a report to
the congressional defense committees, not later than 180 days
after the date of the enactment of this Act, regarding
management practices of military commissaries and exchanges.
The Senate bill contained no similar provision.
The House recedes.
Treatment of fees on services provided as supplemental funds
for commissary operations
The Senate bill contained a provision (sec. 642) that would
amend section 2483(c) of title 10, United States Code, to
authorize retention of fees collected on services provided to
secondary patron groups, such as Department of Defense
contractors living overseas, by the Defense Commissary Agency
to offset commissary operating costs.
The Senate bill contained a provision (sec. 5642) that
would cause section 642, and the amendment made by that
section, to have no cause or effect.
The House amendment contained no similar provisions.
The Senate recedes.
Title VII--Health Care Provisions
Subtitle A--Tricare and Other Health Care Benefits
Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve (sec. 701)
The House amendment contained a provision (sec. 703) that
would amend section 1076d(a)(2) of title 10, United States
Code, to modify eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve after December 31,
2029.
The Senate bill contained no similar provision.
The Senate recedes.
TRICARE payment options for retirees and their dependents
(sec. 702)
The Senate bill contained a provision (sec. 702) that would
amend section 1099 of title 10, United States Code, to
require that a premium owed by a member, former member, or
dependent, eligible for medical and dental care under section
1074(b) or 1076 of such title, be withheld, to the maximum
extent practicable, from the individual's retired, retainer,
or equivalent pay. The provision would authorize the
Secretary of Defense to determine the method and frequency of
payment when circumstances prevent payment through an
allotment from retired, retainer, or equivalent pay. The
amendments in this provision would apply to health care
coverage beginning on or after January 1, 2021.
The House amendment contained no similar provision.
The House recedes.
Lead level screening and testing for children (sec. 703)
The Senate bill contained a provision (sec. 703) that would
require the Secretary of Defense to establish and disseminate
clinical practice guidelines for health care providers in the
military health system on screening, testing, and reporting
of blood lead levels in children. The provision would require
the Secretary to provide blood lead level test results to a
child's parent or guardian, the State health department where
the child resides, or the Centers for Disease Control and
Prevention and the appropriate country if the child resides
outside the United States. Finally, the provision would
require the Secretary to submit a report to the congressional
defense committees, not later than January 1, 2021,
describing the number of children screened, tested, and
treated for elevated blood lead levels during the period
beginning on the date of the enactment of this Act and ending
on the date of the report.
The House amendment contained a provision (sec. 704) that
would amend section 1077 of title 10, United States Code, to
prescribe certain times when a child should be screened and
tested for elevated blood lead levels during well-baby care
visits in military medical treatment facilities. The
provision would require the Secretary to share test results
similarly as prescribed in the Senate provision. In addition,
the provision would require the Secretary to submit a similar
report to the same committees by the same date and to require
the Comptroller General of the United States to submit a
report to those committees, not later than January 1, 2022,
on the effectiveness of screening, testing, and treating
children for lead exposure and lead poisoning. Finally, the
provision would require the Secretary to maintain records
regarding military housing and lead-based paint.
The House recedes with a clarifying amendment.
Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of periodic health
assessments and other physical examinations (sec. 704)
The House amendment contained a provision (sec. 705) that
would amend sections 1145(a)(5) and 1074f(b)(2) of title 10,
United States Code, to require the Secretary of Defense to
ensure that periodic, separation, or deployment health
assessments provided to servicemembers include an evaluation
whether the member has been: (1) Based or stationed at a
location where an open burn pit was used; and (2) Exposed to
toxic airborne chemicals or contaminants, including any
information recorded in the Airborne Hazards and Open Burn
Pit Registry. The provision would require the Secretaries of
Defense and Veterans Affairs to enter into a joint memorandum
of understanding to share results of such assessments
regarding a servicemember's exposure to toxic airborne
chemicals or contaminants and to enroll such servicemember in
the named registry unless the member elects not to enroll.
The Senate bill contained a similar provision (sec. 5702).
The Senate recedes.
Enhancement of recordkeeping with respect to exposure by
members of the Armed Forces to certain occupational and
environmental hazards while deployed overseas (sec. 705)
The Senate bill contained a provision (sec. 717) that would
amend section 1074f of title 10, United States Code, to
require the Department of Defense to include occupational or
environmental health exposures during deployment in its
medical tracking system. The provision would also require the
Department to provide healthcare providers with questions to
ask servicemembers about occupational or environmental health
exposures during post-deployment health assessments and to
ensure that the medical records of servicemembers include
information on the external cause relating to a medical
diagnosis of the member. Finally, the provision would require
the Secretary of Defense to ensure that the Department's
medical personnel have access to information in the burn pit
registry maintained by the Department of Veterans Affairs.
The House amendment contained a similar provision (sec.
706).
The House recedes.
Modifications to post-deployment mental health assessments
for members of the Armed Forces deployed in support of a
contingency operation (sec. 706)
The House amendment contained a provision (sec. 707) that
would amend section 1074m(a)(1) of title 10, United States
Code, to modify the requirement for post-deployment mental
health assessments for servicemembers deployed in support of
a contingency operation. The provision would provide certain
exceptions to the timeline for the administration of mental
health assessments. In addition, the provision would amend
section 1074m(a)(1)(B) to eliminate the sunset for such
assessments during deployment.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Provision of blood testing for firefighters of Department of
Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances (sec. 707)
The Senate bill contained a provision (sec. 704) that would
require the Secretary of Defense, beginning on October 1,
2020, to provide blood testing to determine and document
potential exposure to perfluoroalkyl and polyfluoroalkyl
substances for firefighters of the Department of Defense
during their annual physical exams.
[[Page H9776]]
The House bill contained a similar provision (sec. 708).
The House recedes.
Subtitle B--Health Care Administration
Modification of organization of military health system (sec.
711)
The Senate bill contained a provision (sec. 711) that would
amend section 1073c of title 10, United States Code, to make
clarifying and technical amendments on the administration of
the Defense Health Agency and military medical treatment
facilities.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Over the past four years, Congress has enacted several
provisions designed to guide the Department of Defense in
implementing a major reform of the military health system to
make it more effective, efficient, and less costly. These
enactments require replacement of the semi-autonomous
Service-run components of the system with a single
accountable organization, the Defense Health Agency,
responsible for managing an integrated health care system
that includes all military medical treatment facilities in
the direct care system, with a sharper focus on military
medical readiness, and the purchased care system, with an
emphasis on maximum value and the attainment of better health
outcomes for beneficiaries and the Department. Under this
construct, the responsibility of the military departments is
to recruit, retain, organize, and develop the military
medical force and to make it available to combatant commands
when needed to support military operations or otherwise to
the Defense Health Agency. The conferees are aware of a lack
of consensus in the Department on implementing the reforms
required by law but see no reason to change direction. The
conferees expect the Secretary of Defense to fully implement
the law and to accomplish these critically important reforms
expeditiously.
Support by military health system of medical requirements of
combatant commands (sec. 712)
The Senate bill contained a provision (sec. 712) that would
amend section 712 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-332)
to modify and clarify the military health system's support to
the medical requirements of the combatant commands.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Requirements for certain prescription drug labels (sec. 713)
The House amendment contained a provision (sec. 711) that
would amend section 1074g of title 10, United States Code, to
require the Secretary of Defense to ensure that drugs made
available through facilities of the Armed Forces under the
Secretary's jurisdiction shall include printed labels, on or
within the drug package, which provide directions for the
drug's use. The provision would require implementation within
90 days after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to ensure that such drugs include labels
and other labeling in compliance with the requirements of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
Officers authorized to command Army dental units (sec. 714).
The Senate bill contained a provision (sec. 723) that would
amend section 7081(d) of title 10, United States Code, to
authorize Army Medical Department officers to command Army
dental units.
The House amendment contained a similar provision (sec.
712).
The Senate recedes.
Improvements to interagency program office of the Department
of Defense and the Department of Veterans Affairs (sec.
715)
The House amendment contained a provision (sec. 713) that
would amend section 1635(c) of the Wounded Warrior Act (title
16 of Public Law 110-181) to require improvements to the
Interagency Program Office (IPO) of the Department of Defense
and the Department of Veterans Affairs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend the
same statute to require certain improvements to the IPO. The
provision would: (1) Describe the qualifications and
authorities for the IPO's director and deputy director and
outline the purposes of the IPO; (2) Require the Departments
to enter into an agreement with an independent entity to
evaluate certain implementation milestones of the
Departments' electronic health record systems (EHRs); (3)
Require the IPO to maintain a common configuration baseline
for the Departments' EHRs; (4) Require the IPO to develop a
comprehensive interoperability strategy; and (5) Require the
IPO to consult annually with clinical staff and to conduct
clinical and patient satisfaction surveys on the EHRs.
Finally, the provision would require the IPO director to
submit to the Secretaries an annual publicly available report
from September 30, 2020, through 2024, on the activities of
the office in the preceding year.
Expansion of strategy to improve acquisition of managed care
support contracts under TRICARE program (sec. 716)
The Senate bill contained a provision (sec. 714) that would
amend section 705(c)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) to include
overseas medical support contracts in the strategy to improve
the acquisition of managed care support contracts under the
TRICARE program.
The House amendment contained no similar provision.
The House recedes.
Inclusion of blast exposure history in medical records of
members of the Armed Forces (sec. 717)
The House amendment contained a provision (sec. 716) that
would require the Secretary of Defense, in coordination with
the service secretaries, to document blast exposure history
in the medical records of servicemembers. The provision would
prescribe the elements of a blast exposure history and would
specify how the Secretary should collect blast exposure
information. Finally, the provision would require the
Secretary to submit a report on the types of information in a
blast exposure history to the Committees on Armed Services of
the Senate and the House of Representatives not later than 1
year after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
paragraph (c) of section 716 and define the type of blast
exposure incident that should be documented in a
servicemember's medical record.
Comprehensive policy for provision of mental health care to
members of the Armed Forces (sec. 718)
The House amendment contained a provision (sec. 717) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, to
develop and implement a comprehensive policy, within 180 days
after the date of the enactment of this Act, for the
provision of mental health care for servicemembers.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on the realignment or reduction of military
medical manning end strength (sec. 719)
The House amendment contained a provision (sec. 718) that
would prohibit the Secretary of Defense and the service
secretaries from realignment or reduction of military medical
end strength authorizations until each secretary concerned
conducts a review and analysis of the medical manpower
requirements of each military department under all national
defense strategy scenarios. The provision would require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of
Representatives, within 180 days of the date of the enactment
of this Act, on such realignments or reductions. The
provision would not apply to billets, which have remained
unfilled since October 1, 2018, if such billets would not
affect the provision of health care services to
servicemembers or covered beneficiaries.
The Senate bill had no similar provision.
The Senate recedes with an amendment that would modify the
exceptions on the limitation of the realignment or reduction
of military medical end strength authorizations.
Strategy to recruit and retain mental health providers (sec.
720)
The House amendment contained a provision (sec. 719) that
would require the Secretary of Defense to submit a report,
within 180 days of the date of the enactment of this Act, to
the congressional defense committees on the Department's
strategy to recruit and retain mental health providers.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Development of partnerships to improve combat casualty care
for personnel of the Armed Forces (sec. 721)
The House amendment contained a provision (sec. 720B) that
would require the Secretary of Defense, through the Joint
Trauma Education and Training Directorate, to develop
partnerships by October 1, 2020, with civilian academic
centers and large metropolitan teaching hospitals to improve
combat casualty care for servicemembers. The provision would
require the Department of Defense to establish such
partnerships with level 1 civilian trauma centers to train
military physicians, including trauma surgeons, to treat
critically injured burn patients.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary to develop such partnerships.
Modification to referrals for mental health services (sec.
722)
The House amendment contained a provision (sec. 720C) that
would authorize the Secretary of Defense to refer a
servicemember for mental health services to a provider under
the TRICARE program if the Secretary cannot provide mental
health services in a military medical treatment facility to
the member within 15 days on which the member first
requests the services.
The Senate bill contained no similar provision.
[[Page H9777]]
The Senate recedes.
Subtitle C--Reports and Other Matters
Authorization of claims by members of the uniformed services
against the United States for personal injury or death
caused by medical malpractice (sec. 731)
The House amendment contained a provision (sec. 729) that
would amend chapter 171 of title 28, United States Code, to
authorize a claim against the United States for damages
relating to personal injury or death of a servicemember
arising out of a negligent or wrongful act or omission in the
performance of medical, dental, or related health care
functions provided at a 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
United States government.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
chapter 163 of title 10, United States Code, to authorize the
Secretary of Defense to allow, settle, and pay a claim
against the United States for personal injury or death
incident to the service of a member of the uniformed services
that was the result of medical malpractice caused by a
Department of Defense health care provider.
Extension and clarification of authority for Joint Department
of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund (sec. 732)
The Senate bill contained a provision (sec. 721) that would
amend title XVII of the National Defense Authorization for
Fiscal Year 2010 (Public Law 111-84) to make certain
technical corrections to such title. Additionally, the
provision would permit the James A. Lovell Federal Health
Care Center to enter into personal services contracts to
carry out healthcare responsibilities at the Center to the
same extent and subject to the same conditions and
limitations as in medical treatment facilities of the
Department of Defense. Finally, the provision would extend
the authority for the joint Department of Defense-Department
of Veterans Affairs Demonstration Fund from September 30,
2020, to September 30, 2021.
The House amendment contained no similar provision.
The House recedes.
Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine (sec.
733)
The Senate bill contained a provision (sec. 722) that would
amend subparagraph (C) of paragraph (1) of section 178(c) of
title 10, United States Code, to authorize the appointment of
a member of the council of the Henry M. Jackson Foundation
for the Advancement of Military Medicine by currently serving
members upon the expiration of the term of a member. The
provision would also amend paragraph (2) of such section to
repeal an obsolete authority establishing staggered terms of
members of the council. The provision would not terminate or
otherwise alter the appointment or term of service of council
members serving on the date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Establishment of Academic Health System in National Capital
Region (sec. 734)
The Senate bill contained a provision (sec. 724) that would
amend chapter 104 of title 10, United States Code, by
inserting a new section to authorize the Secretary of Defense
to establish an Academic Health System in the National
Capital Region to integrate the healthcare, health
professions education, and health research activities of the
military health system in that region. The provision would
authorize the Secretary to appoint employees of the
Department of Defense to leadership positions in such system
in addition to similar leadership positions for members of
the Armed Forces. Moreover, the provision would authorize the
Secretary to use the authorities under chapter 104 for the
administration of the system.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Provision of veterinary services by veterinary professionals
of the Department of Defense in emergencies (sec. 735)
The Senate bill contained a provision (sec. 725) that would
amend chapter 53 of title 10, United States Code, to
authorize a licensed veterinary professional of the
Department of Defense (DOD) to provide veterinary services in
any state, the District of Columbia, and any territory or
possession of the United States, if the services provided
fall within the scope of authorized duties of the veterinary
professional for the DOD.
The House amendment contained no similar provision.
The House recedes.
Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund (sec. 736)
The Senate bill contained a provision (sec. 726) that would
amend section 8111(d)(3) of title 38, United States Code, to
extend the authorization of the Department of Defense-
Department of Veterans Affairs Health Care Sharing Incentive
Fund to September 30, 2025.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
extension of the Fund to September 30, 2023.
Preservation of resources of the Army Medical Research and
Materiel Command and continuation as Center of Excellence
(sec. 737)
The Senate bill contained a provision (sec. 5703) that
would preserve the resources of the Army Medical Research and
Materiel Command (MRMC) as it realigns under the Defense
Health Agency. The provision would require transfer to the
Defense Health Program of all funding amounts available for
such command upon the realignment. Additionally, the
provision would require continuation of the Center of
Excellence for Joint Biomedical Research, Development, and
Acquisition Management for efforts undertaken under the
Defense Health Program.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to maintain the resources of MRMC,
including manpower and funding, at not less than the level of
resources as of the date of the enactment of this Act until
September 30, 2022. Additionally, the provision would require
transfer of funds available to MRMC for research,
development, test, and evaluation for the Army to the Defense
Health Program on October 1, 2022. Finally, the provision
would require continuation of the center of excellence after
September 30, 2022.
Encouragement of participation in Women's Health Transition
Training pilot program (sec. 738)
The House amendment contained a provision (sec. 723) that
would require the service secretaries to encourage female
servicemembers, separating or retiring from the Armed Forces
during fiscal year 2020, to participate in the Women's Health
Transition Training Pilot Program administered by the
Secretary of Veterans Affairs. The provision would require
the Secretary of Defense, in consultation with the service
secretaries, to submit a report to the Committees on Armed
Services and the Committees on Veterans Affairs of the Senate
and the House of Representatives on the pilot program not
later than September 30, 2020.
The Senate bill contained no similar provision.
The Senate recedes.
National Guard suicide prevention pilot program (sec. 739)
The House amendment contained a provision (sec. 724) that
would authorize the Chief of the National Guard Bureau to
conduct a pilot program to expand suicide prevention and
intervention efforts at the community level through a mobile
application, which would enable a National Guard member to
receive prompt access to a behavioral health professional on
a smartphone, tablet computer, or other handheld mobile
device.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Pilot program on civilian and military partnerships to
enhance interoperability and medical surge capability and
capacity of National Disaster Medical System (sec. 740)
The Senate bill contained a provision (sec. 727) that would
authorize the Secretary of Defense to conduct a pilot program
for no more than 5 years to establish partnerships with
public, private, and non-profit health care organizations,
institutions, and entities in collaboration with the
Secretaries of Veterans Affairs, Health and Human Services,
Homeland Security, and Transportation to enhance
interoperability and medical surge capability and capacity of
the National Disaster Medical System. Under this pilot, the
Secretary of Defense would establish these partnerships at no
fewer than five major aeromedical transport hub regions of
the Department of Defense in the United States. The provision
would require the Secretary of Defense to submit an initial
report to the Committees on Armed Services of the Senate and
the House of Representatives, not later than 180 days after
commencement of the pilot program, and a final report to the
same committees within 180 days of the completion of the
program.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the
Department of Defense (sec. 741)
The House amendment contained a provision (sec. 725) that
would require the Secretary of Defense to submit a report to
the Committees on Armed Services of the Senate and the House
of Representatives, within 90 days of the date of the
enactment of this Act and annually thereafter through January
31, 2021, on suicide among servicemembers during the
preceding year of the report. The provision would prescribe
the matters included in such reports.
The Senate bill contained a provision (sec. 5508) that
would require the Comptroller General of the United States to
submit a report to the same committees, within 240 days of
the date of the enactment of this Act, on the programs and
activities of the Department of Defense and Armed Forces for
the prevention of suicide among servicemembers and their
families.
The Senate recedes with a clarifying amendment that would
include both provisions.
[[Page H9778]]
Modification of requirements for longitudinal medical study
on blast pressure exposure of members of the Armed Forces
and collection of exposure information (sec. 742)
The Senate bill contained a provision (sec. 728) that would
amend section 734 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91) to modify the
requirements of the Longitudinal Medical Study on Blast
Pressure Exposure on Members of the Armed Forces. The
provision would require the Secretary of Defense to submit
annual status reports on the study to the Committees on Armed
Services of the Senate and the House of Representatives not
later than January 1 of each year until completion of the
study.
The House amendment contained no similar provision.
The House recedes with an amendment that would ensure data
gathered from the study is interoperable and can be uploaded
into the Department's electronic health record, MHS Genesis,
or a successor system. Additionally, the amendment would
prescribe how the Secretary of Defense should collect blast
exposure information on servicemembers.
Study and plan on the use of military-civilian integrated
health delivery systems (sec. 743)
The House amendment contained a provision (sec. 726) that
would require the Secretary of Defense to conduct a study on
the use of local military-civilian integrated health systems
pursuant to section 706 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) and to submit a
report on the results of the study to the Committees on Armed
Services of the Senate and the House of Representatives
within 180 days of the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to submit a plan for further development of the use
of local military-civilian integrated health systems by the
Department.
Study on case management in the military health system (sec.
744)
The House amendment contained a provision (sec. 727) that
would require the Secretary of Defense to conduct a study on
the effectiveness of case management practices at military
medical treatment facilities and to submit a report on the
results of the study to the Committees on Armed Services of
the Senate and the House of Representatives within 180 days
of the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary to include in the study an evaluation of the case
management and outreach provided by managed care support
contractors supporting the Defense Health Agency.
Report on Global Health Security Strategy and the National
Biodefense Security (sec. 745)
The House amendment contained a provision (sec. 731) that
would require the Secretary of Defense to submit a report on
the implementation of the Global Health Security Strategy and
the National Biodefense Strategy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to clarify the
appropriate congressional committees.
Study on establishment of wounded warrior service dog program
(sec. 746)
The House amendment contained a provision (sec. 742) that
would require the Secretary of Defense to award grants to
nonprofit organizations to assist such organizations in
implementing programs to provide assistance dogs to covered
members of the military and veterans.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
study on the feasibility of establishing a wounded warrior
service dog program.
GAO report on Department of Defense quality assurance program
and impacts of medical malpractice actions (sec. 747)
The House amendment contained a provision (sec. 744) that
would require the Secretary of Defense to submit a report to
the congressional defense committees identifying the number
of medical providers employed by the Department of Defense
who, before being employed by the Department, lost medical
malpractice insurance coverage by reason of the insurer
dropping the coverage.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Comptroller General of the United States to submit a report
to the Committees on Armed Services of the Senate and the
House of Representatives, not later than January 1, 2021,
which would provide: (1) An assessment of the effectiveness
of the quality assurance program of the Department in
querying and monitoring the National Practitioner Data Bank;
(2) A comparison of outcomes for military health system
patients who may bring an action against the Federal
government for negligence or medical malpractice and the
outcomes for such patients who may not bring such an action;
and (3) A comparison of the elements and average amounts of
death and disability compensation that apply regardless of
the underlying cause of death or disability with those
elements and average amounts of settlements that result from
medical malpractice litigation against the Federal
government.
Reports on Millennium Cohort Study relating to women members
of the Armed Forces (sec. 748)
The House amendment contained a provision (sec. 750) that
would require the Secretary of Defense to submit annual
reports to the appropriate congressional committees on the
findings of the Millennium Cohort Study relating to the
gynecological and perinatal health of female servicemembers
participating in the study.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
matters included in the reports and require the Secretary to
submit such reports to the Committees on Armed Services of
the Senate and the House of Representatives within 180 days
of the date of the enactment of this Act and annually through
January 1, 2022.
Study on effects of sleep deprivation on readiness of members
of the Armed Forces (sec. 749)
The conference agreement includes a provision that would
require the Secretary of Defense to conduct a study on the
effects of sleep deprivation on the readiness of
servicemembers and to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives
within 270 days of the date of the enactment of this Act.
Study and report on traumatic brain injury mitigation efforts
(sec. 750)
The conference agreement includes a provision that would
require the Secretary of Defense to conduct a meta-analysis
of evidence-based traumatic brain injury (TBI) mitigation
efforts by the Department of Defense, related Federal agency
partners, and efforts discussed in academic literature, which
demonstrate best clinical effectiveness in the treatment of
TBI. The Secretary would submit a report on the results of
the study to the Committees on Armed Services of the Senate
and the House of Representatives within 270 days of the date
of the enactment of this Act.
LEGISLATIVE PROVISIONS NOT ADOPTED
Contraception coverage parity under the TRICARE program
The Senate bill contained a provision (sec. 701) that would
amend sections 1074d(b)(3), 1075(c), 1075a(b), and
1074g(a)(6) of title 10, United States Code, to require
coverage of contraception services for covered beneficiaries
under the TRICARE program. The provision would prohibit cost-
sharing for any method of contraception provided by a network
provider under TRICARE Select or a provider under TRICARE
Prime. Additionally, a beneficiary would pay no cost-share
for any prescription contraceptive on the uniform formulary
that is provided by a network retail pharmacy provider or the
mail-order pharmacy program. The effective date of this
provision would be January 1, 2020.
The Senate bill contained a provision (sec. 5701) that
would cause the amendments made by section 701 to take effect
on January 1, 2030.
The House amendment contained a provision (sec. 701)
similar to Senate section 701.
The House and Senate recede.
Medical services at military medical treatment facilities for
sexual assault survivors
The House amendment contained a provision (sec. 702) that
would amend Chapter 55 of title 10, United States Code, to
require the Secretary of Defense to furnish certain
information and assistance on pregnancy prevention to sexual
assault survivors at each military medical treatment
facility.
The Senate bill contained no similar provision.
The House recedes.
Inclusion of infertility treatments for members of the
uniformed services
The House amendment contained a provision (sec. 709) that
would authorize infertility treatments for uniformed services
members and their spouses under section 1074(a) of title 10,
United States Code.
The Senate bill contained no similar provision.
The House recedes.
Authorization of appropriations for TRICARE lead screening
and testing for children
The House amendment contained a provision (sec. 710) that
would authorize appropriations for TRICARE lead screening and
testing for children.
The Senate bill contained no similar provision.
The House recedes.
Tours of duty of commanders or directors of military
treatment facilities
The Senate bill contained a provision (sec. 713) that would
require the Secretary of Defense, not later than January 1,
2021, to establish a minimum length of 4 years for tours of
duty, with limited exceptions, for commanders or directors of
military treatment facilities to ensure greater stability in
health system executive management at each facility and
throughout the military health system.
The House amendment contained no similar provision.
The Senate recedes.
[[Page H9779]]
Comprehensive enterprise interoperability strategy for the
Armed Forces and the Department of Veterans Affairs
The House amendment contained a provision (sec. 714) that
would require the Secretaries of Defense and Veterans Affairs
jointly to develop and implement a comprehensive enterprise
interoperability strategy and to submit such strategy to the
appropriate congressional committees within 180 days after
the date of the enactment of this Act. Subsequently, the
Secretaries would provide an update to the strategy to the
same committees not later than December 31, 2024.
The Senate bill contained no similar provision.
The House recedes.
The conferees included the intent of this provision in a
separate provision that focuses on improvements to the
Interagency Program Office of the Departments of Defense and
Veterans Affairs.
Demonstration of interoperability milestones
The House amendment contained a provision (sec. 715) that
would require the Interagency Program Office (IPO) of the
Departments of Defense and Veterans Affairs to enter into an
agreement with an independent entity to conduct an evaluation
of interoperability, functionality, and seamless health care
within the Departments' electronic health record systems by
determining if the Departments have met certain prescribed
milestone timelines. The IPO would then submit a report to
the appropriate congressional committees detailing the
evaluation, methodology for testing, and findings for each
such milestone. The provision would also require the IPO to:
(1) Maintain and continually evaluate a common system
configuration baseline; (2) Obtain regular consultations from
clinicians using the electronic health record systems; and
(3) Conduct clinician and patient satisfaction surveys.
Finally, the provision would require the IPO to submit annual
reports on such matters to the same committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees included the intent of this provision in a
separate provision that focuses on improvements to the IPO of
the Departments of Defense and Veterans Affairs.
Establishment of regional medical hubs to support combatant
commands
The Senate bill contained a provision (sec. 715) that would
require the Secretary of Defense, not later than October 1,
2022, to establish up to four regional medical hubs,
consistent with section 712 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), to support the operational medical requirements of
the combatant commands. Under this provision, each regional
hub would include a major military medical center to provide
complex, specialized medical services in that region. The
regional medical center would be geographically located to
maximize medical support to combatant commands. The provision
would authorize the Secretary to establish or maintain
additional medical centers in locations with large
beneficiary populations or locations that serve as the
primary readiness platforms of the Armed Forces.
The House amendment contained no similar provision.
The Senate recedes.
Monitoring of adverse event data on dietary supplement use by
members of the Armed Forces
The Senate bill contained a provision (sec. 716) that would
require the Secretary of Defense to modify the Department's
electronic health record (EHR) system to include data
regarding use of dietary supplements by members of the Armed
Forces and any adverse events associated with such use. The
provision would also require the Secretary to educate
healthcare providers in the military health system on the
importance of including adverse event data in the EHR and
reporting those data to the Food and Drug Administration.
The House amendment contained no similar provision.
The Senate recedes.
Monitoring medication prescribing practices for the treatment
of post-traumatic stress disorder
The House amendment contained a provision (sec. 720) that
would require the Secretary of Defense to submit a report,
within 180 days of the date of the enactment of this Act, to
the Committees on Armed Services of the Senate and the House
of Representatives on the practices for prescribing
medication for post-traumatic stress disorder (PTSD), which
were inconsistent with Department of Defense (DOD)-Department
of Veterans Affairs (VA) guidelines from the period January
1, 2012, through December 31, 2017.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the importance of clinical practice
guidelines for prescribing medications for PTSD and strongly
encourage medical providers of the DOD and VA to adhere to
such guidelines.
Maintenance of certain medical services at military medical
treatment facilities at service academies
The House amendment contained a provision (sec. 720A) that
would amend section 1073d of title 10, United States Code, to
require the Secretary of Defense to ensure that each military
medical treatment facility located at a military service
academy provides certain covered medical services unless the
Secretary determines that a civilian medical facility located
within 5 miles from such academy provides that covered
medical service.
The Senate bill contained no similar provision.
The House recedes.
Establishment of military dental research program
The House amendment contained a provision (sec. 721) that
would amend chapter 104 of title 10, United States Code, to
authorize the Secretary of Defense to establish a military
dental research program at the Uniformed Services University
of the Health Sciences.
The Senate bill contained no similar provision.
The House recedes.
Pilot program on cryopreservation and storage
The House amendment contained a provision (sec. 722) that
would require the Secretary of Defense to establish a pilot
program to provide not more than 1,000 Active-Duty
servicemembers with the opportunity to cryopreserve and store
their gametes prior to deployment to a combat zone.
The Senate bill contained no similar provision.
The House recedes.
Study on infertility among members of the Armed Forces
The House amendment contained a provision (sec. 728) that
would require the Secretary of Defense to submit a study on
the incidence of infertility among active and reserve
component servicemembers to the Committees on Armed Services
of the Senate and the House of Representatives not later than
180 days after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees note a requirement in the Senate Report
accompanying S. 1790 (S. Rept. 116-48) of the National
Defense Authorization Act for Fiscal Year 2020, that the
Secretary of Defense provide a similar report to the
Committees on Armed Services of the Senate and the House of
Representatives by June 1, 2020.
Study on extending parent's level of TRICARE health coverage
to newborn child
The House amendment contained a provision (sec. 730) that
would require the Secretary of Defense to conduct a study on
extending a parent's level of TRICARE coverage to the newborn
child of the parent and to submit a report on the study to
the congressional defense committees within 120 days of the
date of the enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
Report on mental health assessments
The House amendment contained a provision (sec. 732) that
would require the Comptroller General of the United States to
submit to the Committees on Armed Services and Veterans
Affairs of the Senate and the House of Representatives,
within 1 year after the date of the enactment of this Act, a
publicly available report on the Department of Defense's
implementation of section 1074n of title 10, United States
Code.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the January 11, 2019, receipt of the
Department of Defense's annual report on mental health
assessments required by section 701 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291). In that report,
the Department described the tools and processes used to
provide annual mental health assessments and also provided
certain recommendations to improve monitoring and reporting
the number of servicemembers: (1) Who receive mental health
assessments; (2) Who get referrals for mental health care;
and (3) Who receive care from those referrals. The conferees
anticipate receipt and review of the annual report in 2020 to
understand how the Department has implemented its
recommendations provided in the 2019 report.
Study and report on mental health assessments for members of
the Armed Forces deployed in support of a contingency
operation
The House amendment contained a provision (sec. 733) that
would require the service secretaries to conduct a study on
mental health assessments provided to servicemembers deployed
in connection with a contingency operation and to submit a
report containing the results of the study to the
congressional defense committees within 180 days of the date
of the enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees stress the importance of providing mental
health assessments to servicemembers in accordance with
section 1074m of title 10, United States Code, and direct the
service secretaries to ensure accomplishment of those
assessments for those servicemembers. Additionally, the
conferees expect that all servicemembers demonstrating mental
health signs or symptoms will receive rapid referral for
evaluation and
[[Page H9780]]
treatment by the appropriate mental health providers.
Education on family planning for members of the Armed Forces
The House amendment contained a provision (sec. 734) that
would require the Secretary of Defense, in conjunction with
the Secretary of the Department in which the Coast Guard is
operating, to establish a uniform standard curriculum for
servicemembers' family planning education programs within 1
year of the date of the enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
Funding for CDC ATSDR PFAS health study increment
The House amendment contained a provision (sec. 735) that
would increase funding for the CDC ATSDR PFAS health study
increment.
The Senate bill contained no similar provision.
The House recedes.
Sense of the House of Representatives on increasing research
and development in bioprinting and fabrication in austere
military environments
The House amendment contained a provision (sec. 736) that
would express the sense of the House of Representatives that
the Defense Health Agency should take appropriate actions to
focus on research and development in bioprinting and
fabrication in austere environments.
The Senate bill contained no similar provision.
The House recedes.
Increased collaboration with NIH to combat triple negative
breast cancer
The House bill contained a provision (sec. 737) that would
require the Department of Defense to work in collaboration
with the National Institutes of Health to identify specific
biomarkers and to provide information useful in drug
discovery and clinical trials design to combat triple
negative breast cancer.
The Senate bill contained no similar provision.
The House recedes.
Funding for post-traumatic stress disorder
The House amendment contained a provision (sec. 738) that
would increase Defense Health Program funding for post-
traumatic stress disorder.
The Senate bill contained no similar provision.
The House recedes.
Study on readiness contracts and the prevention of drug
shortages
The House amendment contained a provision (sec. 739) that
would require the Secretary of Defense to conduct a study on
the effectiveness of readiness contracts managed by the
Customer Pharmacy Operations Center of the Defense Logistics
Agency in meeting the Department's drug requirements. The
study would include an analysis to determine how the
contractual approach to manage military health care drug
shortages could serve as a model for responding to drug
shortages in the civilian health care market.
The Senate bill contained no similar provision.
The House recedes.
Update of Department of Defense regulations, instructions,
and other guidance to include gambling disorder
The House amendment contained a provision (sec. 740) that
would require the Secretary of Defense, within 180 days of
the date of the enactment of this Act, to consult with the
service secretaries and update all regulations, instructions,
and other guidance of the Department with respect to
behavioral health to explicitly include gambling disorder.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the requirement in section 733 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) for the Secretary of Defense
to incorporate medical screening questions related to
gambling disorder in periodic health assessments and surveys
of military personnel. With this requirement, the Secretary
must submit a report to the Committees on Armed Services of
the Senate and the House of Representatives on the findings
of the assessments or surveys in connection with the
prevalence of gambling disorder among servicemembers. Until
the committees receive this report, the conferees believe it
is premature to require updates to the Department's
regulations, instructions, or other guidance on gambling
disorder.
Findings on musculoskeletal injuries
The House amendment contained a provision (sec. 741) that
would express certain findings on musculoskeletal injuries of
Active-Duty servicemembers.
The Senate bill contained no similar provision.
The House recedes.
National Capital Consortium Psychiatry Residency Program
The House amendment contained a provision (sec. 743) that
would express a sense of Congress on the National Capital
Consortium Psychiatry Residency Program.
The Senate bill contained no similar provision.
The House recedes.
Pilot program on partnerships with civilian organizations for
specialized surgical training
The House amendment contained a provision (sec. 746) that
would require the Secretary of Defense to conduct a pilot
program to establish one or more partnerships with public,
private, and non-profit organizations and institutions to
provide short-term specialized surgical training to advance
the medical skills and capabilities of military medical
providers.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Senate Report accompanying S.
1790 (S. Rept. 116-48) of the National Defense Authorization
Act for Fiscal Year 2020 encourages the Secretary of Defense
to conduct a pilot program to assess the feasibility
and advisability of partnerships to advance the skills and
capabilities of such providers.
Report on research and studies regarding health effects of
burn pits
The House amendment contained a provision (sec. 747) that
would require the Secretary of Defense to submit a report to
the congressional defense committees and the Committees on
Veterans Affairs of the Senate and the House of
Representatives on the status, methodology, and culmination
timeline of all the research and studies being conducted to
assess the health effects of burn pits.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the numerous research studies on the
health effects of burn pits and encourage the Departments of
Defense and Veterans Affairs to continue their efforts to
study the long-term health effects of exposure to harmful
toxins in burn pits.
Training on health effects of burn pits and other airborne
hazards
The House amendment contained a provision (sec. 748) that
would require the Secretary of Defense to provide mandatory
training to all medical providers in the Department on the
potential health effects of burn pits and other airborne
hazards and the early detection of those effects.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain concerned regarding the negative
health effects to servicemembers from exposure to burn pits
and other airborne hazards. The conferees encourage the
Departments of Defense and Veterans Affairs to develop
jointly a clinical practice guideline on exposure to airborne
environmental hazards, which would optimize patient care to
servicemembers and veterans exposed to such hazards.
Report on operational medical and dental personnel
requirements
The House amendment contained a provision (sec. 749) that
would require the Secretary of Defense to submit a report to
the congressional defense committees, not later than January
1, 2021, on the operational medical and dental personnel
requirements of the Department.
The Senate bill contained no similar provision.
The House recedes.
Partnerships with academic health centers
The House amendment contained a provision (sec. 751) that
would require the Assistant Secretary of Defense for Health
Affairs to establish a University Affiliated Research Center
and to partner with academic health centers to focus on
research to address the unique challenges of wounded
warriors.
The Senate bill contained no similar provision.
The House recedes.
Study on use of routine neuroimaging modalities in diagnosis,
treatment, and prevention of brain injury due to blast
pressure exposure during combat and training
The House amendment contained a provision (sec. 752) that
would require the Secretary of Defense to conduct a study on
the feasibility and effectiveness of the use of routine
neuroimaging modalities in diagnosis, treatment, and
prevention of brain injuries among servicemembers due to
blast pressure exposures during combat and training.
The Senate bill contained no similar provision.
The House recedes.
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
Subtitle A--Acquisition Policy and Management
Authority for continuous integration and delivery of software
applications and upgrades to embedded systems (sec. 800)
The Senate bill contained a provision (sec. 852) that would
require the Secretary of Defense to establish initial
guidance, not later than 180 days after the enactment of this
Act, authorizing the use of special pathways for the rapid
acquisition of software applications and upgrades that are
intended to be fielded within 1 year. These new pathways
would prioritize continuous integration and delivery of
working software in a secure manner and prioritize continuous
oversight from automated analytics.
The House amendment contained a similar provision (sec.
801).
The House recedes with amendments that would modify the
timeline for developing the guidance; allow for the use of
one or more
[[Page H9781]]
pathways; clarify that first fielding of capability for
operational use shall occur within one year of the date funds
are first obligated for software development; and direct a
report on use of the authority and recommendations for any
changes to statute by October 15, 2020.
The conferees commend the Under Secretary of Defense for
Acquisition and Sustainment's commitment to adopting the
recommendations of the Defense Innovation Board. The
conferees emphasize that the ability to deliver meaningful
capability for operational use within one year is
foundational to the establishment of this authority and
associated procedures. The conferees remind the Department
that delivery of increments of useful software capability no
less frequently than every six months is not only a best
practice for software-intensive systems but it has also been
a standing government-wide requirement for years. Overcoming
the Department's institutional and cultural resistance to
delivering in a year or less requires ruthless prioritization
of features, which hinges on more effective cooperation among
stakeholders. The conferees also believe that cost estimation
and assessment and program evaluation methods are critical to
well-informed program oversight, and note that, for software
initiatives, such approaches remain nascent. The conferees
therefore direct the Director, Cost Assessment and Program
Evaluation, in coordination with the Defense Digital Service
and the directors of developmental test and operational test
and evaluation, to incorporate lessons learned from the
implementation of sections 873 and 874 of the National
Defense Authorization Act for Fiscal Year 2018, and sections
215 and 869 of the National Defense Authorization Act for
Fiscal Year 2019 in the development of guidance and oversight
procedures for managing, estimating, and assessing software
programs. First, the conferees remind the Department of
flexibility already written into its directive and
instruction that the milestone decision authority and program
managers ``shall tailor program strategies and oversight,
including documentation of program information, acquisition
phases, the timing and scope of decision reviews, and
decision levels, to fit the particular conditions of that
program, consistent with applicable laws and regulations and
the time sensitivity of the capability need.'' Accordingly,
the conferees also remind the Department that the use of
source lines of code, or ``SLOC'', to estimate or to measure
productivity, is inadequate, inappropriate, and can be
detrimental in incentivizing bad code design. As such, the
conferees encourage the Department to implement the
recommendations on software metrics in the Defense Innovation
Board Software Acquisition and Practices Study. Finally, the
conferees request a briefing no later than March 30, 2020
from the Joint Staff on how the JCIDS process can be updated
to accommodate more flexibility given the iterative and ever-
changing nature of present-day acquisition of software.
Pilot program on intellectual property evaluation for
acquisition programs (sec. 801)
The Senate bill contained a provision (sec. 801) that would
permit the Secretary of Defense and the Secretaries of the
military departments to jointly carry out a pilot program to
assess mechanisms to evaluate intellectual property in
acquisition programs.
The House amendment contained a similar provision (sec.
861(b)).
The House recedes with an amendment which clarifies the
selection of programs and activities to be carried out under
the pilot.
Pilot program to use alpha contracting teams for complex
requirements (sec. 802)
The Senate bill contained a provision (sec. 802) that would
require the Secretary of Defense to establish a pilot program
to use third-party industry, academia, or not-for-profit
technical organizations as part of alpha contracting teams
for complex technical requirements for services.
The House amendment contained no similar provision.
The House recedes.
The conferees note that this construct revives in a modern
context the ``alpha contracting'' concept that is more than a
decade old. Further, it brings together all government
personnel involved in the functions that support acquisition
actions, to include contracting staff as well as technical
staff, operators, and cost personnel. This is intended to
ensure that technical requirements are appropriately valued
and that the most effective acquisition strategy to achieve
these requirements is identified.
Failure to provide other than certified cost or pricing data
upon request (sec. 803)
The House amendment contained a provision (sec. 803) that
would modify section 2306a of title 10, United States Code,
to revise the conditions under which the Department of
Defense requires offerors to provide certain data.
Specifically, in a case where the head of contracting
activity determines the Department is the only buyer of
certain commercial items, it introduces a new requirement
for those offerors to provide cost or pricing data.
Further, in a case where the Department of Defense is
determining whether a sole-source offeror's price is
reasonable, the provision would direct the Secretary of
Defense to require that offeror to provide other than
certified cost or pricing data. The provision would
further direct the Defense Contract Management Agency to
propose which commercial products require should-cost
analysis before award.
The House amendment contained a another provision (sec.
804) that would modify section 2306a(c) of title 10, United
States Code, and section 3504 of title 41, United States
Code, to give contracting officers, instead of the head of
the procuring activity, the discretion to request certified
cost or pricing data in cases where, although not required,
the contracting officer deems it necessary to determine price
reasonableness. The provision would further add commercial
items to the list of products where contracting officers may
request such data.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would combine the
two provisions, to instead modify section 2306a(d) of title
10, United States Code, to specify that offerors who do not
make a good faith effort to comply with a contracting
officer's reasonable requests for data other than certified
cost or pricing data are ineligible for award. The amendment
would also direct contracting officers, when determining
whether an offeror's price is fair and reasonable, to not
base that assessment solely on the historical prices paid by
the government. The amendment would further add a requirement
for the Under Secretary of Defense for Acquisition and
Sustainment to identify and report those offerors who denied
multiple such requests and nonetheless received awards, as
part of assessing whether to conduct should-cost analysis on
such products in the future.
Comptroller General report on price reasonableness (sec. 804)
The House amendment contained a provision (sec. 805) that
would require the Comptroller General of the United States to
submit a report not later than March 31, 2021, to the
congressional defense committees, the House Committee on
Oversight and Reform, and the Senate Committee on Homeland
Security and Governmental Affairs on the efforts of the
Department of Defense to obtain cost and pricing data for
sole source contracts for spare parts.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on transfer of funds related to cost overruns and
cost underruns (sec. 805)
The House amendment contained a provision (sec. 814) that
would repeal an annual requirement for the Secretary of each
military department to pay penalties for cost overruns on
major defense acquisition programs, which were then credited
to the Rapid Prototyping Fund.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would make the
repeal effective beginning in fiscal year 2020.
Standardizing data collection and reporting on use of source
selection procedures by Federal agencies (sec. 806)
The House amendment contained a provision (sec. 829) that
would amend section 813 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) and section 880
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) to repeal the
requirements for the Comptroller General of the United States
to provide annual reports on the government's use of lowest
price technically acceptable (LPTA) source selection
procedures. The provision would also require revising the
Federal Procurement Data System (FPDS) to capture more data
on the use of lowest price technically acceptable procedures.
The Senate bill contained no similar provision.
The Senate recedes.
Department of Defense use of fixed-price contracts (sec. 807)
The Senate bill contained a provision (sec. 806) that would
require the Under Secretary of Defense for Acquisition and
Sustainment to review how the Department of Defense uses
fixed-price contracts, including fixed-price incentive
contracts, to support acquisition objectives and brief the
congressional defense committees not later than February 1,
2020. The provision would further require the Comptroller
General of the United States to submit a report on the
Department's use of fixed-price contracts over time no later
than February 1, 2021. This provision would also delay the
implementation of regulations requiring the use of fixed-
price contracts for foreign military sales until after 2020.
The House amendment contained no similar provision.
The House recedes.
Repeal of continuation of data rights during challenges (sec.
808)
The House amendment contained a provision (sec. 812) that
would repeal section 866 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), pertaining to revisions of authority for the
government to use non-commercial technical data during a
period of challenge, in an agency Board of Contract Appeals,
or the U.S. Court of Federal Claims under certain
circumstances.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees understand that the Under Secretary of
Defense for Acquisition and
[[Page H9782]]
Sustainment is working with industry to address possible
policy modifications related to technical data rights and
their disposition during challenges. The conferees encourage
the Under Secretary of Defense for Acquisition and
Sustainment to continue these engagements and keep the
Congress informed of progress with respect to these matters.
Repeal of authority to waive acquisition laws to acquire
vital national security capabilities (sec. 809)
The House amendment contained a provision (sec. 813) that
would repeal section 806 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
which allowed the Secretary of Defense to waive any provision
of acquisition law or regulation in certain circumstances.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees note that the Department did not use the
waiver.
Repeal of the Defense Cost Accounting Standards Board (sec.
810)
The House amendment contained a provision (sec. 834) that
would repeal section 190 of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Modification of Director of Operational Test and Evaluation
report (sec. 815)
The Senate bill contained a provision (sec. 805) that would
amend section 139(h) of title 10, United States Code, to
require the Director of Operational Test and Evaluation to
solicit comments from the Secretaries of the military
departments for inclusion in the Director's annual report to
Congress, retaining the Director's discretion to issue the
report without comments if they are not timely. This
provision does not change or alter any Director of
Operational Test and Evaluation authorities.
The House amendment contained a similar provision (sec.
252) that would amend section 139(h) of title 10, United
States Code, to change the sunset date pertaining to the same
annual report.
The House recedes with an amendment that would extend the
sunset date through January 31, 2025.
Modification of written approval requirement for task and
delivery order single contract awards (sec. 816)
The Senate bill contained a provision (sec. 803) that would
amend section 2304a(d)(3) of title 10, United States Code, to
eliminate the requirement that single award task or delivery
order contracts over $100.0 million receive additional
approval when already authorized under one of the exceptions
to full and open competition.
The House amendment contained no similar provision.
The House recedes.
Responsibility for data analysis and requirements validation
for services contracts (sec. 817)
The House amendment contained a provision (sec. 825) that
would amend section 2329 of title 10, United States Code, to
specify that the Secretary of Defense act through the Under
Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation to annually collect data on
the amount contracted for services procured by the Department
of Defense, which would be included in the Future Years
Defense Program submitted to Congress.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
The conferees note that Senate Report 116-48 accompanying
S. 1790 directs the Secretary of Defense, in consultation
with the Chief Management Officer, the Under Secretary of
Defense for Acquisition and Sustainment, and the Secretaries
of the military departments, to identify updated approaches
for overseeing service contracts and address how these will
support the oversight, data analytics, and outcome measures
specified in section 2329 of title 10, United States Code.
The Senate Report further directs the Department to leverage
the expertise of the Chief Data Officer, to ensure that the
approaches identified align with and support the Department's
analytic capabilities. The conferees direct the Under
Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation to coordinate with the
parties identified as they carry out the efforts specified in
Senate Report 116-48.
Documentation of market research related to commercial item
determinations (sec. 818)
The Senate bill contained two provisions (sec. 809 and sec.
5802) that would amend section 2377(c) of title 10, United
States Code, and section 3307(d) of title 41, United States
Code, respectively, to require that market research for
commercial products and services be documented in a manner
appropriate to the size and complexity of the acquisition.
The House amendment contained no similar provision.
The House recedes.
Availability of data on the use of other transaction
authority and report on the use of authority to carry out
prototype projects (sec. 819)
The House amendment contained a provision (sec. 826) that
would amend section 2371b of title 10, United States Code, to
add a requirement for the Secretary of Defense to report
annually to the congressional defense committees on the use
other transaction authority.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would revise
section 873 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-323)
to extend the requirement to 2023 and require data on the use
of other transactions are accessible to any official
designated by the Secretary of Defense.
Notification of Navy procurement production disruptions (sec.
820)
The Senate bill contained a provision (sec. 861) that would
require the Secretary of the Navy to require prime
contractors of any Navy procurement program to report, within
15 calendar days of any contractor or subcontractor stop work
order or within 15 days of a contractor or subcontractor
manufacturing disruption that has lasted 15 calendar days, to
the respective program manager and Navy technical authority.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit such
notifications to programs procured with funds from the
Shipbuilding and Conversion, Navy and Other Procurement, Navy
accounts.
The conferees direct the Secretary to submit a report to
the congressional defense committees not later than 60 days
after the date of enactment of this Act that details the plan
to implement this provision as soon as possible.
Modification to acquisition authority of the Commander of the
United States Cyber Command (sec. 821)
The Senate bill contained a provision (sec. 862) that would
modify section 807 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92), which established
the acquisition authority of the Commander of U.S. Cyber
Command, to change the applicability of the annual limit to
new contract efforts.
The House amendment contained no similar provision.
The House recedes with a technical and clarifying
amendment.
Extension of Never Contract With the Enemy (sec. 822)
The Senate bill contained a provision (sec. 834) that would
extend the Never Contract With the Enemy program through 2023
and would provide for various expansions, including the
contracts covered and the authorities of the combatant
commands to mitigate threats posed by vendors supporting
operations outside the United States.
The House amendment contained no similar provision.
The House recedes with an amendment that maintains only the
program extension through 2023.
Modification of justification and approval requirement for
certain Department of Defense contracts (sec. 823)
The Senate bill contained a provision (sec. 842) that would
revise authorities relating to Department of Defense approval
of certain sole source awards to 8(a) firms, which include
tribes, Alaska Native, and Hawaiian firms. Specifically, the
threshold for requiring justification and approval would be
increased to $100.0 million and the approving authority would
be the head of procuring activity or a designee. The
provision would also require the Department to collect data
and the Comptroller General of the United States to report to
the congressional defense committees on the impact of the
provision.
The House amendment contained a similar provision (sec.
830).
The House recedes with an amendment that clarifies details
of the Comptroller General review.
Extension of sunset relating to Federal Data Center
Consolidation Initiative (sec. 824)
The House amendment contained a provision (sec. 895) that
would extend the sunset date of the Federal Data Center
Consolidation Initiative established in section 834 of the
Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291)
from October 1, 2020, to October 1, 2022.
The Senate bill contained no similar provision.
The Senate recedes.
Pilot program to accelerate contracting and pricing processes
(sec. 825)
The Senate bill contained a provision (sec. 807) that would
amend a pilot established in section 890 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232). That law authorized the Secretary
of Defense to reform and accelerate the contracting and
pricing processes for 10 programs on a pilot basis. The
amendment would remove the 10-program limitation and would
delay the program's sunset from January 2, 2021, to January
2, 2022.
The House amendment contained no similar provision.
The House recedes.
Uniformity in application of micro-purchase threshold to
certain task or delivery orders (sec. 826)
The House amendment contained a provision (sec. 899I) that
would amend section 4106(c) of title 41, United States Code,
to replace $2,500 with the micro-purchase threshold.
[[Page H9783]]
The Senate bill contained no similar provision.
The Senate recedes.
Requirement for cost estimates on models of commercial e-
commerce portal program (sec. 827)
The House amendment contained a provision (sec. 891) that
would direct the Administrator of General Services to
establish a five-year program to test each of the three
models of commercial e-commerce portals before awarding a
final contract to a provider.
The Senate bill contained no similar provision.
The Senate recedes with amendments that replace the
requirement for a five-year test program with a requirement
for cost estimates, and directs that the estimates be
submitted within a year after the first contracts are awarded
under the program.
In implementing this section, the conferees do not intend
to require the Administrator to provide independent
government cost estimates, but rather a range of potential
costs or a general order of magnitude for each model.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Modification of requirements for reporting to Congress on
certain acquisition programs (sec. 830)
The House amendment contained a provision (sec. 893) that
would exclude the selected acquisition reports required by
section 2432 of title 10, United States Code, from the
reports that will sunset under section 1080 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92). The provision would also require the Secretary of
Defense to propose an alternative for reporting the status of
major defense acquisition programs and other acquisition
activities that would include information on cybersecurity
tests, software development metrics, and quality metrics for
software.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
selected acquisition reports for any defense program
estimated to require a total expenditure of more than $300.0
million for research, development, test and evaluation or a
total expenditure of more than $1,800.0 million for
procurement through fiscal year 2021 and that would
clarify the requirement for the Secretary of Defense to
report on alternatives models and thresholds for
congressional reporting on acquisition programs.
Pilot program to streamline decision-making processes for
weapon systems (sec. 831)
The Senate bill contained a provision (sec. 808) that would
require the service acquisition executive for each military
department to recommend at least one major defense
acquisition program to participate in the pilot program to
streamline decision-making processes not later than February
1, 2020.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
The conferees direct the Under Secretary of Defense for
Acquisition and Sustainment to brief the congressional
defense committees not later than May 1, 2020, on the
acquisition programs selected for the pilot program, the
associated action plans and timelines for each program, and
the manner in which each program conforms to the required
elements of the pilot program.
Analysis of alternatives pursuant to materiel development
decisions (sec. 832)
The Senate bill contained a provision (sec. 5803) that
would require updated guidance for analyses of alternatives
conducted pursuant to a materiel development decision for a
major defense acquisition program, to include requiring that
studies are completed within nine months; establishing
procedures to waive this requirement on a case-by-case basis;
and reporting late studies or the use of the waiver to
congressional defense committees.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Under Secretary of Defense for Acquisition and Sustainment to
assess how the Department conducts analyses of alternatives.
Naval vessel certification required before Milestone B
approval (sec. 833)
The Senate bill contained a provision (sec. 821) that would
require a certification of compliance with section 8669b of
title 10, United States Code, for naval vessel programs prior
to Milestone B approval.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--Provisions Relating to the Acquisition System
Extramural acquisition innovation and research activities
(sec. 835)
The House amendment contained a provision (sec. 861(l))
that would amend chapter 97 of title 10, United States Code,
to establish an academic center for acquisition innovation at
the Naval Postgraduate School to provide decision-makers with
academic analyses and policy alternatives for innovating the
defense acquisition system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct the
Secretary of Defense to establish extramural acquisition
innovation and research activities to include an acquisition
research organization within a non-Federal civilian
university or college, to provide and maintain essential
research and development capabilities through a long-term,
strategic relationship with the Department of Defense.
Report on realignment of the defense acquisition system to
implement acquisition reforms (sec. 836)
The House amendment contained a provision (sec. 822) that
would direct the Secretary of Defense to provide a briefing
to the committee on lessons learned through the use of the
authority provided under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note)
commonly known as ``Middle-Tier of Acquisition,'' to include
certain risks and how the lessons are applicable to
procedures for acquiring major defense acquisition programs.
The Senate bill contained no similar provision.
The Senate recedes with amendments that instead require the
Secretary of Defense to report on ongoing efforts to realign
the whole Defense Acquisition System in response to recent
reforms--through changes to the 5000 series of directives,
instructions, guidance and procedures and to address certain
elements in the report.
The conferees appreciate the careful consideration the
Department is giving to implementing the acquisition reforms
legislated through these Acts over the last five years. In
doing so, the conferees note that the Department of Defense
can no longer afford to use cost, schedule, and performance
thresholds as simple proxies for risk when designating the
path an acquisition program travels through the Defense
Acquisition System, and in organizing how programs are
managed and overseen. Exclusive attention to cost, schedule,
and performance of major defense acquisition programs and
other development programs obscures a myriad of other risks
in programs large and small, any one of which could be single
points of failure for successful acquisition. Such risks
include: technical risks such as engineering, software,
manufacturing and testing; integration and interoperability
risks--complicated by the implications of systems working
across multiple domains while using machine learning and
artificial intelligence capabilities to continuously change
and optimize system performance; operations and sustainment
risks--mediated by access to technical data and intellectual
property rights; workforce and training risks--to include
consideration of the role of contractors as part of the total
workforce; and supply chain risks--to include cybersecurity,
foreign control and ownership of key elements of supply
chains, and the consequences a fragile and weakening defense
industrial base, combined with barriers to industrial
cooperation with allies and partners pose for delivering
systems and technologies in a trusted and assured manner.
Finally, the Secretary's report under this section should
look ahead to consider the implications of these changes for
the acquisition of non-developmental items and the
implications of the shift in acquisition of capabilities
through development, to acquisition of capabilities ``as-a-
service''.
Based on the Secretary's report under this section, and
given the important role of the Comptroller General's annual
weapons assessment in enabling the congressional defense
committees' detailed oversight of the Defense Acquisition
System, the conferees also direct the Comptroller General of
the United States to brief the committees on how the
Department's efforts are informing the refresh of that annual
report as directed under section 803 of the National Defense
Authorization Act for Fiscal Year 2019.
Report and limitation on the availability of funds relating
to the ``middle tier'' of acquisition programs (sec. 837)
The House amendment contained a provision (sec. 821) that
would amend section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to direct the
Secretary of Defense to ensure 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 have access to certain data on
acquisitions carried out under the authority, and would limit
use of the authority to programs below the major defense
acquisition threshold unless the Secretary were to issue a
waiver. The House amendment also contained a provision (sec.
861(f)) that would direct the Secretary to submit a report
that would include the guidance required by section 804 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and, would limit the Department's ability
to obligate or expend funds on Middle Tier programs until
that report is submitted.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
provision amending section 804, and, relating to the report
and guidance, would expand the limitation of funds beyond
acquisition programs, to the organizations which are parties
to the disagreements that are preventing the guidance from
being finalized.
The conferees believe the difficulty the Department has
faced in reaching agreement illustrates the tension of
balancing empowered execution by the Services with
appropriate oversight by the Director of Cost Assessment and
Program Evaluation, the Director of Operational Test and
Evaluation,
[[Page H9784]]
and the Under Secretaries of Defense for Research and
Engineering and for Acquisition and Sustainment, as well as
Congressional oversight. To address the latter, the conferees
direct the Defense Acquisition Executive and the Service
Acquisition Executives to notify the congressional defense
committees within 30 days of a decision to designate a
program to use the authority provided for under section 804
of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92). The conferees note the inability of
the parties to reach agreement on the use of this authority
threatens the momentum of the very initiatives that would
most benefit from it. The conferees encourage the parties to
focus immediately on the most critical issues, bring them to
resolution, and publish the guidance required by section 804.
Report on intellectual property policy and the cadre of
intellectual property experts (sec. 838)
The House amendment contained a provision (sec. 861(d))
that would amend section 802 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1450) by requiring the Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, to submit a report on activities to
implement section 2322 of title 10, United States Code, to
include the composition and plans for the cadre, and the
policy on the acquisition or licensing of intellectual
property required. The provision would also limit the
funds the Department may obligate or expend until the
report is submitted.
The Senate bill contained no similar provision.
The Senate recedes with a an amendment that would require
that the report include a description of the specific
activities performed, and the programs and efforts supported
by, the cadre of intellectual property experts and would
change the Department of Defense offices subject to
limitation of funds.
Guidance and reports relating to covered defense business
systems (sec. 839)
The House amendment contained a provision (sec. 861(a))
that would amend section 2222(d) of title 10, United States
Code, to require that guidance developed by the Department of
Defense for defense business systems includes policies to
ensure compliance with auditability requirements and
approvals. The provision would also establish due dates to
provide guidance related to covered defense business systems,
as well as due dates to provide the Department's information
technology enterprise architecture and related integration
plans and schedules. The provision would also limit the
availability of funds until such guidance, architecture and
plans are provided.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove the
limitation on funds and combine the reporting requirements
for the information technology enterprise architecture.
Implementation guidance for use of a modular open system
approach (sec. 840)
The House amendment contained a provision (sec. 861(c))
that would require the Secretary of Defense, acting through
the Director of Cost Assessment and Performance Evaluation,
to submit to the congressional defense committees a report
that includes the study guidance required under section
2446b(b) of title 10, United States Code, and would limit
funding available if the report is not provided by the end of
2019. The provision would also modify section 2446c of title
10, United States Code, to require a policy on the support
for the acquisition for modular open system approaches
(MOSA).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would instead
modify section 2446b of title 10, United States Code, to
direct the Secretaries of the military departments to develop
implementing guidance for the requirements to address MOSA,
and as well would amend section 2446c of title 10, United
States Code, to direct the Secretaries of the military
departments to develop policies relating to the availability
of major system interfaces and support for MOSA.
The conferees note the importance of policies in
implementing MOSA to the fullest extent. Therefore, the
conferees direct the Secretaries of the military departments
to submit a report to the congressional defense committee by
March 15, 2020, that includes the implementation guidance
required under section 2446b of title 10 and section 2446c of
title 10. Furthermore, the conferees note that MOSA should go
beyond the ability to exchange information broadly through
the adoption of standards. Therefore, the conferees direct
the Secretaries of the military departments to include in
their policy a description of the goals and anticipated
benefits of MOSA, with respect to maintaining and enhancing
competition across the life-cycle of systems and programs;
enabling systems to be more easily upgraded over their
lifetimes; more easily modifying or replacing components and
modules without the risk of adversely affecting software or
the functioning of other components and modules; achieving
interoperability among a wide range of systems, and thereby
enabling the creation of novel cross-domain and cross-service
kill chains.
Limitation on availability of funds for the Office of the
Chief Management Officer of the Department of Defense
(sec. 841)
The House amendment contained a provision (sec. 861(e))
that would limit the fiscal year 2020 funds that may be
obligated or expended for the Office of the Chief Management
Officer of the Department of Defense until the date on which
the Chief Management Officer submits either a certification
of cost savings or the notice and justification described in
Section 921(b)(5) of the National Defense Authorization Act
for Fiscal Year 2019.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle E--Industrial Base Matters
Modernization of acquisition processes to ensure integrity of
industrial base (sec. 845)
The Senate bill contained a provision (sec. 831) that would
require the Secretary of Defense to modernize mitigation of
risks to the integrity of the supply chain, to include those
cited in recent studies on the defense industrial base.
The House amendment contained similar provisions (secs.
853, 855, and 892).
The House recedes with amendments that would establish the
requirement for the framework in statute under section 2506
of title 10, United States Code; add certain systems to a
list of those being assessed; and provide further detail on
phased implementation and reporting on the framework.
The conferees note that contracting is the mechanism by
which the Department of Defense operationalizes its
relationship with the defense industrial base/national
security innovation base. The conferees further note that the
Department's ability to maintain awareness of the sources of
procured items or materials, including the degree to which
the sources are foreign or domestic, are critical elements
for understanding supply chain risks. This is particularly
the case for items used in critical programs such as major
defense acquisition programs. The conferees believe that
certain risks to the defense industrial base are not being
appropriately considered. These include but are not limited
to risks associated with: insufficient insight into ownership
structures, fragile sources of supply, and cybersecurity
concerns, as well as contractors' violations of law
pertaining to fraud, human trafficking, and worker health and
safety. The conferees further note that, even where risks may
be a high priority, the existing acquisition processes and
procedures are not effective or timely in mitigating such
risks. As such, the provision would require the Department to
rigorously optimize the policy, processes, and procedures
throughout the contracting life cycle, beginning with market
research, responsibility determination, technical evaluation/
award, mobilization, contract administration, contract
management and oversight (to include contractor business
systems reviews), and contract audit for closeout. It is
critical that this optimization incorporate modern sources of
data and methods to conduct appropriate and continuous risk
assessment for contractors doing business with DOD. The
provision would also require the Comptroller General of the
United States to coordinate individual reviews in these risk
areas, report on them collectively, and begin annual reviews
of the Department's progress in this area.
Report requirements for the national technology and
industrial base (sec. 846)
The House amendment contained a provision (sec. 861(k))
that would amend section 2501(a) of title 10, United States
Code, to establish a deadline for the Secretary of Defense to
submit an already-required strategy to Congress after the
submission of the national security strategy report required
under section 108 of the National Security Act of 1947. The
provision would also modify section 2504(3) of title 10,
United States Code, to require that the Department's annual
report to Congress on the national technology and industrial
base include a prioritized list of gaps and vulnerabilities
within the base.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that clarifies
requirements for the annual report to Congress, and that adds
a requirement to submit unfunded priorities for the national
technology and industrial base, ten days after the annual
budget is submitted to Congress.
The conferees note that the national security strategy
developed by the United States for the national technology
and industrial base should leverage an analytical framework
that uses digital tools, technologies, and approaches to
inform decision-makers.
Mitigating risks related to foreign ownership, control, or
influence of Department of Defense contractors or
subcontractors (sec. 847)
The Senate bill contained a provision (sec. 833) that would
require the Secretary of Defense to amend policy and
regulation to take steps to enhance the process for assessing
and mitigating risks related to foreign ownership, control,
or influence (FOCI).
The House amendment contained no similar provision.
The House recedes with technical and clarifying amendments.
The conferees are concerned by the growing threat to the
integrity of the defense industrial base from strategic
competitors, like the Russian Federation, the People's
Republic of China, and their proxies, seeking to gain access
to sensitive defense information or technology through
contractors or subcontractors. The conferees recognize that
[[Page H9785]]
there are existing efforts underway to understand and
mitigate some of these risks as directed by several pilot
programs including section 1048 of the National Defense
Authorization Act for Fiscal Year 2019 and section 1969 of
the National Defense Authorization Act for Fiscal Year 2018.
The conferees also recognize that the Defense
Counterintelligence and Security Agency (DCSA) has
transitioned to a new mission and has taken on additional
responsibilities despite resource constraints. However, the
acquisition community must have greater visibility into all
cleared and uncleared potential contractors and
subcontractors seeking to do business with the Department.
The Department must ensure that contractors and
subcontractors do not pose a risk to the security of
sensitive data, systems, or processes such as personally
identifiable information, cybersecurity, or national
security systems.
Prohibition on operation or procurement of foreign-made
unmanned aircraft systems (sec. 848)
The Senate bill contained a provision (sec. 863) that would
prohibit the operation or procurement of foreign-made
unmanned aircraft systems by the Department of Defense. The
House amendment contained a similar provision (sec. 854, as
amended by sec. 899D) that would prohibit the Secretary of
Defense from operating or entering into a contract for the
procurement of certain unmanned aircraft systems.
The House recedes.
Additionally, the conferees encourage the Secretary of
Defense to take such action as necessary to strengthen the
domestic production of small unmanned aircraft systems (as
defined in section 331 of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95; 49 U.S.C. 44802 note)), as
described under Presidential Determination No. 2019-13 of
June 10, 2019.
Modification of prohibition on acquisition of sensitive
materials from non-allied foreign nations (sec. 849)
The Senate bill contained a provision (sec. 1411) that
would include tantalum in the definition of covered
materials. Additionally, the provision would expand the
National Defense Stockpile Manager's authority to not sell a
material if it is determined to not be in the national
interests of the United States.
The House amendment contained a similar provision (sec.
808).
The House recedes with a technical amendment.
Acquisition and disposal of certain rare earth materials
(sec. 850)
The Senate bill contained a provision (sec. 6401) that
would require the Secretary of Defense, acting through the
Defense Logistics Agency, to submit a report assessing issues
relating to the supply chain for rare earth materials.
The House amendment contained a similar provision (sec.
807) that would require the Department of Defense to
promulgate
guidance on streamlined acquisition of items with rare earth
materials and allows exceptions to the Joint Capabilities
Integration and Development System Manual and Department of
Defense Directive 5000.01. The provision would also provide
authority for the disposal of tungsten ores and concentrates
contained in the National Defense Stockpile and acquisition
of other critical materials.
The Senate recedes with an amendment that would remove the
requirement to establish guidance on streamlined acquisition
of covered rare earth materials and would include an
assessment of rare earth supply chain issues.
Pilot program for development of technology-enhanced
capabilities with partnership intermediaries (sec. 851)
The House amendment contained a provision (sec. 879) that
would authorize the Commander of U.S. Special Operations
Command to use not more than 5 percent of funds required to
be expended by the Department of Defense relating to small
businesses for a pilot program to increase participation by
small business concerns in the development of technology-
enhanced capabilities for special operations forces. The
authority would terminate on September 30, 2021.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would revise the
authority of the Commander of the United States Special
Operations Command to use the greater of $2.0 million or 5
percent of funds required to be expended by the Department of
Defense relating to small businesses for the pilot program
and limits the scope to contracts and agreements to small
business concerns.
Authorized official to carry out the procurement technical
assistance cooperative agreement program (sec. 852)
The Senate bill contained a provision (sec. 902) that would
move the management and oversight of the Procurement
Technical Assistance Cooperative (PTAC) Agreement Program
from the Defense Logistics Agency to the Office of the Under
Secretary of Defense for Acquisition and Sustainment.
The House amendment contained a similar provision (sec.
880).
The Senate recedes with a clarifying amendment.
Requirement that certain ship components be manufactured in
the national technology and industrial base (sec. 853)
The House amendment contained a provision (sec. 806) that
would amend section 2534 of title 10, United States Code, and
would require certain auxiliary ship components to be
procured from a manufacturer in the national technology and
industrial base.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
large medium speed diesel engines for certain auxiliary ships
to be procured from a manufacturer in the national technology
and industrial base.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
60 days after the date of enactment of this Act that details
the plan to implement section 844 of the John S. McCain
National Defense Authorization Act (Public Law 115-232) as
soon as possible.
Addition of domestically produced stainless steel flatware
and dinnerware to the Berry Amendment (sec. 854)
The House amendment contained a provision (sec. 815) that
would amend section 2533a(b) of title 10, United States Code,
to add dinnerware and stainless steel flatware as covered
items, requiring that the Department of Defense procure them
only from domestic sources.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would set the
addition to expire at the end of fiscal year 2023, and
meanwhile require the Secretary of Defense to assess the
rationale and implications of limiting procurement of these
items to domestic sources.
Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program (sec.
855)
The House amendment contained a provision (sec. 809) that
would amend the application of miscellaneous technology base
policies and programs to the Columbia-class submarine
program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate Program (sec. 856)
The House amendment contained a provision (sec. 810) that
would allow funds authorized for the FFG-Frigate program to
be used to award a contract that does not domestically source
propulsion or certain auxiliary equipment.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress regarding consideration of price in
procurement of the FFG(X) frigate (sec. 857)
The House amendment contained a provision (sec. 811) that
would require the Secretary of the Navy to ensure cost is a
critical factor in the procurement of the FFG(X) Frigate.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would express the
sense of Congress that in evaluating proposals for a contract
to procure a FFG(X) frigate in fiscal year 2020, the
Secretary of the Navy should ensure price is a critical
factor.
Subtitle F--Provisions Relating to Acquisition Workforce
Establishment of Defense Civilian Training Corps (sec. 860)
The House amendment contained a provision (sec. 861) that
would amend part III of subtitle A of title 10, United States
Code, to establish a Defense Civilian Acquisition Training
Corps.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to create a Defense Civilian Training
Corps to prepare selected students for civilian service in
the Department of Defense in occupations related to
acquisition, science, engineering, or other occupations
determined by the Secretary of Defense.
Defense acquisition workforce certification, education, and
career fields (sec. 861)
The House amendment contained a provision (sec. 861) that
would amend several sections of chapter 87, of title 10,
United States Code, to modify how the defense acquisition
workforce is managed, trained, and selected. The provision
would also require the Defense Acquisition University to have
at least 25 percent of its civilian instructors be visiting
professors from civilian colleges or universities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Defense Acquisition University to employ at least five
visiting professors by September 1st, 2021.
Software development and software acquisition training and
management programs (sec. 862)
The House amendment contained a provision (sec. 802) that
would direct the Secretary of Defense to implement software
development and acquisition training and management programs
for all software acquisition professionals, developers, and
associated functions to provide software practitioners access
to modern engagement and collaboration platforms to connect,
share their skills and knowledge, and develop solutions
leveraging the full defense enterprise.
[[Page H9786]]
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Modification of temporary assignments of Department of
Defense employees to a private-sector organization (sec.
863)
The House amendment contained a provision (sec. 842) that
would create a two-way exchange program between the
Department of Defense acquisition workforce and private
sector companies.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
existing public-private talent exchange program authorized by
section 1599g of title 10, United States Code. The amendment
would clarify that private-sector organizations shall not be
considered to have an organizational conflict of interest
with the Department of Defense solely based on participation
in the talent exchange. The amendment would also authorize
the use of the Defense Acquisition Workforce Development Fund
in connection with the talent exchange program.
Incentives and consideration for qualified training programs
(sec. 864)
The House amendment contained a provision (sec. 843) that
would amend chapter 141 of title 10, United States Code, by
adding a new section to incentivize contractors to invest in
workforce development programs to address the workforce needs
of the Department of Defense, as determined by the Secretary.
This section would also require the Secretary of Defense to
include an evaluation of contractor workforce development
programs in the contract past performance system.
The Senate bill contained no similar provision.
The Senate recedes.
Use of qualified apprentices by military construction
contractors (sec. 865)
The House amendment contained a provision (sec. 844) that
would require the Secretary of Defense to revise the Defense
Supplement to the Federal Acquisition Regulation to require a
system be used to monitor or record contractor past
performance of the contractor making a good faith effort to
meet or exceed the apprenticeship employment goal of 20
percent. This section would also require the Secretary of
Defense to develop an apprenticeship workforce incentive
program to encourage contractors to meet the 20 percent goal
of employing certified and skilled workers who have completed
State-mandated, federally funded programs in the relative
career fields and certify to good faith effort to achieve the
goal. This section would also require the Secretary of
Defense to include an evaluation of whether the contractor
meets this goal in the contractor past performance rating
system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense to also consider certain high-quality
industry recognized apprenticeship programs when evaluating
contractor performance.
The conferees note that the Department of Labor has issued
a proposed rule that would establish a process for
recognizing Standards Recognition Entities, which will in
turn recognize Industry-Recognized Apprenticeship Programs.
The conferees encourage the Secretary of Defense to work with
the Department of Labor as the proposed rule takes effect to
ensure any apprenticeship programs recognized by the
Department of Defense are of sufficient quality.
Subtitle G--Small Business Matters
Requirements relating to credit for certain small business
concern subcontractors (sec. 870)
The House amendment contained a provision (sec. 873) that
would amend section 8(d) of the Small Business Act (15 U.S.C.
637) to clarify that large prime contractors have the ability
to receive subcontracting credit for small businesses at
lower tiers; strengthen the agency's ability to collect and
review data regarding prime contractors' achievement of their
subcontracting plans; require the prime contractor to keep
and maintain records to demonstrate subcontracting credit
claimed; and implement a new dispute process allowing small
subcontractors to bring nonpayment issues to the agency small
business advocate.
The Senate bill contained no similar provision.
The Senate recedes with amendment that would remove the new
dispute process for nonpayment issues.
Inclusion of best in class designations in annual report on
small business goals (sec. 871)
The House amendment contained a provision (sec. 874) that
would amend section 15(h) of the Small Business Act (15
U.S.C. 644(h)) to require the Small Business Administration
(SBA) to report Federal spending made through designated
``best in class'' vehicles, and to report on the dollars
awarded through these vehicles to small businesses.
Additionally, this section would require the SBA to report
the dollar amount of contracts awarded to HUBZone, women-
owned, service-disabled veteran-owned, and socially and
economically disadvantaged (also known as 8(a)) small
businesses.
The Senate bill contained no similar provision.
The Senate recedes.
Reauthorization and improvement of Department of Defense
Mentor-Protege Program (sec. 872)
The Senate bill contained a provision (sec. 841) that would
amend Section 831 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302
note) to make the Department of Defense's pilot Mentor-
Protege Program permanent and to require that the
Department's Office of Small Business Programs establish
performance goals and outcome-based metrics for the program.
The provision would also direct the Secretary of Defense to
direct the Defense Business Board to study the effectiveness
of the program and make recommendations for program
improvements. Further, the provision would repeal the
Department's half-size standard restriction for protege
participants.
The House amendment contained a similar provision.
The Senate recedes with amendments that would extend the
pilot program by authorizing new agreements through the end
of fiscal year 2024, but limiting them to two years, and
would permit reimbursements and subcontracting credits
associated with such agreements through fiscal year 2026.
Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act
(sec. 873)
The House amendment contained a provision (sec. 883) that
would amend section 3903(a) of title 31, United States Code,
to accelerate, to the fullest extent permitted by law, the
payment date for prime contractors that are small business
concerns or that subcontract with small business concerns,
with a goal of 15 days.
The Senate bill contained no similar provision.
The Senate recedes.
Postaward explanations for unsuccessful offerors for certain
contracts (sec. 874)
The House amendment contained a provision (sec. 884) that
would revise the Federal Acquisition Regulation to require
that contracting officers provide a brief explanation to
unsuccessful offerors, if requested, for task or delivery
orders in an amount greater than the simplified acquisition
threshold and less than or equal to $5.5 million issued under
an indefinite delivery-indefinite quantity contract.
The Senate bill contained no similar provision.
The Senate recedes.
Small business contracting credit for subcontractors that are
Puerto Rico businesses or covered territory businesses
(sec. 875)
The House amendment contained two provisions (secs. 888 and
889) that would amend section 15(x) of the Small Business Act
(15 U.S.C 644(x)). Section 888 would allow agencies to double
the value of subcontracts to Puerto Rico businesses when
determining agency compliance with small business contracting
goals. Section 889 would allow agencies to double the value
of contracts awarded to small business concerns that have
their principal office located in the United States Virgin
Islands, American Samoa, Guam, or the Northern Mariana
Islands, when determining agency compliance with small
business contracting goals.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that combines the two
provisions.
Technical amendment regarding treatment of certain surviving
spouses under the definition of small business concern
owned and controlled by service-disabled veterans (sec.
876)
The conference agreement includes a provision that would
amend section 632 of title 15, United States Code, to
clarify the treatment of certain surviving spouses under
the definition of small business concerns owned and
controlled by service-disabled veterans.
Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond
periods of military conflict (sec. 877)
The conference agreement includes a provision that would
amend section 636 of title 15, United States Code, by
extending the loan assistance and deferral eligibility to
military reservists beyond periods of military conflict. The
provision would also require the President of the United
States to submit to the Committee on Small Business and
Entrepreneurship and the Committee on Appropriations of the
Senate and the Committee on Small Business and the Committee
on Appropriations of the House of Representatives a semi-
annual report on the number of loans made under the Military
Reservist Economic Injury Disaster Loan program and the
dollar volume of those loans.
Modification to the Defense Research and Development Rapid
Innovation Program (sec. 878)
The House amendment contained a provision (sec. 878(e))
that would amend section 2359a(b)(3) of title 10, United
States Code, to increase the maximum per award threshold for
projects participating in the Defense Research and
Development Rapid Innovation Program from $3.0 million per
award to $6.0 million per award, and would direct the
Secretary of Defense to report on activities under the
program, to include summarizing the proposals received, and
associated Small Business Innovation Research (SBIR) program
activities, and overall program effectiveness.
[[Page H9787]]
The Senate bill contained no similar provision.
The Senate recedes with amendments that would reemphasize
the preference under the program for awarding to small
business concerns overall, as well as the prioritization of
such small business concerns; and would limit the total
amount of awards under the program within a fiscal year to no
more than 25 percent of the total available for that fiscal
year.
Alignment of the Department of Defense Small Business
Innovation Research Program and Small Business Technology
Transfer Program with the National Defense Science and
Technology Strategy (sec. 879)
The House amendment contained a provision (sec. 878(a))
that would direct the Secretary of Defense and the
Secretaries of the military departments to align the research
topics selected for activities conducted under the Small
Business Innovation Research (SBIR) and Small Business
Technology Transfer (STTR) Programs with the National Defense
Science and Technology Strategy, and would amend title 15,
United States Code, to refer to this strategy to guide the
prioritization of the Department's activities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove the
amendment to title 15, United States Code.
Assistance for small business concerns participating in the
SBIR and STTR programs (sec. 880)
The House amendment contained a provision (sec. 882) that
would amend the Small Business Act (15 U.S.C. 638) to help
small business concerns participating in the Small Business
Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) programs. The provision would, among other
things, require procurement center representatives and the
appropriate Director of Small and Disadvantaged Business
Utilization to assist participating small business concerns
with researching solicitations and providing technical
assistance to bid for federal contracts. The provision would
also direct agency senior procurement executives, where
appropriate, to assist small business concerns with
commercializing research developed under SBIR or SBTT before
awarding federal agency contracts.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
procurement center representatives to consult with
appropriate agency personnel to assist small business
concerns in the SBIR program and STTR program, particularly
in Phase III, and to provide technical assistance to submit a
bid for an award of a federal contract.
Cybersecurity technical assistance under the SBIR and STTR
programs (sec. 881)
The House amendment contained a provision (sec. 878(c))
that would permit the Secretary of Defense to enter into an
agreement with one or more vendors to provide cybersecurity
technical assistance to small business concerns engaged in
Small Business Innovation Research (SBIR) or Small Business
Technology Transfer (STTR) projects.
The Senate bill contained no similar provision.
The Senate recedes.
Funding for defense research activities of small business
concerns (sec. 882)
The House amendment contained a provision (sec. 878(g))
that would amend section 9(f) of the Small Business Act (15
U.S.C. 638(f)) to increase the required expenditure amounts
for the Department of Defense from 3.2 percent to 4.0
percent, starting in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would instead
direct the Secretary of Defense to report on any assistance
to small business concerns in fiscal years 2017 through 2019
under the Small Business Innovation Research and Small
Business Technology Transfer programs, and any other
research, development, test, and evaluation programs.
Modifications to budget display requirements for the
Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program
(sec. 883)
The House amendment contained a provision (sec. 887) that
would amend section 857 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1891) to revise budget display
requirements for the Department of Defense Small Business
Innovation Research (SBIR) Program and Small Business
Technology Transfer (STTR) Program.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees' aim is to allow visibility into the SBIR/
STTR effort to better support the program, and to support the
alignment of each military services' SBIR/STTR program under
the Service Secretary's strategic vision for their budget.
Pilot program for domestic investment under the SBIR program
(sec. 884)
The House amendment contained a provision (sec. 878(b))
that would express a sense of congress encouraging the
Administrator of the Small Business Administration to
promulgate regulations implementing existing authority under
title 15, United States Code, that permits small business
concerns that are majority-owned by multiple venture capital
operating companies, hedge funds, or private equity firms to
participate in the Small Business Innovation Research (SBIR)
program. The provision would further direct the Secretary of
Defense to establish a pilot program to exercise this
authority and make SBIR awards to such business concerns up
to 10 percent of the Department's annual SBIR allocation and
would exempt the Department from the requirement for written
determinations in advance of such awards. The provision would
also direct the Secretary of Defense to include information
about the activities under the pilot program in the annual
report on the SBIR program.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would eliminate the
sense of congress; limit the Department of Defense exemption
from the written determination to only those small business
concerns meeting certain requirements related to foreign
ownership; further expand the information provided in the
SBIR annual report; and add a requirement for the Secretary
of Defense to notify the Administrator of the Small Business
Administration 30 days following an award.
Subtitle H--Other Matters
Review of guidance to contractors on nondiscrimination on the
basis of sex (sec. 885)
The House amendment contained a provision (sec. 899C) that
would direct a revision to the Defense Federal Acquisition
Regulation Supplement to allow contracts only with entities
that have employee policies penalizing instances of sexual
harassment, and would direct the Secretary of Defense to
initiate a debarment proceeding for entities seeking
contracts with the Department of Defense who do not have such
policies.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Under Secretary of Defense for Acquisition and Sustainment to
review the implementation of the requirement under Executive
Order 11246 relating to the expectations of contractors to
ensure nondiscrimination on the basis of sex, to include
sexual harassment, and to update any relevant training
guidance based on this review.
The conferees note that the appendix to Part 60-20 of Title
41, Code of Federal Regulations outlines best practices and
procedures for contractors pertaining to the environment
contractors should foster with regard to sexual harassment,
which includes communicating that harassing conduct will not
be tolerated, providing anti-harassment training, and
establishing and implementing procedures for complaints about
harassment and intimidation based on sex. The conferees
believe the Department should strongly encourage contractors
to incorporate such best practices and procedures.
Comptroller General report on contractor violations of
certain labor laws (sec. 886)
The House amendment contained a provision (sec. 899F) that
would require the Comptroller General of the United States to
deliver a report to the Congress on the number of Department
of Defense contractors who have been found by the Department
of Labor to have committed violation of the Occupational
Safety and Health Act of 1970 (Public Law 91-596) or the Fair
Labor Standards Act of 1938 (Public Law 75-718).
The Senate bill contained no similar provision.
The Senate recedes.
Comptroller General report on contingency contracting (sec.
887)
The House amendment contained a provision (sec. 899G) that
would reauthorize the Commission on Wartime Contracting
established under Section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 230) and amend the Commission's duties to include
studying federal agency contracting funded by overseas
contingency operations funds.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct the
Comptroller General of the United States to report on the
implementation of the recommendations made by the Commission
and the use of contractors to perform work supporting
contingency operations since January 1, 2009, and not include
the reauthorization of the Commission on Wartime Contracting.
Policies and procedures for contractors to report gross
violations of internationally recognized human rights
(sec. 888)
The House amendment contained a provision (sec. 899K) that
would require that contractors performing Department of
Defense contracts in a foreign country report possible cases
of gross violations of internationally recognized human
rights and that the Secretary of Defense submit a report to
congressional committees describing the policies and
procedures in place to obtain information about such
violations and the resources needed to investigate.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Department to update its policies, guidance, and regulations
to include specific guidance for both Department of Defense
employees and contractors for monitoring and reporting
alleged violations, and clarify its applicability to
contractors performing outside the United States.
[[Page H9788]]
Comptroller General report on oversight of contractors
providing private security functions (sec. 889)
The House amendment contained a provision (sec. 899L) that
would direct the Inspector General of the Department of
Defense to report on certain contracts for private security
performed in contingency operations since 2001, to include
data on costs, locations, civilians killed or wounded while
performing the work, and disciplinary actions taken against
the contractors.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would re-direct
the study to the Comptroller General of the United States,
and realign the substance of the review to evaluate
Department of Defense's efforts to improve its oversight of
contractors providing private security functions since 2009,
to include how it has implemented certain new industry-wide
law, policy, regulation, standards, and guidance.
The conferees note the significant changes that have
occurred in the private security sector since certain reforms
were initiated following the final report and recommendations
of the Commission on Wartime Contracting in 2011.
Prohibition on contracting with persons that have business
operations with the Maduro regime (sec. 890)
The Senate bill contained a provision (sec. 864) that would
prohibit the Department of Defense from entering into a
contract with any person or entity 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.
The House amendment contained a similar provision (sec.
897).
The Senate recedes.
Report on the Combating Trafficking in Persons initiative
(sec. 891)
The Senate bill contained a provision (sec. 865) that would
direct the Comptroller General of the United States to report
on the Department of Defense's efforts to combat trafficking
in persons through procurement practices.
The House amendment contained a similar provision (sec.
1080A) that would require the Department of Defense to submit
a report to the congressional defense committees containing
an analysis of the Department's progress in implementing the
Combating Trafficking in Persons Initiative.
The House recedes with an amendment that would direct the
Secretary of Defense to analyze the Department's progress in
implementing the Combating Trafficking in Persons initiative
described in DOD Instruction 2200.01.
Noting that the Department's report will provide further
information on the implementation of this program, the
conferees direct the Comptroller General of the United States
to submit a report to the congressional defense committees on
the Department of Defense's overall efforts to combat human
trafficking not later than January 31, 2021. The required
report shall evaluate (1) the processes and procedures to
combat human trafficking in the Department's contracting and
supply chain policy, regulation, and practices, to include
the implementation of title 27 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239)
and Executive Order 13627, as well as the nature and extent
of training for contracting officers on how to evaluate
compliance plans, monitor contractor adherence to the plans,
and respond to reports of noncompliance; (2) the progress of
the current trafficking in persons office within the
Department of Defense in leading the Department to address
all forms of human trafficking, the efficacy of such office
in identifying, tracking, and managing any and all
trafficking in persons cases, and what, if any, improvements
should be made to the office; (3) the process used by
contracting officers to evaluate compliance plans with
regards to preventing human trafficking and a description of
the remedies imposed by contracting officers in cases where
an allegation of human trafficking has been substantiated;
and (4) the process for reporting instances of human
trafficking to the Inspector General of the Department of
Defense and the disposition of those cases.
Improved management of information technology and cyberspace
investments (sec. 892)
The Senate bill contained a provision (sec. 851) that would
require the Department of Defense Chief Information Officer
(CIO) to work with the Chief Data Officer to optimize the
Department's process to account for, manage, and report its
information technology and cyberspace investments and would
require the CIO to brief the congressional defense committees
and to recommend any necessary legislative changes to the
committees not later than February 3, 2020.
The House amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense's process
to account for, manage, and report its information technology
and cyberspace investments--which account for at least $50.0
billion annually--is inefficient. Further, the conferees are
concerned that this process results in unnecessary delays in
preparing the annual budget exhibit and in regulatory
reporting required by the Federal Information Technology
Acquisition Reform Act of 2015, incorporated into the Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291). After years of
legislation and regulation, the definitions pertaining to and
the methods for grouping and accounting for spending on these
investments have become cumbersome and obscure, and they
hinder, rather than facilitating, insight into and oversight
of spending plans and portfolio management. The briefing
provided to the committees should include alternative methods
for presenting budget justification materials to the public
and congressional staff to more accurately communicate when,
how, and with what frequency capabilities are delivered to
end-users, in accordance with best practices for managing and
reporting on information technology investments.
Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts
(sec. 893)
The House amendment contained a provision (sec. 899B) that
would amend section 877 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 41 U.S.C. 3302 note) to extend the termination date
for the exemption for commercial leasing services provision
from 2022 to 2025 and change the reporting date of the
Comptroller General of the United States audit to every five
years.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would repeal
section 877 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 and would amend
section 3302 of title 41, United States Code, to add the
exemption for commercial leasing services as a new
subsection.
Legislative Provisions Not Adopted
Modification to small purchase threshold exception to
sourcing requirements for certain articles
The Senate bill contained a provision (sec. 810) that would
lower the threshold at which the Department of Defense must
comply with the rules of section 2533a of title 10, United
States Code, known as the Berry Amendment, to $150,000.
The House amendment contained no similar provision.
The Senate recedes.
Rates for progress payments or performance-based payments
The House amendment contained a provision (sec. 823) that
would require the Secretary of Defense to provide
congressional defense committees with a notice of
determination and to notify the public through the Federal
Register before initiating changes to contract finance rates
for progress payments or performance-based payments.
The Senate bill contained no similar provision.
The House recedes.
Additional requirements for negotiations for noncommercial
computer software
The House amendment contained a provision (sec. 824) that
would amend section 2322a of title 10, United States Code,
and codify existing Defense Federal Acquisition Regulations
on noncommercial software rights as well as mandate, to the
maximum extent practicable, that specially negotiated
licenses be used for weapon systems noncommercial software.
The Senate bill contained no similar provision.
The House recedes.
Competition requirements for purchases from Federal Prison
Industries
The House amendment contained a provision (sec. 827) that
would amend section 2410n of title 10, United States Code.
This provision would create a requirement for conducting
market research before purchasing a product listed in the
Federal Prison Industries (FPI) catalog.
The Senate bill contained no similar provision.
The House recedes.
Enhanced post-award debriefing rights
The House amendment contained a provision (sec. 828) that
would amend section 818 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), which required
post-award debriefings of the Department of Defense rating
for each evaluation criteria and overall award decision, by
reducing the award threshold for comprehensive debriefings
from $100.0 million to $50.0 million.
The Senate bill contained no similar provision.
The House recedes.
Preference for offerors employing veterans
The House amendment contained a provision (sec. 831) that
would amend chapter 137 of title 10, United States Code, by
allowing the head of an agency to establish a preference for
offerors that employ veterans on a full-time basis when
awarding a contract for the procurement of goods or services
for the Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
Reporting on expenses incurred for independent research and
development costs
The House amendment contained a provision (sec. 832) that
would amend section 2372 of title 10, United States Code, to
require Department of Defense contractors to report
[[Page H9789]]
expenses incurred for independent research and development
(IR&D) costs.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that IR&D is initiated and conducted by
Department of Defense contractors and the Department
reimburses a portion of industry's costs. The conferees
acknowledge that it is beneficial for the Department to
understand what technologies its contractors are investing in
beyond Department of Defense contracts. However, the
conferees note that there is an ongoing Comptroller General
review of recent changes to IR&D policies and the extent that
recently funded IR&D projects align with the Department's
modernization priorities as laid out in the National Defense
Strategy. The conferees encourage the Department to use the
findings from the Comptroller General's review as a basis for
its IR&D strategy going forward, including what information
is required to be reported by the contractor. Lastly, the
conferees remind the Department that it should share
information about contractor costs within the Department in a
continuous and strategic manner, including in coordination
with the Department's Chief Data Officer.
Assessment of precision-guided missiles for reliance on
foreign-made microelectronic components
The Senate bill contained a provision (sec. 832) that would
require the Air Force to assess its reliance on foreign
sources for all microelectronics in precision guided
munitions currently in production.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Under Secretary of Defense for
Acquisition and Sustainment, not later than August 31, 2020,
to brief the congressional defense committees on the reliance
of the United States Armed Forces on foreign sources for
microelectronics in precision guided munitions currently in
production. The briefing should identify whether the
microelectronics suppliers are single source or sole-source
providers as well as which tier subcontractors supply the
microelectronics. The briefing should also include an
evaluation of the cybersecurity risk to precision guided
munitions posed by foreign-made microelectronics.
Reporting on expenses incurred for bid and proposal costs
The House amendment contained a provision (sec. 833) that
would amend section 2372a(a) of title 10, United States Code,
to require that contractors report expenses incurred for bid
and proposal costs annually to the Defense Contract Audit
Agency, who shall give access to the information to the
Principal Director for Defense Pricing and Contracting.
The Senate bill contained no similar provision.
The House recedes.
Report on requirements relating to consumption-based
solutions
The House amendment contained a provision (sec. 835) that
would require the Undersecretary of Defense for Acquisition
and Sustainment to submit a report on requirements relating
to consumption-based solutions to the congressional defense
committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the acquisition of supplies and
services is still evolving and believe there is a place for
consumption-based solutions. The conferees direct the Deputy
Secretary of Defense in conjunction with the Chief Management
Officer, the Undersecretary of Defense for Acquisition and
Sustainment, and the Director, Cost Assessment and Program
Evaluation, to report to the congressional defense committees
by March 15, 2020, on the feasibility of using consumption-
based solutions as a procurement option to include
recommended definitions, processes, contract types, and
funding approaches.
Supply chain security of certain telecommunications and video
surveillance services or equipment
The House amendment contained a provision (sec. 851) that
would require the Secretary of Defense to consult with the
Federal Acquisition Security Council to comprehensively
assess policies and contractors' systems relating to
telecommunications and video surveillance services and
equipment from foreign suppliers; to mitigate risks through a
specific interagency debarment and suspension process; to
promulgate guidance; and to issue regulation containing
certain elements. The House amendment contained another
provision (sec. 852) that would require the Secretary of
Defense to procure certain telecommunications services or
installations of telecommunications infrastructure on
national security installations located on territories of the
United States in the Pacific Ocean, only from American-owned
or -operated companies, with a national security waiver.
The Senate bill contained similar provisions, (sec. 831)
that would require the Secretary of Defense to modernize
mitigation of risks to the integrity of the supply chain, to
include those cited in recent studies on the defense
industrial base, and (sec. 833) that would that would require
the Secretary of Defense to amend policy and regulation to
enhance the process for assessing and mitigating risks
related to foreign ownership, control, or influence.
The House recedes with amendments to sec. 831 that would
direct the Secretary to recommend revisions to certain
statutory definitions, would more explicitly emphasize the
role of suspension and debarment in supply-chain security,
and would direct the Secretary to establish a process to re-
assess companies who have addressed certain risks.
The conferees acknowledge that establishing blanket
``prohibitions'' in legislation can be well-intended and
effective in some aspects, while also having unintended
consequences. The conferees intend for the Department to be
pro-active rather than reactive, in securing its supply
chain. The conferees note there are multiple efforts in place
and underway at the Department to address supply chain risks,
and that similar efforts are being undertaken government-
wide. The conferees encourage the Department to harmonize
these activities where appropriate in ways that do not
inhibit the Department from exercising its discretion in
areas of national security interest. In this regard, the
Department should pay specific attention to the procurement
of telecommunications goods and services for use on
installations in the Pacific Ocean.
Revised authorities to defeat adversary efforts to compromise
United States defense capabilities
The House amendment contained a provision (sec. 853) that
would strengthen defense supply chains by including security
as a primary purpose for Department of Defense acquisition.
The Senate bill contained no similar provision.
The House recedes.
The conferees note other sections of the conference report
that modernize the Department's supply chain risk mitigation
efforts by requiring the Secretary of Defense to develop an
analytical framework across the acquisition process, assign
risk mitigation roles and responsibilities to organizations
and individuals, and modernize access to data necessary to
assess risk across the acquisition enterprise.
Supply chain risk mitigation policies to be implemented
through requirements generation process
The House amendment contained a provision (sec. 855) that
would amend section 807 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) to require the
Secretary of Defense to develop tools for supply chain risk
mitigation policies during the requirements generation
process.
The Senate bill contained a similar provision (sec. 831)
which addressed this and several other matters pertaining to
the defense industrial base.
The House recedes.
The conferees note the House provision was based on the
work of the Advisory Panel on Streamlining and Codifying
Acquisition Regulations established by section 809 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92). The conferees commend the work of the
Panel and note that, since the Panel was established, it has
made 98 recommendations across 3 report volumes and continues
to identify areas where United States Code can be reorganized
for clarity and efficiency. The Congress has enacted a number
of the recommendations from the first two volumes in prior
National Defense Authorization Acts and continues to
carefully consider the recommendations of the Panel.
Size standard calculations for certain small business
concerns
The House amendment contained a provision (sec. 872) that
would clarify that section 3(a)(2)(C) of the Small Business
Act applies to the Small Business Administration (SBA). The
section would align the size standards based on data to the
Small Business Runway Extension Act of 2018 (Public Law 115-
324) by changing the calculation from 3 years to 5 years.
This section also would require the SBA to develop a
transition plan for small businesses and Federal agencies to
help them successfully navigate the transition from the
previous 3-year calculation to the new 5-year calculation as
mandated and would require that the System for Award
Management be updated accordingly.
The Senate bill contained no similar provision.
The House recedes.
Small Business Administration cybersecurity reports
The House amendment contained a provision (sec. 875) that
would require the Small Business Administration to issue
reports that assess its cybersecurity infrastructure,
including determining the country of origin of its
information technology components, and report cyber threats,
breaches, and cyber attacks.
The Senate bill contained no similar provision.
The House recedes.
Cyber counseling certification program for lead small
business development centers
The House amendment contained a provision (sec. 876) that
would amend section 21(a) of the Small Business Act by adding
cyber strategy training for Small Business Development
Centers (SBDCs) and require the Small Business Administrator
to establish, or certify, an existing cyber counseling
certification program to certify employees at small business
development centers (that
[[Page H9790]]
have directly received a grant from the Administration) to
provide assistance to small businesses for planning
cybersecurity practices and strategies to respond to cyber
attacks. The Small Business Administration would be
authorized to reimburse SBDCs for employee certification
costs up to $350,000 per fiscal year.
The Senate bill contained no similar provision.
The House recedes.
Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related dollar threshold
The House amendment contained a provision (sec. 877) that
would amend subparagraph (B) of section 1908(b)(2) of title
41, United States Code, to exempt certain contracts from the
periodic inflation adjustments to the acquisition-related
dollar threshold.
The Senate bill contained no similar provision.
The House recedes.
Phase 0 Proof of Concept Partnership program for the
Department of Defense
The House amendment contained a provision (sec. 878(d))
that would amend section 9(jj) of the Small Business Act (15
U.S.C. 638) to change references to ``The Director of the
National Institutes of Health'' to ``A covered agency head''
which is defined as the Director of the National Institutes
of Health (NIH) for NIH Small Business Technology Transfer
(STTR) programs or the Secretary of Defense for Department of
Defense STTR programs.
The Senate bill contained no similar provision.
The House recedes.
Briefing on the Trusted Capital Marketplace pilot program
The House amendment contained a provision (sec. 885) that
would require the Secretary of Defense to provide a briefing
to congressional defense committees on the progress of the
Trusted Capital Marketplace pilot program.
The Senate bill contained no similar provision.
The House recedes.
The conferees understand that the Secretary of Defense is
intending to establish a Trusted Capital Marketplace pilot
program to link technology startup companies with trusted
sources of capital in areas relevant to defense missions. The
conferees direct the Secretary of Defense to provide a
briefing on the progress of the Trusted Capital Marketplace
pilot program to the congressional defense committees to
include plans for how the program will: align with critical
defense requirements; use the acquisition flexibilities
authorized under recent National Defense Authorization Acts;
be coordinated with other research and engineering technology
investment programs, including the Small Business Innovation
Research program; and be managed and resourced so as to
evolve into a stable, funded activity. The conferees direct
the Secretary to provide this briefing no later than 6 months
after the date of enactment of this Act.
Boots to Business Program
The House amendment contained a provision (sec. 886) that
would codify and permanently authorize the Boots to Business
program.
The Senate bill contained no similar provision.
The House recedes.
Report and database on items manufactured in the United
States for major defense acquisition programs
The House amendment contained a provision (sec. 892) that
would amend chapter 144 of title 10, United States Code, by
inserting a new section requiring the Secretary of Defense to
submit a report to the congressional defense committees
assessing the domestic source content of procurements carried
out in connection with major defense acquisition programs.
This section would also require the Secretary of Defense to
establish an information repository for the collection of
domestic source content information.
The Senate bill contained no similar provision.
The House recedes.
Contractor science, technology, engineering, and math
programs
The House amendment contained a provision (sec. 894) that
would deem the cost of participating in certain science,
technology, engineering, and math (STEM) programs an
allowable cost under a contract between the contractor and
the Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the importance of developing a world
class cadre of technical talent who can perform critical STEM
job functions in both government and industry, including a
number which require security clearances. The conferees
believe that a strong partnership between the defense
industry and the Department of Defense can stimulate efforts
to increase that pool of STEM talent. Therefore, the
conferees direct the Secretary of Defense to enter into an
arrangement with one or more academic institutions to study
and develop policy options and recommendations to promote
DOD-defense industry collaboration in STEM education
activities. The conferees note that these partnerships should
be primarily focused on developing collaborative DOD-industry
activities relevant to: creating a clearable technical
workforce to meet defense missions, supporting educational
opportunities for defense sector personnel in both government
and industry, and increasing educational opportunities for
veterans and military dependents. Further, the study should
focus on activities which are based on metrics and
education best practices to ensure maximum effectiveness.
The conferees direct that the study, accompanied by an
assessment and plan for the Secretary to implement the
recommended policy options, if appropriate, should be
delivered to the congressional defense committees no later
than October 1, 2020. The conferees direct that Secretary
to ensure that the study is developed in consultation with
industry, education experts, and all appropriate defense
organizations with expertise in STEM education.
Report on cost growth of major defense acquisitions programs
The House amendment contained a provision (sec. 898) that
would require the Comptroller General of the United States to
provide a report analyzing cost growth of major defense
acquisition programs to the defense committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report analyzing the 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.
Report and strategy on terminated foreign contracts
The House amendment contained a provision (sec. 899A) that
would require the Secretary of Defense to submit to Congress
a report on contracts performed in foreign countries for
which the contract was terminated for convenience because of
actions taken by the government of, or an entity located in,
the foreign country that impeded the ability of the
contractor to perform the contract.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor Standards Act of
1938
The House amendment contained a provision (sec. 899E) that
would require the head of a Federal department or agency to
initiate debarment proceedings for persons who willfully or
repeatedly violate the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
The Senate bill contained no similar provision.
The House recedes.
Federal contractor disclosure of unpaid Federal tax liability
The House amendment contained a provision (sec. 899H) that
would amend section 2313(c) of title 41, United States Code,
to include information on any unpaid federal tax liability of
covered persons in the federal awardee performance and
integrity database.
The Senate bill contained no similar provision.
The House recedes.
Pilot program on payment of costs for denied Government
Accountability Office bid protests
The House amendment contained a provision (sec. 899J) that
would amend the pilot program established in section 827 of
the National Defense Authorization Act for Fiscal Year 2018
to require contractors to reimburse the Department of Defense
for direct costs incurred by the Department in support of
hearings to adjudicate bid protests. The provision would also
change the date on which the pilot program begins.
The Senate bill contained no similar provision.
The House recedes.
GAO report on contracting practices of the Corps of Engineers
The House amendment contained a provision (sec. 899M) that
would require the Comptroller General of the United States to
conduct a study on the contracting practices of the U.S. Army
Corps of Engineers (USACE).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to conduct a study on the contracting practices of
USACE, with a specific focus on how USACE complies with and
enforces the requirement to pay prevailing wages on federally
financed construction jobs, as required by subchapter IV of
chapter 31 of title 40, United States Code (commonly referred
to as the Davis-Bacon Act). The study should consider the
following:
(1) Any programs or protocols USACE has in place for the
purpose of carrying out its Davis-Bacon Act enforcement
obligations as set forth in the Federal Acquisition
Regulation.
(2) Any programs or protocols USACE has in place for the
purpose of identifying and addressing independent contractor
misclassification on projects subject to the Davis-Bacon Act.
(3) The frequency with which USACE conducts site visits on
each covered project to monitor Davis-Bacon Act compliance.
(4) The frequency with which USACE monitors certified
payroll reports submitted by
[[Page H9791]]
contractors and subcontractors on each covered project.
(5) Whether USACE accepts and investigates complaints of
Davis-Bacon Act violations submitted by third parties, such
as contractors and workers' rights organizations.
(6) Whether USACE maintains a database listing all
contractors and subcontractors who have, in one way or
another, violated the Davis-Bacon Act and whether USACE
consults this database as part of its contract award process.
(7) The frequency, over the last five years, with which
USACE penalized, disqualified, terminated, or moved for
debarment of a contractor for Davis-Bacon violations.
(8) How USACE verifies that the contractors it hires for
its projects are properly licensed.
The conferees further direct the Comptroller General to
submit a report that summarizes the results of the study,
with recommendations for legislative or regulatory action
that would improve the efforts of enforcing the requirement
to pay prevailing wages on federally financed construction
jobs, to the following committees not later than 1 year after
the date of enactment of this Act to: the Committee on
Education and Labor; the Committee on Armed Services; and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions; the Committee on Armed Services; and the
Committee on Commerce, Science, and Transportation of the
Senate.
Comptroller General report on defense business processes
The House amendment contained a provision (sec. 899N) that
would require the Comptroller General of the United States to
submit to the congressional defense committees a report on
the use of defense business processes.
The Senate bill contained no similar provision.
The House recedes.
Amendments to research project transaction authorities to
eliminate cost-sharing requirements and reduce burdens on
use
The Senate bill contained a provision (sec. 5202) that
would amend section 2371(e) of title 10, United States Code,
to eliminate certain restrictions on the use of the authority
and associated funds.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that current law already permits the
Secretary to engage in research project transaction
authorities with cost sharing from industry that is less than
fifty percent of the total costs, as appropriate, to allow
for delivering performance with affordability and speed as
outlined in the National Defense Strategy. The conferees
believe the Secretary should use research project transaction
authorities to drive efficiency, adopt and implement new
ideas, and leverage leading practices from industry and
academia to positively impact and support acquisition,
personnel, research, and operational processes.
Report on contracts with entities affiliated with the
Government of the People's Republic of China or the
Chinese Communist Party
The Senate bill contained a provision (sec. 5801) that
would require a report concerning Department of Defense
contracts with companies or business entities that are owned
or operated by, or affiliated with, the Government of the
People's Republic of China or the Chinese Communist Party.
The House amendment contained no similar provision.
The Senate recedes.
Not later than 180 days after the date of the enactment of
this Act, the conferees direct the Secretary of Defense to
submit to the congressional defense committees a report
describing all Department of Defense contracts with companies
or business entities that are owned or operated by, or
affiliated with, the Government of the People's Republic of
China or the Chinese Communist Party.
Investment in supply chain security under Defense Production
Act of 1950
The Senate bill contained a provision (sec. 6018) that
would amend section 303 of the Defense Production Act of 1950
to provide authority through the Defense Production Act for
the federal government to rapidly adopt supply chain security
measures if a national security need arises.
The House amendment contained no similar provision.
The Senate recedes.
Title IX--Department of Defense Organization and Management
Subtitle A--Office of the Secretary of Defense and Related Matters
Headquarters activities of the Department of Defense matters
(sec. 901)
The Senate bill contained a provision (sec. 901) that would
repeal certain certifications, require a report on numbers of
employees in the National Guard Headquarters, provide modest
increases in the statutory caps on other headquarters
personnel, and sunset the requirements of section 346 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92).
The House amendment contained no similar provision.
The House recedes with an amendment that would eliminate
the repeal of certain certifications and modify the increases
in the statutory caps on headquarters personnel with the
intent of enhancing the opportunity for civilian perspective
and advice to be considered in the balance on strategic
decisions regarding matters of the armed forces.
The conferees are concerned about civilian-military
relations and note a perceived unhealthy drift in decision-
making on strategic defense issues away from civilian
leaders. Therefore, the conferees urge the Secretary of
Defense to utilize the relief to existing limitations on
civilian personnel supporting the Office of the Secretary of
Defense in such a manner as to optimize enhancement of
civilian control of the military. For example, the conferees
note that section 922 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) assigned
additional authority to the Assistant Secretary of Defense
for Special Operations and Low-Intensity Conflict (ASD SO/
LIC). As such, the conferees expect the additional authority
and relief of limitations on civilian personnel will enhance
civilian oversight of U.S. Special Operations Command through
its `service secretary-like' role.
The conferees direct the Secretary of Defense, not later
than January 1, 2020, to submit to the armed services
committees a report setting forth:
(1) the total number of members of the Armed Forces and
civilian employees of the Department of Defense assigned to
support the Office of the Chief of the National Guard Bureau
and the National Guard Joint Staff;
(2) a description of the headquarters staff of each
geographic combatant command, as well as each sub-unified
command and service component command under the geographic
combatant command, as of the following dates: October 1, 2014
and October 1, 2019. The description of the headquarters
staffs of the geographic combatant commands shall include the
number of military and civilian personnel who are authorized,
and the numbers assigned or detailed, to duty in, functions
of, or direct support to the headquarters element, including
a breakout of personnel by functional area as defined in
Department of Defense Instruction 5100.73.
The conferees direct the Secretary of Defense, not later
than January 1, 2021, to submit to the congressional defense
committees a report setting forth the following:
(a) A recommendation for the total number of members and
employees required for the Office of the Chief of the
National Guard Bureau and the National Guard Joint Staff to
execute the missions and functions of the National Guard
Bureau and the National Guard Joint Staff.
(b) A recommendation for the number of military and
civilian personnel who are required in the headquarters
element to execute the missions and functions of each
geographic combatant command.
Clarifying the roles and responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and
the Under Secretary of Defense for Research and
Engineering (sec. 902)
The Senate bill contained a provision (sec. 5902) that
would allocate the responsibilities of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, a
position that was eliminated in the National Defense
Authorization Act of Fiscal Year 2017, between the two
successor entities.
The House amendment contained a similar provision (sec.
861(j)).
The Senate recedes with amendments that include directing
the Secretary of Defense to issue guidance and a framework
for independent technical risk assessments (ITRAs),
clarifying prototyping responsibilities for the Under
Secretary of Defense for Research and Engineering, updating
the Executive Schedule level for the Under Secretary of
Defense for Research and Engineering, and adding prototyping
responsibilities for the Under Secretary of Defense for
Acquisition and Sustainment.
The conferees note the benefit of having specific guidance
detailing the conditions in which the Department would
approve ITRAs conducted by independent organizations within
the military departments. The conferees therefore direct the
Secretary of Defense to issue the required ITRA guidance and
framework no later than March 1, 2020, and to provide a
briefing to congressional defense committees at that time.
The conferees also direct the Secretary of Defense to
further refine and elaborate the definitions of prototyping
to ensure that the Under Secretary of Defense for Research
and Engineering and the Under Secretary of Defense for
Acquisition and Sustainment have clearly defined roles and
responsibilities, paying particular attention to the
activities executed under budget activity 4, and software
activities, which are likely to be difficult to determine.
Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and
related matters (sec. 903)
The Senate bill contained a provision (sec. 903) that would
return the responsibilities for business systems from the
Chief Management Officer back to the Chief Information
Officer and would realign the Chief Data Officer to report to
the Chief Information Officer instead of the Chief Management
Officer.
The House amendment contained no similar provision.
The House recedes.
[[Page H9792]]
Assessments of responsibilities and authorities of the Chief
Management Officer of the Department of Defense (sec.
904)
The Senate bill contained a provision (sec. 5901) that
would direct the Secretary of Defense to determine the manner
in which the Chief Management Officer directs the business-
related activities of the military departments and determine
the responsibilities and authorities, if any, of the Chief
Management Officer for the Defense Agencies and Department of
Defense Field Activities. The provision would further direct
the Secretary of Defense, in light of these determinations,
to assign the responsibilities and authorities of the Chief
Management Officer and submit a plan to Congress for carrying
out these requirements.
The House amendment contained no similar provision.
The House recedes with amendments that would require a
Secretary of Defense and an independent assessment of the
Chief Management Officer position, and associated reports on
those assessments with recommendations regarding the roles
and responsibilities of the Chief Management Officer.
The conferees note the Department has faced significant
structural challenges in implementing the Chief Management
Officer position since its inception. Accordingly, it is the
conferees' intention to change the position from senior
executive schedule II to III and, pending the assessment
directed by this section, to disestablish the Chief
Management Officer position altogether. The conferees
therefore direct the Secretary to ensure the assessment
provided for in this section is sufficiently comprehensive to
allow for the reassignment of roles and responsibilities, as
well as the authorities that would be necessary for orderly
transition of such activities should the conferees decide to
do so.
Senior Military Advisor for Cyber Policy and Deputy Principal
Cyber Advisor (sec. 905)
The Senate bill contained a provision (sec. 904) that would
require the designation of a general or flag officer of the
Armed Forces to serve within the Office of the Under
Secretary of Defense for Policy as the Senior Military
Advisor for Cyber Policy and, concurrently, as the Deputy
Principal Cyber Advisor.
The House amendment contained no similar provision.
The House recedes.
Exclusion from limitations on personnel in the Office of the
Secretary of Defense and Department of Defense
headquarters of fellows appointed under the John S.
McCain Defense Fellows Program (sec. 906)
The Senate bill contained a provision (sec. 921) that would
amend section 932(f)(3) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to stipulate that an individual appointed to a
fellowship under this section shall not count against the
limitation on the number of Office of the Secretary of
Defense personnel in section 143 of title 10, United States
Code, or any similar limitation in law on the number of
personnel in headquarters of the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force (sec. 911)
The Senate bill contained a provision (sec. 911) that would
amend sections 3016(a), 5016(a), and 8016(a) of title 10,
United States Code, to require that each military department
maintain an assistant secretary for energy, installations,
and environment.
The House amendment contained a similar provision (sec.
911).
The Senate recedes with a technical amendment.
Subtitle C--Other Department of Defense Organization and Management
Matters
Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of
Defense (sec. 921)
The Senate bill contained a provision (sec. 1034) that
would prohibit Department of Defense officials who
participated personally and substantially in an acquisition
valued in excess of $10.0 million who occupy a position on
the Executive Schedule, are a member of the Senior Executive
Service, a General or Flag Officer, or who served as a
program manager, deputy program manager, procuring
contracting officer, administrative contracting officer,
source selection authority, member of a source selection
evaluation board, or chief of a financial or technical
evaluation team for a contract in excess of $10.0 million,
from owning or trading a publicly traded stock of a company
that, during the preceding calendar year, received more than
$1.0 billion in revenue from the Department of Defense,
including through contracts with the Department.
Further, the provision would direct that no officer or
employee of the Department of Defense may own or trade a
publicly traded stock of a company that is a contractor or
subcontractor of the Department, if the Standards of Conduct
Office of the Office of the General Counsel of the Department
of Defense determines that the value of the stock may be
directly or indirectly influenced by any official act of that
officer or employee.
Any official who knowingly fails to comply with these
requirements would be subject to administrative action by the
Secretary of Defense. The definition of publicly traded stock
would not include a widely-held investment fund, for purposes
of this provision.
The House amendment contained no similar provision.
The House recedes with an amendment that would prohibit an
individual serving in a key acquisition position in the
Department of Defense who is: (1) A civilian officer or
employee in a Senior Executive Service, Senior-Level, or
Scientific or Professional position; or (2) A member of the
Armed Forces in a grade above O-6, from owning or purchasing
publicly traded stock of a company that is one of the ten
entities awarded the most amount of contract funds by the
Department of Defense in a fiscal year during the five
preceding fiscal years. This same prohibition would apply to
any civilian appointed to a position in the Department of
Defense by the President, by and with the advice and consent
of the Senate.
The prohibition would not apply if the aggregate market
value of the stock holdings ascribed to the individual
officer, employee, member of the Armed Forces, or appointee
does not exceed the de minimis threshold established in the
Code of Federal Regulations, or if the stock is purchased and
owned as part of an Excepted Investment Fund or mutual fund.
Limitation on consolidation of Defense Media Activity (sec.
922)
The House amendment contained a provision (sec. 912) that
would prohibit funds authorized or appropriated for the
Department of Defense to be used to consolidate the Defense
Media Activity until 180 days after the Secretary of Defense
submits a report that includes any plans to consolidate the
Defense Media Activity.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove the
funding limitation, direct the Secretary of Defense not to
take any actions to consolidate the Defense Media Activity
until 60 days after submitting the required report, and
change the definition of consolidation.
Report on resources to implement the civilian casualty policy
of the Department of Defense (sec. 923)
The Senate bill contained a provision (sec. 922) that would
require, not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense to submit to
the congressional defense committee a report on the resources
necessary to fulfill the requirements of section 936 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) over the future years defense
plan.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--United States Space Force
United States Space Force Act (secs. 951-961)
The Senate bill contained a series of provisions (sec.
1601-1608) that would establish the United States Space Force
(USSF) within the Department of the Air Force and make
changes to the organization of, authorities of, and
acquisition associated with space forces assigned to the
Department of Defense (DOD).
The House amendment contained a similar series of
provisions (sec. 921-925) that would establish a U.S. Space
Corps within the Department of the Air Force.
The Senate recedes with an amendment that would enact the
United States Space Force Act. The amendment would modify
title 10, United States Code, to establish the United States
Space Force as an Armed Force within the Department of the
Air Force. The amendment would make multiple technical and
conforming changes necessary to fully establish the United
States Space Force in title 10, United States Code.
The Space Force would include military personnel of the Air
Force Space Command and other military personnel of the Air
Force as assigned to the Space Force by the Secretary of the
Air Force. The amendment would prohibit the authorization of
additional military billets. The conferees expect that the
Space Force would be supported by civilian personnel within
the Department of the Air Force and by Air Force Reserve
elements, as determined by the Secretary of the Air Force.
The conferees direct the Secretary of the Air Force to
provide to the congressional defense committees a total force
management plan in support of the Space Force. The report
shall be delivered not later than 90 days after the enactment
of this Act.
The amendment would designate the commander of the Space
Force as the Chief of Space Operations (CSO), appointed by
the President and confirmed by the Senate. The CSO's rank
would be that of general with a 4-year term of command. The
CSO could be the incumbent Commander, Air Force Space
Command, without further appointment. The CSO would report
directly to the Secretary of the Air Force upon enactment of
this Act. After 1 year, the CSO would be a member of the
Joint Chiefs of Staff. The amendment would provide the
Secretary of Defense with the temporary authority to
establish a dual-hatted arrangement wherein the CSO, for the
first year after enactment, would also serve as the
Commander, U.S. Space Command (SPACECOM).
[[Page H9793]]
The conferees expect the Space Force and its supporting
elements to be the exclusive source of personnel of the
Department of the Air Force to be assigned, by the CSO, to
the National Reconnaissance Office (NRO), unless otherwise
specified by the Secretary of the Air Force.
The amendment would establish the position of the Assistant
Secretary of Defense (ASD) for Space Policy within the Office
of the Secretary of Defense. The amendment would require the
Secretary of Defense to seek to enter into an agreement with
a Federally Funded Research and Development Center (FFRDC) to
develop recommendations on the appropriate elements of the
Office of the ASD for Space Policy, including, in particular,
whether to include space capabilities and programs currently
assigned to the Office of the Under Secretary of Defense for
Intelligence or in the Military Intelligence Program. The
Secretary would submit to the congressional defense
committees such recommendations, together with an assessment
of those recommendations, not later than 180 after the date
of the enactment of this Act.
The amendment would rename the Principal Assistant to the
Secretary of the Air Force for Space as the Assistant
Secretary for Space Acquisition and Integration (ASAF/SP),
who would report directly to the Secretary of the Air Force
and serve as the senior architect for space systems and
programs across the Department of Defense, providing advice
to the service acquisition executive (SAE) of the Air Force
(the existing Assistant Secretary of the Air Force for
Acquisition). The ASAF/SP would oversee and direct the Space
Rapid Capabilities Office, the Space and Missile Systems
Center, and the Space Development Agency, providing fiscal
and strategic guidance to the organizations. Effective
October 1, 2022, the ASAF/SP would also become the SAE for
Space Systems and Programs, which would include all space
acquisition activities within the Air Force. All space
acquisition projects currently managed by the Assistant
Secretary of the Air Force for Acquisition would be
transitioned to the ASAF/SP in the role of SAE for Space
Systems and Programs, therefore providing for two SAEs
reporting to the Secretary of the Air Force. The ASAF/SP
would require confirmation by the Senate for this additional
role.
The conferees note that the Deputy Secretary of Defense did
not submit to the congressional defense committees the plan
required by section 1601(b) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232). Therefore, the conferees direct the Secretary of
the Air Force to provide to the congressional defense
committees a report on whether and, if so, how to implement
an alternative acquisition system, due not later than March
31, 2020. The report should include an assessment of the
feasibility of a new acquisition system specifically tailored
for space systems and programs, including with respect to
procuring space vehicles, ground segments relating to such
vehicles, and satellite terminals. The plan shall include
recommendations with respect to whether the alternative
acquisition system described in the plan should use the
Joint Capabilities Integration and Development System
process or instead use a new requirements process
developed in a manner that ensures that requirements for a
program are synchronized across the space vehicles and
ground segments. It should also consider how such a system
can achieve faster acquisition and more rapid fielding of
critical systems, including by using new commercial
capability. The conferees also direct the Secretary to
submit, not later than 120 days after the enactment of
this Act, to the congressional defense committees a report
with recommendations on the integration of acquisition
authority for the NRO into acquisition authority of the
Air Force for space systems and programs.
The amendment would also establish a Space Force
Acquisition Council (SAC) within the Office of the Secretary
of the Air Force that would oversee, direct, and manage Air
Force acquisitions for space in order to ensure integration
across the national security space enterprise. The SAC would
meet not less frequently than monthly. The amendment would
establish the ASAF/SP as the chair of Council. The Under
Secretary of the Air Force, the Director of the NRO, the CSO,
the ASD for Space Policy and the Commander, SPACECOM, would
also be members of the Council. The amendment would require
the SAC to submit quarterly reports to the congressional
defense committees through the first calendar year quarter of
2025 on the activities of the Council.
The conferees direct the Secretary of the Air Force and
Secretary of Defense to submit the following reports and
briefings to the congressional defense committees on the
establishment of the United States Space Force:
(1) A report and accompanying briefing on a comprehensive
plan for the organizational structure of the Space Force, to
be submitted by the Secretary of the Air Force not later than
February 1, 2020. The report should include the following
elements:
(a) A detailed description of the structure and
organizational elements required for the Space Force to
perform its mission;
(b) A detailed description of the organization and staff
required to support the CSO;
(c) A detailed explanation of the manner in which the Space
Force is expected to affect the composition and function of
current space elements of the Armed Forces;
(d) A description of the manner in which the Space Force
will be organized, trained, and equipped; and
(e) A description of the manner in which the Space Force
will coordinate with SPACECOM and other space elements of the
Armed Forces;
(2) A report and accompanying briefing on the anticipated
funding requirements for the establishment of the Space Force
and for its operations and activities from fiscal year 2021
through fiscal year 2025, to be submitted by the Secretary of
Defense not later than February 1, 2020. The report should
include the budget activity, line number, line item, line
item title, and a description of the requirements specific to
the Space Force for each account of the following:
(a) Procurement accounts;
(b) Research, development, test, and evaluation accounts;
(c) Operation and maintenance accounts; and
(d) Military personnel accounts.
The report should also include, for each project under
military construction accounts, the country, location,
project title, and project amount by fiscal year, and, for
any expenditures and proposed appropriations not included, an
explanation with a level of detail at least equivalent to the
level of detail provided in the future year's defense program
submitted to Congress. The report may be submitted in
unclassified form, but may include a classified annex;
(3) A report setting forth a comprehensive legislative
proposal for amendments to the laws under the jurisdiction of
the congressional defense committees to fully integrate the
Space Force as an Armed Force, and the regular and reserve
military and the civilian personnel of the Space Force, into
current law, to be submitted by the Secretary of Defense not
later than 60 days after the date of the enactment of this
Act;
(4) A plan to ensure the quality of the military and
civilian personnel of the Space Force, to include:
(a) Mechanisms to define career professional milestones and
manage the career progression of members and civilian
employees of the Space Force throughout their careers;
(b) Identification and establishment of space-related
career fields;
(c) Pay and incentive structures;
(d) The management and oversight of the space cadre;
(e) Training relating to planning and executing warfighting
missions and operations in space;
(f) Conducting periodic cadre-wide professional assessments
to determine how the cadre is developing as a group;
(g) Establishing a centralized method to control personnel
assignments and distribution;
(h) The identification of future space-related career
fields that the Secretary determines appropriate, including a
space acquisition career field; and
(i) Identification of overlap among the operations and
acquisition career fields to identify opportunities for
cross-functional careers.
The Secretary should submit to the congressional defense
committees a report on such plan not later than 180 days
after the date of the enactment of this Act.
The conferees also direct the Secretary of Defense, in
coordination with the Director of National Intelligence, to
submit to the congressional defense committees a report
containing the results of a review on processes designed to
achieve more effective integration of capabilities among the
NRO, National Security Agency, National Geospatial
Intelligence Agency (NGA), and SPACECOM for joint operations.
This report should be submitted not later than 180 days after
the enactment of this Act.
Finally, this amendment would limit the total amount of
funds to be obligated and expended in fiscal year 2020 for
the establishment of the Space Force to the amount requested
for the Space Force in the President's budget request for
fiscal year 2020. The amendment would require the Secretary
of the Air Force to implement the establishment of the United
States Space Force not later than 18 months after the date of
the enactment of this Act. The amendment would also require
the Secretary and the CSO to jointly provide to the
congressional defense committees briefings on the status of
the current missions, operations and activities, manpower
requirements, budget and funding requirements, and
implementation not later than 60 days after the date of the
enactment of this Act and every 60 days thereafter until
March 31, 2023.
The conferees note that nothing in this provision is
intended to be construed as mandating any changes to the
mission or operations of the NRO or NGA.
legislative provisions not adopted
Repeal of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army
The Senate bill contained a provision (sec. 912) that would
repeal section 582 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91), which established
the conditional designation of explosive ordnance disposal as
a basic branch of the Army.
The House amendment contained no similar provision.
The Senate recedes.
[[Page H9794]]
Modernization of certain forms and surveys
The House amendment contained a provision (sec. 913) that
would require the Secretary of Defense to conduct a study to
identify each form and survey that contains a term or
classification that the Secretary determines may be
considered racially or ethnically insensitive and provide a
plan to modernize those forms.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide an
interim briefing, no later than 180 days after the enactment
of this Act, to the Committees on Armed Services of the
Senate and House of Representatives, regarding efforts to
date to review and identify forms and surveys under the
purview of the Department of Defense or its components, that
contain a term or classification that may be considered
racially or ethnically insensitive. Additionally, no later
than a year after the date of the enactment of this Act, the
conferees direct the Secretary to provide the committees a
report setting forth the Department's comprehensive plan to
modernize the forms identified, and the progress to date in
executing such plan.
Title X--General Provisions
Subtitle A--Financial Matters
General transfer authority (sec. 1001)
The Senate bill contained a provision (sec. 1001) that
would allow the Secretary of Defense, with certain
limitations, to make transfers between amounts authorized for
fiscal year 2020 in division A of this Act. The section would
limit the total amount transferred under this authority to
$4.0 billion. This section would also require prompt
notification to Congress of each transfer made.
The House amendment contained a similar provision (sec.
1001) that would allow the Secretary of Defense to transfer
up to $1.0 billion of fiscal year 2020 funds authorized in
division A of this Act. It would also prohibit transfers to
the Drug Interdiction and Counter Drug Activities, Defense-
wide account and require the Secretary of Defense to certify
the transfer was made to higher priority items based on
unforeseen military requirements.
The House recedes.
Defense Business Audit Remediation Plan (sec. 1002)
The House amendment contained a provision (sec. 1002) that
would amend the annual reporting and semiannual briefing
requirements contained in section 240b of title 10, United
States Code, to include a current accounting of the defense
business systems of the Department of Defense that will be
introduced, replaced, updated, modified, or retired in
connection with the audit of the full financial statements of
the Department, including a comprehensive roadmap displaying
in-service, retirement, and other pertinent dates for
affected defense business systems as well as current cost-to-
complete estimates for each effort.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
reporting requirements.
Financial improvement and audit remediation plan (sec. 1003)
The House amendment contained a provision (sec. 1003) that
would amend section 240b of title 10, United States Code, by
updating the elements of annual reports, semiannual briefs,
and audit remediation services of financial improvements and
audit remediation plans.
The Senate bill contained no similar provision.
The Senate recedes.
Reporting requirements relating to Department of Defense
audits (sec. 1004)
The House amendment contained a provision (sec. 1004) that
would require an annual 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. This report would include, for the bottom
quartile of departments and agencies ranked in the report, an
additional report describing the material weaknesses of the
reporting entity, underlying causes of the material
weaknesses, and a plan for remediation. The provision would
also require a report presenting a plan for achieving an
unmodified audit opinion on the Department of Defense-wide
consolidated audit within 5 years.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove the
limitation on use of funds and would modify the reporting
requirement.
Inclusion of certain military construction projects in annual
reports on unfunded priorities of the Armed Forces and
the combatant commands (sec. 1005)
The Senate bill contained a provision (sec. 1003) that
would amend section 222a of title 10, United States Code, to
require the military services and combatant commands to
submit separate lists of unfunded priorities for military
construction. This provision would require the lists to be in
priority order.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Prohibition on delegation of responsibility for submittal to
Congress of Out-Year Unconstrained Total Munition
Requirements and Out-Year Inventory numbers (sec. 1006)
The Senate bill contained a provision (sec. 1004) that
would amend section 222a of U.S.C. 10 to prohibit the chief
of staff of each of the Services from delegating the
reporting requirement outside the service concerned.
The House amendment contained no similar provision.
The House recedes.
Annual budget justification display for service-common and
other support and enabling capabilities for special
operations forces (sec. 1007)
The House amendment contained a provision (sec. 1005) that
would amend chapter 9 of title 10, United States Code, to
require the Secretary of Defense to include in the budget
materials submitted to Congress under section 1105 of title
31, United States Code, 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.
The Senate bill contained no similar provision.
The Senate recedes.
Element in annual reports on the Financial Improvement and
Audit Remediation Plan on activities with respect to
classified programs (sec. 1008)
The Senate bill contained a provision (sec. 1005) that
would amend section 240b(b)(1) of title 10, United States
Code, to include audit results and activities for classified
programs in the Financial Improvement and Audit Remediation
Plan. The plan shall remain unclassified and include a
classified annex, if required.
The House amendment contained no similar provision.
The House recedes.
Plan of the Department of Defense for financial management
information (sec. 1009)
The Senate bill contained a provision (sec. 1006) that
would require the Under Secretary of Defense (Comptroller) to
track the costs of the audit corrective action plans.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
reporting requirements.
The conferees direct the Secretary of Defense not later
than 90 days after the date of the enactment of this Act, to
submit to the congressional defense committees a report
containing the following Department-Wide audit metrics:
(1) Total number of open audit notices of findings and
recommendations (NFRs) for the most recent fiscal year and
the preceding two fiscal years where applicable;
(2) Number of repeat or reissued NFRs from the most recent
fiscal year;
(3) Number of NFRs that were previously forecasted to be
closed in the most recently completed fiscal year that remain
open;
(4) Number of closed NFRs in the current fiscal year and
prior fiscal years;
(5) Number of material weaknesses that were validated by
external auditors as fully resolved or downgraded in the
current fiscal year over prior fiscal years;
(6) Breakdown by fiscal years in which open NFRs are
forecasted to be closed; and
(7) Explanations for unfavorable trends in these
categories.
Update of authorities and renaming of Department of Defense
Acquisition Workforce Development Fund (sec. 1010)
The Senate bill contained a provision (sec. 1007) that
would amend section 1705 of title 10, United States Code, to
rename the Defense Acquisition Workforce Development Fund to
the Defense Acquisition Workforce Development Account in
recognition that it is funded by appropriations.
The House amendment contained no similar provision.
The House recedes.
Transparency of accounting firms used to support Department
of Defense audit (sec. 1011)
The House amendment contained a provision (sec. 1008) that
would require audit firms to report fully adjudicated
disciplinary proceedings to the Department of Defense, ensure
the details of such disciplinary proceedings are kept
confidential, and would provide a definition of ``associated
person''.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
the insertion of ``fully adjudicated'' and the definition of
associated persons.
The conferees direct the Secretary of Defense to provide a
briefing, in conjunction with the Financial Improvement and
Audit Remediation Plan, on the implementation of section 1006
of John S. McCain National Defense Authorization Act for
Fiscal Year 2019 no later than June 30, 2020.
Modification of required elements of annual reports on
emergency and extraordinary expenses of the Department of
Defense (sec. )
The Senate bill contained a provision (sec. 1002) that
would amend section 127 of title 10, United States Code, to
modify the annual reporting requirement on emergency and
extraordinary expenses of the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
[[Page H9795]]
Subtitle B--Counterdrug Activities
Modification of authority to support a unified counterdrug
and counterterrorism campaign in Colombia (sec. 1021)
The Senate bill contained a provision (sec. 1011) that
would amend section 1021 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375), as most recently amended by section 1011 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91), to modify authorized assistance to the
Government of Colombia to address the emergence of new
threats.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
organizations with respect to which assistance may be
provided under this authority.
Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities (sec. 1022)
The Senate bill contained a provision (sec. 1012) that
would extend for two years section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136).
The House amendment contained a similar provision (sec.
1031) that would extend for two years section 1022 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136).
The Senate recedes.
Sense of Congress regarding Department of Defense counterdrug
activities in the transit zone and Caribbean basin (sec.
1023)
The House amendment contained a provision (sec. 1014) that
would express the Sense of Congress that counterdrug
activities in the transit zone and Caribbean basin are
critical to national security.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Assessment of impact of proposed border wall on volume of
illegal narcotics (sec. 1024)
The House amendment contained a provision (sec. 1015) that
would require the Secretary of Defense, in consultation with
the Secretary of Homeland Security, to conduct an assessment
of the impact that any planned or proposed border wall
construction would have on the volume of illegal narcotics
entering the United States.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle C--Naval Vessels
Modification of authority to purchase vessels using funds in
National Defense Sealift Fund (sec. 1031)
The Senate bill contained a provision (sec. 1016) that
would amend section 2218(f)(3) of title 10, United States
Code, in subparagraph (E) by striking ``10 new sealift
vessels'' and inserting ``10 new sealift vessels, auxiliary
vessels, or a combination of such vessels''.
The House amendment contained no similar provision.
The House recedes.
Use of National Defense Sealift Fund for procurement of two
used vessels (sec. 1032)
The House amendment contained a provision (sec. 1022) that
would require the Secretary of the Navy to seek to enter into
a contract for two used vessels for mobilization purposes.
The Senate bill contained no similar provision.
The Senate recedes.
Transportation by sea of supplies for the Armed Forces and
Defense Agencies (sec. 1033)
The House amendment contained a provision (sec. 1021) that
would modify section 2631 of title 10, United States Code, to
expand application of cargo transported by the Department of
Defense to include Defense Agencies. Additionally, this
provision would require additional latitude in the
transportation of fuel products to better expand
opportunities for U.S. flagged resources.
The Senate bill contained no similar provision.
The Senate recedes.
Senior Technical Authority for each naval vessel class (sec.
1034)
The Senate bill contained a provision (sec. 1017) that
would require the designation of a Senior Technical Authority
(STA) for each class of naval vessels.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
prohibition on delegation of the authority to designate STAs
and adjust STA tenure requirements.
The conferees' intent is that STAs are primarily or
entirely employees of the Naval Sea Systems Command
engineering directorate (code 05) with the STA designation
and associated duties as primary or collateral
responsibilities.
Permanent authority for sustaining operational readiness of
littoral combat ships on extended deployment (sec. 1035)
The Senate bill contained a provision (sec. 1018) that
would amend section 8680 of title 10, United States Code, to
provide the Secretary of the Navy with additional flexibility
to maintain Littoral Combat Ships (LCSs) by allowing
government or contractor personnel to conduct maintenance on
deployed LCS vessels regardless of ship location.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify
allowable maintenance activities.
The conferees note the two classes of LCS have
significantly different maintenance requirements and
sustainment models as compared to other classes of Navy
surface ships.
Accordingly, the conferees direct the Secretary of the Navy
to submit to the congressional defense committees, no later
than March 1, 2020, comprehensive LCS class maintenance plans
for each LCS class. Each such plan shall contain the
following elements for such class: (1) An assessment of the
implications of extended LCS deployments on material
readiness and operational availability; (2) A comprehensive
sustainment strategy necessary to support the total number of
LCSs, including maintenance requirements, sustainment
concepts, and estimated life cycle costs; (3) A description
of the permanent and temporary facilities required to support
LCSs operating on extended deployments at overseas locations;
(4) A description of all contracting strategies for LCS ship
repair and maintenance, including short- and long-term; (5) A
summary of projected LCS maintenance costs, by fiscal year,
for fiscal years 2020 through 2025 and the extent to which
actual costs have deviated from prior estimates; and (6)
Other related matters the Secretary deems appropriate.
Formal training for shipboard system programs of record (sec.
1036)
The House amendment contained a provision (sec. 1023) that
would require the Secretary of the Navy to ensure there is a
formal schoolhouse for all shipboard systems that are current
programs of record in the fleet.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
formal training for such systems, but not require the
training occur at a schoolhouse.
Report on shipbuilder training and the defense industrial
base (sec. 1037)
The House amendment contained a provision (sec. 1024) that
would require the Secretary of the Defense to submit a report
on how the Navy plans to manage the need to grow the
shipbuilding workforce as it builds to a 355-ship Navy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit the report in coordination
with the Secretary of Labor.
Use of competitive procedures for CVN-80 and CVN-81 dual
aircraft carrier contract (sec. 1038)
The House amendment contained a provision (sec. 1025) that
would require to the extent practicable and unless otherwise
required by law, the Secretary of the Navy to ensure that
competitive procedures are used with respect to any task
order or delivery order issued under a dual aircraft carrier
contract relating to the CVN-80 and CVN-81.
The Senate bill contained no similar provision.
The Senate recedes.
Report on expanding naval vessel maintenance (sec. 1039)
The House amendment contained a provision (sec. 1026) that
would require the Secretary of the Navy to submit to the
congressional defense committees a report on allowing
maintenance to be performed on naval vessels at shipyards
other than shipyards in the vessels' homeports.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
report to include a description of the ability of non-
homeport firms to maintain surge capacity when homeport
shipyards lack the capacity or capability to meet homeport
requirements and make other technical changes.
Subtitle D--Counterterrorism
Modification of support of special operations to combat
terrorism (sec. 1041)
The House amendment contained a provision (sec. 1037) that
would amend section 127e of title 10, United States Code, to
modify the notification required pursuant to this authority.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries (sec.
1042)
The Senate bill contained a provision (sec. 1023) that
would extend until December 31, 2020, the prohibition on the
use of funds provided to the Department of Defense to
transfer or release individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to Libya, Somalia,
Syria, and Yemen.
The House amendment contained a similar provision (sec.
1032) that would prohibit the use of funding authorized to be
appropriated or otherwise made available for the Department
of Defense 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 at United States Naval Station,
Guantanamo Bay, Cuba, to Libya, Somalia, Syria, Yemen, Cuba,
Iran, Russia, North Korea, Mexico, Guatemala, Honduras, El
Salvador, or Venezuela.
The House recedes.
[[Page H9796]]
Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States (sec.
1043)
The Senate bill contained a provision (sec. 1021) that
would extend until December 31, 2020, the prohibition on the
use of funds provided to the Department of Defense to
transfer or release individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, to the United States.
The House amendment contained no similar provision.
The House recedes.
Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba (sec. 1044)
The Senate bill contained a provision (sec. 1022) that
would extend until December 31, 2020, the prohibition on the
use of funds provided to the Department of Defense to
construct or modify facilities in the United States to house
detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba.
The House amendment contained no similar provision.
The House recedes.
Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba (sec. 1045)
The Senate bill contained a provision (sec. 1024) that
would extend through fiscal year 2020, the prohibition on the
use of funds provided to close or abandon United States Naval
Station, Guantanamo Bay, Cuba; to relinquish control of
Guantanamo Bay to the Republic of Cuba; or to implement a
material modification to the Treaty between the United States
of America and Cuba signed at Washington, D.C., on May 29,
1934, which modification would constructively close United
States Naval Station, Guantanamo Bay.
The House amendment contained no similar provision.
The House recedes.
Chief Medical Officer at United States Naval Station,
Guantanamo Bay, Cuba (sec. 1046)
The Senate bill contained a provision (sec. 1026) that
would require the establishment of a Chief Medical Officer
(CMO) at the United States Naval Station, Guantanamo Bay,
Cuba, to conduct oversight of medical care provided to
individuals detained at Guantanamo Bay, and to ensure that
such medical care meets the defined standard of care. The CMO
would report directly to the Assistant Secretary of Defense
for Health Affairs and hold a grade not below that of
colonel, or captain in the Navy. The CMO would make medical
determinations, including: (1) Decisions regarding
assessment, diagnosis, and treatment of detainees; and (2)
Medical accommodations to detainee living conditions and
operating procedures for detention facilities. In the event
the commander of Joint Task Force-Guantanamo declined to
follow a determination of the CMO, the provision would
require the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict and the Assistant
Secretary of Defense for Health Affairs to resolve the matter
jointly, within 7 days of receipt of the notification of such
declination. Additionally, the provision would authorize the
CMO to secure access to any individual, information, or
assistance that the CMO considered necessary to carry out the
duties of the position.
The Senate bill also contained a provision (sec. 1025) that
would authorize the temporary transfer of individuals
detained at United States Naval Station, Guantanamo Bay,
Cuba, to the United States for emergency or critical medical
treatment not available at Guantanamo.
The House amendment contained a similar provision (sec.
1034) that would express the sense of Congress that the
increasing age of detainees at the United States Naval
Station, Guantanamo Bay, Cuba, poses challenges for the
provision of medical care, and that the United States has an
ongoing obligation to provide medical care that meets
appropriate standards of care to the detainees at Guantanamo.
This provision would also express the sense of Congress that
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, when determining the policies regarding medical care
for detainees at Guantanamo.
The House recedes to Senate section 1026, with technical
and clarifying amendments.
The Senate recedes to Senate section 1025.
The House recedes to House section 1034.
Independent assessment on gender and countering violent
extremism (sec. 1047)
The House amendment contained a provision (sec. 1035) that
would require the Secretary of Defense to enter into contract
with a nonprofit entity or 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 and provide a
report to the congressional defense committees on the result
of such assessment.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Subtitle E--Miscellaneous Authorities and Limitations
Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments (sec.
1051)
The House amendment contained a provision (sec. 1041) that
would require the Secretary of Defense to ensure there is
coordination in scheduling executive airlift across the
entire Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Explosive ordnance defense disposal program (sec. 1052)
The House amendment contained a provision (sec. 1042) that
would amend section 2284 of title 10, United States Code, to
make technical changes regarding the responsibilities of the
executive agent for the explosive ordnance disposal training
and technology program. The provision would also eliminate
the requirement to designate a combat support agency to
manage a Defense-wide program element for certain explosive
ordnance disposal activities.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
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. 1053)
The House amendment contained a provision (sec. 1012) that
would provide a technical correction to and extend until
December 31, 2022, a report required by section 1014 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).
The Senate bill no similar provision.
The Senate recedes.
Notification on the provision of defense sensitive support
(sec. 1054)
The House amendment contained a provision (sec. 1043) that
would modify section 1055 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to provide additional Defense Sensitive Support reporting
requirements.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Revision to authorities relating to mail service for members
of the Armed Forces and Department of Defense civilians
overseas (sec. 1055)
The Senate bill contained a provision (sec. 1081) that
would amend section 3401 of title 39, United States Code, to
clarify that Active-Duty servicemembers and Department of
Defense civilian employees providing support to military
operations are authorized to mail personal correspondence at
no cost when deployed for a contingency operation in an area
designated by the President. The provision also would extend
the free mail program to all hospitalized servicemembers
wounded in a designated area. Finally, the provision would
allow certain mail between military post offices or from a
military post office to a point of entry into the United
States to be transported by surface shipment.
The House amendment contained no similar provision.
The House recedes.
Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces (sec. 1056)
The Senate bill contained a provision (sec. 1082) that
would modify section 406 of title 39, United States Code, to
permit the Secretary of Defense to authorize the use of
military post offices in locations outside the United States
by citizens of the United States who are employed by the
North Atlantic Treaty Organization and who perform functions
in support of the Armed Forces.
The House amendment contained no similar provision.
The House recedes.
Expenditure of funds for Department of Defense intelligence
and counterintelligence activities (sec. 1057)
The House amendment contained a provision (sec. 1047) that
would authorize the expenditure of no more than 5 percent of
Military Intelligence Program funds for Department of Defense
recurring or anticipated intelligence and counterintelligence
activities for each of the fiscal years 2020 through 2025.
Further, this section would require the Secretary of Defense
to provide a report of the expenditures covered by this
authorization for each of the fiscal years 2020 through 2025.
This section would provide additional authorization in
response to section 1041 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
which required the Secretary of Defense to clarify use of
emergency and extraordinary expenses for intelligence and
counterintelligence activities that were determined not to be
of an emergent or extraordinary nature.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on use of funds for the inactivation of Army
watercraft units (sec. 1058)
The House amendment contained a provision (sec. 1045) that
would prohibit any funds
[[Page H9797]]
authorized or appropriated by this Act to be used for the
inactivation of any Army watercraft unit until the Secretary
of Defense submits to Congress a certification on the Army
Watercraft Requirements Review and a federally funded
research and development center has reviewed and validated
the Army's ability to meet watercraft requirements of the
combatant commanders.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
legislative provisions not adopted
Independent public accountant audit of financial systems of
the Department of Defense
The House amendment contained a provision (sec. 1007) that
would direct the Secretary of Defense to ensure financial
systems of the Department of Defense are reviewed by an
independent public accountant to validate the financial
system will meet applicable Federal requirements.
The Senate bill contained no similar provision.
The House recedes.
The conferees are encouraged by the Department of Defense's
completion of the first audit in 2018. In order to improve
the Department of Defense's ability to continue audit
compliance, the Secretary of Defense shall ensure that each
major implementation of, or modification to, a financial
system of the Department of Defense meets all applicable
Federal statutes, regulations, and policies with regards to
auditability.
Modification of authority to provide support to other
agencies for counterdrug activities and activities to
counter transnational organized crime
The House amendment contained a provision (sec. 1011) that
would modify the types of support authorized by section 284
of title 10, United States Code as well as include additional
congressional notification requirements.
The Senate bill contained no similar provision.
The House recedes.
Repeal of Secretary of Defense review of curricula and
program structures of National Guard counterdrug schools
The House amendment contained a provision (sec. 1013) that
would repeal the Secretary of Defense's review of National
Guard counterdrug school curricula and program structures.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the importance of the National Guard
counterdrug schools in the development, training, and
maintenance of skills for Federal, State, local, and foreign
government officials to combat illicit trafficking. The
conferees direct the Secretary of Defense to provide a
briefing to the House and Senate Armed Services Committees no
later than 90 days after enactment of this Act on the
Department of Defense review of the curricula and program
structures of the National Guard counterdrug schools. The
briefing shall include the following:
(1) An overview of the National Guard counterdrug schools.
(2) An overview of the Department's guidance related to the
National Guard counterdrug program.
(3) An explanation of the Department's guidance
specifically related to the curricula and program structures
of the National Guard counterdrug schools.
(4) A description of the Department's goals, objectives,
and effect-based measures of performance related to the
National Guard counterdrug schools.
(5) An initial evaluation of the establishment of the
National Guard Bureau counterdrug schools executive steering
committees, the committees' progress toward implementing
guidance, and the structure to incorporate feedback regarding
such guidance from the States.
(6) An initial evaluation of curricula requirements
identified by State counterdrug coordinators.
(7) An initial evaluation of the National Guard counterdrug
schools activity plans received from States.
(8) A cost analysis of the metrics used to explain how any
savings and efficiencies will be achieved by any changes
made, including an analysis of the elimination of contracted
positions.
(9) Any other matters the Secretary considers appropriate.
Clarification of authority of military commissions under
chapter 47A of title 10, United States Code, to punish
contempt
The Senate bill contained a provision (sec. 1031) that
would amend subchapter IV of chapter 47A of title 10, United
States Code, to permit a judge of the United States Court of
Military Commission Review or a military judge detailed to a
military commission to punish contempt. The provision also
would provide that the punishment for contempt may not exceed
confinement for 30 days, a fine of $1,000, or both and would
establish the conditions under which punishment for contempt
is reviewable.
The House amendment contained no similar provision.
The Senate recedes.
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
The House amendment contained a provision (sec. 1033) that
would prohibit the use of funding authorized to be
appropriated or otherwise made available for the Department
of Defense during the period beginning on the date of the
enactment of this Act and ending on December 31, 2020, to
detain any additional individuals including United States
citizens, under the law of war or pursuant to military
commission proceedings, at the detention facility at the
United States Naval Station, Guantanamo Bay, Cuba. The
provision also would require a plan identifying a disposition
other than continued law of war detention at United States
Naval Station, Guantanamo Bay, Cuba, for each individual
currently detained at Guantanamo.
The Senate bill contained no similar provision.
The House recedes.
Enhancement of authorities on forfeiture of Federal benefits
by the National Guard
The Senate bill contained a provision (sec. 1037) that
would amend section 108 of title 32, United States Code, to
provide that the availability of Federal funds provided to
the National Guard of individual States is contingent upon
compliance with Federal law and policy applicable to the
National Guard. The provision would also authorize the
President to withdraw Federal recognition of National Guard
units and members for failure to comply with Federal law and
policy and would authorize the President to bar units and
individuals from receiving Federal funds if the unit or
individuals fail to comply with Federal law and policy.
The House amendment contained no similar provision.
The Senate recedes.
Public availability of military commission proceedings
The House amendment contained a provision (sec. 1038) that
would amend title 10, United States Code, to provide that, as
to any proceeding of a military commission that is made open
to the public, the military commission judge may order that
the proceedings be made available to be watched remotely by
the public through the internet.
The Senate bill contained no similar provision.
The House recedes.
Limitation on placement by the Under Secretary of Defense for
Personnel and Readiness of work with federally funded
research and development centers
The Senate bill contained a provision (sec. 1039) that
would amend would prohibit the Under Secretary of Defense for
Personnel and Readiness from placing any work with a
federally funded research and development center (FFRDC)
until a report containing a list of all studies, reports,and
other analyses being undertaken for the Under Secretary is
submitted to the Committees on Armed Services of the Senate
and the House of Representatives.
The House amendment contained no similar provision.
The Senate recedes.
Modification and technical correction of authority for
deployment of members of the Armed Forces to the southern
land border of the United States
The House amendment contained a provision (sec. 1044) that
would modify the authority under section 1059 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92) by requiring a certification and notification
requirement prior to the provision of assistance to the
United States Custom and Border Protection at the U.S.
southern land border. Additionally, this section would amend
and add reporting requirements, require that the support be
on a reimbursable basis, and terminate the authority on
September 30, 2023.
The Senate bill contained no similar provision.
The House recedes.
Use of funds for defense of the Armed Forces and United
States citizens against attack by foreign hostile forces
The Senate bill contained a provision (sec. 1045) that
would allow funds authorized to be appropriated by this Act
to be used to ensure the ability of the Armed Forces to
defend themselves, and the United States, against attack.
The House amendment contained no similar provisions.
The Senate recedes.
Prohibition on use of funds for construction of a wall,
fence, or other physical barrier along the southern
border of the United States
The House amendment contained a provision (sec. 1046) that
would prohibit the obligation, expense, or use of funds, that
have been authorized to be appropriated for national defense
in fiscal years 2015 through 2020, 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.
The Senate bill contained no similar provision.
The House recedes.
Limitation on use of funds to house children separated from
parents
The Senate bill contained a provision (sec. 1044) that
would prohibit the use of funds authorized to be appropriated
by this Act to house a child separated from a parent, unless
the Department of Homeland Security demonstrated in a hearing
that the parent or legal guardian was unfit or presented a
danger to the child.
[[Page H9798]]
The House amendment contained a similar provision (sec.
1048) that would prohibit amounts made available to the
Department of Defense for fiscal year 2020 from being used to
house children separated from their parent or legal guardian
by Customs and Border Protection near a port of entry or
within 100 miles of the border of the United States, unless a
state court, an official with the state or county child
welfare agency, or a Custom and Border Protection chief
patrol agent or the area port director determines that the
separation is in the best interest of the child because the
child is in danger of abuse or neglect.
The conference agreement does not include either provision.
Limitation on use of funds for providing housing for
unaccompanied alien children
The House amendment contained a provision (sec. 1049) that
would require the Department of Defense to submit a
congressional certification that any housing provided to
unaccompanied alien children meets the standards of the
Department of Health and Human Services, including those
provided in the Flores settlement agreement.
The Senate bill contained no similar provision.
The House recedes.
Transfer of certain items included in categories I, II, and
III of the United States Munitions List to the Commerce
Control List
The House amendment contained a provision (sec. 1050) that
would prohibit the President from removing 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.
Senate bill contained no similar provision.
The House recedes.
Limitation on use of funds for reimbursement of expenses at
certain properties
The House amendment contained a provision (sec. 1050A) that
would prohibit the obligation or expenditure of funds made
available for the Department of Defense at a list of
properties or to an entity with an ownership interest in such
properties.
The Senate bill contained no similar provision.
The House recedes.
Limitation on use of funds for exhibition of parade of
military forces and hardware for review by the President
The House amendment contained a provision (sec. 1050B) that
would prohibit the use of funds authorized by this Act or
otherwise appropriated for Fiscal Year 2020 for the
Department of Defense from being obligated or expended for
any exhibition or parade of military forces and hardware,
with the exception of ceremonial honors and customary
ceremonial duties, for review by the President outside
authorized military operations.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on use of DOD equipment, personnel, and
facilities for ICE detention
The House amendment contained a provision (sec. 1050C) that
would prohibit the use of facilities, equipment, or personnel
of the Department of Defense to house or to construct housing
for foreign nationals in the custody of U.S. Immigration and
Customs Enforcement.
The Senate bill contained no similar provision.
The House recedes.
Report on joint force plan for implementation of strategies
of the Department of Defense for the Arctic
The Senate bill contained a provision (sec. 1054) that
would require the Secretary of Defense, in coordination with
Secretaries of the military departments, to submit a joint
force plan for implementing the Department of Defense's
December 2016 Report to Congress on the Strategy to Protect
United States National Security Interests in the Arctic
Region and the updated Arctic strategy to improve and enhance
joint operations, which was mandated in the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
The House amendment contained no similar provision.
The Senate recedes.
The conferees note the increasing involvement of near-peer
competitors in the Arctic region and direct the Secretary of
Defense, in coordination with Secretaries of the military
departments, to submit a plan for implementing the June 2019
Department of Defense Arctic Strategy.
Report on use of Northern Tier bases in implementation of
Arctic strategy of the United States
The Senate bill contained a provision (sec. 1055) that
would direct the Secretary of Defense to submit a report to
the congressional defense committees on the use of bases in
the northern latitudes, including Northern Tier bases, for
implementing the recommendations in the December 2016
``Report to Congress on Strategy to Protect United States
National Security Interests in the Arctic Region'' and the
updated Arctic strategy required to be submitted to the
congressional defense committees under section 1071 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees on the use of
bases in the northern latitudes, including Northern Tier
bases, for implementing the recommendations in the June 2019
Department of Defense Arctic Strategy no later than 180 days
after the enactment of this Act.
Comptroller General of the United States report on post-
government employment of former Department of Defense
officials
The Senate bill contained a provision (sec. 1060) that
would require the Comptroller General of the United States to
update a prior report on the post-government employment of
former Department of Defense officials.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Comptroller General of the United
States to initiate a review, not later than 90 days after the
date of the enactment of this Act, updating the information
and findings set forth in the Government Accountability
Office report entitled ``Defense Contracting: Post-Government
Employment of Former DOD Officials Needs Greater
Transparency'' (GAO-08-485), and to provide an interim
briefing on the status of the review to the Committees on
Armed Services of the Senate and the House of Representatives
not later than December 31, 2020, with a report to follow by
a date agreed upon with the committees.
Elimination of requirement to submit reports to Congress in
paper format
The House amendment contained a provision (sec. 1062) that
would enable the Department of Defense to provide reports
required by the Congress in an electronic format rather than
a paper format.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to deliver to
the Committee on Armed Services of the House of
Representatives reports required by Congress in electronic
format only. This practice will begin on a date mutually
agreed upon by the Secretary and the committee. This change
does not apply to the Committee on Armed Services of the
Senate. By eliminating the requirement of the delivery of
congressional reports in paper format, the conferees believe
the Department of Defense will be able to streamline the
reporting process both within the Department and in delivery
of its reports to the Congress. This process would only apply
to unclassified reports.
Additionally, the conferees note that the Department is
required by section 122a of title 10, United States Code, to
ensure that reports are made available to the public, to the
maximum extent practicable, by posting the reports on a
publicly accessible website. The Committee on Armed Services
of the Senate continues to explore means of reducing the
administrative burden to the Department associated with
generating and delivering hard copy paper reports to the U.S.
Senate, however success in this endeavor is contingent on the
Department's compliance with section 122a of title 10, United
States Code.
Sense of Congress regarding modular airborne fire fighting
system
The House amendment contained a provision (sec. 1075) that
would require the Secretary of Defense to 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.
The Senate bill contained no similar provision.
The House recedes.
Report on policies relating to small farms
The House amendment contained a provision (sec. 1077) that
would require the Defense Logistics Agency (DLA) and the
Defense Commissary Agency (DeCA) to submit to the
congressional defense committees a report on policies
relating to small farms.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the DLA and DeCA to submit a report on
the programs, policies, and practices of the DLA and DeCA
relating to small farms, farms owned by new and beginning
farmers, and farmers who are veterans or minorities not later
than 90 days after the date of the enactment of this Act to
the congressional defense committees. The report should
include a description of opportunities and barriers to
expanding the use of such programs, policies, or practices.
Report on financial costs of overseas United States military
posture and operations
The House amendment contained a provision (sec. 1079) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the financial costs
of U.S. military posture and operations overseas.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Department of Defense currently
provides an annual budget exhibit that describes the country-
by-country costs of maintaining overseas posture,
[[Page H9799]]
which estimated worldwide posture costs of just over $24.0
billion in fiscal year 2019. However, the exhibit excludes
considerable costs such as those borne in overseas
contingency accounts and does not account for host nation
contributions, either cash or in-kind, or contributions from
the North Atlantic Treaty Organization (NATO).
Therefore, the conferees direct the Secretary of Defense to
submit a comprehensive report with the budget submission, or
not later than February 15, 2020, to the congressional
defense committees on the actual costs of maintaining the
overseas posture and presence of the U.S. Armed Forces in
fiscal year 2019. The report should address the financial
costs incurred by the United States, as well as financial and
in-kind contributions made by host-countries and multilateral
organizations like NATO, related to overseas enduring and
contingency infrastructure and the presence of permanent and
rotational U.S. Armed Forces.
Additionally, the conferees direct the Comptroller General
of the United States to review the Department's report to
determine whether it accurately captures the full costs of
overseas posture and host nation contributions and to submit
a report to the congressional defense committees not later
than 180 days after the Department's report is submitted to
the committees.
Public availability of Chief Management Office annual budget
reports
The House amendment contained a provision (sec. 1080B) that
would amend section 132a(c)(1)(B) of title 10, United States
Code, to require that the Chief Management Officer's reports
on Defense Agency and Department of Defense Field Activity
proposed budgets for enterprise business operations be made
publicly available on an internet website in a searchable
format.
The Senate bill contained no similar provision.
The House recedes.
Plan to increase and expand cold weather training
The House amendment contained a provision (sec. 1080D) that
would require the Secretary of the Army to conduct an
assessment of cold weather training requirements in light of
increased operations and vulnerability to great power
competition in the Arctic; and develop a plan to increase and
expand cold weather training opportunities.
The Senate bill contained no similar provision.
The House recedes.
The conferees directed the Secretary of Defense to submit a
report to the congressional defense committees not later than
180 days after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2019. The conferees note
that the Department has not provided this report to the
committees and direct the Secretary to expedite completion
and submission of the report by not later than January 31,
2020.
Comptroller General review of Department of Defense support
for the Department of Homeland Security operations on the
southwest border of the United States
The House amendment contained a provision (sec. 1080E) that
would require the Comptroller General of the United States to
conduct a review and provide a report and a briefing on
ongoing and future Department of Defense support for
Department of Homeland Security border security operations.
The Senate bill contained no similar provision.
The House recedes.
Disposal of IPv4 addresses
The House amendment contained a provision (sec. 1088) that
would require the Department of Defense to sell several
blocks of internet protocol version 4 addresses over a period
of ten years.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on denial of Department of Veterans Affairs home
loans for veterans who legally work in the marijuana
industry
The House amendment contained a provision (sec. 1093) that
would prohibit the Secretary of Veterans Affairs from using
as a factor in determining whether to guarantee, issue, or
make a housing loan the fact that an individual's income is
derived from working in the marijuana industry.
The Senate bill contained no similar provision.
The House recedes.
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
The House amendment contained a provision (sec. 1094) that
would require the Secretary of Defense, in consultation with
the Secretary of the Interior, the American Battlefield
Monuments Commission, and other applicable authorities, to
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.
The House amendment also contained a similar provision
(sec. 1099O).
The Senate bill contained no similar provision.
The House recedes.
The conferees honor the service of the 74 crew members of
the U.S.S. Frank E. Evans, who made the ultimate sacrifice on
June 3, 1969, and express their respect and regard for the
family members of the crew, and their unflagging dedication
to sustaining the memory of their Fallen loved ones.
The conferees note that there is an established process for
adding the names of servicemembers to the Vietnam Veterans
Memorial Wall. The conferees believe this process should be
followed to preserve the integrity of the Wall.
Report on executive helicopter flights in the National
Capital Region
The House amendment contained a provision (sec. 1097) that
would require the Secretary of Defense to submit a publicly
available report on the number of helicopter trips used for
executive transport by service branch in the national capital
region for a period of 90 days after enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees, not later
than 90 days after enactment of this Act, which shall be made
publicly available, and shall detail the number of helicopter
missions used for executive transport in the National Capital
Region. The report shall also include a consolidated listing
of all such flights executed from the date of enactment
through 90 calendar days thereafter and a list of the number
of helicopters utilized by each service branch.
Review of foreign currency exchange rates and analysis of
Foreign Currency Fluctuations Appropriation
The House amendment contained a provision (sec. 1099A) that
would require the Under Secretary of Defense (Comptroller) to
review exchange rates to determine whether cost savings
opportunities exist in disbursements pursuant to contracts in
foreign currencies.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the difficulty in predicting
exchange rate fluctuations and urge the Department to
continue investigating methodologies to decrease the
magnitude of fluctuations in the Foreign Currency
Fluctuations, Defense account.
Contracts by the President or Vice President
The House amendment contained a provision (sec. 1099B) that
would amend the federal criminal code (18 U.S.C. 431) to
prohibit the President, Vice President, and members of the
President's Cabinet, or anyone acting on their behalf or for
their benefit, from holding or entering into a contract or
agreement with the United States or any agency of the United
States. Violations would be subject to a fine. Any contract
in violation of the provision would be void automatically,
and any monies advanced by the United States or its agency
pursuant to such a contract or agreement would be subject to
immediate repayment to the government. Absent immediate
repayment, the law would provide that suit should be brought
immediately for the recovery of the advanced monies.
The Senate bill contained no similar provision.
The House recedes.
Interoperability of communications between military
installations and adjacent jurisdictions
The House amendment contained a provision (sec. 1099E) that
would require the Department of Defense Fire and Emergency
Services Working Group to submit a report on military
installations that provide emergency services to areas
outside their installations and the interoperability of
military installations and adjacent civilian agencies.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Department of Defense Fire and
Emergency Services Working Group, not later than 12 months
after the date of the enactment of this Act, to submit a
report to the congressional defense committees on military
installations that provide emergency services to areas
outside their installations and the interoperability of
military installations and adjacent civilian agencies.
Chinese language and culture studies within the Defense
Language and National Security Education Office
The House amendment contained a provision (sec. 1099G) that
would increase the funds authorized for the Defense Human
Resources Activity by $13,404,000 for use by the Defense
Language and National Security Education Office to provide
support for studies related to Chinese language and culture.
The Senate bill contained no similar provision.
The House recedes.
Modification of prohibition on availability of funds for
Chinese language programs at certain institutions of
higher education
The House amendment contained a provision (sec. 1099H) that
would modify section 1091(b) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to require the Secretary of Defense to develop a
transition plan for each institution of higher education
subject to the limitation under paragraph (1)of such section.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that they appreciate the Department of
Defense's effort to ensure
[[Page H9800]]
that institutions of higher education, which no longer host a
Confucius Institute, may regain eligibility to receive funds
from the Department for Chinese language instruction.
Lessons learned and best practices on progress of gender
integration implementation in the Armed Forces
The House amendment contained a provision (sec. 1099I) that
would require the Secretary of Defense to direct each
component of the Armed Force to share lessons learned and
best practices on the progress of their gender integration
implementation plans.
The Senate bill contained no similar provision.
The House recedes.
Strategies for recruitment and retention of women in the
Armed Forces
The House amendment contained a provision (sec. 1099J) that
would direct the Secretary of each military department to
examine successful strategies used by foreign military
services to recruit and retain women and consider
implementing those best practices in the United States Armed
Forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that many of the United States' closest
allies have long been successful in recruiting and retaining
women into their militaries. The Secretary of Defense is
encouraged to examine the techniques used by these countries
and, where possible, implement them in the United States
military.
Honoring last surviving Medal of Honor recipient of Second
World War
The House amendment contained a provision (sec. 1099L) that
would allow the last surviving Medal of Honor recipient of
World War II to lie in honor in the rotunda of the U.S.
Capitol upon death if elected by the individual or next of
kin.
The Senate bill contained no similar provision.
The House recedes.
Credit monitoring
The House amendment contained a provision (sec. 1099M) that
would amend the Fair Credit Reporting Act (Public Law 91-
508).
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding Army Contracting Command-New
Jersey
The House amendment contained a provision (sec. 1099P) that
would express the sense of Congress about the vital role
played by Army Contracting Command-New Jersey.
The Senate bill contained no similar provision.
The House recedes.
Review and report on experimentation with ticks and insects
The House bill contained a provision (sec. 1099Q) that
required the Department of Defense to review whether the
Department experimented with ticks and other insects
regarding use as a biological weapon between the years of
1950 and 1975.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the Department's prioritization of
addressing tick-borne illnesses as a threat to military
forces and their dependents. The conferees support the
Department's research efforts to prevent the occurrence,
diagnoses, and treatment of tick-borne illnesses, including
through the Tick-Borne Disease Research Program established
in Fiscal Year 2016. The conferees note the importance of
continued compliance with the Biological Weapons
Convention which bans the development, production, and
stockpiling of biological weapons of mass destruction.
Pilot program to provide broadband access to military
families and medical facilities on remote and isolated
bases
The House amendment contained a provision (sec. 1099R) that
would direct the Secretary of Defense, in coordination with
the Federal Communication Commission, to conduct a pilot
program under which the Secretary would enter into agreements
with broadband internet providers to extend residential
broadband internet access to families on military
installations located in unserved rural areas in the United
States.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding military working dogs and soldier
handlers
The House amendment contained a provision (sec. 1099S) that
would provide the sense of Congress on the importance of
tactical explosive detection dogs and their soldier handlers
in combat.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the service of military working
dogs and soldier handlers from the tactical explosive
detection program and honor the sacrifices made by them in
combat. The conferees also acknowledge that not all tactical
explosive detection dogs were adopted by their former soldier
handlers and encourage the Army and other government
agencies, including law enforcement agencies, with such dogs
to prioritize adoption to their former handlers. Lastly, the
conferees recognize the efforts of Congressman Walter B.
Jones to promote military working dogs as unsung heroes on
the battlefield and in helping wounded warriors recover from
physical and mental injuries.
Funding limitation for the Erie Canalway National Heritage
Corridor
The House amendment contained a provision (sec. 1099U) that
would amend section 810(a)(1) of the Erie Canalway National
Heritage Corridor Act (Public Law 106-554; 114 Stat. 2763A-
303) by striking ``$12,000,000'' and inserting
``$14,000,000''.
The Senate bill contained no similar provision.
The House recedes.
Inspection of facilities used to house, detain, screen, and
review migrants and refugees
The House amendment contained a provision (sec. 1099V) that
would require the Secretary of Defense, in coordination with
the Comptroller General of the United States and the
Secretary of Health and Human Services, to establish a
process to conduct surprise inspections at Government-owned
or Department of Defense-owned installations where migrants
are housed, detained, screened, or reviewed.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding the 2001 Authorization for Use of
Military Force
The House amendment contained a provision (sec. 1099W) that
would express the sense of Congress that the 2001
Authorization for Use of Military Force (Public Law 107-40;
50 U.S.C. 1541 note) enacted by Congress to authorize the use
of force against those responsible for the terrorist attacks
of September 11, 2001, has been cited 41 times as the legal
basis for the use of force in 19 countries, well beyond the
scope that Congress initially intended. Further, the
provision would convey the sense of Congress that any new
authorization for the use of force should include: (1) A
sunset clause and timeframe within which Congress should
revisit the authority provided; (2) A clear and specific
expression of mission objectives, targets, and geographic
scope; and (3) Reporting requirements to increase
transparency and ensure proper Congressional oversight.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on export of air to ground munitions, related
components and parts of such munitions, and related
services to Saudi Arabia and the United Arab Emirates
The House amendment contained a provision (sec. 1099X) that
would prohibit, for the one-year period beginning on the date
of the enactment of this Act, the President from issuing any
license, and require the President to suspend any license or
other approval for the export to the Government of Saudi
Arabia or the Government of the United Arab Emirates any air
to ground munitions, components, or related services.
The Senate bill contained no similar provision.
The House recedes.
Reporting regarding cancelled appropriations
The Senate bill contained a provision (sec. 6002) that
would require the Comptroller General of the United States to
provide a report to the congressional defense committees on
cancelled appropriations across the federal government.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note the importance of understanding why
appropriations are cancelled and therefore direct the
Comptroller General of the United States to conduct a review
of cancelled federal appropriations and to provide a briefing
to the congressional defense committees and the Budget
Committees of the Senate and the House of Representatives no
later than March 1, 2020, with a report to follow by a date
agreed at the time of the briefing.
The review shall include (1) an assessment of the amount of
appropriations across federal agencies cancelled under
section 1552 of title 31, United States Code, during each of
the fiscal years 2009 through 2018; (2) identifying
information about each cancelled appropriation, including its
type and period of availability; (3)the percentage of each
fiscal year's total appropriations canceled broken down by
agency; (4) an assessment of the extent to which cancelled
appropriations differed significantly across agencies or over
time, the extent to which cancelled appropriations are
correlated with obligation rates, and the extent to which
cancelled appropriations are correlated with the length of
continuing resolutions in the original year of the
appropriation.
Inclusion of progress of the Department of Defense in
achieving auditable financial statements in annual
reports on the Financial Improvement and Audit
Remediation Plan
The Senate bill contained a provision (sec. 6003) that
would amend section 240b(b)(1)(B) of title 10, United States
Code, by requiring that a ranking of each military department
and Defense Agency be included in the annual report in order
of its current progress in achieving auditable financial
statements. The provision further requires that additional
information be provided for each military department or
Defense Agency ranked in the bottom quartile.
The House amendment contained no similar provision.
The Senate recedes.
[[Page H9801]]
Silver Star Service Banner Day
The Senate bill contained a provision (sec. 6005) that
would amend Chapter 1 of title 36, United States Code, to
designate May 1 as Silver Star Service Banner Day.
The House amendment contained no similar provision.
The Senate recedes.
Comptroller General of the United States report on the
effects of continuing resolutions on readiness and
planning of the Department of Defense
The Senate bill contained a provision (sec. 6011) that
would require the Comptroller General of the United States to
provide a report to the congressional defense committees on
the effects of continuing resolutions on the readiness and
financial efficiency of the Department of Defense.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department of Defense has spent
more than 1,000 days under continuing resolutions over the
past 10 years. Despite strong anecdotal evidence of negative
readiness effects and significant financial waste created by
continuing resolutions, a comprehensive tally of their costs,
direct and indirect, has not yet been performed. Therefore,
the conferees direct the Comptroller General of the United
States to deliver a briefing to the congressional defense
committees and the Budget Committees of the Senate and the
House of Representatives no later than March 1, 2020, with a
report to follow by a date agreed at the time of the
briefing.
The report shall examine (1) the extent to which continuing
resolutions impact Department of Defense purchasing power;
(2) the extent to which preparing for and operating under
continuing resolutions negatively affect the efficient usage
of personnel time, including that of Senior Executive Service
personnel and general and flag officers; (3) the extent to
which continuing resolutions negatively affect the
Department's ability to hire; (4) the extent to which the
Department has requested and received anomalies for
continuing resolutions since 2010; (5) the extent to which
continuing resolutions have delayed acquisition programs; (5)
the extent to which the Department has experienced funding
misalignments between appropriations accounts due to
continuing resolutions.
Sense of Congress on the naming of a naval vessel in honor of
Senior Chief Petty Officer Shannon Kent
The Senate bill contained a provision (sec. 6016) that
would express the sense of the Congress on the naming of a
naval vessel in honor of Senior Chief Petty Officer Shannon
Kent.
The House amendment contained no similar provision.
The Senate recedes.
Title XI--Civilian Personnel Matters
Subtitle A--General Provisions
Defense Advanced Research Projects Agency personnel
management authority (sec. 1101)
The Senate bill contained a provision (sec. 1102) that
would increase the number of personnel eligible to be hired
under the personnel management authority to attract experts
in science and engineering under section 1599h of title 10,
United States Code, in the Defense Advanced Research Projects
Agency (DARPA) by 30, bringing the total for DARPA from 100
to 130, and decreasing the number of such positions available
to the laboratories of the military departments by 30, from
40 to 10.
The House amendment contained a similar provision (sec.
1101) that would increase the number of these positions
available to DARPA by 40, bringing its total to 140, with no
decrease in the number of positions available to the
laboratories.
The Senate recedes.
Report on the probationary period for Department of Defense
employees (sec. 1102)
The House amendment contained a provision (sec. 1102) that
would amend section 1599e of title 10, United States Code, to
change the probationary period for Department of Defense
civilian employees from 2 years to 1 year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to conduct an independent review of the
probationary periods applicable to Department of Defense
employees. The amendment would also require the Secretary of
Defense to submit a report detailing the results of the
review to the Committees on Armed Services of the Senate and
House of Representatives, the Committee on Oversight and
Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate.
Civilian personnel management (sec. 1103)
The House amendment contained a provision (sec. 1103) that
would amend section 129 of title 10, United States Code, to
clarify that civilian personnel of the Department of Defense
may not be managed on the basis of man-years, end strength,
or full-time equivalent positions, or maximum number of
employees, and instead will be managed based on the total
force management policies and procedures established under
section 129a of title 10, United States Code, the workload
required to carry out the functions and activities of the
Department, and the funds made available to the Department
for each fiscal year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit
the Secretary of Defense from managing Department of Defense
civilian personnel primarily on the basis of man-years or end
strength.
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1104)
The Senate bill contained a provision (sec. 1103) that
would extend by 1 year the discretionary authority of the
head of a Federal agency to provide allowances, benefits, and
gratuities comparable to those provided to members of the
Foreign Service to the agency's civilian employees on
official duty in a combat zone.
The House bill contained an identical provision (sec.1104).
The conference agreement contains this provision.
One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas (sec. 1105)
The Senate bill contained a provision (sec. 1104) that
would amend section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417), as most recently amended by section 1104 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), to extend through 2020 the
authority of heads of executive agencies to waive limitations
on the aggregate of basic and premium pay of employees who
perform work in an overseas location that is in the area of
responsibility of the commander of U.S. Central Command
(CENTCOM), or a location that was formerly in CENTCOM but is
now in the area of responsibility of the Commander, U.S.
Africa Command, in support of a military operation or an
operation in response to a declared emergency.
The House amendment contained a similar provision (sec.
1105).
The House recedes.
Performance of civilian functions by military personnel (sec.
1106)
The House amendment contained a provision (sec. 1106) that
would amend section 129a of title 10, United States Code, to
ensure that before the Secretary of a military department
directs military personnel to perform the functions of
civilian personnel, the military department concerned is in
compliance with section 129 of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base
(sec. 1107)
The House amendment contained a provision (sec. 1107) that
would amend section 1125 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to extend the authority of the Secretary of Defense to use
direct hire procedures for civilian personnel at domestic
defense industrial base facilities and the Major Range and
Test Facilities Base until 2025.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees note Section 1111 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
repealed the authority of the Secretaries of the military
departments to waive the restriction on the appointment of
retired members of the Armed Forces to positions in the civil
service in the Department of Defense within 180 days of a
servicemember's retirement based on a state of national
emergency.
The conferees remain supportive of this change and note the
relevant statute provides a straightforward process to the
Secretaries of the military departments in the event that
they wish to hire retired servicemembers within the 180-day
post-retirement timeframe. The conferees urge the Department
of Defense to make full use of the existing, and
longstanding, process for hiring recently retired
servicemembers, consistent with applicable law, policy, and
merit principles.
Authority to provide additional allowances and benefits for
certain Defense Clandestine Service employees (sec. 1108)
The House amendment contained a provision (sec. 1108) that
would authorize the provision of additional allowances and
benefits for certain Defense Intelligence Agency, Defense
Clandestine Service employees located in the United States,
limited to 125 covered employees per year for locations with
living costs determined by the Secretary of Defense to be
equal to or higher than the District of Columbia.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of direct hire authorities for the Department of
Defense (sec. 1109)
The House amendment contained a provision (sec. 1111) that
would amend section 9905 of title 5, United States Code, by
consolidating direct hiring authorities for the following
positions:
(1) scientific, technical, engineering, mathematics
positions within the defense acquisition workforce;
[[Page H9802]]
(2) scientific, technical, engineering, mathematics
positions working outside a scientific and technology
reinvention laboratory;
(3) medical or health professional positions;
(4) childcare services positions;
(5) financial management, accounting, auditing, actuarial,
cost estimation, operational research, or business or
business administration positions; and
(6) Department of Defense business transformation and
management innovation positions.
The consolidation of these direct hiring authorities would
sunset on September 30, 2025. In addition, this provision
would require the Secretary of Defense, in coordination with
the Director of the Office of Personnel Management, to
contract with a federally funded research and development
center and submit a report to Congress by February 1, 2021,
on improving competitive hiring at the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove the
requirement for the Department of Defense to contract with a
Federally Funded Research and Development Center to complete
the required report.
Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act (sec. 1110)
The House amendment contained a provision (sec. 1113) that
would amend sections 8905 and 8702 of title 5, United States
Code, to designate certain Federal Employees Health Benefits
Program (FEHBP) and Federal Employees Group Life Insurance
(FEGLI) Program services provided by Federal employees as
excepted services under the Anti-Deficiency Act.
The Senate bill contained no similar provision.
The Senate recedes.
Continuing supplemental dental and vision benefits and long-
term care insurance coverage during a Government shutdown
(sec. 1111)
The House amendment contained a provision (sec. 1114) that
would amend sections 8956, 8986, and 9003 of title 5, United
States Code, to authorize continuing coverage of supplemental
dental and vision benefits and long-term care insurance
during a government shutdown.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on transfer of Office of Personnel Management
(sec. 1112)
The House amendment contained a provision (sec. 1116) that
would prohibit the President or his designee from
transferring, transitioning, merging, or consolidating any
functions, responsibilities, information technology systems,
staff, resources, or records of the Office of Personnel
Management (OPM) with the General Services Administration,
the Office of Management and Budget, or the Executive Office
of the President.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct OPM
to contract with the National Academy of Public
Administration (NAPA) for the conduct of a comprehensive
study and report on the full panoply of OPM missions and
functions; the challenges associated with the Office's
execution of same; and options and recommended courses of
action for addressing those challenges. Not later than 180
days subsequent to its receipt of the NAPA report, OPM would
be required to submit to the appropriate Committees of
Congress its views on the report, any recommendations for
change in the structure, functions, responsibilities, and
authorities of OPM, a business case analysis setting forth
the operational efficiencies and cost savings associated with
any such change, and a proposal for legislative or
administrative actions required to effect the change
proposed. The amendment would preclude the assignment,
transfer, transition, merger, or consolidation of any
function, responsibility, authority, service, system, or
program assigned in law to OPM, to or with the General
Services Administration, the Office of Management and Budget,
or the Executive Office of the President, until on or after
the date that is 180 days after the date on which OPM submits
its views on the NAPA report to Congress, and subject to the
enactment of any legislation required.
Assessment of Accelerated Promotion Program suspension (sec.
1113)
The House amendment contained a provision (sec. 1118) that
would require the Secretary of the Navy to enter into an
agreement with a federally funded research and development
center to conduct an assessment of the impacts resulting from
the Navy's suspension in 2016 of the Accelerated Promotion
Program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and relocation
(sec. 1114)
The Senate bill contained a provision (sec. 1105) that
would amend section 5724b of title 5, United States Code, to
authorize Federal agencies to reimburse individuals
associated with the Federal civil service for all taxes
incurred as a result of travel, transportation, or relocation
expenses reimbursed, or furnished in-kind, by the agency
concerned.
The House amendment contained a similar provision (sec.
1119).
The House recedes with an amendment that would authorize
the Federal agencies to reimburse individuals for taxes
incurred on or after January 1, 2018.
Clarification of limitation on expedited hiring authority for
post-secondary students (sec. 1115)
The House amendment contained a provision (sec. 1120) that
would amend section 3116(d) of title 5, United States Code,
to limit the total number of students eligible to be
appointed under the expedited hiring authority for post-
secondary students to no more than 15 percent of the number
of students that the agency head appointed during the
previous fiscal year at the GS-11 level or below.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of temporary assignments of Department of
Defense employees to a private-sector organization (sec.
1116)
The Senate bill contained a provision (sec. 1101) that
would amend section 1599g (e)(2)(A) of title 10, United State
Code, to allow the Department of Defense to temporarily
transfer or reassign other personnel within the Department to
perform the normal duties and functions of employees who are
participating in a public-private talent exchange.
The House amendment contained no similar provision.
The House recedes.
Extension of authority for part-time reemployment (sec. 1117)
The conference agreement includes a provision that would
extend, for 5 years, the authority of federal agencies to
reemploy retired federal civilian employees under limited
conditions, without offset of annuity against salary, for
certain specified purposes.
Subtitle B--Fair Chance Act
Short title (sec. 1121-1124)
The House amendment contained several provisions (sec. 1131
through sec. 1134) that would prohibit Federal agencies and
contractors from making inquiries regarding a job applicants'
criminal history before extending a conditional offer of
employment.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--ATC Hiring Reform
ATC Hiring Reform (secs. 1131-1135)
The conference agreement includes several provisions (secs.
1131-1135) that would require the Federal Aviation
Administration (FAA) to give hiring preference to veterans
and graduates of FAA Certified Collegiate Training Initiative
(CTI) schools and remove the 10 percent limitation between
the hiring pools created by the FAA Extension Safety and
Security Act of 2016.
LEGISLATIVE PROVISIONS NOT ADOPTED
Prohibited personnel practices
The House amendment contained a provision (sec. 1109) that
would amend section 2302 of title 5, United States Code, to
prohibit Federal employees from discriminating for or against
interns or applicants for internships on the basis of race,
color, religion, sex, national origin, age, or handicapping
condition.
The Senate bill contained no similar provision.
The House recedes.
Enhancement of antidiscrimination protections for Federal
employees
The House amendment contained a provision (sec. 1110) that
would amend section 2301 of title 5, United States Code, to
require Federal agencies to display publicly any findings of
discrimination or retaliation within the agency concerned.
The provision would modify congressional reporting
requirements related to Federal employee antidiscrimination
and retaliation by authorizing electronic submittal of
reports and requiring a report of disciplinary actions
initiated against Federal employees as a result of a
violation of applicable antidiscrimination or retaliation
policies. The provision would also require each Federal
agency to establish a discrimination complaint tracking
system. The provision would also require notations in
employee personnel records of any adverse action taken as a
result of an act of discrimination or retaliation. The
provision would also require each Federal agency to establish
an impartial Equal Employment Opportunity Program that is
independent of the agency's Human Capital or General Counsel
and reports directly to the head of the agency. The provision
would also require the Equal Employment Opportunity
Commission to refer any findings of discrimination or
retaliation within a Federal agency to the Office of Special
Counsel within 30 days.
The Senate bill contained no similar provision.
The House recedes.
Permitted disclosures by whistleblowers
The House amendment contained a provision that would amend
section 2302(b)(8)(B) of title 5, United States Code, to
permit whistleblowers to report fraud, waste, or abuse to the
Inspector General of an agency, a supervisor in the
employee's direct chain of command, or to an employee
designated to receive such disclosures.
The Senate bill contained no similar provision.
[[Page H9803]]
The House recedes.
Interim stay authority to protect whistleblowers
The House amendment contained a provision (sec. 1115) that
would authorize the General Counsel of the Merit Systems
Protection Board to order a 45-day stay of any personnel
action, given grounds to believe the action is a prohibited
personnel practice (including agency reprisal against a
whistleblower). The General Counsel could take such action
during the period beginning on the date of the enactment of
this Act and ending on the first day thereafter that an
individual is confirmed by the Senate as a member of the
Board. Further, under circumstances in which the Board lacks
the number of properly appointed members required to comprise
a quorum, any remaining member of the Board would be
authorized to execute certain Board functions.
The Senate bill contained no similar provision.
The House recedes.
Review of Standard Occupational Classification System
The House amendment contained a provision (sec. 1117) that
would require the Director of the Office of Management and
Budget to categorize public safety telecommunicators as a
protective service occupation under the Standard Occupational
Classification System.
The Senate bill contained no similar provision.
The House recedes.
Title XII--Matters Relating to Foreign Nations
Subtitle A--Assistance and Training
Modification of authority to build capacity of foreign
security forces (sec. 1201)
The House amendment contained a provision (sec. 1201) that
would modify section 333 of title 10, United States Code, to
clarify the eligibility of support for international
coalition operations as well as modify the congressional
notification requirements for support provided pursuant to
such section.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Modification and extension of cross servicing agreements for
loan of personnel protection and personnel survivability
equipment in coalition operations (sec. 1202)
The Senate bill contained a provision (sec. 1202) that
would extend the authority for cross-servicing agreements for
loan of personnel protection and survivability equipment in
coalition operations in Afghanistan through 2024.
The House amendment contained a similar provision (sec.
1202) that would extend section 1207 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291) through December
31, 2024. This authority allows the Secretary of Defense,
with the concurrence of the Secretary of State, to loan
personnel protection and personnel survivability equipment to
military forces of other nations for their use in coalition
operations with the United States as part of a contingency
operation or a peacekeeping operation under the United
Nations Charter or another international agreement.
The Senate recedes.
Modifications of authorities relating to acquisition and
cross-servicing agreements (sec. 1203)
The Senate bill contained a provision (sec. 1282) that
would amend section 2342 of title 10, United States Code
relating to acquisition and cross-servicing agreements
(ACSA). Specifically, the provision would include new
requirements for reimbursement for cost of logistic support,
supplies, and services pursuant to such section. The
provision would also add new requirements for designation of
a non-NATO country under such section by the Secretary of
Defense as well as add new oversight and monitoring
responsibilities to the Under Secretary of Defense for Policy
and to the Director of the Defense Security Cooperation
Agency. The provision would also require the Secretary to
prescribe regulations regarding ACSA and direct the
Comptroller General of the United States to conduct a review
of the implementation by the Secretary of such regulations.
Lastly, the provision would modify the annual reporting
requirements required under such section.
The House amendment contained no similar provision.
The House recedes with an amendment that clarifies the
requirements in section 2342 of title 10, United States Code
for designation of a non-NATO country under such section by
the Secretary of Defense. Further, the amendment adds a
requirement for the Secretary to designate an existing senior
civilian or military official with primary responsibility for
oversight and management of ACSA. Lastly, the provision
clarifies the annual reporting requirements required under
such section.
Modification of quarterly report on obligation and
expenditure of funds for security cooperation programs
and activities (sec. 1204)
The Senate bill contained a provision (sec. 1204) that
would amend section 381(b) of title 10, United States Code,
to change the deadline for submission of the quarterly report
on the use of security cooperation funds from 30 days after
the end of each calendar quarter to 60 days after the end of
each calendar quarter.
The House amendment contained a similar provision (sec.
1203) that would modify the quarterly reporting requirement
on obligation and expenditure of funds for security
cooperation programs and activities from 30 days after the
calendar quarter to 60 days.
The Senate recedes.
Gender perspectives and participation by women in security
cooperation activities (sec. 1205)
The House amendment contained a provision (sec. 1204) that
would modify section 333 of title 10, United States Code, to
require the inclusion of gender perspectives and meaningful
participation by women.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would encourage,
consistent with the Women, Peace, and Security Act of 2017
(Public Law 115-68), the Secretary of Defense, in
coordination with the Secretary of State, to incorporate
gender perspectives and participation by women in security
cooperation activities to the maximum extent practicable.
Plan to provide consistency of administration of authorities
relating to vetting of units of security forces of
foreign countries; modification of assessment,
monitoring, and evaluation of security cooperation
programs and activities (sec. 1206)
The House amendment contained a provision (sec. 1206) that
would require, not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State, to jointly develop, implement, and submit
to the appropriate congressional committees, 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).
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Extension of authority for support of special operations for
irregular warfare (sec. 1207)
The Senate bill contained a provision (sec. 1201) that
would extend for 5 years section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
The House amendment contained a similar provision (sec.
1208) that would extend for 3 years section 1202 of the
National Defense Authorization Act for Fiscal Year 2018.
The Senate recedes.
Extension and modification of Commanders' Emergency Response
Program and elimination of certain payments to redress
injury and loss (sec. 1208)
The Senate bill contained a provision (sec. 1213) that
would extend the authorization for the Commanders' Emergency
Response Program in Afghanistan through December 31, 2020,
and would authorize $5.0 million for use during calendar year
2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
$2.5 million for the Commanders' Emergency Response Program,
and eliminate the authority for certain payments to redress
injury and loss in Afghanistan, Iraq, Syria, Somalia, Libya,
and Yemen, which is addressed elsewhere in this act.
Two-year extension of program authority for Global Security
Contingency Fund (sec. 1209)
The Senate bill contained a provision (sec. 1203) that
would amend section 1207 of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151) to
extend for 2 years the funding for the Global Security
Contingency Fund. The Senate bill contained another provision
(sec. 6203) that would add an exception to the funds,
allowing amounts appropriated and transferred to the Fund
before September 30, 2019, to remain available for
obligation and expenditure after that date, but only for
programs under subsection (b).
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Legal institutional capacity building initiative for foreign
defense institutions (sec. 1210)
The Senate bill contained a provision (sec. 1205) that
would authorize the Secretary of Defense to carry out,
consistent with section 332 of title 10, United States Code,
a program of legal institutional capacity building with one
or more foreign countries to enhance the capacity to organize
and administer the legal institutions of such country or
countries.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
elements of the authorized initiative as well the annual
reporting requirements.
Department of Defense support for stabilization activities in
national security interest of the United States (sec.
1210A)
The Senate bill contained a provision (sec. 1206) that
would authorize the Secretary of Defense, with the
concurrence of the Secretary of State and in consultation
with the Administrator of the United States Agency for
International Development, to provide certain support for the
stabilization activities of other Federal agencies.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
types and amounts of
[[Page H9804]]
support authorized to be provided as well as the countries in
which such support may be provided.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan (sec. 1211)
The Senate bill contained a provision (sec. 1211) that
would extend the authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan through December 31, 2021.
The House amendment contained a similar provision (sec.
1213) that would extend the authority through December 31,
2022.
The Senate recedes.
Extension and modification of authority to acquire products
and services produced in countries along a major route of
supply to Afghanistan (sec. 1212)
The Senate bill contained a provision (sec. 804) that would
extend the authority under section 801(f) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84) for the acquisition of products and services produced
in countries along a major route of supply to Afghanistan
through December 31, 2021.
The House amendment contained a similar provision (sec.
1214) that would extend this authority through December 31,
2021 and require the Secretary of Defense to submit a report
on the use of the authority.
The Senate recedes.
Authority for certain payments to redress injury and loss
(sec. 1213)
The House amendment contained a provision (sec. 1215) that
would authorize $5.0 million from the Office of the Secretary
of Defense under the Operation and Maintenance, Defense-wide
account, for ex gratia payments for damage, personal injury,
or death that is incident to combat operations of the United
States Armed Forces in certain countries, through December
31, 2020.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
$3.0 million for this authority for each calendar year
through December 31, 2022 and strike the specific country
designations.
Extension and modification of semiannual report on enhancing
security and stability in Afghanistan (sec. 1214)
The Senate bill contained a provision (sec. 6217) that
would amend section 1225(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) to incorporate the August 2017
Strategy of the United States into the reporting requirement
and require an assessment of the United States
counterterrorism mission, Department of Defense efforts in
support of reconciliation, and the expansion of the Afghan
Government's reach throughout Afghanistan.
The House amendment contained a similar provision (sec.
1216) that would extend the report through December 15, 2022
and modify certain elements.
The Senate recedes with an amendment that would require the
report include the assessment of the United States
counterterrorism mission and efforts to support
reconciliation and expand the reach of the Government of
Afghanistan throughout Afghanistan.
Special Immigrant Visa Program reporting requirement (sec.
1215)
The House amendment contained a provision (sec. 1217) that
would require the Inspector General of the Department of
State to submit a report that evaluates the obstacles to
effective protection of Afghan and Iraqi allies through the
Special Immigrant Visa Program and suggestions for
improvements in future programs.
The Senate bill contained no similar provision.
The Senate recedes.
Meaningful inclusion of Afghan women in peace negotiations
(sec. 1216)
The Senate bill contained a provision (sec. 6215) that
would require the Secretary of State, in coordination with
the Secretary of Defense, to carry out activities to ensure
the meaningful participation of Afghan women in the ongoing
peace process in Afghanistan consistent with the Women,
Peace, and Security Act of 2017 (22 U.S.C. 2151 note; Public
Law 115-68), and to submit a report to the appropriate
congressional committees on such activities.
The House amendment contained a similar provision (sec.
1218) that would require the Secretary of Defense, in
coordination with the Secretary of State, to seek to ensure
the meaningful participation of Afghan women in the ongoing
peace process in Afghanistan, consistent with Public Law 115-
68.
The House recedes with an amendment that would require the
Secretary of State, in coordination with the Secretary of
Defense, to advocate for the inclusion of Afghan women in
ongoing and future negotiations to end the conflict in
Afghanistan.
Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations (sec. 1217)
The Senate bill contained a provision (sec. 1214) that
would extend the authority for reimbursement of certain
coalition nations for support provided to United States
military operations through December 31, 2020. The provision
would also eliminate reimbursements for Pakistan under this
authority, as reimbursements for Pakistan's efforts to
sustain security along its border with Afghanistan are
already authorized under section 1213 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
The House amendment contained a similar provision (sec.
1211) that would extend the authority through December 31,
2020.
The House recedes with an amendment that would authorize
$450.0 million for use under this authority.
Support for reconciliation activities led by the Government
of Afghanistan (sec. 1218)
The Senate bill contained a provision (sec. 1215) that
would authorize the Department of Defense, with the
concurrence of the Department of State, to provide support
for local level, Government of Afghanistan-led reconciliation
activities with the Taliban.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment. The
conferees note that this provision does not authorize direct
reimbursements to members or elements of the Taliban.
Modification and Extension of the Afghan Special Immigrant
Visa Program (sec. 1219)
The Senate bill contained a provision (sec. 1216) that
would express support for the Special Immigrant Visa Program
for Afghan allies.
The House amendment contained a provision (sec. 1212) that
would modify and extend the Afghan Allies Protection Act of
2009 (Public Law 111-8) by adjusting the number of visas
available and individual eligibility requirements. It would
not modify the length of employment or security criteria that
an applicant must meet.
The Senate recedes with an amendment that would make an
additional 4,000 visas available through the Afghan Special
Immigrant Visa Program.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Modification of authority and limitation on use of funds to
provide assistance to counter the Islamic State of Iraq
and Syria (sec. 1221)
The Senate bill contained a provision (sec. 1222) that
would extend the authority to provide assistance to counter
the Islamic State of Iraq and Syria under section 1236 of the
Carl Levin and Howard P. ``Buck'' National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291)
through December 31, 2021, and provide $645 million for use
under the authority. Additionally, the section would limit
certain funds under this authority until the Secretary of
Defense submits a report to the congressional defense
committees.
The House amendment contained a provision (sec. 1221) that
would provide $663 million for use under the authority,
modify existing report requirements, and make clarifying and
technical corrections. Additionally, the provision would
limit certain funds under this authority until the Secretary
of Defense submits a report on the use of the authority and
other matters.
The Senate recedes with an amendment that would extend the
authority and modify associated reporting requirements.
The conferees note the importance of an all-of-government
approach in securing the lasting defeat of the Islamic State
of Iraq and Syria, extinguishing the drivers of future
insurgency and instability, and advancing U.S. interests in
Iraq. The conferees believe that non-military lines of effort
must be appropriately resourced and staffed for the U.S.
strategy for Iraq to be successful.
Extension and modification of authority to provide assistance
to the vetted Syrian groups and individuals (sec. 1222)
The Senate bill contained a provision (sec. 1221) that
would modify section 1209 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (FY 2015 NDAA (Public Law 113-291)) by extending
the authority to provide assistance to vetted Syrian groups
through 2020. The provision would additionally modify the
authority to support the temporary detention and repatriation
of Islamic State of Iraq and Syria (ISIS) foreign terrorist
fighters in accordance with the Laws of Armed Conflict and
Geneva Conventions. The provision would also expand certain
reporting requirements.
The House amendment contained a provision (sec. 1222) that
would extend and modify section 1209 of the FY 2015 NDAA by
extending the authority to support vetted Syrian opposition
through December 30, 2020.
The Senate recedes with an amendment that would modify the
purposes of the authority. Further, the amendment would
modify the notification before provision of assistance, the
matters to be included in quarterly progress reports, the
authority to accept contributions, and the limitation on the
cost of construction and repair projects. Finally, the
amendment would place a limitation on the obligation of funds
pending submission of the first quarterly report.
Modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq
(sec. 1223)
The Senate bill contained a provision (sec. 1223) that
would extend the authorization for the Office of Security
Cooperation in Iraq through fiscal year 2020 and would amend
the Office's authority to support security cooperation
activities in Iraq. The provision
[[Page H9805]]
would reduce the funds available for this authority from
$45.3 million to $30.0 million.
The House amendment contained a similar provision (sec.
1223) that would extend the authority for the Office of
Security Cooperation in Iraq through fiscal year 2020. The
provision would also limit the amount of authorized funds
available to be obligated or expended to not more than 50
percent until the Secretary of Defense certifies that certain
reforms are completed.
The Senate recedes with an amendment that would combine the
two provisions and make technical edits.
The conferees note the challenges attendant in effective
security cooperation and believe the Department should seek
to staff security cooperation offices with more foreign area
officers, particularly in the U.S. Central Command area of
responsibility.
Establishing a coordinator for detained ISIS members and
relevant displaced populations in Syria (sec. 1224)
The Senate bill contained a provision (sec. 1224) that
would require the President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of
National Intelligence, and the Attorney General, to designate
an existing official within the Executive Branch as senior-
level coordinator to coordinate all matters for the United
States Government relating to the long-term disposition of
members of the Islamic State of Iraq and Syria (ISIS) and
associated forces.
The House amendment contained a similar provision (sec.
1036).
The Senate recedes with an amendment that would require,
not later than 60 days after the date of the enactment of
this Act, the President, in consultation with the Secretary
of Defense, the Secretary of State, the Director of National
Intelligence, the Secretary of the Treasury, and the Attorney
General, to submit to appropriate committees of Congress a
report identifying whether there exists a senior-level
coordinator for all matters for the United States Government
relating to ISIS members in the custody of Syrian Democratic
Forces. If the President is unable to identify a senior-level
coordinator for such matters, the President, in consultation
with the officials enumerated above, shall designate an
existing official within the executive branch to serve in
that capacity. The amendment further provides that not later
than 180 days after the date of the enactment of this Act,
and not less frequently than once each year thereafter
through January 31, 2021, the senior-level coordinator shall
submit to appropriate committees of Congress a detailed
report on certain high-value ISIS detainees.
The conferees believe that the coordinator identified
pursuant to this provision should be empowered by the
President and of sufficient seniority to adequately leverage
and coordinate the expertise and capabilities of the State
Department, Department of Defense, Department of Justice,
Department of Treasury, intelligence community, and other
relevant entities engaged in the repatriation, transfer, and
prosecution of members of ISIS.
Report on lessons learned from efforts to liberate Mosul and
Raqqah from control of the Islamic State of Iraq and
Syria (sec. 1225)
The Senate bill contained a provision (sec. 1225) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on lessons learned from
coalition operations to liberate Mosul, Iraq, and Raqqah,
Syria, from control of the Islamic State of Iraq and Syria.
The House amendment contained no similar provision.
The House recedes.
Expansion of availability of financial assets of Iran to
victims of terrorism (sec. 1226)
The Senate bill contained a provision (sec. 6206) that
would amend section 502 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8772) to expand the
availability of financial assets of Iran to victims of
terrorism.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Report on the status of deconfliction channels with Iran
(sec. 1227)
The House amendment contained a provision (sec. 1228) that
would require, not later than 30 days after the enactment of
this Act, the President to submit a report on the status of
deconfliction channels with Iran.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Prohibition on provision of weapons and other forms of
support to certain organizations (sec. 1228)
The House amendment contained a provision (sec. 1224) that
would prohibit the use of funds authorized to be appropriated
by this Act or otherwise made available for the Department of
Defense for fiscal year 2020 to provide weapons or any form
of support to al-Qaeda, the Islamic State of Iraq and Syria,
Jabhat Fateh al Sham, any individual or group associated with
these organizations, or any entity the Secretary of Defense
determined may trade or sell arms to terrorist organizations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that adds Hamas,
Hizballah, Palestine Islamic Jihad, al-Shabaab, and Islamic
Revolutionary Guard Corps to the list of organizations to
which the provision of weapons or any form of support is
proscribed.
Subtitle D--Matters Relating to the Russian Federation
Extension of limitation on military cooperation between the
United States and Russia (sec. 1231)
The Senate bill contained provisions (sec. 1233 and sec.
6210) that would extend through fiscal year 2020 the
prohibition established in section 1232 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328) as most recently amended by the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), which prohibits funds authorized to be
appropriated for the Department of Defense from being used
for bilateral military-to-military cooperation between the
United States and the Russian Federation without certain
certifications by the Secretary of Defense, made in
coordination with the Secretary of State, or unless
certain waiver conditions are met.
The House amendment contained a similar provision (sec.
1232) that would extend through fiscal year 2020 the
prohibition established in section 1232 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328).
The Senate recedes.
The conferees note that, as established in Section 1232,
nothing in the limitation shall be construed to limit
bilateral military-to-military dialogue between the United
States and the Russian Federation for the purpose of reducing
the risk of conflict.
Prohibition on availability of funds relating to sovereignty
of Russia over Crimea (sec. 1232)
The Senate bill contained two provisions (sec. 1231 and
sec. 6231) that would prohibit funds authorized to be
appropriated by this Act for fiscal year 2020 for the
Department of Defense to be obligated or expended to
implement any activity that recognizes the sovereignty of the
Russian Federation over Crimea. The provisions would also
prohibit the Department to otherwise implement any such
activity.
The House amendment contained a similar provision (sec.
1233) that would prohibit funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense to be obligated or expended to
implement any activity that recognizes the sovereignty of
Russia over Crimea.
The House recedes with an amendment that would prohibit
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for the Department of
Defense to be obligated or expended to implement any activity
that recognizes the sovereignty of Russia over Crimea. The
amendment would allow the Secretary of Defense, with the
concurrence of the Secretary of State, to waive the
prohibition if the Secretary: determines that a waiver is in
the national security interest of the United States; and on
the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason
for seeking the waiver to specified congressional committees.
Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between the United
States and Russia (sec. 1233)
The House amendment contained a provision (sec. 1236) that
would express the sense of the Congress that the Secretary of
Defense and Secretary of State should explore steps for
updating and modernizing existing agreements between the
United States and Russia to avert the risk of miscalculation
and unintended escalation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would express the
sense of the Congress that: (1) conventional arms control and
confidence and security building measures have played an
important role in helping to increase military transparency
and reduce the risk of miscalculation; (2) Russia's
violations of the sovereignty and territorial integrity of
Georgia and Ukraine, and Russia's ongoing destabilizing and
aggressive behavior, have undermined peace, security, and
stability in Europe and beyond; (3) Russia's unilateral
suspension and violation of the Treaty on Conventional Armed
Forces in Europe, done at Vienna November 19, 1990, and
entered into force November 9, 1992, and selective
implementation of the Vienna Document of the Organization for
Security and Cooperation in Europe 2011 have contributed to a
greater risk of miscalculation; (4) Russia's unsafe and
unprofessional interactions with United States aircraft and
vessels are contrary to the spirit of specified existing
agreements and erode military transparency, predictability,
and trust; (5) the United States remains committed to
upholding its current treaty obligations and commitments with
respect to conventional arms control and confidence and
security building measures; and (6) the Secretary of Defense
and the Secretary of State should explore options, as
practicable, for updated or new frameworks for increasing
military transparency, stability, and reducing the risk of
miscalculation, including through enhanced diplomatic
engagement and military-to-military dialogue.
United States participation in Open Skies Treaty (sec. 1234)
The Senate bill contained a provision (sec. 1242) that
would realign the requirement
[[Page H9806]]
contained in section 1235(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91)
from fiscal year to calendar year. The provision would also
reduce the frequency of the reporting requirement in section
1236 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) from quarterly to annual.
The House amendment contained a provision (sec. 1231) that
would make a series of findings and express the sense of
Congress relating to the Open Skies Treaty. The provision
would also prohibit the obligation or expenditure of any
funds authorized to be appropriated by this Act for the
Department of Defense to take any action to suspend,
terminate, or withdraw the United States from the treaty.
This prohibition would not apply if the Secretary of Defense
and Secretary of State jointly certify that Russia is in
material breach of its obligations under the treaty, and that
all other states parties to the treaty concur with this
assessment; or, that withdrawing from the treaty is in the
best interests of U.S. national security and all other states
parties have been consulted with respect to this decision.
The provision would also repeal the limitation on the use of
funds to vote to approve or otherwise adopt an implementing
decision of the Open Skies Consultative Commission in section
1236 of the National Defense Authorization Act for Fiscal
Year 2017. The provision would also modify the reporting
requirement in section 1236 to include assessments of data
collected on U.S. observation flights under the treaty, and
reduce the reporting frequency from quarterly to biannual.
Finally, the provision would make the same realignment to
section 1235(a) of the National Defense Authorization Act for
Fiscal Year 2018 but would change the report to a briefing.
The Senate recedes with amendments that would strike the
findings, sense of Congress, and prohibition on obligation or
expenditure of funds for suspension, termination, or withdraw
from the treaty, and replace with a requirement to notify the
appropriate congressional committees no less than 120 days
before such actions. The amendments would also reduce the
frequency of the section 1236 reporting requirement from
quarterly to annual, and retain the section 1235(a)
requirement for a report instead of a briefing.
Modifications of briefing, notification, and reporting
requirements relating to non-compliance by the Russian
Federation with its obligations under the INF Treaty
(sec. 1235)
The Senate bill contained a provision (sec. 1237) that
would terminate four recurring reporting requirements
relating to the Intermediate-Range Nuclear Forces Treaty if
the treaty is no longer in force.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Report on treaties relating to nuclear arms control (sec.
1236)
The House amendment contained a provision (sec. 1235) that
would note that the Committees on Armed Services and Foreign
Affairs of the House of Representatives sent a letter to the
Secretary of Defense in October 2018 requesting information
on several aspects of U.S. policy related to nuclear arms
control, and that the Secretary of Defense did not respond to
that letter. The provision would also require the Secretary
of Defense, in consultation with the Secretary of State and
the Director of National Intelligence, to submit to the
appropriate congressional committees a report on similar
subjects. The provision would withhold 20 percent of funds
authorized to be appropriated for operations and maintenance,
defense-wide, for the Office of the Secretary of Defense for
travel until such report is submitted.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees believe that reliable communication between
the congressional defense committees and the Department is
essential for the conduct of effective oversight.
Reports relating to the New START Treaty (sec. 1237)
The House amendment contained a provision (sec. 1240A) that
would express the sense of Congress that the United States
should seek to extend New START, and prohibit the use of
funds authorized to be appropriated for the Department of
Defense by this Act for any actions to withdraw from the
treaty. The provision would also require the Director of
National Intelligence, the Secretary of State, and the
Secretary of Defense to each submit several reports to the
appropriate congressional committees on subjects relating to
the treaty and its potential expiration.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
prohibition on the use of funds, express the sense of
Congress that legally binding, verifiable limits on Russian
strategic nuclear forces are in the national security
interest of the United States, and modify the number and
required elements of the reports.
Report on military activities of the Russian Federation and
the People's Republic of China in the Arctic region (sec.
1238)
The Senate bill contained a provision (sec. 6214) that
would require not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, to submit to the appropriate
congressional committees a report on the activities of the
Russian Federation and the People's Republic of China in the
Arctic region.
The House amendment contained no similar provision.
The House recedes with an amendment containing technical
clarifications.
Updated strategy to counter the threat of malign influence by
the Russian Federation and other countries (sec. 1239)
The Senate bill contained a provision (sec. 6216) that
would require the Secretary of Defense and the Secretary of
State to jointly update the comprehensive strategy to counter
the threat of malign influence developed pursuant to section
1239A of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1667) and to submit a
report detailing the updated strategy to the appropriate
congressional committees not later than 180 days after the
date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Matters Relating to Europe and NATO
Sense of Congress on support for the North Atlantic Treaty
Organization (sec. 1241)
The Senate bill contained multiple provisions (sec. 1244-
1246) that would express the sense of the Senate regarding
the North Atlantic Treaty Organization and European security
matters.
The House amendment contained multiple similar provisions
(sec. 1237, 1238, 1254, 1257, and 1261).
The House recedes with an amendment that would express the
sense of the Congress that the North Atlantic Treaty
Organization is the most successful military alliance in
history, founded on the principles of democracy, individual
liberty, and the rule of law, and its contributions to the
collective defense are indispensable to the security,
prosperity, and freedom of its members. The amendment would
also express that the United States must remain ironclad in
its commitment to uphold its obligations under the North
Atlantic Treaty, including Article 5 of such treaty.
Prohibition on the use of funds to suspend, terminate, or
provide notice of denunciation of the North Atlantic
Treaty (sec. 1242)
The Senate bill contained a provision (sec. 1232) that
would prohibit funds authorized to be appropriated by this
Act to be obligated, expended, or reprogrammed for the
withdrawal of the United States Armed Forces from Europe
during the 1-year period beginning on the date that the
President should ever provide notice of withdrawal of the
United States from the North Atlantic Treaty, done at
Washington, D.C. on April 4, 1949, pursuant to Article 13 of
the treaty.
The House amendment contained a similar provision (sec.
1260A) that would make a series of findings related to the
North Atlantic Treaty Organization (NATO), state the policy
of the United States with respect to NATO, and prohibit funds
authorized to be appropriated, obligated, or expended to take
any action to withdraw the United States from the North
Atlantic Treaty, done at Washington, D.C. on April 4, 1949.
The Senate recedes with an amendment that would provide
that, notwithstanding any other provision of law, no funds
may be obligated, expended, or otherwise made available
during the period beginning on the date of enactment of this
Act and ending on December 31, 2020, to take any action to
suspend, terminate, or provide notice of denunciation of the
North Atlantic Treaty, done at Washington, D.C. on April 4,
1949. The conferees strongly support membership in NATO, the
most successful military alliance in history, as a
cornerstone of the security and national defense of the
United States.
The conferees affirm the ironclad commitment of the United
States to uphold its obligations under the North Atlantic
Treaty, including under Article 5 of such treaty. Therefore,
the conferees oppose in the strongest possible terms any
action to effectuate withdrawal of the United States from
NATO, including suspension, termination, or denunciation of
the North Atlantic Treaty.
Future years plans and planning transparency for European
Deterrence Initiative (sec. 1243)
The Senate bill contained a provision (sec. 1241) that
would require the Secretary of Defense, in consultation with
the Commander of the United States European Command, to
submit to the congressional defense committees a future years
plan on activities and resources of the European Deterrence
Initiative (EDI) for fiscal year 2020 and not fewer than the
4 succeeding fiscal years.
The House amendment contained a provision (sec. 1252) that
would require an annual ``Future Years Plan'' for EDI as
previously required by section 1237(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91), and require the Department's budget request
materials for EDI to include a display that clearly and
concisely communicates to Congress, at an appropriate level
of detail, which budget lines constitute EDI.
The House amendment also contained a provision (sec. 1253)
that would require a congressional report for each obligation
of EDI funds above a threshold of $10.0 million and a report
at the end of each fiscal year detailing how EDI funds were
spent during the
[[Page H9807]]
fiscal year in comparison to their intended uses.
The Senate recedes with an amendment that would require the
Secretary of Defense to submit to the congressional defense
committees a future years plan on activities and resources of
EDI for fiscal year 2020 and not fewer than the 4 succeeding
fiscal years. The amendment would also require, not later
than the date on which the Secretary of Defense submits to
Congress the budget request for the Department of Defense for
fiscal year 2021 and each fiscal year after thereafter, the
Secretary to submit to the congressional defense committees a
future years plan on activities and resources of EDI for such
fiscal year and not fewer than the four succeeding fiscal
years. The amendment would also require an annual report on
the obligation of EDI funds in a given fiscal year.
Modification and extension of Ukraine Security Assistance
Initiative (sec. 1244)
The Senate bill contained a provision (sec. 1234) that
would extend through December 31, 2022, the authority under
section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), as amended by section
1246 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), for the Secretary
of Defense, with the concurrence of the Secretary of State,
to provide security assistance, including defensive lethal
assistance, and intelligence support to military and other
security forces of the Government of Ukraine. The provision
would also add coastal defense cruise missiles and anti-ship
missiles to the categories of appropriate security assistance
and intelligence support. The provision would authorize up to
$300.0 million in fiscal year 2020 to provide security
assistance to Ukraine, of which $100.0 million would be
available only for lethal assistance.
The House amendment contained a similar provision that
would authorize $250.0 million for the Ukraine Security
Assistance Initiative. The provision would also require
concurrence by the Secretary of State in the provision of
assistance.
The Senate recedes with an amendment that would authorize
$300.0 million for the Ukraine Security Assistance
Initiative, of which $50.0 million would be available only
for lethal assistance. The amendment would add coastal
defense cruise missiles and anti-ship missiles to the
categories of appropriate security assistance and
intelligence support. The amendment would also require
concurrence by the Secretary of State in the provision of
assistance and extend the authority to December 31, 2022.
Limitation on transfer of F-35 aircraft to Turkey (sec. 1245)
The Senate bill contained provisions (sec. 1236, 6218, and
6236) that would, among other things, place limitations on
the transfer of F-35 aircraft to the territory of the
Republic of Turkey, provide a waiver to such limitations
subject to a certification of certain conditions met by the
Government of Turkey, and express the sense of the Senate
regarding the Government of Turkey's purchase of the S-400
air defense system.
The House amendment contained similar provisions (sec. 1255
and 1267) that would, among other things, place limitations
on the transfer of F-35 aircraft to Turkey, provide a waiver
to such limitations subject to a certification of certain
conditions met by the Government of Turkey, and express the
sense of Congress on Turkey's potential acquisition of the
Patriot system from the United States.
The Senate recedes with an amendment that would provide
that none of the funds authorized to be appropriated or
otherwise made available for the Department of Defense may be
used to do the following, and the Department may not
otherwise do the following: transfer, facilitate the
transfer, or authorize the transfer of, any F-35 aircraft or
related support equipment or parts to Turkey; 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 construct a storage facility for, or
otherwise facilitate the storage in Turkey of, any F-35
aircraft transferred to Turkey. The amendment would allow the
Secretary of Defense, jointly with the Secretary of State, to
waive such limitation if the Secretaries submit to the
appropriate committees of Congress a written certification
that contains a determination by the Secretaries, and any
relevant documentation on which the determination is based,
that the Government of Turkey, having previously accepted
delivery of the S-400 air and missile defense system from the
Russian Federation: no longer possesses the S-400 air and
missile defense system or any other equipment, materials,
or personnel association with such system; has provided
credible assurances that the Government of Turkey will not
in the future accept delivery of such system; and has not,
since July 31, 2019, purchased or accepted delivery of
defense equipment from the Russian Federation in addition
to the S-400 air and missile defense system that would
increase the risk of compromising the capabilities of the
F-35 aircraft and its associated systems. The amendment
would not allow the Secretary of Defense and Secretary of
State to waive the limitation until 90 days after the date
on which the Secretaries submit the required
certification. The amendment would also express the sense
of Congress that, among other things, the acceptance of
the S-400 air and missile defense system by Turkey
constitutes a significant transaction within the meaning
of section 231(a) of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (Public Law 115-44). The
amendment would further express that the President should
implement sanctions under section 235 of that Act with
respect to any individual or entity determined to have
engaged in such significant transaction as if such person
were a sanctioned person for purposes of such section. The
amendment would also authorize the Secretary of Defense to
fly up to six Turkish F-35 aircraft to a storage location
in the United States and to induct these aircraft into a
long-term storage condition. The amendment would further
authorize the Secretary of Defense to expend up to $30.0
million of funds authorized to be appropriated for fiscal
year 2020 for the Department of Defense to conduct
activities associated with storage, preservation, and
developing a plan for the final disposition of such F-35
aircraft and Turkish F-35 aircraft equipment. The
amendment would also require a report and notification of
expenditure of funds under specified conditions.
Baltic defense assessment; extension and modification of
security assistance for Baltic countries for joint
program for interoperability and deterrence against
aggression (sec. 1246)
The Senate bill contained a provision (sec. 1238) that
would amend section 1279D of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) by
modifying and extending the authority of the Secretary of
Defense, with the concurrence of the Secretary of State, to
conduct or support a single joint program of the Baltic
nations to improve interoperability and build their capacity
to deter and resist aggression by the Russian Federation. The
provision would modify the authority by: adding command,
control, communications, computers, intelligence,
surveillance, and reconnaissance equipment to defense
articles and services eligible for a joint program;
increasing the total amount of assistance that may be
provided under the authority to $125.0 million; requiring
that the amount of assistance provided may not exceed the
aggregate amount contributed to the joint program by the
Baltic nations; and extending the date of termination of the
authority to December 31, 2022. The House amendment contained
a similar provision (sec. 1260B) that would modify and extend
the authority by: adding intelligence, surveillance, and
reconnaissance equipment to defense articles and services
eligible for a joint program, increasing the amount of
assistance to $125.0 million; extending the date to December
31, 2021; and requiring a report on the use of funding.
The House amendment also contained provisions (secs. 1271-
1274) that would establish findings with regard to the Baltic
nations; express the sense of the Congress that the United
States is committed to the security of the Baltic nations;
and require the Secretary of Defense and Secretary of State
to jointly conduct an assessment of the military requirements
of the Baltic countries to deter and resist aggression by
Russia and to submit a report related to such assessment.
The Senate recedes with an amendment that would combine
both the Senate and House sections to extend and modify the
authority to conduct or support a single joint program of the
Baltic nations. The amendment would also require the defense
assessment as provided in the House amendment.
Extension of authority for and report on training for Eastern
European national security forces in the course of
multilateral exercises (sec. 1247)
The Senate bill contained a provision (sec. 1235) that
would extend through December 31, 2022, the authority
provided in section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
as amended by section 1205 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91),
for the Secretary of Defense, with the concurrence of the
Secretary of State, to provide multilateral or regional
training, and pay the incremental expenses of participating
in such training, for countries in Eastern Europe that are
signatories to the Partnership for Peace Framework Documents
but not members of the North Atlantic Treaty Organization
(NATO) or that became NATO members after January 1, 1999.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
authority for training Eastern European national security
forces in the course of multilateral exercises through
December 31, 2021. Not later than 180 days after the date of
the enactment of this Act, the amendment would require the
Secretary of Defense, in consultation with the Commander of
United States European Command, to submit to the
congressional defense committees a report on the authority.
Extension and modification of NATO Special Operations
Headquarters (sec. 1248)
The Senate bill contained a provision (sec. 1281) that
would extend for 5 years the authority established in section
1244 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84), as most recently amended by
section 1280 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92).
The House amendment contained a similar provision (sec.
1251) that would extend
[[Page H9808]]
through fiscal year 2023 section 1244 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84),
as most recently amended by section 1280 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92), for the NATO Special Operations Headquarters (NSHQ)
and also limit funding for the NSHQ until the Secretary of
Defense, acting through the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict, provides a
report on the decision to realign responsibilities for
overseeing and supporting NSHQ from U.S. Special Operations
Command to U.S. European Command.
The Senate recedes with a technical amendment.
North Atlantic Treaty Organization Joint Force Command (sec.
1249)
The Senate bill contained a provision (sec. 6213) that
would authorize the establishment of, and participation of
members of the armed forces in, the North Atlantic Treaty
Organization Joint Force Command, including the use of
Department of Defense facilities and equipment as well as
funds authorized to be appropriated to the Department of
Defense for fiscal year 2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
available amounts authorized to be appropriated to the
Department of Defense to support the North Atlantic Treaty
Organization Joint Force Command to be established in the
United States.
Report on North Atlantic Treaty Organization Readiness
Initiative (sec. 1250)
The Senate bill contained a provision (sec. 1239) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the North Atlantic
Treaty Organization Readiness Initiative not later than
October 1, 2020.
The House amendment contained no similar provision.
The House recedes.
Repeal of prohibition on transfer of articles on the United
States Munitions List to the Republic of Cyprus (sec.
1250A)
The Senate bill contained a provision (sec. 6204) that
would, among other things, make a series of changes to allow
for the export, re-export, and the transfer of defense
articles and defense services, including those subject to the
United States Munitions List, to the Republic of Cyprus if
the President determines and certifies to the appropriate
congressional committees not less than annually that: the
Government of the Republic of Cyprus is continuing to
cooperate with the United States Government in efforts to
implement reforms on anti-money laundering regulations and
financial regulatory oversight; and the Government of the
Republic of Cyprus has made and is continuing to take the
steps necessary to deny Russian military vessels access to
ports for refueling and servicing.
The House amendment contained a similar provision (sec.
1270I).
The House recedes with an amendment that would express the
sense of Congress that: allowing for the export, re-export or
transfer of arms subject to the United States Munitions List
to the Republic of Cyprus would advance United States
security interests in Europe by helping to reduce the
dependence of the Government of the Republic of Cyprus on
other countries, including countries that pose challenges to
United States interests around the world, for defense-related
materiel; and it is in the interest of the United States to
continue to support United Nations-facilitated efforts toward
a comprehensive solution to the division of Cyprus.
Subtitle F--Matters Relating to the Indo-Pacific Region
Modification of Indo-Pacific Maritime Security Initiative
(sec. 1251)
The House amendment contained a provision (sec. 1241) that
would modify the authority for the Indo-Pacific Maritime
Security Initiative to include additional elements of
assistance and training, require additional information for
congressional notifications, mandate an annual report, and
incorporate an assessment, monitoring, and evaluation
program. The provision would also require a one-time report
on the initiative.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would, among
other modifications, make clarifying changes to the required
annual report on the initiative and strike the requirement
for a one-time report. The conferees note that units to
receive assistance under the Indo-Pacific Maritime Security
Initiative undergo required ``Leahy Law'' human rights
vetting before such assistance is provided.
Expansion of Indo-Pacific Maritime Security Initiative and
limitation on use of funds (sec. 1252)
The Senate bill contained a provision (sec. 1252) that
would modify section 1263(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
include as recipient countries for assistance and training
under the Indo-Pacific Maritime Security Initiative the
following: the Federated States of Micronesia, the Kingdom of
Tonga, Papua New Guinea, the Republic of Fiji, the Republic
of the Marshall Islands, the Republic of Palau, the Republic
of Vanuatu, and the Solomon Islands.
The House amendment contained a provision (sec. 1250A) that
would require a report on the current status of security
cooperation and assistance with Pacific Island countries and
the feasibility of expanding such cooperation and assistance.
The House recedes with an amendment that would include the
following as recipient countries under in the initiative: the
Federated States of Micronesia, the Independent State of
Samoa, the Kingdom of Tonga, Papua New Guinea, the Republic
of Fiji, the Republic of Kiribati, the Republic of the
Marshall Islands, the Republic of Nauru, the Republic of
Palau, the Republic of Vanuatu, and the Solomon Islands, and
Tuvalu. The amendment would also provide that none of the
funds authorized to be appropriated for the initiative shall
be used to provide training or assistance to the additional
recipient countries until the Secretary of Defense, with the
concurrence of the Secretary of State, submits to the
appropriate congressional committees a report regarding
security cooperation and assistance with such countries.
Report on resourcing United States defense requirements for
the Indo-Pacific region and study on competitive
strategies (sec. 1253)
The Senate bill contained a provision (sec. 1254) that
would require the Commander, United States Indo-Pacific
Command, to submit to the congressional defense committees a
report containing the independent assessment of the Commander
with respect to the activities and resources required for
fiscal years 2022 through 2026 to achieve certain objectives.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
specific cost estimates, as practicable, to be included in
the required assessment. The amendment would clarify the role
of elements of the Office of the Secretary of Defense in
providing a briefing related to the required assessment. The
amendment would also require, not later than 1 year after the
date of enactment of this Act, the Secretary of Defense,
acting through the Office of Net Assessment, to provide the
results of a study on at least three possible long-term
competitive strategies with respect to the People's Republic
of China with a focus on identifying opportunities to shape
strategic competition to the advantage of the United States.
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. 1254)
The Senate bill contained a provision (sec. 1251) that
would prohibit the use of funds authorized to be appropriated
by this Act to reduce the total number of members of the
Armed Forces in the territory of the Republic of Korea (ROK)
below 28,500 until 90 days after the date on which the
Secretary of Defense certifies to the congressional defense
committees that: such a reduction is in the national security
interests of the United States and will not significantly
undermine the security of United States allies in the region;
such a reduction is commensurate with a reduction in the
threat posed to the security of the United States and its
allies in the region by the conventional military forces of
the Democratic People's Republic of Korea (DPRK); and the
Secretary has appropriately consulted with allies of the
United States, including the ROK and Japan, regarding such a
reduction.
The House amendment contained a similar provision (sec.
1243) that would prohibit the use of funds authorized to be
appropriated by this Act to reduce the number of members of
the Armed Forces serving on Active Duty in the Republic of
Korea below 28,500 unless the Secretary of Defense first
provides certification to the congressional defense
committees that such a reduction is in the national security
interest of the United States and will not significantly
undermine the security of the United States' allies in the
region.
The Senate recedes with an amendment that would prohibit
funds authorized to be appropriated by this Act to be used to
reduce the total number of members of the Armed Forces
serving Active Duty who are deployed to South Korea below
28,500 until 90 days after the date on which the Secretary of
Defense certified to the congressional defense committees the
following: 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;
and the Secretary has appropriately consulted with allies of
the United States, including South Korea and Japan, regarding
such a reduction.
The conferees recognize that United States military forces
deployed on the Korean Peninsula remain vital to deterring,
and if necessary, defeating aggression by the Democratic
People's Republic of Korea, which continues to threaten the
national security interests of the United States and the
peace and stability of the Indo-Pacific region through both
its conventional forces and weapons of mass destruction.
While the conferees support diplomatic efforts to achieve the
complete and fully verified denuclearization of the
Democratic People's Republic of Korea, the conferees believe
the removal of United States military forces from the Korean
Peninsula is a non-negotiable item in such negotiations.
Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea (sec. 1255)
The House amendment contained a provision (sec. 1244) that
would require the Secretary of Defense to provide a report to
the
[[Page H9809]]
congressional defense committees, Senate Committee on Foreign
Relations, and House Committee on Foreign Affairs, not later
than March 1, 2020, and March 1, 2021, on the direct,
indirect, and burden-sharing contributions of Japan and South
Korea to support overseas military installations of the
United States and U.S. Armed Forces deployed to or
permanently stationed in Japan and South Korea.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that, among other
changes clarifying the process of preparing and delivering
the aforementioned report, would require the Comptroller
General of the United States to provide the report to the
congressional committees described.
The conferees note that Japan and the Republic of Korea
have made significant contributions to common security,
including through direct, indirect, and burden-sharing
contributions. Therefore, the conferees believe that upcoming
negotiations concerning new Special Measures Agreements with
Japan and the Republic of Korea should be conducted in a
spirit consistent with prior negotiations on the basis of
common interest and mutual respect.
Sense of Congress on security commitments to the Governments
of Japan and the Republic of Korea and trilateral
cooperation among the United States, Japan, and the
Republic of Korea (sec. 1256)
The Senate bill contained a provision (sec. 1259) that
would express the sense of the Senate with respect to
security commitments to the Governments of Japan and the
Republic of Korea and trilateral cooperation between the
United States, Japan, and the Republic of Korea.
The House amendment contained no similar provision.
The House recedes with an amendment that would express the
sense of Congress that the United States strongly encourages
strengthened bilateral security ties between Japan and the
Republic of Korea as well as deeper trilateral defense
coordination and cooperation, including through expanded
exercises, training, senior-level exchanges, and information
sharing. The amendment would also express that the following
bilateral and trilateral agreements are critical to regional
security, and should be maintained: the bilateral military
intelligence-sharing pact between Japan and the Republic of
Korea, signed on November 23, 2016; and the trilateral
intelligence sharing agreement among the United States,
Japan, and the Republic of Korea, signed on December 29,
2015.
Sense of Congress on North Korea (sec. 1257)
The House amendment contained a provision (sec. 1250K) that
would express the sense of the Congress concerning North
Korea and diplomatic efforts to achieve the denuclearization
of North Korea.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would express the
sense of Congress that, among other things, a sustained
credible diplomatic process based on concrete measures to
achieve the denuclearization of North Korea and an eventual
end to the Korean War should be pursued. The amendment would
also express that continued actions by North Korea that run
counter to diplomatic negotiations call into question North
Korea's intentions and commitment to a diplomatic
solution.
Statement of policy and sense of Congress on, and strategy to
fulfill obligations under, Mutual Defense Treaty with the
Republic of the Philippines (sec. 1258)
The Senate bill contained a provision (sec. 6201) that
would state the policy of the United States that, among other
things, an attack on the armed forces, public vessels, or
aircraft of the Republic of the Philippines in the Pacific,
including the South China Sea, would trigger the mutual
defense obligations of the United States under Article IV of
the Mutual Defense Treaty between the Republic of the
Philippines and the United States of America, done at
Washington August 30, 1951, ``to meet common dangers in
accordance with its constitutional processes''. The provision
would also express the sense of the Senate that the Secretary
of State and the Secretary of Defense should: affirm the
commitment of the United States to the Mutual Defense Treaty
between the United States and the Republic of the
Philippines; preserve and strengthen the alliance of the
United States with the Republic of the Philippines;
prioritize efforts to develop a shared understanding of
alliance commitments and defense planning; and provide
appropriate support to the Republic of the Philippines to
strengthen the self-defense capabilities of the Republic of
the Philippines, particularly in the maritime domain.
The House amendment contained no similar provision.
The House recedes with an amendment that would include the
statement of policy from the Senate provision, express the
sense of the Congress with the respect to the objectives of
the Secretary of State and Secretary of Defense as described
in the Senate provision, and require, not later than 1 year
after the date of enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of State, to
submit to the appropriate committees of Congress a report
that sets forth the strategy of the Department of Defense for
achieving such objectives.
Report on security cooperation with the Philippine National
Police (sec. 1259)
The House amendment contained a provision (sec. 1245) that
would require the Secretary of Defense, in consultation with
the Secretary of State, to provide a report to the
congressional defense committees, Senate Committee on Foreign
Relations, and House Committee on Foreign Affairs, not later
than 120 days after the date of the enactment of this Act on
the Department of Defense's objectives and strategy for
achieving such objectives for the Philippines.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require,
not later than 150 days after the date of the enactment of
this Act, the Secretary of Defense, in concurrence with the
Secretary of State, to submit to the appropriate
congressional committees a report concerning security sector
assistance programs with the Philippine National Police.
Modification of annual report on military and security
developments involving the People's Republic of China
(sec. 1260)
The House amendment contained two provisions (secs. 1246
and 1247) that would amend section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65) by requiring the Secretary of Defense to consult with
the heads of other Federal departments and agencies as
appropriate in developing the Annual Report to Congress on
Military and Security Developments Involving the People's
Republic of China. The provisions would also modify the
specified congressional committees that receive the annual
report, and add certain elements to the annual report.
The Senate bill contained a similar provision (sec. 1253)
that would amend paragraph 26 of section 1202(b) of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) by requiring the annual report to address
the relationship between Chinese overseas investment,
including the Belt and Road Initiative and the Digital Silk
Road, and Chinese security and military objectives.
The Senate recedes with an amendment that would add certain
elements to the annual report.
Report on foreign military activities in Pacific Island
countries (sec. 1260A)
The House amendment contained a provision (sec. 1250B) that
would require, 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, to submit to the congressional defense
committees a report concerning foreign military activities in
Pacific Island countries.
The Senate bill contained no similar provision.
The Senate recedes.
Report on cybersecurity activities with Taiwan (sec. 1260B)
The House amendment contained a provision (sec. 1250G) that
would direct, not later than 180 days after the enactment of
this Act, the Secretary of Defense to submit to the
congressional defense committees a report on cybersecurity
activities with Taiwan.
The Senate bill contained no similar provision.
The Senate recedes.
Review and report related to the Taiwan Relations Act (sec.
1260C)
The Senate bill contained a provision (sec. 6211) that
would express the sense of the Congress concerning the Taiwan
Relations Act (Public Law 96-8). The provision would also
direct the Secretary of Defense, in coordination with the
Secretary of State, to conduct a review of coercive behavior
by the Government of the People's Republic of China directed
at Taiwan, as well as the role of United States policy toward
Taiwan with respect to the implementation of the 2017
National Security Strategy and the 2018 National Defense
Strategy. The provision would direct a report to be delivered
to the appropriate committees of Congress on the results of
the review.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
clarifying changes to the content of the required report.
Sense of Congress on enhancement of the United States-Taiwan
defense relationship (sec. 1260D)
The Senate bill contained a provision (sec. 1257) that
would express the sense of the Senate concerning the
enhancement of the United States-Taiwan defense relationship.
The House amendment contained a similar provision (sec.
1248).
The House recedes with an amendment that would express the
sense of the Congress that Taiwan is a vital partner of the
United States, and that the United States should continue to
strengthen defense and security cooperation in support of
Taiwan maintaining a sufficient self-defense capability.
In light of the fortieth anniversary of the Taiwan
Relations Act (Public Law 96-8), the conferees encourage the
Department of Defense to focus attention and resources on the
future of the United States-Taiwan defense relationship,
particularly in relation to implementation of the National
Defense Strategy and strategic competition with China.
Chinese foreign direct investment in countries of the Arctic
region (sec. 1260E)
The House amendment contained a provision (sec. 1250J) that
would make a series of
[[Page H9810]]
findings and direct an independent study of Chinese foreign
direct investment in countries of the Arctic region, with a
focus on the effects of such foreign direct investment on
United States national security and near-peer competition in
the Arctic region.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike the
findings in the provision.
Sense of Congress on policy toward Hong Kong (sec. 1260F)
The Senate bill contained a provision (sec. 6209) that
would express the sense of the Congress regarding United
States policy concerning Hong Kong.
The House amendment contained no similar provision.
The House recedes with an amendment that would express the
sense of the Congress that, among other things, Congress
stands unequivocally with the people of Hong Kong as they
defend their rights and freedoms and preserve their autonomy
against the People's Republic of China. The amendment would
call for efforts to resolve the remaining demands raised by
protestors, who represent a broad cross-section of Hong Kong.
The amendment would also express that in the event of use of
force by the Government of the People's Republic of China
against protestors in Hong Kong, Congress will recommend
swift action by the United States, including: a fundamental
reevaluation of the special treatment of Hong Kong under the
Hong Kong Policy Act of 1992 (Public Law 102-383) and other
United States law; and coordinated actions with like-minded
countries to impose meaningful costs on the People's Republic
of China, including the imposition of sanctions, travel
restrictions, and other actions against responsible senior
officials in the Chinese Communist Party, the People's
Liberation Army, and the People's Armed Police.
Sense of Congress on enhancing defense and security
cooperation with the Republic of Singapore (sec. 1260G)
The Senate bill contained a provision (sec. 1261) that
would express the sense of the Senate concerning defense and
security cooperation with the Republic of Singapore.
The House amendment contained a similar provision (sec.
1249).
The House recedes with an amendment that would express the
sense of the Congress that robust defense and security
cooperation between the United States and the Republic of
Singapore is crucial to promoting peace and stability in the
Indo-Pacific region.
Authority to transfer funds for Bien Hoa dioxin cleanup (sec.
1260H)
The Senate bill contained a provision (sec. 1043) that
would allow the Secretary of Defense to transfer not more
than $15.0 million in fiscal year 2020 to the Secretary of
State, for use by the United States Agency for International
Development, funds to be used for the Bien Hoa dioxin cleanup
in Vietnam.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to notify the congressional defense
committees prior to such a transfer of funds.
Limitation on removal of Huawei Technologies Co. Ltd. from
entity list of Bureau of Industry and Security (1260I)
The House amendment contained a provision (sec. 1250D) that
would prohibit the removal of Huawei Technologies Co. Ltd.
from the entity list maintained by the Bureau of Industry and
Security until the Secretary of Commerce certifies to
Congress that a number of conditions have been met.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
conditions for removal from the entity list and add a
reporting requirement for licenses issued for exports to
Huawei.
Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order (sec. 1260J)
The House amendment contained a provision (sec. 1250C) that
would require the President to submit annual reports to
Congress on the compliance of Zhongxing Telecommunications
Equipment Corporation (ZTE) and ZTE Kangxun
Telecommunications Ltd. with the Superseding Settlement
Agreement and Superseding Order reached with the Department
of Commerce on June 8, 2018.
The Senate bill contained no similar provision.
The Senate recedes.
Report on the lay-down of United States Marines in the Indo-
Pacific region (sec. 1260K)
The Senate bill contained a provision (sec. 1255) that
would require a review of, certification, and report on the
current status of the distributed laydown of forces in the
Indo-Pacific region in support of the joint statement of the
United States-Japan Security Consultative Committee issued
April 26, 2012, in the District of Columbia (April 27, 2012,
in Tokyo, Japan) and revised on October 3, 2013, in Tokyo.
The provision would also require the Comptroller General to
submit to the congressional defense committees a report
containing an analysis of the current status of the
distributed laydown.
The House amendment contained no similar provision.
The House recedes with an amendment that would add certain
elements of the report to focus its contents on the
implementation of the planned distributed lay-down of U.S.
Marines in the Indo-Pacific region and strikes the
requirement for a Comptroller General report.
The conferees note that nothing in this provision shall be
construed to change the current distributed lay-down of U.S.
Marines in the Indo-Pacific region or to express support for
any such change. Any potential changes to the distributed
lay-down should be considered only after consultation and
agreement of impacted countries, especially the Government of
Japan.
Subtitle G--Other Matters
Modification to report on legal and policy frameworks for the
use of military force (sec. 1261)
The House amendment contained a provision (sec. 1262) that
would modify section 1264 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) to
require the President to submit an annual report to the
appropriate committees of Congress on the legal and policy
frameworks for the use of military force and related national
security operations.
The Senate bill contained no similar provision.
The Senate recedes.
Independent review of sufficiency of resources available to
United States Southern Command and United States Africa
Command (sec. 1262)
The House amendment contained a provision (sec. 1264) that
would direct the Secretary of Defense to seek to enter into a
contract with an entity independent of the Department of
Defense to conduct an assessment of the sufficiency of
resources available to U.S. Southern Command and U.S. Africa
Command.
The Senate bill contained no similar provision.
The Senate recedes with technical amendment.
United States Central Command posture assessment and review
(sec. 1263)
The Senate bill contained a provision (sec. 1287) that
would mandate a comprehensive United States Central Command
(CENTCOM) posture review, which would assess the extent to
which the United States possesses the force posture and
capabilities for countering threats emanating from and
affecting CENTCOM's area of responsibilities.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of Defense to seek to enter into a contract with a
federally funded research and development center to conduct
an independent assessment and comprehensive review of United
States military force posture and capabilities for countering
threats emanating from and affecting CENTCOM's area of
responsibilities.
The conferees note that the United States' military
presence, posture, and basing in the Middle East region was
constituted iteratively over decades to support a range of
regional partners, operations, tasks, and activities, against
an evolving spectrum of threats and contingencies. The
conferees are concerned that the proportion of Department of
Defense resources deployed to the CENTCOM area of
responsibility no longer reflects departmental priorities, as
articulated in the National Defense Strategy. Furthermore,
the conferees believe CENTCOM must be appropriately postured
in order to maintain resilience and deterrence toward
regional adversaries whose doctrine and capabilities continue
to evolve. However, the conferees believe CENTCOM must pursue
a more resource efficient approach in order to support
Department-wide efforts to recover readiness, lethality, and
strategic competitiveness with Russia and China, in
accordance with National Defense Strategy priorities.
Limitation on production of nuclear proliferation assessment
statements (sec. 1264)
The House amendment contained a provision (sec. 1269) that
would prohibit the Secretary of State from providing to the
President a Nuclear Proliferation Assessment Statement, in
accordance with 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. The provision would make an exception
for a country that already had in effect an agreement under
section 123 as of June 19, 2019. The provision would allow
for a waiver of such prohibition if the President submits a
report to the appropriate congressional committees, and the
Congress enacts a joint resolution of approval of the waiver.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove the
requirement for a joint resolution of approval of the waiver.
The waiver would instead take effect 90 days after the
submission of the report to the appropriate congressional
committees.
Western hemisphere resource assessment (sec. 1265)
The House amendment contained a provision (sec. 1270D) that
would require, 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 the United States Agency for International
Development, to submit a report to the appropriate
[[Page H9811]]
congressional committees assessing the sufficiency of
resources available to the United States Southern Command,
United States Northern Command, Department of State, and
United States Agency for International Development, to carry
out their respective missions in the Western hemisphere.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
elements of the required assessment.
Human rights in Brazil (sec. 1266)
The House amendment contained a provision (sec. 1080) that
would require, not later than 180 days after the enactment of
this Act, the Secretary of Defense and the Secretary of State
to jointly submit a report to the appropriate congressional
committees that assesses the human rights climate in Brazil;
whether Brazilian security-force units that are engaged in
human rights abuses may have received or purchased United
States equipment or training; and a strategy to address the
human rights abuses found.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that, among other
changes, would require the Secretary of Defense to coordinate
with the Secretary of State on the report and add additional
elements to the report, including U.S.-Brazil security
cooperation and related matters.
Certification relating to assistance for Guatemala (sec.
1267)
The House amendment contained a provision (sec. 1270S) that
would prohibit the use of funds authorized to be appropriated
or otherwise made available to transfer or purchase vehicles
for any joint task force including the Ministry of Defense or
the Ministry of the Interior of Guatemala unless the
Secretary of Defense certifies that such ministries have made
a credible commitment to use such equipment solely for the
purposes intended.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
that prior to the transfer of vehicles by the Department of
Defense to a joint task force of the Ministry of Defense or
the Ministry of Interior of Guatemala during fiscal year
2020, the Secretary of Defense must certify to the
appropriate congressional committees that such ministries
have made a credible commitment to use such equipment only
for the uses for which they were intended.
Independent analysis of human rights situation in Honduras
(sec. 1268)
The Senate bill contained a provision (sec. 1286) that
would require the Secretary of Defense to enter into an
agreement with an independent think tank or a federally
funded research and development center to conduct an analysis
and assessment of the compliance of the military and security
forces of Honduras with international human rights laws and
standards.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Briefing on strategy to improve the efforts of the Nigerian
military to prevent, mitigate, and respond to civilian
harm (sec. 1269)
The House amendment contained a provision (sec. 1270E) that
would require, not later than 180 days after the date of the
enactment of this Act, the President to submit to the
appropriate congressional committees a report on plans to
assist the Nigerian military in improving its efforts to
prevent, mitigate, and respond to civilian harm arising from
its military presence and operations. The provision would
also require the President to provide annual updates on
progress made with respect to the plan contained in such
report.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require not
later than 180 days after the date of enactment of this Act
the Secretary of Defense and the Secretary of State to
jointly provide a briefing to specified congressional
committees on the current strategy to improve defense
institutions and security sector forces in Nigeria.
The conferees expect the briefing to discuss steps, if any,
that the Departments are taking to increase the ability of
the Nigerian military to minimize civilian harm when using
equipment provided by the United States, to include the A-29
Super Tucano and related munitions.
Report on implications of Chinese military presence in
Djibouti (sec. 1270)
The House amendment contained a provision (sec. 1270K) that
would require, not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense to submit to
the appropriate congressional committees a report containing
a comprehensive strategy to address security concerns posed
by the Chinese People's Liberation Army Support Base in
Djibouti to United States military installations and
logistics chains in sub-Saharan Africa and the Middle East.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Rule of construction on the permanent stationing of United
States Armed Forces in Somalia (sec. 1271)
The House amendment contained a provision (sec. 1270T) that
would prohibit the use of funds authorized to be appropriated
by this Act or otherwise made available to the Department of
Defense for fiscal year 2020 to establish any military
installation or base for the purpose of providing for the
permanent stationing of United States Armed Forces in
Somalia.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to include a rule of
construction that states that nothing in this Act may be
construed to authorize the permanent stationing of members of
the United States Armed Forces in Somalia.
Defense and diplomatic strategy for Libya (sec. 1272)
The House amendment contained a provision (sec. 1270O) that
would require, not later than 120 days after the date of the
enactment of this Act, the President submit to the
appropriate congressional committees a report that contains a
strategy for Libya.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that modifies the
elements of the required strategy.
Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing civil
war in Yemen (sec. 1273)
The House amendment contained a provision (sec. 1270N) that
would prohibit, for the two-year period beginning on the date
of the enactment of this Act, in-flight fueling by the
Department of Defense to non-United States aircraft engaged
in hostilities in the ongoing civil war in Yemen unless and
until a declaration of war or a specific statutory
authorization has been enacted.
The Senate bill contained no similar provision.
The Senate recedes.
Report on Saudi led coalition strikes in Yemen (sec. 1274)
The House amendment contained a provision (sec. 1270M) that
would require, not later than 90 days after the enactment of
this Act and annually thereafter, the Secretary of Defense,
in consultation with the Secretary of State, to submit a
report detailing the number of civilian casualties caused by
the Saudi-led coalition in Yemen, including an assessment of
the coalition members' willingness and ability to prevent
civilian casualties.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Reports on expenses incurred for in-flight refueling of Saudi
coalition aircraft conducting missions relating to civil
war in Yemen (sec. 1275)
The Senate bill contained a provision (sec. 1288) that
would mandate a report detailing the expenses incurred by the
United States in providing in-flight refueling services for
Saudi or Saudi-led coalition non-United States aircraft
conducting missions as part of the civil war in Yemen from
March 1, 2015, to November 11, 2018, and the extent to which
such expenses have been reimbursed by members of the Saudi-
led coalition.
The House amendment contained no similar provision.
The House recedes.
Report on Saudi Arabia's human rights record (sec. 1276)
The House amendment contained a provision (sec. 1296B) that
would require not later than 30 days after 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)), to submit to the appropriate congressional
committees a report on the protection of human rights within
Saudi Arabia.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on intelligence community assessment relating to the
killing of Washington Post columnist Jamal Khashoggi
(sec. 1277)
The House amendment contained a provision (sec. 1296) that
would require, not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence
to submit a report to the appropriate congressional
committees detailing intelligence findings regarding the
October 2018 killing of Saudi columnist Jamal Khashoggi.
The Senate bill contained no similar provision.
The Senate recedes.
United States-Israel cooperation to counter unmanned aerial
systems (sec. 1278)
The Senate bill contained a provision (sec. 1284) that
would authorize the Secretary of Defense to carry out joint
research, development, test, and evaluation to establish
capabilities for countering unmanned aerial systems (C-UAS)
that threaten the United States or Israel.
The House amendment contained no similar provision.
The House recedes.
Extension and modification of authority for United States-
Israel anti-tunnel cooperation activities (sec. 1279)
The Senate bill contained a provision (sec. 1283) that
would amend section 1279 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
modify the authority for United States-Israel anti-tunnel
cooperation activities. The provision
[[Page H9812]]
would remove countering unmanned aerial systems from the
section 1279 authority. Elsewhere in this Act, the
committee recommends a provision that would establish a
separate authority for United States-Israel cooperation
regarding countering unmanned aerial systems. The
provision would also authorize the Secretary of Defense to
use amounts available under the section 1279 authority,
which are in excess of the amount contributed by the
Government of Israel, for costs associated with unique
national requirements identified by the United States with
respect to anti-tunnel capabilities.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
section 1279 authority through December 31, 2024.
Report on cost imposition strategy (sec. 1280)
The Senate bill contained a provision (sec. 1271) that
would require, not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense to submit to
the congressional defense committees a report describing the
cost imposition strategies of the Department of Defense with
respect to the People's Republic of China and the Russian
Federation.
The House amendment contained no similar provision.
The House recedes with an amendment that, among other
clarifying changes, would require the Secretary of Defense to
consult with the heads of other Federal departments and
agencies as appropriate in the preparation of the report.
Modification of initiative to support protection of national
security academic researchers from undue influence and
other security threats (sec. 1281)
The Senate bill contained a provision (sec. 1285) that
would amend section 1286 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to require the Secretary of Defense to develop a
list of academic institutions of the People's Republic of
China and the Russian Federation that are: (1) Associated
with a defense program of the People's Republic of China or
the Russian Federation, including any university heavily
engaged in military research; (2) Known to recruit
individuals for the purpose of advancing the talent and
capabilities of such a defense program or to provide
misleading transcripts or otherwise attempt to conceal the
connections of an individual or institution to such a defense
program; or (3) Pose a serious risk of intangible transfers
of defense or engineering technology and research.
The Senate bill contained another provision (sec. 6219)
that would amend section 1286 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 to specify
that the training and support provided under such program
shall emphasize best practices for the protection of
sensitive national security information and include the
dissemination of unclassified publications and resources.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1) Combine
sections 1285 and 6219 with minor modifications; (2) Amend
section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 to require the
Secretary of Defense to establish enhanced information
sharing procedures to collect appropriate information on any
personnel participating in defense research and development
activities other than basic research and to maintain
appropriate security controls over research activities,
technical information, and intellectual property; and (3)
Amend the required report in the same section to be an annual
report.
The conferees note the important impact that United States
academic institutions have had advancing emerging
technologies and contributing to the defense research
enterprise. Maintaining an open and collaborative environment
for unclassified basic and applied research is fundamental to
attracting the world's best students and commercializing
their innovations. The conferees, however, note the efforts
undertaken by foreign adversaries and competitors to exploit
the open academic environment through the theft of
intellectual property, improper technology transfer, and
espionage.
The conferees encourage the Secretary of Defense to
establish a memorandum of understanding with the Secretary of
Homeland Security in order to coordinate the implementation
of the enhanced information sharing required in this
provision. The conferees note, that to greatest extent
possible, the Secretary of Defense should streamline
information sharing procedures and leverage existing
government information systems and repositories, including
the Student Exchange Visitor Information System, to reduce
the burden on universities and the Department of Defense.
Modification of responsibility for policy on civilian
casualty matters (sec. 1282)
The House amendment contained a provision (sec. 1268) that
would modify section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91)
and section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
relating to civilian casualty matters.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
to modify the responsibilities of the senior civilian
official of the Department of Defense designated to develop,
coordinate, and oversee compliance relating to civilian
casualties. The conferees direct the senior designated
official to coordinate with other relevant U.S. departments
and agencies with respect to any other matters related to
civilian harm resulting from military operations, including
assistance provided to civilians impacted or displaced by
such operations.
Report on export of certain satellites to entities with
certain beneficial ownership status (sec. 1283)
The Senate bill contained a provision (sec. 6207) that
would require a report on addressing the threat posed by the
export, reexport, or in-country transfer of certain
satellites to certain entities.
The House amendment contained no similar provision.
The House recedes with a technical/clarifying amendment.
Rule of construction relating to use of military force (sec.
1284)
The House amendment contained a provision (sec. 1265) that
would establish that nothing in this Act or any amendment
made by this Act may be construed to authorize the use of
military force.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would establish
that nothing in this Act or any amendment made by this Act
may be construed to authorize the use of military force,
including the use of military force against Iran or any other
country.
Reports and briefings on use of military force and support of
partner forces (sec. 1285)
The House amendment contained a provision (sec. 1270V) that
would require the President not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, to submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of
Representatives a report on specific actions taken pursuant
to the Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 et seq.) and support for partner
forces against those nations or organizations described in
such law, during the preceding 180-day period.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
President not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, to
submit to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a report on
actions taken pursuant to the Authorization for Use of
Military Force (Public Law 107-40) against those countries or
organizations described in such law, as well as any actions
taken to command, coordinate, participate in the movement of,
or accompany the regular or irregular military forces of any
foreign country or government when such forces are engaged in
hostilities or in situations where imminent involvement in
hostilities is clearly indicated by the circumstances, during
the preceding 180-day period.
legislative provisions not adopted
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
The House amendment contained a provision (sec. 1205) that
would require, 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, to submit to
the appropriate congressional committees a report on
individuals and units of security forces of foreign countries
that have participated in security cooperation programs or
received security assistance training and have been subject
to United States sanctions relating to the violation or human
rights or terrorist activities. The Secretaries would also be
required to submit an annual update of the report.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the importance of adherence to human
rights by recipients of Department of Defense (DOD) security
cooperation training. The conferees note that section 362 of
title 10, United States Code, prohibits DOD from providing
assistance to foreign security forces if there is
credible information that gross violations of human rights
have been committed. Among the key elements of the
security cooperation reforms contained in the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328) were an increased emphasis on the integration of
human rights training into DOD security cooperation
programs and the strengthening of the defense and security
institutions of foreign partners in order to more
effectively and responsibly train, manage, and employ
their forces. The conferees note that DOD faces
significant challenges relating to its ability to
comprehensively track recipients of DOD security
cooperation training in order to identify those who may
subsequently have committed gross violations of human
rights. The conferees understand that these challenges
arise in part
[[Page H9813]]
from limitations in the Department's ability to collect
and maintain data on all individuals who receive security
cooperation training under title 10 chapter 16 authorities
and in the ability to cross-reference such information
with that of other departments and agencies of the United
States government. The conferees are aware that the lack
of data would result in incomplete information on
recipients of security cooperation training that have been
designated for human rights abuses or terrorist
activities.
Therefore, the conferees direct the Secretary of Defense to
provide a briefing to the Armed Services Committees of the
House of Representatives and the Senate not later than 30
days after the date of enactment of this Act on the
advisability and feasibility of providing Congress with a
report on recipients of security cooperation training
programs at the unit and individual level that, after such
training, go on to commit gross violations of human rights.
The briefing should identify any challenges that DOD may
encounter in such an effort as well as recommendations for
overcoming such challenges.
Prohibition on use of funds to transfer defense articles and
services to Azerbaijan
The House amendment contained a provision (sec. 1207) that
would prohibit the use of funds authorized by this Act or
otherwise made available to the Department of Defense for
fiscal year 2020 to transfer defense articles or services to
Azerbaijan unless the President certifies to Congress that
the transfer of such defense articles or services does not
threaten civil aviation.
The Senate bill contained no similar provision.
The House recedes.
The conferees are concerned by any threat or use of force
against civilians or actions against a nation's sovereignty,
which would be contrary to international law. The importance
of a diplomatic resolution of the Nagorno-Karabakh conflict
is addressed in another section of this report.
Multinational regional security education center
The House amendment contained a provision (sec. 1209) that
would require, not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense to provide a
briefing on the utility and feasibility of establishing a
multinational regional security education center.
The Senate bill contained no similar provision.
The House recedes.
Not later than 120 days after the date of the enactment of
this Act, the conferees direct the Secretary of Defense to
provide to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a briefing on the utility and
feasibility of establishing a multinational regional security
education center, including as a satellite entity of the
Daniel K. Inouye Asia-Pacific Center for Security Studies
that is located in a member country of the Association for
Southeast Asian Nations, to offer year-round training and
educational courses to Southeast Asian and Indo-Pacific
civilian and military security personnel to enhance
engagement of territorial and maritime security,
transnational and asymmetric threats, and defense sector
governance in the Indo-Pacific region. Training may also
include English-language training, human rights training,
rule of law and legal studies, security governance and
institution-building courses, and budget and procurement
training.
The conferees direct the Secretary of Defense to provide a
written summary of the briefing 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, within 30 days
following the briefing.
Training for participants in professional military education
programs
The House amendment contained a provision (sec. 1210) that
would require any foreign person participating in
professional military education to participate in human
rights training.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that every year numerous students from
foreign militaries participate in professional military
education provided and funded by the United States. These
courses should be viewed as a valuable opportunity to foster
an appreciation of human rights and the rule of law. The
conferees are aware that foreign students in professional
military education programs participate in the Department of
Defense Field Studies Program, which includes instruction in
human rights and law of war, among other topics. The
Secretary of Defense is encouraged to continue providing
human rights training as a key component of professional
military education.
Report on plan to transfer funds in connection with the
provision of support under section 385 of title 10,
United States Code
The House amendment contained a provision (sec. 1210A) that
would require the Secretary of Defense to submit to the
appropriate congressional committees a report on Department
of Defense plans to transfer funds with the provision of
support under section 385 of title 10, United States Code,
for fiscal year 2020.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, Secretary of
State, and the Administrator of the U.S. Agency for
International Development to provide a briefing not later
than December 1, 2019 to the Armed Services Committees of the
House of Representatives and the Senate on any plans to use
the authority provided by section 385 of title 10, U.S.
Code,in fiscal year 2020. The briefing should also include a
description of any issues that may impede the use of such
authority.
Rule of construction relating to use of military force
against Iran
The House amendment contained a provision (sec. 1225) that
would establish that nothing in this Act or any amendment
made by this Act may be construed to authorize the use of
military force against Iran.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress on support for Ministry of Peshmerga Forces
of the Kurdistan Region of Iraq
The House amendment contained a provision (sec. 1226)
stating that it was the sense of Congress that the Ministry
of Peshmerga forces of the Kurdistan Region of Iraq had made
significant contributions and sacrifices in the United
States-led campaign to degrade, dismantle, and destroy ISIS,
and that the Department of Defense and 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.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the United States-led coalition
known as the Combined Joint Task Force-Operation Inherent
Resolve (CJTF-OIR) in partnership with the Iraqi Security
Forces (ISF), including the Kurdish Peshmerga, successfully
liberated significant Iraqi territory from the control of the
Islamic State of Iraq and Syria (ISIS). While the conferees
applaud this significant achievement, they also express
concern that ISIS continues to pose a significant threat to
Iraq, the region, and potentially the U.S. homeland.
According to the August 2019 Lead Inspector General report
for OIR, CJTF-OIR noted ``deep-seated internal Kurdish
political divisions and the Kurds' continuing dispute with
Iraq's central government over a swath of disputed territory
in northern Iraq rich in resources have allowed ISIS
insurgents to exploit gaps between ISF and Peshmerga forces,
which allows ISIS to regroup and plan attacks in the
region.'' Furthermore, the Lead Inspector General report for
OIR stated ``that the ISF and the Peshmerga has made progress
this quarter in ongoing planning of `joint security
mechanisms'--coordination to effectively combat ISIS in the
disputed territories. However, on-the-ground cooperation
between the ISF and the Peshmerga remained limited and
security gaps remained.'' The conferees believe a lasting
defeat of ISIS is critical to maintaining a stable and
tolerant Iraq in which all faiths, sects, and ethnicities are
afforded equal protection and full integration into the
government and society of Iraq and support the provision of
U.S. security and other assistance for such purposes. As part
of those efforts, the conferees support continued reform of,
and materiel and training assistance to, Kurdish Peshmerga
forces with the objective of enabling them to more
effectively partner with the ISF, the United States, and
other international partners. In furtherance of those
objectives, the conferees believe continued efforts by the
Peshmerga and ISF to establish joint security mechanisms are
critical to addressing the threat of ISIS in disputed
territories.
The conferees strongly support continuation of the
partnership between the U.S. military and ISF, including the
Kurdish Peshmerga in furtherance of our shared interests. In
the coming years, the conferees encourage the Department to
normalize its support to the Peshmerga by focusing assistance
on the reform and professionalization at the ministerial and
unit level and the development of capabilities and
interoperability with other ISF elements that contribute to
the long-term stability of Iraq.
Sense of Congress on supporting the return and repatriation
of religious and ethnic minorities in Iraq to their
ancestral homelands
The House amendment contained a provision (sec. 1227) that
expressed the sense of Congress that it should remain a
policy priority of the United States to support the safe
return of displaced indigenous people of the Nineveh Plan and
Sinjar to their ancestral homeland and that it should be a
priority to ensure reintegration and restoration of
fundamental human rights.
The Senate bill contained no similar provision.
The House recedes.
Prohibition of unauthorized military force in or against Iran
The House amendment contained a provision (sec. 1229) that
would prohibit the use of
[[Page H9814]]
Federal funds for any use of military force in or against
Iran unless Congress has declared war or enacted a specific
statutory authorization.
The Senate bill contained no similar provision.
The House recedes.
Report on Russian military involvement in the AFRICOM AOR
The House amendment contained a provision (sec. 1240) that
would require the Secretary of Defense, in coordination with
the Secretary of State, not later than 120 days after the
date of enactment of this Act to provide a report to the
appropriate congressional committees 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 area of responsibility
(AOR).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing to the Armed Services Committees of the House of
Representatives and the Senate not later than 120 days after
the date of enactment of this Act on the presence,
activities, and strategic objectives of the Russian
Federation in Africa. The briefing shall address, at a
minimum, the following:
1) A description of the presence, activities, and strategic
objectives of the Russian Federation in Africa.
2) 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.
3) An analysis of any direct or indirect military support
Russia or private military corporations based in Russia are
providing to state and non-state armed groups in Africa,
including a description of the types of support.
4) 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).
5) 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.
6) 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.
7) A description of any plans to counteract destabilizing
Russian activities in Africa.
8) Any other matters the Secretary deems relevant.
United States actions relating to Russian interference in
elections for Federal office
The House amendment contained a provision (sec. 1240B) that
would impose a prohibition on transactions relating to new
Russian sovereign debt, require a determination of Russian
interference in elections for Federal office, and create
procedures for lifting and reimposing the prohibition.
The Senate bill contained no similar provision.
The House recedes.
Extension and modification of report on military and security
developments involving North Korea
The House amendment contained a provision (sec. 1242) that
would amend section 1236 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) to
extend and modify the requirement to provide a report on the
military and security developments involving the Democratic
People's Republic of Korea.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that Congress's ability to evaluate the
security threat posed by North Korea and to conduct oversight
of United States policy toward North Korea has been impaired
by a lack of transparency and associated delays in providing
information necessary for such oversight. For example, the
report to Congress on the status of North Korea's nuclear
program to establish a baseline of progress for negotiations
with respect to denuclearization as required by section 1265
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) was recently submitted
over 300 days late. The conferees reiterate support for
diplomatic efforts to achieve the denuclearization of North
Korea. The conferees urge the Administration to review its
policies related to North Korea to ensure they are consistent
with a priority on open and timely communication with the
Congress.
Report by Defense Intelligence Agency on certain military
capabilities of China and Russia
The House amendment contained a provision (sec. 1250F) that
would require the Director of the Defense Intelligence Agency
to submit to the Secretary of Defense and the appropriate
congressional committees a report on the military
capabilities of China and Russia.
The Senate bill contained no similar provision.
The House recedes.
Not later than 180 days after the enactment of this Act,
the conferees direct the Director of the Defense Intelligence
Agency to provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing concerning
the military capabilities of China and Russia, including: (1)
an update on the presence, status, and capability of the
military with respect to any national training centers
similar to the Combat Training Center Program of the United
States; (2) an analysis of a readiness deployment cycle of
the military, including as compared to such a cycle of the
United States and an identification of metrics used in the
national training centers of that military; (3) a
comprehensive investigation into the capability and readiness
of the mechanized logistics of the army of the military,
including an analysis of field maintenance, sustainment
maintenance, movement control, intermodal operations, and
supply, and how such functions interact with specific
echelons of that military; and (4) an assessment of the
future of mechanized army logistics of the military.
Modification of report relating to enhancing defense and
security cooperation with India
The House amendment contained two provisions (sec. 1250 and
sec. 1250I) concerning defense and security cooperation with
India.
The Senate bill contained no similar provision.
The House recedes.
In addition to regular briefings and reports on U.S.-India
defense relations, the conferees direct the Department of
Defense to provide a briefing to the congressional defense
committees on U.S.-India defense cooperation in the Western
Indian Ocean no later than March 1, 2020. Topics to be
covered in the briefing shall include: (1) a description of
military activities of the United States and India,
separately, in the Western Indian Ocean; (2) a description of
military cooperation activities between the United States and
India in the Western Indian Ocean; (3) a description of how
the relevant geographic combatant commands coordinate their
activities with the Indian military in the Western Indian
Ocean and the mechanisms in place to ensure such cooperation
is maximized; (4) a description of how the major defense
partnership with India will be utilized to enhance
cooperation in the Western Indian Ocean; and (5) areas of
future opportunity to increase military engagement with India
in the Western Indian Ocean.
Sense of Congress on the enduring United States commitment to
the Freely Associated States
The House amendment contained a provision (sec. 1250E) that
would express the sense of the Congress concerning the
enduring commitment of the United States to the Freely
Associated States.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize that the United States has strong
and enduring interests in the security and prosperity of
Oceania and the Western Pacific region, including close
relationships with the countries of Palau, the Marshall
Islands, and the Federated States of Micronesia, with whom
the United States shares Compacts of Free Association. The
United States and the Freely Associated States share
values including democracy and human rights, as well as
mutual interest in a free, open, and prosperous Indo-
Pacific region. Therefore, the conferees believe the
United States should expeditiously begin negotiations on
the renewal of the Compacts of Free Association and
conclude such negotiations prior to the expiration of the
current compacts in 2023 and 2024.
Sense of Congress on United States-India defense relationship
The House amendment contained a provision (sec. 1250H) that
would express the sense of the Congress on the United States-
India defense relationship.
The Senate bill contained no similar provision.
The House recedes.
Report on value of investments in dual use infrastructure
projects by NATO member states
The House amendment contained a provision (sec. 1256) that
would require the Secretary of Defense to submit a report,
not later than June 1, 2020, on the value of investments in
dual use infrastructure projects by the member states of the
North Atlantic Treaty Organization.
The Senate bill contained no similar provision.
The House recedes.
Sense of Senate on the United States-Japan alliance and
defense cooperation
The Senate bill contained a provision (sec. 1256) that
would express the sense of the Senate concerning the United
States-Japan alliance and opportunities for enhancing defense
cooperation.
The House amendment contained no similar provision.
The Senate recedes.
The conferees underscore that the United States-Japan
alliance remains the cornerstone of peace and security for a
free and open Indo-Pacific region. The conferees also
recognize that the Government of Japan has made among the
most significant ``burden sharing'' contributions of any
United States ally, including through direct cost sharing,
paying for the realignment of United States forces currently
stationed in Okinawa, community support, and other alliance-
related expenditures.
[[Page H9815]]
European Center of Excellence for Countering Hybrid Threats
The House amendment contained a provision (sec. 1258) that
would require the Secretary of Defense to provide $2.0
million for the European Center of Excellence for Countering
Hybrid Threats.
The Senate bill contained no similar provision.
The House recedes.
The conferees strongly support the efforts of the European
Center of Excellence for Countering Hybrid Threats
(henceforth referred to as ``the Center''), and encourage the
Department of Defense to cooperate fully and actively with
the Center. The conferees note that the Center could play an
important role in addressing the strategic challenge
described by the National Defense Strategy: revisionist
powers and rogue regimes increasing ``efforts short of armed
conflict by expanding coercion to new fronts, violating
principles of sovereignty, exploiting ambiguity, and
deliberately blurring the lines between civil and military
goals.'' The conferees also anticipate the Center serving as
a unique forum to address the common concerns of
transatlantic democracies and as a hallmark of cooperation
between the North Atlantic Treaty Organization and the
European Union.
To better understand the full scope of capability and
impact the Center could have to further the strategic and
operational objectives of the Department of Defense, the
conferees direct the Department of Defense to provide the
Committees on Armed Services of the Senate and House of
Representatives a briefing, no later than 60 days after the
enactment of this Act, on the Center, including the following
components: the strategic vision for the Center, associated
resources and manpower, planned or current activities, and
intended engagement strategy of the Department with the
Center.
Sense of Senate on United States-India defense relationship
The Senate bill contained a provision (sec. 1258) that
would express the sense of the Senate on the United States-
India defense relationship.
The House amendment contained no similar provision.
The Senate recedes.
Sense of Congress on European investments in national
security
The House amendment contained a provision (sec. 1259) that
would express the sense of Congress that the North Atlantic
Treaty Organization (NATO) is central to United States-
European defense matters and that military cooperation and
coordination in Europe among NATO member countries should
complement NATO efforts and not detract from NATO military
system interoperability and burden sharing among NATO allies.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the importance of NATO is addressed
elsewhere in this report.
Briefing on Department of Defense program to protect United
States students against foreign assets
The House amendment contained a provision (sec. 1260) that
would require the Secretary of Defense to provide a briefing
to the congressional defense committees on the program to
protect United States students against recruitment efforts by
foreign intelligence agents as described in section 1277 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide a
briefing to update the Committees on Armed Services of the
Senate and the House no later than March 15, 2019 on the
status of the program required in section 1277 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2018, including an assessment of whether the program is
beneficial to students interning, working part time, or in a
program that will result in post-graduation employment with
the Department of Defense components or contractors.
Sense of Senate on enhanced cooperation with Pacific Island
countries to establish open-source intelligence fusion
centers in the Indo-Pacific region
The Senate bill contained two provisions (sec. 1260 and
sec. 6202) that would express the sense of the Senate that
U.S. Indo-Pacific Command should pursue the establishment of
one or more open-source intelligence fusion centers in the
Indo-Pacific region to enhance cooperation with Pacific
Island countries.
The House amendment contained no similar provision.
The Senate recedes.
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
The House amendment contained a provision (sec. 1263) that
would prohibit the use of more than 80 percent of any funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2020 for Operations and
Maintenance, Defense-Wide, Office of the Secretary of
Defense, for Travel of Persons, until the Secretary of
Defense submits a report containing 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 on October 4, 2017.
The Senate bill contained no similar provision.
The House recedes.
The conferees have serious concerns about the executive
branch's handling of the ambush in Niger that occurred on
October 4, 2017, which led to the death of four U.S.
servicemembers. These concerns include the Department of
Defense's repeated delays in providing to Congress the report
on the investigation into the incident as well as information
on the disciplinary actions issued in connection with the
incident. The executive branch has a duty to conduct itself
with candor and it must act in a way that is transparent and
responsive to congressional oversight.
Therefore, the conferees direct the Secretary of Defense to
submit to the Armed Services Committees of the House of
Representatives and the Senate not later than January 15,
2020 a report containing a description of each disciplinary
action issued by rank as a result of the AR 15-6
investigation findings relating to the incident in Niger on
October 4, 2017. The report shall be submitted in a format
that protects personally identifiable information and is
consistent with national security.
Rule of construction relating to use of military force
against Venezuela
The House amendment contained a provision (sec. 1266) that
would establish that nothing in this Act or any amendment
made by this Act may be construed to authorize the use of
military force against Venezuela.
The Senate bill contained no similar provision.
The House recedes.
Restriction on emergency authority relating to arms sales
under the Arms Export Control Act
The House amendment contained a provision (sec. 1270) that
would amend section 36 of the Arms Export Control Act (22
U.S.C. 2776) by modifying a restriction on emergency
authority requiring the President to consult with appropriate
congressional committees not later than 3 days after the
determination and submit further certifications to
Congress. The modifications would also require the
delivery of defense articles within 90 days of the
issuance of the emergency determination and the submittal
of a report to Congress not later than 30 days after the
delivery of defense articles. Further, the waiver of
congressional review would not apply to begin
manufacturing or co-production of articles outside the
United States.
The Senate bill contained no similar provision.
The House recedes.
Report on annual defense spending by ally and partner
countries
The Senate bill contained a provision (sec. 1240) that
would require the Secretary of Defense to submit to certain
congressional committees a report containing a summary of the
key findings of the annual report of the Secretary General of
the North Atlantic Treaty Organization (NATO) as well as
assessments of various elements of burden-sharing and defense
cooperation with and among NATO allies.
The House amendment contained a similar provision (sec.
1270A) that would require the Secretary of Defense to submit
a report concerning defense spending by each mutual defense
treaty ally and major non-NATO ally of the United States, as
well as other matters.
These legislative provisions were not adopted.
Not later than 60 days after the date on which the next
annual report of the Secretary General of the North Atlantic
Treaty Organization (NATO) for the preceding calendar year is
published, the conferees direct the Secretary of Defense to
submit to the Committee on Armed Services and the Committee
on Foreign Relations of the Senate, and to the Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives, a report that includes the
following: (1) an assessment, incorporating the key findings
of the such annual report of the Secretary General of NATO,
of progress toward meeting the Defense Investment Pledge made
at the 2014 NATO summit in Wales by member countries of the
North Atlantic Treaty Organization; a description of the
personnel and financial contributions of each member country
of NATO to NATO missions; and a description of NATO
initiatives to accelerate the speed of decision, ensure
viable military reinforcement, and to support the
deployability of North Atlantic Treaty Organization forces.
The conferees direct that the report be submitted in an
unclassified form, but may include a classified annex.
The conferees note that the contributions of United States
allies to collective defense and shared security are
critical. The conferees note that reports relating to ally
and partner ``burden-sharing'' contributions are addressed
elsewhere in this report.
Reports on contributions to the North Atlantic Treaty
Organization
The Senate bill contained a provision (sec. 1240) that
would require the Secretary of Defense to submit to certain
congressional committees a report containing a summary of the
key findings of the annual report of the Secretary General of
the North Atlantic
[[Page H9816]]
Treaty Organization (NATO) as well as assessments of various
elements of burden-sharing and defense cooperation with and
among NATO allies.
The House amendment contained a similar provision (sec.
1270A) that would require the Secretary of Defense to submit
a report concerning defense spending by each mutual defense
treaty ally and major non-NATO ally of the United States, as
well as other matters.
These legislative provisions were not adopted.
Not later than 60 days after the date on which the next
annual report of the Secretary General of the North Atlantic
Treaty Organization (NATO) for the preceding calendar year is
published, the conferees direct the Secretary of Defense to
submit to the Committee on Armed Services and the Committee
on Foreign Relations of the Senate, and to the Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives, a report that includes the
following: (1) an assessment, incorporating the key findings
of the such annual report of the Secretary General of NATO,
of progress toward meeting the Defense Investment Pledge made
at the 2014 NATO summit in Wales by member countries of the
North Atlantic Treaty Organization; a description of the
personnel and financial contributions of each member country
of NATO to NATO missions; and a description of NATO
initiatives to accelerate the speed of decision, ensure
viable military reinforcement, and to support the
deployability of North Atlantic Treaty Organization forces.
The conferees direct that the report be submitted in an
unclassified form, but may include a classified annex.
The conferees note that the contributions of United States
allies to collective defense and shared security are
critical. The conferees note that reports relating to ally
and partner ``burden-sharing'' contributions are addressed
elsewhere in this report.
Sense of Congress on the United States-Israel relationship
The House amendment contained a provision (sec. 1270B) that
would express the sense of Congress that Israel has been one
of the United States' strongest friends and allies, that the
United States should continue to offer full security
assistance and related support to Israel, and that such
assistance and support is vital as Israel confronts a number
of potential challenges, including threats from Iran.
The Senate contained no similar provision.
The House recedes.
The conferees strongly support the enduring strategic
partnership between the United States and Israel, which is
based on common democratic values and seven decades of strong
cooperation. Furthermore, the conferees believe close defense
cooperation between the two countries remains a critical
component of this partnership given shared security
challenges.
Sense of Congress on stability of the Caucasus region and the
continuation of the Nagorno Karabakh cease-fire
The House amendment contained a provision (sec. 1270C) that
would express the sense of Congress regarding methods to
advance United States interests in the stability of the
Caucasus region and the continuation of the Nagorno Karabakh
cease-fire.
The Senate bill contained no similar provision.
The House recedes.
The conferees underscore the importance of preventing
further violence and making progress toward a peaceful
resolution of the Nagorno-Karabakh conflict.
Limitation on use of funds from the Special Defense
Acquisition Fund
The House amendment contained a provision (sec. 1270F) that
would amend section 114(c) of title 10, United States Code,
to prohibit the use of funds made available from the Special
Defense Acquisition Fund for any fiscal year to provide any
assistance to Saudi Arabia or the United Arab Emirates if
such assistance could be used by either country to conduct or
continue hostilities in Yemen.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on the use of emergency authorities for the sale
or transfer of defense articles and services to Saudi
Arabia and the United Arab Emirates
The House amendment contained a provision (sec. 1270G) that
would prohibit the use of funds authorized to be appropriated
or otherwise made available by this or any other Act to
process a commercial or foreign military sale, or to
transfer, deliver, or facilitate the transfer or delivery, of
any defense article or service to Saudi Arabia or the United
Arab Emirates pursuant to any certification of emergency
circumstances submitted in accordance with section 36(b) of
the Armed Export Control Act (22 U.S.C. 2776(b)).
The Senate bill contained no similar provision.
The House recedes.
Prohibition on support for military participation against the
Houthis
The House amendment contained a provision (sec. 1270H) that
would prohibit the use of funds authorized or otherwise made
available by this Act to provide intelligence for the purpose
of strikes or logistical support for coalition strikes to the
Saudi-led coalitions operations against the Houthis in Yemen.
The Senate bill contained no similar provision.
The House recedes.
Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin
The House amendment contained a provision (sec. 1270L) that
expresses the sense of Congress on Boko Haram and would
require, not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Attorney General to jointly
submit to Congress a report on efforts to combat Boko Haram
in Nigeria and the Lake Chad Basin.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense and the
Secretary of State not later than 90 days after the date of
enactment of this Act to provide a joint briefing to the
Armed Services Committees of the House of Representatives and
the Senate on the initiatives undertaken by the Department of
Defense (DoD) and the Department of State (DoS) to assist the
Government of Nigeria and countries in the Lake Chad Basin
to develop capabilities to combat Boko Haram, the Islamic
State in West Africa, and other terrorist organizations
that threaten regional security. The briefing shall also
include a description of any activities by DoD and DoS to
enhance the capacity of Nigeria and countries in the Lake
Chad Basin to investigate and prosecute human rights
abuses as well as promote respect for the rule of law.
Sense of Congress relating to Mongolia
The House amendment contained a provision (sec. 1270P) that
would express the sense of the Congress that the United
States and Mongolia have a shared interest in supporting and
preserving Mongolia's democracy, including Mongolia's ability
to pursue an independent foreign policy, defend against
threats to its sovereignty, and maintain territorial
integrity.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that defense cooperation, a strong
military-to-military relationship, and increased
interoperability between the United States and Mongolia are
in the interest of both countries, and the United States
should continue to take steps to strengthen its security
partnership with Mongolia.
Report on relationship between Lebanese armed forces and
Hizballah
The House amendment contained a provision (sec. 1270Q) that
would require, not later than 90 days after the enactment of
this Act, the President to submit a report identifying
personnel with influence over the Lebanese Armed Forces who
are influenced by Hizballah and describing military
activities conducted by the Lebanese Armed Forces to disarm
Hizballah.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees within 180
days after the date of the enactment of this Act that, at a
minimum, assesses whether Hizballah exerts influence over the
Lebanese Armed Forces, describes the nature of the Lebanese
Armed Forces' communication and interaction with Hizballah,
details U.S. and other international efforts to build the
capacity of the Lebanese Armed Forces to provide for the
security and stability of Lebanon, and outlines efforts by
the Lebanese Armed Forces to maintain accountability for
U.S.-provided equipment. The report may contain a classified
annex if necessary.
Imposition of sanctions relating to Central America
The House amendment contained a provision (sec. 1270R) that
would require, not later than 180 days after the date of the
enactment of this Act, the President to impose sanctions on
individuals listed in the reports provided to Congress
pursuant to section 1287 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
114-232) and section 7019(d) of the Department of State,
Foreign Operations, and Relative Programs Appropriations Act,
2019.
The Senate bill contained no similar provision.
The House recedes.
Report on hostilities involving United States Armed Forces
The House amendment contained a provision (sec. 1270U) that
would require the President to report to the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives within 48 hours any incident in which United
States Armed Forces are involved in an attack or hostilities,
including in an offensive or defensive capacity, except in
specified circumstances.
The Senate bill contained no similar provision.
The House recedes.
Repeal of Authorization for the Use of Military Force
The House amendment contained a provision (sec. 1270W) that
would repeal the Authorization for Use of Military Force
Against Iraq Resolution of 2002 (Public Law 107-243; 50
U.S.C. 1541 note).
[[Page H9817]]
The Senate bill contained no similar provision.
The House recedes.
Short title
The House amendment contained a provision (sec. 1281) that
would allow Subtitle I to be cited as the ``Return Expenses
Paid and Yielded Act'' or ``REPAY Act.''
The Senate bill contained no similar provision.
The House recedes.
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
The House amendment contained a provision (sec. 1282) that
would amend the Arms Export Control Act (22 U.S.C. 2776(b))
to modify 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.
The Senate bill contained no similar provision.
The House recedes.
Review and report on use and management of administrative
surcharges under the foreign military sales program
The House amendment contained a provision (sec. 1283) that
would require the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, to
review options for expanding the use of administrative
surcharges under the foreign military sales program. The
provision would also require, 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, submit a report on the findings of the
review and any legislative changes needed.
The Senate bill contained no similar provision.
The House recedes.
Performance measures to monitor foreign military sales
program
The House amendment contained a provision (sec. 1284) that
would direct the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency (DSCA)
and in consultation with the heads of other relevant
components of the Department of Defense (DOD), to enhance the
ability of the DOD to monitor the foreign military sales
program. The provision would also require, not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Director of the
DSCA, to submit a report on plans to enhance the ability of
DOD to monitor foreign military sales program performance.
The provision would then direct the Comptroller General to
provide a briefing on that report within 180 days of its
submission.
The Senate bill contained no similar provision.
The House recedes.
Report and briefing on administrative budgeting of foreign
military sales program
The House amendment contained a provision (sec. 1285) that
would require, not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States to brief the congressional defense committees and
submit 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.
The Senate bill contained no similar provision.
The House recedes.
Training program for relevant officials and staff of the
Defense Security Cooperation Agency
The House amendment contained a provision (sec. 1286) that
would direct the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, to
establish and implement a training program for specified
officials and staff related to the foreign military sales
program.
The Senate bill contained no similar provision.
The House recedes.
Definitions
The House amendment contained a provision (sec. 1287) that
would provide definitions.
The Senate bill contained no similar provision.
The House recedes.
Sense of Senate on security concerns with respect to leasing
arrangements for the Port of Haifa in Israel
The Senate bill contained a provision (sec. 1289) that
would express the sense of the Senate that the United States
has an interest in the future forward presence of United
States naval vessels at the Port of Haifa in Israel but has
serious security concerns with respect to current the leasing
arrangements of the Port of Haifa. Therefore, the provision
would express the view that the United States should urge the
Government of Israel to consider the security implications of
foreign investment in Israel.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the United States has an interest
in the continued presence of United States naval vessels in
the Eastern Mediterranean region, including United States
naval vessels continuing to make port calls in Israel. The
conferees believe the United States should convey to the
Government of Israel the serious security concerns with
respect to the leasing arrangements of the Port of Haifa, and
urge consideration of the security implications of such
foreign investment in Israel.
Matters relating to Burma
The House amendment contained multiple provisions (secs.
1291-1295) that would, among other things: prohibit security
assistance or security cooperation with Burma until the
Secretary of State certifies that the military and security
forces of Burma have demonstrated significant progress in
abiding by international human rights standards and are
undertaking meaningful and significant security sector
reform, including reforms that enhance transparency and
accountability, to prevent future abuses; require mandatory
sanctions against human rights abusers in Burma; provide
private sector guidance related to Burma's mining sector; and
require a report and a determination whether events that took
place in the Rakhine State starting in August 2017 constitute
ethnic cleansing, crimes against humanity, or genocide.
The Senate bill contained no similar provisions.
The House recedes.
Sanctions with respect to foreign persons that engage in
activities described in section 1281(a)(2)
The House amendment contained a provision (sec. 1296A) that
would require that, not later than 120 days after the date of
the enactment of this Act, sanctions be imposed with respect
to each foreign person listed in the report described in
section 1281(a)(2) of the House-passed bill.
The Senate bill contained no similar provision.
The House recedes.
Stop Financing of Al-Shabaab Act
The House amendment contained two provisions (sec. 1297 and
sec. 1297A) that would express a sense of Congress and a
statement of policy regarding measures to combat illicit
trafficking that finances al-Shabaab. The House amendment
also contained a provision (sec. 1297B) that would require a
report on illicit trafficking in Somalia.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Horn of Africa region remains
integral to United States interests in Africa and the Indian
Ocean region. The conferees direct the Secretary of Defense,
in consultation with the Secretary of State, to submit a
report no later than 90 days after the date of enactment of
this Act to the Armed Services Committees of the House of
Representatives and the Senate on efforts to combat illicit
trafficking that finances al-Shabaab. The report shall
include an overview of illicit trafficking in the Horn of
Africa region; a description of al-Shabaab's sources of
income; a description of past, current, and planned efforts
by the United States and regional partners to combat illicit
trafficking that finances al-Shabaab; and, any other matters
the Secretary determines appropriate.
Report on contracts with entities affiliated with the
Government of the People's Republic of China or the
Chinese Communist Party
The Senate bill contained a provision (sec. 5801) that
would require a report concerning Department of Defense
contracts with companies or business entities that are owned
or operated by, or affiliated with, the Government of the
People's Republic of China or the Chinese Communist Party.
The House amendment contained no similar provision.
The Senate recedes.
Not later than 180 days after the date of the enactment of
this Act, the conferees direct the Secretary of Defense to
submit to the congressional defense committees a report
describing all Department of Defense contracts with companies
or business entities that are owned or operated by, or
affiliated with, the Government of the People's Republic of
China or the Chinese Communist Party.
United States-India defense cooperation in the Western Indian
Ocean
The Senate bill contained a provision (sec. 6205)
concerning United States-India defense cooperation in the
Western Indian Ocean.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note this matter is addressed elsewhere in
this report.
Sense of Congress on Hong Kong port visits
The Senate bill contained a provision (sec. 6208) that
would express the sense of the Congress that the Department
of Defense should continue to make regular requests to the
Government of the People's Republic of China for the Navy to
conduct port calls to Hong Kong, including United States
aircraft carrier visits.
The House amendment contained no similar provision.
The Senate recedes.
Implementation of the Asia Reassurance Initiative Act with
regard to Taiwan arms sales
The Senate bill contained a provision (sec. 6212) that
would, among other things,express the sense of the Congress
that the United States should fully implement the provisions
[[Page H9818]]
of the Asia Reassurance Initiative Act of 2018 (Public Law
115-409) with regard to regular defensive arms sales to
Taiwan.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the matter of arms sales to Taiwan
is addressed elsewhere in this report.
Title XIII--Cooperative Threat Reduction
Funding allocations; specification of cooperative threat
reduction funds (sec. 1301)
The Senate bill contained a provision (sec. 1301) that
would authorize $338.7 million for the Cooperative Threat
Reduction (CTR) program, define the funds as authorized to be
appropriated in section 301 of this Act, and authorize CTR
funds to be available for obligation for fiscal years 2020,
2021, and 2022.
The House amendment contained similar provisions (secs.
1301 and 1302).
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Funding for cooperative biological engagement program
The House amendment contained a provision (sec. 1303) that
would increase funding for the cooperative biological
engagement by $20.0 million by taking a reduction from
Defense-wide Advanced Innovative Technologies funding.
The Senate bill contained no similar provision.
The House recedes.
Cooperative Threat Reduction Program enhancement
The House amendment contained a provision (sec. 1304) that
would require the Secretary of Defense, in coordination with
the Secretary of State, to submit a report on the Cooperative
Threat Reduction Program.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
coordination with the Secretary of State, to submit a report
on the Cooperative Threat Reduction Program to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives not later than 180 days after
the date of the enactment of this Act. The report should
include recommendations to improve the implementation of the
program.
Title XIV--Other Authorizations
Subtitle A--Military Programs
Working capital funds (sec. 1401)
The Senate bill contained a provision (sec. 1401) that
would authorize appropriations for Defense Working Capital
Funds at the levels identified in section 4501 of division D
of this Act.
The House amendment contained an identical provision (sec.
1401).
The conference agreement includes this provision.
Chemical agents and munitions destruction, defense (sec.
1402)
The Senate bill contained a provision (sec. 1402) that
would authorize appropriations for Chemical Agents and
Munitions Destruction, Defense at the levels identified in
section 4501 of division D of this Act.
The House amendment contained an identical provision (sec.
1402).
The conference agreement includes this provision.
Drug interdiction and counter-drug activities, defense-wide
(sec. 1403)
The Senate bill contained a provision (sec. 1403) that
would authorize appropriations for Drug Interdiction and
Counter-Drug Activities, Defense-wide at the levels
identified in section 4501 of division D of this Act.
The House amendment contained an identical provision (sec.
1403).
The conference agreement includes this provision.
Defense inspector general (sec. 1404)
The Senate bill contained a provision (sec. 1404) that
would authorize appropriations for the Office of the
Inspector General at the levels identified in section 4501 of
division D of this Act.
The House amendment contained an identical provision (sec.
1404).
The conference agreement includes this provision.
Defense health program (sec. 1405)
The Senate bill contained a provision (sec. 1405) that
would authorize appropriations for the Defense Health Program
at the levels identified in section 4501 of division D of
this Act.
The House amendment contained a similar provision (sec.
1405).
The Senate recedes.
Subtitle B--Other Matters
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. 1411)
The Senate bill contained a provision (sec. 1431) that
would authorize the Secretary of Defense to transfer $127.0
million from the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund, established by section 1704 of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84), for the operation of the Captain James
A. Lovell Federal Health Care Center.
The House amendment contained a similar provision (sec.
1411).
The House recedes.
Authorization of appropriations for Armed Forces Retirement
Home (sec. 1412)
The Senate bill contained a provision (sec. 1421) that
would authorize an appropriation of $64.3 million from the
Armed Forces Retirement Home Trust Fund for fiscal year 2020
for the operation of the Armed Forces Retirement Home.
The House amendment contained an identical provision (sec.
1412).
The conference agreement includes this provision.
legislative provisions not adopted
National Defense Sealift Fund
The House amendment contained a provision (sec. 1406) that
would authorize appropriations for the National Defense
Sealift Fund.
The Senate bill contained no similar provision.
The House recedes.
Expansion of eligibility for residence at the Armed Forces
Retirement Home
The Senate bill contained a provision (sec. 1422) that
would amend section 1512(a) of the Armed Forces Retirement
Home Act of 1991 (24 U.S.C. 412(a)) to: (1) Expand
eligibility to retired veterans under age 60 and retired
members of the National Guard and Reserves (NGR); and (2)
Provide parity of fees for veterans eligible for active
military service and those newly eligible through NGR service
by requiring the income used for fee determination for an
NGR-eligible resident to be not less than an Active-Duty
resident's military retirement pay at the same grade and
length of service. The provision would also amend section
1514(c) of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 414(c)) to provide parity for monthly withholding from
pay of NGR members and Active-Duty members by applying the
withholding across the total force, as well as requiring
newly eligible NGR residents to pay a fee upon admission for
years prior to the date of the enactment of this Act when the
withholding was not taken from pay.
The Senate bill contained a provision (sec. 6422) that
would cause section 1422 and its amendments to have no force
or effect.
The House amendment contained no similar provisions.
The Senate recedes.
Title XV--Authorization of Additional Appropriations for Overseas
Contingency Operations
Purpose (sec. 1501)
The Senate bill contained a provision (sec. 1501) that
would establish the purpose of this title and make
authorization of appropriations available upon enactment of
this Act for the Department of Defense, in addition to
amounts otherwise authorized in this Act, to provide for
additional authorization of funds due to overseas contingency
operations and other additional funding requirements.
The House amendment contained an identical provision (sec.
1501).
The conference agreement includes this provision with a
clarifying amendment.
Treatment as additional authorizations (sec. 1502)
The Senate bill contained a provision (sec. 1521) that
would state that amounts authorized to be appropriated by
this title are in addition to amounts otherwise authorized to
be appropriated by this Act.
The House amendment contained an identical provision (sec.
1511).
The conference agreement includes this provision.
Subtitle A--Authorization of Appropriations for Overseas Contigency
Operations
Overseas contingency operations (sec. 1511)
The Senate bill contained a provision (sec. 1502) that
would designate authorization of appropriations in this
section as Overseas Contingency Operations.
The House amendment contained no similar provision.
The House recedes.
Procurement (sec. 1512)
The Senate bill contained a provision (sec. 1503) that
would authorize additional appropriations for procurement at
the levels identified in section 4102 of division D of this
Act.
The House amendment contained an identical provision (sec.
1502).
The conference agreement includes this provision.
Research, development, test, and evaluation (sec. 1513)
The Senate bill contained a provision (sec. 1504) that
would authorize additional appropriations for research,
development, test, and evaluation at the levels identified in
section 4202 of division D of this Act.
The House amendment contained an identical provision (sec.
1503).
The conference agreement includes this provision
Operation and maintenance (sec. 1514)
The Senate bill contained a provision (sec. 1505) that
would authorize additional appropriations for operation and
maintenance programs at the levels identified in section 4302
of division D of this Act.
The House amendment contained an identical provision (sec.
1504).
The conference agreement includes this provision.
Military personnel (sec. 1515)
The Senate bill contained a provision (sec. 1506) that
would authorize additional appropriations for military
personnel at the levels
[[Page H9819]]
identified in section 4402 of division D of this Act.
The House amendment contained an identical provision (sec.
1505).
The conference agreement includes this provision.
Working capital funds (sec. 1516)
The Senate bill contained a provision (sec. 1507) that
would authorize additional appropriations for Defense Working
Capital Funds at the levels identified in section 4502 of
division D of this Act.
The House amendment contained an identical provision (sec.
1506).
The conference agreement includes this provision.
Drug interdiction and counter-drug activities, defense-wide
(sec. 1517)
The Senate bill contained a provision (sec. 1508) that
would authorize additional appropriations for Drug
Interdiction and Counter-Drug Activities, Defense-Wide, at
the levels identified in section 4502 of division D of this
Act.
The House amendment contained an identical provision (sec.
1507).
The conference agreement includes this provision.
Defense inspector general (sec. 1518)
The Senate bill contained a provision (sec. 1509) that
would authorize additional appropriations for the Office of
the Inspector General at the levels identified in section
4502 of division D of this Act.
The House amendment contained an identical provision (sec.
1508).
The conference agreement includes this provision.
Defense health program (sec. 1519)
The Senate bill contained a provision (sec. 1510) that
would authorize additional appropriations for the Defense
Health Program at the levels identified in section 4502 of
division D of this Act.
The House amendment contained an identical provision (sec.
1510).
The conference agreement includes this provision.
Afghanistan Security Forces Fund (sec. 1520)
The Senate bill contained a provision (sec. 1212) that
would extend the authority to continue certain established
provisions applicable to the Afghanistan Security Forces Fund
(ASFF), including the use of funds, transfer authority, and
acceptance of contributions to provide assistance to the
security forces of the Ministry of Defense and Ministry of
Interior of Afghanistan and to increase the recruitment and
integration of women into the Afghan National Defense and
Security Forces (ANDSF).
The House amendment contained a similar provision (sec.
1521) that would require the Secretary of Defense, in
consultation with the Secretary of State, to submit an
assessment of the Government of Afghanistan's ability to meet
shared security objectives and manage, employ, and sustain
equipment divested under ASFF, and would require the
Secretary to withhold $450,000,000 until such time as the
Secretary can certify that the Government of Afghanistan has
made sufficient progress in these areas. It would also set a
goal of using $45.5 million to support efforts to promote the
recruitment, training, integration, and retention of Afghan
women into the ANDSF.
The Senate recedes with an amendment to the elements of the
required assessment.
The conferees understand that the Department recently
modified long standing guidance on the use of ASFF to cover
program management expenses by transitioning the
responsibility for costs associated with Indirect Assistance
to the Services. It is the conferees' understanding that ASFF
should cover all costs associated with building the ANDSF,
including program and security assistance management support.
The conferees know of no reason for such a change and
encourage the Department to revisit this internal policy
decision. The conferees direct the Department to brief the
congressional defense committees on its policy regarding
program management expenses within 60 days after the
enactment of this Act.
Special transfer authority (sec. 1520A)
The Senate bill contained a provision (sec. 1522) that
would authorize the transfer of up to $2.5 billion of
additional war-related authorizations in this subtitle among
the accounts in this subtitle.
The House amendment contained a similar provision (sec.
1512) that would allow the Secretary of Defense to transfer
up to $500 million.
The House recedes with an amendment that would set the
transfer level at $2.0 billion.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
Procurement (sec. 1521)
The agreement includes a provision that would authorize
appropriations for emergency procurement at the levels
identified in section 4103 of division D of this Act.
Research, development, test, and evaluation (sec. 1522)
The agreement includes a provision that would authorize
appropriations for emergency research, development, test, and
evaluation at the levels identified in section 4203 of
division D of this Act.
Operation and maintenance (sec. 1523)
The agreement includes a provision that would authorize
appropriations for emergency operation and maintenance at the
levels identified in section 4303 of division D of this Act.
Restriction on transfer of funds authorized by this subtitle
(sec. 1524)
The agreement includes a provision that would authorize and
place restrictions upon the transfer of emergency-designated
amounts of authorizations for the recovery and restoration of
military installations in California, Florida, North
Carolina, and Nebraska impacted by natural disasters.
LEGISLATIVE PROVISIONS NOT ADOPTED
Review of Joint Improvised-Threat Defeat Organization
research relating to humanitarian demining efforts
The Senate bill contained a provision (sec. 6501) that
would require the Secretary of Defense to conduct a review of
Joint Improvised-Threat Defeat Organization research and
submit a report identifying information that may be released
to United States humanitarian demining organizations for
improving the efficiency and effectiveness of humanitarian
demining efforts.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
October 1, 2020, identifying Joint Improvised-Threat Defeat
Organization research that may be released to United States
humanitarian demining organizations for improving the
efficiency and effectiveness of humanitarian demining
efforts.
Title XVI--Strategic Programs, Cyber, and Intelligence Matters
BUDGET ITEMS
Standard Missile-3 Block IIA flight test against
intercontinental ballistic missile target
The budget request included $53.8 million across several
defense-wide research, development, test and evaluation lines
to conduct a flight test of the Standard Missile-3 Block IIA
(SM-3 IIA) against an intercontinental ballistic missile
(ICBM) target (``FTM-44'').
The House amendment would authorize a reduction of $41.7
million below the request.
The Senate bill would authorize the funding level in the
request.
The conference agreement authorizes the funding level in
the request.
The conferees note that a Government Accountability Office
assessment (``Missile Defense: Delivery Delays Provide
Opportunity for Increased Testing to Better Understand
Capability,'' GAO-19-387) found that the SM-3 IIA has not
been adequately tested against threats it was designed to
intercept, potentially leading to design issues being
discovered well into production of interceptors. Further, the
Director for Operational Test and Evaluation (DOT&E) stated
that flight test failures of the SM-3 IIA in operational
testing should have been discovered in developmental testing
that was not conducted. The conferees strongly urge the
Director of the Missile Defense Agency and DOT&E to look for
opportunities to conduct additional tests of the SM-3 IIA
against threats it was designed to intercept, adhering to
fly-before-you-buy principles. Additionally, the conferees
recommend continued engagement with allies to discuss
potential policy implications of the planned SM-3 IIA ICBM
flight test.
Subtitle A--Space Activities
Repeal of requirement to establish United States Space
Command as a subordinate unified command of the United
States Strategic Command (sec. 1601)
The Senate bill contained a provision (sec. 1611) that
would repeal the requirement to establish U.S. Space Command
as a subordinate unified command of U.S. Strategic Command.
The House amendment contained a similar provision (sec.
931).
The Senate recedes with a technical/clarifying amendment.
Coordination of modernization efforts relating to military-
code capable GPS receiver cards (sec. 1602)
The House amendment contained a provision (sec. 228) that
would require the Secretary of Defense to designate an entity
within the Department of Defense to have responsibility for
Global Positioning System military code (M-code) receiver
card acquisition planning, and take actions to integrate and
streamline modernization of the M-code receiver card across
the Department.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add the
provision to existing statute and add a requirement for the
Secretary to clarify the role of the Council on Oversight of
the Department of Defense Positioning, Navigation, and Timing
Enterprise with respect to M-code modernization efforts.
Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System (sec. 1603)
The House amendment contained a provision (sec. 1609) that
would extend both the authority to carry out a backup Global
Positioning System capability demonstration and the due date
of the report on such demonstration to December 31, 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Annual determination on plan on full integration and
exploitation of overhead persistent infrared capability
(sec. 1604)
The House amendment contained a provision (sec. 1603) that
would add a sunset
[[Page H9820]]
clause to the requirement for the annual determination on the
plan on full integration and exploitation of overhead
persistent infrared capability.
The Senate bill contained no similar amendment.
The Senate recedes with a technical/clarifying amendment.
Space-based environmental monitoring mission requirements
(sec. 1605)
The House amendment contained a provision (sec. 1604) that
would require the Director of the National Reconnaissance
Office (NRO) to competitively procure and launch a modernized
pathfinder program satellite to mitigate risks related to
cloud characterization and theater weather imagery
requirements.
The Senate bill contained no similar amendment.
The Senate recedes with an amendment that would move the
requirement to procure such pathfinder program satellite from
the Director, NRO, to the Secretary of the Air Force, specify
that such satellite may be a free-flyer or a hosted payload
satellite, and withhold 10 percent of the travel funds of the
Office of the Secretary of the Air Force until a contract for
such satellite procurement is awarded.
Resilient enterprise ground architecture (sec. 1606)
The House amendment contained a provision (sec. 1608) that
would require the Secretary of Defense to develop future
satellite ground architectures to be compatible with
complementary commercial systems that can support uplink and
downlink capabilities with dual-band spacecraft. It would
also require the Secretary to emphasize that future ground
architecture should transition away from stove-piped systems
to a service-based platform that provides members of the
Armed Forces with flexible and adaptable capabilities.
The Senate bill contained no similar amendment.
The Senate recedes with an amendment that would add a
requirement for the Secretary to submit a report to the
congressional defense committees on the future satellite
ground architectures developed under this provision.
Prototype program for multi-global navigation satellite
system receiver development (sec. 1607)
The Senate bill contained a provision (sec. 1613) that
would direct the Secretary of the Air Force to ensure that
military Global Positioning System (GPS) user equipment
terminals can incorporate signals from the European Union's
Galileo and Japan's QZSS satellites, while enabling the
Secretary to waive this requirement on a case-by-case basis
if certain criteria are met. The provision would also require
the Secretary to ensure that military GPS terminals can
receive allied and non-allied positioning, navigation, and
timing (PNT) signals, provided that analysis indicates that
the benefits outweigh the risks or that the risks can be
appropriately mitigated.
The House amendment contained a provision (sec. 1605) that
would require the Secretary of Defense to establish under the
Space Development Agency (SDA) a program to prototype an M-
code based, multi-global navigation satellite system (GNSS)
receiver that would incorporate both allied and non-allied,
trusted and open GNSS signals to increase the resilience and
capability of military PNT equipment. The provision would
require the Secretary to provide an assessment of the
benefits and risks of each potential signal and require the
Director of the SDA to provide a relevant briefing and report
to the congressional defense committees. Finally, the
provision would fence 75 percent of funds for the Military
GPS User Equipment Program until the submission of such
briefing and report.
The Senate recedes with an amendment that would move
responsibility of the M-code multi-GNSS prototype program
from the Director of the SDA to the Secretary of the Air
Force and clarify the waiver authority for trusted signals
capabilities. The amendment would also change the fence from
75 percent to 90 percent.
Commercial space situational awareness capabilities (sec.
1608)
The House amendment contained a provision (sec. 1606) that
would require the Director of the Space Development Agency
(SDA) to procure commercial space situational awareness (SSA)
services by awarding at least two contracts for such
services. The provision would limit the obligation or
expenditure of funds to 75 percent for the enterprise space
battle management command and control until the Secretary of
Defense certifies to the congressional defense committees the
award of these contracts. The provision would also require a
report on using commercial SSA requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike the
findings and change the requirement for the Director of the
SDA to procure commercial SSA services to a requirement for
the Secretary of the Air Force to certify to the
congressional defense committees that the Air Force is using
commercial SSA services. The amendment would also change the
limitation of funds to be obligated or expended until the
Secretary makes such certification from 75 percent to 85
percent.
Program to enhance and improve launch support and
infrastructure (sec. 1609)
The Senate bill contained a provision (sec. 1612) that
would authorize the Secretary of Defense to carry out a
program to enhance infrastructure and improve support
activities for the processing and launch of Department of
Defense small-class to medium-class payloads.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary to coordinate with the Administrator of the Federal
Aviation Administration in carrying out such program and
submit the required report to other relevant congressional
committees in addition to the defense committees.
Preparation to implement plan for use of allied launch
vehicles (sec. 1610)
The House amendment contained a provision (sec. 1602) that
would require the Secretary of Defense, in coordination with
the Director of National Intelligence, to 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) 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.
The Senate bill contained no similar provision.
The Senate recedes.
Independent study on plan for deterrence in space (sec. 1611)
The House amendment contained a provision (sec. 1607) that
would require the Secretary of Defense to enter into a
contract with a federally funded research and development
center to conduct a study on deterrence in space, to then be
assessed by the Defense Policy Board. The provision would
require the Secretary to submit a report and provide a
briefing on the plan and assessment.
The Senate bill contained no similar amendment.
The Senate recedes with a technical/clarifying amendment.
Study on leveraging diverse commercial satellite remote
sensing capabilities (sec. 1612)
The House amendment contained a provision (sec. 1610A) that
would require the Secretary of Defense to conduct a study on
the status of the transition from the National Geospatial-
Intelligence Agency to the National Reconnaissance Office of
the leadership role in acquiring commercial remote sensing
data.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change the
requirement for the Secretary to study the NRO's plans to
acquire medium- and high-resolution data to a full range of
data at all resolutions.
Annual report on Space Command and Control program (sec.
1613)
The Senate bill contained a provision (sec. 1615) that
would require the Secretary of the Air Force to provide
annually a report on progress in executing the acquisition
strategy and assessment of risk for the Space Command and
Control program.
The House amendment contained no similar provision.
The House recedes with an amendment that would add an
additional requirement to the annual report and extend the
due date of the first report to May 1, 2020, but concurrent
with the President's Budget each year thereafter.
The conferees have been informed by the Secretary of the
Air Force that the acquisition strategy directed by the
Senate bill's report, found under ``Acquisition Plan for
Space Command and Control Program,'' may take longer to
complete. Accordingly, the conferees direct the Secretary of
the Air Force to submit the acquisition strategy not later
than February 1, 2020. The time period between February 1,
2020, and May 1, 2020, would give the Comptroller General
adequate time to review the strategy and assess any
deviations the Secretary should address in the report
required in this provision.
Report on Space Debris (sec. 1614)
The House amendment contained a provision (sec. 1610) that
would require the Secretary of Defense to submit a report on
the risks posed by man-made space debris in low-earth orbit,
including recommendations with respect to the remediation of
such risks and outlines of plans to reduce the incident of
such space debris.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Redesignation of Under Secretary of Defense for Intelligence
as Under Secretary of Defense for Intelligence and
Security (sec. 1621)
The Senate bill contained a provision (sec. 1621) that
would redesignate the Under Secretary of Defense for
Intelligence and the Deputy Under Secretary of Defense for
Intelligence as the Under Secretary of Defense for
Intelligence and Security and Deputy Under Secretary of
Defense for Intelligence and Security, respectively, and make
conforming changes to existing laws.
The House amendment contained no similar provision.
The House recedes with an amendment that would redesignate
the Under Secretary
[[Page H9821]]
of Defense for Intelligence and the Deputy Under Secretary of
Defense for Intelligence as the Under Secretary of Defense
for Intelligence and Security and Deputy Under Secretary of
Defense for Intelligence and Security. The amendment would
also make modifications relating to the responsibilities of
the Under Secretary regarding the protection of privacy and
civil liberties as well as inclusion of a rule of
construction stating that nothing in the section shall be
construed to modify or expand the authorities, resources,
responsibilities, roles, or missions of the Under Secretary.
The conferees direct the Secretary of Defense to notify the
Armed Services Committees of the Senate and House of
Representatives within 30 days of assigning any significant
new responsibilities to the Under Secretary during Fiscal
Year 2020.
Modifications to ISR Integration Council and annual briefing
requirements (sec. 1622)
The Senate bill contained a provision (sec. 1622) that
would repeal section 426 of title 10, United States Code,
which requires the establishment of the Intelligence,
Surveillance, and Reconnaissance (ISR) Integration Council.
The House amendment contained a provision (sec. 1611) that
would amend section 426 of title 10, United States Code, to
modify the ISR Integration Council membership and related
annual briefing requirements.
The Senate recedes.
Modification of annual authorization of appropriations for
National Flagship Language Initiative (sec. 1623)
The House amendment contained a provision (sec. 1613) that
would amend section 1911 of title 50, United States Code, to
increase the annual authorized amount for the National
Flagship Language Initiative from $10.0 million to $16.0
million beginning in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Improving the onboarding methodology for intelligence
personnel (sec. 1624)
The Senate bill contained a provision (sec. 1623) that
would require the Secretary of Defense and the Director of
National Intelligence, consistent with Department of Defense
Instruction 1400.25, as in effect on the day before the date
of the enactment of this Act, to provide several reports
relating to the onboarding methodology for certain
intelligence personnel.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Defense Counterintelligence and Security Agency activities on
facilitating access to local criminal records historical
data (sec. 1625)
The Senate bill contained a provision (sec. 1624) that
would authorize the Director of the Defense
Counterintelligence and Security Agency to carry out a set of
activities relating to facilitating access by the Agency to
local criminal records historical data in support of its
personnel security mission.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
commencement of activities authorized by this section until
certain reporting requirements are satisfied as well as
impose other limitations on the use of the authority.
Survey and report on alignment of intelligence collections
capabilities and activities with Department of Defense
requirements (sec. 1626)
The House amendment contained a provision (sec. 1612) that
would require the Under Secretary of Defense for
Intelligence, in coordination with the Chairman of the Joint
Chiefs of Staff and the Director of National Intelligence, to
review and provide a report to the congressional defense
committees and the congressional intelligence committees, not
later than 120 days after the date of the enactment of this
Act, on the organization, posture, and processes of
intelligence collections capabilities and activities, for the
purpose of assessing the ability of the intelligence
collecting capabilities and activities to support the current
and future requirements of the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes.
Reports on Consolidated Adjudication Facility of the Defense
Counterintelligence and Security Agency (sec. 1627)
The Senate bill contained a provision (sec. 1059) that
would require the Director of the Defense Counterintelligence
and Security Agency to submit to the congressional defense
committees on a semi-annual basis a report on the inventory
and timeliness metrics relating to the Consolidated
Adjudication Facility.
The House amendment contained no similar provision.
The House recedes.
Report on the expanded purview of the Defense
Counterintelligence and Security Agency (sec. 1628)
The Senate bill contained a provision (sec. 6606) that
would require the Secretary of Defense to submit to Congress
a report on the Defense Counterintelligence and Security
Agency, including: (1) Identification of Inspector General
resources and authorities appropriate to the expanded purview
of the Agency; (2) Identification of the resources and
authorities needed to perform the civil liberties and privacy
officer function of the Agency; (3) An assessment of the
Agency's security protocols for personally identifiable
information; (4) An assessment of the Agency's governance
structure vis-a-vis the Department of Defense; (5) An
assessment of the Agency's governance structure relative to
interagency partners; and (6) The methodology the Agency will
use to prioritize background investigation requests from
government agencies and industry. The report must be
submitted not later than 90 days after the date of enactment
of this Act.
The House amendment contained no similar provision.
The House recedes.
Termination of requirement for Department of Defense facility
access clearances for joint ventures composed of
previously-cleared entities (sec. 1629)
The Senate bill contained a provision (sec. 1040) that
would prohibit the requirement for joint ventures that are
composed entirely of entities that already have been granted
facility clearances to obtain an additional clearance for the
venture.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Cyberspace-Related Matters
Matters relating to military operations in the information
environment (sec. 1631)
The Senate bill contained a provision (sec. 1681) that
would affirm the authority of the Secretary of Defense to
conduct military operations in the information environment,
including clandestine operations, to defend the United
States, its allies, and its interests, including in response
to malicious activities carried out against the United States
or a United States person by a foreign power. The provision
would also clarify that military operations in the
information environment are traditional military
activities for the purposes of section(e)(2) of the
National Security Act of 1947 (Public Law 80-253).
The House amendment contained no similar provision.
The House recedes with an amendment that would affirm the
authority of the Secretary of Defense to conduct military
operations, including clandestine operations, in the
information environment as well as clarify that clandestine
military operations in the information environment shall be
considered a traditional military activity for the purposes
of section 503(e)(2) of the National Security Act of 1947 (50
U.S.C. 3093(e)(2). The amendment would also amend Chapter 19
of title 10, United States Code, to require the Secretary of
Defense to designate a Principal Information Operations
Advisor with specified responsibilities. Further the
amendment includes a rule of construction that would state
that nothing may be construed to limit, expand, or otherwise
alter the authority of the Secretary to conduct specified
military operations in the information environment or to
limit, expand, or otherwise alter or affect the War Powers
Resolution (50 U.S.C. 1541 et seq.) or an authorization for
the use of military force in effect on the day before the
date of enactment of this Act. Lastly, the amendment would
establish various briefing and reporting requirements.
Notification requirements for sensitive military cyber
operations (sec. 1632)
The House amendment contained a provision (sec. 1621) that
would modify section 395 of title 10, United States Code,
which requires the Secretary of Defense to provide
notification of sensitive military cyber operations to the
congressional defense committees, to include additional
parameters to further define what offensive and defensive
operations constitute a sensitive military cyber operation
for the purposes of this requirement.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense's designee to provide written
notification to the congressional defense committees in the
event of an unauthorized disclosure of a sensitive military
cyber operation.
Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense (sec. 1633)
The House amendment contained a provision (sec. 1625) that
would modify section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
which required evaluations of cyber vulnerabilities of each
major weapon system of the Department of Defense by December
31, 2019, by requiring notification and justification for not
meeting the deadline. The provision would also require a
comprehensive report from the Secretary of Defense on the
evaluations of cyber vulnerabilities for each major weapon
system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add further
requirements to the report, including details on the
technologies used for vulnerability assessments and the
schedule for future vulnerability assessments.
Quarterly assessments of the readiness of Cyber Mission
Forces (sec. 1634)
The Senate bill contained a provision (sec. 1636) that
would require the Secretary of Defense to develop metrics for
the assessment of the readiness of the Cyber Mission Forces
and to brief the congressional defense committees on these
metrics within 90 days of
[[Page H9822]]
the enactment of this Act. The provision would also modify
section 484 of title 10, United States Code, to require the
briefing of readiness of the Cyber Mission Forces, informed
by these metrics, as part of the quarterly cyber operations
updates, effective 180 days after the enactment of this Act.
The House amendment contained a provision (sec. 1622) that
would modify the same section of United States Code to
require an overview of the readiness of the Cyber Mission
Force to be presented as part of the mandatory cyber
operations quarterly briefings.
The House recedes with an amendment that would modify the
briefing requirement to include an overview of the readiness
of the Cyber Mission Forces and would require quarterly
briefings on the required metrics until their finalization.
Cyber posture review (sec. 1635)
The House amendment contained a provision (sec. 1623) that
would amend section 1644 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) by
directing the Secretary of Defense to conduct a review of the
cyber posture of the United States on a quadrennial basis to
begin not later than December 31, 2022.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add
recurrent problems or capability gaps that remain unaddressed
since the previous posture review to the elements of the
review.
Modification of elements of assessment required for
termination of dual-hat arrangement for Commander of the
United States Cyber Command (sec. 1636)
The Senate bill contained a provision (sec. 1640) that
would amend section 1642 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
by requiring the Secretary of Defense and Chairman of the
Joint Chiefs of Staff, prior to the termination of the dual-
hatted arrangement in which the Commander of United States
Cyber Command serves as the Director of the National Security
Agency, to certify that: (1) Processes to deconflict military
cyber operations and national intelligence operations have
been put in place; (2) Tools, weapons, and accesses used in
and available for military cyber operations are sufficient
for achieving required effects and United States Cyber
Command is capable of acquiring or developing these tools,
weapons, and accesses; and (3) The Cyber Mission Force has
demonstrated the capacity to execute the cyber missions of
the Department, including the execution of national-level
missions through cyberspace, defense of the Department of
Defense Information Network, and support for other combatant
commands, including targeting of adversary military assets.
The House amendment contained a provision (sec. 1632) that
would require the Secretary of Defense to provide quarterly
briefings to the congressional defense committees and
congressional intelligence committees on the current and
future nature of the National Security Agency and United
States Cyber Command partnership.
The House recedes with an amendment that would also require
the Secretary of Defense to provide annual briefings to the
congressional defense committees and congressional
intelligence committees on the current and future cooperation
of the National Security Agency and United States Cyber
Command.
Modification of cyber scholarship program (sec. 1637)
The House amendment contained a provision (sec. 1633) that
would amend section 2200a of title 10, United States Code, to
allow scholarships granted by the Department of Defense to go
toward validated and accredited cyber training programs.
The Senate bill contained no similar provision.
The Senate recedes.
Tier 1 exercise of support to civil authorities for a cyber
incident (sec. 1638)
The House amendment contained a provision (sec. 1624) that
would amend section 1648 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) by directing the Commanders of U.S. Northern Command
and U.S. Cyber Command to conduct a Tier 1 exercise by
February 1, 2020; the provision would also place a limitation
on 10 percent of fiscal year 2020 funds authorized to be
appropriated for the White House Communications Agency until
the exercise is initiated.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change the
required by-date for the execution of the Tier 1 exercise.
Extension of the Cyberspace Solarium Commission (sec. 1639)
The Senate bill contained a provision (sec. 1639) that
would amend section 1652 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) by making a technical correction and changing the
final due date for the Cyberspace Solarium Commission's final
report to February 1, 2020.
The House amendment contained a provision (sec. 1626) that
would extend the Cyberspace Solarium Commission, as
established in the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
and its final report by 1 year, from September 1, 2019, to
September 1, 2020.
The Senate recedes with an amendment that would change the
final due date for the Cyberspace Solarium Commission's final
report to April 30, 2020.
Authority to use operation and maintenance funds for cyber
operations-peculiar capability development projects (sec.
1640)
The Senate bill contained a provision (sec. 1643) that
would allow the Secretaries of the military departments to
use money authorized for appropriation for Operation and
Maintenance (O&M) to develop cyber operations-peculiar
capabilities up to $3.0 million annually. The provision would
allow the Department of Defense to use its O&M funds for the
rapid creation, testing, fielding, and operation of cyber
capabilities that would be developed and used within the 1-
year appropriation period.
The House amendment contained a similar provision (sec.
1627) that would also require a Commander of U.S. Cyber
Command certification for each use of the provided authority
and the Secretary of Defense to notify the congressional
defense committees within 15 days of exercising the
provided authority.
The Senate recedes with an amendment that would remove the
certification requirement, allow the Secretary's designee to
notify the congressional defense committees of the exercise
of the provided authority, and would limit the notification
requirement to exercises of the authority in excess of
$500,000.
Role of Chief Information Officer in improving enterprise-
wide cybersecurity (sec. 1641)
The Senate bill contained a provision (sec. 1635) that
would assign additional responsibilities to the Department of
Defense Chief Information Officer (CIO), including the
modernization of the Department's cybersecurity architecture,
the mandating of cybersecurity data sharing, and the
acquisition of additional computing infrastructure to meet
the Department's cybersecurity needs.
The House amendment contained no similar provision.
The House recedes with an amendment that would require that
the CIO utilize the expertise of the National Security Agency
and the Defense Digital Service in improving the Department's
cybersecurity.
Notification of delegation of authorities to the Secretary of
Defense for military operations in cyberspace (sec. 1642)
The House amendment contained a provision (sec. 1628) that
would require the Secretary of Defense to notify the
congressional defense committees and describe various
operational details within 15 days of any delegation of
authorities from the National Command Authority for military
cyberspace operations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary to notify the congressional defense committees of
delegations of authority and to describe operational details
separately to account for the potential immaturity of
operational plans as of the initial delegation of
authorities.
Limitation of funding for Consolidated Afloat Networks and
Enterprise Services (sec. 1643)
The House amendment contained a provision (sec. 1629) that
would place a limitation on 15 percent of all funds
authorized to be appropriated by this Act for the Navy's
Consolidated Afloat Networks and Enterprise Services until
the Secretary of Defense certifies that the Navy has
implemented the recommendations of the Office of the
Inspector General.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Annual military cyberspace operations report (sec. 1644)
The House amendment contained a provision (sec. 1630) that
would require the Secretary of Defense to provide to the
congressional defense committees, not later than March 1 of
each calendar year, an annual report on military cyberspace
operations, to include cyber effects-enabling and cyber
effects operations, activities, and missions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
certain requirements of the report.
Annual report on cyber attacks and intrusions against the
Department of Defense by certain foreign entities (sec.
1645)
The House amendment contained a provision (sec. 1239) that
would require the Secretary of Defense to submit to the
congressional defense committees annual reports on
cyberattacks 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
report.
Control and analysis of Department of Defense data stolen
through cyberspace (sec. 1646)
The Senate bill contained a provision (sec. 1637) that
would define requirements for the Department of Defense (DOD)
in the event that DOD data have been stolen or are suspected
to have been stolen via cyber means. The provision provides a
series of requirements for the DOD when it directly controls
[[Page H9823]]
the data or access to the data. The provision would further
require that, when the DOD does not have unilateral control
of the data and when law enforcement or intelligence
community information controls have been imposed on the
handling of and access to the data, the Secretary of Defense
coordinate with the Director of the Federal Bureau of
Investigation or Director of National Intelligence, as
appropriate, to carry out the same series of requirements.
The House contained no similar provision.
The House recedes with an amendment that would modify the
requirements to: (1) allow the Department to have consistent
access to the relevant data by other means; (2) specify
mission critical Department systems should have analytic
products developed; (3) modify the mission affected entities
definition; (4) modify requirements of the
counterintelligence organizations; and (5) modify the
requirements for data in possession of or under the controls
imposed by the Federal Bureau of Investigation or the
Director of National Intelligence.
Use of National Security Agency cybersecurity expertise to
support evaluation of commercial cybersecurity products
(sec. 1647)
The Senate bill contained a provision (sec. 1641) that
would establish as a mission of the National Security Agency
the advising and assistance of the Department of Defense in
its acquisition and adaptation of cybersecurity products and
services from industry, especially the commercial
cybersecurity sector.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify that
this technical mission would be conducted in support of the
Department's selection and adaption of commercial products
rather than the Department's contracting and business-
specific acquisition functions.
Framework to enhance cybersecurity of the United States
defense industrial base (sec. 1648)
The Senate bill contained a provision (sec. 1634) that
would require the Secretary of Defense to develop a
consistent, comprehensive framework to enhance the
cybersecurity of the U.S. defense industrial base and to
provide the congressional defense committees a briefing on
the framework not later than March 11, 2020. The framework
would include: (1) Identification of cybersecurity standards
and requirements imposed on the defense industrial base; (2)
Responsibilities of the prime contractor and all
subcontractors in the supply chain for implementing those
standards and requirements; (3) A plan to provide
cybersecurity guidance and assistance to contractors; and (4)
Methods and programs for defining and managing controlled
unclassified information.
The House amendment contained a provision (sec. 1631) that
would require the Secretary of Defense to provide a report to
the congressional defense committees not later than May 1,
2020, on the Department of Defense's efforts related to
cybersecurity and the Defense Industrial Base.
The House recedes with an amendment that would modify
certain requirements of the framework.
Report on cybersecurity training programs (sec. 1649)
The House amendment contained a provision (sec. 1634) that
would require the Secretary of Defense to submit a report to
the congressional defense committees detailing all Department
of Defense efforts and programs to train elementary,
secondary, and post-secondary students in fields related to
cybersecurity, cyber defense, and cyber operations.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
limit the report delivery to the Committees on Armed Services
of the Senate and House of Representatives.
National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace (sec.
1650)
The House amendment contained a provision (sec. 1635) that
would require the President to provide the congressional
defense committees with copies of all National Security
Presidential Memoranda relating to Department of Defense
operations in cyberspace.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
committees to read and return all National Security
Presidential Memorandums relating to Department of Defense
operations in cyberspace.
Reorientation of Big Data Platform program (sec. 1651)
The Senate bill contained a provision (sec. 1631) that
would require the Secretary of Defense to reorient the
Department of Defense's Big Data Platform program by
establishing a common baseline and security classification
scheme for the collection, querying, analysis, and
accessibility of a common and comprehensive set of metadata
from sensors, applications, and systems deployed across the
Department of Defense Information Network.
The House amendment contained no similar provision.
The House recedes with a technical and clarifying
amendment.
Zero-based review of Department of Defense cyber and
information technology personnel (sec. 1652)
The Senate bill contained a provision (sec. 1632) that
would require the heads of Department of Defense departments,
agencies, and components to complete zero-based reviews of
the cyber and information technology personnel in those
departments, agencies, and components.
The House amendment contained no similar provision.
The House recedes.
Study on improving cyber career paths in the Navy (sec. 1653)
The Senate bill contained a provision (sec. 1633) that
would require the Secretary of the Navy to conduct a study on
improving cyber career paths in the Navy. The provision would
also require the Secretary to submit a report to the
congressional defense committees, no later than October 1,
2020, on the findings of the study.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify that
the report should include an evaluation of the Cyber Warfare
Engineer career field for officers.
Accreditation standards and processes for cybersecurity and
information technology products and services (sec. 1654)
The Senate bill contained a provision (sec. 1638) that
would require the Department of Defense (DOD) Chief
Information Officer (CIO) to assess the accreditation
standards and processes of the military departments and other
components of the DOD for cybersecurity and information
technology products and services.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify that
this assessment should be carried out in accordance with the
CIO's existing responsibilities for cybersecurity and cyber
capability architectures of the Department of Defense and
with the budget review authority established in section 142
of title 10, United States Code.
Study on future cyber warfighting capabilities of Department
of Defense (sec. 1655)
The Senate bill contained a provision (sec. 1642) that
would require the Secretary of Defense to direct the Defense
Science Board to carry out a study on the future cyber
warfighting capabilities of the Department of Defense (DOD).
The Board's study would include: (1) A technical evaluation
of the Joint Cyber Warfighting Architecture of the DOD; (2) A
technical evaluation of the Department's tool development and
acquisition programs; (3) An evaluation of the operational
planning and targeting of U.S. Cyber Command; and (4)
Recommendations for legislative and administrative action
relating to the DOD's future cyber warfighting capabilities.
The House amendment contained no similar provision.
The House recedes.
Study to determine the optimal strategy for structuring and
manning elements of the Joint Force Headquarters-Cyber
organizations, Joint Mission Operations Centers, and
Cyber Operations-Integrated Planning Elements (sec. 1656)
The Senate bill contained a provision (sec. 1646) that
would require the Department of Defense Principal Cyber
Advisor (PCA) to conduct a study to determine the optimal
strategy for structuring and manning elements of the
following: (1) Joint Force Headquarters-Cyber organizations;
(2) Joint Mission Operations Centers; and (3) Cyber
Operations-Integrated Planning Elements.
The House amendment contained no similar provision.
The House recedes with an amendment that would include the
Joint Cyber Centers in the study.
Cyber governance structures and Principal Cyber Advisors on
military cyber force matters (sec. 1657)
The Senate bill contained a provision (sec. 1647) that
would require each secretary of the military departments to
designate a Principal Cyber Advisor to act as the principal
advisor to the secretary on the cyber forces, cyber programs,
and cybersecurity matters of the military department,
including matters relating to weapons systems, enabling
infrastructure, and the defense industrial base.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1) Require
each secretary of the military departments to appoint a
Principal Cyber Advisor for each military service; (2)
Require each Principal Cyber Advisor to be a senior civilian,
a member of the Senior Executive Service equivalent to a 3-
star flag officer, or by exception a military officer; (3)
Prohibit the dual-hatting of any existing position as the
Principal Cyber Advisor and require each Principal Cyber
Advisor to be independent of the service chief information
officers; and (4) Clarify the responsibilities of each
Principal Cyber Advisor.
Designation of test networks for testing and accreditation of
cybersecurity products and services (sec. 1658)
The Senate bill contained a provision (sec. 1648) that
would require the Secretary of Defense to designate three
test networks for the testing and accreditation of
cybersecurity products and services.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
available the information
[[Page H9824]]
generated to the Office of the Director, Operational Test and
Evaluation.
Consortia of universities to advise Secretary of Defense on
cybersecurity matters (sec. 1659)
The Senate bill contained a provision (sec. 1649) that
would establish one or more consortia of universities to
advise and assist the Secretary of Defense on matters
relating to cybersecurity. The functions of the consortium or
consortia would be: (1) To provide to the Secretary access to
the expertise of the members of the consortium on matters
relating to cybersecurity; (2) To align the efforts of
constituent members to priorities of the Department of
Defense; and (3) To act as a facilitator in responding to
Department requests relating to advice and assistance on
matters relating to cybersecurity and to provide feedback to
the Secretary from constituent members.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1) Clarify
the purpose and functions of the consortium or consortia; (2)
Require that the consortium or consortia be open to all
universities designated as centers of academic excellence by
the Department of Homeland Security and National Security
Agency; and (3) Require that the Secretary of Defense or a
senior level designee meet with the consortium or consortia
at least twice per year.
Joint assessment of Department of Defense cyber red team
capabilities, capacity, demand, and requirements (sec.
1660)
The Senate bill contained a provision (sec. 6605) that
would require the Secretary of Defense to conduct a joint
assessment of Department of Defense cyber red team
capabilities, capacity, demand, and future requirements that
affect the Department's ability to develop, test, and
maintain secure systems in a cyber environment.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--Nuclear Forces
Conforming amendment to Council on Oversight of the National
Leadership Command, Control, and Communications System
(sec. 1661)
The Senate bill contained a provision (sec. 1663) that
would make several conforming changes to the governing
statute of the Council on Oversight of the National
Leadership Command, Control, and Communications System,
section 171a of Title 10, United States Code.
The House amendment contained no similar provision.
The House recedes.
Modification of authorities relating to nuclear command,
control, and communications system (sec. 1662)
The Senate bill contained a provision (sec. 1661) that
would reassign principal responsibility within the Office of
the Secretary of Defense for nuclear command, control, and
communications from the Chief Information Officer to the
Under Secretary of Defense for Acquisition and Sustainment.
The House amendment contained a similar provision (sec.
901).
The House recedes.
Briefings on meetings held by Nuclear Weapons Council (sec.
1663)
The House amendment contained a provision (sec. 1642) that
would require the Nuclear Weapons Council (NWC) to provide
semi-annual briefings to the congressional defense committees
covering all NWC meetings in the previous 6 months, including
a summary of decisions made at each meeting but excluding
decisions relating to the budget submission if the budget
request for such fiscal year has not been submitted to
Congress as of the date of the briefing. The provision would
also require the NWC to submit any decision memoranda used to
support decisions made at such meetings, including a summary
of the considerations that informed each decision.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike the
requirement to submit decision memoranda.
Consideration of budget matters at meetings of Nuclear
Weapons Council (sec. 1664)
The House amendment contained a provision (sec. 1651) that
would modify the enabling statute of the Nuclear Weapons
Council (NWC) as contained in section 179 of title 10, United
States Code, to require that certain budget officials attend
meetings of the NWC, and that the same officials be members
of the Standing and Safety Committee (SSC).
The Senate bill contained no similar provision.
The Senate recedes with amendments that would remove the
provision from code, require that the same officials attend
meetings of the NWC and SSC, and allow the Chairman of the
NWC to exclude an official in exigent circumstances.
Improvement to annual report on the modernization of the
nuclear weapons enterprise (sec. 1665)
The House amendment contained a provision (sec. 1641) that
would extend the reporting requirement in section 1043(a) of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81) by 1 year to 2024. The provision would
also add to the report a requirement to estimate the cost of
modernizing and recapitalizing the nuclear enterprise as a
relative percentage of acquisition costs of the Department of
Defense over the 10 years following the date of the report.
It would also add a requirement to provide a 25-year plan,
including timelines and acquisition and life cycle costs, for
nuclear delivery systems and platforms, nuclear command and
control systems, and facilities, infrastructure, and critical
skills relating to nuclear weapons that are being modernized
or sustained. Finally, the provision would also transfer the
complete reporting requirement to title 10, United States
Code, redesignating it section 492a.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
requirement for the 25-year plan and change the entity
required to report on modernization as a percentage of
acquisition costs from the Secretary of Defense to the
Director of the Congressional Budget Office, as part of the
report previously required as part of section 1043.
Expansion of officials required to conduct biennial
assessments of delivery platforms for nuclear weapons and
nuclear command and control system (sec. 1666)
The Senate bill contained a provision (sec. 1662) that
would add the Commander of the United States Air Forces in
Europe to a list of officials required to report biennially
on the safety, security, reliability, sustainability,
performance, and military effectiveness of the delivery
platforms for nuclear weapons and nuclear command and control
systems for which each official has responsibility.
The House amendment contained no similar provision.
The House recedes.
Extension of annual briefing on costs of forward-deploying
nuclear weapons in Europe (sec. 1667)
The House amendment contained a provision (sec. 1644) that
would extend by 3 years the requirement contained in section
1656 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92) for the Secretary of Defense to
provide an annual briefing to the congressional defense
committees on the cost of forward-deploying U.S. nuclear
weapons in Europe, and add additional committees to those
receiving the briefing.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would retain the
list of committees from section 1656.
Elimination of conventional requirement for long-range
standoff weapon (sec. 1668)
The House amendment contained a provision (sec. 1643) that
would repeal the requirement in section 217(a) of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66) for the Air Force to develop a
conventional variant of the long-range standoff weapon.
The Senate bill contained no similar provision.
The Senate recedes.
Briefing on long-range standoff weapon and sea-launched
cruise missile (sec. 1669)
The Senate bill contained a provision (sec. 1665) that
would require the Under Secretary of Defense for Acquisition
and Sustainment, in consultation with the Administrator for
Nuclear Security, to provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives
on opportunities to increase commonality between the long-
range standoff weapon (LRSO) and the nuclear sea-launched
cruise missile (SLCM-N), and to leverage technology developed
for LRSO in the development of the SLCM-N.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Extension of prohibition on availability of funds for mobile
variant of ground-based strategic deterrent missile (sec.
1670)
The House amendment contained a provision (sec. 1645) that
would extend until 2030 the prohibition contained in the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) on availability of funds for development
of a mobile variant of the ground-based strategic deterrent
program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend the
prohibition through 2024.
Reports on development of ground-based strategic deterrent
weapon (sec. 1671)
The Senate bill contained a provision (sec. 6601) that
would require the Secretary of the Air Force, in coordination
with the Administrator for Nuclear Security and the Chairman
of the Nuclear Weapons Council, to submit an annual report to
the congressional defense committees on the joint development
of the ground-based strategic deterrent (GBSD) and the W87-1
warhead modification program.
The House amendment contained no similar provision.
The House recedes with an amendment that would add an
additional required report if the Air Force receives only one
bid for the engineering and manufacturing development phase
of the GBSD program, assessing plans to mitigate any risks or
costs resulting from the submission of a single bid. Such
report would be due 60 days after award of the contract for
that phase.
[[Page H9825]]
Prohibition on reduction of the intercontinental ballistic
missiles of the United States (sec. 1672)
The Senate bill contained a provision (sec. 1664, as
modified by sec. 6664) that would prohibit the Department of
Defense from reducing, or preparing to reduce, the
responsiveness, alert level, or quantity deployed of U.S.
intercontinental ballistic missiles. The provision would
provide an exception for activities required for maintenance
or sustainment, or to ensure the safety, security, or
reliability of such missiles.
The House amendment contained no similar provision.
The House recedes.
Independent study on policy of no-first-use of nuclear
weapons (sec. 1673)
The House amendment contained a provision (sec. 1649) that
would require the Secretary of Defense 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.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would modify some
elements of the required study, move the deadlines for
submission 30 days later, and add a requirement for an
interim briefing not later than 120 days after the date of
enactment of this Act.
Independent study on risks of nuclear terrorism and nuclear
war (sec. 1674)
The House amendment contained a provision (sec. 1650) that
would require the Secretary of Defense to enter into a
contract with the National Academy of Sciences to conduct a
study on the potential risks of nuclear terrorism and nuclear
war.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would modify a
number of elements of the required study.
Report on military-to-military dialogue to reduce risks of
miscalculation leading to nuclear war (sec. 1675)
The House amendment contained a provision (sec. 1646) that
would require the Secretary of Defense, in coordination with
the Secretary of State, to submit to the appropriate
congressional committees a report describing current
military-to-military dialogue between the United States and
other countries to reduce the risk of miscalculation,
unintended consequences, or accidents that could precipitate
a nuclear war, as well as bilateral or multilateral
agreements to which the United States is a party that address
the same risks. The report would also contain a joint
assessment 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, Iran, and North
Korea.
The Senate bill contained no similar provision.
The Senate recedes with several clarifying amendments, as
well as an amendment that would add consideration of other
efforts conducted between the U.S. government and foreign
governments, or between nongovernmental organizations and
foreign counterparts, to reduce such risks. The amendments
would also require assessment of the willingness of the above
governments to engage in such discussions.
Report on nuclear forces of the United States and near-peer
countries (sec. 1676)
The Senate bill contained a provision (sec. 1243) that
would require the Secretary of Defense, in coordination with
the Director of National Intelligence (DNI) and the Secretary
of State, to submit a report on Russian nuclear systems
deployed or under development not covered by New START,
Russian non-deployed strategic nuclear systems, nuclear
modernization programs of China, and the implications of
these assessments on the New START central limits.
The House amendment contained a similar provision (sec.
1652) that would require the Secretary of Defense, in
coordination with the DNI, to submit a report to the
congressional defense committees on current and planned
nuclear systems of the United States, Russia, and China,
including projections through 2040.
The Senate recedes with an amendment that would change the
report's deadline to February 15, 2020, and specify the
inclusion of Russian nuclear systems deployed or under
development not covered by New START and Russian non-deployed
strategic nuclear systems.
Report on operation of conventional forces of military
departments under employment or threat of employment of
nuclear weapons (sec. 1677)
The Senate bill contained a provision (sec. 6603) that
would require the secretaries of the military departments,
and the Commandant of the Marine Corps, to each submit to the
congressional defense committees a report detailing measures
taken to ensure the ability of conventional forces to operate
under employment or threat of employment of nuclear weapons.
The House amendment contained no similar provision.
The House recedes with amendments that would consolidate
the four reports into a single report by the Secretary of
Defense, in coordination with the service secretaries, and
modify elements of the report's contents.
Report on operation of conventional forces of certain
combatant commands under employment or threat of
employment of nuclear weapons (sec. 1678)
The Senate bill contained a provision (sec. 6604) that
would require the Commander, U.S. European Command, and the
Commander, U.S. Indo-Pacific Command, to each submit a report
to the congressional defense committees detailing measures
taken to ensure the ability of conventional forces to operate
under employment or threat of employment of nuclear weapons.
The House amendment contained no similar provision.
The House recedes with amendments that would consolidate
the two reports into a single report from the Chairman of the
Joint Chiefs of Staff, in coordination with the Commanders of
U.S. European Command, U.S. Indo-Pacific Command, and U.S.
Strategic Command, and modify elements of the report's
contents.
Briefings on plan for future-systems-level architecture of
nuclear command, control, and communications systems
(sec. 1679)
The House amendment contained a provision (sec. 1648) that
would require the Secretary of Defense, in coordination with
the Commander of U.S. Strategic Command, to submit a plan on
the future of nuclear command, control, and communications
systems within 270 days of the date of enactment of this Act.
The provision would also require the Secretary to provide an
interim briefing within 90 days of the date of enactment.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would change the
requirement to a series of biannual briefings beginning in
February 2020 through 2025, and modify some elements
contained within the plan, including the addition of an
assessment of personnel required to evaluate and execute the
architecture.
Sense of Congress on nuclear deterrence commitments of the
United States (sec. 1680)
The Senate bill contained a provision (sec. 1667) that
would express the sense of the Senate on the importance of
the extended nuclear deterrence commitments of the United
States, including forward deployment of U.S. dual-capable
aircraft.
The House amendment contained no similar provision.
The House recedes with several clarifying amendments.
Subtitle E--Missile Defense Programs
National missile defense policy (sec. 1681)
The Senate bill contained a provision (sec. 1672) that
would express the sense of the Senate regarding the need for
a comprehensive U.S. missile defense policy and program. It
would also modify national missile defense policy as
established by section 1681 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to add defense against cruise and hypersonic missile threats.
Finally, the provision would require the Secretary of Defense
to redesignate all Department of Defense strategies,
policies, programs, and systems to reflect that U.S. missile
defense programs defend against ballistic, cruise, and
hypersonic missiles in all phases of flight.
The House amendment contained a provision (sec. 1661) that
would modify section 1681 to reflect the principles governing
U.S. missile defense as outlined by the 2019 Missile Defense
Review (MDR), and would require the Director of Cost
Assessment and Program Evaluation (CAPE) to provide a
briefing to the Committees on Armed Services of the House and
Senate.
The Senate recedes with several clarifying amendments, as
well as amendments that would strike the briefing requirement
and retain the redesignation requirement from the Senate
bill.
The conferees direct the CAPE Director to provide to the
congressional defense committees, no later than January 31,
2020, a briefing on the programmatic impacts of
implementation of the 2019 MDR across the Department.
Development of space-based ballistic missile intercept layer
(sec. 1682)
The House amendment contained a provision (sec. 1664) that
would repeal the requirement contained in section 1688(c) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91) for the Director of the Missile Defense
Agency to establish a space test bed to conduct research on a
space-based missile intercept layer.
The Senate bill contained no similar provision.
The Senate recedes.
Development of hypersonic and ballistic missile tracking
space sensor payload (sec. 1683)
The Senate bill contained a provision (sec. 1673) that
would require the Secretary of Defense to assign primary
responsibility for the development and deployment of a
hypersonic and ballistic tracking space sensor (HBTSS) to the
Director of the Missile Defense Agency (MDA). The provision
would also require the Comptroller and the Director of Cost
Assessment and Program Evaluation to certify to the
congressional defense committees whether this program is
fully funded through the future years defense program
submitted with the fiscal year 2021 budget request, and
require the Director of the MDA to begin on-orbit testing of
the system no later than December 31, 2021. Finally, the
provision would require the Secretary to submit a report on
efforts relating to space-based sensing and
[[Page H9826]]
tracking capabilities for missile defense at the MDA, the
Defense Advanced Research Projects Agency (DARPA), the Air
Force, and the Space Development Agency (SDA).
The House amendment contained a provision (sec. 1662) that
would require the Director of the MDA, in coordination with
the Director of the SDA and the Secretary of the Air Force,
to develop an HBTSS payload and integrate it into the broader
space-based sensing architecture in support of the ballistic
missile defense system. The provision would also require the
Director of the MDA to submit to the appropriate
congressional committees a plan for how the Director, in
coordination with the Director of the SDA and the Secretary
of the Air Force, will develop and integrate such a payload,
how such a payload will address the U.S. Strategic Command
requirement, and estimated costs to develop, acquire, deploy,
operate, and sustain this payload.
The Senate recedes with an amendment that would make the
Secretary of Defense responsible for submitting the plan, and
include the requirement to report on efforts across the MDA,
DARPA, the Air Force, and SDA. The amendment would also
retain the requirement from the Senate bill for the Secretary
to assign primary responsibility for development of an HBTSS
payload to the Director of the MDA, and to submit to the
congressional defense committees a certification of such
assignment.
Modifications to required testing by Missile Defense Agency
of ground-based midcourse defense element of ballistic
missile defense system (sec. 1684)
The Senate bill contained a provision (sec. 1677) that
would express the sense of the Senate on a highly successful
2018 Missile Defense Agency (MDA) flight test campaign.
The House amendment contained a provision (sec. 1671) that
would modify requirements for flight testing of the ground-
based midcourse defense (GMD) element of the ballistic
missile defense system pursuant to section 1689 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), including by eliminating the ability
for the Director of the MDA to forgo a test of the GMD in
any given year due to any condition not specified in
subsection (c) of section 1689.
The Senate recedes with an amendment that would strike the
elimination of such ability but retain the other
modifications in the House amendment.
The conferees commend the MDA and all other Department
components involved on a successful 2018 flight test
campaign, especially on FTG-11, the first salvo test of the
GMD system.
Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production (sec. 1685)
The Senate bill contained a provision (sec. 1671) that
would authorize funds for the Missile Defense Agency to
provide to the Government of Israel to procure components for
the Iron Dome short-range rocket defense system, the David's
Sling Weapon System, and the Arrow 3 Upper Tier Interceptor
Program, including through co-production of such components
in the United States. The provision would also provide a
series of certification requirements relating to
implementation of the relevant bilateral agreements before
disbursal of these funds, consistent with previous
legislative requirements.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Limitation on availability of funds for lower tier air and
missile defense sensor (sec. 1686)
The House amendment contained a provision (sec. 1668) that
would limit obligation or expenditure of funds for fiscal
year 2020 to 75 percent for the Army for the lower tier air
and missile defense sensor until the Secretary of the Army
provides a report to the congressional defense committees on
the results of the test events held in the third quarter of
fiscal year 2019, and on the decision of the Army to award a
contract for initial operational capability based on those
test events.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Plan for the redesigned kill vehicle replacement (sec. 1687)
The Senate bill contained a provision (sec. 1675) that
would require the Director of the Missile Defense Agency
(MDA) to submit a report to the congressional defense
committees on the delay in the Redesigned Kill Vehicle (RKV)
program.
The Senate bill also contained a provision (sec. 1676) that
would require the Director to submit a report on options to
increase the capability, capacity, and reliability of the
ground-based midcourse defense system, including the
infrastructure requirements for increasing the number of
ground-based interceptors.
The House amendment contained a provision (sec. 1663) that
would express the sense of Congress that the Director of the
MDA must address the technical issues with the RKV program
before moving forward with development, procurement, and
fielding of the vehicle. The provision would also modify the
waiver contained in section 1683(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), which prohibited a lot production
decision for the RKV until after a successful intercept
flight test, such that the Secretary of Defense would also
need to conduct an assessment of the missile developments of
both North Korea and Iran during the 18-month period
preceding the date of the waiver.
The House recedes with amendments that would add a sense of
Congress addressing the termination by the Department of the
RKV contract in August 2019 and encouraging the Director to
proceed with a follow-on program guided by principles of
responsible acquisition, including conducting a successful
flight test before making production decisions. The
amendments would also modify certain elements of the
reporting requirement to reflect the program replacing the
RKV, and include elements of the report from section 1676 of
the Senate bill. Finally, the amendments would prohibit the
obligation or expenditure of more than 50 percent of fiscal
year 2020 funds for the next-generation improved homeland
defense interceptor until the Secretary of Defense submits
such report.
Organization, authorities, and billets of the Missile Defense
Agency (sec. 1688)
The Senate bill contained a provision (sec. 1674) that
would express the sense of the Senate in support of the
nonstandard acquisition processes used by the Missile Defense
Agency (MDA). It would also prohibit obligation or
expenditure of funds to change these processes until the
Secretary of Defense has consulted with a number of senior
defense officials with responsibility for aspects of missile
defense, submitted a report to the congressional defense
committees, and allowed 270 days to elapse after submittal.
The House amendment contained a provision (sec. 1665) that
would contain a similar prohibition on obligation or
expenditure of funds until the Secretary notifies the
congressional defense committees of the proposed changes to
the nonstandard acquisition processes, and allows 90 days to
elapse after such notification. The provision would also
require the Secretary of Defense to enter into a contract
with a federally funded research and development center
(FFRDC) to assess the organization of the MDA under the Under
Secretary of Defense for Research and Engineering, in
comparison with alternative organizational structures, and
assess the risks and benefits of transitioning the MDA to the
standard Department of Defense acquisition process. Finally,
the provision would prohibit the Secretary of Defense from
transferring civilian or military billets from the MDA to any
element of the Department under the authority of the Under
Secretary of Defense for Research and Engineering until the
Secretary notifies the congressional defense committees of
the proposed transfer, and allows 90 days to elapse after
such notification.
The Senate recedes with an amendment that would extend the
deadline for submission of the FFRDC assessment by 30 days,
retain the report required in the notice in the Senate
provision with the addition of the Under Secretary of Defense
for Acquisition and Sustainment as a consulted official, and
change the waiting period after the notification of any
change to the acquisition processes to 120 days.
Annual assessment of ballistic missile defense system (sec.
1689)
The House amendment contained a provision (sec. 1670) that
would express the sense of Congress that operational test and
evaluation of the ballistic missile defense system (BMDS)
should be conducted thoroughly in accordance with title 10,
United States Code. The provision would also require the
Director of Operational Test and Evaluation to include in the
annual report to Congress under section 139 of title 10,
United States Code, an assessment of the BMDS, including all
elements of the system that are fielded or are planned to be
fielded.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike the
sense of Congress.
Command and control, battle management, and communications
program (sec. 1690)
The House amendment contained a provision (sec. 1669) that
would prohibit the Missile Defense Agency (MDA) from
releasing the command and control, battle management, and
communications (C2BMC) program to foreign partners until the
Director of the MDA submits a report to the appropriate
congressional committees.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Missile defense interceptor site in contiguous United States
(sec. 1691)
The Senate bill contained a provision (sec. 1679) that
would require the Secretary of Defense to make available to
the public the Environmental Impact Statement (EIS) prepared
in accordance with section 227(b) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239).
The House amendment contained a provision (sec. 1666) that
would require the Secretary of Defense to designate the
preferred location of a missile defense site in the
contiguous United States from among the locations evaluated
pursuant to section 227. The provision would also require the
Secretary to submit to the congressional defense committees a
report on such designation.
[[Page H9827]]
The Senate recedes with an amendment that would strike the
requirement to designate a preferred location but retain the
requirement for a report.
The conferees note that the EIS was made available to the
public in August 2019. The conferees also note that the
Secretary identified a preferred location in June 2019, while
maintaining the determination made in the Missile Defense
Review that there is no operational requirement to develop a
third site in the contiguous United States at this time.
Independent study on impacts of missile defense development
and deployment (sec. 1692)
The House amendment contained a provision (sec. 1672) that
would require the Secretary of Defense to enter into an
agreement with the National Academy of Sciences to conduct a
study on the impacts of the development and deployment of
U.S. long-range missile defenses on the security of the
United States as a whole.
The Senate bill contained no similar provision.
The Senate recedes with several clarifying amendments and
an amendment that would change the entity conducting the
study to a federally funded research and development center.
Report and briefing on multi-volume kill capability (sec.
1693)
The House amendment contained a provision (sec. 1673) that
would require the Under Secretary of Defense for Research and
Engineering to submit to the congressional defense committees
a report on the potential need for a multi-object kill
vehicle in future architecture of the ballistic missile
defense system.
The Senate bill contained no similar provision.
The Senate recedes with several technical and clarifying
amendments, as well as an amendment that would require the
Under Secretary to coordinate such report with the Director
of the Missile Defense Agency, the Under Secretary of Defense
for Acquisition and Sustainment, and the Director of Cost
Assessment and Program Evaluation.
Subtitle F--Other Matters
Extension of authorization for protection of certain
facilities and assets from unmanned aircraft (sec. 1694)
The Senate bill contained a provision (sec. 1682) that
would provide an extension of the authority that exists in
Title 10, United States Code, section 130i, for protection of
Department of Defense facilities and assets associated with
certain mission areas from unauthorized operation of unmanned
aircraft.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
existing authority to the year 2023.
The conferees also direct the Secretary of Defense to
provide a report to the congressional defense committees not
later than April 1, 2020 that details how the Secretary plans
to protect Department of Defense ammunition manufacturing
facilities that are government-owned and contractor-operated
from unauthorized overflight of unmanned aircraft not covered
by the protection authority provided under Title 10, United
States Code, section 130i, concerning protection of certain
facilities and assets from unmanned aircraft. The report
should also include recommendations, if appropriate,
regarding any legislative authorities that may be required to
protect these facilities.
Repeal of requirement for commission on electromagnetic pulse
attacks and similar events (sec. 1695)
The House amendment contained a provision (sec. 1683) that
would acknowledge the release of the Executive Order dated
March 26, 2019, on coordinating national resilience to
electromagnetic pulses (EMP), and repeal the requirement in
section 1691 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) for a congressional
commission on EMP.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike the
findings.
Repeal of review requirement for ammonium perchlorate report
(sec. 1696)
The House amendment contained a provision (sec. 1682) that
would repeal the requirement for the Comptroller General of
the United States to review the report required by section
1684(c) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
The Senate bill contained no similar provision.
The Senate recedes.
Transferability of conventional prompt global strike weapon
system technologies to surface-launched platforms (sec.
1697)
The House amendment contained a provision (sec. 1684) that
would express the sense of Congress related to hypersonic
weapon systems, prohibit any fiscal year 2020 funds for a
submarine-launched conventional prompt global strike
capability unless such capability is transferable to a
surface-launched platform, and require the Secretary of the
Navy to submit a report to the congressional defense
committees on the programmatic changes required to integrate
such a system into surface ships.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
sense of Congress and change the prohibition to a requirement
that the Secretary of the Navy ensure that technologies
developed for such a system are transferable to surface-
launched platforms.
Prohibition on availability of funds for certain offensive
ground-launched ballistic or cruise missile systems (sec.
1698)
The House amendment contained a provision (sec. 1270J) that
would make a series of findings related to the U.S.
withdrawal from the Intermediate-Range Nuclear Forces (INF)
Treaty. The provision would also prohibit the use of any
funds authorized to be appropriated by this Act for research
and development, procurement, or deployment of a ground-
launched intermediate-range ballistic or cruise missile
system, unless the Secretary of Defense submits a report to
Congress related to the termination of the INF Treaty and the
development or deployment of INF-range missile systems.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
findings and modify the prohibition to apply only to fiscal
year 2020 funds for procurement or deployment of such
systems. The amendments would also separate the report from
the prohibition, modify the required contents of the report,
and apply a deadline of January 31, 2020.
Hard and deeply buried targets (sec. 1699)
The Senate bill contained a provision (sec. 1683) that
would require the Chairman of the Joint Chiefs of Staff, in
consultation with the Commander of U.S. Strategic Command, to
submit to the congressional defense committees a classified
report on hard and deeply buried targets associated with U.S.
military operations plans, including an assessment of the
ability of the United States to hold such targets at risk
currently and as projected in 2030. The provision would also
require the Secretary of Defense to develop a plan to ensure
the United States possesses capabilities to pose a credible
deterrent threat against such targets by 2025, and submit a
recurring certification that such plan is being implemented.
The House amendment contained no similar provision.
The House recedes with amendments that would change the
report to a briefing, strike the certification requirement,
and add certain elements to the content of the briefing.
Legislative Provisions Not Adopted
Intelligence assessment of relationship between women and
violent extremism
The House amendment contained a provision (sec. 1614) that
would require, not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Director
of National Intelligence, in consultation with the Secretary
of Defense, the Secretary of State, and the head of any
element of the intelligence community the Director determines
appropriate, shall submit an intelligence assessment on the
relationship between women and violent extremism and
terrorism.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that elsewhere in this Act is a
provision that would require the Secretary of Defense to seek
to enter into a contract with an independent research and
development center to conduct an independent analysis on
gender and violent extremism.
Modification of term of Commander of Air Force Space Command
The Senate bill contained a provision (sec. 1614) that
would change the term of the Commander, Air Force Space
Command, from 6 years to 4 years.
The House amendment contained no similar provision.
The Senate recedes.
Funding for Defense Counterintelligence and Security Agency
The House amendment contained a provision (sec. 1615) that
would increase, by $5,206,997 the amounts available in
section 301 for Operation and Maintenance for Defense
Security Service for the purposes of acquiring advanced cyber
threat detection sensors, hunt and response mechanisms, and
commercial cyber threat intelligence. The provision would
include an offset in section 4101, for Integrated personnel
and pay system.
The Senate amendment contained no similar provision.
The House recedes.
Report on potential Defense Intelligence Polygraph
Examination Military Transition Program
The House amendment contained a provision (sec. 1616) that
would require, not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States to submit a report assessing the feasibility of
establishing a Defense Intelligence Polygraph Examination
Military Transition Program for members of the Armed Services
transitioning to civilian employment.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the United
States to submit a report not later than one year after the
date of enactment of this Act to the Armed Services
Committees of the House of Representatives and the Senate
that assesses the advisability and feasibility of
establishing a Defense Intelligence Polygraph Examination
Military
[[Page H9828]]
Transition Program for members of the Armed Forces
transitioning to civilian employment. The report shall
include, at a minimum, the following:
(1) A review of the feasibility of establishing a program
in the Department of Defense under which members of the Armed
Forces with an active top secret security clearance that
provides for access to sensitive compartmented information
and a current counterintelligence scope polygraph examination
can be provided an opportunity to obtain an expanded scope
polygraph (ESP) if the member receives a written offer of
employment, subject to suitability or security vetting, with
an element of the intelligence community or a contractor of
such an element;
(2) The cost to the Department of Defense for implementing
such program and whether such cost could be shared by other
departments or agencies of the Federal Government or the
private sector;
(3) The factors the Department needs to consider in
determining whether such program would be viable;
(4) The obstacles that exist in implementing such program;
(5) Whether such a program could increase workforce
diversity in the intelligence community;
(6) Whether such a program could increase or decrease
retention among members of the Armed Forces serving in
defense intelligence roles;
(7) Whether any changes are required to be made to policies
of the Department or to Federal law to implement such a
program;
(8) Identification of the current average length of time in
the intelligence community to investigate and adjudicate an
initial and a periodic update top secret security clearance
that provides for access to sensitive compartmented
information and conduct an expanded scope polygraph;
(9) Any other matters the Comptroller General deems
relevant.
National Security Space Launch Program
The Senate bill contained a provision (sec. 1616) that
would prohibit the Secretary of the Air Force from modifying
the acquisition schedule for phase 2 of the National Security
Space Launch (NSSL) program or from awarding missions to more
than two launch service providers.
The House amendment contained a similar provision (sec.
1601) that would require the Secretary of the Air Force to
stay on schedule for Phase 2 of the NSSL program, but would
reopen competition after the first 29 launches of phase 2 and
award $500 million to providers that have not entered into a
phase 2 contract for launch services occurring before fiscal
year 2022, or have entered into a phase 2 contract but have
not entered into a Launch Services Agreement, or both. The
provision would require the Secretary of the Air Force to
notify Congress of its down select decision before the public
announcement, and require a report on the total defense
investments made for each awardee and how such investments
were accounted for in the evaluation of the offers.
The conference agreement does not include either provision.
Cybersecurity Defense Academy pilot program
The House amendment contained a provision (sec. 1636) that
would require the Secretary of Defense to carry out a pilot
program to create a public-private partnership that would
train and place veterans as cybersecurity personnel within
the Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
Expansion of authority for access and information relating to
cyberattacks on Department of Defense operationally
critical contractors
The Senate bill contained a provision (sec. 1644) that
would amend section 391 of title 10, United States Code, to
extend the ability of the Department of Defense (DOD) to
react immediately to reports of intrusions that may affect
critical DOD data.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are sympathetic to the need for this
additional authority, which the Department already has in the
case of cleared defense contractors and which the Department
requested via a legislative proposal. The Department relies
on operationally critical contractors to move troops and
supplies across the world, in peacetime and during conflict,
and adversaries' cyberattacks on these critical contractors
pose a genuine threat to the Department's conduct of
operations. The conferees, however, are concerned that the
Department's legislative proposal was not scoped in such a
way that this authority would be operationalized through
contractual mechanisms. The conferees are also concerned that
the Department's broader efforts to improve the cybersecurity
of its contractors and the Department's ability to respond in
the event of a cyberattack are primarily focused on the
defense industrial base as traditionally conceived of--
namely, those companies that supply the Department's weapons
systems. The cybersecurity of operationally critical
contractors is at least as important as that of traditional
defense industrial base contractors, and the conferees seek
greater clarity as to what efforts are underway to ensure
their cybersecurity.
The conferees therefore direct the Commander of U.S.
Transportation Command, the Under Secretary of Defense for
Acquisition and Sustainment, the Chief Information Officer,
and the Director of the Protecting Critical Technologies Task
Force to brief the Committees on Armed Services of the Senate
and House of Representatives, no later than 90 days after the
enactment of this Act, on: (1) The expected use-case for the
requested authority; (2) The expected implementation through
contractual mechanisms of such an authority; (3) The need for
and purpose of subsections (2) and (3) of the legislative
proposal; and (4) How the Department is treating
operationally critical contractors within its broader efforts
to secure the defense industrial base against cyber attacks
and respond, in the event of a cyberattack, more aggressively
in its investigatory and counterintelligence actions.
The conferees look forward to this briefing and to
legislating on this issue in the Fiscal Year 2021 National
Defense Authorization Act.
Briefing on memorandum of understanding relating to joint
operational planning and control of cyberattacks of
national scale
The Senate bill contained a provision (sec. 1645) that
would require the Secretary of Defense to provide a briefing,
not later than March 1, 2020, to the congressional defense
and homeland security committees on the Joint Department of
Defense and Department of Homeland Security Memorandum of
Understanding, signed by the Secretary of Defense on October
6, 2018.
The House amendment contained no similar provision.
The Senate recedes. The conferees direct the Secretary of
Defense to provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the Joint
Department of Defense and Department of Homeland Security
Memorandum of Understanding signed by the Secretary of
Defense on October 6, 2018.
The briefing shall include information on the following:
(1) The number of planners assigned by the Department of
Defense to line of effort three and line of effort four and
the areas of expertise of those planners; (2) Whether the
these planners are physically co-located with their
counterparts in the Department of Homeland Security and are
assigned full-time or part-time to line of effort three and
line of effort four; (3) Under what authority these planners
have been assigned; (4) The status of the development of
operational plans and playbooks that will be implemented in
response to actual cyberattacks of national scale; (5) The
standing arrangements for interagency coordination and
orchestration of response in the event of a cyberattack of
national scale, including the status of the process
established in Presidential Policy Directive-41 and the
relevant principal, organization, and staff tasked with
orchestrating a whole-of-government response; (6) The charter
and implementation plan of the Joint Department of Defense
and Department of Homeland Security Cyber Protection and
Defense Steering Group; (7) The status of any Department of
Defense cyber intelligence activities and operational
preparation of the environment intended specifically to deter
and disrupt adversary cyberattacks on United States critical
infrastructure and planned in coordination with the
Department of Homeland Security; (8) The current operational
planning activities and standing arrangements between the
Department of Defense and Department of Energy, including a
determination as to whether the Secretary of Energy can
directly request Defense Support of Civil Authorities; and
(9) The status of implementing section 1650 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) on the pilot program authority to
enhance cybersecurity and resilience of critical
infrastructure.
Prohibition on availability of funds for deployment of low-
yield ballistic missile warhead
The House amendment contained a provision (sec. 1646) that
would prohibit the use of any funds authorized to be
appropriated for fiscal year 2020 by this Act for deployment
of the W76-2 warhead.
The Senate bill contained no similar provision.
The House recedes.
Sense of the Senate on industrial base for ground-based
strategic deterrent program
The Senate bill contained a provision (sec. 1666) that
would express the sense of the Senate on the importance of
ensuring the viability of the industrial base for large solid
rocket motors for the ground-based strategic deterrent
program.
The House amendment contained no similar provision.
The Senate recedes.
The conferees encourage the Secretary of Defense to
continue to consider the long-term health and viability of
the industrial base when structuring and awarding major
procurement or development contracts.
Missile defense radar in Hawaii
The House amendment contained a provision (sec. 1667) that
would allow the Missile Defense Agency to use research,
development, test, and evaluation (RDT&E) funds for fiscal
year 2020 to construct portions of the Homeland Defense
Radar-Hawaii (HDR-H).
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Missile Defense Agency notified
Congress that the
[[Page H9829]]
HDR-H project has been delayed due to activities regarding
the environmental impact statement. Due to these delays, the
Department's previous legislative proposal requesting use of
RDT&E funds for HDR-H radar elements would not be executable
in fiscal year 2020.
Sense of the Senate on missile defense technology development
priorities
The Senate bill contained a provision (sec. 1678) that
would express the sense of the Senate on the importance of
advanced missile defense technologies in preventing and
defeating the rapidly expanding offensive missile threat.
The House amendment contained no similar provision.
The Senate recedes.
Modification to reports on certain solid rocket motors
The House amendment contained a provision (sec. 1681) that
would modify the reporting requirement contained in section
1696 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232) to include the
provision of space launch services, and to require
coordination with the Administrator of the National
Aeronautics and Space Administration.
The Senate bill contained no similar provision.
The House recedes.
Sense of Senate on support for a robust and modern ICBM force
to maximize the value of the nuclear triad of the United
States
The Senate bill contained a provision (sec. 6602) that
would express the sense of the Senate in support of a robust
and modern intercontinental ballistic missile (ICBM) force.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that, while the United States has
reduced the number of deployed ICBMs in order to comply with
New START limits, other countries have continued to enhance,
enlarge, or modernize their ICBM forces.
Title XVII--Reports and Other Matters
Subtitle A--Studies and Reports
Modification of annual reporting requirement on defense
manpower (sec. 1701)
The Senate bill contained a provision (sec. 1051) that
would amend section 115a of title 10, United States Code, to
rename, change the due date of, and modify the elements of
the Defense Manpower Requirements Report. The provision would
also require that the (renamed) Defense Manpower Profile
Report be delivered to the Congress each year by April 1.
Additionally, the provision would repeal reporting
requirements related to contractor personnel, major military
force unit justifications, support and overhead manpower
functions, overseas manpower, medical personnel, and the
military technician program. Finally, the provision would set
separate due dates for reporting requirements related to
major Department of Defense headquarters activities and the
diversity of the Armed Forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would repeal
reporting requirements related to contractor personnel, major
military force unit justifications, support and overhead
manpower functions, and overseas manpower. Reports related to
medical personnel and the military technician program would
continue to be required to be submitted to the Congress.
Termination of requirement for submittal to Congress of
certain recurring reports (sec. 1702)
The House amendment contained a provision (sec. 1073) that,
effective on December 30, 2121, would terminate the
requirement that the Department of Defense submit to the
Congress any a recurring report required by an annual
national defense authorization act enacted on or after
December 30, 2016.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
the requirement for the Department of Defense to submit to
Congress the 10 reports specifically enumerated. In addition,
the amendment would provide that except as expressly provided
in the law, any report submitted to Congress pursuant to a
provision of the National Defense Authorization Act shall be
written by a civilian employee of the Federal Government, a
member of the Armed Forces, or both, and not by a contractor.
This limitation will take effect for reports enacted in law
on or after the date that is three years after the date of
the enactment of this Act. Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on the actions
to be taken to implement this limitation.
Modification of annual report on civilian casualties in
connection with United States military operations (sec.
1703)
The Senate bill contained a provision (sec. 1053) that
would extend through December 31, 2025, the reporting
requirement established by section 1057 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91), as most recently amended by section 1062 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232).
The House amendment contained a similar provision (sec.
1063) that would modify and extend for ten years section 1057
of the fiscal year 2018 National Defense Authorization Act,
as most recently amended by section 1062 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232).
The Senate recedes with an amendment that would extend for
7 years section 1057 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), as most
recently amended by section 1062 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) and add elements to the required report.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
45 days following the enactment of this Act identifying any
instances from the preceding year in which an individual was
determined to be a combatant solely based upon proximity to
the intended target or location of a strike or other United
States military direct action operation.
Extension of requirement for briefings on the national
biodefense strategy (sec. 1704)
The Senate bill contained a provision (sec. 1084) that
would amend section 1086(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
by extending to March 1, 2025, the requirement for annual
briefings on the status and implementation plan of the
National Biodefense Strategy.
The House amendment contained no similar provision.
The House recedes.
Authorization of appropriations for title III of the Defense
Production Act of 1950 (sec. 1705)
The Senate bill contained a provision (sec. 6017) that
would amend section 711 of the Defense Production Act of 1950
(50 U.S.C. 4561) to designate, for each of fiscal years 2020
through 2024, an additional $117.0 million above the current
authorization level of $133.0 million for carrying out the
provisions and purposes of the Defense Production Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
technical changes and require an annual briefing to
congressional committees on such activities.
Report on the Department of Defense plan for mass-casualty
disaster response operations in the Arctic (sec. 1706)
The Senate bill contained a provision (sec. 1056) that
would require the Secretary of Defense, in coordination with
the Secretary of Homeland Security, to submit a report on the
plan of the Department of Defense for assisting mass-casualty
disaster response operations in the Arctic.
The House amendment contained no similar provision.
The House recedes.
Transmittal to Congress of requests for assistance from other
departments of the Federal Government that are approved
by the Department of Defense (sec. 1707)
The Senate bill contained a provision (sec. 1058) that
would require the Secretary of Defense to transmit
electronically requests for assistance received from the
Department of Homeland Security or the Department of Health
and Human Services to the Committees on Armed Services of the
Senate and the House of Representatives not later than 7
calendar days after receiving those requests. The provision
also requires the Secretary to transmit any responses to such
requests.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Report and briefing on implementation of national defense
strategy (sec. 1708)
The House amendment contained two provisions (secs. 1052
and 1074) that would facilitate implementation of the
National Defense Strategy (NDS) by requiring the Department
of Defense to review its operational concepts and plans
regarding strategic competitors on matters identified in the
NDS.
The Senate recedes with an amendment that would require two
independent studies, to be performed by a federally funded
research and development center and an independent, non-
governmental institute, on the development of joint
operational concepts within the Department of Defense.
The conferees note the pivotal importance of NDS
implementation to national security and strongly encourage
the Department of Defense to continue to construct and
validate new joint operational concepts to accomplish the
objective of deterring and, if necessary, defeating strategic
competitors.
Actions to increase analytic support (sec. 1709)
The House amendment contained a provision (sec. 1053) that
would require the Department to provide an assessment of the
decision support capacity, specifically the analytic
expertise resident within the Department, to link National
Defense Strategy (NDS) objectives to innovative approaches to
meet future challenges.
The Senate bill contained a provision (sec. 1052) that
would require a report from the Department of Defense on the
plan and processes the Department is setting forth to provide
analytic support to senior leaders for force planning, as it
relates to implementing the NDS.
The Senate recedes with a clarifying amendment.
The conferees note the fundamental importance of underlying
analytic capability to the effective implementation of the
NDS as
[[Page H9830]]
well as to making fully-informed and timely decisions
regarding national security.
Inclusion of certain individuals investigated by Inspectors
General in the semiannual report (sec. 1710)
The House amendment contained a provision (sec. 1064) that
would require the Office of the Inspector General of the
Department of Defense to include in its quarterly reports,
the already-public names of senor officials who commit
misconduct.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
section 5(a)(19) of the Inspector General Act of 1978 (Public
Law 95-452), to require an Inspector General to include in
semiannual reports, a report on each investigation conducted
by the Office involving a senior Government employee against
whom allegations of misconduct were substantiated, including
the name of the senior government official (as that term is
defined by the department or agency), if already made public,
together with: (1) The facts and circumstances of the
investigation; and (2) The status and disposition of the
matter, including if it was referred to the Department of
Justice and that department's action on the referral.
Annual report on Joint Military Information Support
Operations Web Operations Center (sec. 1711)
The House amendment contained a provision (sec. 1065) that
would require the Commander of U.S. Special Operations
Command to provide an annual report to the congressional
defense committees not later than March 1 of each year on the
Joint Military Information Support Operations Web Operations
Center.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Mobility capability requirements study (sec. 1712)
The House amendment contained a provision (sec. 1066) that
would require the Assistant Secretary of Defense for Special
Operations/Low-Intensity Conflict and the Commander, U.S.
Transportation Command, to submit a report and a briefing to
the House Committee on Armed Services by January 1, 2021,
with an interim update by June 1, 2020, assessing the
operational risk for meeting the mobility requirements of the
geographic combatant commanders.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Assessment of special operations force structure (sec. 1713)
The House amendment contained a provision (sec. 1067) that
would require the Secretary of Defense not later than 30 days
after the date of enactment of this Act to enter into an
agreement with a federally funded research and development
center for the conduct of an independent assessment of the
force structure and roles and responsibilities of special
operations forces.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Army aviation strategic plan and modernization roadmap (sec.
1714)
The House amendment contained a provision (sec. 1068) that
would require the Secretary of the Army to develop a
comprehensive strategic plan for Army aviation and to provide
a report to Congress containing the required comprehensive
strategic plan and an analysis of sustainment and
modernization decisions to meet such plan.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on ground based long-range artillery to counter land
and maritime threats (sec. 1715)
The House amendment contained a provision (sec. 1069) that
would require the Secretary of Defense to provide a report to
the Committees on Armed Services of the Senate and House of
Representatives on the efforts of the Army and Marine Corps
to develop and deploy ground-based long-range rocket and
cannon artillery to counter land and maritime threats.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Independent review of transportation working-capital fund
(sec. 1716)
The House amendment contained a provision (sec. 1070) that
would require the Secretary of Defense, in coordination with
the Secretaries of the military departments, to contract with
an independent federally funded research and development
center to conduct a review of the Transportation Working
Capital Fund of the U.S. Transportation Command.
The Senate bill contained no similar provision.
The Senate recedes.
Geographic command risk assessment of proposed use of certain
aircraft capabilities (sec. 1717)
The House amendment contained a provision (sec. 1071) that
would require selected commanders of geographic combatant
commands to provide a report to the congressional defense
committees not later than March 31, 2020, that assesses the
level of operational risk posed by the plans of the
Department of the Air Force and the Department of the Navy to
provide a mix of fifth generation and advanced fourth
generation tactical aircraft capabilities to meet each
commanders' contingency and steady-state operational
requirements.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on the backlog of personnel security clearance
adjudications (sec. 1718)
The House amendment contained a provision (sec. 1076) that
would require the Suitability Executive Agent to submit a
report to Congress on the backlog of personnel security
clearance adjudications.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Security Executive Agent, in coordination with members of the
Performance Accountability Council, to submit a report to
Congress on the backlog of personnel security clearance
adjudications conducted by all Government agencies that
adjudicate decisions for security clearances.
Report regarding outstanding Government Accountability Office
recommendations (sec. 1719)
The House amendment contained a provision (sec. 1080C) that
would direct the Secretary of Defense to report to Congress
on the priority recommendations of the Comptroller General of
the United States regarding matters of the Department of
Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to report on priority recommendations
that have not yet been implemented due to funding limitations
and the estimated costs associated with implementing such
recommendations.
Report on National Guard and United States Northern Command
capacity to meet homeland defense and security incidents
(sec. 1720)
The Senate bill contained a provision (sec. 6010) that
would require, not later than September 30, 2020, the Chief
of the National Guard Bureau, in consultation with the
Commander of United States Northern Command (NORTHCOM), to
provide a report that assesses National Guard and NORTHCOM
resources and readiness.
The House amendment contained an identical provision (sec.
520C).
The conference agreement includes this provision.
Assessment of standards, processes, procedures, and policy
relating to civilian casualties (sec. 1721)
The House amendment contained a provision (sec. 1087) that
would require the Secretary of Defense to enter into an
agreement with a federally funded research and development
center for 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.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
When conducting the assessment required by this provision,
the conferees encourage the selected federally funded
research and development center to consider whether and how
pre-strike Collateral Damage Estimates are factored in to
post-strike analysis and investigations. The conferees also
commend the Department for their ongoing efforts to engage
and consider the views of non-governmental organizations on
issues surrounding civilian casualties and potential methods
to mitigate such events, and encourage this necessary
engagement to continue as the results of this assessment are
considered and incorporated into Department of Defense
policy.
Report on transfers of equipment to prohibited entities (sec.
1722)
The House amendment contained a provision (sec. 1061) that
would amend chapter 16 of title 10, United States Code, to
require an annual report on transfers of equipment to
prohibited entities. The provision would also require the
Secretary of Defense not later than March 1, 2020 to submit a
report to specified congressional committees on the transfer
of defense articles during the period beginning on January 1,
2015 and ending on the date of enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require not
later than March 1, 2021 and each subsequent year through
2025, the Secretary of Defense, in coordination with the
Secretary of State, to submit a report to specified
congressional committees on transfers of equipment to
prohibited entities.
Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities (sec. 1723)
The House amendment contained a provision (sec. 1072) that
would require an annual report to congress not later than May
1 of each year on the number of strikes undertaken by the
United States against terrorist targets outside areas of
active hostilities
[[Page H9831]]
during the preceding calendar year, as well as assessments of
combatant and non-combatant deaths resulting from those
strikes.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Director of National Intelligence and the Secretary of
Defense to jointly submit to congress an annual report not
later than May 1, 2020 and for two years thereafter 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.
Review and assessment of mitigation of military helicopter
noise (sec. 1724)
The House amendment contained a provision (sec. 1096) that
would require the Secretary of Defense to develop a noise
inquiry website to assist in directing mitigation efforts.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense to conduct a study on the causes and
effects of military helicopter noise on the National Capital
Region.
Subtitle B--Other Matters
Technical, conforming, and clerical amendments (sec. 1731)
The House amendment contained a provision (sec. 1081) that
would make a number of technical, conforming, and clerical
amendments of a non-substantive nature to existing law.
The Senate bill contained no similar provision.
The Senate recedes with technical amendments.
Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification (sec. 1732)
The Senate Bill contained a provision (sec. 6511) that
would amend section 113 of title 10, United States Code, to
require the Secretary of Defense to provide written
notification to the Chair of the Council of Inspectors
General on Integrity and Efficiency of the commencement or
designation of a military operation as an overseas
contingency operation, so as to facilitate the Chair's timely
designation of a Lead Inspector General for that overseas
contingency operation.
The House amendment contained no similar provision.
The House recedes.
Clarification of authority of Inspectors General for overseas
contingency operations (sec. 1733)
The Senate bill contained a provision (sec. 6512) that
would amend section 8L(d)(2) of the Inspector General Act of
1978 (5 U.S.C. App), to enhance cooperation among Inspectors
General and encourage comprehensive oversight of any
contingency operation. The provision provides that upon
request by the Inspector General with principal jurisdiction
over a matter with respect to a contingency operation, and
with the approval of the lead Inspector General, an Inspector
General specified in the Act may provide investigative
support or conduct an independent investigation of any
allegation of criminal activity by any United States person
or agent in the applicable theater of operations.
In the case of a determination by the lead Inspector
General that no Inspector General has principal jurisdiction
over a matter with respect to a contingency operation, the
lead Inspector General may conduct an independent
investigation of such criminal allegations, or request that
an Inspector General specified in the Act do so.
Finally, the provision clarifies that any Inspector General
responsible for conducting oversight of any program or
operation performed in support of a contingency operation may
coordinate such activities with, and provide information
requested by the lead Inspector General.
The House amendment contained no similar provision.
The House recedes.
Employment status of annuitants for Inspectors General for
overseas contingency operations (sec. 1734)
The Senate bill contained a provision (sec. 6513) that
would amend section 8L(d) of the Inspector General Act of
1978 (5 U.S.C. App.) to permit an annuitant receiving an
annuity under the Foreign Service Retirement and Disability
System or the Foreign Service Pension System to continue to
receive a foreign service annuity while reemployed by an
Inspector General for an overseas contingency operation.
Further, the provision establishes that upon completion of
2 years of continuous service in the employ of a lead
Inspector General for an overseas contingency operation, an
employee acquires competitive status for appointment to any
position in the competitive service for which he or she
possesses the requisite qualifications. This enhanced
appointment authority will sunset as to persons first
employed by a lead Inspector General for an overseas
contingency operation more than 2 years after the date of the
enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Extension of National Security Commission on Artificial
Intelligence (sec. 1735)
The Senate bill contained a provision (sec. 1042) that
would delay the termination of the National Security
Commission on Artificial Intelligence to March 1, 2021, and
amend the due dates of the Commission's reports.
The House amendment contained a provision (sec. 1083) that
would delay the termination of the National Security
Commission on Artificial Intelligence to March 1, 2021, and
amend the due date of the Commission's first report.
The House recedes with an amendment that would modify the
termination date and add an authority to accept gifts.
The conferees are pleased that the National Security
Commission on Artificial Intelligence has begun executing its
critical mandate with resolve and purpose. The original
intent of the conferees was to create a Commission with
limited duration and minimal staffing and with status as an
independent entity. The conferees acknowledge the President
of the United States' signing statement of August 13, 2018,
that the Commission will be treated as an independent entity,
separate from the executive branch due to its legislative
branch appointees and the necessity to uphold the separation
of powers. The conferees direct the Secretary of Defense to
provide appropriate resources to enable the Commission to
process and support security classification and
administrative related issues as well as comply with other
legal requirements.
Exemption from calculation of monthly income, for purposes of
bankruptcy laws, of certain payments from the Department
of Veterans Affairs and the Department of Defense (sec.
1736)
The Senate bill contained a provision (sec. 6004) that
would amend section 101(10A) of title 11, United States Code,
by exempting payments provided by the Department of Veterans
Affairs and the Department of Defense in connection with a
disability, combat-related injury or disability, or death of
a member of the uniformed services from being included in
bankruptcy calculations.
The House amendment contained an identical provision (sec.
1099K).
The conference agreement includes this provision.
Extension of postage stamp for breast cancer research (sec.
1737)
The House amendment contained a provision (sec. 1085) that
would amend section 414(h) of title 39, United States Code,
by extending the postage stamp for breast cancer research to
2027.
The Senate bill contained no similar provision.
The Senate recedes.
National Commission on Military Aviation Safety (sec. 1738)
The Senate bill contained a provision (sec. 1085) that
would extend the reporting date for the National Commission
on Aviation Safety from March 1, 2020, until December 1,
2020. It would also authorize an additional $3.0 million for
the Commission to conduct its work.
The House amendment included a similar provision (sec.
1084) that would extend the reporting date and provide an
additional authorization of $3.0 million.
In addition, the House provision would require a report
from the Secretary of Defense within 120 days after the
Commission submits its report that would include: (1) an
assessment of the findings and conclusions of the Commission;
(2) the plan of the Secretaries for implementing the
recommendations of the Commission; and (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.
The Senate recedes.
The conferees understand that the Commission is relying
heavily on the services' safety centers for data, which is
appropriate. However, the conferees also understand that the
Commission may be intending to rely solely on the safety
centers for analysis of that data. The conferees believe it
is important for the Commission to conduct its own
independent analysis of the data in order to develop its own
set of conclusions and recommendations.
Guarantee of residency for spouses of members of uniformed
services (sec. 1739)
The Senate bill contained a provision (sec. 1083) that
would amend title VI of the Servicemembers Civil Relief Act
(50 U.S.C. 4021 et seq.) to allow a spouse of a servicemember
to elect the same residence as the servicemember for any
purpose regardless of the date on which the marriage
occurred.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow a
spouse of a servicemember to elect the same residence as the
servicemember for any purpose, to include the registration of
a business, regardless of the date on which the marriage
occurred.
Electromagnetic pulses and geomagnetic disturbances (sec.
1740)
The Senate bill contained a provision (sec. 6006) that
would make a series of modifications to section 320 of the
Homeland Security Act of 2002 (6 U.S.C. 195f), to improve
preparedness for and resilience to the effects of
electromagnetic pulses and geomagnetic disturbances. The
provision would also require the Secretary of Homeland
Security, in coordination with other relevant agency
officials, to submit several reports to the appropriate
congressional committees.
The House amendment contained no similar provision.
[[Page H9832]]
The House recedes with a series of technical and clarifying
amendments.
Improvements to Manufacturing USA Program (sec. 1741)
The Senate bill contained a provision (sec. 6008) that
would amend section 34 of the National Institute of Standards
and Technology Act (15 U.S.C. 278s) to provide various
improvements in the Manufacturing USA program, including
eliminating funding limits for high performing institutes,
adding new networks in innovate sectors such as advanced
sensors, increasing interagency collaboration, and
facilitating the development of standards-based
certifications.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note the importance of the Hollings
Manufacturing Extension Partnership Program in providing
education, guidance, and technical assistance to strengthen
the cybersecurity of small- and medium-sized manufacturers
that provide goods or services in the supply chain for the
Department of Defense and encourage the Secretary of Defense
to continue work with this program to strengthen the
industrial base.
Regional innovation program (sec. 1742)
The Senate bill contained a provision (sec. 6009) that
would amend section 3722 of title 15, United States Code, to
revise the regional innovation program, including replacing
regional innovation clusters with regional innovation
initiatives and authorizing the Secretary of Commerce to use
up to $50.0 million of appropriated funds to carry out the
program in each of the fiscal years 2020 through 2024.
The House amendment contained no similar provision.
The House recedes with clarifying amendments.
Aviation workforce development (sec. 1743)
The Senate bill contained a provision (sec. 6019) that
would amend Section 625(c)(1) of the FAA Reauthorization Act
of 2018 (P.L. 115-254).
The House amendment contained no similar provision.
The House recedes.
Oversight of Department of Defense execute orders (sec. 1744)
The Senate bill contained a provision (sec. 1033) that
would require the Secretary of Defense, except in
extraordinary circumstances, to provide the congressional
defense committees with an execute order approved by the
Secretary of Defense or a combatant commander for review
within 30 days of receiving a written request from the
Chairman or Ranking Member of any such committee.
The House amendment contained a provision (sec. 1082) that
would add a new section in chapter 2 of title 10, United
States Code, requiring the Secretary of Defense to provide 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, and
within 30 days of issuing an execute order after the date of
the enactment of this Act.
The House recedes with an amendment that would require the
Secretary of Defense, except in extraordinary circumstances,
to provide to the congressional defense committees an execute
order that has been approved by the Secretary of Defense or a
combatant commander for review and a detailed briefing on the
requested execute order within 30 days of receiving written
request from the Chairman or Ranking Member of any such
committee. The provision would also require that, 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, and every 90 days thereafter,
the Secretary of Defense submit to the congressional defense
committees a comprehensive report identifying and summarizing
all execute orders approved by the Secretary or the commander
of a combatant command in effect for the Department of
Defense as of the date of the report.
Processes and procedures for notifications regarding special
operations forces (sec. 1745)
The House amendment contained a provision (sec. 1086) that
would mandate the Secretary of Defense establish and submit
processes and procedures for providing notifications to the
congressional defense committees regarding members of special
operations forces. This section would also mandate that the
processes and procedures include clarification of the roles
and responsibilities of the Secretaries of the military
departments, the Assistance Secretary of Defense for Special
Operations and Low Intensity Conflict, and the Commander of
U.S. Special Operations Command in providing such
notifications to Congress.
The Senate bill contained no similar provision.
The Senate recedes.
Securing American science and technology (sec. 1746)
The House amendment contained a provision (sec. 1089) that
would establish an interagency working group to coordinate
activities for the protection of federally funded research
and development from foreign interference while accounting
for an exchange of ideas and for the international talent
required for scientific progress and American leadership in
science.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1) Modify
the membership of the working group; (2) Modify the
responsibilities of the working group; (3) Require the
Director of the Office of Science and Technology Policy to
develop and issue policy guidance; and (4) Establish a
roundtable sunset.
Standardized policy guidance for calculating aircraft
operation and sustainment costs (sec. 1747)
The House amendment contained a provision (sec. 1090) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to develop and implement standardized policy
guidance for calculating aircraft operation and sustainment
costs for the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
standardized policy guidance to include a calculation of the
average annual operational and sustainment cost per aircraft
and other cost metrics as considered appropriate by the Under
Secretary.
Special Federal Aviation Regulation Working Group (sec. 1748)
The House amendment contained a provision (sec. 1091) that
would require the Secretary of Defense, the Secretary of
Transportation, and the Secretary of State to establish a
Special Federal Aviation Regulation interagency working group
to review the current options for the Department of Defense
to use contracted U.S. civil aviation to provide support for
Department of Defense missions in areas where a Federal
Aviation Administration Special Federal Aviation Regulation
is in effect.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on names related to the Confederacy (sec. 1749)
The House amendment contained a provision (sec. 1092) that
would prohibit the Secretary of Defense from naming any asset
that refers to, or include a term referring to, the
Confederate States of America.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would explicitly
state that nothing in this provision may be construed as
requiring the Secretary concerned to initiate a review of
previously named assets.
Support for National Maritime Heritage Grants program (sec.
1750)
The House amendment contained a provision (sec. 1099F) that
would allow the Secretary of Defense to contribute up to $5.0
million to provide support for the National Maritime Heritage
Grants program under section 308703 of title 54, United
States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Support for world language advancement and readiness (sec.
1751)
The House amendment contained a provision (sec. 1099N) that
would authorize the Secretary of Defense to make grants to
eligible entities to carry out innovative model programs
providing for the establishment, improvement, or expansion of
world language study for elementary school and secondary
schools.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to provide support to eligible
entities for the establishment, improvement, or expansion of
world language study for elementary school and secondary
school students.
Designation of Department of Defense strategic Arctic ports
(sec. 1752)
The Senate bill contained a provision (sec. 1041) that
would require the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, the Commanding
General of the United States Army Corps of Engineers, the
Commandant of the Coast Guard, and the Administrator of the
Maritime Administration, to submit a report to the
congressional defense committees evaluating potential sites
for one or more strategic ports in the Arctic region. The
provision would also require the Secretary of Defense to
designate one or more ports as Department of Defense
Strategic Arctic Ports not later than 90 days after the
submission of the report.
The House amendment contained a similar provision (sec.
1099T) that would require the same report outlined in the
Senate bill, and based on that report the Secretary of
Defense may designate one or more ports as Department of
Defense Strategic Arctic Ports not later than 90 days after
the submission of the report.
The Senate recedes.
Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force
structure (sec. 1753)
The House amendment contained a provision (sec. 1099Y) that
would require the Comptroller General of the United States to
conduct a report with cost analyses on options for reducing
the nuclear security enterprise, options for reductions in
services contracts, options for rebalancing force structure
and the force mix between active and
[[Page H9833]]
reserve components, options for reducing or realigning
overseas military presence, options for the use of pre-award
audits, and options for replacing military personnel with
civilian employees.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Defense enter into contracts with two federally
funded research centers to conduct independent reviews of
alternative defense postures that achieve U.S national
security objectives and could produce cost savings. These
reviews will examine alternative nuclear deterrence postures
with increased and decreased force posture levels, changes to
conventional force structure and posture, alterations to the
mix of military and civilian workforces, and options for
reducing services contracts. The amendment also requires a
briefing by the Comptroller General of the United States on
open recommendations for cost savings at the Department of
Defense.
Comprehensive Department of Defense policy on collective
self-defense (sec. 1754)
The Senate bill contained a provision (sec. 1032) that
would require the Secretary of Defense to prescribe a
comprehensive written policy for the Department of Defense on
the issuance of authorization of, and the provision by
members and units of the United States Armed Forces of,
collective self-defense to designated foreign nationals,
their facilities, and their property.
The House amendment contained no similar provision.
The House recedes.
Policy regarding the transition of data and applications to
the cloud (sec. 1755)
The Senate bill contained a provision (sec. 1035) that
would require the Chief Information and Chief Data Officers
of the Department of Defense to develop and implement a
policy relating to the transition of data and applications to
the cloud under the Department's cloud strategy.
The House amendment contained no similar provision.
The House recedes.
Integrated public alert and warning system (sec. 1756)
The Senate bill contained a provision (sec. 6012) that
would require the Administrator of the Federal Emergency
Management Agency to develop minimum requirements for State,
Tribal, and local governments to participate in the public
alert and warning system.
The House amendment contained no similar provision.
The House recedes with an amendment to clarify the
definition of ``appropriate congressional committees'' and to
include a false alert reporting requirement.
Improving quality of information in background investigation
request packages (sec. 1757)
The Senate bill contained a provision (sec. 6014) that
would require, not later than 180 days after the date of the
enactment of this Act, the Director of the Defense
Counterintelligence and Security Agency, in consultation with
the Security, Suitability, and Credentialing Performance
Accountability Council, submit a report on metrics and best
practices in the background investigation process. The
provision would also require, not later than 270 days after
the date of the enactment of this Act, and annually
thereafter, the Security, Suitability, and Credentialing
Performance Accountability Council to report on performance
against the metrics and return rates identified in the
provision. The provision would also require the subsequent
identification of agencies in need of improvement and plans
to improve performance.
The House amendment contained no similar provision.
The House recedes.
Parole in place for members of the Armed Forces and certain
military dependents (sec. 1758)
The House amendment contained a provision (sec. 1099C) that
would establish the eligibility of a non-citizen member of
the Armed Forces, as well as that servicemember's spouse,
widow, widower, parent, son, or daughter, for ``parole in
place'' under section 212(d)(5) of the Immigration and
Nationality Act. Further, the provision would express the
sense of Congress as to the value of family unity in
promoting the readiness and mission accomplishment in the
Armed Forces, and reaffirm the parole in place authority of
the Secretary of Homeland Security.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require the
Secretary of Homeland Security to consider, on a case-by-case
basis, whether granting the request of a member of the Armed
Forces for parole in place would enable military family unity
that would constitute a significant public benefit.
The Secretary of Homeland Security would apply like
consideration to parole in place requests from the spouse,
son, daughter, or parent of a member of the Armed Forces,
and from the widow, son, daughter, or parent of a member
of the Armed Forces who is deceased. Further, the
amendment sets forth the sense of Congress that: (1)
parole in place reinforces the objective of military
family unity; (2) except as required in furtherance of the
missions of the Armed Forces, disruption to military
family unity should be minimized in order to enhance
military readiness; and (3) the importance of the parole
in place authority of the Secretary of Homeland Security
is reaffirmed.
Report on reducing the backlog in legally required historical
declassification obligations of the Department of Defense
(sec. 1759)
The House amendment contained a provision (sec. 1098) that
would require that 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 each shall 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would scope the
requirement such that only the Secretary of Defense need
submit a report, and that the Secretary's report would be
submitted only to the Committees on Armed Services of the
Senate and the House of Representatives.
Military type certification for light attack experimentation
aircraft (sec. 1760)
The House amendment contained a provision (sec. 1095) that
would require the Secretary of the Air Force to make
available and conduct military type certifications for light
attack aircraft participating in the experiment as needed.
The Senate bill contained a similar provision (sec. 146)
that would require the Secretary of the Air Force to conduct
a Military Type Certification for AT-6 and A-29 Light Attack
Experimentation Aircraft.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Short title
The House amendment contained provisions (sec. 1051) that
would establish that this subtitle may be cited as ``the
National Defense Strategy Implementation Act.''
The Senate bill contained no similar provision.
The House recedes.
Definitions
The House amendment contained a provision (sec. 1054) that
would define the terms ``operational challenges'' and
``strategic competitors'' for the purposes of this subtitle.
The Senate bill contained no similar provision.
The House recedes.
No Force and Effect
The Senate bill contained two provisions (secs. 5546 and
5585) that would provide respectively that: (1) Part III of
subtitle D of title V of the bill, and the amendments made by
that part, would have no force and effect; and (2) Section
585 of the bill would have no force and effect.
The House amendment contained no similar provisions.
The Senate recedes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Summary and explanation of funding tables
Division B of this Act authorizes funding for military
construction projects of the Department of Defense. It
includes funding authorizations for the construction and
operation of military family housing as well as military
construction for the reserve components, the defense
agencies, and the North Atlantic Treaty Organization Security
Investment Program. It also provides authorization for the
base closure accounts that fund military construction,
environmental cleanup, and other activities required to
implement the decisions in base closure rounds. The tables
contained in this Act provide the project-level
authorizations for the military construction funding
authorized in Division B of this Act and summarize that
funding by account.
The conferees continue to believe in the value and
appropriateness of providing a full authorization but
incremental authorization of appropriations for certain
military construction projects. The conferees believe
incremental funding of large and complex military
construction projects enables the Department to execute
additional infrastructure projects in a fiscal year, enables
continuous congressional oversight, and provides
opportunities to adjust the authorization of appropriations
level for projects should issues arise or requirements change
over the course of construction. In instances where the
conference agreement provides full authorization but
incremental authorization of appropriations for certain
military construction projects, the committee expects the
Department to award these projects in the year of
authorization and not defer award until the full
appropriation amount is received.
Short title (sec. 2001)
The Senate bill contained a provision (sec. 2001) that
would designate division B of this Act as the Military
Construction Authorization Act for Fiscal Year 2020.''
The House amendment contained an identical provision (sec.
2001).
The conference agreement includes this provision.
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)
The Senate bill contained a provision (sec. 2002) that
would establish the expiration date for authorizations in
this Act for military construction projects, land
acquisition, family housing projects, and contributions to
the North Atlantic Treaty Organization Security Investment
Program as of October
[[Page H9834]]
1, 2024, or the date of the enactment of an act authorizing
funds for military construction for fiscal year 2025,
whichever is later.
The House amendment contained a similar provision (sec.
2002).
The House recedes.
Effective date (sec. 2003)
The Senate bill contained a provision (sec. 2003) that
would provide an effective date for titles XXI through XXVII
and title XXIX of October 1, 2019, or the date of the
enactment of this Act, whichever is later.
The House amendment contained a similar provision (sec.
2003).
The House recedes.
Title XXI--Army Military Construction
Summary
The budget request included $1,453,499,000 for Army
military construction and $499,279,000 for family housing for
fiscal year 2020. The conference agreement includes
authorization of appropriations of $1,270,999,000 for
military construction and $604,012,000 for family housing for
the Army in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 3 military construction projects that were
not included in the budget request but submitted to the
congressional defense committees as part of the Army's
unfunded requirements list. These projects include: $40.0
million for an Air Traffic Control Tower and Terminal at
Kwajalein Atoll; $21.0 million for a Railhead at Fort Drum,
New York; and $18.5 million for a Vehicle Bridge at Fort
Hood, Texas.
The agreement also includes authorization and authorization
of appropriations of $27.0 million for the Secretary of the
Army to carry out Child Development Center projects, with
prior notification to the congressional defense committees.
The conferees recommend the Secretary use this authority to
alleviate issues with the condition and capacity of Child
Development Centers in support of military families.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount
equal to the Department's ability to execute in the year of
the authorization of appropriations for the following
projects: Cyber Instruction Facility (Admin/Command) at Fort
Gordon, Georgia; and the General Instruction Building at
Carlisle Barracks, Pennsylvania.
The agreement provides an additional $5,000,000 for Family
Housing, Construction Army Planning and Design for the
housing pilot program mandated in this Act.
Finally, the conferees note that the budget request
included $211.0 million in Army military construction as a
placeholder to support the Army, Navy, Marine Corps, and Air
Force response to the challenges facing the management and
oversight of Military Housing Privatization Initiative
developments. The conferees support additional resources to
hire additional civilian personnel at the headquarters and
installation level to improve the management and oversight
of MHPI developments. The conferees also support applying
additional resources towards improved maintenance of
government-owned and operated housing units. However, the
conferees believe these resources should be directed to
the appropriate military departments' family housing
accounts. Therefore, the agreement recommends a reduction
of $211.0 million from the placeholder, but an increase of
$54.7 million for Army Family Housing Maintenance and
$45.0 million for Army Housing Privatization Support.
Authorized Army construction and land acquisition projects
(sec. 2101)
The Senate bill contained a provision (sec. 2101) that
would authorize military construction projects for the active
component of the Army for fiscal year 2020. The authorized
amount is listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2101) that would also require the Secretary of Defense to
provide a study of near-term facility alternatives to house
high value detainees current detained at Naval Station
Guantanamo Bay, Cuba.
The Senate recedes with a technical amendment.
Family housing (sec. 2102)
The Senate bill contained a provision (sec. 2102) that
would authorize new construction, planning, and design of
family housing units for the Army for fiscal year 2020. This
provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained a similar provision (sec.
2102).
The Senate recedes.
Authorization of appropriations, Army (sec. 2103)
The Senate bill contained a provision (sec. 2103) that
would authorize appropriations for the active component
military construction and family housing projects of the Army
authorized for construction for fiscal year 2020. This
provision would also provide an overall limit on the amount
authorized for military construction and family housing
projects for the active component of the Army. The state list
contained in this report is the binding list of the specific
projects authorized at each location.
The House amendment contained an identical provision (sec.
2103).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year
2019 projects (sec. 2104)
The Senate bill contained a provision (sec. 2104) that
would modify the authorization contained in section 2101(a)
of the Military Construction Authorization Act for Fiscal
Year 2019 (division B of Public Law 115-232) for the
construction of a weapon maintenance shop at Anniston Army
Depot, Alabama.
The House bill contained a similar provision (sec. 2104).
The Senate recedes.
Title XXII--Navy Military Construction
Summary
The budget request included $2,805,743,000 for Navy and
Marine Corps military construction and $365,531,000 for
family housing for fiscal year 2020. The conference agreement
includes authorization of appropriations of $2,774,961,000
for military construction and $479,864,000 for family housing
for the Navy and Marine Corps in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 13 military construction projects that
were not included in the budget request but submitted to the
congressional defense committees as part of the United States
Indo-Pacific Command, Navy, and Marine Corps' unfunded
requirements list. These projects include: $99.6 million for
a Bachelor Enlisted Quarters at Yuma, Arizona; $79.0 million
for an Aircraft Paint Complex at Coronado, California; $74.6
million for a Machinery Control Development Center at
Philadelphia, Pennsylvania; $60.0 million for a MH-60 & CMV-
22B Corrosion Control and Paint Facility at Norfolk,
Virginia; $59.0 million for NMC Ordnance Facilities
Recapitalization, Phase 1 at Yorktown, Virginia; $50.0
million for the first increment of an Aircraft Parking Apron
at Darwin, Australia; $48.0 million for the Seawolf Service
Pier Cost-to-Complete at Kitsap, Washington; $37.4 million
for a Child Development Center at Miramar, California; $37.2
million for Range Improvements & Modernization Phase 3 at
Parris Island, South Carolina; $28.0 million for a Missile
Magazine at Seal Beach, California; $18.7 million for a
Police Station and EOC Facility at Blount Island, Florida;
$15.0 million for an Air Traffic Control Tower at Saint
Inigoes, Maryland; and $9.9 million for a PMO Facility Repair
at San Diego, California.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount
equal to the Department's ability to execute in the year of
the authorization of appropriations for the following
projects: I MEF Consolidated Information Center at Camp
Pendleton, California; Ammunition Pier at Seal Beach,
California; Master Time Clocks & Operations Facility at the
Naval Observatory in the District of Columbia; Bachelor
Enlisted Quarters at Joint Region Marianas, Guam; Bachelor
Enlisted Quarters at Kaneohe Bay, Hawaii; Pier 5 (Berths 2
and 3) at Yokosuka, Japan; II MEF Operations Center
Replacement at Camp Lejeune, North Carolina; and Wargaming
Center at Quantico, Virginia.
The agreement also includes authorization and authorization
of appropriations of $62.4 million for the Secretary of the
Navy to carry out Child Development Center projects at Navy
and Marine Corps installations, with prior notification to
the congressional defense committees. The conferees recommend
the Secretary use this authority to alleviate issues with the
condition and capacity of Child Development Centers in
support of military families.
The agreement includes an increase of $54.7 million for
Navy and Marine Corps Family Housing Maintenance and $59.6
million for Navy and Marine Corps Housing Privatization
Support. The conferees support using these additional
resources to hire additional civilian personnel at the
headquarters and installation level to improve the management
and oversight of MHPI developments towards improved
maintenance of government-owned and operated housing units.
Finally, the agreement transfers the following two military
construction projects from the base budget request to Title
XXIX, Overseas Contingency Operations Military Construction:
$53.3 million for Electrical System Upgrades in Bahrain and
$77.4 million for a Communication Station at Sigonella,
Italy.
Authorized Navy construction and land acquisition projects
(sec. 2201)
The Senate bill contained a provision (sec. 2201) that
would authorize Navy and Marine Corps military construction
projects for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2201).
The Senate recedes with a technical amendment.
Family housing (sec. 2202)
The Senate bill contained a provision (sec. 2202) that
would authorize new construction, planning, and design of
family housing units for the Navy for fiscal year 2020. This
provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained an identical provision (sec.
2202).
The conference agreement includes this provision.
[[Page H9835]]
Improvements to military family housing units (sec. 2203)
The Senate bill contained a provision (sec. 2203) that
would authorize the Secretary of the Navy to improve existing
family housing units of the Department of the Navy in an
amount not to exceed $41.8 million.
The House amendment contained a similar provision (sec.
2203).
The Senate recedes.
Authorization of appropriations, Navy (sec. 2204)
The Senate bill contained a provision (sec. 2204) that
would authorize appropriations for the active component
military construction and family housing projects of the
Department of the Navy authorized for construction for fiscal
year 2020. This provision would also provide an overall limit
on the amount authorized for military construction and family
housing projects for the active components of the Navy and
the Marine Corps. The state list contained in this report is
the binding list of the specific projects authorized at each
location.
The House amendment contained an identical provision (sec.
2204).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year
2017 project (sec. 2205)
The House amendment contained a provision (sec. 2205) that
would modify the authority provided by section 2201 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328) and authorize the
Secretary of the Navy to make certain modifications to the
authorized cost of a previously authorized construction
project.
The Senate bill contained no similar provision.
The Senate recedes.
Title XXIII--Air Force Military Construction
Summary
The budget request included $2,179,230,000 for Air Force
military construction and $398,647,000 for family housing for
fiscal year 2020. The conference agreement includes
authorization of appropriations of $1,723,579,000 for
military construction and $484,580,000 for family housing for
the Air Force in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 10 military construction projects that
were not included in the budget request but submitted to the
congressional defense committees as part of the Air Force's
unfunded requirements list. These projects include: $7.0
million for Dormitory Cost-to-Complete at Little Rock Air
Force Base, Arkansas; $17.0 million for ADAL Aerial Port
Squadron Materiel Warehouse at Travis Air Force Base,
California; $49.0 for Consolidate Cadet Prep School Dormitory
at the United States Air Force Academy, Colorado; $54.0
million for SOCNORTH Theater Operational Support Facility at
Peterson Air Force Base, Colorado; $12.5 million for 41 RQS
HH-60W Apron at Moody Air Force Base, Georgia; $27.0 million
for Consolidated Vehicle Ops and MX Facility at Whiteman Air
Force Base, Missouri; $20.0 million for NC3 Support WRM
Storage/Shipping Facility at Holloman Air Force Base, New
Mexico; $3.1 million for F-35 Munitions Maintenance
Facilities Cost-to-Complete at Nellis Air Force Base, Nevada;
$36.0 million for AFPC B-Wing at Joint Base San Antonio,
Texas; and $4.8 million for SERE Pipeline Dormitory Cost-to-
Complete at Fairchild Air Force Base, Washington.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount
equal to the Department's ability to execute in the year of
the authorization of appropriations for the following
projects: Consolidated Space Operations Facility at Schriever
Air Force Base, Colorado; MIT-Lincoln Lab (West Lab CSL/MIF)
Increment 2 at Hanscom Air Force Base, Massachusetts; Fuel
Tanks w/ Pipeline/Hydrant System at Tinian, Commonwealth of
the Northern Mariana Islands; Airfield Development Phase 1 at
Tinian, Commonwealth of the Northern Mariana Islands; Parking
Apron at Tinian, Commonwealth of the Northern Mariana
Islands; Weapons Storage and Maintenance Facility at
Malmstrom Air Force Base, Montana; and GBSD Mission
Integration Facility at Hill Air Force Base, Utah.
The agreement also includes authorization and authorization
of appropriations of $31.5 million for the Secretary of the
Air Force to carry out Child Development Center projects at
Air Force installations, with prior notification to the
congressional defense committees. The conferees recommend the
Secretary use this authority to alleviate issues with the
condition and capacity of Child Development Centers in
support of military families.
The agreement includes an increase of $54.7 million for Air
Force Family Housing Maintenance and $31.2 million for Air
Force Housing Privatization Support. The conferees support
using these additional resources to hire additional civilian
personnel at the headquarters and installation level to
improve the management and oversight of MHPI developments
towards improved maintenance of government-owned and operated
housing units.
Finally, the agreement transfers the following two military
construction projects from the base budget request to Title
XXIX, Overseas Contingency Operations Military Construction:
$42.0 million Munitions Storage Area at Azraq, Jordan and
$24.0 million for an Air Traffic Control Tower at Azraq,
Jordan.
Authorized Air Force construction and land acquisition
projects (sec. 2301)
The Senate bill contained a provision (sec. 2301) would
authorize Air Force military construction projects for fiscal
year 2020. The authorized amounts are listed on an
installation-by-installation basis.
The House amendment contained a similar provision (sec.
2301).
The Senate recedes with a technical amendment.
Family housing (sec. 2302)
The Senate bill contained a provision (sec. 2302) that
would authorize new construction, planning, and design of
family housing units for the Air Force for fiscal year 2020.
The provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained a similar provision (sec.
2302).
The House recedes.
Improvements to military family housing units (sec. 2303)
The Senate bill contained a provision (sec. 2303) that
would authorize the Secretary of the Air Force to improve
existing family housing units of the Department of the Air
Force in an amount not to exceed $53.6 million.
The House amendment contained an identical provision (sec.
2303).
The conference agreement includes this provision.
Authorization of appropriations, Air Force (sec. 2304)
The Senate bill contained a provision (sec. 2304) that
would authorize appropriations for the active component
military construction and family housing projects of the Air
Force authorized for construction for fiscal year 2020. This
provision would also provide an overall limit on the amount
authorized for military construction and family housing
projects for the active component of the Air Force. The state
list contained in this report is the binding list of the
specific projects authorized at each location.
The House amendment contained an identical provision (sec.
2304).
The conference agreement includes this provision.
Modification of authorities to carry out phased Joint
Intelligence Analysis Complex consolidation (sec. 2305)
The Senate bill contained a provision (sec. 2305) that
would modify the authorization contained in section 2301(b)
of the Military Construction Authorization Act for Fiscal
Year 2015 (division B of Public Law 113-291; 128 Stat. 3679)
for Royal Air Force Croughton, for Joint Intelligence
Analysis Complex Consolidation Phase 1, to change the
location to Royal Air Force Molesworth, United Kingdom.
The House amendment contained a similar provision (sec.
2305).
The Senate recedes.
Modification of authority to carry out certain fiscal year
2016 project (sec. 2306)
The Senate bill contained a provision (sec. 2306) that
would modify the authorization contained in section 2301(b)
of the Military Construction Authorization Act for Fiscal
Year 2016 (division B of Public Law 114-92; 129 Stat. 1153)
for Joint Intelligence Analysis Complex Consolidation Phase 2
at an unspecified location in the United Kingdom, as modified
by section 2305 of the Military Construction Authorization
Act for Fiscal Year 2019 (division B of Public Law 115-232).
The House amendment contained a similar provision (sec.
2306).
The Senate recedes.
Modification of authority to carry out certain fiscal year
2017 project (sec. 2307)
The Senate bill contained a provision (sec. 2307) that
would modify the authorization contained in section 2301(b)
of the Military Construction Authorization Act for Fiscal
Year 2017 (division B of Public Law 114-328; 130 Stat. 2697)
for Joint Intelligence Analysis Complex Consolidation Phase 3
at an unspecified location in the United Kingdom, as modified
by section 2305 of the Military Construction Authorization
Act for Fiscal Year 2019 (division B of Public Law 115-32).
The House amendment contained a similar provision (sec.
2307).
The Senate recedes.
Modification of authority to carry out certain fiscal year
2018 projects (sec. 2308)
The Senate bill contained a provision (sec. 2308) that
would modify the authority contained in section 2301(a) of
the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-91; 131 Stat. 1826) for
the construction of a dining and classroom facility at Joint
Base San Antonio, Texas, and for the construction of an air
traffic control tower. Additionally this provision would
modify the authorization contained in section 2903 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1876) for
repairing and expanding a quick reaction alert pad at Rygge,
Norway.
The House amendment contained a similar provision (sec.
2308).
The Senate recedes with a technical amendment.
Modification of authority to carry out certain fiscal year
2019 projects (sec. 2309)
The Senate bill contained a provision (sec. 2309) that
would modify the authorization
[[Page H9836]]
contained in section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232) for the construction of a semiconductor or
microelectronics lab facility at Hanscom Air Force Base,
Massachusetts. This provision would also modify the
authorization contained in section 2301(b) of the Military
Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232) for the construction of
an F-35 dormitory at Royal Air Force Lakenheath, United
Kingdom.
The House amendment contained a similar provision (sec.
2309).
The Senate recedes.
Title XXIV--Defense Agencies Military Construction
Summary
The budget request included $2,504,190,000 for military
construction and $60,545,000 for family housing for defense
agencies for fiscal year 2020. The conference agreement
includes authorization of appropriations of $2,202,910,000
for military construction and $60,545,000 for family housing
for defense agencies in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 12 Energy Resiliency Conservation
Investment Program (ERCIP) projects that were not included in
the budget request but submitted to the congressional defense
committees as part of the Department's unfunded requirements
list. These projects include: $8.9 million for an Energy
Storage System at Naval Air Weapons Station China Lake,
California; $9.7 million to Install Microgrid Controller, 75
kw PV and 750 Kwh Battery at Mountain View, California; $10.5
million for a Cogeneration Plant B236 at Monterey,
California; $16.9 million for Smart Grid and ICS
Infrastructure at Naval Base Guam, Guam; $4.0 million to
Install 500kw Covered Parking PV System & Electric Vehicle
Charging Stations B479 at Joint Base Pearl Harbor-Hickam,
Hawaii; $13.8 million for Chiller 3-9 Replacement at
Bethesda, Maryland; $18.4 million for IH Water Project--
CBIRF/IHEODTD/Housing at South Potomac, Maryland; $5.8
million to Install Microgrid, 700kw PV, 150 Kw Generator, and
Batteries at White Sands Missile Range, New Mexico; $4.5
million to Install Microgrid, 650Kw PV, & 500 Kw Generator at
Camp Swift, Texas; $16.5 million to Install a Central Energy
Plant at Fort Hood, Texas; $66,000 for Integration Systems
Upgrades at NRO Headquarters, Virginia; and $23.6 million for
Keyport Main Substation Replacement at Naval Base Kitsap,
Washington.
The agreement includes authorization and authorization of
appropriations for the following project that was not
included in the budget request but submitted to the
congressional defense committees as part of the Department's
unfunded requirements list: $66.8 million for Landstuhl
Elementary School at Ramstein, Germany.
The agreement includes an authorization of appropriations
for $30.0 million for Planning and Design: Military
Installations Resiliency at unspecified worldwide locations.
As noted elsewhere in this report, the conferees believe it
is critical for the Department of Defense to appropriately
account for the impacts of extreme weather and natural
disasters, energy resiliency, a cyber-security threats when
planning and designing infrastructure investments at military
installations. Therefore, the conferees expect the Department
to utilize this authorization of appropriations to conduct
appropriate planning when developing resilient infrastructure
masterplans and military construction projects.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount
equal to the Department's ability to execute in the year of
the authorization of appropriations for the following
projects: Kinnick High School, Increment 2 at Yokosuka,
Japan; Bulk Storage Tanks Phase 1 at Yokota Air Base, Japan;
MEDCEN Addition/Alteration Increment 3 at Bethesda Naval
Hospital, Maryland; Next NGA West (N2W) Complex, Phase 2,
Increment 2 at St. Louis, Missouri; and Operations Center
Phase 2, Defense Distribution Deport Richmond, Virginia.
Authorized Defense Agencies construction and land acquisition
projects (sec. 2401)
The Senate bill contained a provision (sec. 2401) would
authorize military construction projects for the Defense
Agencies for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2401).
The Senate recedes with a technical amendment.
Authorized Energy Resilience and Conservation Investment
Program projects (sec. 2402)
The Senate bill contained a provision (sec. 2402) that
would authorize the Secretary of Defense to carry out energy
conservation projects. The authorized amounts are listed on
an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2402).
The House recedes with a technical amendment.
Authorization of appropriations, Defense Agencies (sec. 2403)
The Senate bill contained a provision (sec. 2403) that
would authorize appropriations for the military construction
and family housing projects of the Defense Agencies
authorized for construction for fiscal year 2020. This
provision would also provide an overall limit on the amount
authorized for military construction and family housing
projects for the Defense Agencies. The state list contained
in this report is the binding list of the specific projects
authorized at each location.
The House amendment contained an identical provision (sec.
2403).
The conference agreement includes this provision.
Title XXV--International Programs
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Summary
The budget request included $144,040,000 for military
construction in fiscal year 2020 for the North Atlantic
Treaty Organization Security Investment Program. In addition,
pursuant to agreement with the Republic of Korea, the budget
request included a list of military construction projects to
be funded as in-kind contributions by the Republic of Korea.
The conference agreement includes this amount for the North
Atlantic Treaty Organization Security Investment Program
projects and the authorization to accept the military
construction projects funded by the Republic of Korea.
Authorized NATO construction and land acquisition projects
(sec. 2501)
The Senate bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make
contributions to the North Atlantic Treaty Organization
Security Investment Program in an amount equal to the sum of
the amount specifically authorized in section 2502 of this
title and the amount of recoupment due to the United States
for construction previously financed by the United States.
The House amendment contained an identical provision (sec.
2501).
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The Senate bill contained a provision (sec. 2502) that
would authorize appropriations of $144.0 million for the U.S.
contribution to the North Atlantic Treaty Organization (NATO)
Security Investment Program (NSIP) for fiscal year 2020. This
provision would also allow the Department of Defense
construction agent to recognize the NATO project
authorization amounts as budgetary resources to incur
obligations when the United States is designated as the host
nation for the purposes of executing a project under NSIP.
The House amendment contained an identical provision (sec.
2502).
The conference agreement includes this provision.
Subtitle B--Host Country In-Kind Contributions
Republic of Korea funded construction projects (sec. 2511)
The Senate bill contained a provision (sec. 2511) that
would authorize the Secretary of Defense to accept four
military construction projects totaling $542.2 million from
the Republic of Korea as in-kind contributions.
The House amendment contained a similar provision (sec.
2511).
The Senate recedes.
Title XXVI--Guard and Reserve Forces Facilities
Summary
The budget request included $552,423,000 for military
construction of National Guard and Reserve facilities for
fiscal year 2020. The conference agreement includes
authorization of appropriations of $787,723,000 for military
construction of National Guard and Reserve facilities in
fiscal year 2020.
The conference includes authorization and authorization of
appropriations for of 6 military construction projects that
were not included in the budget request but submitted to
the congressional defense committees as part of the
services unfunded requirements list. These projects
include: $34.0 million for an Enlisted Transient Barracks
at Anniston, Alabama; $57.0 million for Fuels/Corrosion
Control Hangar and Shops at Moffett Air National Guard
Base, California; $15.0 million for a AES Training Admin
Facility at Joint Base Andrews, Maryland; $9.8 million for
a Aerial Port Facility at Minneapolis-St. Paul IAP,
Minnesota; $91.0 million for a National Guard Readiness
Center at the Jamaica Armory, New York; and $30.0 million
for a General Instruction Building at Jericho, Vermont.
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)
The Senate bill contained a provision (sec. 2601) that
would authorize military construction projects for the Army
National Guard for fiscal year 2020. The authorized amounts
are listed on an installation-by-installation basis.
The House amendment contained an identical provision (sec.
2601).
The conference agreement includes this provision.
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)
The Senate bill contained a provision (sec. 2602) that
would authorize military construction projects for the Army
Reserve for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained an identical provision (sec.
2602).
The conference agreement includes this provision.
[[Page H9837]]
Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects (sec. 2603)
The Senate bill contained a provision (sec. 2603) that
would authorize military construction projects for the Navy
Reserve and Marine Corps Reserve for fiscal year 2020. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained an identical provision (sec.
2603).
The conference agreement includes this provision.
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)
The Senate bill contained a provision (sec. 2604) that
would authorize military construction projects for the Air
National Guard for fiscal year 2020. The authorized amounts
are listed on an installation-by-installation basis.
The House amendment contained an identical provision (sec.
2604).
The conference agreement includes this provision.
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)
The Senate bill contained a provision (sec. 2605) that
would authorize military construction projects for the Air
Force Reserve for fiscal year 2020. The authorized amounts
are listed on an installation-by-installation basis.
The House amendment contained an identical provision (sec.
2605).
The conference agreement includes this provision.
Authorization of appropriations, National Guard and Reserve
(sec. 2606)
The Senate bill contained a provision (sec. 2606) that
would authorize appropriations for the reserve component
military construction projects authorized for construction
for fiscal year 2020 in this Act. This provision would also
provide an overall limit on the amount authorized for
military construction projects for each of the reserve
components of the military departments. The state list
contained in this report is the binding list of the specific
projects authorized at each location.
The House amendment contained an identical provision (sec.
2606).
The conference agreement includes this provision.
legislative provisions not adopted
Review and report on construction of new, or maintenance of
existing, direct fuel pipeline connections at Air
National Guard and Air Force Reserve installations
The House amendment contained a provision (sec. 2607) that
would require the Secretary of the Air Force, in conjunction
with the Defense Logistics Agency (DLA), to complete a review
on the construction of new, or maintenance of existing,
direct fuel pipeline connections at Air National Guard (ANG)
and Air Force Reserve (AFRES) installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Air Force, in
conjunction with the DLA, to complete a review on the
construction of new, or maintenance of existing, direct fuel
pipeline connections at ANG and AFRES installations not later
than 180 days after the date of the enactment of this Act.
The review should contain the following elements:
(1) An analysis of the extent to which the Air Force and
DLA have identified direct fuel pipeline projects as an
effective and efficient way to enhance the ability of regular
component, ANG, and AFRES installations to improve the
readiness of affected units and help them to meet their
mission requirements. This should include an assessment of
how the ANG and AFRES facilities, across all States and
territories, can leverage such connections to better support
current and emerging air refueling requirements.
(2) An assessment of how direct fuel pipeline connections
enhance the resiliency and efficiency of the installations
and help meet existing DLA requirements for secondary storage
and other fuel requirements.
(3) A list of ANG and AFRES installations that do not
currently have a direct connection pipeline but have access
to such a pipeline within reasonable proximity (less than 5
miles) to the facility.
(4) An overview and summary of the current process for
considering such proposals, including the factors used to
consider requests, the weight provided to each factor, and a
list of ANG and AFRES installations that have sought funding
for projects to create direct access to a national fuel
pipeline or to maintain access to such pipelines over the
last 5 years.
(5) A list of the total instances in the past 5 years in
which projects for direct fuel pipeline connections have been
approved for regular component, ANG, or AFRES installations,
including the costs of each project and the justification for
such approval.
(6) A list of ANG and AFFRES installations with current
pipeline connections that the Air Force or DLA has determined
should no longer be used, including:
(A) An analysis of the justifications for each
determination, such as decisions to switch from pipelines to
trucks as the primary fuel delivery method;
(B) An assessment of whether these determinations fairly
weigh the costs and benefits of building or maintaining a
pipeline tap as a practical primary or secondary fuel
delivery method for the installation compared to railroad,
barge terminal, or truck delivery; and
(C) An assessment of whether these determinations fairly
consider or weigh how direct fuel pipeline connections
increase security for the fuel supply by reducing the threat
of interruption, how the connections enhance mission
reliability by providing access to greater fuel storage
capability, and the ability of such projects once completed
to better support the domestic and global operations of the
ANG or AFRES installation.
(7) An assessment of how costs associated with each direct
fuel pipeline connection project is considered by the Air
Force or DLA and the weight given to such costs in the final
analysis.
(8) An assessment of the effectiveness or usefulness of
guidance or technical assistance provided to installations
that request or propose direct fuel pipeline connection
projects and recommendations for additional ways to provide
assistance to ensure the Air Force and DLA receive the most
up-to-date information about the costs and benefits of
proposed projects from installations.
(9) An assessment of the available funding sources though
the Air Force, DLA, other Department of Defense entities, or
other mechanisms, such as a public-private partnership or
enhanced use lease, that can support direct fuel pipeline
connection projects either in whole or in part.
(10) An assessment of the extent to which direct fuel
pipeline connection projects have been incorporated in any
comprehensive plan the Air Force has developed or will
develop regarding investments needed to improve regular
component, ANG, and AFRES installations to meet the
Department's needs.
The conferees further direct the Secretary to provide a
final report containing the results of the review to the
congressional defense committees not later than 1 year after
the date of enactment of this Act. The report should include
recommendations on how the Air Force can better expedite and
support the use of fuel pipelines at ANG and AFRES
installations. The recommendations should include options for
accelerating the development and consideration of such
projects where most feasible and appropriate, including
whether costs savings could be obtained by including such
projects as part of other related projects already authorized
at an installation.
Title XXVII--Base Realignment and Closure Activities
Summary
The budget request included $278,526,000 for Base
Realignment and Closure (BRAC) activities related to
previous BRAC rounds. The conference agreement includes
authorization of appropriations of $392,526,000 for Base
Realignment and Closure (BRAC) activities related to
previous BRAC rounds in fiscal year 2020.
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account (sec. 2701)
The Senate bill contained a provision (sec. 2701) that
would authorize appropriations for fiscal year 2020 for
ongoing activities that are required to implement the
decisions of the 1988, 1991, 1993, 1995, and 2005 base
realignment and closure rounds.
The House amendment contained an identical provision (sec.
2701).
The conference agreement includes this provision.
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)
The Senate bill contained a provision (sec. 2702) that
would prohibit the Department of Defense from conducting
another base realignment and closure (BRAC) round.
The House amendment contained no similar provision.
The House recedes.
Title XXVIII--Military Construction and General Provisions
Subtitle A--Military Construction Program
Military installation resilience plans and projects (sec.
2801)
The Senate bill contained a provision (sec. 2801) that
would amend subchapter I of chapter 169 of title 10, United
States Code, to require the Secretaries of the military
departments to develop and implement military installation
resilience plans for installations in coastal areas.
The House amendment contained a similar provision (sec.
2803) that would amend section 2864 of title 10, United
States Code, to provide additional clarity on the required
elements of military installation resilience plans; encourage
coordination with relevant local, State, and Federal entities
in the development of plans; and require an assessment of
resiliency gaps and best practices. This section would
further require the Secretary of Defense to provide a report
to the House Committee on Armed Services by March 1, 2020,
listing the installation master plans completed or in
progress during the previous 12 months.
The Senate recedes with an amendment that would allow the
Secretary of Defense to carry out military construction
projects for military installation resilience.
Improved consultation with tribal governments when proposed
military construction projects potentially impact Indian
tribes (sec. 2802)
The House amendment contained a provision (sec. 2804) that
would require the military departments to assess whether any
[[Page H9838]]
military construction project has the potential to
significantly affect tribal lands, sacred sites, or tribal
treaty rights. Additionally, the Secretary concerned shall
include a description of the current status of consultation
with the tribal government of each impacted Indian tribe on
military construction projects proposed to Congress.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Increased authority for use of certain appropriations amounts
for restoration or replacement of damaged or destroyed
facilities (sec. 2803)
The Senate bill contained a provision (sec. 2804) that
would allow the Secretary of the military department
concerned to carry out unspecified minor military
construction projects, not to exceed $12.0 million with an
area cost factor of $19.0 million, at the following
installations: (1) Tyndall Air Force Base, Florida; (2) Camp
Ashland, Nebraska; (3) Offutt Air Force Base, Nebraska; (4)
Camp Lejeune, North Carolina; and (5) Marine Corps Air
Station Cherry Point, North Carolina. This provision would
include a termination clause of 5 years after the enactment
of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would instead
amend section 2854(c)(3) of title 10, United States Code, by
striking ``$50,000,000'' and inserting ``$100,000,000''.
Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and
climate resiliency, and cyber resilience (sec. 2804)
The House amendment contained a provision (sec. 2805) that
would prohibit the Department of Defense from spending more
than 25 percent of the funds available for military
construction planning and design until the Secretary of
Defense submits a certification to Congress that the Tri-
Service Engineering Senior Executive Board has initiated the
process of updating the Unified Facility Criteria to ensure
building practices and standards promote military
installation resilience, energy resilience, energy and
climate resiliency, and cyber resilience. The Secretary of
Defense would further certify that the review and revision
process will be complete by September 1, 2020.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse
environmental effects (sec. 2805)
The House amendment contained a provision (sec. 2806) that
would require the Secretary of Defense or Secretary of the
military department concerned to certify, prior to submitting
a military construction project for consideration,
construction takes into account known extreme weather risks
and employs best practices and local building code
requirements for resiliency in the face of those risks.
The Senate bill contained no similar provision.
The Senate recedes.
Improved flood risk disclosure for military construction
(sec. 2806)
The House amendment contained a provision (sec. 2807) that
would amend 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) to ensure
sea level fluctuation is considered when evaluating military
construction projects.
The Senate bill contained no similar provision.
The Senate recedes.
Prioritization of projects in annual report on unfunded
requirements for laboratory military construction
projects (sec. 2807)
The Senate bill contained a provision (sec. 7801) that
would amend section 2806 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 222a note) by, among other things, requiring that the
projects in the annual report on unfunded requirements for
laboratory military construction projects are listed in
prioritized order, with specific amounts and elements
identified.
The House amendment contained no similar provision.
The House recedes.
Technical corrections and improvements to defense access road
resilience (sec. 2808)
The Senate bill contained a provision (sec. 2805) that
would amend section 210 of title 23, United States Code, to
improve the construction and reconstruction of defense access
roads subject to weather conditions. Additionally, this
provision would update the United Facilities Criteria to
ensure that the Department of Defense accounts for weather
and population projections during the construction projects.
The House amendment contained a similar provision (sec.
2808).
The Senate recedes.
Military construction projects for child development centers
at military installations (sec. 2809)
The Senate bill contained a provision (sec. 7804) that
would require the Under Secretary of Defense for Personnel
and Readiness, in coordination with the Assistant Secretary
for Energy, Installations, and Environment for each military
department, to submit to the congressional defense committees
an annual report listing, in priority order, unfunded
requirements for major and minor military construction
projects for Department of Defense child development centers
(CDCs). This provision would also increase the maximum
amounts applicable to minor construction projects for CDCs to
$15.0 million for no more than 3 years after the date of the
enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
specific funds for CDCs as delineated in the funding table in
section 4601 with specific conditions for authorization.
The conferees direct the Undersecretary of Defense, in
coordination with the Assistant Secretary for Energy,
Installations, and Environment for each military department,
to submit a report to the congressional defense committees by
February 15, 2020, listing unfunded requirements for major
and minor military construction projects for CDCs of the
Department of Defense in priority order. The report shall
include appropriate DD Form 1391 documentation for each
project.
Prohibition on use of funds to reduce air base resiliency or
demolish protected aircraft shelters in the European
theater without creating a similar protection from attack
(sec. 2810)
The Senate bill contained a provision (sec. 2802, as
amended by sec. 7802) that would prohibit funds authorized to
be appropriated by this Act or otherwise made available for
the Department of Defense to be obligated or expended to
implement any activity that reduces air base resiliency or
demolishes protected aircraft shelters in the European
theater without creating similar protection from attack until
such time as the Secretary of Defense certifies that
protected aircraft shelters are not required in the European
theater.
The House amendment contained no similar provision.
The House recedes.
Prohibition on use of funds to close or return certain bases
to the host nation (sec. 2811)
The Senate bill contained a provision (sec. 2803, as
amended by sec. 7803) that would prohibit funds authorized to
be appropriated by this Act or otherwise made available for
the Department of Defense to be obligated or expended to
implement any activity that closes or returns to host nations
any existing airbases until such time as the Secretary of
Defense certifies that there is no longer a need for a
rotational military presence in the European theater.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Real Property and Facilities Administration
Improved energy security for main operating bases in Europe
(sec. 2821)
The House amendment contained a provision (sec. 2831) that
would prohibit the use of Russian Federation sourced natural
gas at main operating bases in Europe.
The Senate bill contained no similar provision.
The Senate recedes.
Access to Department of Defense installations for
credentialed transportation workers (sec. 2822)
The House amendment contained a provision (sec. 2832) that
would enable the Transportation Worker Identification
Credential card to be accepted as a valid credential for
unescorted access to a work site at a maritime terminal of
the Department of Defense (DOD) and other DOD facilities.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Improved recording and maintaining of Department of Defense
real property data (sec. 2823)
The House amendment contained a provision (sec. 2835) that
would require the Undersecretary of Defense for Acquisition
and Sustainment to submit a report evaluating service-level
best practices for recording and maintaining real property
data to Congress not later than 150 days after the date of
the enactment of this Act. This provision would also require
the Undersecretary to issue service-wide guidance on the best
practices described in the report not later than 300 days
after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle C--Land Conveyances
Land conveyance, Hill Air Force Base, Ogden, Utah (sec. 2831)
The House amendment contained a provision (sec. 2841) that
would authorize the Secretary of the Air Force to convey 35
acres on Hill Air Force Base to the State of Utah for the
purposes of permitting the State to construct a new
interchange for Highway 15.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
include a savings provision.
Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery
(sec. 2832)
The Senate bill contained a provision (sec. 2811) that
would allow the Secretary of the
[[Page H9839]]
Army to release the terms and conditions and reversionary
interests retained on approximately 141.5 acres previously
owned by the United States government. The provision would
also require that the transferred land be used for the sole
purpose of expanding the Arkansas State Veterans Cemetery.
The House amendment contained a similar provision (sec.
2842).
The House recedes.
Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California (sec.
2833)
The Senate amendment contained a provision (sec. 7805) that
would modify the authorized uses of a certain property
conveyed by the United States to the State of California.
The House amendment contained a similar provision (sec.
2843).
The Senate recedes with a technical amendment.
Transfer of administrative jurisdiction over certain parcels
of Federal land in Arlington, Virginia (sec. 2834)
The Senate bill contained a provision (sec. 2812) that
would require the Secretary of the Interior to transfer a
specified 16.09 acres parcel to the Secretary of the Army and
for the Secretary of the Army to transfer a specified 1.04
acre parcel to the Secretary of the Interior. The provision
would not require any form of payment or consideration from
either party. The provision would require that the 16.09 acre
parcel transferred to the Army be managed as part of
Arlington National Cemetery.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
Secretary of the Army to seek to enter into a memorandum of
understanding with the Women in Military Service for America
Memorial Foundation to define roles and responsibilities for
the shared responsibility and resources for operation and
maintenance of the Women's Memorial and surrounding grounds.
Subtitle D--Military Land Withdrawals
Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the Johnson Valley
Off-Highway Vehicle Recreation Area (sec. 2841)
The House amendment contained a provision (sec. 2851) that
would amend section 2942 of the Military Land Withdrawals Act
of 2013 to require the Secretary of the Navy to provide
public notice prior to the use of the Shared Use Area for
military training purposes.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle E--White Sands National Park and White Sands Missile Range
White Sands Missile Range Land Enhancements (sec. 2851)
The Senate bill contained a provision (sec. 2814) that
would establish White Sands National Park and abolish White
Sands National Monument. The establishment of a national park
would increase the public recognition of the significant
resources of White Sands. This provision would modify the
boundary of White Sands National Park and convey 3,737 acres
of land from the Secretary of the Interior to the Secretary
of the Army. This provision would also convey 8,592 acres of
land from the Secretary of the Army to the Secretary of the
Interior.
The House amendment contained a series of similar
provisions (secs. 2861-2866).
The House recedes with an amendment that would remove the
findings and provide for technical changes.
Subtitle F--Other Matters
Installation and maintenance of fire extinguishers in
Department of Defense facilities (sec. 2861)
The House amendment contained a provision (sec. 2871) that
would require the Secretary of Defense to ensure that
portable fire extinguishers are installed and maintained at
Department of Defense facilities in accordance with the
requirements of national model fire codes.
The Senate bill contained no similar provision.
The Senate recedes.
Definition of community infrastructure for purposes of
military base reuse studies and community planning
assistance (sec. 2862)
The House amendment contained a provision (sec. 2872) that
would amend section 2391(c)(4) of title 10, United States
Code, to add not-for-profit, member-owned utility services to
the definition of community infrastructure.
The Senate bill contained no similar provision.
The Senate recedes.
Temporary authority for acceptance and use of contributions
for certain design and construction projects mutually
beneficial to the Department of Defense and the Republic
of Korea (sec. 2863)
The Senate bill contained a provision (sec. 2822) that
would amend section 2804 of the Military Construction
Authorization Act for Fiscal Year 2016, Division B of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), to include the Government of the
Republic of Korea.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow the
Secretary concerned to accept cash contributions for two
specific military construction projects in the Republic of
Korea and allow for a cost-sharing agreement for said
projects as long as the projects are in support of a
bilateral defense cooperation agreement between the United
States and the Republic of Korea or if the Secretary
concerned determines that the United States may derive a
benefit from the project.
Black start exercises at military installations (sec. 2864)
The House amendment contained a provision (sec. 2874) that
would require the Department of Defense to conduct three
additional black start exercises at joint bases to test
installation energy resiliency systems. This section would
also require the Secretary of Defense to provide a report to
the defense committees by June 1, 2020, on lessons learned
from black start exercises concluded prior to December 31,
2019.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify the
exercise requirements.
Pilot program to extend service life of roads and runways
under the jurisdiction of the Secretary of Defense (sec.
2865)
The Senate bill contained a provision (sec. 2825) that
would authorize the Secretaries of the military departments
to carry out a pilot program to design, build, and test
technologies in order to extend the service life of roads and
runways under their jurisdiction. Further, this provision
would require that, not later than 2 years after the
commencement of the pilot program, the Secretaries of the
military departments submit a report on the program to the
congressional defense committees.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station, Modoc County,
California (sec. 2866)
The House amendment contained a provision (sec. 2880) that
would prohibit the use of funds to rehabilitate the Over-the-
Horizon Backscatter Radar system receiving location in Modoc
National Forest.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend the
sunset on the provision to 2025.
Designation of Sumpter Smith Joint National Guard Base (sec.
2867)
The Senate bill contained a provision (sec. 2823) that
would designate the Sumpter Smith Air National Guard Base in
Birmingham, Alabama, as the ``Sumpter Smith Joint National
Guard Base.''
The House amendment contained no similar provision.
The House recedes.
Santa Ynez Band of Chumash Indians land affirmation (sec.
2868)
The House amendment contained a provision (sec. 2876) that
would place land into trust for the benefit of the Santa Ynez
Band of Chumash Mission Indians.
The Senate bill contained no similar provision.
The Senate recedes.
Lands to be taken into trust as part of the reservation of
the Lytton Rancheria (sec. 2869)
The House amendment contained a provision (sec. 1099D) that
would take into trust land owned by the Lytton Rancheria of
California.
The Senate bill contained no similar provision.
The Senate recedes.
Little Shell Tribe of Chippewa Indians of Montana (sec. 2870)
The Senate amendment contained a provision (sec. 6020) that
would extend federal recognition of the Little Shell Tribe of
Chippewa Indians of Montana, make the tribe and its members
eligible for services and benefits provided to federally
recognized tribes, and take land into trust.
The House bill contained no similar provision.
The House recedes.
Sense of Congress on restoration of Tyndall Air Force Base
(sec. 2871)
The Senate bill contained a provision (sec. 5306) that
would express the sense of Congress that the Secretary of the
Air Force should restore Tyndall Air Force Base to achieve
military installation resilience.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
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
The House amendment contained a provision (sec. 2801) that
would prohibit the obligation, expense, or use of funds that
have been authorized to be appropriated for military
construction projects in fiscal years 2015 through 2020 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.
The Senate bill contained no similar provision.
The House recedes.
[[Page H9840]]
Modification and clarification of construction authority in
the event of a declaration of war or national emergency
The House amendment contained a provision (sec. 2802) that
would amend section 2808 of title 10, United States Code, to
limit the total cost of military construction projects
undertaken during a national emergency to $500.0 million,
with a further limit of $100.0 million for construction
projects within the United States, clarify the ability to
waive any other provision of law, and add elements to
required congressional notifications.
The Senate bill contained no similar provision.
The House recedes.
Modification of requirements relating to land acquisition in
Arlington County, Virginia
The Senate bill contained a provision (sec. 2813) that
would amend section 2829A of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
to require the Secretary of the Army to expend amounts up to
fair market value for cemetery expansion and include an in-
kind consideration clause.
The House amendment contained no similar provision.
The Senate recedes.
Equal treatment of insured depository institutions and credit
unions operating on military installations
The Senate bill contained a provision (sec. 2821) that
would amend section 2667 of title 10, United States Code, to
require the Department of Defense (DOD) to ensure that
policies governing depository institutions and credit unions
operating on military installations are equally applied to
all relevant institutions. Additionally, the provision would
prohibit any requirement for Secretaries of the military
departments to provide no-cost office space or no-cost land
lease to any insured depository institution or insured credit
union.
The House amendment contained no similar provision.
The Senate recedes.
Prohibition on use of funds to privatize temporary lodging on
installations of Department of Defense
The Senate bill contained a provision (sec. 2824) that
would prohibit the Department of Defense for fiscal year 2020
to privatize temporary lodging on installations of the
Department.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the significant management
shortfalls in the privatized family housing program may cast
doubt regarding the efficacy of future privatization
initiatives.
Report on encroachment challenges on military installations
posed by non-military aircraft
The House amendment contained a provision (sec. 2833) that
would require the Assistant Secretary of Defense for
Sustainment to submit a report on encroachment challenges and
mitigation strategies posed by non-military aircraft
overflying military installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Assistant Secretary of Defense for
Sustainment to submit a report, not later than 180 days after
the enactment of this act, which would describe:
(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 an
increased military regulatory authority and distinctions, if
any, among government/first responder, commercial, civil and
recreational aviation.
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 to
the use of such unmanned aerial vehicles if the Secretary
considers reference to such use relevant to the subject of
the report.
Report on capacity of Department of Defense to provide
survivors of natural disasters with emergency short-term
housing
The House amendment contained a provision (sec. 2834) that
would require the Secretary of Defense to submit a report on
the capacity of the Department of Defense to provide
survivors of natural disasters with emergency short-term
housing.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report analyzing the capacity of the Department of Defense to
provide survivors of natural disasters with emergency short-
term housing to the congressional defense committees not
later than 220 days after the date of enactment of this Act.
Continued Department of Defense use of heating, ventilation,
and air conditioning systems utilizing variable
refrigerant flow
The House amendment contained a provision (sec. 2836) that
would allow the Department of Defense to continue to consider
and select heating, ventilation, and air conditioning systems
that utilize variable refrigerant flow as an option for use
in Department facilities.
The Senate bill contained no similar provision.
The House recedes.
Report on Department of Defense use of intergovernmental
support agreements
The House amendment contained a provision (sec. 2837) that
would require the Secretary of Defense to submit a report on
the Department of Defense's use of intergovernmental support
agreements to the congressional defense committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report containing a plan to improve the collection and
monitoring of information regarding the consideration and use
of intergovernmental support agreements, as authorized by
section 2679 of title 10, United States Code, including
information regarding the financial and nonfinancial benefits
derived from the use of such agreements.
The report should be submitted to the congressional defense
committees not later than July 31, 2020.
Report on vulnerabilities from sea level rise to certain
military installations located outside the continental
United States
The House amendment contained a provision (sec. 2873) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on vulnerabilities from
sea level rise at certain installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees on
vulnerabilities from sea level fluctuation to covered
installations located outside of the continental United
States. For each covered installation, the report should
include the following:
(1) An analysis of the impacts to the operations,
contingency plans, and readiness of such installation from
sea level fluctuation.
(2) A discussion of mitigation efforts, including dredging,
reclaiming land, and island building, that may be necessary
due to a sea level fluctuation to ensure the continued
operational viability of such installation and to increase
the resiliency of such installation. The estimated costs of
such efforts should be included in the report.
(4) An identification of alternative locations for the
continuance of operations of such installation if such
installation is rendered inoperable.
The report should be submitted in unclassified form but may
contain a classified annex. For the purposes of this report,
the term ``covered installation'' means Naval Support
Facility Diego Garcia and Ronald Reagan Ballistic Missile
Defense Test Site, Kwajalein.
Report on projects awaiting approval from the Realty
Governance Board
The House amendment contained a provision (sec. 2875) that
would require that the Secretary of Defense submit a report
describing the projects that are awaiting approval from the
Realty Governance Board to Congress.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report describing the projects that, as of the date of the
report, are awaiting approval from the Realty Governance
Board. The report should include the following:
(1) A list of projects awaiting evaluation for a Major Land
Acquisition Waiver; and
(2) An assessment of the impact a project described above
would have on the security of physical assets and personnel
at the military installation requesting the Major Land
Acquisition Waiver.
The report should be submitted to the congressional defense
committees not later than 180 days after the date of the
enactment of this Act.
Report on lead service lines at military installations
The House amendment contained a provision (sec. 2877) that
would require the Secretary of Defense to submit to the
congressional defense committees a report on lead services
lines at military installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report on lead service lines at military installations to the
congressional defense committees not later than January 1,
2021. The report should contain the following:
(1) The number of military installations at which lead
service lines are connected to schools, childcare centers and
facilities, buildings, and other facilities of the
installation as the Secretary determines appropriate.
(2) The total number of members of the Armed Forces
affected by the presence of lead service lines at military
installations and the number of such members with dependents.
(4) Actions, if any, undertaken by the Secretary to inform
individuals affected by the presence of lead service lines at
military installations of such presence.
(5) Recommendations for legislative action relating to the
replacement of lead service lines at military installations.
[[Page H9841]]
Renaming of Lejeune High School in honor of Congressman
Walter B. Jones
The House amendment contained a provision (sec. 2878) that
would rename Lejeune High School at Camp Lejeune, North
Carolina, ``Walter B. Jones Camp Lejeune High School.''
The Senate bill contained no similar provision.
The House recedes.
The conferees note Congressman Walter B. Jones' years of
service in support of servicemembers in the United States
Armed Forces and encourage the Secretary of the Navy and the
Commandant of the Marine Corps to rename a suitable building
or other infrastructure in honor and memoriam of Congressman
Jones.
Operation, maintenance, and preservation of Mare Island Naval
Cemetery, Vallejo, California
The House amendment contained a provision (sec. 2879) that
would allow the Secretary of Defense to provide not more than
$250,000 per fiscal year to aid in the operation,
maintenance, and preservation of the Mare Island Naval
Cemetery in Vallejo, California, if certain criteria, such as
the city entering into an agreement with a nonprofit
historical preservation organization, are met within 1 year
after the date of the enactment of this Act. The provision
would further allow the Secretary to reduce or forgo
assistance in a fiscal year and require the organization to
submit to the Secretary an annual report containing an audit
of its financial revenues and expenditures and describing how
funds were used.
The Senate bill contained no similar provision.
The House recedes.
Title XXIX--Authorization of Overseas Contingency Operations Military
Construction and Emergency Military Construction
Subtitle A--Overseas Contingency Operations Military Construction
Summary
The budget request included $9,844,526,000 for Overseas
Contingency Operations military construction for fiscal year
2020. The conference agreement includes $921,420,000 for
Overseas Contingency Operations military construction for
fiscal year 2020. In addition, the conference agreement
includes $4,119,813,000 in emergency designated funding
required for military construction projects in support of
disaster recovery efforts at several military installations.
The agreement includes a $60.0 million increase in the
authorization of appropriations for Air Force Planning and
Design in support of overseas infrastructure requirements. In
addition, the agreement includes an increase of $36.2 million
for the Army, $36.2 million for the Navy and Marine Corps,
and $36.2 million for the Air Force in support of unspecified
military construction projects, with prior notification to
the congressional defense committees, that support the
European Deterrence Initiative.
As noted earlier in this report, the conferees recommend
the transfer of certain military constructions from the Base
budget request to the Overseas Contingency Operations title
of this Act. Specifically, these projects include:
(1) $53.3 million for an Electrical System Upgrade in
Bahrain;
(2) $77.4 million for a Communications Station at
Sigonella, Italy;
(3) $24.0 million for an Air Traffic Control Tower at
Azraq, Jordan; and
(4) $42.0 million for a Munitions Storage Area at Azraq,
Jordan.
Finally, the conference agreement does not include an
authorization or an authorization of appropriation for a
High-Value Detainee Facility at Guantanamo Bay, Cuba. The
conferees continue to have questions about the need to
construct a new permanent detention facility with increased
capacity and capabilities. Furthermore, the conferees believe
the Department has not adequately assessed alternative
options to support current and foreseeable detention
requirements.
Authorized Army construction and land acquisition projects
(sec. 2901)
The Senate bill contained a provision (sec. 2901) that
would authorize Army military construction projects for
fiscal year 2020 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision (sec.
2901).
The Senate recedes with a technical amendment.
Authorized Navy construction and land acquisition projects
(sec. 2902)
The Senate bill contained a provision (sec. 2902) that
would authorize Navy military construction projects for
fiscal year 2020 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision (sec.
2902).
The Senate recedes with a technical amendment.
Authorized Air Force construction and land acquisition
projects (sec. 2903)
The Senate bill contained a provision (sec. 2903) that
would authorize Air Force military construction projects for
fiscal year 2020 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision (sec.
2903).
The Senate recedes with a technical amendment.
Authorized Defense Agencies construction and land acquisition
projects (sec. 2904)
The Senate bill contained a provision (sec. 2904) that
would authorize Defense Agencies military construction
projects for fiscal year 2020 for overseas contingency
operations. The authorized amounts are listed on an
installation-by-installation basis.
The House amendment contained an identical provision (sec.
2904).
The conference agreement includes this provision.
Authorization of appropriations (sec. 2905)
The Senate bill contained a provision (sec. 2907) that
would authorize appropriations for military construction in
the overseas contingency operations account for fiscal year
2020.
The House amendment contained an identical provision (sec.
2905).
The conference agreement includes this provision.
Subtitle B--Emergency Military Construction
Authorization of emergency Navy construction and land
acquisition projects (sec. 2911)
The House amendment contained a provision (sec. 3001) that
would authorize emergency military construction projects for
the Department of the Navy to support recovery of military
facilities and infrastructure damaged by natural disasters.
The Senate bill contained a similar provision (sec. 2905)
that would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense-wide Agencies, and
Reserve Components.
The Senate recedes with an amendment that would authorize
Department of Navy emergency construction projects.
Authorization of emergency Air Force construction and land
acquisition projects (sec. 2912)
The House amendment contained a provision (sec. 3002) that
would authorize emergency military construction projects for
the Air Force to support recovery of military facilities and
infrastructure damaged by natural disasters.
The Senate bill contained a similar provision (sec. 2905)
that would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense-wide Agencies, and
Reserve Components.
The Senate recedes with an amendment that would authorize
Air Force emergency construction projects.
Authorization of emergency Army National Guard construction
and land acquisition projects (sec. 2913)
The Senate bill contained a provision (sec. 2905) that
would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense Agencies, and
Reserve Components.
The House amendment contained a provision (sec. 3004) that
would authorize emergency military construction projects for
the Army National Guard and Army Reserve to support recovery
of military facilities and infrastructure damaged by natural
disasters.
The House recedes with an amendment that would authorize
Army National Guard and Army Reserve emergency construction
projects.
Authorization of emergency Defense Agencies construction and
land acquisition projects (sec. 2914)
The House amendment contained a provision (sec. 3003) that
would authorize emergency military construction projects for
the Army National Guard and Army Reserve to support recovery
of military facilities and infrastructure damaged by natural
disasters.
The Senate bill contained a similar provision (sec. 2905)
that would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense-wide Agencies, and
Reserve Components.
The Senate recedes with an amendment that would authorize
defense agency emergency construction projects.
Authorization of emergency supplemental appropriations for
military construction projects (sec. 2915)
The agreement includes a provision that would authorize
appropriations for emergency military construction at the
levels identified in section 4603 of division D of this Act.
LEGISLATIVE PROVISIONS NOT ADOPTED
Replenishment of certain military constructions funds
The Senate bill contained a provision (sec. 2906) that
would authorize $3.6 billion in military construction,
overseas contingency operations, for the purposes of
replenishing funds for previously authorized military
construction projects that were repurposed under section 2808
of title 10, United States Code, from the national emergency
declared on the southern border under the National
Emergencies Act (Public Law 94-412).
The House amendment contained no similar provision.
The Senate recedes.
Title XXX--Military Housing Privatization Reform
Definitions (sec. 3001)
The Senate bill contained a provision (sec. 3001) that
would provide definitions for specific terms for this title.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify
certain definitions and provide for a technical change.
[[Page H9842]]
Subtitle A--Addition of New Reform Subchapter
Improved accountability and oversight of privatized military
housing and protections and responsibilities for tenants
of privatized military housing (sec. 3011)
The Senate bill contained a provision (sec. 3011) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense, in
coordination with the secretaries of the military
departments, to develop a document to be known as the
``Tenant Bill of Rights,'' which would include, but not be
limited to, minimum rights, such as homes that meet minimum
health and environmental standards, the ability to report
inadequate living standards to the military chain of command
without fear of reprisal, and the ability to enter into a
dispute resolution process for purposes of recouping basic
allowance for housing.
The House amendment contained a similar provision (sec.
2811).
The House recedes with an amendment that would include
general contract requirements for military housing units,
require congressional notification 30 days before changes to
the bill of rights are released, and provide for a technical
change.
Designation of Chief Housing Officer for privatized military
housing (sec. 3012)
The Senate bill contained a provision (sec. 3012) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring that the Secretary of Defense
designate a Chief Housing Officer, who shall be a
presidentially appointed and Senate-confirmed Department of
Defense official. The provision would require the Chief
Housing Officer to establish and maintain the Office of the
Chief Housing Officer, whose purpose would be to conduct
oversight of the Military Housing Privatization Initiative
(MHPI) by standardizing policies and conducting audits of
contracts, agreements, and work order incentive fees.
The House amendment contained no similar provision.
The House recedes with an amendment that would make the
role of Chief Housing Officer non-delegable; change the scope
of responsibility to include oversight of any Department-wide
policies related to the MHPI; drop the requirement that the
Chief Housing Officer conduct audits of contracts,
agreements, and work order incentive fees; and provide for a
technical change.
Additional requirements relating to contracts for privatized
military housing (sec. 3013)
The Senate bill contained a provision (sec. 3044) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to include
certain requirements for any contract with a term of more
than 10 years for the purpose of privatized military housing.
The provision would require that contracts: allow the
Department of Defense to renegotiate the contract at minimum
every 5 years, prohibit the continued working under the
contract of any employee who has committed work order fraud
under the contract, and require the private contractor to pay
a tenant's relocation fees and living expenses if a tenant is
required to move due to health or environmental hazards.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
10-year timeframe and requirement that contacts be
renegotiated at minimum every 5 years; require that the
private management company or private partner reimburse the
Department of Defense for the costs of any medical
evaluations and treatment provided to a tenant if the
landlord is found by the Secretary concerned to have failed
to maintain safe and sanitary conditions; require that the
Secretary of Defense seek agreement from all property
management companies or private partners to participate in
the requirements retroactively and submit to the
congressional defense committees a list of landlords who
decline to participate; and provide for a technical change.
Additional requirements relating to management of privatized
military housing (sec. 3014)
The Senate bill contained a provision (sec. 3043) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to ensure
that operating agreements for any Department of Defense
installation where on-base housing is managed by a private
contractor include certain requirements. The provision would
also include requirements for the installation commander, the
head of each housing management office, and the private
contractor.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
landlord to maintain an electronic work order system that can
be accessed by the tenant; prohibit the landlord from
imposing a supplemental payment, such an out-of-pocket fee,
on a tenant in addition to rent; require that the Secretary
of Defense seek agreement from all property management
companies or private partners to participate in the
requirements retroactively and submit to the congressional
defense committees a list of landlords who decline to
participate; and provide for a technical change.
Consideration of contractor history in contracts for
privatized military housing (sec. 3015)
The Senate bill contained a provision (sec. 3014) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to
consider a private contractor's past performance when
deciding whether or not to enter into a new contract or renew
an existing contract with that contractor.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Additional improvements for management of privatized military
housing (sec. 3016)
The Senate bill contained a provision (sec. 3019) that
would amend chapter 169 of title 10, United States Code, to
require the Secretary of Defense to establish a database that
makes available to the public complaints from tenants related
to privatized military housing units, together with the
landlord's response to each such complaint.
The House amendment contained a similar provision (sec.
2820) that would amend subchapter IV of chapter 169 of title
10, United States Code, to require the Secretary of Defense
to establish a publicly available database of complaints
relating to privatized military family housing. This section
would also require an annual audit to be performed by the
Comptroller General of the United States of a small, medium,
and large military installation with privatized military
family housing. This section would also amend section 2884 of
title 10, United States Code, by directing the Secretary of
Defense to provide an annual report on military housing to
the defense committees.
The Senate recedes with an amendment that would ensure the
collected information exclude personally identifiable
information and be limited to the installation, management
company, and nature of the complaint and provide for a
technical change.
Maintenance work order system for privatized military housing
(sec. 3017)
The Senate bill contained a provision (sec. 3020) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring each private contractor that
provides housing under this subchapter to provide the housing
management office at each installation access to their
maintenance work order system.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Access by tenants of privatized military housing to
maintenance work order system (sec. 3018)
The Senate bill contained a provision (sec. 3021) that
would require that each landlord for a privatized military
housing unit have an electronic work order system and provide
tenants with access to such system.
The House amendment contained no similar provision.
The House recedes.
Access by tenants to historical maintenance information for
privatized military housing (sec. 3019)
The Senate bill contained a provision (sec. 3033) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring each private contractor that
provides housing under this subchapter to provide prospective
tenants with information regarding maintenance conducted at
prospective housing units for the previous 10 years.
The House amendment contained no similar provision.
The House recedes with an amendment that would change 10
years to 7 years, require any renovations be included in the
provided history, and provide for a technical change.
Prohibition on requirement to disclose personally
identifiable information in certain requests for
maintenance of privatized military housing (sec. 3020)
The Senate bill contained a provision (sec. 3034) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by adding a section prohibiting any private
contractor who is responsible for military housing from using
a maintenance work order call center outside the United
States.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
prohibition to a prohibition on requiring tenants to disclose
personally identifiable information to call centers and
provide for a technical change.
Treatment of incentive fees for landlords of privatized
military housing for failure to remedy a health or
environmental hazard (sec. 3021)
The Senate bill contained a provision (sec. 3045) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, to require the Secretary of Defense to withhold
incentive fees, which would otherwise be paid to a private
contractor under this subchapter, for failure to remedy a
health or environmental hazard.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Dispute resolution process for landlord-tenant disputes
regarding privatized military housing and requests to
withhold payments during dispute resolution process (sec.
3022)
The Senate bill contained a provision (sec. 3031) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, to
[[Page H9843]]
require the Secretary of Defense to implement a formal
dispute resolution process on each military installation with
privatized military housing units.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify the
dispute resolution process, ensure that tenants entering into
such a process have access and assistance from a military
housing advocate or military legal assistance attorney, and
provide for a technical change.
Investigation of reports of reprisals relating to privatized
military housing and congressional notification (sec.
3023)
The House amendment contained a provision (sec. 2824) that
would require the Assistant Secretary of Defense for
Sustainment to investigate all reports of reprisal against a
member of the Armed Forces for reporting an issue relating to
a housing issue under this subchapter.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Prohibition on use of nondisclosure agreements in connection
with leases of privatized military housing (sec. 3024)
The House amendment contained a provision (sec. 2812) that
would amend section 2882 of title 10, United States Code, to
prohibit the use of non-disclosure agreements in connection
with entering into, continuing, or terminating a lease for a
housing unit covered under the Military Housing Privatization
Initiative.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Other Amendatory Provisions
Installation of carbon monoxide detectors in military family
housing (sec. 3031)
The House amendment contained a provision (sec. 2821) that
would amend section 2821 of title 10, United States Code, by
requiring the Secretary concerned to provide for the
installation and maintenance of carbon monoxide detectors in
each unit of military family housing under their
jurisdiction.
The Senate bill contained no similar provision.
The Senate recedes.
Authority to furnish certain services in connection with use
of alternative authority for acquisition and improvement
of military housing (sec. 3032)
The House amendment contained a provision (sec. 2813) that
would amend section 2872a of title 10, United States Code, to
add street sweeping and tree trimming and removal to the list
of reimbursable services that may be furnished under that
section.
The Senate bill contained no similar provision.
The Senate recedes.
Treatment of breach of contract for privatized military
housing (sec. 3033)
The Senate bill contained a provision (sec. 3015) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to
withhold any amount owed under the contract as well as to
rescind the contract if a material breach is found and not
remedied within 90 days.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Modification to requirements for window fall prevention
devices in military family housing units (sec. 3034)
The Senate bill contained a provision (sec. 3036) that
would amend section 2879(c) of title 10, United States Code,
by striking ``24 inches'' and inserting ``42 inches''.
The House amendment contained a similar provision (sec.
2814) that would amend section 2879 of title 10, United
States Code, to modify the requirements and applicable
standards for window fall prevention devices.
The Senate recedes.
Expansion of direct hire authority for Department of Defense
for childcare services providers for Department child
development centers to include direct hire authority for
installation military housing office personnel (sec.
3035)
The Senate bill contained a provision (sec. 3046) that
would amend section 559 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) to extend direct
hire authority to fill civil service position vacancies at
installation military housing offices.
The House amendment contained no similar provision.
The House recedes.
Modification of authority to make payments to lessors of
privatized military housing (sec. 3036)
The Senate bill contained a provision (sec. 3017) that
would amend section 606 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), by repealing the requirement that the Secretary of
Defense pay an additional 5 percent of the calculated Basic
Allowance for Housing (BAH) for residents of Military Housing
Privatization Initiative (MHPI) projects to MHPI projects.
The provision would require the Secretaries of the military
departments to provide additional payments to MHPI projects
equivalent to 2 percent of the calculated BAH for residents
of MHPI projects. The Secretaries of the military departments
would be required to use 3 percent of the calculated BAH for
MHPI residents to make improvements to the oversight and
management of MHPI projects.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
service secretaries to provide additional payments to MHPI
projects equivalent to 2.5 percent of the calculated BAH for
residents of each MHPI project. Service secretaries would
also be required to provide an additional 2.5 percent of the
calculated BAH for MHPI residents to MHPI projects that are
determined to be underfunded. If the Chief Housing Officer
determines no MHPI projects within a particular military
department are underfunded, the Secretary of the military
department concerned shall use any remaining funds to enhance
the quality of life of military families residing in MHPI
housing.
Technical correction to definition used to make payments to
lessors of privatized military housing (sec. 3037)
The Senate bill contained a provision (sec. 3055) that
would amend section 606(d) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) to define eligible privatized housing projects as
those that were procured, acquired, constructed, or for which
any phase or portion of a project was first finalized and
signed on or before September 30th, 2014.
The House bill contained no similar provision.
The House recedes.
Subtitle C--One-Time Reporting Requirements
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. 3041)
The House amendment contained a provision (sec. 2817) that
would require the Secretary of Defense, in coordination with
the secretaries of the military departments, to provide a
report to the congressional defense committees not later than
September 30, 2020, on the manpower requirements and
execution plan to staff military housing offices and
headquarters to fill gaps in oversight personnel.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
breakdown of requirements by function, such as oversight,
home inspectors, and maintenance, for additional personnel
required.
Plans for creation of councils on privatized military housing
(sec. 3042)
The Senate bill contained a provision (sec. 3042) that
would require the Assistant Secretary for energy,
installations, and environment of each military department to
establish a military housing council to identify and resolve
problems with military housing managed by private
contractors.
The House amendment contained no similar provision.
The House recedes with an amendment that would instead
require each Assistant Secretary concerned to submit a plan
for the creation of a privatized military housing council to
the congressional defense committees not later than February
1, 2020.
Plan for establishment of Department of Defense jurisdiction
over off-base privatized military housing (sec. 3043)
The Senate bill contained a provision (sec. 3047) that
would require the Secretary of Defense, in consultation with
the secretaries of the military departments, to submit a plan
to establish jurisdiction at locations with privatized
military housing not located on a military installation to
the congressional defense committees not later than 30 days
after the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
due date for the plan from 30 days to 180 days.
Inspector General review of Department of Defense oversight
of privatized military housing (sec. 3044)
The House amendment contained a provision (sec. 2818) that
would require the Inspector General of the Department of
Defense to conduct an annual review of the Department's
oversight of privatized military family housing at 15
randomly selected installations and publish the results on a
publicly available website.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change the
number of installations to be reviewed from 15 to 3.
Information on legal services provided to members of the
Armed Forces harmed by health or environmental hazards at
military housing (sec. 3045)
The Senate bill contained a provision (sec. 3053) that
would require the Secretary of Defense to submit a report not
later than 90 days after the enactment of this Act to the
congressional defense committees on the legal services
available to members of the Armed Forces who have been harmed
by health and environmental hazards while living in military
housing.
The House amendment contained an identical provision (sec.
550M).
The conference agreement includes this provision.
[[Page H9844]]
Subtitle D--Development of Housing Reform Standards and Processes
Uniform code of basic standards for privatized military
housing and plan to conduct inspections and assessments
(sec. 3051)
The Senate bill contained a provision (sec. 3016) that
would require the Secretary of Defense to establish a uniform
code of basic housing standards for safety, comfort, and
habitability for privatized military housing. The provision
would also require the Secretary to submit to the
congressional defense committees, not later than February 1,
2020, this uniform code and a plan for the Department of
Defense to contract with home inspectors to conduct
inspections and assessments of habitability and structural
integrity of each housing unit as specified under subchapter
IV of chapter 169 of title 10, United States Code. Finally,
the provision would require that said inspections be
completed no later than February 1, 2021.
The House amendment contained a similar provision (sec.
2819).
The House recedes with an amendment that would require that
the uniform code of basic housing standards be implemented by
February 1, 2021, and meet or exceed requirements informed by
a nationally recognized, consensus-based, model property
maintenance code.
Tool for assessment of hazards in Department of Defense
housing (sec. 3052)
The House amendment contained a provision (sec. 2815) that
would require the Secretary of Defense to develop an
assessment tool to identify and measure health and safety
hazards in Department of Defense housing, to include
privatized housing, and provide a report to the Committees on
Armed Services of the Senate and the House of
Representatives.
The Senate bill contained no similar provision.
The Senate recedes.
Process to identify and address environmental health hazards
in Department of Defense housing (sec. 3053)
The House amendment contained a provision (sec. 2816) that
would require the Secretary of Defense, in coordination with
the secretaries of the military departments, to develop a
process to identify, record, and resolve environmental health
hazards in Department of Defense housing, to include
privatized housing, and to provide a report to the Committees
on Armed Services of the Senate and the House of
Representatives.
The Senate bill contained no similar provision.
The Senate recedes.
Department of Defense policy on lead-based paint testing on
military installations (sec. 3054)
The Senate bill contained a provision (sec. 3051) that
would require the Secretary of Defense to establish a policy
under which a qualified individual may access a military
installation to conduct lead testing, with all results to be
shared with the installation civil engineer, housing
management office, and major subordinate command with
jurisdiction over the installation. Additionally, the
provision would require the Secretary of Defense to annually
submit a report, not later than February 1 of each year, to
the congressional defense committees.
The House amendment contained a similar provision (sec.
2822).
The Senate recedes with a technical amendment that would
amend the annual reporting requirement by including it in the
annual housing report.
Standard for minimum credentials for health and environmental
inspectors of privatized military housing (sec. 3055)
The Senate bill contained a provision (sec. 3018) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on a standard for common
credentials to be used throughout the Department of Defense
for purposes of health and environmental hazard inspection to
include, at a minimum, categories for lead, mold, and radon.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Requirements relating to move-in, move-out, and maintenance
of privatized military housing (sec. 3056)
The Senate bill contained a provision (sec. 3037) that
would require the Secretary of Defense, in consultation with
the secretaries of the military departments, to develop a
uniform move-out checklist for tenants of privatized military
housing. This provision would also require that all
maintenance issues and work orders related to health and
safety issues at privatized military housing be reported to
the commander of the installation at which the housing is
located.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
deadline from 30 days to 60 days, among other technical and
clarifying changes.
Standardized documentation, templates, and forms for
privatized military housing (sec. 3057)
The Senate bill contained a provision (sec. 3041) that
would require the Secretary of Defense, in coordination with
the secretary of each military department, to develop
standard documentation, templates, and forms for privatized
military housing. The provision would also require the
Secretary of Defense to issue guidance within 30 days of the
enactment of this Act and to deliver an implementation plan
to the congressional defense committees not later than
February 1, 2020.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Satisfaction survey for tenants of military housing (sec.
3058)
The Senate bill contained a provision (sec. 3052) that
would require the Secretary of Defense to ensure that each
military department utilizes the same electronic satisfaction
survey for all surveys relating to the customer service
experience of all military housing residents, those living in
both government and privately managed housing units. The
committee believes that one standard survey will allow for
improved data collection to pinpoint problems and best
practices with ease and assist in regaining the trust of
military families and servicemembers.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle E--Other Housing Reform Matters
Radon testing of privatized military housing (sec. 3061)
The Senate bill contained a provision (sec. 3035) that
would require the Secretary of Defense to submit a report not
later than March 1, 2020, to the congressional defense
committees that identifies all Department of Defense
installations that should be monitored for levels of radon in
excess of that in the Environmental Protection Agency's
recommendations. The provision would also require the
Secretary of Defense to establish testing procedures for all
privatized military housing at installations that have been
identified as requiring radon monitoring and would include a
requirement to complete initial testing for all privatized
military housing by June 1, 2020. The provision would also
require the Secretary of Defense to certify on an annual
basis that radon testing is being conducted for privatized
military housing.
The House amendment contained no similar provision.
The House recedes with an amendment that would drop the
annual testing certification and make technical changes.
Mitigation of risks posed by certain items in military family
housing units (sec. 3062)
The Senate bill contained a provision (sec. 3054) that
would require the Secretary of Defense to allow a resident of
a military family housing unit to anchor any furniture,
television, or large appliance to the wall of the unit for
purposes of preventing such item from tipping over without
incurring a penalty or obligation to repair the wall upon
vacating the unit. Further, the provision would require the
Secretary to ensure that certain freestanding furniture
taller than 27 inches be securely anchored in furnished
military family housing units under the jurisdiction of the
Department of Defense.
The House amendment contained no similar provision.
The House recedes.
Suspension of Resident Energy Conservation Program and
related programs for privatized military housing (sec.
3063)
The Senate bill contained a provision (sec. 3032) that
would suspend the Department of Defense's Resident Energy
Conservation Program (RECP) until the Secretary of Defense
can certify that 100 percent of military housing on
installations is individually metered and certified by an
independent entity through an energy audit. Furthermore, the
provision would terminate the RECP if the Secretary of
Defense is unable to certify the individual usage 2 years
after enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
term of suspension requirement that the military housing be
certified by an independent entity through an energy audit.
Department of the Army pilot program to build and monitor use
of single family homes (sec. 3064)
The Senate bill contained a provision (sec. 3056) that
would require the Secretary of the Army to carry out a pilot
program to build and monitor the use of not fewer than five
single family homes for members of the Army and their
families.
The House amendment contained a similar provision (sec.
2823).
The Senate recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Command oversight of military privatized housing as element
of performance evaluations
The Senate bill contained a provision (sec. 3013) that
would require each service secretary to ensure that
performance evaluations indicate the extent to which the
following individuals have or have not exercised effective
oversight and leadership of military privatized housing: (1)
Commanders of military installations with privatized military
housing; (2) Each officer or senior enlisted member whose
duties include facilities or housing management at such
installations; and (3) Any other officer or enlisted member
as specified by the secretary concerned.
The House amendment contained no similar provision.
[[Page H9845]]
The Senate recedes.
The conferees agree that commanders of military
installations have an important responsibility for ensuring
safe, high quality housing for servicemembers and their
families living on such installations. The conferees intend
to watch closely how commanders and other senior officer and
enlisted personnel oversee the housing conditions on their
installations, including such conditions in military barracks
and dormitories.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs
Subtitle A--National Security Programs Authorizations
National Nuclear Security Administration (sec. 3101)
The Senate bill contained a provision (sec. 3101) that
would authorize appropriations for the National Nuclear
Security Administration for fiscal year 2020.
The House amendment contained a similar provision (sec.
3101).
The House recedes.
Defense environmental cleanup (sec. 3102)
The Senate bill contained a provision (sec. 3102) that
would authorize the appropriation of funds for the Department
of Energy's defense environmental cleanup activities.
The House amendment contained a similar provision (sec.
3102).
The House recedes.
Other defense activities (sec. 3103)
The Senate bill contained a provision (sec. 3103) that
would authorize appropriations for other defense activities
of the Department of Energy for fiscal year 2020.
The House amendment contained an identical provision (sec.
3103).
The conference agreement includes this provision.
Nuclear energy (sec. 3104)
The Senate bill contained a provision (sec. 3104) that
would authorize appropriations for certain nuclear energy
programs of the Department of Energy for fiscal year 2020.
The House amendment contained an identical provision (sec.
3104).
The conference agreement includes this provision.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Personnel matters at National Nuclear Security Administration
(sec. 3111)
The Senate bill contained a provision (sec. 3113) that
would remove the cap on the use of excepted service hiring
authority pursuant to section 3241 of the National Nuclear
Security Administration (NNSA) Act (50 U.S.C. 2441).
The House amendment contained a provision (sec. 3111) that
would raise the cap on the number of full-time equivalent
federal employees of the NNSA from 1,690 to 1,890, and modify
the reporting requirement contained in section 3241A(f) of
the NNSA Act relating to service support contracts of the
NNSA.
The Senate recedes with an amendment that would also raise
the cap on the use of excepted service hiring authority
pursuant to section 3241 from 600 to 800 employees.
Estimation of costs of meeting defense environmental cleanup
milestones required by consent orders (sec. 3112)
The Senate bill contained a provision (sec. 3121) that
would require the Secretary of Energy to submit, along with
the budget justification materials, a report on the cost of
meeting milestones required by a consent order at each
defense nuclear facility at which environmental cleanup
activities are taking place.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Office of Cost Estimating and Program Evaluation (sec. 3113)
The House amendment contained a provision (sec. 3112) that
would express the sense of Congress regarding the persistent
under-staffing of the Office of Cost Estimating and Program
Evaluation (CEPE) at the National Nuclear Security
Administration (NNSA). The provision would also require that
the Director of CEPE report directly to the Administrator of
the NNSA, and require the Administrator to provide a briefing
to the congressional defense committees on the plan to ensure
the full staffing of the office.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike the
sense of Congress.
Clarification of certain Stockpile Responsiveness Program
objectives (sec. 3114)
The House amendment contained a provision (sec. 3113) that
would clarify the objectives of the Stockpile Responsiveness
Program as defined in section 4220 of the Atomic Energy
Defense Act (50 U.S.C. 2538b).
The Senate bill contained no similar provision.
The Senate recedes.
Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded priorities
(sec. 3115)
The House amendment contained a provision (sec. 3117) that
would repeal the limitation on funds authorized to be
appropriated for travel and transportation within the Federal
salaries and expenses account at the National Nuclear
Security Administration until the Administrator for Nuclear
Security submits a report to the congressional defense
committees containing at least one unfunded priority pursuant
to section 4719 of the Atomic Energy Defense Act (50 U.S.C.
2756).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add a
requirement that, if the Administrator determines that there
are no unfunded priorities to include in the report, the
Administrator, without delegation, shall certify and explain
such determination to the congressional defense committees.
Modification to certain requirements relating to plutonium
pit production capacity (sec. 3116)
The Senate bill contained a provision (sec. 8102) that
would express the sense of the Senate that rebuilding
plutonium pit production infrastructure of the National
Nuclear Security Administration (NNSA) with a capacity of up
to 80 pits per year is critical to maintaining the viability
of the nuclear stockpile, and any further delay to achieving
this capability would be unacceptable. The provision would
also amend section 4219 of the Atomic Energy Defense Act (50
U.S.C. 2538a) to repeal the requirement for the NNSA to
demonstrate for 90 days by 2029 the capability to produce
pits at a rate sufficient to produce 80 pits per year, and
replace it with a requirement to produce no fewer than 80
pits per year in 2030.
The House amendment contained a provision (sec. 3114) that
would express the sense of Congress that the NNSA should
prioritize achieving production of 30 plutonium pits per year
at Los Alamos National Laboratory, and ensure that efforts to
design and construct a second site do not divert resources.
The provision would also amend section 4219 of the Atomic
Energy Defense Act to repeal the requirement for the 90-day
demonstration by 2029.
The House recedes with a technical amendment.
Annual certification of shipments to Waste Isolation Pilot
Plant (sec. 3117)
The House amendment contained a provision (sec. 3115) that
would extend the certification of shipments of waste to the
Waste Isolation Pilot Plant from a 3-year period to a 10-year
period.
The Senate bill contained no similar provision.
The Senate recedes.
Extension and modification of pilot program on unavailability
for overhead costs of amounts specified for laboratory-
directed research and development (sec. 3118)
The Senate bill contained a provision (sec. 3114) that
would make permanent the pilot program conducted under
section 3119 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) that temporarily
prohibited the use of laboratory-directed research and
development to cover general and administrative overhead
costs, including for nuclear weapons production facilities.
The House amendment contained a provision (sec. 3124) that
would express the sense of Congress that the Secretary of
Energy should ensure that the National Nuclear Security
Administration's laboratories, plants, and sites are operated
using generally accepted accounting best practices for
laboratory-, plant-, or site-directed research and
development. The provision would also require the
Administrator for Nuclear Security to submit to the
congressional defense committees a report assessing the pilot
program conducted under section 3119 of the National Defense
Authorization Act for Fiscal Year 2017.
The House recedes with an amendment that would extend the
pilot program conducted under section 3119 for an additional
year, and clarify the deadline for the report required by the
same section.
Modification to limitation on availability of funds for
acceleration of nuclear weapons dismantlement (sec. 3119)
The House amendment contained a provision (sec. 3116) that
would repeal section 3125 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
including the limitation on the maximum amount of funding
available in a fiscal year for nuclear weapons dismantlement
and disposition and the limitation on acceleration of
dismantlement activities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would, instead of
repealing section 3125, increase the limitation on
dismantlement funding in that section from $56.0 million to
$87.0 million.
Implementation of common financial reporting system for
nuclear security enterprise (sec. 3120)
The Senate bill contained a provision (sec. 8101) that
would prohibit obligation or expenditure of more than 90
percent of fiscal year 2020 funds for the National Nuclear
Security Administration's federal salaries and expenses
account for travel and transportation until the Administrator
for Nuclear Security completes implementation of the common
financial reporting system for the nuclear security
enterprise as required by section 3113(a) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328).
The House amendment contained no similar provision.
The House recedes.
[[Page H9846]]
Limitation relating to reclassification of high-level waste
(sec. 3121)
The House amendment contained a provision (sec. 3128) that
would provide that none of the funds authorized to be
appropriated by this Act, or otherwise made available for
fiscal year 2020 for the Department of Energy, may be
obligated or expended by the Secretary of Energy to apply the
interpretation of high-level radioactive waste described in
the ``Supplemental Notice Concerning U.S. Department of
Energy Interpretation of High-Level Radioactive Waste'' (84
Fed. Reg. 26835), or successor notice, with respect to such
waste located in the State of Washington.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
section (b) Rule of Construction.
The conferees note that the inclusion of the provision does
not prejudice how to process high-level waste nor does it
discourage the use of the Department of Energy's
interpretation of high-level waste in future years or at
other locations.
National Laboratory Jobs ACCESS Program (sec. 3122)
The House amendment contained a provision (sec. 3120) that
would authorize the Secretary of Energy to establish the
Department of Energy National Lab Jobs ACCESS Program.
The Senate bill contained no similar provision.
The Senate recedes with certain clarifying amendments.
Subtitle C--Reports and Other Matters
Civil penalties for violations of certain whistleblower
protections (sec. 3131)
The House amendment contained a provision (sec. 3127) that
would clarify civil penalties for violations of Department of
Energy whistleblower protections, especially for employees of
contractors or subcontractors of the National Nuclear
Security Administration.
The Senate bill contained no similar provision.
The Senate recedes with several technical amendments.
Repeal of assessments of adequacy of budget requests relating
to nuclear weapons stockpile (sec. 3132)
The Senate bill contained a provision (sec. 3122) that
would extend the suspension through fiscal year 2023 of the
requirement contained in section 3255 of the National Nuclear
Security Administration Act (50 U.S.C. 2455) for the
Comptroller General of the United States to review the budget
submission of the National Nuclear Security Administration.
The House amendment contained no similar provision.
The House recedes with an amendment that would repeal
section 3255 and the requirement for Comptroller General
review altogether.
The conferees note that, elsewhere in this Act, a similar
review requirement originally contained in section 1043 of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81) has been further extended through 2024.
Repeal of requirement for review relating to enhanced
procurement authority (sec. 3133)
The Senate bill contained a provision (sec. 3123) that
would terminate the requirement for the Comptroller General
of the United States to review the Secretary of Energy's
enhanced procurement authority after fiscal year 2019.
The House amendment contained no similar provision.
The House recedes.
The conferees note that the Comptroller General recently
completed a report required by the same subsection, entitled
``Nuclear Supply Chain: NNSA Should Notify Congress of Its
Recommendations to Improve the Enhanced Procurement
Authority'' (GAO-19-606R). According to the report, the
National Nuclear Security Administration (NNSA) has not used
the enhanced procurement authority since it was authorized in
2013, because of concerns related to the process. The sole
recommendation contained in the report is that the Secretary
of Energy and the Administrator of the NNSA formally
communicate to Congress their suggested changes to the
authority in a timely manner; the conferees urge the
Secretary and the Administrator to do so in time for
consideration in the fiscal year 2021 authorization process.
Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000 (sec. 3134)
The House amendment contained a provision (sec. 3126) that
would modify the duties of the Office of the Ombudsman of the
Department of Labor, and extend the Office through October
28, 2020. The provision would also make certain modifications
to the Advisory Board on Toxic Substances and Worker Health.
The Senate bill contained no similar provision.
The Senate recedes.
Replacement of W78 warhead (sec. 3135)
The House amendment contained a provision (sec. 3119) that
would require the Administrator for Nuclear Security to
conduct an analysis of alternatives with respect to replacing
the W78 warhead, including the technical risks and costs for
each option to replace the W78. The provision would require
the Director for Cost Estimating and Program Evaluation
(CEPE) at the National Nuclear Security Administration to
review the analysis. The provision would further require the
Administrator to submit a report on the W78 replacement,
including the analysis of alternatives and the CEPE review,
and would prohibit the obligation or expenditure of more than
75 percent of funds for this program until such report is
submitted. Finally, the provision would require the
Administrator to arrange for the JASON advisory group to
conduct a study on the W78 replacement, including an
assessment of the risks to certification and the need for
planned upgrades to the warhead.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would remove the
prohibition on obligation or expenditure of funds, and change
the analysis of alternatives to a report describing
alternatives previously considered, including any changes
since January 15, 2014, to the requirements for the program.
Independent review of capabilities for detection,
verification, and monitoring of nuclear weapons and
fissile material (sec. 3136)
The House amendment contained a provision (sec. 3121) that
would require the Secretary of Energy to enter into a
contract with the National Academy 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. The provision would require the
Secretary to submit the resulting study to the congressional
defense committees no later than 270 days from the date of
enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would modify some
elements of the study, and modify the required date of
submission to 1 year from the date of enactment of this Act.
Assessment of high energy density physics (sec. 3137)
The Senate bill contained a provision (sec. 3125) that
would require the Administrator for Nuclear Security to enter
into an arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct an assessment of the
current status of the field of high energy density physics.
The House amendment contained no similar provision.
The House recedes.
Determination of effect of treaty obligations with respect to
producing tritium (sec. 3138)
The Senate bill contained a provision (sec. 3124) that
would require the Secretary of Energy to determine whether
the Agreement for Cooperation on the Uses of Atomic Energy
for Mutual Defense Purposes, signed at Washington on July 3,
1958, permits obtaining uranium from the United Kingdom to
produce tritium for defense purposes using reactor
irradiation.
The House amendment contained no similar provision.
The House recedes.
Technical corrections to National Nuclear Security
Administration Act and Atomic Energy Defense Act (sec.
3139)
The Senate bill contained a provision (sec. 3111) that
would make certain technical corrections to the National
Nuclear Security Administration Act (50 U.S.C. Ch. 41) and
the Atomic Energy Defense Act (50 U.S.C. Ch. 42).
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
National Nuclear Security Administration Personnel System
The Senate bill contained a provision (sec. 3112) that
would make permanent the personnel demonstration project
carried out by the National Nuclear Security Administration
since 2008.
The House amendment contained no similar provision.
The Senate recedes.
Program for research and development of advanced naval
nuclear fuel system based on low-enriched uranium
The Senate bill contained a provision (sec. 3115) that
would prohibit the obligation or expenditure of any funds for
fiscal year 2020 or thereafter for the National Nuclear
Security Administration to conduct research and development
for an advanced naval nuclear fuel system based on low-
enriched uranium (LEU) unless the Secretary of Defense,
Secretary of Energy, and Secretary of the Navy submit certain
certifications to the congressional defense committees.
The House amendment contained a provision (sec. 3118) that
would require the Administrator for Nuclear Security to
establish a program to assess the viability of using LEU in
naval nuclear propulsion reactors, including reactors located
on aircraft carriers and submarines, that meet the
requirements of the Navy. The provision would require this
program to include down-blending of high-enriched uranium
(HEU) into LEU, manufacturing of candidate fuels, irradiation
tests and post-irradiation examination capabilities, and
modification or procurement of equipment and infrastructure
related to these activities. Finally, the provision would
require the Administrator to submit a plan to carry out this
program, including the funding requirements associated.
The House amendment also contained a provision (sec. 3122)
that would authorize to
[[Page H9847]]
be appropriated $20.0 million for low-enriched uranium
research and development within the defense nuclear
nonproliferation account.
The conference agreement does not include any of these
provisions.
Availability of amounts for denuclearization of Democratic
People's Republic of North Korea
The House amendment contained a provision (sec. 3123) that
would increase by $10.0 million the funding authorized for
defense nuclear nonproliferation to develop and prepare to
implement a monitoring and verification program for the
phased denuclearization of the Democratic People's Republic
of North Korea.
The Senate bill contained no similar provision.
The House recedes.
Funding for inertial confinement fusion ignition and high
yield program
The House amendment contained a provision (sec. 3125) that
would increase by $5.0 million the funding authorized for the
inertial confinement fusion ignition and high yield program,
facility operations and target production.
The Senate bill contained no similar provision.
The House recedes.
Title XXXII--Defense Nuclear Facilities Safety Board
Authorization (sec. 3201)
The Senate bill contained a provision (sec. 3201) that
would authorize funding for the Defense Nuclear Facilities
Safety Board at $29.5 million, consistent with the budget
request.
The House amendment contained an identical provision (sec.
3201).
The conference agreement includes this provision.
Improvements to Defense Nuclear Facilities Safety Board (sec.
3202)
The Senate bill contained a provision (sec. 3202) that
would establish an Executive Director for Operations at the
Defense Nuclear Facilities Safety Board. It would also
authorize the Chairman of the Board to organize the staff as
he considers appropriate to accomplish the mission, and
repeal a prohibition contained in section 311 of the Atomic
Energy Act of 1954 (42 U.S.C. 2286) on the Chairman's
withholding of information relating to management of the
Board from the other Board members.
The House amendment contained a provision (sec. 3202) that
would also establish an Executive Director for Operations and
specify that employee's role within the Board staff
structure. The provision would require the Board staff to
consist of the equivalent of between 110 and 130 full-time
employees. The provision would also clarify that the mission
of the Board includes provision of recommendations covering
adequate protection of employee health and safety at defense
nuclear facilities. The provision would also require the
Secretary of Energy to provide to the Board prompt and
unfettered access to facilities within its purview,
regardless of hazard or risk category of such facilities.
Finally, the provision would limit the ability of the
Secretary of Energy to deny information to Board staff, while
clarifying that the Board may not publicly disclose any
information that is otherwise protected from disclosure by
law.
The Senate recedes with amendments that would retain the
Senate bill's authorization for the Chairman to organize the
staff as he considers appropriate, and the repeal of the
prohibition on withholding information. The amendments would
also require that the Board employ no fewer than the
equivalent of 100 full-time employees in fiscal year 2020,
and clarify the Board's purview of defense nuclear
facilities. Finally, the amendments would require the
Secretary of Energy to provide written notification of any
denial of a written request for access made by the Board;
require the Board to provide biannual reports to Congress
enumerating requests for access that were denied by the
Secretary in the preceding 6 months; and require the
Secretary to provide biannual reports to Congress identifying
each request denied by the Secretary in the same period,
including the reason for such denials.
Membership of Defense Nuclear Facilities Safety Board (sec.
3203)
The Senate bill contained a provision (sec. 3203, as
modified by sec. 8202) that would require the National
Academy of Sciences to maintain a list of qualified
individuals for consideration for nomination to fill
vacancies on the Defense Nuclear Facilities Safety Board. The
provision would also prohibit Board members from serving on
expired terms, and prohibit Board members from being
nominated for two consecutive terms, unless the member was
confirmed by the Senate more than 2 years into the member's
first term; such changes would take effect on April 1, 2020.
Finally, the provision would include measures to encourage
the President to promptly submit nominations to fill vacant
seats.
The House amendment contained no similar provision.
The House recedes with amendments that would prohibit Board
members from serving on expired terms, unless the departure
of a member would result in the loss of a quorum for the
Board. The amendments would also modify the date of effect
from April 1, 2020, to 1 year from the date of enactment of
this Act.
Title XXXIV--Naval Petroleum Reserves
Authorization of Appropriations (sec. 3401)
The House amendment contained a provision (sec. 3401) that
would authorize funds for the purpose of carrying out
activities under chapter 869 of title 10, United States Code,
relating to the naval petroleum reserves.
The Senate bill contained no similar provision.
The Senate recedes.
Title XXXV--Maritime Matters
Subtitle A--Maritime Administration
Authorization of the Maritime Administration (sec. 3501)
The Senate bill contained a provision (sec. 8511) that
would authorize appropriations for certain aspects of the
Maritime Administration for fiscal year 2020.
The House amendment contained a similar provision (sec.
3501).
The House recedes with an amendment that would reduce the
amount of appropriations authorized for the Port and
Intermodal Improvement Program from $600.0 million to $500.0
million for fiscal year 2020. The amendment would also make
changes to the determination made by the Secretary of
Transportation as it relates to funds being used for fully
automated cargo handling equipment.
Reauthorization of Maritime Security Program (sec. 3502)
The House amendment contained a provision (sec. 3502) that
would authorize the Maritime Security Program until 2035. It
would authorize a stipend of $5.3 million for fiscal years
2022-2025, $5.8 million for fiscal years 2026-2028, $6.3
million for fiscal years 2029-2031, and $6.8 million for
fiscal years 2032-2035 for each of the 60 vessels in the
Maritime Security Program.
The Senate bill contained a similar provision (sec. 8512).
The Senate recedes.
Maritime technical assistance program (sec. 3503)
The Senate bill contained a provision (sec. 8522) that
would clarify that the Maritime Administrator shall act on
behalf of the Secretary of Transportation for the Maritime
Technical Assistance Program. The provision would also
broaden the scope of the existing program to include research
on propeller cavitation, U.S. maritime environmental
performance to meet international standards and guidelines,
and improve the efficiency and competitiveness of domestic
maritime industries.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Appointment of candidates attending sponsored preparatory
school (sec. 3504)
The Senate bill contained a provision (sec. 8514) that
would allow the Secretary of Transportation to appoint no
more than 40 qualified cadets per year who have successfully
met the terms and conditions of sponsorship at a sponsored
preparatory school during the previous academic year to the
U.S. Merchant Marine Academy.
The House amendment contained no similar provision.
The House recedes.
General support program (sec. 3505)
The Senate bill contained a provision (sec. 8516) that
would require the Secretary of Transportation to designate
State Maritime Academies as Centers of Excellence.
The House amendment contained no similar provision.
The House recedes with an amendment that would designate
the State Maritime Academies as American Maritime Centers of
Excellence.
Improvements to the maritime guaranteed loan program (sec.
3506)
The Senate amendment contained a provision (sec. 8525) that
would modify the Maritime Guaranteed Loan Program in certain
ways.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
requirement for a 45-day public comment period for
stakeholder input in the federal register prior to issuing
guidance for expedited consideration of applications for
maritime guaranteed loans.
Requirement for small shipyard grantees (sec. 3507)
The Senate bill contained a provision (sec. 8523) that
would prohibit funds from being obligated for the Maritime
Administration's Small Shipyard Grant Program unless the
articles, materials, and supplies purchased with grant funds
have been mined, produced, or manufactured in the United
States, subject to certain exceptions.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Salvage recoveries of cargoes (sec. 3508)
The Senate bill contained a provision (sec. 8518) that
would authorize a Federal entity to transfer funds to the
Secretary of Transportation when the Secretary has provided
for the use of Department of Transportation vessels,
services, or goods to a Federal, State, or local entity in
support of the salvage of federally owned cargoes.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow the
Secretary of Transportation to enter into reimbursable
agreements for the reimbursement of funds for
[[Page H9848]]
legal services related to the salvaging of federal cargoes.
Salvage recoveries for subrogated ownership of vessels and
cargoes (sec. 3509)
The Senate bill contained a provision (sec. 8519) that
would authorize the Secretary of Transportation to enter into
marine salvage agreements for the recoveries, sale, and
disposal of sunken or damaged vessels or property owned or
insured by the Maritime Administration or its predecessor
agencies.
The House amendment contained no similar provision.
The House recedes with an amendment that would allocate 50
percent of the proceeds from recoveries to Maritime Academies
for maintenance, repair, and modernization and 50 percent of
the proceeds to maritime heritage grants.
Maritime Occupational Safety and Health Advisory Committee
(sec. 3510)
The House bill contained a provision (sec. 3503) that would
amend section 7 of the Occupational Safety and Health Act of
1970 by establishing a Maritime Occupational Safety and
Health Advisory Committee to advise the Secretary of Labor on
issuing standards for the maritime industry.
The Senate bill contained no similar provision.
The Senate recedes.
Military to mariner (sec. 3511)
The Senate bill contained a provision (sec. 8517) that
would provide military to mariner transition assistance.
The House amendment contained a similar provision (sec.
3504).
The House recedes with a technical amendment.
Department of Transportation Inspector General Report (sec.
3512)
The Senate bill contained a provision (sec. 8513) that
would require the Department of Transportation Office of
Inspector General to conduct an audit and submit a report to
Congress on the Maritime Administration's actions to address
certain recommendations promulgated by the National Academy
of Public Administration in a report entitled ``Maritime
Administration: Defining its Mission, Aligning its Programs,
and Meeting its Objectives.''
The House amendment contained no similar provision.
The House recedes.
Independent study on the United States Merchant Marine
Academy (sec. 3513)
The Senate bill contained a provision (sec. 8515) that
would require the Maritime Administrator to enter into an
agreement with the National Academy of Public Administration
to produce a study on the U.S. Merchant Marine Academy.
The House amendment contained no similar provision.
The House recedes.
Port operations, research, and technology (sec. 3514)
The Senate bill contained a provision (sec. 8520) that
would amend section 50302 of title 46, United States Code.
This provision would establish a competitive grant program
for port and intermodal projects.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
certain requirements associated with eligible projects,
reduce the grant request amount for eligible projects covered
under the small project set aside, clarify the definition of
a port eligible for funding, and make technical changes.
Additionally, the amendment would amend section 533 of the
Coast Guard Authorization Act of 2015 (Public Law 114-120) to
allow the Coast Guard to complete certain remedial actions
required by section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (Public Law
96-510).
Assessment and report on strategic seaports (sec. 3515)
The Senate bill contained a provision (sec. 8521) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on port facilities used
for military purposes at designated strategic ports.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Technical corrections (sec. 3516)
The Senate bill contained a provision (sec. 8526) that
would direct the Director of the Office of Personnel
Management to identify key skills and competencies necessary
to maintain a balance of expertise in merchant marine
seagoing service and strategic sealift military service for
certain positions within the Office of the Commandant of the
U.S. Merchant Marine Academy. This section would also clarify
that criteria for participation in the Sea Year program
applies to both domestic and international vessels.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
United States Merchant Marine Academy sexual assault
prevention and response program (sec. 3517)
The Senate bill contained a provision (sec. 8527) that
would ensure the recommendations of the Inspector General of
the Department of Transportation's report on the
effectiveness of the Sexual Assault Prevention and Response
Program at the U.S. Merchant Marine Academy are implemented
within 180 days after the date of enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Report on vessels for emerging offshore energy infrastructure
(sec. 3518)
The Senate bill contained a provision (sec. 8528) that
would require the Secretary of Transportation, Secretary of
Energy, Secretary of the Interior, and the heads of other
relevant agencies to submit a report on the need to install,
operate, and maintain emergency offshore energy
infrastructure in vessels.
The House amendment contained no similar provision.
The House recedes with an amendment that would require the
report to be completed by the Comptroller General of the
United States and specify that vessels considered in this
report be documented under chapter 121 of title 46, United
States Code, and operated under U.S. coastwise laws.
Report on United States flagged fuel tanker vessel capacity
(sec. 3519)
The House amendment contained a provision (sec. 3511) that
would authorize a tanker security fleet program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
report on U.S.-flagged fuel tanker vessel capacity.
Subtitle B--Cable Security Fleet
Establishment of cable security fleet (sec. 3521)
The House amendment contained a provision (sec. 3521) that
would authorize a cable security fleet program.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--Maritime Safe Act
Short titles (sec. 3531)
The Senate bill contained a provision (sec. 8531) that
would name a subtitle, ``The Maritime Security and Fisheries
Enforcement (Maritime SAFE) Act.''
The House amendment contained no similar provision.
The House recedes.
Definitions (sec. 3532)
The Senate bill contained a provision (sec. 8532) that
would define several terms.
The House amendment contained no similar provision.
The House recedes.
Purposes (sec. 3533)
The Senate bill contained a provision (sec. 8533) that
would establish that the purposes of a subtitle are to
support a whole-of-government approach to combating illegal,
unregulated, and unreported fishing.
The House amendment contained no similar provision.
The House recedes.
Statement of policy (sec. 3534)
The Senate bill contained a provision (sec. 8534) that
would establish the policy of the United States to take
immediate action against illegal, unregulated, and unreported
fishing through diplomatic, military, development, and
economic tools.
The House amendment contained no similar provision.
The House recedes.
Part I--Programs To Combat IUU Fishing and Increase Maritime Security
Coordination with international organizations (sec. 3541)
The Senate bill contained a provision (sec. 8541) that
would direct the Departments of State and Commerce to
coordinate with Regional Fisheries Management Organizations,
the Food and Agriculture Organization of the United Nations,
and other relevant international organizations to enhance
regional responses to illegal, unregulated, and unreported
fishing and related illegal activity.
The House amendment contained no similar provision.
The House recedes.
Engagement of diplomatic missions of the United States (sec.
3542)
The Senate bill contained a provision (sec. 8542) that
would direct each chief of mission to a relevant country in
the priority region to convene a working group of
stakeholders to examine illegal, unregulated, and unreported
(IUU) fishing in the region and to designate a counter-IUU
Fishing Coordinator from among existing mission personnel, if
the Secretary of State determines such action is appropriate.
The House amendment contained no similar provision.
The House recedes.
Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag states (sec.
3543)
The Senate bill contained a provision (sec. 8543) that
would direct the Departments of State and Commerce to
evaluate opportunities to provide assistance in improving
countries' abilities to interdict individuals and vessels
engaged in illegal, unregulated, and unreported (IUU)
fishing, secure and inspect their ports, investigate and
prosecute IUU fishing cases, and securely share information
related to maritime enforcement and port security.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
[[Page H9849]]
Expansion of existing mechanisms to combat IUU fishing (sec.
3544)
The Senate bill contained a provision (sec. 8544) that
would direct relevant agencies to assess opportunities to
combat illegal, unregulated, and unreported (IUU) fishing
through the use or expansion of certain mechanisms.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Director of National Intelligence to develop an enterprise
approach to appropriately share information on IUU fishing
and other connected transnational organized illegal activity
occurring in priority regions and elsewhere.
Improvement of transparency and traceability programs (sec.
3545)
The Senate bill contained a provision (sec. 8545) that
would direct relevant agencies to work with priority flag
states and countries in priority regions to increase
knowledge about U.S. transparency and traceability standards
for imports of seafood and seafood products.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove
support for seafood traceability standards in foreign
countries.
Technology programs (sec. 3546)
The Senate bill contained a provision (sec. 8546) that
would direct relevant agencies to pursue programs to expand
the role of technology in combating illegal, unregulated, and
unreported fishing.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Savings clause (sec. 3547)
The Senate bill contained a provision (sec. 8547) that
would specify that no part of certain sections of this Act
shall impose any obligation on the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Part II--Establishment of Interagency Working Group on IUU Fishing
Interagency working group on IUU Fishing (sec. 3551)
The Senate bill contained a provision (sec. 8551) that
would establish a working group to produce an interagency
response on illegal, unregulated, and unreported fishing.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Strategic plan (sec. 3552)
The Senate bill contained a provision (sec. 8552) that
would require the illegal, unregulated, and unreported (IUU)
working group to submit to Congress a five-year integrated
strategic plan on combating the issues of IUU fishing.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Reports (sec. 3553)
The Senate bill contained a provision (sec. 8553) that
would require the working group on illegal, unregulated, and
unreported fishing to submit a report to specified committees
of the House of Representatives and the Senate.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Gulf of Mexico IUU Fishing Subworking Group (sec. 3554)
The Senate bill contained a provision (sec. 8554) that
would authorize the National Oceanic and Atmospheric
Administration, Coast Guard, and the Department of State to
establish a sub-working group to address illegal,
unregulated, and unreported fishing specifically in the Gulf
of Mexico.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
Finding (sec. 3561)
The Senate bill contained a provision (sec. 8561) that
would provide Congress's findings regarding the issue of
human trafficking on the importation of certain seafood
products into the United States.
The House amendment contained no similar provision.
The House recedes.
Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking (sec. 3562)
The Senate bill contained a provision (sec. 8562) that
would amend Section 105(b) of the Victims of Trafficking and
Violence Protection Act of 2000 to include the Secretary of
Commerce in section 7103(b) of title 22, United States Code.
The House amendment contained no similar provision.
The House recedes.
Human trafficking in the seafood supply chain report (sec.
3563)
The Senate bill contained a provision (sec. 8563) that
would require the Administrator of the National Oceanic and
Atmospheric Administration and the Commissioner of the Food
and Drug Administration to submit a report to Congress
detailing the existence of human trafficking in the supply
chain of the importation of seafood products to the United
States.
The House amendment contained no similar provision.
The House recedes.
Part IV--Authorization of Appropriations
Authorization of appropriations (sec. 3571)
The Senate bill contained a provision (sec. 8571) that
would require funding for certain programs be derived from
the amounts appropriated to relevant agencies.
The House amendment contained no similar provision.
The House recedes.
Accounting of funds (sec. 3572)
The Senate bill contained a provision (sec. 8572) that
would require each agency receiving or allocating funds to
carry out the activities under this subtitle to submit a
report to Congress providing an accounting of all funds made
available under this subtitle.
The House amendment contained no similar provision.
The House recedes.
legislative Provisions not adopted
Maritime Administration
The Senate bill contained a provision (sec. 3501) that
would authorize certain aspects of the Maritime
Administration. The Senate bill also contained a provision
(sec. 8500) that would strike section 3501.
The House amendment contained no similar provision.
The Senate recedes.
Short title
The Senate bill contained a provision (sec. 8501) that
would allow the Maritime Administration title to be cited as
the ``Maritime Authorization and Enhancement Act of 2019.''
The House amendment contained no similar provision.
The Senate recedes.
Improvement of National Oceanographic Partnership Program
The Senate bill contained a provision (sec. 8524) that
would provide for certain improvements to the National Ocean
Partnership Program.
The House amendment contained no similar provision.
The Senate recedes.
DIVISION D--FUNDING TABLES
Authorization of amounts in funding tables (sec. 4001)
The Senate bill contained a provision (sec. 4001) that
would provide for the allocation of funds among programs,
projects, and activities in accordance with the tables in
division D of this Act, subject to reprogramming guidance in
accordance with established procedures. Consistent with the
previously expressed views of the committee, the provision
would also require that decisions by an agency head to
commit, obligate, or expend funds to a specific entity on the
basis of such funding tables be based on authorized,
transparent, statutory criteria, or merit-based selection
procedures in accordance with the requirements of sections
2304(k) and 2374 of title 10, United States Code, and other
applicable provisions of law.
The House amendment contained an identical provision (sec.
4001).
The conference agreement includes this provision.
SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2020
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
Conference Conference
FY 2020 Request Change Authorized
----------------------------------------------------------------------------------------------------------------
DISCRETIONARY AUTHORIZATIONS WITHIN THE JURISDICTION OF THE ARMED SERVICES COMMITTEE
National Defense Funding, Base Budget Request
Function 051, Department of Defense-Military
[[Page H9850]]
Division A: Department of Defense Authorizations
Title I--Procurement
Aircraft Procurement, Army................................. 3,696,429 -24,954 3,671,475
Missile Procurement, Army.................................. 3,207,697 -154,469 3,053,228
Weapons & Tracked Combat Vehicles, Army.................... 4,715,566 153,411 4,868,977
Procurement of Ammunition, Army............................ 2,694,548 -115,199 2,579,349
Other Procurement, Army.................................... 7,451,301 -166,329 7,284,972
Aircraft Procurement, Navy................................. 18,522,204 439,612 18,961,816
Weapons Procurement, Navy.................................. 4,235,244 -127,339 4,107,905
Procurement of Ammunition, Navy & Marine Corps............. 981,314 -89,023 892,291
Shipbuilding & Conversion, Navy............................ 23,783,710 -193,658 23,590,052
Other Procurement, Navy.................................... 9,652,956 -350,857 9,302,099
Procurement, Marine Corps.................................. 3,090,449 -100,908 2,989,541
Aircraft Procurement, Air Force............................ 16,784,279 1,785,439 18,569,718
Missile Procurement, Air Force............................. 2,889,187 -19,250 2,869,937
Space Procurement, Air Force............................... 2,414,383 -5,000 2,409,383
Procurement of Ammunition, Air Force....................... 1,667,961 -50,200 1,617,761
Other Procurement, Air Force............................... 21,342,857 -39,823 21,303,034
Procurement, Defense-Wide.................................. 5,114,416 -85,689 5,028,727
Joint Urgent Operational Needs Fund........................ 99,200 -99,200 0
Subtotal, Title I--Procurement............................. 132,343,701 756,564 133,100,265
Title II--Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 12,192,771 -335,298 11,857,473
Research, Development, Test & Evaluation, Navy............. 20,270,499 -595,895 19,674,604
Research, Development, Test & Evaluation, Air Force........ 45,938,121 -353,378 45,584,743
Research, Development, Test & Evaluation, Defense-Wide..... 24,772,953 198,872 24,971,825
Operational Test & Evaluation, Defense..................... 221,200 0 221,200
Subtotal, Title II--Research, Development, Test and 103,395,544 -1,085,699 102,309,845
Evaluation................................................
Title III--Operation and Maintenance
Operation & Maintenance, Army.............................. 42,012,484 -1,854,198 40,158,286
Operation & Maintenance, Army Reserve...................... 3,029,110 -40,516 2,988,594
Operation & Maintenance, Army National Guard............... 7,629,403 -103,761 7,525,642
Operation & Maintenance, Navy.............................. 51,125,751 -1,174,187 49,951,564
Operation & Maintenance, Marine Corps...................... 7,926,724 -485,000 7,441,724
Operation & Maintenance, Navy Reserve...................... 1,125,116 -25,000 1,100,116
Operation & Maintenance, Marine Corps Reserve.............. 292,076 292,076
Operation & Maintenance, Air Force......................... 44,910,832 -1,504,566 43,406,266
Operation & Maintenance, Space Force....................... 72,436 72,436
Operation & Maintenance, Air Force Reserve................. 3,396,818 -40,500 3,356,318
Operation & Maintenance, Air National Guard................ 6,727,229 -70,000 6,657,229
Operation & Maintenance, Defense-Wide...................... 37,479,841 -557,168 36,922,673
US Court of Appeals for the Armed Forces, Defense.......... 14,771 14,771
DOD Acquisition Workforce Development Fund................. 400,000 400,000
Overseas Humanitarian, Disaster and Civic Aid.............. 108,600 9,063 117,663
Cooperative Threat Reduction............................... 338,700 20,000 358,700
Environmental Restoration, Army............................ 207,518 5,000 212,518
Environmental Restoration, Navy............................ 335,932 15,000 350,932
Environmental Restoration, Air Force....................... 302,744 63,064 365,808
Environmental Restoration, Defense......................... 9,105 9,105
Environmental Restoration, Formerly Used Sites............. 216,499 216,499
Subtotal, Title III--Operation and Maintenance............. 207,661,689 -5,742,769 201,918,920
Title IV--Military Personnel
Military Personnel Appropriations.......................... 143,476,503 -800,000 142,676,503
Medicare-Eligible Retiree Health Fund Contributions........ 7,816,815 7,816,815
Subtotal, Title IV--Military Personnel..................... 151,293,318 -800,000 150,493,318
Title XIV--Other Authorizations
Working Capital Fund, Army................................. 89,597 89,597
Working Capital Fund, Air Force............................ 92,499 92,499
Working Capital Fund, DECA................................. 995,030 995,030
Working Capital Fund, Defense-Wide......................... 49,085 49,085
[[Page H9851]]
Working Capital Fund, Defense Counterintelligence and 200,000 200,000
Security Fund.............................................
National Defense Sealift Fund.............................. 0 0
Chemical Agents & Munitions Destruction.................... 985,499 985,499
Drug Interdiction and Counter Drug Activities.............. 799,402 -18,000 781,402
Office of the Inspector General............................ 363,499 363,499
Defense Health Program..................................... 32,998,687 -283,650 32,715,037
Subtotal, Title XIV--Other Authorizations.................. 36,573,298 -301,650 36,271,648
Total, Division A: Department of Defense Authorizations.... 631,267,550 -7,173,554 624,093,996
Division B: Military Construction Authorizations
Military Construction
Army....................................................... 1,453,499 -182,500 1,270,999
Navy....................................................... 2,805,743 -30,782 2,774,961
Air Force.................................................. 2,179,230 -455,651 1,723,579
Defense-Wide............................................... 2,504,190 -236,595 2,267,595
NATO Security Investment Program........................... 144,040 144,040
Army National Guard........................................ 210,819 155,000 365,819
Army Reserve............................................... 60,928 60,928
Navy and Marine Corps Reserve.............................. 54,955 54,955
Air National Guard......................................... 165,971 55,500 221,471
Air Force Reserve.......................................... 59,750 24,800 84,550
Unaccompanied Housing Improvement Fund..................... 500 500
Subtotal, Military Construction............................ 9,639,625 -670,228 8,969,397
Family Housing
Construction, Army......................................... 141,372 5,000 146,372
Operation & Maintenance, Army.............................. 357,907 99,733 457,640
Construction, Navy and Marine Corps........................ 47,661 47,661
Operation & Maintenance, Navy and Marine Corps............. 317,870 114,333 432,203
Construction, Air Force.................................... 103,631 103,631
Operation & Maintenance, Air Force......................... 295,016 85,933 380,949
Operation & Maintenance, Defense-Wide...................... 57,000 57,000
Improvement Fund........................................... 3,045 3,045
Subtotal, Family Housing................................... 1,323,502 304,999 1,628,501
Base Realignment and Closure
Base Realignment and Closure--Army......................... 66,111 28,000 94,111
Base Realignment and Closure--Navy......................... 158,349 58,000 216,349
Base Realignment and Closure--Air Force.................... 54,066 28,000 82,066
Subtotal, Base Realignment and Closure..................... 278,526 114,000 392,526
Undistributed Adjustments
Prior Year Savings......................................... 0 -64,685 -64,685
Subtotal, Base Realignment and Closure..................... 0 -64,685 -64,685
Total, Division B: Military Construction Authorizations.... 11,241,653 -315,914 10,925,739
Total, 051, Department of Defense-Military................. 642,509,203 -7,489,468 635,019,735
Division C: Department of Energy National Security Authorization and Other Authorizations
Function 053, Atomic Energy Defense Activities
Environmental and Other Defense Activities
Nuclear Energy............................................. 137,808 137,808
Weapons Activities......................................... 12,408,603 36,177 12,444,780
Defense Nuclear Nonproliferation........................... 1,993,302 27,512 2,020,814
Naval Reactors............................................. 1,648,396 -15,000 1,633,396
Federal Salaries and Expenses.............................. 434,699 434,699
Defense Environmental Cleanup.............................. 5,506,501 21,231 5,527,732
Other Defense Activities................................... 1,035,339 -149,500 885,839
Defense Nuclear Waste Disposal............................. 26,000 -26,000 0
Subtotal, Environmental and Other Defense Activities....... 23,190,648 -105,580 23,085,068
[[Page H9852]]
Independent Federal Agency Authorization
Defense Nuclear Facilities Safety Board.................... 29,450 29,450
Subtotal, Independent Federal Agency Authorization......... 29,450 0 29,450
Subtotal, 053, Atomic Energy Defense Activities............ 23,220,098 -105,580 23,114,518
Function 054, Defense-Related Activities
Other Agency Authorizations
Maritime Security Program.................................. 300,000 300,000
Subtotal, Independent Federal Agency Authorization......... 300,000 0 300,000
Subtotal, 054, Defense-Related Activities.................. 300,000 0 300,000
Subtotal, Division C: Department of Energy National 23,520,098 -105,580 23,414,518
Security Authorization and Other Authorizations...........
Total, National Defense Funding, Base Budget Request....... 666,029,301 -7,595,048 658,434,253
National Defense Funding, Overseas Contingency Operations
Function 051, Department of Defense-Military
Procurement
Aircraft Procurement, Army................................. 381,541 381,541
Missile Procurement, Army.................................. 1,438,058 -11,500 1,426,558
Weapons & Tracked Combat Vehicles, Army.................... 353,454 353,454
Procurement of Ammunition, Army............................ 148,682 148,682
Other Procurement, Army.................................... 1,131,450 -55,403 1,076,047
Aircraft Procurement, Navy................................. 119,045 119,045
Weapons Procurement, Navy.................................. 97,466 97,466
Procurement of Ammunition, Navy & Marine Corps............. 204,814 204,814
Other Procurement, Navy.................................... 357,600 357,600
Procurement, Marine Corps.................................. 20,589 20,589
Aircraft Procurement, Air Force............................ 309,110 309,110
Missile Procurement, Air Force............................. 201,671 201,671
Procurement of Ammunition, Air Force....................... 939,433 939,433
Other Procurement, Air Force............................... 3,538,098 3,538,098
Procurement, Defense-Wide.................................. 447,047 -5,000 442,047
National Guard & Reserve Equipment......................... 265,000 265,000
Subtotal, Procurement...................................... 9,688,058 193,097 9,881,155
Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 204,124 -6,000 198,124
Research, Development, Test & Evaluation, Navy............. 164,410 164,410
Research, Development, Test & Evaluation, Air Force........ 128,248 128,248
Research, Development, Test & Evaluation, Defense-Wide..... 401,950 401,950
Subtotal, Research, Development, Test and Evaluation....... 898,732 -6,000 892,732
Operation and Maintenance
Operation & Maintenance, Army.............................. 18,772,938 1,326,048 20,098,986
Operation & Maintenance, Army Reserve...................... 37,592 37,592
Operation & Maintenance, Army National Guard............... 83,291 83,291
Afghanistan Security Forces Fund........................... 4,803,978 -300,000 4,503,978
Counter-ISIS Train and Equip Fund.......................... 1,045,000 -200,000 845,000
Operation & Maintenance, Navy.............................. 6,561,650 1,450,000 8,011,650
Operation & Maintenance, Marine Corps...................... 1,124,791 400,000 1,524,791
Operation & Maintenance, Navy Reserve...................... 23,036 23,036
Operation & Maintenance, Marine Corps Reserve.............. 8,707 8,707
Operation & Maintenance, Air Force......................... 9,396,379 1,150,000 10,546,379
Operation & Maintenance, Air Force Reserve................. 29,758 29,758
Operation & Maintenance, Air National Guard................ 176,909 176,909
Operation & Maintenance, Defense-Wide...................... 8,368,112 205,000 8,573,112
Ukraine Security Assistance................................ 300,000 300,000
Subtotal, Operation and Maintenance........................ 50,432,141 4,331,048 54,763,189
[[Page H9853]]
Military Personnel
Military Personnel Appropriations.......................... 4,485,808 4,485,808
Subtotal, Military Personnel............................... 4,485,808 0 4,485,808
Other Authorizations
Working Capital Fund, Army................................. 20,100 20,100
Drug Interdiction and Counter Drug Activities.............. 163,596 163,596
Office of the Inspector General............................ 24,254 24,254
Defense Health Program..................................... 347,746 347,746
Subtotal, Title XIV--Other Authorizations.................. 555,696 0 555,696
Military Construction
Army....................................................... 9,389,218 -9,252,288 136,930
Navy....................................................... 94,570 166,971 261,541
Air Force.................................................. 314,738 162,211 476,949
Defense-Wide............................................... 46,000 46,000
Subtotal, Military Construction............................ 9,844,526 -8,923,106 921,420
Subtotal, 051, Department of Defense-Military.............. 75,904,961 -4,404,961 71,500,000
Total, National Defense Funding, Overseas Contingency 75,904,961 -4,404,961 71,500,000
Operations Funding........................................
Total, National Defense.................................... 741,934,262 -12,000,009 729,934,253
MEMORANDUM: DISASTER RECOVERY AUTHORIZATIONS
Procurement................................................ 566,422 566,422
Research and Development................................... 114,496 114,496
Operations and Maintenance................................. 535,900 535,900
Military Construction...................................... 4,119,813 4,119,813
MEMORANDUM: NON-DEFENSE AUTHORIZATIONS
Title XIV--Armed Forces Retirement Home (Function 600)..... 64,300
Title XXXIV--Naval Petroleum and Oil Shale Reserves 14,000
(Function 270)............................................
MEMORANDUM: TRANSFER AUTHORITIES (NON-ADD)
Title X--General Transfer Authority........................ [4,000,000]
Title XV--Special Transfer Authority....................... [2,000,000]
MEMORANDUM: DEFENSE AUTHORIZATIONS NOT UNDER THE JURISDICTION OF THE ARMED SERVICES COMMITTEE (NON-ADD)
Defense Production Act..................................... [34,000] [34,000]
----------------------------------------------------------------------------------------------------------------
[[Page H9854]]
NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
FY 2020 Conference Conference
Request Change Authorized
----------------------------------------------------------------------------------------------------------------
Summary, Discretionary Authorizations Within the Jurisdiction of the Armed Services Committee
SUBTOTAL, DEPARTMENT OF DEFENSE (051)........................... 642,509,203 -7,489,468 635,019,735
SUBTOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053).................. 23,220,098 -105,580 23,114,518
SUBTOTAL, DEFENSE-RELATED ACTIVITIES (054)...................... 300,000 300,000
TOTAL, NATIONAL DEFENSE (050)--BASE BILL........................ 666,029,301 -7,595,048 658,434,253
TOTAL, OVERSEAS CONTINGENCY OPERATIONS.......................... 75,904,961 -4,404,961 71,500,000
GRAND TOTAL, NATIONAL DEFENSE................................... 741,934,262 -12,000,009 729,934,253
Scoring adjustments
Transfers to non-Defense budget functions already credited to -142,000 -142,000
050 by OMB.....................................................
Assumed reductions to previously enacted funding levels......... -25,000 -25,000
Adjustments for revised BCA caps................................ 10,000 10,000
Subtotal, Scoring Adjustments................................... -157,000 -157,000
Base National Defense Discretionary Programs that are Not In the Jurisdiction of the Armed Services Committee or
Do Not Require Additional Authorization (CBO Estimates)
Defense Production Act Purchases................................ 34,000 34,000
Indefinite Account: Disposal Of DOD Real Property............... 8,000 8,000
Indefinite Account: Lease Of DOD Real Property.................. 34,000 34,000
Subtotal, Budget Sub-Function 051............................... 76,000 76,000
Other Discretionary Programs.................................... 8,146,000 8,146,000
Subtotal, Budget Sub-Function 054............................... 8,146,000 8,146,000
Total Defense Discretionary Adjustments (050)................... 8,222,000 8,222,000
Budget Authority Implication, National Defense Discretionary
Department of Defense--Military (051)........................... 718,414,165 -11,894,429 706,519,735
Atomic Energy Defense Activities (053).......................... 23,220,098 -105,580 23,114,518
Defense-Related Activities (054)................................ 8,522,000 8,522,000
Total BA Implication, National Defense Discretionary............ 749,999,263 -12,000,009 737,999,253
National Defense Mandatory Programs, Current Law (CBO Baseline)
Concurrent receipt accrual payments to the Military Retirement 8,577,000 8,577,000
Fund...........................................................
Revolving, trust and other DOD Mandatory........................ 1,818,000 1,818,000
Offsetting receipts............................................. -1,869,000 -1,869,000
Subtotal, Budget Sub-Function 051............................... 8,526,000 8,526,000
Energy employees occupational illness compensation programs and 1,495,000 1,495,000
other..........................................................
Subtotal, Budget Sub-Function 053............................... 1,495,000 1,495,000
Radiation exposure compensation trust fund...................... 54,000 54,000
Payment to CIA retirement fund and other........................ 514,000 514,000
Subtotal, Budget Sub-Function 054............................... 568,000 568,000
Total National Defense Mandatory (050).......................... 10,589,000 10,589,000
Budget Authority Implication, National Defense Discretionary and Mandatory
Department of Defense--Military (051)........................... 726,940,165 -11,894,429 715,045,735
Atomic Energy Defense Activities (053).......................... 24,715,098 -105,580 24,609,518
Defense-Related Activities (054)................................ 9,090,000 9,090,000
Total BA Implication, National Defense Discretionary and 760,745,263 -12,000,009 748,745,253
Mandatory......................................................
Memorandum: Disaster Recovery Authorizations
Department of Defense--Military (051)........................... 0 5,336,631 5,336,631
----------------------------------------------------------------------------------------------------------------
[[Page H9855]]
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item --------------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT.... 1 16,000 -1 -16,000
Early to need....... [-1] [-16,000] [-1] [-16,000]
Program zeroed out [-1] [-16,000]
in FYDP.
004 RQ-11 (RAVEN)........... 23,510 21,510 23,510 -2,090 21,420
Unit cost growth.... [-2,000] [-2,090]
ROTARY
005 TACTICAL UNMANNED 12,100 12,100 12,100 -6,000 6,100
AIRCRAFT SYSTEM (TUAS).
Program reduction... [-6,000]
007 HELICOPTER, LIGHT 11,000 11,000 11,000
UTILITY (LUH).
Program increase for [11,000] [11,000]
sustainment
improvements.
008 AH-64 APACHE BLOCK IIIA 48 806,849 48 786,009 48 806,849 -8,064 48 798,785
REMAN.
Unjustified cost [-20,840] [-8,064]
growth.
009 AH-64 APACHE BLOCK IIIA 190,870 174,970 190,870 190,870
REMAN.
Unjustified cost [-15,900]
growth.
010 AH-64 APACHE BLOCK IIIB 3 105,000
NEW BUILD.
........................ [3] [105,000]
012 UH-60 BLACKHAWK M MODEL 73 1,411,540 73 1,411,540 66 1,271,540 -13,800 73 1,397,740
(MYP).
Funding ahead of [-7] [-140,000]
acquisition strategy.
Unit cost growth.... [-13,800]
013 UH-60 BLACKHAWK M MODEL 79,572 79,572 79,572 79,572
(MYP).
014 UH-60 BLACK HAWK L AND V 25 169,290 25 169,290 33 204,290 25 169,290
MODELS.
Increase fielding [8] [35,000]
for ARNG units.
015 CH-47 HELICOPTER........ 8 140,290 8 131,290 8 140,290 -9,000 8 131,290
Unit cost growth.... [-9,000] [-9,000]
016 CH-47 HELICOPTER........ 18,186 46,186 18,186 28,000 46,186
Advance procurement [28,000] [28,000]
for CH-47F Block II.
MODIFICATION OF AIRCRAFT
019 UNIVERSAL GROUND CONTROL 2,090 2,090 2,090 2,090
EQUIPMENT (UAS).
020 GRAY EAGLE MODS2........ 14,699 14,699 14,699 14,699
021 MULTI SENSOR ABN RECON 35,189 35,189 35,189 35,189
(MIP).
022 AH-64 MODS.............. 58,172 58,172 58,172 58,172
023 CH-47 CARGO HELICOPTER 11,785 6,785 11,785 11,785
MODS (MYP).
Unobligated balances [-5,000]
024 GRCS SEMA MODS (MIP).... 5,677 5,677 5,677 5,677
025 ARL SEMA MODS (MIP)..... 6,566 6,566 6,566 6,566
026 EMARSS SEMA MODS (MIP).. 3,859 3,859 3,859 3,859
027 UTILITY/CARGO AIRPLANE 15,476 13,476 15,476 -2,000 13,476
MODS.
Unit cost [-2,000] [-2,000]
discrepancy.
028 UTILITY HELICOPTER MODS. 6,744 6,744 6,744 6,744
029 NETWORK AND MISSION PLAN 105,442 98,442 105,442 -7,000 98,442
Cost growth......... [-7,000] [-7,000]
030 COMMS, NAV SURVEILLANCE. 164,315 164,315 164,315 164,315
032 GATM ROLLUP............. 30,966 30,966 30,966 30,966
033 RQ-7 UAV MODS........... 8,983 2 38,983 8,983 8,983
Program increase.... [2] [30,000]
034 UAS MODS................ 10,205 10,205 10,205 10,205
GROUND SUPPORT AVIONICS
035 AIRCRAFT SURVIVABILITY 52,297 52,297 52,297 52,297
EQUIPMENT.
036 SURVIVABILITY CM........ 8,388 8,388 8,388 8,388
037 CMWS.................... 13,999 13,999 13,999 13,999
038 COMMON INFRARED 168,784 168,784 168,784 168,784
COUNTERMEASURES (CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777 1,777 1,777
EQUIPMENT.
040 COMMON GROUND EQUIPMENT. 18,624 18,624 18,624 18,624
041 AIRCREW INTEGRATED 48,255 48,255 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL..... 32,738 32,738 32,738 32,738
044 LAUNCHER, 2.75 ROCKET... 2,201 2,201 2,201 2,201
045 LAUNCHER GUIDED MISSILE: 9 991 9 991 9 991 9 991
LONGBOW HELLFIRE XM2.
TOTAL AIRCRAFT 164 3,696,429 165 3,687,689 167 3,680,429 -1 -24,954 163 3,671,475
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
001 SYSTEM INTEGRATION AND 113,857 113,857 113,857 113,857
TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT... 17 103,800 17 56,800 17 103,800 -32,000 17 71,800
Early to need....... [-47,000] [-32,000]
003 MSE MISSILE............. 138 698,603 138 698,603 138 698,603 138 698,603
004 INDIRECT FIRE PROTECTION 9,337 9,337 239,237 9,337
CAPABILITY INC 2-I.
Full funding of Iron [229,900]
Dome battery.
005A THAAD................... 37 425,900
THAAD program [37] [425,900]
transfer from MDA.
AIR-TO-SURFACE MISSILE
SYSTEM
006 HELLFIRE SYS SUMMARY.... 1,870 193,284 1,870 173,284 1,870 193,284 -7,200 1,870 186,084
[[Page H9856]]
Unit cost growth.... [-20,000] [-7,200]
007 JOINT AIR-TO-GROUND MSLS 609 233,353 609 198,353 609 233,353 -34,058 609 199,295
(JAGM).
Contract and [-35,000] [-34,058]
schedule delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) SYSTEM 672 138,405 672 138,405 672 138,405 672 138,405
SUMMARY.
009 TOW 2 SYSTEM SUMMARY.... 1,460 114,340 1,460 110,340 1,460 114,340 -6,382 1,460 107,958
Unit cost growth.... [-4,000] [-6,382]
010 TOW 2 SYSTEM SUMMARY.... 10,500 10,500 10,500 10,500
011 GUIDED MLRS ROCKET 6,489 797,213 6,489 767,213 6,489 797,213 -30,000 6,489 767,213
(GMLRS).
Program adjustment.. [-30,000] [-30,000]
012 MLRS REDUCED RANGE 2,982 27,555 2,982 27,555 2,982 27,555 2,982 27,555
PRACTICE ROCKETS (RRPR).
014 ARMY TACTICAL MSL SYS 146 209,842 146 184,842 146 209,842 -39,829 146 170,013
(ATACMS)--SYS SUM.
Excess to need...... [-25,000] [-39,829]
MODIFICATIONS
016 PATRIOT MODS............ 279,464 279,464 279,464 279,464
017 ATACMS MODS............. 85,320 80,320 85,320 -5,000 80,320
Unit cost growth.... [-5,000] [-5,000]
018 GMLRS MOD............... 5,094 5,094 5,094 5,094
019 STINGER MODS............ 81,615 81,615 81,615 81,615
020 AVENGER MODS............ 14,107 14,107 14,107 14,107
021 ITAS/TOW MODS........... 3,469 3,469 3,469 3,469
022 MLRS MODS............... 39,019 39,019 39,019 39,019
023 HIMARS MODIFICATIONS.... 12,483 12,483 12,483 12,483
SPARES AND REPAIR PARTS
024 SPARES AND REPAIR PARTS. 26,444 26,444 26,444 26,444
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS..... 10,593 10,593 10,593 10,593
TOTAL MISSILE 14,383 3,207,697 14,383 3,041,697 14,420 3,863,497 -154,469 14,383 3,053,228
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT VEHICLES
002 ARMORED MULTI PURPOSE 65 264,040 65 259,040 65 264,040 -33,733 65 230,307
VEHICLE (AMPV).
Program reduction... [-5,000] [-33,733]
MODIFICATION OF TRACKED
COMBAT VEHICLES
003 STRYKER (MOD)........... 144,387 393,587 393,587 249,200 393,587
Accelerate Stryker [249,200] [249,200]
medium caliber
weapon system--Army
unfunded priority.
UPL Stryker [249,200]
lethality 30 mm
cannon.
004 STRYKER UPGRADE......... 152 550,000 152 550,000 152 550,000 -27,038 152 522,962
Unit cost growth.... [-27,038]
005 BRADLEY PROGRAM (MOD)... 638,781 546,781 598,781 -65,000 573,781
Excess to need due [-40,000]
to termination of
subprogram.
Program decrease.... [-27,000] [-65,000]
Program delay....... [-65,000]
006 M109 FOV MODIFICATIONS.. 25,756 25,756 25,756 25,756
007 PALADIN INTEGRATED 53 553,425 53 553,425 53 553,425 53 553,425
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD).... 2,821 2,821 2,821 2,821
010 ASSAULT BREACHER VEHICLE 6 31,697 6 31,697 6 31,697 6 31,697
011 M88 FOV MODS............ 4,500 4,500 4,500 4,500
012 JOINT ASSAULT BRIDGE.... 44 205,517 44 205,517 44 205,517 44 205,517
013 M1 ABRAMS TANK (MOD).... 348,800 408,800 348,800 53,000 401,800
Test support excess [-7,000]
to need.
Vehicle protection [60,000] [60,000]
system for one
armored brigade.
014 ABRAMS UPGRADE PROGRAM.. 165 1,752,784 165 1,752,784 165 1,717,784 165 1,752,784
Early to need....... [-35,000]
WEAPONS & OTHER COMBAT
VEHICLES
016 MULTI-ROLE ANTI-ARMOR 19,420 19,420 19,420 19,420
ANTI-PERSONNEL WEAPONS.
017 GUN AUTOMATIC 30MM M230. 20,000 20,000 20,000 -14,958 5,042
Program reduction... [-14,958]
019 MORTAR SYSTEMS.......... 14,907 14,907 14,907 14,907
020 XM320 GRENADE LAUNCHER 191 191 191 191
MODULE (GLM).
021 PRECISION SNIPER RIFLE.. 7,977 7,977 7,977 7,977
022 COMPACT SEMI-AUTOMATIC 9,860 9,860 9,860 9,860
SNIPER SYSTEM.
023 CARBINE................. 30,331 30,331 30,331 30,331
024 SMALL ARMS--FIRE CONTROL 8,060 60 8,060 -8,060
Late contract award. [-8,000] [-8,060]
025 COMMON REMOTELY OPERATED 24,007 24,007 24,007 24,007
WEAPONS STATION.
026 HANDGUN................. 6,174 6,174 6,174 6,174
MOD OF WEAPONS AND OTHER
COMBAT VEH
028 MK-19 GRENADE MACHINE 3,737 3,737 3,737 3,737
GUN MODS.
029 M777 MODS............... 2,367 2,367 2,367 2,367
030 M4 CARBINE MODS......... 17,595 17,595 17,595 17,595
033 M240 MEDIUM MACHINE GUN 8,000 8,000 8,000 8,000
MODS.
034 SNIPER RIFLES 2,426 2,426 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS...... 6,269 6,269 6,269 6,269
036 MORTAR MODIFICATION..... 1,693 1,693 1,693 1,693
037 MODIFICATIONS LESS THAN 4,327 4,327 4,327 4,327
$5.0M (WOCV-WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066 3,066 3,066
(WOCV-WTCV).
[[Page H9857]]
039 PRODUCTION BASE SUPPORT 2,651 2,651 2,651 2,651
(WOCV-WTCV).
TOTAL PROCUREMENT 485 4,715,566 485 4,919,766 485 4,889,766 153,411 485 4,868,977
OF W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES.. 68,949 63,949 68,949 -3,429 65,520
Prior-year carryover [-5,000] [-3,429]
002 CTG, 7.62MM, ALL TYPES.. 114,228 111,228 114,228 -2,000 112,228
Prior-year carryover [-3,000] [-2,000]
003 CTG, HANDGUN, ALL TYPES. 17,807 12,807 17,807 17,807
Program adjustment.. [-5,000]
004 CTG, .50 CAL, ALL TYPES. 63,966 63,966 63,966 63,966
005 CTG, 20MM, ALL TYPES.... 35,920 27,920 35,920 -8,000 27,920
Unit cost growth.... [-8,000] [-8,000]
006 CTG, 25MM, ALL TYPES.... 8,990 8,990 8,990 8,990
007 CTG, 30MM, ALL TYPES.... 68,813 57,229 68,813 -3,476 65,337
Prior-year carry [-1,134] [-1,134]
over.
Program adjustment.. [-10,450] [-2,342]
008 CTG, 40MM, ALL TYPES.... 103,952 103,952 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES.. 50,580 49,580 50,580 -1,000 49,580
Unit cost [-1,000] [-1,000]
discrepancy.
010 81MM MORTAR, ALL TYPES.. 59,373 44,673 59,373 -14,700 44,673
Contract delays..... [-14,700] [-14,700]
011 120MM MORTAR, ALL TYPES. 125,452 123,452 125,452 -2,000 123,452
Unit cost growth.... [-2,000] [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 105MM 171,284 113,084 171,284 -50,820 120,464
AND 120MM, ALL TYPES.
Unit cost growth.... [-58,200] [-50,820]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675 44,675 44,675
75MM & 105MM, ALL TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 441 57,434 441 57,434 441 57,434 441 57,434
RANGE M982.
016 ARTILLERY PROPELLANTS, 271,602 265,602 271,602 -3,580 268,022
FUZES AND PRIMERS, ALL.
Cost growth and [-6,000] [-3,580]
unjustified product
improvements.
MINES
017 MINES & CLEARING 55,433 39,433 55,433 -16,194 39,239
CHARGES, ALL TYPES.
Contract delay...... [-16,000] [-16,194]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994 175,994 -10,000 165,994
TYPES.
Excess support costs [-10,000] [-10,000]
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES...... 7,595 7,595 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES..... 40,592 40,592 40,592 40,592
023 SIGNALS, ALL TYPES...... 18,609 18,609 18,609 18,609
024 SIMULATORS, ALL TYPES... 16,054 16,054 16,054 16,054
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 5,261 5,261 5,261 5,261
TYPES.
026 NON-LETHAL AMMUNITION, 715 715 715 715
ALL TYPES.
027 ITEMS LESS THAN $5 9,213 9,213 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492 18,492 18,492
TRANSPORTATION (AMMO).
030 CLOSEOUT LIABILITIES.... 99 99 99 99
PRODUCTION BASE SUPPORT
031 INDUSTRIAL FACILITIES... 474,511 474,511 474,511 474,511
032 CONVENTIONAL MUNITIONS 202,512 202,512 202,512 202,512
DEMILITARIZATION.
033 ARMS INITIATIVE......... 3,833 3,833 3,833 3,833
TOTAL PROCUREMENT 441 2,694,548 441 2,554,064 441 2,694,548 -115,199 441 2,579,349
OF AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/DOLLY 12,993 12,993 12,993 12,993
SETS.
002 SEMITRAILERS, FLATBED:.. 102,386 102,386 102,386 102,386
003 AMBULANCE, 4 LITTER, 5/4 127,271 127,271 127,271 127,271
TON, 4X4.
004 GROUND MOBILITY VEHICLES 37,038 35,038 37,038 -2,000 35,038
(GMV).
Unit cost growth.... [-2,000] [-2,000]
006 JOINT LIGHT TACTICAL 2,530 996,007 2,530 976,507 2,530 956,507 -19,500 2,530 976,507
VEHICLE.
Army requested [-4,500]
realignment.
Army requested [-4,500] [-4,500]
transfer to RDTE, A
line 169.
Early to need....... [-35,000]
Simulator delay..... [-15,000] [-15,000]
007 TRUCK, DUMP, 20T (CCE).. 10,838 10,838 10,838 10,838
008 FAMILY OF MEDIUM 72,057 138,057 72,057 66,000 138,057
TACTICAL VEH (FMTV).
Program increase.... [66,000] [66,000]
009 FIRETRUCKS & ASSOCIATED 28,048 28,048 28,048 28,048
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY TACTICAL 9,969 9,969 9,969 9,969
VEHICLES (FHTV).
011 PLS ESP................. 6,280 6,280 6,280 6,280
[[Page H9858]]
012 HVY EXPANDED MOBILE 30,841 131,841 30,841 64,344 95,185
TACTICAL TRUCK EXT SERV.
Program increase.... [101,000] [64,344]
013 HMMWV RECAPITALIZATION 5,734 5,734 5,734 5,734
PROGRAM.
014 TACTICAL WHEELED VEHICLE 45,113 45,113 45,113 45,113
PROTECTION KITS.
015 MODIFICATION OF IN SVC 58,946 58,946 58,946 58,946
EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE... 791 791 791 791
018 PASSENGER CARRYING 1,416 1,416 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 148,933 153,933 -10,000 143,933
PROGRAM.
Excess funding for [-5,000] [-10,000]
spares.
022 TACTICAL NETWORK 387,439 411,439 387,439 24,000 411,439
TECHNOLOGY MOD IN SVC.
ITN-M for one [24,000] [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189 101,189 101,189
WIDEBAND SATCOM SYSTEMS.
029 TRANSPORTABLE TACTICAL 77,141 77,141 77,141 77,141
COMMAND COMMUNICATIONS.
030 SHF TERM................ 16,054 16,054 16,054 16,054
031 ASSURED POSITIONING, 41,074 24,914 41,074 -7,400 33,674
NAVIGATION AND TIMING.
Contract delays..... [-28,760]
Program cancellation [-7,400] [-7,400]
Program increase.... [20,000]
032 SMART-T (SPACE)......... 10,515 10,515 10,515 10,515
033 GLOBAL BRDCST SVC--GBS.. 11,800 11,800 11,800 11,800
034 ENROUTE MISSION COMMAND 8,609 8,609 8,609 8,609
(EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 77,533 77,533 -20,000 57,533
INFRASTRUCTURE (TSI).
Program reduction... [-20,000]
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK SMALL 468,026 468,026 468,026 20,000 488,026
FORM FIT (HMS).
Program delay....... [-25,000]
SFAB technology [25,000] [20,000]
refresh.
040 RADIO TERMINAL SET, MIDS 23,778 23,778 23,778 23,778
LVT(2).
044 SPIDER FAMILY OF 10,930 10,930 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE... 9,291 8,291 9,291 9,291
Excess program [-1,000]
management costs.
047 COTS COMMUNICATIONS 55,630 55,630 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM FOR 16,590 16,590 16,590 16,590
COMBAT CASUALTY CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE COMM
051 CI AUTOMATION 10,470 10,470 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS.... 1,000 1,000 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600 3,600 3,600
SECURITY PROGRAM-ISSP.
055 COMMUNICATIONS SECURITY 160,899 141,899 160,899 -13,802 147,097
(COMSEC).
Unit cost growth.... [-19,000] [-13,802]
056 DEFENSIVE CYBER 61,962 61,962 61,962 61,962
OPERATIONS.
057 INSIDER THREAT PROGRAM-- 756 756 756 756
UNIT ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 26,770 31,770 31,770
COMMUNICATIONS.
Insufficient budget [-5,000]
justification.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS..... 159,009 139,009 159,009 159,009
Unjustified growth.. [-15,000]
Unjustified growth [-5,000]
in SRM HW.
061 EMERGENCY MANAGEMENT 4,854 4,854 4,854 4,854
MODERNIZATION PROGRAM.
062 HOME STATION MISSION 47,174 47,174 47,174 47,174
COMMAND CENTERS (HSMCC).
063 INSTALLATION INFO 297,994 234,590 297,994 -32,500 265,494
INFRASTRUCTURE MOD
PROGRAM.
Insufficient budget [-50,000] [-32,500]
justification.
Program decrease.... [-13,404]
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)........ 7,686 7,686 7,686 7,686
068 DCGS-A (MIP)............ 180,350 180,350 180,350 180,350
070 TROJAN (MIP)............ 17,368 17,368 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & MANAGEMENT 7,568 7,568 7,568 7,568
TOOLS (EWPMT).
079 AIR VIGILANCE (AV) (MIP) 8,953 8,953 8,953 8,953
081 MULTI-FUNCTION 6,420 6,420 6,420 -3,200 3,220
ELECTRONIC WARFARE
(MFEW) SYST.
Program reduction... [-3,200]
083 COUNTERINTELLIGENCE/ 501 501 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION (MIP).. 121 121 121 121
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........... 115,210 114,210 115,210 -1,000 114,210
[[Page H9859]]
Excess support costs [-1,000] [-1,000]
086 NIGHT VISION DEVICES.... 236,604 160,604 236,604 -76,225 160,379
Insufficient [-76,000] [-76,225]
justification (IVAS).
088 SMALL TACTICAL OPTICAL 22,623 22,623 22,623 22,623
RIFLE MOUNTED MLRF.
090 INDIRECT FIRE PROTECTION 29,127 29,127 29,127 29,127
FAMILY OF SYSTEMS.
091 FAMILY OF WEAPON SIGHTS 120,883 81,541 120,883 -39,342 81,541
(FWS).
Excess unit cost [-39,342] [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 240,167 265,667 -9,100 256,567
PLATFORM (JBC-P).
Program adjustment.. [-25,500] [-9,100]
095 JOINT EFFECTS TARGETING 69,720 44,720 69,720 -25,000 44,720
SYSTEM (JETS).
Program delay....... [-25,000] [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000 10,000 10,000
SYSTEMS MODIFICATIONS.
100 COUNTERFIRE RADARS...... 16,416 16,416 13 78,916 16,416
UPL Retrofits [13] [62,500]
systems with GaN
tech for ER.
ELECT EQUIP--TACTICAL C2
SYSTEMS
102 FIRE SUPPORT C2 FAMILY.. 13,197 13,197 13,197 13,197
103 AIR & MSL DEFENSE 24,730 24,730 24,730 24,730
PLANNING & CONTROL SYS.
104 IAMD BATTLE COMMAND 29,629 29,629 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL SYSTEM 260 260 260 260
(MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL AND 18,674 18,674 -10,000 8,674
PAY SYSTEM-ARMY (IPP.
Poor business [-18,674] [-10,000]
process
reengineering.
110 RECONNAISSANCE AND 11,000 11,000 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC EQUIPMENT 7,317 15,317 7,317 8,000 15,317
(ENFIRE).
Program increase-- [8,000] [8,000]
land surveying
systems.
ELECT EQUIP--AUTOMATION
112 ARMY TRAINING 14,578 14,578 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342 147,342 -10,000 129,342
PROCESSING EQUIP.
JIOCEUR at RAF [8,000]
Molesworth.
Program decrease.... [-5,000] [-5,000]
Unjustified growth.. [-5,000] [-5,000]
114 GENERAL FUND ENTERPRISE 15,802 15,802 15,802 15,802
BUSINESS SYSTEMS FAM.
115 HIGH PERF COMPUTING MOD 67,610 67,610 67,610 67,610
PGM (HPCMP).
116 CONTRACT WRITING SYSTEM. 15,000 15,000 -9,000 6,000
Program duplication. [-15,000] [-9,000]
117 CSS COMMUNICATIONS...... 24,700 24,700 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879 27,879 27,879
AUTOMATION SYS (RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000 5,000 5,000
(SURVEYING EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 22,302 22,302 -12,000 10,302
TECHNOLOGIES.
Program reduction... [-12,000]
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS..... 11,910 11,910 11,910 11,910
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE............ 25,828 25,828 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING....... 59,821 57,821 59,821 -2,000 57,821
Contract delays..... [-2,000] [-2,000]
129 TACTICAL BRIDGE, FLOAT- 57,661 57,661 57,661 57,661
RIBBON.
130 BRIDGE SUPPLEMENTAL SET. 17,966 17,966 17,966 17,966
131 COMMON BRIDGE 43,155 43,155 43,155 43,155
TRANSPORTER (CBT) RECAP.
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570 7,570 7,570
MINEFIELD DETECTION SYS-
HST.
133 GRND STANDOFF MINE 37,025 37,025 37,025 37,025
DETECTN SYSM (GSTAMIDS).
135 HUSKY MOUNTED DETECTION 83,082 54,082 83,082 -35,183 47,899
SYSTEM (HMDS).
Unjustified unit [-29,000] [-35,183]
cost growth.
136 ROBOTIC COMBAT SUPPORT 2,000 2,000 2,000 2,000
SYSTEM (RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115 23,115 23,115
RECAPITALIZATION.
138 ROBOTICS AND APPLIQUE 101,056 101,056 113,856 101,056
SYSTEMS.
Army requested [12,800]
realignment.
140 RENDER SAFE SETS KITS 18,684 18,684 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245 8,245 -2,000 6,245
MOTORS.
Unit cost growth.... [-2,000] [-2,000]
COMBAT SERVICE SUPPORT
EQUIPMENT
143 HEATERS AND ECU'S....... 7,336 7,336 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281 4,281 4,281
SUPPORT SYSTEM (PRSS).
146 GROUND SOLDIER SYSTEM... 111,955 111,955 111,955 111,955
147 MOBILE SOLDIER POWER.... 31,364 29,364 31,364 -1,421 29,943
Unit cost growth.... [-2,000] [-1,421]
149 FIELD FEEDING EQUIPMENT. 1,673 1,673 1,673 1,673
150 CARGO AERIAL DEL & 43,622 43,622 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451 11,451 11,451
AND CONSTRUCTION SETS.
152 ITEMS LESS THAN $5M (ENG 5,167 5,167 5,167 5,167
SPT).
[[Page H9860]]
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT MEDICAL.. 68,225 68,225 68,225 68,225
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608 5,608 5,608
(MAINT EQ).
CONSTRUCTION EQUIPMENT
161 HYDRAULIC EXCAVATOR..... 500 500 500 500
162 TRACTOR, FULL TRACKED... 4,835 4,835 4,835 4,835
163 ALL TERRAIN CRANES...... 23,936 23,936 23,936 23,936
164 HIGH MOBILITY ENGINEER 27,188 27,188 27,188 27,188
EXCAVATOR (HMEE).
166 CONST EQUIP ESP......... 34,790 34,790 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP..... 35,194 35,194 35,194 35,194
169 MANEUVER SUPPORT VESSEL 14,185 14,185 14,185 14,185
(MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC POWER 14,814 14,814 14,814 14,814
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS..... 14,864 14,864 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING CENTERS 123,411 123,411 123,411 123,411
SUPPORT.
175 TRAINING DEVICES, 220,707 220,707 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749 20,749 -5,000 15,749
ENVIRONMENT (STE).
Program adjustment.. [-5,000] [-5,000]
178 AVIATION COMBINED ARMS 4,840 4,840 4,840 4,840
TACTICAL TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980 76,980 76,980
TEST EQUIPMENT (IFTE).
182 TEST EQUIPMENT 16,415 13,415 16,415 -3,000 13,415
MODERNIZATION (TEMOD).
Historical [-3,000] [-3,000]
underexecution.
OTHER SUPPORT EQUIPMENT
184 RAPID EQUIPPING SOLDIER 9,877 9,877 9,877 9,877
SUPPORT EQUIPMENT.
185 PHYSICAL SECURITY 82,158 82,158 82,158 82,158
SYSTEMS (OPA3).
186 BASE LEVEL COMMON 15,340 15,340 15,340 15,340
EQUIPMENT.
187 MODIFICATION OF IN-SVC 50,458 50,458 50,458 50,458
EQUIPMENT (OPA-3).
189 BUILDING, PRE-FAB, 14,400 14,400 14,400 14,400
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 9,821 9,821 9,821 9,821
USER TESTING.
OPA2
192 INITIAL SPARES--C&E..... 9,757 9,757 9,757 9,757
TOTAL OTHER 2,530 7,451,301 2,530 7,279,395 2,543 7,461,427 -166,329 2,530 7,284,972
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 24 1,748,934 24 1,730,934 24 1,748,934 -18,574 24 1,730,360
HORNET.
ECO and ancillary [-18,000] [-18,574]
equipment excess
growth.
002 F/A-18E/F (FIGHTER) 55,128 51,128 55,128 -3,948 51,180
HORNET.
Excess engine cost [-4,000] [-3,948]
growth.
003 JOINT STRIKE FIGHTER CV. 20 2,272,301 20 2,162,301 22 2,487,301 -54,480 20 2,217,821
Target cost savings. [-110,000] [-54,480]
UPL USMC additional [2] [215,000]
quantities.
004 JOINT STRIKE FIGHTER CV. 339,053 339,053 339,053 339,053
005 JSF STOVL............... 10 1,342,035 10 1,256,035 12 1,591,135 -75,734 10 1,266,301
Target cost savings. [-86,000] [-75,734]
UPL USMC additional [2] [249,100]
quantities.
006 JSF STOVL............... 291,804 291,804 291,804 291,804
007 CH-53K (HEAVY LIFT)..... 6 807,876 6 807,876 6 807,876 6 807,876
008 CH-53K (HEAVY LIFT)..... 215,014 215,014 215,014 215,014
009 V-22 (MEDIUM LIFT)...... 10 966,666 14 1,184,766 10 966,666 4 248,100 14 1,214,766
Program increase.... [4] [248,100] [4] [248,100]
Support cost growth. [-30,000]
010 V-22 (MEDIUM LIFT)...... 27,104 27,104 27,104 27,104
011 H-1 UPGRADES (UH-1Y/AH- 62,003 62,003 62,003 -9,000 53,003
1Z).
Production line [-9,000]
shutdown excess to
need.
013 MH-60R (MYP)............ 894 894 894 894
014 P-8A POSEIDON........... 6 1,206,701 9 1,636,601 6 1,206,701 3 473,900 9 1,680,601
Contract [-42,900]
negotiations savings.
Line shutdown costs [-68,400] [-67,300]
early to need.
Navy unfunded [3] [541,200] [3] [541,200]
priority.
016 E-2D ADV HAWKEYE........ 4 744,484 5 896,784 4 744,484 1 155,800 5 900,284
GFE excess cost [-3,500]
growth.
Navy unfunded [1] [173,000] [1] [173,000]
priority.
NRE excess cost [-17,200] [-17,200]
growth.
017 E-2D ADV HAWKEYE........ 190,204 190,204 190,204 190,204
TRAINER AIRCRAFT
019 ADVANCED HELICOPTER 32 261,160 32 261,160 32 261,160 32 261,160
TRAINING SYSTEM.
[[Page H9861]]
OTHER AIRCRAFT
020 KC-130J................. 3 240,840 3 221,840 3 240,840 -18,936 3 221,904
Unit cost growth.... [-19,000] [-18,936]
021 KC-130J................. 66,061 66,061 66,061 66,061
022 F-5..................... 22 39,676 22 39,676 22 39,676
Program cancellation [-22] [-39,676]
023 MQ-4 TRITON............. 2 473,134 2 448,134 2 473,134 -25,000 2 448,134
PGSE excess cost [-25,000] [-25,000]
growth.
024 MQ-4 TRITON............. 20,139 20,139 20,139 20,139
025 MQ-8 UAV................ 44,957 44,957 44,957 44,957
026 STUASL0 UAV............. 43,819 43,819 43,819 43,819
028 VH-92A EXECUTIVE HELO... 6 658,067 6 658,067 6 658,067 -10,716 6 647,351
Program reduction... [-10,716]
MODIFICATION OF AIRCRAFT
029 AEA SYSTEMS............. 44,470 44,470 44,470 -5,300 39,170
Program reduction... [-5,300]
030 AV-8 SERIES............. 39,472 39,472 39,472 39,472
031 ADVERSARY............... 3,415 3,415 3,415 3,415
032 F-18 SERIES............. 1,207,089 1,138,089 1,207,089 -79,000 1,128,089
Accelerate RWR [10,000]
modernization.
Early to need....... [-79,000] [-79,000]
033 H-53 SERIES............. 68,385 68,385 68,385 68,385
034 MH-60 SERIES............ 149,797 152,297 149,797 -2,500 147,297
Demonstrate [2,500]
alternative low
frequency active
sonars.
NRE prior year [-2,500]
carryover (OSIP 018-
12).
035 H-1 SERIES.............. 114,059 114,059 114,059 114,059
036 EP-3 SERIES............. 8,655 8,655 8,655 8,655
038 E-2 SERIES.............. 117,059 117,059 117,059 117,059
039 TRAINER A/C SERIES...... 5,616 5,616 5,616 5,616
040 C-2A.................... 15,747 15,747 15,747 15,747
041 C-130 SERIES............ 122,671 122,671 122,671 -5,885 116,786
B kit cost growth [-3,009]
(OSIP 019-14).
GFE excess growth [-2,876]
(OSIP 019-14).
042 FEWSG................... 509 509 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767 8,767 8,767
SERIES.
044 E-6 SERIES.............. 169,827 169,827 169,827 -2,611 167,216
Program reduction... [-2,611]
045 EXECUTIVE HELICOPTERS 8,933 8,933 8,933 8,933
SERIES.
047 T-45 SERIES............. 186,022 184,314 186,022 -1,708 184,314
NRE previously [-1,708] [-1,708]
funded.
048 POWER PLANT CHANGES..... 16,136 16,136 16,136 16,136
049 JPATS SERIES............ 21,824 21,824 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT.... 162,839 159,565 162,839 -10,000 152,839
Program decrease.... [-3,274] [-10,000]
052 COMMON AVIONICS CHANGES. 102,107 75,107 102,107 -27,000 75,107
Computing and [-27,000] [-27,000]
displays concurrency
and equipment growth
early to need.
053 COMMON DEFENSIVE WEAPON 2,100 2,100 2,100 2,100
SYSTEM.
054 ID SYSTEMS.............. 41,437 33,637 41,437 41,437
Unjustified unit [-7,800]
cost growth.
055 P-8 SERIES.............. 107,539 107,539 107,539 -10,976 96,563
Increment 3 ECP 6 [-10,976]
early to need (OSIP
006-18).
056 MAGTF EW FOR AVIATION... 26,536 26,536 26,536 26,536
057 MQ-8 SERIES............. 34,686 34,686 34,686 34,686
058 V-22 (TILT/ROTOR ACFT) 325,367 325,367 325,367 325,367
OSPREY.
059 NEXT GENERATION JAMMER 6,223 6,223 6,223 -3,112 3,111
(NGJ).
Program reduction... [-3,112]
060 F-35 STOVL SERIES....... 65,585 65,585 65,585 65,585
061 F-35 CV SERIES.......... 15,358 15,358 15,358 15,358
062 QRC..................... 165,016 146,558 165,016 -18,458 146,558
Program decrease.... [-18,458] [-18,458]
063 MQ-4 SERIES............. 27,994 27,994 27,994 27,994
064 RQ-21 SERIES............ 66,282 66,282 66,282 -5,250 61,032
EO/IR turret [-5,250]
upgrades unit cost
growth (OSIP 004-20).
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR PARTS. 2,166,788 2,102,788 1 2,235,088 -20,000 2,146,788
F-35B spares........ [14,900]
F-35C spares........ [24,600]
MQ-4 Triton spares [-64,000] [-20,000]
excess growth.
UPL F-35B engine.... [1] [28,800]
AIRCRAFT SUPPORT EQUIP &
FACILITIES
068 COMMON GROUND EQUIPMENT. 491,025 470,025 491,025 -21,000 470,025
Other flight [-21,000] [-21,000]
training previously
funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES......... 41,086 32,086 41,086 -9,000 32,086
BRU-61 previously [-9,000] [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 115,740 135,740 135,740
EQUIPMENT.
[[Page H9862]]
Program decrease.... [-20,000]
073 FIRST DESTINATION 892 892 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 145 18,522,204 153 18,821,764 128 19,014,928 8 439,612 153 18,961,816
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF MISSILES
001 TRIDENT II MODS......... 1,177,251 1,157,651 1,177,251 1,177,251
W76-2 low-yield [-19,600]
deployment.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,142 7,142 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK................ 90 386,730 90 386,730 90 330,430 -42,082 90 344,648
Unjustified tooling [-56,300] [-42,082]
and facilitization
costs.
TACTICAL MISSILES
004 AMRAAM.................. 169 224,502 169 191,502 169 224,502 -23,000 169 201,502
Unit cost growth.... [-33,000] [-23,000]
005 SIDEWINDER.............. 292 119,456 292 119,456 292 119,456 -2,052 292 117,404
Program reduction... [-2,052]
007 STANDARD MISSILE........ 125 404,523 125 379,523 125 404,523 125 404,523
SM-6 multi-year [-25,000]
procurement savings.
008 STANDARD MISSILE........ 96,085 96,085 96,085 96,085
009 SMALL DIAMETER BOMB II.. 750 118,466 750 118,466 750 118,466 -2,638 750 115,828
Program reduction... [-2,638]
010 RAM..................... 120 106,765 120 106,765 120 106,765 120 106,765
012 HELLFIRE................ 29 1,525 29 1,525 29 1,525 29 1,525
015 AERIAL TARGETS.......... 145,880 145,880 145,880 145,880
016 DRONES AND DECOYS....... 30 20,000 30 20,000 30 20,000 -1,479 30 18,521
Excess to need...... [-1,479]
017 OTHER MISSILE SUPPORT... 3,388 3,388 3,388 3,388
018 LRASM................... 48 143,200 48 168,200 48 143,200 48 143,200
Navy unfunded [25,000]
priority.
019 LCS OTH MISSILE......... 18 38,137 18 38,137 8 18,137 18 38,137
Unjustified [-10] [-20,000]
accelerated
acquisition strategy.
MODIFICATION OF MISSILES
020 ESSM.................... 60 128,059 60 118,059 60 128,059 -18,000 60 110,059
Production support [-10,000] [-18,000]
excess to need.
021 HARPOON MODS............ 25,447 25,447 25,447 25,447
022 HARM MODS............... 183,740 183,740 183,740 183,740
023 STANDARD MISSILES MODS.. 22,500 22,500 22,500 -20,000 2,500
Early to need....... [-20,000]
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 109,427 109,427 -23,710 85,717
EQUIPMENT.
Insufficient budget [-23,710]
justifcation.
TORPEDOES AND RELATED
EQUIP
028 SSTD.................... 5,561 5,561 5,561 5,561
029 MK-48 TORPEDO........... 58 114,000 71 130,000 71 130,000 13 16,000 71 130,000
Program increase.... [13] [16,000] [13] [16,000] [13] [16,000]
030 ASW TARGETS............. 15,095 15,095 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS...... 119,453 111,453 119,453 -7,440 112,013
HAAWC cost growth... [-8,000] [-7,440]
032 MK-48 TORPEDO ADCAP MODS 39,508 39,508 39,508 39,508
033 QUICKSTRIKE MINE........ 5,183 5,183 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT....... 3,890 3,890 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND WEAPONS.. 14,797 14,797 14,797 -1,190 13,607
Program reduction... [-1,190]
MODIFICATION OF GUNS AND
GUN MOUNTS
038 CIWS MODS............... 44,126 44,126 44,126
Unjustified OCO [-44,126]
request.
039 COAST GUARD WEAPONS..... 44,980 44,980 44,980 44,980
040 GUN MOUNT MODS.......... 66,376 66,376 66,376 66,376
041 LCS MODULE WEAPONS...... 120 14,585 120 14,585 120 14,585
Program decrease.... [-120] [-14,585]
043 AIRBORNE MINE 7,160 7,160 7,160 7,160
NEUTRALIZATION SYSTEMS.
SPARES AND REPAIR PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR PARTS. 126,138 126,138 126,138 -1,748 124,390
Program reduction... [-1,748]
TOTAL WEAPONS 1,909 4,235,244 1,802 4,121,933 1,912 4,174,944 13 -127,339 1,922 4,107,905
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
[[Page H9863]]
001 GENERAL PURPOSE BOMBS... 36,028 20,028 36,028 -1,031 34,997
Fuze contract delay [-16,000] [-1,031]
and unit cost growth.
002 JDAM.................... 2,844 70,413 2,844 62,913 2,844 70,413 2,844 70,413
JDAM tail kit unit [-7,500]
cost growth.
003 AIRBORNE ROCKETS, ALL 31,756 22,256 31,756 -4,049 27,707
TYPES.
Unit cost growth.... [-9,500] [-4,049]
004 MACHINE GUN AMMUNITION.. 4,793 4,793 4,793 4,793
005 PRACTICE BOMBS.......... 34,708 27,208 34,708 -7,500 27,208
Q1300 LGTR unit cost [-7,500] [-7,500]
growth.
006 CARTRIDGES & CART 45,738 38,738 45,738 -7,000 38,738
ACTUATED DEVICES.
Contract and [-7,000] [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,801 77,301 -9,447 67,854
COUNTERMEASURES.
Unit cost growth.... [-9,500] [-9,447]
008 JATOS................... 7,262 7,262 7,262 7,262
009 5 INCH/54 GUN AMMUNITION 22,594 22,594 22,594 -1,428 21,166
MK187 mod 0 [-1,428]
projectile unit cost
growth.
010 INTERMEDIATE CALIBER GUN 37,193 37,193 37,193 37,193
AMMUNITION.
011 OTHER SHIP GUN 39,491 29,491 39,491 -200 39,291
AMMUNITION.
CART 20MM contract [-10,000] [-200]
award delay.
012 SMALL ARMS & LANDING 47,896 47,896 47,896 47,896
PARTY AMMO.
013 PYROTECHNIC AND 10,621 10,621 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN $5 2,386 2,386 2,386 2,386
MILLION.
MARINE CORPS AMMUNITION
016 MORTARS................. 55,543 50,543 55,543 -5,000 50,543
Prior year [-5,000] [-5,000]
underexecution.
017 DIRECT SUPPORT MUNITIONS 131,765 131,765 131,765 131,765
018 INFANTRY WEAPONS 78,056 74,556 78,056 -25,968 52,088
AMMUNITION.
Underexecution and [-3,500] [-25,968]
schedule delays.
019 COMBAT SUPPORT MUNITIONS 40,048 34,048 40,048 -6,000 34,048
Unit cost growth.... [-6,000] [-6,000]
020 AMMO MODERNIZATION...... 14,325 14,325 14,325 14,325
021 ARTILLERY MUNITIONS..... 188,876 167,476 188,876 -21,400 167,476
DA 54 contract delay [-21,400] [-21,400]
022 ITEMS LESS THAN $5 4,521 4,521 4,521 4,521
MILLION.
TOTAL PROCUREMENT 2,844 981,314 2,844 878,414 2,844 981,314 -89,023 2,844 892,291
OF AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC MISSILE
SHIPS
001 OHIO REPLACEMENT 1,698,907 1,823,907 1,823,907 123,000 1,821,907
SUBMARINE.
Submarine industrial [125,000]
base expansion.
Submarine supplier [125,000] [123,000]
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 1 2,347,000 1,952,000 1 2,347,000 -1 -1,305,000 1,042,000
PROGRAM.
Basic construction/ [-302,000] [-20,000]
conversion excess
cost growth.
CVN-81 previously [-1] [-1]
authorized.
Propulsion equipment [-93,000]
excess cost growth.
Restoring [-1,285,000]
acquisition
accountability:
Transfer CVN-81 only
to line 2X.
002A CARRIER REPLACEMENT 1,285,000 1,285,000
PROGRAM.
For CVN-81 only..... [1,285,000]
003 VIRGINIA CLASS SUBMARINE 3 7,155,946 3 6,605,946 2 4,691,946 -1 -1,710,000 2 5,445,946
Block V MYP savings [-550,000]
redirected to fund
USS Boise, USS
Hartford, and USS
Columbus
availabilities.
Block V program [1,490,000]
increase.
Restore VPM on SSN- [522,100]
804.
SSN-812 program [-1] [-2,986,100] [-1] [-3,200,000]
decrease.
004 VIRGINIA CLASS SUBMARINE 2,769,552 2,769,552 4,269,552 200,000 2,969,552
ADVANCE PROCUREMENT.
Advance Procurement [1,500,000] [200,000]
in support of a 10th
multi-year
procurement contract
ship only.
005 CVN REFUELING OVERHAULS. 1 647,926 1 453,926 1 597,926 -16,000 1 631,926
CVN-74 RCOH basic [-165,000]
construction/
conversion excess
cost growth.
CVN-74 RCOH ordnance [-46,000]
excess cost growth.
CVN-74 RCOH [-50,000] [-16,000]
unjustified cost
growth.
CVN-75 RCOH [17,000]
restoration.
006 CVN REFUELING OVERHAULS 16,900 16,900 16,900
ADVANCE PROCUREMENT.
Restore CVN-75 RCOH. [16,900] [16,900]
007 DDG 1000................ 155,944 155,944 155,944 155,944
008 DDG-51.................. 3 5,099,295 3 5,013,295 3 5,079,295 -66,000 3 5,033,295
Available prior year [-20,000]
funds.
Basic Construction [-66,000]
excess growth.
Basic ship [-86,000]
construction excess
cost growth.
009 DDG-51 ADVANCE 224,028 224,028 484,028 260,000 484,028
PROCUREMENT.
Accelerate LLTM for [260,000] [260,000]
FY21 Flight III
destroyers.
011 FFG-FRIGATE............. 1 1,281,177 1 1,266,177 1 1,281,177 1 1,281,177
Change order early [-15,000]
to need.
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........... 1 100,000 1 525,000 1 525,000 1 525,000
LPD-31 program [1] [277,900] [1] [277,900]
increase.
[[Page H9864]]
Quantity increase... [1]
Transfer from line [100,000] [247,100]
13.
Transfer from SCN [247,100]
line 13.
013 LPD FLIGHT II ADVANCE 247,100 147,100 -247,100
PROCUREMENT.
Transfer to line 12. [-100,000] [-247,100]
Transfer to SCN line [-247,100]
12.
015 LHA REPLACEMENT......... 1 650,000 1 650,000 1 650,000
LHA-9 program [1] [650,000] [1] [650,000]
increase.
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......... 2 981,215 1 607,215 2 981,215 2 981,215
Full funding early [-1] [-447,000]
to need.
Transfer from Line [73,000]
19.
019 TAO FLEET OILER ADVANCE 73,000 73,000 73,000
PROCUREMENT.
Transfer to Line 18. [-73,000]
020 TOWING, SALVAGE, AND 2 150,282 2 150,282 2 150,282 2 150,282
RESCUE SHIP (ATS).
022 LCU 1700................ 4 85,670 4 85,670 4 85,670 4 85,670
023 OUTFITTING.............. 754,679 643,554 704,679 -48,958 705,721
Early to need and [-50,000]
unjustified cost
growth.
ESB-9 Outfitting [-11,125]
early to need.
Excess cost growth.. [-100,000] [-40,000]
Virginia class [-8,958]
outfitting excess
growth.
024 SHIP TO SHORE CONNECTOR. 1 65,000 1 65,000 1 65,000
Program decrease.... [-1] [-65,000]
Program increase.... [2] [130,000] [1] [65,000]
024A SHIP TO SHORE CONNECTOR 40,400
AP.
Program increase.... [40,400]
025 SERVICE CRAFT........... 56,289 56,289 81,789 25,500 81,789
Accelerate YP-703 [25,500] [25,500]
Flight II.
028 COMPLETION OF PY 55,700 25,700 104,700 49,000 104,700
SHIPBUILDING PROGRAMS.
ESB change order [-30,000]
prior year carryover.
UPL EPF-14 [49,000] [49,000]
conversion.
TOTAL SHIPBUILDING 17 23,783,710 17 22,194,585 18 24,144,410 1 -193,658 18 23,590,052
AND CONVERSION,
NAVY.
OTHER PROCUREMENT, NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER EQUIPMENT. 14,490 14,490 14,490 14,490
GENERATORS
002 SURFACE COMBATANT HM&E.. 31,583 23,503 50,583 -22 31,561
Excess cost growth.. [-8,080]
Twisted rudder [-22]
installation early
to need.
UPL DDG-51 class [19,000]
HM&E upgrades.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 60,830 77,404 77,404
EQUIPMENT.
Excess cost growth.. [-16,574]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, IMAGING 160,803 160,803 160,803 160,803
AND SUPT EQUIP PROG.
005 DDG MOD................. 566,140 566,140 566,140 -12,650 553,490
Aegis modernization [-5,000]
testing excess to
need.
Combat system ship [-7,650]
qualification trials
excess to need.
006 FIREFIGHTING EQUIPMENT.. 18,223 18,223 18,223 18,223
007 COMMAND AND CONTROL 2,086 2,086 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE......... 95,651 64,651 95,651 -16,088 79,563
Excess cost growth.. [-31,000] [-16,088]
009 POLLUTION CONTROL 23,910 23,910 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 25,300 44,895 44,895
EQUIPMENT.
Acoustic superiority [-11,855]
early to need.
Excess cost growth.. [-7,740]
011 VIRGINIA CLASS SUPPORT 28,465 28,465 28,465 28,465
EQUIPMENT.
012 LCS CLASS SUPPORT 19,426 19,426 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES..... 26,290 26,290 26,290 -993 25,297
Virginia class unit [-993]
cost growth.
014 LPD CLASS SUPPORT 46,945 46,945 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS SUPPORT 9,930 9,930 9,930 9,930
EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT.......... 2,909 2,909 2,909 2,909
018 CG MODERNIZATION........ 193,990 193,990 193,990 193,990
019 LCAC.................... 3,392 3,392 3,392 3,392
020 UNDERWATER EOD PROGRAMS. 71,240 71,240 82,240 71,240
Program increase for [11,000]
four ExMCM companies.
021 ITEMS LESS THAN $5 102,543 102,543 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE SUPPORT 6,635 6,635 6,635 6,635
SYSTEM.
REACTOR PLANT EQUIPMENT
024 REACTOR POWER UNITS..... 5,340 5,340 5,340 5,340
025 REACTOR COMPONENTS...... 465,726 465,726 465,726 -2,977 462,749
Program decrease-- [-2,977]
unit cost growth.
[[Page H9865]]
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 10,706 11,854 11,854
EQUIPMENT.
Excess cost growth.. [-1,148]
SMALL BOATS
027 STANDARD BOATS.......... 79,102 73,967 79,102 79,102
Excess cost growth.. [-5,135]
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE.... 202,238 202,238 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 33,237 51,553 51,553
MODULES EQUIPMENT.
Excess cost growth.. [-18,316]
030 LCS MCM MISSION MODULES. 197,129 77,129 67,329 -62,972 134,157
Excess cost growth.. [-120,000] [-62,972]
Procurement ahead of [-129,800]
satisfactory testing.
031 LCS ASW MISSION MODULES. 27,754 25,254 27,754 27,754
Demonstrate [2,500]
alternate low
frequency active
sonar.
Excess cost growth.. [-5,000]
032 LCS SUW MISSION MODULES. 26,566 14,566 26,566 26,566
Excess cost growth.. [-12,000]
033 LCS IN-SERVICE 84,972 84,972 84,972 -2,972 82,000
MODERNIZATION.
Habitability mod [-2,972]
(Freedom variant)
unit cost growth.
034 SMALL & MEDIUM UUV...... 40,547 10,601 10,647 -29,900 10,647
Knifefish early to [-29,946] [-29,900]
need.
Knifefish [-29,900]
procurement ahead of
satisfactory testing.
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR............ 26,195 26,195 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC EQUIPMENT.. 366,968 354,968 366,968 -10,015 356,953
Low cost conformal [-12,000] [-10,015]
array contract delay.
039 UNDERSEA WARFARE SUPPORT 8,967 8,967 8,967 8,967
EQUIPMENT.
ASW ELECTRONIC EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545 23,545 23,545
WARFARE SYSTEM.
041 SSTD.................... 12,439 12,439 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441 128,441 128,441
SYSTEM.
043 SURTASS................. 21,923 21,923 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
044 AN/SLQ-32............... 420,154 420,154 358,154 -69,468 350,686
Block 3 kit early to [-65,758]
need.
Early to need....... [-62,000]
FMP block 1B3 for [-2,300]
SLQ-32(V) 6
previously funded.
SEWIP block 1B2 for [-1,410]
USCG ship forward
fit contract delays.
RECONNAISSANCE EQUIPMENT
045 SHIPBOARD IW EXPLOIT.... 194,758 194,758 202,758 -1,318 193,440
SSEE modifications [-1,318]
kits unit cost
growth.
UPL SSEE expansion [8,000]
on Flight I DDGs.
046 AUTOMATED IDENTIFICATION 5,368 5,368 5,368 5,368
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE ENGAGEMENT 35,128 35,128 35,128 35,128
CAPABILITY.
048 NAVAL TACTICAL COMMAND 15,154 15,154 15,154 15,154
SUPPORT SYSTEM (NTCSS).
049 ATDLS................... 52,753 52,753 52,753 52,753
050 NAVY COMMAND AND CONTROL 3,390 3,390 3,390 3,390
SYSTEM (NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM....... 8,730 8,730 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT.... 72,406 72,406 72,406 72,406
057 AFLOAT ATC EQUIPMENT.... 67,410 67,410 67,410 -1,631 65,779
ACLS mod kits [-1,631]
installations cost
growth.
058 ID SYSTEMS.............. 26,059 15,464 26,059 26,059
OE-120/UPX antenna [-10,595]
insufficient budget
justification.
059 JOINT PRECISION APPROACH 92,695 61,348 92,695 -14,500 78,195
AND LANDING SYSTEM (.
Early to need....... [-31,347] [-14,500]
060 NAVAL MISSION PLANNING 15,296 15,296 15,296 15,296
SYSTEMS.
OTHER SHORE ELECTRONIC
EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226 36,226 36,226
SYSTEMS.
062 DCGS-N.................. 21,788 21,788 21,788 -361 21,427
DCGS-N increment 2 [-361]
kit unit cost
discrepancy.
063 CANES................... 426,654 396,654 426,654 -31,500 395,154
Program decrease.... [-30,000] [-31,500]
064 RADIAC.................. 6,450 6,450 6,450 6,450
065 CANES-INTELL............ 52,713 52,713 52,713 52,713
[[Page H9866]]
066 GPETE................... 13,028 13,028 13,028 13,028
067 MASF.................... 5,193 5,193 5,193 5,193
068 INTEG COMBAT SYSTEM TEST 6,028 6,028 6,028 6,028
FACILITY.
069 EMI CONTROL 4,209 4,209 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 151,593 144,636 -23,800 144,636
MILLION.
Excess cost growth.. [-16,843]
NGSSR early to need. [-23,800] [-23,800]
SHIPBOARD COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 55,853 55,853 -5,800 50,053
COMMUNICATIONS.
DMR IW and MUOS [-5,800]
system procurement
afloat previously
funded.
072 SHIP COMMUNICATIONS 137,861 117,861 137,861 -15,481 122,380
AUTOMATION.
STACC cost growth... [-20,000] [-15,481]
073 COMMUNICATIONS ITEMS 35,093 35,093 35,093 -3,600 31,493
UNDER $5M.
Improving funds [-3,600]
management: prior
year carryover.
SUBMARINE COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833 50,833 50,833
SUPPORT.
075 SUBMARINE COMMUNICATION 69,643 60,643 69,643 -8,849 60,794
EQUIPMENT.
Buoy shape [-9,000] [-8,849]
improvement
unjustified request.
SATELLITE COMMUNICATIONS
076 SATELLITE COMMUNICATIONS 45,841 45,841 45,841 45,841
SYSTEMS.
077 NAVY MULTIBAND TERMINAL 88,021 88,021 88,021 -5,873 82,148
(NMT).
Afloat ship kit cost [-4,055]
growth.
Assured C2 modems [-1,818]
installation cost
excess growth.
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293 4,293 4,293
SUPPORT ELEMENT (JCSE).
CRYPTOGRAPHIC EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL EXPLOITATION 968 968 968 968
TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC SUPPORT
083 COAST GUARD EQUIPMENT... 61,370 61,370 61,370 61,370
SONOBUOYS
085 SONOBUOYS--ALL TYPES.... 260,644 296,344 310,644 50,000 310,644
Navy unfunded [35,700]
priority.
UPL sonobuoy [50,000] [50,000]
increase.
AIRCRAFT SUPPORT
EQUIPMENT
086 MINOTAUR................ 5,000 5,000 5,000 5,000
087 WEAPONS RANGE SUPPORT 101,843 94,843 101,843 101,843
EQUIPMENT.
Excess cost growth.. [-7,000]
088 AIRCRAFT SUPPORT 145,601 112,181 145,601 -10,390 135,211
EQUIPMENT.
Excess cost growth.. [-20,000] [-10,390]
Program decrease.... [-13,420]
089 ADVANCED ARRESTING GEAR 4,725 4,725 4,725 4,725
(AAG).
090 METEOROLOGICAL EQUIPMENT 14,687 14,687 14,687 -2,280 12,407
ASOS upgrades unit [-2,280]
cost growth.
092 LEGACY AIRBORNE MCM..... 19,250 19,250 19,250 -332 18,918
Modifications [-332]
unjustified growth.
093 LAMPS EQUIPMENT......... 792 792 792 792
094 AVIATION SUPPORT 55,415 52,415 55,415 -3,000 52,415
EQUIPMENT.
Contract delay...... [-3,000] [-3,000]
095 UMCS-UNMAN CARRIER 32,668 32,668 32,668 32,668
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
096 SHIP GUN SYSTEMS 5,451 5,451 5,451 5,451
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
097 HARPOON SUPPORT 1,100 1,100 1,100 1,100
EQUIPMENT.
098 SHIP MISSILE SUPPORT 228,104 243,304 228,104 40,200 268,304
EQUIPMENT.
Excess cost growth.. [-25,000]
Program increase.... [40,200] [40,200]
099 TOMAHAWK SUPPORT 78,593 78,593 78,593 78,593
EQUIPMENT.
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE 280,510 280,510 280,510 280,510
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL 148,547 138,547 148,547 -4,869 143,678
SYSTEMS.
Excess cost growth.. [-10,000] [-4,869]
102 ASW SUPPORT EQUIPMENT... 21,130 21,130 21,130 21,130
OTHER ORDNANCE SUPPORT
EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,244 15,244 15,244 15,244
DISPOSAL EQUIP.
104 ITEMS LESS THAN $5 5,071 5,071 5,071 5,071
MILLION.
OTHER EXPENDABLE
ORDNANCE
105 ANTI-SHIP MISSILE DECOY 41,962 41,962 41,962 41,962
SYSTEM.
106 SUBMARINE TRAINING 75,057 75,057 75,057 75,057
DEVICE MODS.
107 SURFACE TRAINING 233,175 189,253 233,175 -10,528 222,647
EQUIPMENT.
BFFT ship sets [-1,515]
excess to need.
LCS trainer [-43,922] [-9,013]
equipment early to
need.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 4,562 4,562 4,562 4,562
VEHICLES.
[[Page H9867]]
109 GENERAL PURPOSE TRUCKS.. 10,974 10,974 10,974 10,974
110 CONSTRUCTION & 43,191 43,191 43,191 43,191
MAINTENANCE EQUIP.
111 FIRE FIGHTING EQUIPMENT. 21,142 11,642 21,142 -9,500 11,642
Contract delays..... [-9,500] [-9,500]
112 TACTICAL VEHICLES....... 33,432 32,032 33,432 33,432
JLTV contract delay. [-1,400]
114 POLLUTION CONTROL 2,633 2,633 2,633 2,633
EQUIPMENT.
115 ITEMS UNDER $5 MILLION.. 53,467 53,467 53,467 53,467
116 PHYSICAL SECURITY 1,173 1,173 1,173 1,173
VEHICLES.
SUPPLY SUPPORT EQUIPMENT
117 SUPPLY EQUIPMENT........ 16,730 16,730 16,730 16,730
118 FIRST DESTINATION 5,389 5,389 5,389 5,389
TRANSPORTATION.
119 SPECIAL PURPOSE SUPPLY 654,674 654,674 654,674 -37,152 617,522
SYSTEMS.
Insufficient budget [-37,152]
justification.
TRAINING DEVICES
120 TRAINING SUPPORT 3,633 3,633 3,633 3,633
EQUIPMENT.
121 TRAINING AND EDUCATION 97,636 82,536 97,636 -3,100 94,536
EQUIPMENT.
Excess growth....... [-3,100]
Reduction in one [-15,100]
Training Support
Vessel.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 66,102 50,102 59,779 -15,668 50,434
EQUIPMENT.
Prior year [-16,000] [-15,668]
underexecution.
Program duplication. [-6,323]
123 MEDICAL SUPPORT 3,633 3,633 3,633 3,633
EQUIPMENT.
125 NAVAL MIP SUPPORT 6,097 6,097 6,097 6,097
EQUIPMENT.
126 OPERATING FORCES SUPPORT 16,905 16,905 16,905 16,905
EQUIPMENT.
127 C4ISR EQUIPMENT......... 30,146 30,146 30,146 30,146
128 ENVIRONMENTAL SUPPORT 21,986 21,986 21,986 21,986
EQUIPMENT.
129 PHYSICAL SECURITY 160,046 160,046 160,046 160,046
EQUIPMENT.
130 ENTERPRISE INFORMATION 56,899 56,899 56,899 56,899
TECHNOLOGY.
OTHER
133 NEXT GENERATION 122,832 122,832 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS..... 16,346 16,346 16,346 16,346
SPARES AND REPAIR PARTS
134 SPARES AND REPAIR PARTS. 375,608 352,140 375,608 -23,468 352,140
JPALS spares early [-8,137] [-8,137]
to need.
LCS spares early to [-15,331] [-15,331]
need.
TOTAL OTHER 9,652,956 9,146,967 9,489,133 -350,857 9,302,099
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT VEHICLES
001 AAV7A1 PIP.............. 39,495 39,495 39,495 39,495
002 AMPHIBIOUS COMBAT 56 317,935 56 313,135 56 317,935 -4,804 56 313,131
VEHICLE 1.1.
Excess engineering [-4,800] [-4,804]
change orders.
003 LAV PIP................. 60,734 60,734 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT TOWED 25,065 25,065 25,065 25,065
HOWITZER.
005 ARTILLERY WEAPONS SYSTEM 100,002 90,002 100,002 -10,000 90,002
Equipment previously [-10,000] [-10,000]
funded and cost
growth.
006 WEAPONS AND COMBAT 31,945 31,945 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS....... 22,760 22,760 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR DEFENSE 175,998 175,998 175,998 175,998
009 ANTI-ARMOR MISSILE- 97 20,207 97 20,207 97 20,207 97 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR WEAPON 21,913 21,913 21,913 21,913
SYSTEMS (FOAAWS).
011 ANTI-ARMOR MISSILE-TOW.. 60,501 60,501 60,501 60,501
012 GUIDED MLRS ROCKET 210 29,062 210 28,062 210 29,062 -1,000 210 28,062
(GMLRS).
Unit cost [-1,000] [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION COMMAND 37,203 32,203 37,203 -5,000 32,203
AND CONTROL SYSTEM (C.
AN/MRQ-13 [-5,000] [-5,000]
communications
subsystems upgrades
unjustified growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS....... 4,945 4,945 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 MILLION 112,124 83,124 112,124 -29,700 82,424
(COMM & ELEC).
Unit cost growth.... [-29,000] [-29,700]
017 AIR OPERATIONS C2 17,408 17,408 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT (NON-
TEL)
018 RADAR SYSTEMS........... 329 329 329 329
019 GROUND/AIR TASK ORIENTED 8 273,022 8 273,022 8 273,022 8 273,022
RADAR (G/ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC................. 4,484 4,484 4,484 4,484
022 FIRE SUPPORT SYSTEM..... 35,488 35,488 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396 56,896 -2,500 54,396
EQUIPMENT.
[[Page H9868]]
Unjustified growth.. [-2,500] [-2,500]
025 UNMANNED AIR SYSTEMS 34,711 34,711 34,711 34,711
(INTEL).
026 DCGS-MC................. 32,562 32,562 32,562 32,562
OTHER SUPPORT (NON-TEL)
030 NEXT GENERATION 114,901 114,901 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS.... 108,897 108,897 108,897 108,897
033 RADIO SYSTEMS........... 227,320 212,320 227,320 -15,000 212,320
Cost growth and [-15,000] [-15,000]
early to need.
034 COMM SWITCHING & CONTROL 31,685 23,685 31,685 -7,904 23,781
SYSTEMS.
ECP small form [-8,000] [-7,904]
factor previously
funded.
035 COMM & ELEC 21,140 21,140 21,140 21,140
INFRASTRUCTURE SUPPORT.
036 CYBERSPACE ACTIVITIES... 27,632 27,632 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS..... 5,535 5,535 5,535 5,535
ADMINISTRATIVE VEHICLES
037 COMMERCIAL CARGO 28,913 28,913 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 19,234 19,234 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 1,398 558,107 1,398 556,107 1,398 558,107 -2,000 1,398 556,107
VEHICLE.
ECP previously [-2,000] [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495 495 495
EQUIP ASSORT.
042 TACTICAL FUEL SYSTEMS... 52 52 52 52
043 POWER EQUIPMENT ASSORTED 22,441 22,441 22,441 22,441
044 AMPHIBIOUS SUPPORT 7,101 7,101 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS............. 44,700 44,700 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL EQUIPMENT. 2,898 2,898 2,898 2,898
048 TRAINING DEVICES........ 149,567 126,567 149,567 -23,000 126,567
ODS unjustified [-23,000] [-23,000]
request.
049 FAMILY OF CONSTRUCTION 35,622 35,622 35,622 35,622
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956 10,956 10,956
MILLION.
SPARES AND REPAIR PARTS
052 SPARES AND REPAIR PARTS. 33,470 33,470 33,470 33,470
TOTAL PROCUREMENT, 1,769 3,090,449 1,769 2,990,149 1,769 3,090,449 -100,908 1,769 2,989,541
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35.................... 48 4,274,359 60 5,126,409 60 5,364,359 12 1,292,050 60 5,566,409
Program increase.... [12] [1,042,800] [12] [1,042,800]
Program increase: [440,000]
Turkish F-35A
Reallocation
Initiative.
Target cost savings. [-190,750] [-190,750]
UPL additional [12] [1,090,000]
quantities.
002 F-35.................... 655,500 655,500 811,500 156,000 811,500
UPL Increase........ [156,000] [156,000]
003 F-15E................... 8 1,050,000 8 941,000 8 888,000 -64,500 8 985,500
NRE cost on a non- [-162,000]
developmental A/C.
Unjustified non- [-109,000] [-64,500]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP............. 12 2,234,529 12 2,199,705 15 2,705,529 -36,000 12 2,198,529
Excess to need...... [-34,824] [-36,000]
UPL additional [3] [471,000]
quantities.
OTHER AIRLIFT
006 C-130J.................. 12,156 4 404,156 12,156 4 392,000 4 404,156
Program increase.... [4] [392,000] [4] [392,000]
008 MC-130J................. 8 871,207 8 871,207 8 871,207 -13,600 8 857,607
Excess to need...... [-13,600]
009 MC-130J................. 40,000 40,000 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE HELICOPTER 12 884,235 12 876,235 12 884,235 -8,200 12 876,035
Excess to need...... [-8,000] [-8,200]
MISSION SUPPORT AIRCRAFT
011 C-37A................... 2 161,000 2 161,000 2 161,000 -13,500 2 147,500
Unit cost growth.... [-13,500]
012 CIVIL AIR PATROL A/C.... 4 2,767 4 2,767 4 2,767 4 2,767
OTHER AIRCRAFT
014 TARGET DRONES........... 37 130,837 37 130,837 37 130,837 37 130,837
015 COMPASS CALL............ 1 114,095 1 114,095 1 114,095 1 114,095
017 MQ-9.................... 3 189,205 15 313,005 3 189,205 -14,000 3 175,205
Program increase.... [12] [137,800]
Unit cost growth.... [-14,000] [-14,000]
STRATEGIC AIRCRAFT
019 B-2A.................... 9,582 9,582 9,582 9,582
[[Page H9869]]
020 B-1B.................... 22,111 22,111 22,111 -9,000 13,111
ADS-B ahead of need. [-9,000]
021 B-52.................... 69,648 69,648 69,648 69,648
022 LARGE AIRCRAFT INFRARED 43,758 43,758 43,758 43,758
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10.................... 132,069 132,069 132,069 132,069
024 E-11 BACN/HAG........... 70,027 1 90,027 70,027 70,027
Aircraft increase... [1] [20,000]
025 F-15.................... 481,073 480,443 328,073 -13,306 467,767
ADCP unnecessary due [-75,100] [-13,306]
to F-15X.
F-15C MUOS ahead of [-630]
need.
IFF unnecessary due [-29,600]
to F-15X.
Longerons [-24,600]
unnecessary due to F-
15X.
Radar unnecessary [-23,700]
due to F-15X.
026 F-16.................... 234,782 234,782 30 309,782 30 75,000 30 309,782
Additional radars... [30] [75,000] [30] [75,000]
028 F-22A................... 323,597 323,597 323,597 323,597
030 F-35 MODIFICATIONS...... 343,590 343,590 343,590 343,590
031 F-15 EPAW............... 149,047 25,047 81,847 -23,630 125,417
Not required because [-67,200] [-23,630]
of F-15X.
Prior-year carryover [-124,000]
032 INCREMENT 3.2B.......... 20,213 20,213 20,213 20,213
033 KC-46A MDAP............. 10,213 3,639 10,213 -5,000 5,213
Excess to need...... [-6,574]
Funding ahead of [-5,000]
need.
AIRLIFT AIRCRAFT
034 C-5..................... 73,550 73,550 73,550 73,550
036 C-17A................... 60,244 60,244 60,244 60,244
037 C-21.................... 216 216 216 216
038 C-32A................... 11,511 11,511 11,511 11,511
039 C-37A................... 435 435 435 435
TRAINER AIRCRAFT
040 GLIDER MODS............. 138 138 138 138
041 T-6..................... 11,826 11,826 11,826 11,826
042 T-1..................... 26,787 26,787 26,787 26,787
043 T-38.................... 37,341 45,041 37,341 37,341
T-38 A/B ejection [7,700]
seat safety.
OTHER AIRCRAFT
044 U-2 MODS................ 86,896 119,896 86,896 20,000 106,896
Increase for U-2 [33,000] [20,000]
enhancements.
045 KC-10A (ATCA)........... 2,108 2,108 2,108 2,108
046 C-12.................... 3,021 3,021 3,021 3,021
047 VC-25A MOD.............. 48,624 48,624 48,624 48,624
048 C-40.................... 256 256 256 256
049 C-130................... 52,066 186,066 52,066 134,000 186,066
3.5 Engine [79,000] [79,000]
Enhancement Package.
NP-2000 prop blade [55,000] [55,000]
upgrades.
050 C-130J MODS............. 141,686 141,686 141,686 141,686
051 C-135................... 124,491 124,491 124,491 -1,875 122,616
Low cost mods slow [-1,000]
execution.
RPI installs........ [-875]
053 COMPASS CALL............ 110,754 110,754 110,754 110,754
054 COMBAT FLIGHT 508 508 508 508
INSPECTION--CFIN.
055 RC-135.................. 227,673 398,673 227,673 227,673
Program increase.... [171,000]
056 E-3..................... 216,299 216,299 216,299 -87,307 128,992
NATO AWACS--Air [-87,307]
Force requested
transfer to line 88.
057 E-4..................... 58,477 58,477 58,477 58,477
058 E-8..................... 28,778 56,778 58,778 20,000 48,778
Increase for re- [28,000] [20,000]
engining.
SATCOM radios....... [30,000]
059 AIRBORNE WARNING AND 36,000 36,000 36,000 36,000
CNTRL SYS (AWACS) 40/45.
060 FAMILY OF BEYOND LINE-OF- 7,910 7,910 7,910 7,910
SIGHT TERMINALS.
061 H-1..................... 3,817 3,817 3,817 3,817
062 H-60.................... 20,879 20,879 20,879 20,879
063 RQ-4 MODS............... 1,704 1,704 1,704 1,704
064 HC/MC-130 MODIFICATIONS. 51,482 51,482 51,482 51,482
065 OTHER AIRCRAFT.......... 50,098 50,098 50,098 50,098
066 MQ-9 MODS............... 383,594 251,594 383,594 -132,000 251,594
Production rate [-132,000] [-132,000]
adjustment of DAS-4
sensor.
068 CV-22 MODS.............. 65,348 65,348 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 544,830 970,230 91,000 799,230
PARTS.
F-35 spares......... [96,000] [96,000]
KC-46 spares........ [141,000]
Program decrease.... [-40,000] [-30,000]
RQ-4................ [25,000] [25,000]
Unjustified F-15C [-123,400]
requirements.
COMMON SUPPORT EQUIPMENT
[[Page H9870]]
072 AIRCRAFT REPLACEMENT 84,938 84,938 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION SUPPORT
073 B-2A.................... 1,403 1,403 1,403 1,403
074 B-2B.................... 42,234 42,234 42,234 42,234
075 B-52.................... 4,641 4,641 4,641 4,641
076 C-17A................... 124,805 124,805 124,805 124,805
079 F-15.................... 2,589 2,589 2,589 2,589
081 F-16.................... 15,348 14,748 15,348 15,348
Line shutdown early [-600]
to need.
084 RQ-4 POST PRODUCTION 47,246 47,246 47,246 47,246
CHARGES.
INDUSTRIAL PREPAREDNESS
086 INDUSTRIAL 17,705 17,705 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES......... 32,102 32,102 32,102 32,102
OTHER PRODUCTION CHARGES
088 OTHER PRODUCTION CHARGES 1,194,728 1,073,728 1,194,728 27,307 1,222,035
F-22 NGEN lab excess [-72,000] [-60,000]
NATO AWACS--Air [87,307]
Force requested
transfer from line
56.
Program decrease.... [-33,000]
RQ-4 delayed [-16,000]
obligations.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS..... 34,193 34,193 34,193 34,193
TOTAL AIRCRAFT 135 16,784,279 164 17,845,801 180 18,486,079 46 1,785,439 181 18,569,718
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT, AIR
FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT EQ- 55,888 55,888 55,888 55,888
BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 60 15,000 60 60 15,000 -30 -7,500 30 7,500
MUNITION.
Unjustified [-15,000] [-30] [-7,500]
requirement (JAGM-F).
004 JOINT AIR-SURFACE 411 482,525 411 482,525 411 482,525 411 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X)..... 355 160,408 355 160,408 355 160,408 355 160,408
007 AMRAAM.................. 220 332,250 220 332,250 220 332,250 220 332,250
008 PREDATOR HELLFIRE 1,531 118,860 1,531 111,160 1,531 118,860 1,531 118,860
MISSILE.
Unit cost savings... [-7,700]
009 SMALL DIAMETER BOMB..... 7,078 275,438 7,078 275,438 7,078 275,438 7,078 275,438
010 SMALL DIAMETER BOMB II.. 1,175 212,434 1,175 201,434 1,175 212,434 -11,750 1,175 200,684
Unit cost growth.... [-11,000] [-11,750]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/POL 801 801 801 801
PREVENTION.
CLASS IV
012 ICBM FUZE MOD........... 6 5,000 6 5,000 6 5,000 6 5,000
013 ICBM FUZE MOD........... 14,497 14,497 14,497 14,497
014 MM III MODIFICATIONS.... 50,831 50,831 59,731 8,874 59,705
Air Force requested [8,900] [8,874]
transfer.
015 AGM-65D MAVERICK........ 294 294 294 294
016 AIR LAUNCH CRUISE 77,387 77,387 68,487 -8,874 68,513
MISSILE (ALCM).
Air Force requested [-8,900] [-8,874]
transfer.
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE PROGRAMS. 144,553 144,553 144,553 144,553
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS..... 849,521 849,521 849,521 849,521
TOTAL MISSILE 10,836 2,889,187 10,836 2,855,487 10,836 2,889,187 -30 -19,250 10,806 2,869,937
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT, AIR
FORCE
SPACE PROGRAMS
001 ADVANCED EHF............ 31,894 31,894 31,894 31,894
002 AF SATELLITE COMM SYSTEM 56,298 56,298 56,298 56,298
004 COUNTERSPACE SYSTEMS.... 5,700 5,700 5,700 5,700
005 FAMILY OF BEYOND LINE-OF- 34,020 24,020 34,020 -5,000 29,020
SIGHT TERMINALS.
Unjustified growth.. [-10,000] [-5,000]
007 GENERAL INFORMATION 3,244 3,244 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON........ 1 414,625 1 414,625 1 414,625 1 414,625
009 GPS III SPACE SEGMENT... 31,466 31,466 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031 32,031 32,031
(COMSEC).
013 MILSATCOM............... 11,096 11,096 11,096 11,096
015 EVOLVED EXPENDABLE 4 1,237,635 4 1,237,635 4 1,237,635 4 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE)....... 233,952 218,012 233,952 233,952
Unjustified growth.. [-15,940]
017 NUDET DETECTION SYSTEM.. 7,432 7,432 7,432 7,432
018 ROCKET SYSTEMS LAUNCH 11,473 11,473 11,473 11,473
PROGRAM.
019 SPACE FENCE............. 71,784 50,284 71,784 71,784
Unjustified growth.. [-21,500]
020 SPACE MODS.............. 106,330 86,330 106,330 106,330
Unjustified growth.. [-20,000]
[[Page H9871]]
021 SPACELIFT RANGE SYSTEM 118,140 118,140 118,140 118,140
SPACE.
SPACE PROCUREMENT, AIR
FORCE
SPARES
022 SPARES AND REPAIR PARTS. 7,263 7,263 7,263 7,263
TOTAL SPACE 5 2,414,383 5 2,346,943 5 2,414,383 -5,000 5 2,409,383
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS................. 133,268 115,268 133,268 -18,200 115,068
APKWS Mk 66 rocket [-18,000] [-18,200]
motor price
adjustment.
CARTRIDGES
002 CARTRIDGES.............. 140,449 140,449 140,449 140,449
BOMBS
003 PRACTICE BOMBS.......... 29,313 29,313 29,313 29,313
004 GENERAL PURPOSE BOMBS... 85,885 85,885 85,885 85,885
006 JOINT DIRECT ATTACK 37,000 1,066,224 37,000 1,019,224 37,000 1,066,224 -32,000 37,000 1,034,224
MUNITION.
LJDAM sensor cost [-10,000]
adjustment.
Tailkit unit cost [-37,000] [-32,000]
adjustment.
007 B61..................... 533 80,773 533 80,773 533 80,773 533 80,773
OTHER ITEMS
009 CAD/PAD................. 47,069 47,069 47,069 47,069
010 EXPLOSIVE ORDNANCE 6,133 6,133 6,133 6,133
DISPOSAL (EOD).
011 SPARES AND REPAIR PARTS. 533 533 533 533
012 MODIFICATIONS........... 1,291 1,291 1,291 1,291
013 ITEMS LESS THAN 1,677 1,677 1,677 1,677
$5,000,000.
FLARES
015 FLARES.................. 36,116 22,116 36,116 36,116
Program decrease.... [-14,000]
FUZES
016 FUZES................... 1,734 1,734 1,734 1,734
SMALL ARMS
017 SMALL ARMS.............. 37,496 32,496 37,496 37,496
Program decrease.... [-5,000]
TOTAL PROCUREMENT 37,533 1,667,961 37,533 1,583,961 37,533 1,667,961 -50,200 37,533 1,617,761
OF AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,238 15,238 15,238 15,238
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL VEHICLE. 34,616 29,616 34,616 34,616
Unjustified unit [-5,000]
cost increases.
003 CAP VEHICLES............ 1,040 3,567 1,040 2,527 3,567
Program increase-- [1,867] [1,867]
communications.
Program increase-- [660] [660]
vehicles.
004 CARGO AND UTILITY 23,133 18,588 23,133 23,133
VEHICLES.
Program increase.... [455]
Program reduction... [-5,000]
SPECIAL PURPOSE VEHICLES
005 JOINT LIGHT TACTICAL 32,027 22,027 32,027 32,027
VEHICLE.
Program reduction... [-10,000]
006 SECURITY AND TACTICAL 1,315 1,315 1,315 1,315
VEHICLES.
007 SPECIAL PURPOSE VEHICLES 14,593 9,593 14,593 14,593
Program reduction-- [-5,000]
prior year carryover.
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH 28,604 28,604 28,604 28,604
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 21,848 21,848 21,848 21,848
VEHICLES.
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND 2,925 3,259 2,925 2,925
CLEANING EQU.
Program increase.... [334]
011 BASE MAINTENANCE SUPPORT 55,776 52,876 55,776 55,776
VEHICLES.
Program increase.... [2,100]
Program reduction... [-5,000]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT........ 91,461 91,461 91,461 91,461
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL TECH 11,386 11,386 11,386 11,386
& ARCHITECTURES.
015 INTELLIGENCE TRAINING 7,619 7,619 7,619 7,619
EQUIPMENT.
016 INTELLIGENCE COMM 35,558 32,058 35,558 -3,500 32,058
EQUIPMENT.
IMAD unjustified [-3,500] [-3,500]
procurement.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 17,939 17,939 17,939 17,939
LANDING SYS.
019 BATTLE CONTROL SYSTEM-- 3,063 3,063 3,063 3,063
FIXED.
021 WEATHER OBSERVATION 31,447 31,447 31,447 31,447
FORECAST.
022 STRATEGIC COMMAND AND 5,090 5,090 5,090 5,090
CONTROL.
023 CHEYENNE MOUNTAIN 10,145 10,145 10,145 10,145
COMPLEX.
024 MISSION PLANNING SYSTEMS 14,508 14,508 14,508 14,508
026 INTEGRATED STRAT PLAN & 9,901 9,901 9,901 9,901
ANALY NETWORK (ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
[[Page H9872]]
027 GENERAL INFORMATION 26,933 26,933 26,933 26,933
TECHNOLOGY.
028 AF GLOBAL COMMAND & 2,756 2,756 2,756 2,756
CONTROL SYS.
029 BATTLEFIELD AIRBORNE 48,478 48,478 48,478 48,478
CONTROL NODE (BACN).
030 MOBILITY COMMAND AND 21,186 21,186 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 158,361 178,361 178,361
SECURITY SYSTEM.
Program reduction... [-20,000]
032 COMBAT TRAINING RANGES.. 233,993 2 247,593 4 261,993 4 28,000 4 261,993
Joint threat emitter [2] [13,600]
increase.
Joint threat [4] [28,000] [4] [28,000]
emitters.
033 MINIMUM ESSENTIAL 132,648 132,648 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA SURVEILLANCE 80,818 47,929 80,818 -38,700 42,118
(WAS).
Program decrease.... [-12,889] [-38,700]
Program decrease-- [-20,000]
realignment to RDAF-
155.
035 C3 COUNTERMEASURES...... 25,036 25,036 25,036 25,036
036 INTEGRATED PERSONNEL AND 20,900 15,693 -20,900
PAY SYSTEM.
Poor agile [-20,900] [-20,900]
implementation.
Program decrease.... [-5,207]
037 GCSS-AF FOS............. 11,226 11,226 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337 6,337 6,337
SYSTEM.
041 AIR & SPACE OPERATIONS 33,243 33,243 33,243 33,243
CENTER (AOC).
AIR FORCE COMMUNICATIONS
043 BASE INFORMATION TRANSPT 69,530 59,530 69,530 -7,250 62,280
INFRAST (BITI) WIRED.
Program decrease.... [-10,000]
Restoring [-7,250]
acquisition
accountability.
044 AFNET................... 147,063 147,063 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505 6,505 6,505
SUPPORT ELEMENT (JCSE).
046 USCENTCOM............... 20,190 20,190 20,190 20,190
047 USSTRATCOM.............. 11,244 11,244 11,244 11,244
ORGANIZATION AND BASE
048 TACTICAL C-E EQUIPMENT.. 143,757 143,757 143,757 143,757
050 RADIO EQUIPMENT......... 15,402 15,402 15,402 15,402
051 CCTV/AUDIOVISUAL 3,211 3,211 3,211 3,211
EQUIPMENT.
052 BASE COMM INFRASTRUCTURE 43,123 43,123 43,123 43,123
MODIFICATIONS
053 COMM ELECT MODS......... 14,500 14,500 14,500 14,500
PERSONAL SAFETY & RESCUE
EQUIP
054 PERSONAL SAFETY AND 50,634 47,634 50,634 50,634
RESCUE EQUIPMENT.
Unit cost increase [-3,000]
and early to need.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT EQUIPMENT
057 BASE PROCURED EQUIPMENT. 23,963 23,963 23,963 23,963
058 ENGINEERING AND EOD 34,124 34,124 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT...... 26,439 26,439 26,439 26,439
060 FUELS SUPPORT EQUIPMENT 24,255 24,255 24,255 24,255
(FSE).
061 BASE MAINTENANCE AND 38,986 38,986 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT PROJECTS
063 DARP RC135.............. 26,716 55,716 26,716 26,716
Program increase.... [29,000]
064 DCGS-AF................. 116,055 116,055 116,055 116,055
066 SPECIAL UPDATE PROGRAM.. 835,148 835,148 835,148 835,148
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS..... 18,292,807 18,292,807 18,292,807 18,292,807
SPARES AND REPAIR PARTS
067 SPARES AND REPAIR PARTS. 81,340 81,340 81,340 81,340
TOTAL OTHER 21,342,857 2 21,286,277 4 21,349,957 4 -39,823 4 21,303,034
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA... 32 1,504 32 1,504 32 1,504 32 1,504
045 MAJOR EQUIPMENT, OSD.... 43,705 43,705 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133 133 -1,400 133
SECURITY PROGRAM (ISSP).
Realignment to DISA [-1,400] [-1,400]
for Sharkseer.
Sharkseer transfer.. [-1,400]
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS.... 507 507 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718 4,718 1,400 4,718
SECURITY.
Realignment for [1,400] [1,400]
Sharkseer.
Sharkseer transfer.. [1,400]
009 TELEPORT PROGRAM........ 25,103 25,103 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669 78,669 78,669
ENTERPRISE.
016 JOINT REGIONAL SECURITY 88,000 83,000 88,000 88,000
STACKS (JRSS).
[[Page H9873]]
Program decrease.... [-5,000]
017 JOINT SERVICE PROVIDER.. 107,907 107,907 107,907 107,907
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT......... 8,122 8,122 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT......... 496 496 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS.... 6,905 6,905 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458 1,458 1,458
CYBER.
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
028 THAAD................... 37 425,863 37 425,863 -37,320 37 388,543
THAAD program [-37] [-425,863]
transfer to Army.
Unit cost savings... [-37,320]
029 GROUND BASED MIDCOURSE.. 9,471 9,471 9,471 9,471
031 AEGIS BMD............... 37 600,773 37 600,773 37 600,773 -35,399 37 565,374
SM-3 Block IB [-35,399]
multiyear unit cost
savings.
032 AEGIS BMD............... 96,995 96,995 96,995 96,995
033 BMDS AN/TPY-2 RADARS.... 10,046 10,046 10,046 10,046
034 ARROW 3 UPPER TIER 1 55,000 1 55,000 1 55,000 1 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 1 50,000 1 50,000 1 50,000 1 50,000
MISSILE DEFENSE (SRBMD).
036 AEGIS ASHORE PHASE III.. 1 25,659 1 25,659 1 25,659 1 25,659
037 IRON DOME............... 1 95,000 1 95,000 1 95,000 1 95,000
038 AEGIS BMD HARDWARE AND 36 124,986 36 124,986 36 124,986 36 124,986
SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL ADMINISTRATION 5,030 5,030 5,030 5,030
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
025 VEHICLES................ 211 211 211 211
026 OTHER MAJOR EQUIPMENT... 11,521 11,521 11,521 11,521
MAJOR EQUIPMENT, DODEA
021 AUTOMATION/EDUCATIONAL 1,320 1,320 1,320 1,320
SUPPORT & LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT......... 2,432 2,432 2,432 2,432
MAJOR EQUIPMENT, DMACT
020 MAJOR EQUIPMENT......... 10,961 10,961 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS..... 589,366 589,366 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES AND 172,020 172,020 172,020 172,020
SUSTAINMENT.
054 UNMANNED ISR............ 15,208 15,208 15,208 15,208
055 NON-STANDARD AVIATION... 32,310 32,310 32,310 32,310
056 U-28.................... 10,898 10,898 10,898 10,898
057 MH-47 CHINOOK........... 173,812 170,312 173,812 173,812
Excess growth....... [-3,500]
058 CV-22 MODIFICATION...... 17,256 17,256 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338 5,338 5,338
VEHICLE.
060 PRECISION STRIKE PACKAGE 232,930 232,930 232,930 232,930
061 AC/MC-130J.............. 173,419 153,119 164,619 -8,400 165,019
Realignment to [-8,800]
Future Vertical Lift.
RFCM excess to need. [-3,000]
RFCM realignment to [-8,500] [-8,400]
RDAF FVL.
RFCM schedule delay. [-8,800]
062 C-130 MODIFICATIONS..... 15,582 15,582 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS...... 58,991 58,991 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M..... 279,992 279,992 279,992 279,992
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS.... 100,641 100,641 100,641 100,641
066 DISTRIBUTED COMMON 12,522 12,522 12,522 12,522
GROUND/SURFACE SYSTEMS.
067 OTHER ITEMS <$5M........ 103,910 103,910 103,910 103,910
068 COMBATANT CRAFT SYSTEMS. 33,088 33,088 33,088 33,088
069 SPECIAL PROGRAMS........ 63,467 63,467 63,467 63,467
070 TACTICAL VEHICLES....... 77,832 77,832 77,832 77,832
071 WARRIOR SYSTEMS <$5M.... 298,480 298,480 298,480 298,480
072 COMBAT MISSION 19,702 19,702 19,702 19,702
REQUIREMENTS.
073 GLOBAL VIDEO 4,787 4,787 4,787 4,787
SURVEILLANCE ACTIVITIES.
074 OPERATIONAL ENHANCEMENTS 8,175 8,175 8,175 8,175
INTELLIGENCE.
075 OPERATIONAL ENHANCEMENTS 282,532 282,532 282,532 282,532
CBDP
076 CHEMICAL BIOLOGICAL 162,406 162,406 162,406 162,406
SITUATIONAL AWARENESS.
077 CB PROTECTION & HAZARD 188,188 188,188 188,188 -4,570 183,618
MITIGATION.
Unjustified growth.. [-4,570]
TOTAL PROCUREMENT, 146 5,114,416 146 5,085,616 109 4,679,753 -85,689 146 5,028,727
DEFENSE-WIDE.
JOINT URGENT OPERATIONAL
NEEDS FUND
JOINT URGENT OPERATIONAL
NEEDS FUND
001 JOINT URGENT OPERATIONAL 99,200 99,200 -99,200
NEEDS FUND.
Program decrease.... [-99,200] [-99,200]
TOTAL JOINT URGENT 99,200 99,200 -99,200
OPERATIONAL NEEDS
FUND.
[[Page H9874]]
TOTAL PROCUREMENT.. 73,342 132,343,701 73,275 130,640,508 73,394 135,071,365 41 756,564 73,383 133,100,265
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9875]]
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -------------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV................ 6 54,000 6 54,000 6 54,000 6 54,000
ROTARY
015 CH-47 HELICOPTER........ 25,000 25,000 25,000 25,000
MODIFICATION OF AIRCRAFT
021 MULTI SENSOR ABN RECON 80,260 80,260 80,260 80,260
(MIP).
024 GRCS SEMA MODS (MIP).... 750 750 750 750
026 EMARSS SEMA MODS (MIP).. 22,180 22,180 22,180 22,180
027 UTILITY/CARGO AIRPLANE 8,362 8,362 8,362 8,362
MODS.
029 NETWORK AND MISSION PLAN 10 10 10 10
031 DEGRADED VISUAL 49,450 49,450 49,450
ENVIRONMENT.
Early to need....... [-49,450]
GROUND SUPPORT AVIONICS
037 CMWS.................... 130,219 130,219 130,219 130,219
038 COMMON INFRARED 9,310 9,310 9,310 9,310
COUNTERMEASURES (CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED MISSILE: 12 2,000 12 2,000 12 2,000 12 2,000
LONGBOW HELLFIRE XM2.
TOTAL AIRCRAFT 18 381,541 18 332,091 18 381,541 18 381,541
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
002 M-SHORAD--PROCUREMENT... 27 158,300 27 158,300 27 158,300 27 158,300
003 MSE MISSILE............. 9 37,938 9 37,938 9 37,938 9 37,938
AIR-TO-SURFACE MISSILE
SYSTEM
006 HELLFIRE SYS SUMMARY.... 3,242 236,265 3,242 236,265 3,242 236,265 3,242 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) SYSTEM 25 4,389 25 4,389 25 4,389 25 4,389
SUMMARY.
011 GUIDED MLRS ROCKET 3,364 431,596 3,364 431,596 3,364 431,596 3,364 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 94 130,770 94 130,770 94 130,770 94 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE AERIAL 1,835 83,300 1,835 83,300 1,835 83,300 1,835 83,300
MISSILE SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS............ 7,500 7,500 7,500 7,500
022 MLRS MODS............... 348,000 325,000 348,000 -11,500 336,500
Excess to need...... [-23,000] [-11,500]
TOTAL MISSILE 8,596 1,438,058 8,596 1,415,058 8,596 1,438,058 -11,500 8,596 1,426,558
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT VEHICLES
002 ARMORED MULTI PURPOSE 66 221,638 66 221,638 66 221,638 66 221,638
VEHICLE (AMPV).
MODIFICATION OF TRACKED
COMBAT VEHICLES
003 STRYKER (MOD)........... 4,100 4,100 4,100 4,100
008 IMPROVED RECOVERY 16 80,146 16 80,146 16 80,146 16 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD).... 13,100 13,100 13,100 13,100
WEAPONS & OTHER COMBAT
VEHICLES
015 M240 MEDIUM MACHINE GUN 900 900 900 900
(7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400 2,400 2,400
ANTI-PERSONNEL WEAPONS.
019 MORTAR SYSTEMS.......... 18,941 18,941 18,941 18,941
020 XM320 GRENADE LAUNCHER 526 526 526 526
MODULE (GLM).
023 CARBINE................. 1,183 1,183 1,183 1,183
025 COMMON REMOTELY OPERATED 4,182 4,182 4,182 4,182
WEAPONS STATION.
026 HANDGUN................. 248 248 248 248
MOD OF WEAPONS AND OTHER
COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 82 353,454 82 353,454 82 353,454 82 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES.. 567 567 567 567
002 CTG, 7.62MM, ALL TYPES.. 40 40 40 40
003 CTG, HANDGUN, ALL TYPES. 17 17 17 17
004 CTG, .50 CAL, ALL TYPES. 189 189 189 189
007 CTG, 30MM, ALL TYPES.... 24,900 24,900 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 304 36,052 304 36,052 304 36,052 304 36,052
RANGE M982.
016 ARTILLERY PROPELLANTS, 7,271 7,271 7,271 7,271
FUZES AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 304 148,682 304 148,682 304 148,682 304 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY TACTICAL 26,917 26,917 26,917 26,917
VEHICLES (FHTV).
011 PLS ESP................. 16,941 16,941 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734 62,734 62,734
TACTICAL TRUCK EXT SERV.
[[Page H9876]]
014 TACTICAL WHEELED VEHICLE 50,000 50,000 50,000 50,000
PROTECTION KITS.
015 MODIFICATION OF IN SVC 28,000 28,000 28,000 28,000
EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000 40,000 40,000
TECHNOLOGY MOD IN SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE TACTICAL 6,930 6,930 6,930 6,930
COMMAND COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778 11,778 11,778
NAVIGATION AND TIMING.
032 SMART-T (SPACE)......... 825 825 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, MIDS 350 350 350 350
LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM FOR 1,231 1,231 1,231 1,231
COMBAT CASUALTY CARE.
COMM--INTELLIGENCE COMM
051 CI AUTOMATION 6,200 6,200 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 15,482 20,482 20,482
COMMUNICATIONS.
Insufficient budget [-5,000]
justification.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS..... 55,800 50,800 55,800 55,800
Unjustified growth.. [-5,000]
063 INSTALLATION INFO 75,820 75,820 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)............ 38,613 38,613 38,613 38,613
070 TROJAN (MIP)............ 1,337 1,337 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051 2,051 2,051
(INTEL SPT) (MIP).
075 BIOMETRIC TACTICAL 1,800 1,800 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
082 FAMILY OF PERSISTENT 71,493 31,493 71,493 -40,000 31,493
SURVEILLANCE CAP. (MIP).
Unjustified growth.. [-40,000] [-40,000]
083 COUNTERINTELLIGENCE/ 6,917 6,917 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........... 20,000 20,000 20,000 20,000
086 NIGHT VISION DEVICES.... 3,676 3,676 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL C2
SYSTEMS
103 AIR & MSL DEFENSE 14,331 14,331 14,331 14,331
PLANNING & CONTROL SYS.
ELECT EQUIP--AUTOMATION
112 ARMY TRAINING 6,014 6,014 6,014 6,014
MODERNIZATION.
113 AUTOMATED DATA 32,700 32,700 32,700 32,700
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
124 FAMILY OF NON-LETHAL 25,480 25,480 25,480 25,480
EQUIPMENT (FNLE).
125 BASE DEFENSE SYSTEMS 47,110 47,110 47,110 -7,126 39,984
(BDS).
Unjustified growth.. [-7,126]
126 CBRN DEFENSE............ 18,711 18,711 18,711 -1,250 17,461
Unit cost [-1,250]
discrepancies.
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING....... 4,884 4,884 4,884 4,884
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
133 GRND STANDOFF MINE 4,500 4,500 4,500 -845 3,655
DETECTN SYSM (GSTAMIDS).
Program reduction... [-845]
135 HUSKY MOUNTED DETECTION 34,253 34,253 34,253 -6,182 28,071
SYSTEM (HMDS).
Program reduction... [-6,182]
136 ROBOTIC COMBAT SUPPORT 3,300 3,300 3,300 3,300
SYSTEM (RCSS).
140 RENDER SAFE SETS KITS 84,000 84,000 84,000 84,000
OUTFITS.
COMBAT SERVICE SUPPORT
EQUIPMENT
143 HEATERS AND ECU'S....... 8 8 8 8
145 PERSONNEL RECOVERY 5,101 5,101 5,101 5,101
SUPPORT SYSTEM (PRSS).
146 GROUND SOLDIER SYSTEM... 1,760 1,760 1,760 1,760
148 FORCE PROVIDER.......... 56,400 56,400 56,400 56,400
150 CARGO AERIAL DEL & 2,040 2,040 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 13,986 13,986 13,986 13,986
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT MEDICAL.. 2,735 2,735 2,735 2,735
CONSTRUCTION EQUIPMENT
159 SCRAPERS, EARTHMOVING... 4,669 4,669 4,669 4,669
160 LOADERS................. 380 380 380 380
162 TRACTOR, FULL TRACKED... 8,225 8,225 8,225 8,225
164 HIGH MOBILITY ENGINEER 3,000 3,000 3,000 3,000
EXCAVATOR (HMEE).
166 CONST EQUIP ESP......... 3,870 3,870 3,870 3,870
167 ITEMS LESS THAN $5.0M 350 350 350 350
(CONST EQUIP).
GENERATORS
171 GENERATORS AND 2,436 2,436 2,436 2,436
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS..... 5,152 5,152 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, 2,106 2,106 2,106 2,106
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
[[Page H9877]]
181 INTEGRATED FAMILY OF 1,395 1,395 1,395 1,395
TEST EQUIPMENT (IFTE).
OTHER SUPPORT EQUIPMENT
184 RAPID EQUIPPING SOLDIER 24,122 24,122 24,122 24,122
SUPPORT EQUIPMENT.
185 PHYSICAL SECURITY 10,016 10,016 10,016 10,016
SYSTEMS (OPA3).
187 MODIFICATION OF IN-SVC 33,354 33,354 33,354 33,354
EQUIPMENT (OPA-3).
189 BUILDING, PRE-FAB, 62,654 62,654 62,654 62,654
RELOCATABLE.
TOTAL OTHER PROCUREMENT, 1,131,450 1,081,450 1,131,450 -55,403 1,076,047
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
026 STUASL0 UAV............. 7,921 7,921 7,921 7,921
027 MQ-9A REAPER............ 3 77,000 3 77,000 3 77,000
Unjustified OCO [-3] [-77,000]
request.
MODIFICATION OF AIRCRAFT
036 EP-3 SERIES............. 5,488 5,488 5,488 5,488
046 SPECIAL PROJECT AIRCRAFT 3,498 3,498 3,498 3,498
051 COMMON ECM EQUIPMENT.... 3,406 3,406 3,406 3,406
053 COMMON DEFENSIVE WEAPON 3,274 3,274 3,274 3,274
SYSTEM.
062 QRC..................... 18,458 18,458 18,458 18,458
TOTAL AIRCRAFT 3 119,045 42,045 3 119,045 3 119,045
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
011 JOINT AIR GROUND MISSILE 382 90,966 382 90,966 382 90,966 382 90,966
(JAGM).
015 AERIAL TARGETS.......... 6,500 6,500 6,500 6,500
TOTAL WEAPONS 382 97,466 382 97,466 382 97,466 382 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS... 26,978 26,978 26,978 26,978
002 JDAM.................... 544 12,263 544 12,263 544 12,263 544 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020 45,020 45,020
TYPES.
004 MACHINE GUN AMMUNITION.. 33,577 33,577 33,577 33,577
005 PRACTICE BOMBS.......... 11,903 11,903 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537 537 537
DEMOLITION.
MARINE CORPS AMMUNITION
016 MORTARS................. 1,930 1,930 1,930 1,930
017 DIRECT SUPPORT MUNITIONS 1,172 1,172 1,172 1,172
018 INFANTRY WEAPONS 2,158 2,158 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT MUNITIONS 965 965 965 965
021 ARTILLERY MUNITIONS..... 32,047 32,047 32,047 32,047
TOTAL PROCUREMENT OF 544 204,814 544 204,814 544 204,814 544 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT, NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD PROGRAMS. 5,800 5,800 5,800 5,800
ASW ELECTRONIC EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES.... 2,910 2,910 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500 500 500
EQUIPMENT.
OTHER ORDNANCE SUPPORT
EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173 173 173
VEHICLES.
109 GENERAL PURPOSE TRUCKS.. 408 408 408 408
111 FIRE FIGHTING EQUIPMENT. 785 785 785 785
SUPPLY SUPPORT EQUIPMENT
117 SUPPLY EQUIPMENT........ 100 100 100 100
118 FIRST DESTINATION 510 510 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES SUPPORT 1,090 1,090 1,090 1,090
EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300 1,300 1,300
EQUIPMENT.
TOTAL OTHER PROCUREMENT, 357,600 357,600 357,600 357,600
NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 130 16,919 130 16,919 130 16,919 130 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS............. 3,670 3,670 3,670 3,670
TOTAL PROCUREMENT, 130 20,589 130 20,589 130 20,589 130 20,589
MARINE CORPS.
[[Page H9878]]
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9.................... 9 172,240 9 172,240 9 172,240 9 172,240
018 RQ-20B PUMA............. 18 12,150 18 12,150 18 12,150 18 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT INFRARED 53,335 53,335 53,335 53,335
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS....... 19,800 19,800 19,800 19,800
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560 44,560 44,560
PARTS.
COMMON SUPPORT EQUIPMENT
072 AIRCRAFT REPLACEMENT 7,025 7,025 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 27 309,110 27 309,110 27 309,110 27 309,110
PROCUREMENT, AIR FORCE.
MISSILE PROCUREMENT, AIR
FORCE
TACTICAL
004 JOINT AIR-SURFACE 19 20,900 19 20,900 19 20,900 19 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 2,328 180,771 2,328 180,771 2,328 180,771 2,328 180,771
MISSILE.
TOTAL MISSILE 2,347 201,671 2,347 201,671 2,347 201,671 2,347 201,671
PROCUREMENT, AIR FORCE.
PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS................. 84,960 84,960 84,960 84,960
CARTRIDGES
002 CARTRIDGES.............. 52,642 52,642 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS... 545,309 545,309 545,309 545,309
FLARES
015 FLARES.................. 93,272 93,272 93,272 93,272
FUZES
016 FUZES................... 157,155 157,155 157,155 157,155
SMALL ARMS
017 SMALL ARMS.............. 6,095 6,095 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433 939,433 939,433
AMMUNITION, AIR FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702 9,702 9,702
VEHICLES.
SPECIAL PURPOSE VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE VEHICLES 52,502 52,502 52,502 52,502
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944 2,944 2,944
VEHICLES.
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE SUPPORT 11,837 11,837 11,837 11,837
VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E EQUIPMENT.. 306 306 306 306
052 BASE COMM INFRASTRUCTURE 4,300 4,300 4,300 4,300
PERSONAL SAFETY & RESCUE
EQUIP
054 PERSONAL SAFETY AND 22,200 22,200 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT EQUIPMENT
059 MOBILITY EQUIPMENT...... 26,535 26,535 26,535 26,535
060 FUELS SUPPORT EQUIPMENT 4,040 4,040 4,040 4,040
(FSE).
061 BASE MAINTENANCE AND 20,067 20,067 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS..... 3,209,066 3,209,066 3,209,066 3,209,066
TOTAL OTHER PROCUREMENT, 3,538,098 3,538,098 3,538,098 3,538,098
AIR FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM........ 3,800 3,800 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
027 COUNTER IED & IMPROVISED 4,590 4,590 4,590 4,590
THREAT TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS..... 51,380 51,380 51,380 -5,000 46,380
Program decrease.... [-5,000]
AVIATION PROGRAMS
050 MANNED ISR.............. 5,000 5,000 5,000 5,000
051 MC-12................... 5,000 5,000 5,000 5,000
[[Page H9879]]
052 MH-60 BLACKHAWK......... 28,100 28,100 28,100 28,100
054 UNMANNED ISR............ 8,207 8,207 8,207 8,207
056 U-28.................... 31,500 31,500 31,500 31,500
057 MH-47 CHINOOK........... 37,500 34,500 37,500 37,500
Excess growth....... [-3,000]
059 MQ-9 UNMANNED AERIAL 1,900 1,900 1,900 1,900
VEHICLE.
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M..... 138,252 138,252 138,252 138,252
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS.... 16,500 16,500 16,500 16,500
067 OTHER ITEMS <$5M........ 28 28 28 28
070 TACTICAL VEHICLES....... 2,990 2,990 2,990 2,990
071 WARRIOR SYSTEMS <$5M.... 37,512 37,512 37,512 37,512
072 COMBAT MISSION 10,000 10,000 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL ENHANCEMENTS 7,594 7,594 7,594 7,594
INTELLIGENCE.
075 OPERATIONAL ENHANCEMENTS 45,194 45,194 45,194 45,194
TOTAL PROCUREMENT, 447,047 444,047 447,047 -5,000 442,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........... 415,000 265,000 265,000
Program increase.... [415,000] [265,000]
TOTAL NATIONAL GUARD AND 415,000 265,000 265,000
RESERVE EQUIPMENT.
TOTAL PROCUREMENT....... 12,433 9,688,058 12,430 9,900,608 12,433 9,688,058 193,097 12,433 9,881,155
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9880]]
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -----------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, NAVY
COMMAND SUPPORT EQUIPMENT
122 COMMAND SUPPORT EQUIPMENT 0 233,000 233,000
Earthquake damage [233,000]
recovery.
TOTAL PROCUREMENT, NAVY.. 233,000 233,000
AIRCRAFT PROCUREMENT, AIR
FORCE
TACTICAL FORCES
OTHER AIRCRAFT
055 RC-135................... 0 204,448 204,448
Equipment replacement [204,448]
COMMON SUPPORT EQUIPMENT
072 AIRCRAFT REPLACEMENT 46,000 46,000
SUPPORT EQUIP.
Equipment replacement [46,000]
TOTAL AIRCRAFT 0 250,448 250,448
PROCUREMENT, AIR FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 0 994 994
VEHICLES.
Equipment replacement [994]
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 0 126 126
VEHICLES.
Equipment replacement [126]
SPECIAL PURPOSE VEHICLES
007 SPECIAL PURPOSE VEHICLES. 0 306 306
Equipment replacement [306]
FIRE FIGHTING EQUIPMENT
009 MATERIALS HANDLING 0 276 276
VEHICLES.
Equipment replacement [994]
BASE MAINTENANCE SUPPORT
011 BASE MAINTENANCE SUPPORT 0 2,400 2,400
VEHICLES.
Equipment replacement [994]
BASE SUPPORT EQUIPMENT
057 BASE PROCURED EQUIPMENT.. 0 49,434 49,434
Equipment replacement [49,434]
SPECIAL SUPPORT PROJECTS
063 DARP RC135............... 0 29,438 29,438
Equipment replacement [29,438]
TOTAL OTHER PROCUREMENT, 0 82,974 82,974
AIR FORCE.
TOTAL PROCUREMENT........ 0 566,422 566,422
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9881]]
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 Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES....... 297,976 297,976 302,976 10,000 307,976
................................. Counter UAS University [5,000] [5,000]
Research.
................................. Cyber basic research........ [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES. 65,858 80,858 65,858 10,000 75,858
................................. Base infrastructure [5,000]
longevity and resilience.
................................. Program increase............ [10,000] [10,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 103,164 88,164 9,000 95,164
CENTERS.
................................. 3D printing................. [2,000]
................................. Program increase............ [12,000]
................................. Program increase--artificial [5,000]
intelligence.
................................. Program increase--military [5,000]
medical innovation.
................................. University and industry [4,000]
biotechnology research.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982 9,982 4,982
ALLIANCE.
................................. Cyber basic research........ [5,000]
................................. SUBTOTAL BASIC RESEARCH...... 454,980 486,980 466,980 29,000 483,980
.................................
................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY............ 26,961 26,961 26,961 5,000 31,961
................................. Program increase--next [5,000]
generation air-breathing
propulsion technology.
011 0602142A ARMY APPLIED RESEARCH........... 25,319 25,319 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY.... 115,274 125,274 118,274 13,000 128,274
................................. Expeditionary mobile base [5,000] [5,000]
camp technology.
................................. HEROES program.............. [5,000] [5,000]
................................. UPL MDTF for INDOPACOM...... [3,000] [3,000]
013 0602144A GROUND TECHNOLOGY............... 35,199 45,199 41,699 19,000 54,199
................................. Advanced materials [2,000] [2,000]
manufacturing process.
................................. Biopolymer structural [2,000] [2,000]
materials.
................................. Cellulose structural [2,500] [5,000]
materials.
................................. High performance polymers [5,000] [5,000]
research.
................................. Manufacturing research [5,000] [5,000]
technology.
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047 234,047 6,000 225,047
TECHNOLOGY.
................................. Structural thermoplastics... [6,000] [6,000]
................................. Support operational energy [15,000]
development and testing.
015 0602146A NETWORK C3I TECHNOLOGY.......... 114,516 120,016 114,516 2,500 117,016
................................. Assured PNT lab............. [3,000]
................................. Next generation SAR small [2,500] [2,500]
sat.
016 0602147A LONG RANGE PRECISION FIRES 74,327 79,327 86,327 12,000 86,327
TECHNOLOGY.
................................. Composite tube and [10,000] [10,000]
propulsion technology.
................................. NextGen propulsion cycle [5,000]
artillery range extension.
................................. Novel printed armament [2,000] [2,000]
components.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY. 93,601 96,601 93,601 3,000 96,601
................................. Program increase............ [3,000] [3,000]
018 0602150A AIR AND MISSILE DEFENSE 50,771 50,771 50,771 50,771
TECHNOLOGY.
020 0602213A C3I APPLIED CYBER............... 18,947 18,947 23,947 18,947
................................. Cyber research.............. [5,000]
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 20,873 20,873
TECHNOLOGY.
040 0602787A MEDICAL TECHNOLOGY.............. 99,155 106,955 102,155 9,800 108,955
................................. Female warfighter [3,000] [2,000]
performance research.
................................. Musculoskeletal injury [4,800]
prevention research.
................................. Musculoskeletal injury risk [4,800]
mitigation.
................................. Program increase............ [3,000] [3,000]
[[Page H9882]]
................................. SUBTOTAL APPLIED RESEARCH.... 893,990 951,290 938,490 70,300 964,290
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
041 0603001A WARFIGHTER ADVANCED TECHNOLOGY.. 5,000
................................. Expeditionary maneuver [5,000]
support technologies.
042 0603002A MEDICAL ADVANCED TECHNOLOGY..... 42,030 42,030 42,030 42,030
047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038 11,038 11,038
ADVANCED TECHNOLOGY.
050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338 63,338 63,338
DEVELOPMENT.
051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468 118,468 10,000 128,468
TECHNOLOGY.
................................. Improvement of combat helmet [5,000] [5,000]
suspension systems.
................................. Thermal mitigation [5,000] [5,000]
technologies.
052 0603119A GROUND ADVANCED TECHNOLOGY...... 12,593 17,593 32,593 23,000 35,593
................................. 100 hour battery............ [10,000] [10,000]
................................. Computational manufacturing [2,000]
engineering.
................................. Ground advanced technology [5,000] [5,000]
for cold regions.
................................. Lightweight protective and [3,000] [3,000]
hardening materials.
................................. Robotic construction [5,000] [5,000]
research.
059 0603457A C3I CYBER ADVANCED DEVELOPMENT.. 13,769 13,769 13,769 13,769
060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755 184,755 40,000 224,755
MODERNIZATION PROGRAM.
................................. Program increase............ [40,000] [40,000]
061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 170,035 185,035 14,000 174,035
ADVANCED TECHNOLOGY.
................................. Ground vehicle sustainment [5,000] [4,000]
research.
................................. Hydrogen fuel cell [20,000]
propulsion & autonomous
driving controls.
................................. Program increase--hydrogen [10,000] [10,000]
fuel cells.
062 0603463A NETWORK C3I ADVANCED TECHNOLOGY. 106,899 103,899 106,899 -3,000 103,899
................................. Underexecution.............. [-3,000] [-3,000]
063 0603464A LONG RANGE PRECISION FIRES 174,386 179,386 178,386 9,000 183,386
ADVANCED TECHNOLOGY.
................................. Hypersonics research........ [4,000] [4,000]
................................. Program increase missile [5,000] [5,000]
demonstrations.
064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 146,640 151,640 151,640
TECHNOLOGY.
................................. Excess to need.............. [-5,000]
065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613 60,613 60,613
TECHNOLOGY.
................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,166,564 1,148,564 93,000 1,192,564
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 30,987 10,987 8,000 18,987
INTEGRATION.
................................. Conventional mission [10,000] [8,000]
capabilities.
................................. System lab integration [10,000]
improvements.
074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148 15,148 15,148
ENGINEERING.
075 0603619A LANDMINE WARFARE AND BARRIER-- 92,915 92,915 92,915 92,915
ADV DEV.
077 0603639A TANK AND MEDIUM CALIBER 82,146 82,146 82,146 82,146
AMMUNITION.
078 0603645A ARMORED SYSTEM MODERNIZATION-- 157,656 157,656 157,656 157,656
ADV DEV.
079 0603747A SOLDIER SUPPORT AND 6,514 6,514 6,514 6,514
SURVIVABILITY.
080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 37,890 34,890 34,890
SYSTEM--ADV DEV.
................................. Mobile ground terminal...... [3,000]
081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 206,011 251,011 -28,220 222,791
DEVELOPMENT.
................................. IVAS insufficient [-45,000] [-28,220]
justification.
082 0603779A ENVIRONMENTAL QUALITY 15,132 15,132 15,132 15,132
TECHNOLOGY--DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT... 5,406 5,406 5,406 5,406
084 0603801A AVIATION--ADV DEV............... 459,290 443,340 534,890 75,600 534,890
................................. Early to need............... [-15,950]
................................. Program increase: Future [75,600]
long-range assault aircraft.
................................. UPL FVL CS3 program increase [75,600]
085 0603804A LOGISTICS AND ENGINEER 6,254 6,254 6,254 6,254
EQUIPMENT--ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV........ 31,175 31,175 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT............ 115,222 115,222 115,222 -27,000 88,222
................................. Early to need............... [-27,000]
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES........ 10,023 10,023 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED 40,745 40,745 40,745 -5,000 35,745
AIRCRAFT SYSTEM (FTUAS).
................................. Program adjustment.......... [-5,000]
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 427,772 427,772 -48,000 379,772
(LTAMD) SENSOR.
................................. Rapid prototyping excess [-48,000]
funding.
094 0604115A TECHNOLOGY MATURATION 196,676 161,676 196,676 -35,000 161,676
INITIATIVES.
[[Page H9883]]
................................. Insufficient schedule detail [-35,000] [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR 33,100 29,100 33,100 -3,700 29,400
DEFENSE (M-SHORAD).
................................. Excess testing cost......... [-4,000] [-3,700]
097 0604119A ARMY ADVANCED COMPONENT 115,116 105,116 115,116 -11,785 103,331
DEVELOPMENT & PROTOTYPING.
................................. Early to need............... [-10,000] [-11,785]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761 136,761 -25,000 111,761
REFINEMENT & PROTOTYPING.
................................. Early to need (IVAS)........ [-25,000] [-25,000]
100 0604182A HYPERSONICS..................... 228,000 259,000 358,610 161,610 389,610
................................. Transfer from RDTE Defense- [31,000] [31,000]
Wide, line 124.
................................. UPL accelerate Hypersonic [130,610] [130,610]
Weapons System.
102 0604403A FUTURE INTERCEPTOR.............. 8,000 8,000 8,000 -8,000
................................. Early to need............... [-8,000]
103 0604541A UNIFIED NETWORK TRANSPORT....... 39,600 30,600 39,600 -9,900 29,700
................................. Early to need............... [-9,000] [-9,900]
104 0604644A MOBILE MEDIUM RANGE MISSILE..... 20,000 20,000 -10,000 10,000
................................. Program decrease............ [-20,000] [-10,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062 192,562 -42,500 150,062
AND TIMING (PNT).
................................. Project cancellation........ [-42,500] [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.. 104,996 54,996 104,996 104,996
................................. Program delay............... [-50,000]
................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,726,905 3,135,565 -8,895 2,920,460
DEVELOPMENT & PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT &
DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS............... 29,164 29,164 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.. 70,539 70,539 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS........ 106,121 125,321 126,021 106,121
................................. Army unfunded priority--NGSW [19,200]
program increase.
................................. UPL Next Generation Squad [19,900]
Weapon--Automatic Rifle.
114 0604604A MEDIUM TACTICAL VEHICLES........ 2,152 2,152 2,152 2,152
115 0604611A JAVELIN......................... 17,897 16,397 17,897 -1,842 16,055
................................. Qualification testing early [-1,500] [-1,842]
to need.
116 0604622A FAMILY OF HEAVY TACTICAL 16,745 16,745 16,745 16,745
VEHICLES.
117 0604633A AIR TRAFFIC CONTROL............. 6,989 6,989 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES. 10,465 10,465 10,465 -7,500 2,965
................................. Program reduction........... [-7,500]
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 295,152 310,152 -16,188 293,964
(ASM)--ENG DEV.
................................. Program delay............... [-15,000] [-16,188]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV... 181,732 166,732 181,732 -15,000 166,732
................................. Insufficient justification [-15,000] [-15,000]
(IVAS).
121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393 2,393 2,393
EQUIPMENT.
122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412 27,412 27,412
DEV.
123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 38,502 43,502 43,502
INTELLIGENCE--ENG DEV.
................................. Historical underexecution... [-5,000]
124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636 11,636 11,636
DEVELOPMENT.
125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915 10,915 10,915
DEVELOPMENT.
126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801 7,801 7,801
SIMULATIONS (DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000 25,000 -5,000 20,000
(BAT).
................................. PFAL excess................. [-5,000] [-5,000]
128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241 9,241 9,241
(CATT) CORE.
129 0604798A BRIGADE ANALYSIS, INTEGRATION 42,634 38,634 42,634 -4,331 38,303
AND EVALUATION.
................................. RCO support excess.......... [-4,000] [-4,331]
130 0604802A WEAPONS AND MUNITIONS--ENG DEV.. 181,023 181,023 181,023 181,023
131 0604804A LOGISTICS AND ENGINEER 103,226 103,226 103,226 103,226
EQUIPMENT--ENG DEV.
132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595 12,595 12,595
SYSTEMS--ENG DEV.
133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264 48,264 48,264
BIOLOGICAL DEFENSE EQUIPMENT--
ENG DEV.
134 0604808A LANDMINE WARFARE/BARRIER--ENG 39,208 39,208 39,208 39,208
DEV.
135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137 140,637 -2,500 138,137
HARDWARE & SOFTWARE.
................................. CPI2 testing previously [-2,500] [-2,500]
funded.
136 0604820A RADAR DEVELOPMENT............... 105,243 105,243 105,243 105,243
137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 41,683 46,683 46,683
SYSTEM (GFEBS).
................................. Program decrease............ [-5,000]
138 0604823A FIREFINDER...................... 17,294 17,294 17,294 17,294
139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL 5,803 4,803 5,803 5,803
[[Page H9884]]
................................. Historical underexecution... [-1,000]
140 0604852A SUITE OF SURVIVABILITY 98,698 128,698 98,698 20,000 118,698
ENHANCEMENT SYSTEMS--EMD.
................................. Program increase for vehicle [30,000] [30,000]
active protection system
evaluation.
................................. Program reduction........... [-10,000]
141 0604854A ARTILLERY SYSTEMS--EMD.......... 15,832 10,832 15,832 15,832
................................. Mobile howitzer testing [-5,000]
early to need.
142 0605013A INFORMATION TECHNOLOGY 126,537 126,537 126,537 -55,000 71,537
DEVELOPMENT.
................................. Historical underexecution... [-10,000]
................................. Program decrease............ [-45,000]
143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 94,773 -50,700 92,073
SYSTEM-ARMY (IPPS-A).
................................. Poor business process [-142,773] [-50,700]
reengineering.
................................. Program decrease............ [-48,000]
144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 96,730 96,730 -4,600 92,130
(AMPV).
................................. Program reduction........... [-4,600]
145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699 6,699 6,699
SURVEILLANCE RESPONSE
CAPABILITY (IGSSR-C).
146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882 15,882 15,882
(JTNC).
147 0605031A JOINT TACTICAL NETWORK (JTN).... 40,808 40,808 40,808 40,808
149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847 3,847 3,847
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
150 0605034A TACTICAL SECURITY SYSTEM (TSS).. 6,928 6,928 6,928 6,928
151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488 34,488 34,488
(CIRCM).
152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000 10,000 10,000
DESTRUCTION (CWMD).
154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054 6,054 6,054
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 62,262 62,262 62,262 -16,600 45,662
................................. Contract delays............. [-10,000]
................................. Excess growth............... [-6,600]
156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 28,654 35,654 -6,400 29,254
(LOW-TIER).
................................. Excess growth............... [-7,000] [-6,400]
157 0605047A CONTRACT WRITING SYSTEM......... 19,682 19,682 19,682
................................. Program duplication......... [-19,682]
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY 64,557 64,557 64,557 64,557
DEVELOPMENT.
160 0605052A INDIRECT FIRE PROTECTION 243,228 243,228 149,628 -6,800 236,428
CAPABILITY INC 2--BLOCK 1.
................................. EMAM development ahead of [-124,200] [-6,800]
need.
................................. Iron Dome testing and [20,600]
delivery.
................................. UPL Multi-Domain Artillery.. [10,000]
161 0605053A GROUND ROBOTICS................. 41,308 41,308 28,508 -12,800 28,508
................................. Army requested realignment.. [-12,800]
................................. Excess to requirement....... [-12,800]
162 0605054A EMERGING TECHNOLOGY INITIATIVES. 45,896 41,896 45,896 -14,280 31,616
................................. Testing and evaluation [-4,000] [-4,280]
excess growth.
................................. Unjustified request......... [-10,000]
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE 9,500 9,500 9,500 9,500
(JAGM).
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 203,938 208,938 -15,000 193,938
DEFENSE (AIAMD).
................................. Testing and evaluation [-5,000] [-15,000]
excess growth.
167 0605625A MANNED GROUND VEHICLE........... 378,400 378,400 418,400 -150,000 228,400
................................. Program decrease............ [-150,000]
................................. UPL NGCV 50mm gun........... [40,000]
168 0605766A NATIONAL CAPABILITIES 7,835 9,835 7,835 7,835
INTEGRATION (MIP).
................................. Mobile ground terminal...... [2,000]
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232 7,232 4,500 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
................................. Army requested realignment.. [4,500]
................................. Army requested realignment [4,500] [4,500]
from OPA 7.
170 0605830A AVIATION GROUND SUPPORT 1,664 1,664 1,664 1,664
EQUIPMENT.
172 0303032A TROJAN--RH12.................... 3,936 3,936 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.. 19,675 19,675 19,675 19,675
................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,482,131 3,344,976 -360,041 3,189,390
DEMONSTRATION.
.................................
................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT.... 14,117 14,117 16,117 2,000 16,117
................................. Cybersecurity threat [2,000] [2,000]
simulation.
[[Page H9885]]
177 0604258A TARGET SYSTEMS DEVELOPMENT...... 8,327 8,327 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT............ 136,565 136,565 136,565 136,565
179 0605103A RAND ARROYO CENTER.............. 13,113 13,113 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL............ 238,691 226,691 238,691 238,691
................................. Program decrease............ [-12,000]
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM 42,922 42,922 42,922 -6,000 36,922
................................. Program reduction........... [-6,000]
183 0605601A ARMY TEST RANGES AND FACILITIES. 334,468 334,468 349,468 334,468
................................. Directed energy test [15,000]
capabilities.
184 0605602A ARMY TECHNICAL TEST 46,974 51,974 46,974 5,000 51,974
INSTRUMENTATION AND TARGETS.
................................. Program increase--space and [5,000] [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS 35,075 35,075 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION.......... 3,461 3,461 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS....... 21,342 21,342 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS... 11,168 11,168 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.. 52,723 52,723 52,723 52,723
191 0605716A ARMY EVALUATION CENTER.......... 60,815 60,815 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES.......... 58,175 61,175 58,175 58,175
................................. Program increase for [3,000]
transition costs.
194 0605803A TECHNICAL INFORMATION ACTIVITIES 25,060 25,060 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 49,458 44,458 44,458
EFFECTIVENESS AND SAFETY.
................................. Advanced lightweight small [5,000]
arms and medium caliber
ammunition.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291 4,291 4,291
TECHNOLOGY.
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS 4,500 4,500 4,500 4,500
CYBER VULNERABILITIES.
................................. SUBTOTAL RDT&E MANAGEMENT 1,286,625 1,287,625 1,303,625 1,000 1,287,625
SUPPORT.
.................................
................................. OPERATIONAL SYSTEMS DEVELOPMENT
................................. UNDISTRIBUTED
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 22,877 17,877 22,877 -3,000 19,877
................................. HIMARS excess growth........ [-5,000] [-3,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.. 8,491 8,491 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES 164,182 164,182 164,182 164,182
(LRPF).
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 174,371 174,371 -6,000 168,371
PROGRAM.
................................. Program reduction........... [-6,000]
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 4,545 4,545 -4,545
PROGRAM.
................................. Program reduction........... [-4,545]
214 0607139A IMPROVED TURBINE ENGINE PROGRAM. 206,434 206,434 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 14,221 24,221 -3,091 21,130
IMPROVEMENT AND DEVELOPMENT.
................................. Integrated munitions [-10,000] [-3,091]
launcher early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM 32,016 32,016 32,016 -6,500 25,516
UNIVERSAL PRODUCTS.
................................. Program reduction........... [-6,500]
218 0607145A APACHE FUTURE DEVELOPMENT....... 5,448 448 5,448 -5,000 448
................................. Unjustified request......... [-5,000] [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS............ 1,702 1,702 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT..... 96,430 96,430 96,430 -32,800 63,630
................................. Excess growth............... [-32,800]
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 324,463 334,463 -43,918 290,545
PROGRAMS.
................................. Early to need............... [-10,000] [-41,918]
................................. Program support excess [-2,000]
growth.
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 214,246 214,246 -21,500 192,746
IMPROVEMENTS.
................................. Program reduction........... [-21,500]
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 11,986 16,486 -2,708 13,778
IMPROVEMENT PROGRAMS.
................................. Excess to need.............. [-4,500] [-2,708]
[[Page H9886]]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION.................... 5,270 5,270 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287 1,287 1,287
IMPROVEMENT PROGRAM.
230 0203802A OTHER MISSILE PRODUCT 24,100
IMPROVEMENT PROGRAMS.
................................. UPL CD ATACMS............... [24,100]
234 0205412A ENVIRONMENTAL QUALITY 732 732 732 732
TECHNOLOGY--OPERATIONAL SYSTEM
DEV.
235 0205456A LOWER TIER AIR AND MISSILE 107,746 107,746 107,746 -8,000 99,746
DEFENSE (AMD) SYSTEM.
................................. Testing excess to need...... [-8,000]
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594 138,594 -10,000 128,594
SYSTEM (GMLRS).
................................. Testing excess to need...... [-10,000] [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM.... 68,976 58,976 68,976 -20,600 48,376
................................. Program decrease............ [-10,000] [-20,600]
241 0303150A WWMCCS/GLOBAL COMMAND AND 2,073 2,073 2,073 2,073
CONTROL SYSTEM.
245 0305179A INTEGRATED BROADCAST SERVICE 459 459 459 459
(IBS).
246 0305204A TACTICAL UNMANNED AERIAL 5,097 5,097 5,097 5,097
VEHICLES.
247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS. 11,177 11,177 11,177 11,177
248 0305208A DISTRIBUTED COMMON GROUND/ 38,121 38,121 38,121 38,121
SURFACE SYSTEMS.
250 0305232A RQ-11 UAV....................... 3,218 3,218 3,218 3,218
251 0305233A RQ-7 UAV........................ 7,817 7,817 7,817 7,817
252 0307665A BIOMETRICS ENABLED INTELLIGENCE. 2,000 2,000 2,000 2,000
253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 64,848 62,848 8,000 67,848
ACTIVITIES.
................................. Nanoscale materials [3,000] [3,000]
manufacturing.
................................. Program increase--additive [5,000] [5,000]
manufacturing technology
insertion.
254 1203142A SATCOM GROUND ENVIRONMENT 34,169 34,169 34,169 34,169
(SPACE).
255 1208053A JOINT TACTICAL GROUND SYSTEM.... 10,275 10,275 10,275 10,275
255A 9999999999 CLASSIFIED PROGRAMS............. 7,273 7,273 7,273 7,273
................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,929,326 2,005,926 -159,662 1,819,164
DEVELOPMENT.
................................. SUBTOTAL UNDISTRIBUTED....... -49,500 27,100 -159,662 -159,662
.................................
................................. TOTAL RESEARCH, 12,192,771 12,030,821 12,344,126 -335,298 11,857,473
DEVELOPMENT, TEST & EVAL,
ARMY.
.................................
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES. 116,850 136,850 131,850 30,000 146,850
................................. Advanced radar research..... [5,000] [5,000]
................................. Cyber basic research........ [10,000] [10,000]
................................. Defense University research [5,000] [5,000]
initiatives.
................................. Digital radar research...... [5,000]
................................. Program increase............ [10,000] [10,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121 19,121 19,121
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES....... 470,007 470,007 470,007 470,007
................................. SUBTOTAL BASIC RESEARCH...... 605,978 625,978 620,978 30,000 635,978
.................................
................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED 18,546 25,546 18,546 7,000 25,546
RESEARCH.
................................. Hypersonic testing [7,000] [7,000]
facilities.
005 0602123N FORCE PROTECTION APPLIED 119,517 162,517 136,017 46,500 166,017
RESEARCH.
................................. Autonomous vehicle [10,000]
collaboration across
maritime domains.
................................. Carbon capture.............. [8,000] [8,000]
................................. Cyber-physical research..... [8,000]
................................. Electric propulsion research [2,500] [2,500]
................................. Energy resilience........... [5,000] [5,000]
................................. Energy resilience research.. [3,000] [3,000]
................................. Hybrid composite struct. [5,000] [5,000]
res. enhanced mobility.
................................. Navy power and energy [5,000] [5,000]
systems technology.
................................. Program increase............ [10,000] [10,000]
................................. Program reduction........... [-5,000]
................................. Test bed for autonomous ship [8,000] [8,000]
systems.
006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604 59,604 5,000 61,604
TECHNOLOGY.
................................. Interdisciplinary [3,000]
cybersecurity.
................................. Interdisciplinary [5,000] [5,000]
expeditionary cybersecurity
research.
007 0602235N COMMON PICTURE APPLIED RESEARCH. 49,297 49,297 44,297 -5,000 44,297
[[Page H9887]]
................................. Coordinate space activities. [-5,000] [-5,000]
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 68,825 65,825 63,825
RESEARCH.
................................. Warfighter safety and [5,000]
performance.
................................. Warfighter safety and [2,000]
performance research.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497 78,497 83,497
RESEARCH.
................................. Coordinate EW activities.... [-5,000]
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894 63,894 63,894
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346 6,346 6,346
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED 57,075 77,075 64,575 17,000 74,075
RESEARCH.
................................. Academic partnerships for [10,000] [7,500] [10,000]
undersea vehicle research.
................................. Resident autonomous undersea [10,000] [7,000]
robotics.
013 0602750N FUTURE NAVAL CAPABILITIES 154,755 154,755 154,755 154,755
APPLIED RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES 153,062 153,062 153,062 153,062
(INP) APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY 73,961 73,961 73,961 73,961
MANAGEMENT--ONR FIELD
ACITIVITIES.
................................. SUBTOTAL APPLIED RESEARCH.... 936,453 1,016,453 955,453 70,500 1,006,953
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847 176,847 5,000 177,847
DEMONSTRATION (ATD).
................................. Consolidate efforts in AI/ML [-5,000]
with Joint Force.
................................. Program increase--modular [5,000] [5,000]
advanced armed robotic
system.
................................. UPL MUDLAN program increase. [9,000]
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES 231,907 231,907 231,907 231,907
ADVANCED TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM 60,138 80,138 60,138 5,000 65,138
................................. Program increase............ [20,000] [5,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES 133,303 176,303 128,303 17,027 150,330
(INP) ADVANCED TECHNOLOGY
DEVELOPMENT.
................................. Electromagnetic railgun..... [20,350] [10,000]
................................. Funds excess to requirements [-7,973]
................................. Program increase............ [22,650] [15,000]
................................. Reduce electronic maneuver.. [-5,000]
................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 810,210 741,210 27,027 769,237
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS. 32,643 32,643 38,643 6,000 38,643
................................. Program increase for 1 REMUS [6,000] [6,000]
600 vehicle.
029 0603216N AVIATION SURVIVABILITY.......... 11,919 11,919 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS................ 1,473 1,473 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT......... 7,172 7,172 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,419 3,419 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS 64,694 64,694 64,694 64,694
TECHNOLOGY.
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 312,200 134,500 -196,500 310,500
COUNTERMEASURES.
................................. Excess procurement ahead of [-372,500]
satisfactory testing.
................................. LUSV Design Contracts early [-29,100]
to need.
................................. LUSV GFE early to need...... [-79,200]
................................. LUSV program decrease....... [-43,000]
................................. MUSV program increase....... [43,000]
................................. Reduce one LUSV............. [-86,500] [-86,500]
................................. VLS concept design and LLTM [-110,000]
early to need.
035 0603506N SURFACE SHIP TORPEDO DEFENSE.... 15,800 15,800 15,800 -8,558 7,242
................................. Excess sundown costs........ [-8,558]
036 0603512N CARRIER SYSTEMS DEVELOPMENT..... 4,997 4,997 4,997 4,997
037 0603525N PILOT FISH...................... 291,148 291,148 291,148 -104,820 186,328
................................. Program adjustment.......... [-104,820]
038 0603527N RETRACT LARCH................... 11,980 11,980 11,980 11,980
039 0603536N RETRACT JUNIPER................. 129,163 129,163 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL............ 689 689 689 689
[[Page H9888]]
041 0603553N SURFACE ASW..................... 1,137 1,137 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 148,756 153,756 -28,710 120,046
DEVELOPMENT.
................................. Program decrease............ [-19,000]
................................. Project 2033: Test site [5,000]
emergent repairs.
................................. Project 9710: Unjustified [-9,710]
new start.
043 0603562N SUBMARINE TACTICAL WARFARE 11,192 11,192 11,192 11,192
SYSTEMS.
044 0603563N SHIP CONCEPT ADVANCED DESIGN.... 81,846 67,846 57,846 -24,000 57,846
................................. Early to need............... [-24,000]
................................. Future surface combatant [-24,000] [-24,000]
concept development.
................................. Program increase............ [5,000]
................................. Program increase--moving [5,000]
target defense.
045 0603564N SHIP PRELIMINARY DESIGN & 69,084 59,084 22,484 -46,500 22,584
FEASIBILITY STUDIES.
................................. Early to need............... [-46,600] [-46,500]
................................. Program decrease............ [-10,000]
046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.. 181,652 181,652 181,652 181,652
047 0603573N ADVANCED SURFACE MACHINERY 25,408 30,408 150,408 130,000 155,408
SYSTEMS.
................................. Program increase............ [5,000] [5,000]
................................. Surface combatant component- [125,000] [125,000]
level prototyping.
048 0603576N CHALK EAGLE..................... 64,877 64,877 64,877 64,877
049 0603581N LITTORAL COMBAT SHIP (LCS)...... 9,934 9,934 9,934 9,934
050 0603582N COMBAT SYSTEM INTEGRATION....... 17,251 17,251 17,251 17,251
051 0603595N OHIO REPLACEMENT................ 419,051 419,051 434,051 15,000 434,051
................................. Accelerate advanced [15,000] [15,000]
propulsor development.
052 0603596N LCS MISSION MODULES............. 108,505 108,505 103,505 -2,910 105,595
................................. Available prior year funds [-5,000] [-2,910]
due to SUW MP testing delay.
053 0603597N AUTOMATED TEST AND ANALYSIS..... 7,653 7,653 7,653 7,653
054 0603599N FRIGATE DEVELOPMENT............. 59,007 59,007 59,007 59,007
055 0603609N CONVENTIONAL MUNITIONS.......... 9,988 9,988 9,988 9,988
056 0603635M MARINE CORPS GROUND COMBAT/ 86,464 11,464 86,464 -69,987 16,477
SUPPORT SYSTEM.
................................. Insufficient justification [-75,000] [-69,987]
and contract delay.
057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478 33,478 33,478
DEVELOPMENT.
058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619 5,619 5,619
DEVELOPMENT.
059 0603721N ENVIRONMENTAL PROTECTION........ 20,564 20,564 20,564 20,564
060 0603724N NAVY ENERGY PROGRAM............. 26,514 49,514 26,514 23,000 49,514
................................. Battery development and [13,000] [13,000]
safety enterprise.
................................. Marine energy systems for [10,000] [10,000]
sensors and microgrids.
061 0603725N FACILITIES IMPROVEMENT.......... 3,440 3,440 3,440 3,440
062 0603734N CHALK CORAL..................... 346,800 346,800 346,800 -36,400 310,400
................................. Insufficient budget [-36,400]
justification.
063 0603739N NAVY LOGISTIC PRODUCTIVITY...... 3,857 3,857 3,857 3,857
064 0603746N RETRACT MAPLE................... 258,519 258,519 258,519 258,519
065 0603748N LINK PLUMERIA................... 403,909 403,909 403,909 -7,400 396,509
................................. Insufficient budget [-7,400]
justification.
066 0603751N RETRACT ELM..................... 63,434 63,434 63,434 63,434
067 0603764N LINK EVERGREEN.................. 184,110 184,110 184,110 184,110
068 0603790N NATO RESEARCH AND DEVELOPMENT... 7,697 7,697 7,697 7,697
069 0603795N LAND ATTACK TECHNOLOGY.......... 9,086 9,086 9,086 9,086
070 0603851M JOINT NON-LETHAL WEAPONS TESTING 28,466 28,466 28,466 28,466
071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341 51,341 51,341
LANDING SYSTEMS--DEM/VAL.
072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169 118,169 118,169
WEAPON SYSTEMS.
073 0604014N F/A -18 INFRARED SEARCH AND 113,456 112,456 113,456 -1,000 112,456
TRACK (IRST).
................................. Program delay............... [-1,000] [-1,000]
074 0604027N DIGITAL WARFARE OFFICE.......... 50,120 50,120 50,120 -25,000 25,120
................................. Artificial intelligence [-10,000]
development operations
unjustified growth.
................................. Program decrease............ [-15,000]
075 0604028N SMALL AND MEDIUM UNMANNED 32,527 32,527 32,527 32,527
UNDERSEA VEHICLES.
076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376 54,376 54,376
TECHNOLOGIES.
077 0604030N RAPID PROTOTYPING, 36,197 36,197 36,197 36,197
EXPERIMENTATION AND
DEMONSTRATION..
078 0604031N LARGE UNMANNED UNDERSEA VEHICLES 68,310 59,810 68,310 68,310
................................. Early to need............... [-8,500]
079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 121,310 121,310 -9,000 112,310
AIRCRAFT CARRIER (CVN 78--80).
................................. Integrated digital [-9,000]
shipbuilding insufficient
budget justification.
080 0604126N LITTORAL AIRBORNE MCM........... 17,248 17,248 17,248 17,248
[[Page H9889]]
081 0604127N SURFACE MINE COUNTERMEASURES.... 18,735 18,735 18,735 18,735
082 0604272N TACTICAL AIR DIRECTIONAL 68,346 58,346 68,346 -9,897 58,449
INFRARED COUNTERMEASURES
(TADIRCM).
................................. Excess to need.............. [-10,000] [-9,897]
084 0604289M NEXT GENERATION LOGISTICS....... 4,420 4,420 13,420 9,000 13,420
................................. Additive manufacturing [9,000] [9,000]
logistics software pilot.
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558 4,558 4,558
PROTOTYPE.
086 0604454N LX (R).......................... 12,500 12,500 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING... 181,967 174,437 181,967 181,967
................................. ORCA XLUUV prior year [-7,530]
carryover.
088 0604636N COUNTER UNMANNED AIRCRAFT 5,500 5,500 5,500 5,500
SYSTEMS (C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 638,148 723,148 -30,000 688,148
DEVELOPMENT PROGRAM.
................................. Excess growth............... [-80,000] [-30,000]
................................. Increase for SLCM-N AOA..... [5,000]
090 0604707N SPACE AND ELECTRONIC WARFARE 5,263 5,263 5,263 5,263
(SEW) ARCHITECTURE/ENGINEERING
SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP.... 9,991 9,991 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657 21,157 18,500 39,657
AIRCRAFT SYSTEM.
................................. KMAX Large Unmanned [18,500] [18,500]
Logistics System USMC
unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609 609 609
MIP.
................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,204,732 5,275,962 -399,182 5,159,880
DEVELOPMENT & PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT &
DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT........ 15,514 15,514 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT.......... 28,835 28,835 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV......... 27,441 27,441 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT........... 3,642 3,642 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM.......... 8,601 8,601 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM......... 77,232 77,232 77,232 77,232
106 0604234N ADVANCED HAWKEYE................ 232,752 232,752 232,752 232,752
107 0604245M H-1 UPGRADES.................... 65,359 64,859 65,359 65,359
................................. Support cost growth......... [-500]
109 0604261N ACOUSTIC SEARCH SENSORS......... 47,013 47,013 47,013 47,013
110 0604262N V-22A........................... 185,105 172,105 190,605 5,000 190,105
................................. Excess to need.............. [-13,000]
................................. Increase reliability and [5,500] [5,000]
reduce vibrations of V-22
nacelles.
111 0604264N AIR CREW SYSTEMS DEVELOPMENT.... 21,172 21,172 21,172 21,172
112 0604269N EA-18........................... 143,585 123,585 143,585 -10,000 133,585
................................. Unjustified cost growth..... [-20,000] [-10,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.. 116,811 109,651 116,811 -7,160 109,651
................................. Unjustified request......... [-7,160] [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT...... 187,436 187,436 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ).... 524,261 443,261 524,261 -76,000 448,261
................................. Underexecution.............. [-81,000] [-76,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM-- 192,345 190,845 192,345 -1,500 190,845
NAVY (JTRS-NAVY).
................................. Early to need............... [-1,500] [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 111,068 111,068 -20,146 90,922
INCREMENT II.
................................. Program reduction........... [-20,146]
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 415,625 415,625 -1,941 413,684
ENGINEERING.
................................. Aegis development support [-1,941]
studies and analysis early
to need.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION 640 640 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)....... 50,096 50,096 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS... 232,391 232,391 232,391 232,391
123 0604373N AIRBORNE MCM.................... 10,916 10,916 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS.... 34,554 34,554 34,554 34,554
126 0604503N SSN-688 AND TRIDENT 84,663 84,663 84,663 84,663
MODERNIZATION.
127 0604504N AIR CONTROL..................... 44,923 44,923 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS...... 10,632 10,632 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094 16,094 16,094
CONVERSION.
[[Page H9890]]
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 55,349 55,349 -3,000 52,349
(AMDR) SYSTEM.
................................. Engineering changes testing [-3,000]
and evaluation early to need.
131 0604530N ADVANCED ARRESTING GEAR (AAG)... 123,490 123,490 123,490 123,490
132 0604558N NEW DESIGN SSN.................. 121,010 121,010 121,010 100,000 221,010
................................. Accelerate capability [100,000]
development.
133 0604562N SUBMARINE TACTICAL WARFARE 62,426 62,426 62,426 62,426
SYSTEM.
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 56,809 46,809 46,809
T&E.
................................. Program increase............ [10,000]
135 0604574N NAVY TACTICAL COMPUTER RESOURCES 3,692 3,692 3,692 3,692
137 0604601N MINE DEVELOPMENT................ 28,964 28,964 100,264 28,964
................................. UPL Quickstrike JDAM ER..... [71,300]
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT. 148,349 127,349 148,349 -32,808 115,541
................................. Excess to need.............. [-21,000] [-32,808]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING 22,000 22,000 22,000 22,000
ARMS SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS... 18,725 16,225 18,725 -2,500 16,225
................................. Excess to need.............. [-2,500] [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 192,603 192,603 -12,518 180,085
CONTROL).
................................. Project 2178 prior year [-12,518]
carryover.
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 137,268 137,268 -15,638 121,630
KILL).
................................. Project 2070 excess test [-15,638]
assets.
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING........ 26,710 26,710 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............. 8,181 13,181 8,181 8,181
................................. Enterotoxigenic escherichia [5,000]
coli research.
148 0604777N NAVIGATION/ID SYSTEM............ 40,755 40,755 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD. 1,710 1,710 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD. 1,490 1,490 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY 1,494 1,494 1,494 1,494
DEVELOPMENT.
154 0605013N INFORMATION TECHNOLOGY 384,162 370,662 328,762 -115,798 268,364
DEVELOPMENT.
................................. eProcurement program [-55,400]
duplication.
................................. Program decrease............ [-36,000]
................................. Unjustified growth over FY19 [-13,500] [-79,798]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.. 4,882 4,882 4,882 4,882
156 0605212M CH-53K RDTE..................... 516,955 496,955 506,955 516,955
................................. Early to need............... [-10,000]
................................. Excess to need.............. [-20,000]
158 0605215N MISSION PLANNING................ 75,886 75,886 75,886 75,886
159 0605217N COMMON AVIONICS................. 43,187 43,187 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)... 4,909 4,909 19,909 15,000 19,909
................................. Expand development and use [15,000] [15,000]
of composite materials.
161 0605327N T-AO 205 CLASS.................. 1,682 1,682 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA). 671,258 671,258 671,258 -14,160 657,098
................................. UMCS excess to need......... [-14,160]
163 0605450M JOINT AIR-TO-GROUND MISSILE 18,393 12,393 18,393 18,393
(JAGM).
................................. Schedule delays............. [-6,000]
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121 77,322 -8,201 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
................................. Early to need............... [-2,201] [-2,201]
................................. Excess growth............... [-6,000] [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000........................ 111,435 111,435 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS.... 101,339 101,339 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406 26,406 26,406
DEVELOPMENT.
................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,152,672 6,358,433 -201,370 6,130,663
DEMONSTRATION.
.................................
................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT.... 66,678 66,678 66,678 66,678
175 0604258N TARGET SYSTEMS DEVELOPMENT...... 12,027 12,027 12,027 12,027
176 0604759N MAJOR T&E INVESTMENT............ 85,348 85,348 85,348 85,348
178 0605152N STUDIES AND ANALYSIS SUPPORT-- 3,908 3,908 3,908 3,908
NAVY.
179 0605154N CENTER FOR NAVAL ANALYSES....... 47,669 47,669 47,669 47,669
[[Page H9891]]
180 0605285N NEXT GENERATION FIGHTER......... 20,698 20,698 20,698 20,698
182 0605804N TECHNICAL INFORMATION SERVICES.. 988 988 988 988
183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401 102,401 102,401
INTERNATIONAL SUPPORT.
184 0605856N STRATEGIC TECHNICAL SUPPORT..... 3,742 3,742 3,742 3,742
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT. 93,872 93,872 93,872 93,872
187 0605864N TEST AND EVALUATION SUPPORT..... 394,020 394,020 394,020 394,020
188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145 25,145 25,145
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC 15,773 15,773 15,773 15,773
WARFARE (SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402 8,402 8,402
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE 37,265 29,265 37,265 -8,000 29,265
SUPPORT.
................................. Unjustified growth.......... [-8,000] [-8,000]
192 0605898N MANAGEMENT HQ--R&D.............. 39,673 39,673 39,673 39,673
193 0606355N WARFARE INNOVATION MANAGEMENT... 28,750 28,750 28,750 28,750
196 0305327N INSIDER THREAT.................. 2,645 2,645 2,645 2,645
197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460 1,460 1,460
(DEPARTMENTAL SUPPORT
ACTIVITIES).
................................. SUBTOTAL MANAGEMENT SUPPORT.. 990,464 982,464 990,464 -8,000 982,464
.................................
................................. OPERATIONAL SYSTEMS DEVELOPMENT
................................. UNDISTRIBUTED
202 0604227N HARPOON MODIFICATIONS........... 2,302 2,302 2,302 2,302
203 0604840M F-35 C2D2....................... 422,881 422,881 422,881 422,881
204 0604840N F-35 C2D2....................... 383,741 383,741 383,741 383,741
205 0607658N COOPERATIVE ENGAGEMENT 127,924 127,924 127,924 127,924
CAPABILITY (CEC).
207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 157,676 157,676 -44,184 113,492
SUPPORT.
................................. D5LE2 unjustified request... [-44,184]
208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 43,354 43,354 43,354 43,354
209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815 6,815 6,815
DEVELOPMENT.
210 0101402N NAVY STRATEGIC COMMUNICATIONS... 31,174 31,174 31,174 31,174
211 0204136N F/A-18 SQUADRONS................ 213,715 216,215 213,715 -5,500 208,215
................................. Block III support prior year [-7,500] [-7,500]
carryover.
................................. Jet noise reduction research [10,000] [2,000]
213 0204228N SURFACE SUPPORT................. 36,389 45,389 36,389 36,389
................................. WSN-12 Technology Insertion. [9,000]
214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 320,134 320,134 -33,335 286,799
PLANNING CENTER (TMPC).
................................. JMEWS schedule delays....... [-12,098]
................................. Maritime strike schedule [-21,237]
delays.
215 0204311N INTEGRATED SURVEILLANCE SYSTEM.. 88,382 88,382 103,382 15,000 103,382
................................. Additional TRAPS units...... [15,000] [15,000]
216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449 14,449 14,449
SYSTEMS.
217 0204413N AMPHIBIOUS TACTICAL SUPPORT 6,931 6,931 6,931 6,931
UNITS (DISPLACEMENT CRAFT).
218 0204460M GROUND/AIR TASK ORIENTED RADAR 23,891 23,891 23,891 23,891
(G/ATOR).
219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873 129,873 129,873
DEVELOPMENT.
221 0204575N ELECTRONIC WARFARE (EW) 82,325 62,325 82,325 -19,891 62,434
READINESS SUPPORT.
................................. Prior year carryover........ [-20,000] [-19,891]
222 0205601N HARM IMPROVEMENT................ 138,431 132,431 138,431 -6,060 132,371
................................. AARGM ER test schedule [-6,000] [-6,060]
discrepancy.
224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572 29,572 29,572
INTEGRATION.
225 0205632N MK-48 ADCAP..................... 85,973 85,973 85,973 85,973
226 0205633N AVIATION IMPROVEMENTS........... 125,461 125,461 125,461 125,461
227 0205675N OPERATIONAL NUCLEAR POWER 106,192 106,192 106,192 106,192
SYSTEMS.
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317 143,317 -9,000 134,317
SYSTEMS.
................................. Program delay............... [-9,000] [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 37,761 42,761 5,000 42,761
SUPPORT.
................................. Airborne Power Generation [5,000] [5,000]
Tech Development.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE...... 5,476 5,476 5,476 5,476
234 0207161N TACTICAL AIM MISSILES........... 19,488 19,488 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 34,529 39,029 39,029
MISSILE (AMRAAM).
................................. Prior year carryover........ [-4,500]
239 0303109N SATELLITE COMMUNICATIONS (SPACE) 34,344 34,344 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913 8,913 8,913
(MIP) ACTIVITIES.
[[Page H9892]]
244 0305204N TACTICAL UNMANNED AERIAL 9,451 9,451 9,451 9,451
VEHICLES.
245 0305205N UAS INTEGRATION AND 42,315 42,315 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/ 22,042 22,042 22,042 22,042
SURFACE SYSTEMS.
248 0305220N MQ-4C TRITON.................... 11,784 11,784 11,784 11,784
249 0305231N MQ-8 UAV........................ 29,618 29,618 29,618 29,618
250 0305232M RQ-11 UAV....................... 509 509 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545 11,545 11,545
(STUASL0).
252 0305239M RQ-21A.......................... 10,914 10,914 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION.............. 202,346 202,346 202,346 -16,900 185,446
................................. IFC 5.0 concurrency......... [-16,900]
256 0308601N MODELING AND SIMULATION SUPPORT. 7,119 7,119 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)...... 38,182 38,182 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).. 6,779 6,779 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE) 15,868 15,868 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............. 1,613,137 1,613,137 1,613,137 1,613,137
................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 5,076,299 5,124,299 -114,870 4,989,429
DEVELOPMENT.
................................. SUBTOTAL UNDISTRIBUTED....... -28,000 20,000 -114,870 -114,870
.................................
................................. TOTAL RESEARCH, 20,270,499 19,868,808 20,066,799 -595,895 19,674,604
DEVELOPMENT, TEST & EVAL,
NAVY.
.................................
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES....... 356,107 356,107 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES. 158,859 163,859 158,859 5,000 163,859
................................. Program increase............ [5,000] [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795 14,795 14,795
INITIATIVES.
................................. SUBTOTAL BASIC RESEARCH...... 529,761 534,761 529,761 5,000 534,761
.................................
................................. APPLIED RESEARCH
004 0602102F MATERIALS....................... 128,851 143,851 122,851 24,000 152,851
................................. Advanced materials high [4,000] [4,000]
energy x-ray.
................................. Advanced materials [5,000] [5,000]
manufacturing flexible
biosensors.
................................. Advanced thermal protection [5,000] [5,000]
systems.
................................. Duplicative material [-10,000]
research.
................................. Program increase............ [5,000] [10,000]
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.. 147,724 147,724 137,724 147,724
................................. Reduce program growth....... [-10,000]
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION............ 198,775 213,775 198,775 10,000 208,775
................................. Educational partnership [10,000]
agreements for aerospace
propulsion.
................................. Educational partnership [5,000]
agreements for next
generation liquid propulsion.
................................. Electrical power/thermal [5,000] [5,000]
management systems.
008 0602204F AEROSPACE SENSORS............... 202,912 202,912 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY 7,968 7,968 7,968 7,968
MANAGEMENT-- MAJOR HEADQUARTERS
ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS.......... 142,772 142,772 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY...... 124,379 124,379 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES 181,562 196,562 199,062 18,000 199,562
AND METHODS.
................................. Counter UAS cyber........... [2,500]
................................. Cyberspace dominance [10,000]
technology research.
................................. Detection and countering of [5,000] [5,000]
adversarial UAS.
................................. Quantum Information Science [10,000] [8,000]
Innovation Center.
................................. Quantum science............. [5,000] [5,000]
015 0602890F HIGH ENERGY LASER RESEARCH...... 44,221 44,221 49,221 44,221
................................. High power microwave [5,000]
research.
016 1206601F SPACE TECHNOLOGY................ 124,667 124,667 124,667 124,667
................................. SUBTOTAL APPLIED RESEARCH.... 1,435,626 1,480,626 1,442,126 52,000 1,487,626
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586 38,586 5,000 41,586
SYSTEMS.
................................. Metals affordability [5,000] [2,000] [5,000]
initiative.
018 0603199F SUSTAINMENT SCIENCE AND 16,249 16,249 16,249 16,249
TECHNOLOGY (S&T).
[[Page H9893]]
019 0603203F ADVANCED AEROSPACE SENSORS...... 38,292 38,292 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO... 102,949 122,949 307,949 100,000 202,949
................................. Accelerate air breathing [75,000]
hypersonic program.
................................. Active winglets development. [5,000]
................................. Advanced Personnel Recovery. [25,000]
................................. High speed vertical lift [5,000]
demonstration.
................................. LCAAT....................... [100,000]
................................. Low cost attritable aircraft [15,000] [100,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 118,973 123,973 15,000 128,973
TECHNOLOGY.
................................. Advanced turbine engine gas [10,000] [10,000]
generator.
................................. Electrical power systems.... [5,000] [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY.... 48,408 48,408 38,408 48,408
................................. Duplicative EW & PNT [-10,000]
research.
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.. 70,525 70,525 73,525 3,000 73,525
................................. Strategic radiation hardened [3,000] [3,000]
microelectronic processors.
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY. 225,817 225,817 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY..... 37,404 37,404 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM 43,116 59,116 50,116 23,000 66,116
................................. Advanced materials and [7,000] [7,000]
materials manufacturing.
................................. Aerospace composites [10,000] [10,000]
manufacturing.
................................. Program increase............ [6,000] [6,000]
029 0603788F BATTLESPACE KNOWLEDGE 56,414 56,414 66,414 56,414
DEVELOPMENT AND DEMONSTRATION.
................................. Cyber applied research...... [10,000]
................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 885,153 1,066,153 146,000 985,153
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED 5,672 5,672 5,672 5,672
DEVELOPMENT.
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY 27,085 27,085 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT... 4,955 4,955 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT..... 878,442 849,442 878,442 878,442
................................. Unjustified budget growth... [-29,000]
038 0604015F LONG RANGE STRIKE--BOMBER....... 3,003,899 3,003,899 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING..... 10,000 20,000 10,000 10,000 20,000
................................. High-value airborne asset [10,000] [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING......... 576,000 536,000 576,000 576,000
................................. Program concurrency......... [-40,000]
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600 124,600 32,000 124,600
IMPROVEMENTS.
................................. Program increase............ [32,000] [32,000]
................................. UPL M-CODE acceleration..... [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS. 23,145 23,145 23,145 23,145
043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669 16,669 16,669
(NAOC) RECAP.
044 0604317F TECHNOLOGY TRANSFER............. 23,614 23,614 23,614 23,614
045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121 113,121 113,121
DEFEAT SYSTEM (HDBTDS) PROGRAM.
046 0604414F CYBER RESILIENCY OF WEAPON 56,325 56,325 56,325 56,325
SYSTEMS-ACS.
047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034 28,034 28,034
ENTERPRISE R&D.
048 0604858F TECH TRANSITION PROGRAM......... 128,476 128,476 134,476 6,000 134,476
................................. Rapid repair................ [6,000] [6,000]
049 0605230F GROUND BASED STRATEGIC DETERRENT 570,373 489,395 592,373 -17,978 552,395
................................. Program consolidation....... [22,000]
................................. Program reduction........... [-103,000] [-40,000]
................................. Technical adjustment for NC3 [22,022] [22,022]
050 0207100F LIGHT ATTACK ARMED 35,000 35,000 85,000 35,000
RECONNAISSANCE (LAAR) SQUADRONS.
................................. Light attack experiment..... [50,000]
051 0207110F NEXT GENERATION AIR DOMINANCE... 1,000,000 500,000 1,000,000 -45,000 955,000
................................. Cost-risk associated with [-500,000] [-45,000]
development profile.
052 0207455F THREE DIMENSIONAL LONG-RANGE 37,290 37,290 37,290 37,290
RADAR (3DELRR).
053 0208099F UNIFIED PLATFORM (UP)........... 10,000 10,000 10,000 10,000
054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910 36,910 36,910
(CDL EA).
055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000 35,000 35,000
FORCE SUPPORT.
056 0305601F MISSION PARTNER ENVIRONMENTS.... 8,550 8,550 8,550 8,550
057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 198,864 240,064 41,200 240,064
DEVELOPMENT.
[[Page H9894]]
................................. Accelerate development of [13,600] [13,600]
Cyber National Mission Force
capabilities.
................................. ETERNALDARKNESS............. [7,100] [7,100]
................................. Joint Common Access Platform [20,500] [20,500]
058 0306415F ENABLED CYBER ACTIVITIES........ 16,632 16,632 16,632 16,632
060 0901410F CONTRACTING INFORMATION 20,830 20,830 20,830 20,830
TECHNOLOGY SYSTEM.
061 1203164F NAVSTAR GLOBAL POSITIONING 329,948 329,948 329,948 329,948
SYSTEM (USER EQUIPMENT) (SPACE).
062 1203710F EO/IR WEATHER SYSTEMS........... 101,222 101,222 101,222 101,222
063 1206422F WEATHER SYSTEM FOLLOW-ON........ 225,660 205,660 225,660 -20,000 205,660
................................. Unjustified growth.......... [-20,000] [-20,000]
064 1206425F SPACE SITUATION AWARENESS 29,776 29,776 29,776 29,776
SYSTEMS.
065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 162,045 142,045 142,045
TRANSITIONS (SSPT).
................................. Accelerate Blackjack [20,000]
prototype demonstration and
tech maturation.
067 1206438F SPACE CONTROL TECHNOLOGY........ 64,231 58,231 64,231 -5,000 59,231
................................. Unjustified growth.......... [-6,000] [-5,000]
068 1206730F SPACE SECURITY AND DEFENSE 56,385 56,385 56,385 56,385
PROGRAM.
069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003 95,003 105,003
SERVICE (PTES).
................................. Unjustified growth.......... [-10,000]
070 1206761F PROTECTED TACTICAL SERVICE (PTS) 173,694 166,194 163,694 -10,000 163,694
................................. Unjustified growth.......... [-7,500] [-10,000] [-10,000]
071 1206855F EVOLVED STRATEGIC SATCOM (ESS).. 172,206 172,206 172,206 172,206
072 1206857F SPACE RAPID CAPABILITIES OFFICE. 33,742 30,742 33,742 -10,000 23,742
................................. Program decrease............ [-3,000] [-10,000]
................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 7,811,801 8,567,479 -18,778 8,417,501
DEVELOPMENT & PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT &
DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS 246,200 200 97,120 -246,200
& PROGRAMS.
................................. ERWn contract delay......... [-149,080]
................................. Excess to need.............. [-246,200]
................................. Unjustified requirement..... [-246,000]
074 0604201F PNT RESILIENCY, MODS, AND 67,782 67,782 148,782 81,000 148,782
IMPROVEMENTS.
................................. UPL M-Code Acceleration..... [81,000] [81,000]
075 0604222F NUCLEAR WEAPONS SUPPORT......... 4,406 4,406 4,406 4,406
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.. 2,066 2,066 2,066 2,066
077 0604281F TACTICAL DATA NETWORKS 229,631 210,331 229,631 -19,300 210,331
ENTERPRISE.
................................. Prior-year carryover........ [-19,300] [-19,300]
078 0604287F PHYSICAL SECURITY EQUIPMENT..... 9,700 9,700 9,700 9,700
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.. 31,241 41,241 31,241 10,000 41,241
................................. Program efficiency [10,000] [10,000]
initiative.
080 0604429F AIRBORNE ELECTRONIC ATTACK...... 2 2 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT... 28,043 22,543 28,043 28,043
................................. Unjustified requirement [-5,500]
(JAGM-F).
082 0604604F SUBMUNITIONS.................... 3,045 3,045 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT............ 19,944 19,944 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS............ 8,624 16,624 8,624 8,624
................................. Next-gen ejection seat [8,000]
qualification.
085 0604735F COMBAT TRAINING RANGES.......... 37,365 37,365 37,365 37,365
086 0604800F F-35--EMD....................... 7,628 7,628 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON...... 712,539 712,539 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION......... 161,199 156,199 161,199 161,199
................................. Program decrease............ [-5,000]
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT.... 30,000 30,000 30,000 30,000
093 0605221F KC-46........................... 59,561 59,561 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING......... 348,473 348,473 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER........ 247,047 246,047 247,047 247,047
................................. Support cost growth......... [-1,000]
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM. 294,400 294,400 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION... 27,564 27,564 27,564 27,564
100 0101213F MINUTEMAN SQUADRONS............. 1 1 1 1
101 0207171F F-15 EPAWSS..................... 47,322 47,322 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON.......... 162,840 127,840 162,840 162,840
................................. Unjustified program growth.. [-35,000]
[[Page H9895]]
103 0207701F FULL COMBAT MISSION TRAINING.... 9,797 9,797 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B.......................... 757,923 757,923 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS.......... 2,787 2,787 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.. 2,000 2,000 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF).... 462,875 452,875 462,875 -10,000 452,875
................................. Unjustified growth.......... [-10,000] [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829 76,829 -20,000 56,829
OPERATIONS.
................................. GBOSS unjustified growth.... [-20,000] [-20,000]
112 1206421F COUNTERSPACE SYSTEMS............ 29,037 34,037 29,037 29,037
................................. Counterspace communications [5,000]
systems pre-planned product
improvement.
113 1206422F WEATHER SYSTEM FOLLOW-ON........ 2,237 2,237 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS 412,894 362,894 412,894 412,894
SYSTEMS.
................................. Unexecutable growth......... [-50,000]
115 1206426F SPACE FENCE..................... 20,000
................................. Space Fence................. [20,000]
116 1206431F ADVANCED EHF MILSATCOM (SPACE).. 117,290 117,290 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)......... 427,400 427,400 427,400 -26,000 401,400
................................. Prior year carryover........ [-26,000]
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).. 1,920 1,920 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR............ 1,395,278 1,018,878 1,395,278 1,395,278
................................. Unexecutable funding profile [-293,100]
................................. Unexecutable funding profile [-83,300]
(ground).
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 10,000 5,000 5,000
INTEGRATION.
................................. Accelerate integration of [10,000] [5,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009 432,009 432,009
PROGRAM (SPACE)--EMD.
................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,244 6,194,044 6,881,164 -225,500 6,703,744
DEMONSTRATION.
.................................
................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT.... 59,693 59,693 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT............ 181,663 183,663 232,663 38,000 219,663
................................. Telemetry extension SATCOM [2,000] [2,000]
relay.
................................. UPL M-Code Acceleration..... [36,000] [36,000]
................................. Utah training range [15,000]
instrumentation.
125 0605101F RAND PROJECT AIR FORCE.......... 35,258 35,258 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT..... 717,895 743,395 771,895 717,895
................................. Accelerate prototype program [5,000]
................................. Facilitates 5G test and [49,000]
evaluation.
................................. Overwater range telemetry [9,500]
improvements.
................................. Program increase............ [16,000]
129 0605826F ACQ WORKFORCE- GLOBAL POWER..... 258,667 258,667 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & 251,992 226,992 251,992 251,992
COMBAT SYS.
................................. Program decrease............ [-25,000]
131 0605828F ACQ WORKFORCE- GLOBAL REACH..... 149,191 149,191 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE 160,196 144,196 160,196 160,196
MGMT.
................................. Program decrease............ [-16,000]
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 198,255 220,255 220,255
INTEGRATION.
................................. Program decrease............ [-22,000]
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.. 133,231 133,231 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D.............. 5,590 5,590 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E.............. 5,013 5,013 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT 5,913 5,913 5,913 5,913
SUPPORT.
144 0804731F GENERAL SKILL TRAINING.......... 1,475 1,475 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES........ 4,071 4,071 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 14,942 19,942 19,942
DEVELOPMENT.
................................. Unjustified growth.......... [-5,000]
[[Page H9896]]
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 23,192 13,192 13,192
(SPACE).
................................. Small rockets launch [10,000]
services.
151 1206864F SPACE TEST PROGRAM (STP)........ 26,097 29,097 26,097 26,097
................................. Small launch................ [3,000]
................................. SUBTOTAL MANAGEMENT SUPPORT.. 2,916,571 2,889,071 3,021,571 38,000 2,954,571
.................................
................................. OPERATIONAL SYSTEMS DEVELOPMENT
................................. UNDISTRIBUTED
152 0604003F ADVANCED BATTLE MANAGEMENT 35,611 20,011 84,611 -2,000 33,611
SYSTEM (ABMS).
................................. Accelerates 5G military use. [49,000]
................................. Program increase--sensor [10,000] [8,000]
fusion and artificial
intelligence technology.
................................. Unjustified request......... [-25,600] [-10,000]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584 2,584 2,584
TRAINING.
155 0604445F WIDE AREA SURVEILLANCE.......... 20,000
................................. Program increase............ [20,000]
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2....................... 694,455 694,455 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 30,567 40,567
SYSTEM (AF-IPPS).
................................. Poor agile development...... [-40,567]
................................. Program decrease............ [-10,000]
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E........... 17,218 17,218 4,818 17,218
................................. Program delay............... [-12,400]
162 0606018F NC3 INTEGRATION................. 25,917 25,917 25,917 25,917
164 0101113F B-52 SQUADRONS.................. 325,974 325,974 325,974 325,974
165 0101122F AIR-LAUNCHED CRUISE MISSILE 10,217 10,217 10,217 10,217
(ALCM).
166 0101126F B-1B SQUADRONS.................. 1,000 1,000 1,000 1,000
167 0101127F B-2 SQUADRONS................... 97,276 97,276 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............. 128,961 106,939 106,961 128,961
................................. Program consolidation....... [-22,000]
................................. Technical adjustment for NC3 [-22,022]
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177 18,177 18,177
COMMUNICATIONS.
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES........... 75,571 75,571 75,571 -34,300 41,271
................................. Program delay............... [-34,300]
174 0102110F UH-1N REPLACEMENT PROGRAM....... 170,975 170,975 170,975 170,975
176 0205219F MQ-9 UAV........................ 154,996 154,996 154,996 -27,700 127,296
................................. Program reduction........... [-27,700]
178 0207131F A-10 SQUADRONS.................. 36,816 36,816 36,816 36,816
179 0207133F F-16 SQUADRONS.................. 193,013 193,013 193,013 193,013
180 0207134F F-15E SQUADRONS................. 336,079 317,779 336,079 -16,250 319,829
................................. Unjustified F-15C [-18,300] [-16,250]
requirements.
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.. 15,521 15,521 15,521 15,521
182 0207138F F-22A SQUADRONS................. 496,298 442,498 496,298 496,298
................................. Excess to requirements...... [-23,800]
................................. Prior-year carryover........ [-30,000]
183 0207142F F-35 SQUADRONS.................. 99,943 99,943 99,943 99,943
184 0207161F TACTICAL AIM MISSILES........... 10,314 10,314 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384 55,384 55,384
MISSILE (AMRAAM).
186 0207227F COMBAT RESCUE--PARARESCUE....... 281 281 281 281
187 0207247F AF TENCAP....................... 21,365 21,365 21,365 21,365
188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696 10,696 10,696
PROCUREMENT.
189 0207253F COMPASS CALL.................... 15,888 15,888 15,888 15,888
190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 107,505 112,505 112,505
IMPROVEMENT PROGRAM.
................................. Prior-year carryover (F-35). [-5,000]
191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498 78,498 78,498
MISSILE (JASSM).
192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 104,864 114,864 114,864
(AOC).
................................. Unjustified request......... [-10,000]
193 0207412F CONTROL AND REPORTING CENTER 8,109 8,109 8,109 8,109
(CRC).
194 0207417F AIRBORNE WARNING AND CONTROL 67,996 61,209 67,996 67,996
SYSTEM (AWACS).
................................. Excess to need.............. [-6,787]
195 0207418F TACTICAL AIRBORNE CONTROL 2,462 2,462 2,462 2,462
SYSTEMS.
[[Page H9897]]
197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668 13,668 13,668
ACTIVITIES.
198 0207444F TACTICAL AIR CONTROL PARTY-MOD.. 6,217 6,217 6,217 6,217
200 0207452F DCAPES.......................... 19,910 19,910 19,910 19,910
201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788 1,788 1,788
FORENSICS.
202 0207590F SEEK EAGLE...................... 28,237 28,237 28,237 28,237
203 0207601F USAF MODELING AND SIMULATION.... 15,725 15,725 15,725 15,725
204 0207605F WARGAMING AND SIMULATION CENTERS 4,316 4,316 4,316 4,316
205 0207610F BATTLEFIELD ABN COMM NODE (BACN) 26,946 26,946 26,946 26,946
206 0207697F DISTRIBUTED TRAINING AND 4,303 4,303 4,303 4,303
EXERCISES.
207 0208006F MISSION PLANNING SYSTEMS........ 71,465 71,465 71,465 71,465
208 0208007F TACTICAL DECEPTION.............. 7,446 7,446 7,446 7,446
209 0208064F OPERATIONAL HQ--CYBER........... 7,602 7,602 7,602 7,602
210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178 35,178 35,178
OPERATIONS.
211 0208088F AF DEFENSIVE CYBERSPACE 16,609 16,609 16,609 16,609
OPERATIONS.
212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603 11,603 11,603
(JCC2).
213 0208099F UNIFIED PLATFORM (UP)........... 84,702 84,702 84,702 84,702
218A 0301004F ADVANCED DATA TRANSPORT FLIGHT 21,000
TEST.
................................. Accelerate prototype test of [21,000]
5G.
219 0301025F GEOBASE......................... 2,723 2,723 2,723 2,723
220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190 44,190 44,190
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575 3,575 3,575
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL AIRBORNE 70,173 70,173 70,173 -27,550 42,623
OPERATIONS CENTER (NAOC).
................................. Unclear acquisition strategy [-27,550]
228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 28,543 13,543 13,543
COMMUNICATIONS NETWORK (MEECN).
................................. Advanced concept [15,000]
development--NC3
demonstration and evaluation.
229 0303133F HIGH FREQUENCY RADIO SYSTEMS.... 15,881 1,881 15,881 15,881
................................. Prior-year carryover........ [-14,000]
230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726 27,726 27,726
PROGRAM.
232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210 2,210 2,210
INITIATIVE.
234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 100,880 150,880 150,880
(MDC2).
................................. Unjustified growth.......... [-50,000]
235 0304260F AIRBORNE SIGINT ENTERPRISE...... 102,667 94,167 102,667 -17,500 85,167
................................. Common development ahead of [-8,500] [-8,500]
need.
................................. Program reduction........... [-9,000]
236 0304310F COMMERCIAL ECONOMIC ANALYSIS.... 3,431 3,431 3,431 3,431
239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313 9,313 9,313
SERVICES.
240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121 1,121 1,121
TECHNOLOGY.
241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000 -16,000 3,000
DVMT (IMAD).
................................. Not mature plan............. [-19,000]
................................. Unjustified request......... [-16,000] [-16,000]
242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544 4,544 4,544
(GATM).
243 0305111F WEATHER SERVICE................. 25,461 27,461 25,461 2,000 27,461
................................. Commercial weather data [2,000] [2,000]
pilot.
244 0305114F AIR TRAFFIC CONTROL, APPROACH, 5,651 5,651 5,651 5,651
AND LANDING SYSTEM (ATCALS).
245 0305116F AERIAL TARGETS.................. 7,448 7,448 7,448 7,448
248 0305128F SECURITY AND INVESTIGATIVE 425 425 425 425
ACTIVITIES.
249 0305145F ARMS CONTROL IMPLEMENTATION..... 54,546 54,546 54,546 54,546
250 0305146F DEFENSE JOINT 6,858 6,858 6,858 6,858
COUNTERINTELLIGENCE ACTIVITIES.
252 0305179F INTEGRATED BROADCAST SERVICE 8,728 8,728 8,728 8,728
(IBS).
253 0305202F DRAGON U-2...................... 38,939 38,939 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS. 122,909 132,909 122,909 10,000 132,909
................................. Program increase for Gorgon [10,000] [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS... 11,787 11,787 11,787 11,787
257 0305208F DISTRIBUTED COMMON GROUND/ 25,009 25,009 25,009 25,009
SURFACE SYSTEMS.
258 0305220F RQ-4 UAV........................ 191,733 173,883 191,733 191,733
................................. Unjustified request......... [-17,850]
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757 10,757 10,757
TARGETING.
260 0305238F NATO AGS........................ 32,567 32,567 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE...... 37,774 37,774 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION......... 4,383 4,383 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & 2,133 2,133 2,133 2,133
CTRL (PRC2).
[[Page H9898]]
265 0307577F INTELLIGENCE MISSION DATA (IMD). 8,614 8,614 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON.......... 140,425 140,425 140,425 -39,000 101,425
................................. Contract award savings...... [-39,000]
267 0401119F C-5 AIRLIFT SQUADRONS (IF)...... 10,223 10,223 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF).............. 25,101 25,101 25,101 25,101
269 0401132F C-130J PROGRAM.................. 8,640 8,640 8,640 8,640
270 0401134F LARGE AIRCRAFT IR 5,424 5,424 5,424 5,424
COUNTERMEASURES (LAIRCM).
272 0401219F KC-10S.......................... 20 20 20 20
274 0401318F CV-22........................... 17,906 17,906 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL 3,629 3,629 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)...... 1,890 1,890 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT..... 539 539 539 539
281 0804743F OTHER FLIGHT TRAINING........... 2,057 2,057 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES...... 10 10 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY. 2,060 2,060 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM... 3,809 3,809 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION........ 6,476 6,476 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND 46,789 46,789 46,789 46,789
MGT SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM-- 988 988 988 988
SPACE ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS 197,388 192,388 197,388 -20,000 177,388
TERMINALS (FAB-T).
................................. FET schedule slip........... [-15,000]
................................. Unjustified growth.......... [-5,000] [-5,000]
294 1203110F SATELLITE CONTROL NETWORK 61,891 54,291 61,891 61,891
(SPACE).
................................. Underexecution of funds and [-7,600]
unjustified growth.
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION 43,292 43,292 43,292 43,292
AND RAPID TECHNOLOGY
DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).. 10,837 10,837 10,837 10,837
301 1203265F GPS III SPACE SEGMENT........... 42,440 42,440 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.. 14,428 14,428 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM............ 72,762 51,262 72,762 72,762
................................. Unjustified growth.......... [-21,500]
304 1203620F NATIONAL SPACE DEFENSE CENTER... 2,653 2,653 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS 15,881 15,881 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).. 49,300 49,300 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834 17,834 17,834
OPERATIONS.
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES...... 138,870 128,670 138,870 -39,800 99,070
................................. Contract award delay........ [-39,800]
................................. Unjustified growth.......... [-10,200]
311A 9999999999 CLASSIFIED PROGRAMS............. 18,351,506 17,998,506 18,351,506 -122,000 18,229,506
................................. Classified reduction........ [-353,000] [-122,000]
................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,253,329 24,827,521 -350,100 24,501,388
DEVELOPMENT.
................................. SUBTOTAL UNDISTRIBUTED....... -598,159 -23,967 -350,100 -350,100
.................................
................................. TOTAL RESEARCH, 45,938,122 44,048,785 46,335,775 -353,378 45,584,744
DEVELOPMENT, TEST & EVAL,
AF.
.................................
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............. 26,000 26,000 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES....... 432,284 432,284 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES...... 48,874 58,874 58,874 20,000 68,874
................................. DEPSCOR..................... [10,000] [10,000]
................................. Program increase............ [10,000] [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL 54,122 59,122 54,122 54,122
RESEARCH SCIENCE.
................................. Brain injury research [5,000]
university partnerships.
005 0601120D8Z NATIONAL DEFENSE EDUCATION 92,074 112,074 102,074 10,000 102,074
PROGRAM.
................................. Civics education grant [20,000] [2,000]
program.
................................. Submarine industrial base [10,000] [8,000]
workforce training and
education.
[[Page H9899]]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 50,708 32,708 16,000 46,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
................................. Aerospace research and [2,000] [2,000]
education.
................................. Program decrease............ [-5,000]
................................. Program increase............ [25,000] [14,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238 45,238 45,238
PROGRAM.
................................. SUBTOTAL BASIC RESEARCH...... 729,300 784,300 751,300 46,000 775,300
.................................
................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY...... 19,306 19,306 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY........... 97,771 97,771 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 62,200 64,200 -6,800 55,400
ADVANCEMENT OF S&T PRIORITIES.
................................. Computer modeling of PFAS... [2,000] [2,000]
................................. Excess growth............... [-8,800]
013 0602303E INFORMATION & COMMUNICATIONS 442,556 442,556 442,556 -5,000 437,556
TECHNOLOGY.
................................. Unjustified growth.......... [-5,000]
014 0602383E BIOLOGICAL WARFARE DEFENSE...... 34,588 34,588 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087 202,587 12,500 215,087
PROGRAM.
................................. Program increase............ [12,500] [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH......... 15,118 15,118 25,118 10,000 25,118
................................. Academic cyber institutes... [10,000] [10,000]
017 0602702E TACTICAL TECHNOLOGY............. 337,602 337,602 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY.......... 332,192 332,192 332,192 -6,000 326,192
................................. Unjustified growth.......... [-6,000]
020 0602718BR COUNTER WEAPONS OF MASS 179,096 179,096 179,096 -5,000 174,096
DESTRUCTION APPLIED RESEARCH.
................................. Unjustified growth.......... [-5,000]
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT...... 40,569 45,569 40,569 40,569
................................. Media forensics............. [5,000]
................................. SUBTOTAL APPLIED RESEARCH.... 2,049,458 2,066,958 2,061,458 -300 2,049,158
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT..... 5,000 5,000 5,000 5,000
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 79,517 70,517 5,000 75,517
SUPPORT.
................................. Counterterrorism detection [3,000]
technologies.
................................. Program increase............ [5,000]
................................. Terrorism studies........... [6,000]
026 0603133D8Z FOREIGN COMPARATIVE TESTING..... 24,970 24,970 24,970 24,970
028 0603160BR COUNTER WEAPONS OF MASS 340,065 340,065 340,065 -1,490 338,575
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
................................. Excess growth............... [-1,490]
029 0603176C ADVANCED CONCEPTS AND 14,208 14,208 14,208 14,208
PERFORMANCE ASSESSMENT.
030 0603178C WEAPONS TECHNOLOGY.............. 10,000 10,000 10,000 -10,000
................................. MD72 program termination.... [-10,000]
031 0603180C ADVANCED RESEARCH............... 20,674 27,674 20,674 7,000 27,674
................................. Advanced carbon-carbon [7,000] [7,000]
composites manufacturing.
032 0603225D8Z JOINT DOD-DOE MUNITIONS 18,773 18,773 18,773 18,773
TECHNOLOGY DEVELOPMENT.
033 0603286E ADVANCED AEROSPACE SYSTEMS...... 279,741 279,741 279,741 279,741
034 0603287E SPACE PROGRAMS AND TECHNOLOGY... 202,606 202,606 202,606 -30,000 172,606
................................. RSGS program delays......... [-30,000]
035 0603288D8Z ANALYTIC ASSESSMENTS............ 19,429 19,429 19,429 19,429
036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645 37,645 37,645
CONCEPTS.
037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668 14,668 14,668
CONCEPTS--MHA.
038 0603294C COMMON KILL VEHICLE TECHNOLOGY.. 13,600 13,600 13,600 13,600
040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)... 29,398 29,398 36,898 29,398
................................. Accelerate artificial [7,500]
intelligence solutions.
041 0603375D8Z TECHNOLOGY INNOVATION........... 60,000 44,000 60,000 -30,000 30,000
................................. Insufficient justification.. [-30,000]
................................. Program decrease............ [-16,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486 172,486 172,486
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH................... 159,688 159,688 159,688 159,688
044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 17,063 12,063 12,063
TECHNOLOGY.
[[Page H9900]]
................................. Joint electromagnetic [5,000]
spectrum operations.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 107,359 89,859 -17,500 89,859
DEMONSTRATIONS.
................................. Program reduction........... [-17,500] [-17,500]
046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858 2,858 2,858
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING 96,397 116,397 96,397 20,000 116,397
SCIENCE AND TECHNOLOGY PROGRAM.
................................. Additive manufacturing...... [10,000] [10,000]
................................. Integrated silicon based [5,000] [5,000]
lasers.
................................. Program increase............ [5,000] [5,000]
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM 42,834 42,834 42,834 42,834
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911 70,911 80,911
DEVELOPMENT.
................................. Program reduction........... [-10,000]
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817 10,817 10,817
DEMONSTRATIONS.
051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157 76,157 66,157
PROGRAM.
................................. SERDP....................... [10,000]
052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771 171,771 171,771
DEVELOPMENT AND SUPPORT.
053 0603727D8Z JOINT WARFIGHTING PROGRAM....... 4,846 4,846 4,846 4,846
054 0603739E ADVANCED ELECTRONICS 128,616 128,616 128,616 128,616
TECHNOLOGIES.
055 0603760E COMMAND, CONTROL AND 232,134 232,134 232,134 232,134
COMMUNICATIONS SYSTEMS.
056 0603766E NETWORK-CENTRIC WARFARE 512,424 512,424 512,424 -5,000 507,424
TECHNOLOGY.
................................. Unjustified increase........ [-5,000]
057 0603767E SENSOR TECHNOLOGY............... 163,903 163,903 163,903 163,903
058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723 13,723 13,723
TECHNOLOGY DEVELOPMENT.
059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.. 15,111 15,111 15,111 15,111
060 0603826D8Z QUICK REACTION SPECIAL PROJECTS. 47,147 47,147 47,147 47,147
061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY 19,376 19,376 19,376 19,376
062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223 85,223 85,223
TECHNOLOGY PROGRAM.
063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 180,574 185,574 10,000 185,574
TECHNOLOGY.
................................. Program increase to support [10,000] [10,000]
NDS technologies.
................................. UAV hypersonic test range... [5,000]
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 30,000 25,000 25,000
NETWORK.
................................. Hacking for defense......... [5,000]
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 70,536 70,536 -16,636 53,900
IMPROVEMENT.
................................. Excess growth............... [-16,636]
066 0303310D8Z CWMD SYSTEMS.................... 28,907 28,907 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 41,500 20,000 20,000
RESEARCH AND DEVELOPMENT.
................................. Program increase for [21,500]
commercial SSA; funds
transferred from JSPOC
Mission System.
................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,798,588 3,742,088 -68,626 3,673,462
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT
AND PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL 42,695 42,695 42,695 42,695
PHYSICAL SECURITY EQUIPMENT
RDT&E ADC&P.
071 0603600D8Z WALKOFF......................... 92,791 92,791 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 66,572 76,572 2,000 68,572
CERTIFICATION PROGRAM.
................................. ESTCP....................... [10,000] [2,000]
074 0603881C BALLISTIC MISSILE DEFENSE 302,761 302,761 302,761 302,761
TERMINAL DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 960,506 1,156,506 81,100 1,237,606
MIDCOURSE DEFENSE SEGMENT.
................................. Common booster engineering [-15,000]
early to need.
................................. GBSD booster engineering.... [-15,000]
................................. Homeland Defense Radar- [-30,400]
Hawaii delay.
................................. RKV cancellation--on demand [-13,500]
communications.
................................. RKV Program Termination-- [140,000]
Trasfer from RD,DW 109 for
SLEP program.
................................. Unjustified program growth.. [-181,000]
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE 283,487 283,487 283,487 283,487
SENSORS.
078 0603890C BMD ENABLING PROGRAMS........... 571,507 570,476 571,507 571,507
................................. Rescope FTM-44--Conduct IRBM [-1,031]
test.
079 0603891C SPECIAL PROGRAMS--MDA........... 377,098 504,098 502,098 135,000 512,098
................................. Classified.................. [125,000]
................................. Classified reduction........ [-8,000]
................................. Classified unfunded priority [135,000] [135,000]
080 0603892C AEGIS BMD....................... 727,479 702,479 727,479 -28,000 699,479
[[Page H9901]]
................................. Unjustified cost growth..... [-25,000]
................................. Unjustified growth.......... [-28,000]
081 0603896C BALLISTIC MISSILE DEFENSE 564,206 561,706 564,206 -1,500 562,706
COMMAND AND CONTROL, BATTLE
MANAGEMENT AND COMMUNICATI.
................................. IBCS integration delays..... [-1,500] [-1,500]
................................. Rescope FTM-44--Conduct IRBM [-1,000]
test.
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH................ 22,424 22,424 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX).... 128,156 128,156 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS.... 300,000 300,000 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.. 395,924 393,356 395,924 395,924
................................. Rescope FTM-44--Conduct IRBM [-2,568]
test.
088 0603915C BALLISTIC MISSILE DEFENSE 554,171 554,171 554,171 554,171
TARGETS.
089 0603920D8Z HUMANITARIAN DEMINING........... 10,820 15,820 10,820 3,880 14,700
................................. Program increase............ [5,000] [3,880]
090 0603923D8Z COALITION WARFARE............... 11,316 11,316 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION 303,458 301,122 269,458 -34,000 269,458
INITIATIVES.
................................. Cancel Neutral Particle Beam [-34,000] [-34,000]
................................. Increase to low power laser [35,000]
demonstrator.
................................. Neutral particle beam....... [-34,000]
................................. Rescope FTM-44--Conduct IRBM [-3,336]
test.
093 0604132D8Z MISSILE DEFEAT PROJECT.......... 17,816 7,816 17,816 -7,816 10,000
................................. Unjustified budget request-- [-10,000] [-7,816]
program transitioned to
services.
095 0604181C HYPERSONIC DEFENSE.............. 157,425 157,425 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 1,312,735 1,007,585 1,343,735 1,312,735
................................. Hypervelocity Gun Weapon [81,000] [80,000]
System.
................................. Insufficient justification.. [-80,000]
................................. Program decrease............ [-155,150]
................................. Realign to 0604011D8Z, Next [-50,000]
Generation Information
Technology.
................................. Undistributed............... [-100,000]
................................. Unjustified growth to SCO... [-50,000]
097 0604294D8Z TRUSTED & ASSURED 542,421 542,421 547,421 5,000 547,421
MICROELECTRONICS.
................................. Trusted and assured [5,000] [5,000]
microelectronics research.
098 0604331D8Z RAPID PROTOTYPING PROGRAM....... 100,957 100,957 50,957 -50,000 50,957
................................. Uncoordinated prototyping [-50,000] [-50,000]
efforts.
099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 92,000 92,000 92,000
PROTOTYPING.
................................. Insufficient budget [-75,000]
justification for national
security innovation capital.
................................. Program increase--national [75,000]
security innovation capital.
100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021 3,021 3,021
UNMANNED SYSTEM COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 274,714 274,714 -101,116 173,598
(HDR-H).
................................. Funding acceleration early [-60,000]
to need.
................................. Radar foundation and thermal [-41,116]
control system early to need.
103 0604673C PACIFIC DISCRIMINATING RADAR.... 6,711 6,711 6,711 6,711
104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751 3,751 3,751
STRATEGIC ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID INNOVATION PROGRAM 14,021 14,021 14,021 14,021
107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062 20,062 20,062
INTEGRATION AND
INTEROPERABILITY ASSESSMENTS.
108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423 136,423 136,423
(LRDR).
109 0604874C IMPROVED HOMELAND DEFENSE 412,363 262,363 412,363 -140,000 272,363
INTERCEPTORS.
................................. Program delays.............. [-150,000]
................................. RKV Termination - transfer [-140,000]
to RD,DW 075 for SLEP
program.
110 0604876C BALLISTIC MISSILE DEFENSE 25,137 25,137 25,137 25,137
TERMINAL DEFENSE SEGMENT TEST.
111 0604878C AEGIS BMD TEST.................. 169,822 148,740 169,822 169,822
................................. Rescope FTM-44--Conduct IRBM [-21,082]
test.
112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 94,566 105,530 105,530
TEST.
................................. Rescope FTM-44--Conduct IRBM [-10,964]
test.
113 0604880C LAND-BASED SM-3 (LBSM3)......... 38,352 38,352 38,352 38,352
115 0604887C BALLISTIC MISSILE DEFENSE 98,139 96,446 98,139 98,139
MIDCOURSE SEGMENT TEST.
................................. Rescope FTM-44--Conduct IRBM [-1,693]
test.
117 0300206R ENTERPRISE INFORMATION 1,600 1,600 1,600 1,600
TECHNOLOGY SYSTEMS.
[[Page H9902]]
118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191 3,191 3,191
(JET) PROGRAM.
119 0305103C CYBER SECURITY INITIATIVE....... 1,138 1,138 1,138 1,138
120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 75,000 55,000 -30,000 55,000
PROTOTYPING.
................................. Increase to SDA for multi- [20,000]
GNSS receiver capability
development.
................................. Missile defense studies [-30,000] [-30,000]
realignment.
................................. Space-based discrimination [-15,000]
study.
................................. Space-based interceptor [-15,000]
study.
121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849 35,849 35,849
SYSTEM.
122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565 135,565 108,000 135,565
SPACE PROGRAMS.
................................. HBTSS unfunded requirement.. [108,000]
................................. Hypersonic and Ballistic [108,000] [108,000]
Tracking Space Sensor.
122A 0604011D8Z NEXT GENERATION INFORMATION 175,000 25,000 275,000 275,000
COMMUNICATIONS TECHNOLOGY (5G).
................................. DOD Spectrum Sharing Program [25,000]
................................. NTTR and additional AF [100,000]
installation 5G network.
................................. Program increase............ [175,000] [175,000]
................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 9,474,169 9,987,493 217,548 10,015,041
DEVELOPMENT AND PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND CONVENTIONAL 11,276 11,276 11,276 11,276
PHYSICAL SECURITY EQUIPMENT
RDT&E SDD.
124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 107,000 -31,000 76,000
DEVELOPMENT.
................................. Lack of justification-- [-76,000]
awaiting policy.
................................. Transfer to RDTE, Army Line [-31,000] [-31,000]
100.
125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 384,047 384,047 -10,000 374,047
PROGRAM--EMD.
................................. Excess growth............... [-10,000]
126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 43,102 40,102 40,102
DISTRIBUTION SYSTEM (JTIDS).
................................. Cyber maturity model [3,000]
certification program.
127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100 13,100 13,100
DESTRUCTION SYSTEMS DEVELOPMENT.
128 0605013BL INFORMATION TECHNOLOGY 3,070 3,070 3,070 3,070
DEVELOPMENT.
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM... 17,615 7,615 17,615 17,615
................................. Unjustified growth.......... [-10,000]
131 0605027D8Z OUSD(C) IT DEVELOPMENT 15,653 15,653 15,653 15,653
INITIATIVES.
132 0605070S DOD ENTERPRISE SYSTEMS 2,378 2,378 2,378 2,378
DEVELOPMENT AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION...... 1,618 1,618 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES 27,944 27,944 27,944 27,944
(DAI)--FINANCIAL SYSTEM.
135 0605090S DEFENSE RETIRED AND ANNUITANT 6,609 6,609 6,609 6,609
PAY SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED 175,032 175,032 175,032 175,032
MICROELECTRONICS.
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM.... 1,578 1,578 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY 4,373 4,373 4,373 4,373
INFORMATION MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854 12,854 12,854
AND DEMONSTRATION.
................................. SUBTOTAL SYSTEM DEVELOPMENT 841,588 727,588 841,588 -41,000 800,588
AND DEMONSTRATION.
.................................
................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION 13,000 13,000 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING 9,724 9,724 9,724 9,724
SYSTEM (DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 240,267 260,267 260,267
INVESTMENT DEVELOPMENT (CTEIP).
................................. Undistributed............... [-20,000]
146 0604942D8Z ASSESSMENTS AND EVALUATIONS..... 30,834 30,834 30,834 30,834
147 0605001E MISSION SUPPORT................. 68,498 68,498 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 83,091 89,091 6,000 89,091
CAPABILITY (JMETC).
................................. Cyber range development..... [6,000] [6,000]
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079 13,079 18,079
ANALYSIS.
................................. Program reduction........... [-5,000]
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............. 37,140 37,140 32,140 37,140
................................. Program reduction........... [-5,000]
[[Page H9903]]
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT-- 4,759 4,759 4,759 4,759
OSD.
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL 8,307 8,307 8,307 8,307
SECURITY.
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION 3,568 3,568 3,568 3,568
RESEARCH (SBIR)/ SMALL BUSINESS
TECHNOLOGY TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 19,936 19,936 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS..... 16,875 19,875 16,875 3,000 19,875
................................. National Science, [3,000] [3,000]
Technology, and Security
Roundtable with Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD 34,448 34,448 34,448 34,448
ENLISTMENT, TESTING AND
EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION. 22,203 22,203 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D.............. 13,208 13,208 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.. 8,017 8,017 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194 3,194 3,194
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000 6,000 1,000
DEVELOPMENT SUPPORT.
................................. Increase.................... [5,000]
179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037 3,037 3,037
INITIATIVE (DOSI).
180 0204571J JOINT STAFF ANALYTICAL SUPPORT.. 9,216 9,216 9,216 9,216
183 0303166J SUPPORT TO INFORMATION 553 553 553 553
OPERATIONS (IO) CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY DECEPTION 1,014 1,014 1,014 1,014
PROGRAM OFFICE (DMDPO).
185 0305172K COMBINED ADVANCED APPLICATIONS.. 58,667 58,667 58,667 -10,000 48,667
................................. Unjustified growth.......... [-10,000]
187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081 21,081 21,081
INNOVATION INVESTMENTS.
189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235 221,235 221,235
FUNCTIONAL TEAMS.
191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073 40,073 40,073
TRAINING TRANSFORMATION
(CE2T2)--NON-MHA.
192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100 100 100
MANAGEMENT INSTITUTE (DEOMI).
193 0901598C MANAGEMENT HQ--MDA.............. 27,065 27,065 27,065 27,065
194 0903235K JOINT SERVICE PROVIDER (JSP).... 3,090 3,090 3,090 3,090
194A 9999999999 CLASSIFIED PROGRAMS............. 51,471 51,471 51,471 51,471
................................. SUBTOTAL MANAGEMENT SUPPORT.. 1,354,628 1,337,628 1,355,628 -1,000 1,353,628
.................................
................................. OPERATIONAL SYSTEM DEVELOPMENT
................................. UNDISTRIBUTED
195 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 7,945 7,945 7,945 7,945
196 0604532K JOINT ARTIFICIAL INTELLIGENCE... 208,834 166,834 208,834 208,834
................................. Early to need............... [-42,000]
197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947 1,947 1,947
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310 310 310
SHARED INFORMATION SYSTEM
(OHASIS).
199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 19,051 48,551 8,500 18,551
SUSTAINMENT SUPPORT.
................................. Advanced systems [5,000] [5,000]
manufacturing.
................................. Composite manufacturing [15,000]
technologies.
................................. Composite manufacturing [5,000]
technology.
................................. Lithium ion batteries....... [4,000]
................................. Printed circuit boards...... [15,000]
................................. Rare earth element [3,500] [3,500]
production.
200 0607310D8Z CWMD SYSTEMS: OPERATIONAL 12,734 12,734 12,734 12,734
SYSTEMS DEVELOPMENT.
201 0607327T GLOBAL THEATER SECURITY 14,800 14,800 14,800 -4,450 10,350
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
................................. Excess growth............... [-4,450]
202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023 54,023 54,023
(OPERATIONAL SYSTEMS
DEVELOPMENT).
203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537 4,537 4,537
(PDAS).
204 0208045K C4I INTEROPERABILITY............ 64,122 64,122 64,122 64,122
210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798 15,798 15,798
ENGINEERING AND INTEGRATION.
211 0303126K LONG-HAUL COMMUNICATIONS--DCS... 11,166 11,166 11,166 11,166
212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383 17,383 17,383
COMMUNICATIONS NETWORK (MEECN).
214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516 54,516 54,516
(KMI).
[[Page H9904]]
215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 89,631 92,631 25,000 92,631
PROGRAM.
................................. AI and Cyber Center of [25,000] [25,000]
Excellence.
................................. Cyber institutes for senior [12,000]
military colleges.
................................. Implementation of Cyber [10,000]
Excepted Service.
216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198 287,198 -1,882 287,198
PROGRAM.
................................. Realignment to DISA for [-1,882] [-1,882]
Sharkseer.
................................. Sharkseer transfer.......... [-1,882]
217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678 44,678 1,882 44,678
PROGRAM.
................................. Realignment for Sharkseer... [1,882] [1,882]
................................. Sharkseer transfer.......... [1,882]
218 0303150K GLOBAL COMMAND AND CONTROL 25,218 25,218 25,218 25,218
SYSTEM.
219 0303153K DEFENSE SPECTRUM ORGANIZATION... 21,698 21,698 21,698 21,698
220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077 18,077 18,077
(JRSS).
222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001 44,001 44,001
INFORMATION TECHNOLOGY.
228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400 17,400 2,400
ACTIVITIES.
................................. Local criminal records [15,000]
access.
232 0305186D8Z POLICY R&D PROGRAMS............. 6,301 6,301 6,301 6,301
233 0305199D8Z NET CENTRICITY.................. 21,384 21,384 21,384 21,384
235 0305208BB DISTRIBUTED COMMON GROUND/ 6,359 6,359 6,359 6,359
SURFACE SYSTEMS.
238 0305208K DISTRIBUTED COMMON GROUND/ 2,981 2,981 2,981 2,981
SURFACE SYSTEMS.
241 0305327V INSIDER THREAT.................. 1,964 1,964 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES.... 1,361 1,361 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS........ 1,770 1,770 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV........................ 20,697 20,697 20,697 20,697
256 1160403BB AVIATION SYSTEMS................ 245,795 263,021 254,595 17,200 262,995
................................. Program increase--Future [8,800] [8,800]
Vertical Lift.
................................. Program increase--RFCM...... [8,426]
................................. UPL Future vertical lift.... [8,800]
................................. UPL FVL realignment from [8,400]
RFCM.
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 15,484 15,484 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS........ 166,922 166,922 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................. 62,332 62,332 62,332 62,332
260 1160432BB SPECIAL PROGRAMS................ 21,805 21,805 21,805 21,805
261 1160434BB UNMANNED ISR.................... 37,377 37,377 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES........... 11,150 11,150 11,150 11,150
263 1160483BB MARITIME SYSTEMS................ 72,626 72,626 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM................ 6,158 6,158 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............. 4,542,640 4,542,640 4,542,640 4,542,640
................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,383,624 6,345,698 46,250 6,304,648
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 87,300 46,250 46,250
.................................
................................. TOTAL RESEARCH, 24,772,953 24,572,855 25,085,253 198,872 24,971,825
DEVELOPMENT, TEST & EVAL,
DW.
.................................
................................. OPERATIONAL TEST & EVAL, DEFENSE
................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION. 93,291 93,291 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION... 69,172 69,172 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737 58,737 58,737
ANALYSES.
................................. SUBTOTAL MANAGEMENT SUPPORT.. 221,200 221,200 221,200 221,200
.................................
................................. TOTAL OPERATIONAL TEST & 221,200 221,200 221,200 221,200
EVAL, DEFENSE.
.................................
................................. TOTAL RDT&E................ 103,395,545 100,742,469 104,053,153 -1,085,699 102,309,846
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9905]]
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 Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500 500 500
DEFENSE
SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 6,000 -6,000
RANGE AIR
DEFENSE (M-
SHORAD).
................ Unjustified [-6,000] [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 2,000 2,000
DEFENSE
(BUDGET
ACTIVITY 4).
................ Unjustified [-2,000]
request.
................ SUBTOTAL 17,114 17,114 17,114 17,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770 11,770 11,770
COUNTERMEASURE
S (CIRCM).
159 0605051A AIRCRAFT 77,420 77,420 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200 3,200 3,200
WARFARE
DEVELOPMENT.
................ SUBTOTAL SYSTEM 111,917 111,917 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
................
................ RDT&E
MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL 1,875 1,875 1,875 1,875
AND HUMAN
INTEL
MODERNIZATION.
................ SUBTOTAL RDT&E 1,875 1,875 1,875 1,875
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
238 0303028A SECURITY AND 22,904 22,904 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100 34,100 34,100
UNMANNED
AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214 2,214 2,214
ENABLED
INTELLIGENCE.
................ SUBTOTAL 73,218 73,218 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 204,124 196,124 204,124 -6,000 198,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400 2,400 2,400
TACTICAL
APPLICATIONS.
038 0603527N RETRACT LARCH.. 22,000 22,000 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428 1,428 1,428
TECHNOLOGY.
................ SUBTOTAL 40,006 40,006 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122 1,122 1,122
DEFENSE
(DETECT &
CONTROL).
................ SUBTOTAL SYSTEM 1,122 1,122 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
228 0206313M MARINE CORPS 15,000 15,000 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282 108,282 108,282
PROGRAMS.
................ SUBTOTAL 123,282 123,282 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 164,410 164,410 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885 17,885 17,885
CAPABILITIES
OFFICE.
................ SUBTOTAL 44,335 44,335 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
177 0205671F JOINT COUNTER 4,000 4,000 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200 1,200 1,200
APPLICATIONS.
[[Page H9906]]
311A 9999999999 CLASSIFIED 78,713 78,713 78,713 78,713
PROGRAMS.
................ SUBTOTAL 83,913 83,913 83,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 128,248 128,248 128,248 128,248
DEVELOPMENT,
TEST & EVAL,
AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
................ APPLIED
RESEARCH
010 0602134BR COUNTER 1,677 1,677 1,677 1,677
IMPROVISED-
THREAT
ADVANCED
STUDIES.
................ SUBTOTAL 1,677 1,677 1,677 1,677
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
025 0603122D8Z COMBATING 25,230 25,230 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
027 0603134BR COUNTER 49,528 49,528 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
................ SUBTOTAL 74,758 74,758 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES
094 0604134BR COUNTER 113,590 113,590 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
................ SUBTOTAL 113,590 113,590 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
................ UNDISTRIBUTED
258 1160408BB OPERATIONAL 726 726 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS 6,000 6,000 6,000 6,000
261 1160434BB UNMANNED ISR... 5,000 5,000 5,000 5,000
266A 9999999999 CLASSIFIED 200,199 200,199 200,199 200,199
PROGRAMS.
................ SUBTOTAL 211,925 211,925 211,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL RESEARCH, 401,950 401,950 401,950 401,950
DEVELOPMENT,
TEST & EVAL,
DW.
................
................ TOTAL RDT&E.... 898,732 890,732 898,732 -6,000 892,732
----------------------------------------------------------------------------------------------------------------
[[Page H9907]]
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY REQUIREMENTS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
................................ MANAGEMENT SUPPORT
187 0605864N TEST AND EVALUATION SUPPORT.... 0 129,000 129,000
................................ Earthquake damage recovery. [129,000]
................................ TOTAL RESEARCH, DEVELOPMENT, 0 129,000 129,000
TEST & EVAL, NAVY.
................................
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
................................ MANAGEMENT SUPPORT
128 0605807F TEST AND EVALUATION SUPPORT.... 0 14,436 14,436
................................ Earthquake damage recovery. [14,436]
138 0605976F FACILITIES RESTORATION AND 0 1,060 1,060
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
................................ Earthquake damage recovery. [1,060]
................................ TOTAL RESEARCH, DEVELOPMENT, 0 15,496 15,496
TEST & EVAL, AF.
................................
................................ TOTAL RDT&E.................... 0 144,496 144,496
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9908]]
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS...... 1,735,922 1,659,222 1,735,922 -337,248 1,398,674
Realignment to [-260,548]
OCO.............
Unjustified [-76,700] [-76,700]
growth..........
020 MODULAR SUPPORT 127,815 126,515 127,815 -3,150 124,665
BRIGADES...........
Unjustified [-1,300] [-3,150]
growth..........
030 ECHELONS ABOVE 716,356 709,356 716,356 -7,000 709,356
BRIGADE............
Unjustified [-7,000] [-7,000]
growth..........
040 THEATER LEVEL ASSETS 890,891 881,991 890,891 -12,000 878,891
Unjustified [-8,900] [-12,000]
growth..........
050 LAND FORCES 1,232,477 1,215,477 1,232,477 -9,500 1,222,977
OPERATIONS SUPPORT.
Program decrease [-15,000]
Unjustified [-2,000] [-9,500]
growth..........
060 AVIATION ASSETS..... 1,355,606 1,282,106 1,355,606 -86,500 1,269,106
Excess to need.. [-73,500] [-86,500]
070 FORCE READINESS 3,882,315 2,644,315 3,882,315 -1,218,000 2,664,315
OPERATIONS SUPPORT.
Excess FTE [-38,000]
request.........
Female personal [2,000] [2,000]
protective
equipment.......
Program decrease [-15,000]
Realignment to [-1,100,000] [-1,100,000]
OCO.............
Unjustified [-12,000] [-120,000]
growth..........
Unjustified [-75,000]
transfer........
080 LAND FORCES SYSTEMS 417,069 417,069 446,269 29,200 446,269
READINESS..........
UPL MDTF [29,200] [29,200]
INDOPACOM.......
090 LAND FORCES DEPOT 1,633,327 1,633,327 1,633,327 -25,000 1,608,327
MAINTENANCE........
Unjustified [-25,000]
growth..........
100 BASE OPERATIONS 8,047,933 8,032,933 7,951,473 -45,000 8,002,933
SUPPORT............
Army Community [30,000]
Services........
Historical [-46,000]
underexecution..
Revised MHPI [-50,460]
cost share......
Unjustified [-45,000] [-45,000]
growth..........
110 FACILITIES 4,326,840 4,051,840 4,326,840 4,326,840
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Unexecutable [-275,000]
growth..........
120 MANAGEMENT AND 405,612 405,612 405,612 405,612
OPERATIONAL
HEADQUARTERS.......
160 US AFRICA COMMAND... 251,511 251,511 251,511 -8,500 243,011
Unjustified [-8,500]
growth..........
170 US EUROPEAN COMMAND. 146,358 146,358 154,158 146,358
.................... [7,800]
180 US SOUTHERN COMMAND. 191,840 218,340 191,840 18,000 209,840
Multi-Mission [18,000] [18,000]
Support Vessel..
Overland [8,500]
airborne ISR
operations......
190 US FORCES KOREA..... 57,603 57,603 57,603 57,603
200 CYBERSPACE 423,156 423,156 423,156 423,156
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
210 CYBERSPACE 551,185 551,185 551,185 551,185
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 26,393,816 24,707,916 26,334,356 -1,704,698 24,689,118
OPERATING FORCES
MOBILIZATION
220 STRATEGIC MOBILITY.. 380,577 380,577 380,577 380,577
230 ARMY PREPOSITIONED 362,942 362,942 362,942 362,942
STOCKS.............
240 INDUSTRIAL 4,637 4,637 4,637 1,000 5,637
PREPAREDNESS.......
Advanced [1,000]
Manufacturing
COE Tech
Roadmapping.....
SUBTOTAL 748,156 748,156 748,156 1,000 749,156
MOBILIZATION....
TRAINING AND
RECRUITING
250 OFFICER ACQUISITION. 157,175 157,175 157,175 157,175
260 RECRUIT TRAINING.... 55,739 55,739 55,739 55,739
270 ONE STATION UNIT 62,300 62,300 62,300 62,300
TRAINING...........
280 SENIOR RESERVE 538,357 538,357 538,357 538,357
OFFICERS TRAINING
CORPS..............
290 SPECIALIZED SKILL 969,813 969,813 969,813 969,813
TRAINING...........
[[Page H9909]]
300 FLIGHT TRAINING..... 1,234,049 1,209,049 1,234,049 1,234,049
Changes to AH- [-25,000]
64E Program.....
310 PROFESSIONAL 218,338 218,338 218,338 218,338
DEVELOPMENT
EDUCATION..........
320 TRAINING SUPPORT.... 554,659 550,659 554,659 -2,000 552,659
Excess travel [-4,000] [-2,000]
request.........
330 RECRUITING AND 716,056 716,056 636,056 -10,000 706,056
ADVERTISING........
Unjustified [-70,000]
growth for
advertising.....
Unjustified [-10,000] [-10,000]
growth for
recruiting......
340 EXAMINING........... 185,034 185,034 185,034 185,034
350 OFF-DUTY AND 214,275 214,275 214,275 214,275
VOLUNTARY EDUCATION
360 CIVILIAN EDUCATION 147,647 147,647 147,647 147,647
AND TRAINING.......
370 JUNIOR RESERVE 173,812 173,812 173,812 173,812
OFFICER TRAINING
CORPS..............
SUBTOTAL 5,227,254 5,198,254 5,147,254 -12,000 5,215,254
TRAINING AND
RECRUITING......
ADMIN & SRVWIDE
ACTIVITIES
390 SERVICEWIDE 559,229 559,229 559,229 559,229
TRANSPORTATION.....
400 CENTRAL SUPPLY 929,944 927,944 929,944 -1,000 928,944
ACTIVITIES.........
Excess personnel [-2,000] [-1,000]
410 LOGISTIC SUPPORT 629,981 629,981 629,981 629,981
ACTIVITIES.........
420 AMMUNITION 458,771 458,771 458,771 -7,000 451,771
MANAGEMENT.........
Unjustified [-7,000]
growth..........
430 ADMINISTRATION...... 428,768 428,768 428,768 -10,000 418,768
Unjustified [-10,000]
growth..........
440 SERVICEWIDE 1,512,736 1,512,736 1,512,736 -40,000 1,472,736
COMMUNICATIONS.....
Program decrease [-40,000]
unaccounted for.
450 MANPOWER MANAGEMENT. 272,738 272,738 272,738 272,738
460 OTHER PERSONNEL 391,869 381,869 363,869 -30,000 361,869
SUPPORT............
Historical [-28,000]
underexecution..
Unjustified [-10,000] [-30,000]
growth..........
470 OTHER SERVICE 1,901,165 1,896,080 1,901,165 -20,000 1,881,165
SUPPORT............
Unjustified [-5,085] [-20,000]
headquarters
growth..........
480 ARMY CLAIMS 198,765 198,765 183,765 -7,500 191,265
ACTIVITIES.........
Historical [-15,000] [-7,500]
underexecution..
490 REAL ESTATE 226,248 226,248 226,248 226,248
MANAGEMENT.........
500 FINANCIAL MANAGEMENT 315,489 310,489 315,489 -23,000 292,489
AND AUDIT READINESS
Program decrease [-23,000]
unaccounted for.
Unjustified [-5,000]
growth to
General Fund
Enterprise
Business System.
510 INTERNATIONAL 427,254 427,254 427,254 427,254
MILITARY
HEADQUARTERS.......
520 MISC. SUPPORT OF 43,248 43,248 43,248 43,248
OTHER NATIONS......
565 CLASSIFIED PROGRAMS. 1,347,053 1,347,053 1,347,053 1,347,053
SUBTOTAL ADMIN & 9,643,258 9,621,173 9,600,258 -138,500 9,504,758
SRVWIDE
ACTIVITIES......
UNDISTRIBUTED
570 UNDISTRIBUTED....... -110,000
Overestimation [-110,000]
of civilian FTE
targets.........
SUBTOTAL -110,000
UNDISTRIBUTED...
TOTAL OPERATION 42,012,484 40,165,499 41,830,024 -1,854,198 40,158,286
& MAINTENANCE,
ARMY...........
OPERATION &
MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT 11,927 11,927 11,927 11,927
BRIGADES...........
020 ECHELONS ABOVE 533,015 533,015 533,015 533,015
BRIGADE............
030 THEATER LEVEL ASSETS 119,517 118,101 119,517 -1,416 118,101
Insufficient [-1,416] [-1,416]
justification...
040 LAND FORCES 550,468 548,268 550,468 -7,000 543,468
OPERATIONS SUPPORT.
Insufficient [-2,200] [-7,000]
justification...
050 AVIATION ASSETS..... 86,670 85,170 86,670 -1,500 85,170
Unjustified [-1,500] [-1,500]
growth..........
060 FORCE READINESS 390,061 388,661 390,061 -1,400 388,661
OPERATIONS SUPPORT.
Excess civilian [-400] [-1,400]
increase........
Excess travel [-1,000]
increase........
070 LAND FORCES SYSTEMS 101,890 101,890 101,890 101,890
READINESS..........
080 LAND FORCES DEPOT 48,503 48,503 48,503 48,503
MAINTENANCE........
090 BASE OPERATIONS 598,907 598,907 598,907 -4,200 594,707
SUPPORT............
Insufficient [-4,200]
justification...
[[Page H9910]]
100 FACILITIES 444,376 444,376 444,376 444,376
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
110 MANAGEMENT AND 22,095 22,095 22,095 22,095
OPERATIONAL
HEADQUARTERS.......
120 CYBERSPACE 3,288 3,288 3,288 3,288
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
130 CYBERSPACE 7,655 7,655 7,655 7,655
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 2,918,372 2,911,856 2,918,372 -15,516 2,902,856
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
UNDISTRIBUTED
140 SERVICEWIDE 14,533 14,533 14,533 14,533
TRANSPORTATION.....
150 ADMINISTRATION...... 17,231 17,231 17,231 17,231
160 SERVICEWIDE 14,304 14,304 14,304 14,304
COMMUNICATIONS.....
170 MANPOWER MANAGEMENT. 6,129 6,129 6,129 6,129
180 RECRUITING AND 58,541 58,541 58,541 58,541
ADVERTISING........
SUBTOTAL ADMIN & 110,738 110,738 110,738 110,738
SRVWD ACTIVITIES
200 UNDISTRIBUTED....... -25,000 -25,000
Overestimation [-25,000]
of civilian FTE
targets.........
SUBTOTAL -25,000 -25,000
UNDISTRIBUTED...
TOTAL OPERATION 3,029,110 3,022,594 3,029,110 -40,516 2,988,594
& MAINTENANCE,
ARMY RES.......
OPERATION &
MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS...... 805,671 797,671 805,671 -30,000 775,671
Excess growth... [-8,000] [-30,000]
020 MODULAR SUPPORT 195,334 193,334 195,334 -2,000 193,334
BRIGADES...........
Excess growth... [-2,000] [-2,000]
030 ECHELONS ABOVE 771,048 770,548 771,048 -500 770,548
BRIGADE............
Excess growth... [-500] [-500]
040 THEATER LEVEL ASSETS 94,726 91,826 94,726 -500 94,226
Excess growth... [-2,900] [-500]
050 LAND FORCES 33,696 33,696 33,696 1,489 35,185
OPERATIONS SUPPORT.
Program [1,489]
increase--advanc
ed trauma
training program
060 AVIATION ASSETS..... 981,819 973,819 981,819 -8,000 973,819
Insufficient [-8,000] [-8,000]
justification...
070 FORCE READINESS 743,206 743,206 743,206 743,206
OPERATIONS SUPPORT.
080 LAND FORCES SYSTEMS 50,963 50,963 50,963 50,963
READINESS..........
090 LAND FORCES DEPOT 258,278 249,778 258,278 -4,250 254,028
MAINTENANCE........
Insufficient [-8,500] [-4,250]
justification...
100 BASE OPERATIONS 1,153,076 1,121,576 1,153,076 -20,000 1,133,076
SUPPORT............
Insufficient [-31,500] [-20,000]
justification...
110 FACILITIES 1,113,475 1,033,475 1,120,675 1,113,475
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Damage [7,200]
assessment......
Insufficient [-80,000]
justification...
120 MANAGEMENT AND 1,001,042 987,042 1,001,042 -14,000 987,042
OPERATIONAL
HEADQUARTERS.......
Insufficient [-14,000] [-14,000]
justification...
130 CYBERSPACE 8,448 8,448 8,448 8,448
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
140 CYBERSPACE 7,768 7,768 7,768 7,768
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 7,218,550 7,063,150 7,225,750 -77,761 7,140,789
OPERATING FORCES
210 UNDISTRIBUTED....... -20,000 -20,000
Overestimation [-20,000]
of civilian FTE
targets.........
SUBTOTAL -20,000 -20,000
UNDISTRIBUTED...
ADMIN & SRVWD
ACTIVITIES
150 SERVICEWIDE 9,890 9,890 9,890 9,890
TRANSPORTATION.....
160 ADMINISTRATION...... 71,070 71,070 71,070 71,070
170 SERVICEWIDE 68,213 68,213 68,213 -6,000 62,213
COMMUNICATIONS.....
Program decrease [-6,000]
unaccounted for.
180 MANPOWER MANAGEMENT. 8,628 8,628 8,628 8,628
190 OTHER PERSONNEL 250,376 250,376 247,376 250,376
SUPPORT............
Unjustified [-1,500]
growth for
marketing.......
Unjustified [-1,500]
growth for
recruiting......
200 REAL ESTATE 2,676 2,676 2,676 2,676
MANAGEMENT.........
SUBTOTAL ADMIN & 410,853 410,853 407,853 -6,000 404,853
SRVWD ACTIVITIES
TOTAL OPERATION 7,629,403 7,474,003 7,633,603 -103,761 7,525,642
& MAINTENANCE,
ARNG...........
[[Page H9911]]
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 5,309,109 5,029,734 5,309,109 -650,000 4,659,109
FLIGHT OPERATIONS..
Excess growth... [-15,000]
Projected [-50,000] [-50,000]
underexecution..
Realignment to [-214,375] [-600,000]
OCO.............
020 FLEET AIR TRAINING.. 2,284,828 2,234,828 2,284,828 -35,000 2,249,828
Projected [-50,000] [-35,000]
underexecution..
030 AVIATION TECHNICAL 59,299 59,299 59,299 59,299
DATA & ENGINEERING
SERVICES...........
040 AIR OPERATIONS AND 155,896 155,896 155,896 155,896
SAFETY SUPPORT.....
050 AIR SYSTEMS SUPPORT. 719,107 719,107 719,107 719,107
060 AIRCRAFT DEPOT 1,154,181 1,154,181 1,154,181 1,154,181
MAINTENANCE........
070 AIRCRAFT DEPOT 60,402 59,202 60,402 -1,200 59,202
OPERATIONS SUPPORT.
Excess growth... [-1,200] [-1,200]
080 AVIATION LOGISTICS.. 1,241,421 1,219,421 1,241,421 -22,000 1,219,421
Projected [-22,000] [-22,000]
underexecution..
090 MISSION AND OTHER 4,097,262 3,596,262 4,097,262 -550,000 3,547,262
SHIP OPERATIONS....
Realignment to [-450,000] [-450,000]
OCO.............
Unjustified [-51,000] [-100,000]
growth..........
100 SHIP OPERATIONS 1,031,792 1,029,792 1,031,792 -2,000 1,029,792
SUPPORT & TRAINING.
Excess civilian [-2,000] [-2,000]
growth..........
110 SHIP DEPOT 8,061,298 8,895,298 8,875,298 653,000 8,714,298
MAINTENANCE........
Program increase [653,000]
Surface ship [161,000]
maintenance.....
UPL SSN and ship [814,000]
maintenance
increase........
USS Boise....... [310,000]
USS Columbus.... [57,000]
USS Hartford.... [306,000]
120 SHIP DEPOT 2,073,641 2,066,141 2,073,641 -7,500 2,066,141
OPERATIONS SUPPORT.
Insufficient [-7,500] [-7,500]
justification...
130 COMBAT 1,378,856 1,378,856 1,378,856 -14,000 1,364,856
COMMUNICATIONS AND
ELECTRONIC WARFARE.
Unjustified [-14,000]
growth..........
140 SPACE SYSTEMS AND 276,245 273,745 276,245 -2,500 273,745
SURVEILLANCE.......
Unjustified [-2,500] [-2,500]
growth..........
150 WARFARE TACTICS..... 675,209 675,209 675,209 675,209
160 OPERATIONAL 389,516 389,516 389,516 389,516
METEOROLOGY AND
OCEANOGRAPHY.......
170 COMBAT SUPPORT 1,536,310 1,526,310 1,536,310 -410,000 1,126,310
FORCES.............
Realignment to [-400,000]
OCO.............
Unjustified [-10,000] [-10,000]
growth..........
180 EQUIPMENT 161,579 161,579 161,579 161,579
MAINTENANCE AND
DEPOT OPERATIONS
SUPPORT............
190 COMBATANT COMMANDERS 59,521 59,521 59,521 59,521
CORE OPERATIONS....
200 COMBATANT COMMANDERS 93,978 93,978 98,978 5,000 98,978
DIRECT MISSION
SUPPORT............
Posture site [5,000] [5,000]
assessments
INDOPACOM.......
210 MILITARY INFORMATION 8,641 8,641 8,641 8,641
SUPPORT OPERATIONS.
220 CYBERSPACE 496,385 496,385 496,385 496,385
ACTIVITIES.........
230 FLEET BALLISTIC 1,423,339 1,423,339 1,423,339 1,423,339
MISSILE............
240 WEAPONS MAINTENANCE. 924,069 895,032 924,069 -29,037 895,032
Insufficient [-29,037] [-29,037]
justification...
250 OTHER WEAPON SYSTEMS 540,210 540,210 540,210 540,210
SUPPORT............
260 ENTERPRISE 1,131,627 1,081,627 1,131,627 -20,000 1,111,627
INFORMATION........
Unjustified [-50,000] [-20,000]
growth..........
270 SUSTAINMENT, 3,029,634 2,929,634 3,029,634 3,029,634
RESTORATION AND
MODERNIZATION......
Unexecutable [-100,000]
growth..........
280 BASE OPERATING 4,414,943 4,414,943 4,433,783 4,414,943
SUPPORT............
Revised MHPI [18,840]
cost share......
SUBTOTAL 42,788,298 42,567,686 43,626,138 -1,085,237 41,703,061
OPERATING FORCES
MOBILIZATION
290 SHIP PREPOSITIONING 942,902 668,561 942,902 942,902
AND SURGE..........
Realignment to [-9,590]
NDSF (DoD
mobilization
alterations)....
Realignment to [-264,751]
NDSF (LSMR
maintenance)....
300 READY RESERVE FORCE. 352,044 352,044 352,044
Realignment to [-352,044]
NDSF............
310 SHIP ACTIVATIONS/ 427,555 427,555 427,555 427,555
INACTIVATIONS......
320 EXPEDITIONARY HEALTH 137,597 40,730 137,597 137,597
SERVICES SYSTEMS...
Realignment to [-96,867]
NDSF (TAH
maintenance)....
[[Page H9912]]
330 COAST GUARD SUPPORT. 24,604 24,604 24,604 24,604
SUBTOTAL 1,884,702 1,161,450 1,884,702 1,884,702
MOBILIZATION....
TRAINING AND
RECRUITING
340 OFFICER ACQUISITION. 150,765 150,765 150,765 150,765
350 RECRUIT TRAINING.... 11,584 11,584 11,584 11,584
360 RESERVE OFFICERS 159,133 159,133 159,133 159,133
TRAINING CORPS.....
370 SPECIALIZED SKILL 911,316 891,316 911,316 -20,000 891,316
TRAINING...........
Insufficient [-20,000] [-20,000]
justification...
380 PROFESSIONAL 185,211 186,261 185,211 1,050 186,261
DEVELOPMENT
EDUCATION..........
Program [1,050] [1,050]
increase: Sea
Cadets..........
390 TRAINING SUPPORT.... 267,224 267,224 267,224 267,224
400 RECRUITING AND 209,252 209,252 189,252 -5,000 204,252
ADVERTISING........
Insufficient [-5,000]
justification...
Unjustified [-20,000]
growth..........
410 OFF-DUTY AND 88,902 88,902 88,902 88,902
VOLUNTARY EDUCATION
420 CIVILIAN EDUCATION 67,492 67,492 67,492 67,492
AND TRAINING.......
430 JUNIOR ROTC......... 55,164 55,164 55,164 55,164
SUBTOTAL 2,106,043 2,087,093 2,086,043 -23,950 2,082,093
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
440 ADMINISTRATION...... 1,143,358 1,096,733 1,092,358 -40,000 1,103,358
Excess civilian [-14,375]
growth..........
Insufficient [-25,500]
justification--M
HA Transfer.....
Program decrease [-1,000]
Unjustified [-50,000]
audit growth....
Unjustified [-6,750] [-40,000]
growth..........
450 CIVILIAN MANPOWER 178,342 175,342 178,342 -3,000 175,342
AND PERSONNEL
MANAGEMENT.........
Excess civilian [-3,000] [-3,000]
growth..........
460 MILITARY MANPOWER 418,413 418,413 418,413 418,413
AND PERSONNEL
MANAGEMENT.........
490 SERVICEWIDE 157,465 157,465 157,465 157,465
TRANSPORTATION.....
510 PLANNING, 485,397 485,397 490,397 5,000 490,397
ENGINEERING, AND
PROGRAM SUPPORT....
REPO............ [5,000] [5,000]
520 ACQUISITION, 654,137 654,137 654,137 -7,000 647,137
LOGISTICS, AND
OVERSIGHT..........
Unjustified [-7,000]
growth..........
530 INVESTIGATIVE AND 718,061 718,061 718,061 718,061
SECURITY SERVICES..
645 CLASSIFIED PROGRAMS. 591,535 591,535 591,535 591,535
SUBTOTAL ADMIN & 4,346,708 4,297,083 4,300,708 -45,000 4,301,708
SRVWD ACTIVITIES
UNDISTRIBUTED
650 UNDISTRIBUTED....... -30,000 -20,000 -20,000
Overestimation [-30,000] [-20,000]
of civilian FTE
targets.........
SUBTOTAL -30,000 -20,000 -20,000
UNDISTRIBUTED...
TOTAL OPERATION 51,125,751 50,083,312 51,897,591 -1,174,187 49,951,564
& MAINTENANCE,
NAVY...........
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.. 968,224 927,224 968,224 -241,000 727,224
Excess civilian [-1,000] [-1,000]
growth..........
Realignment to [-200,000]
OCO.............
Unjustified [-40,000] [-40,000]
growth..........
020 FIELD LOGISTICS..... 1,278,533 1,269,533 1,278,533 -214,000 1,064,533
Excess civilian [-2,000]
growth..........
Realignment to [-200,000]
OCO.............
Unjustified [-7,000] [-14,000]
growth..........
030 DEPOT MAINTENANCE... 232,991 232,991 232,991 232,991
040 MARITIME 100,396 100,396 100,396 100,396
PREPOSITIONING.....
050 CYBERSPACE 203,580 201,580 203,580 203,580
ACTIVITIES.........
Excess civilian [-2,000]
growth..........
060 SUSTAINMENT, 1,559,034 1,559,034 1,559,034 1,559,034
RESTORATION &
MODERNIZATION......
070 BASE OPERATING 2,253,776 2,213,776 2,253,776 -30,000 2,223,776
SUPPORT............
Excess civilian [-6,000]
growth..........
Unjustified [-34,000] [-30,000]
growth..........
SUBTOTAL 6,596,534 6,504,534 6,596,534 -485,000 6,111,534
OPERATING FORCES
[[Page H9913]]
TRAINING AND
RECRUITING
080 RECRUIT TRAINING.... 21,240 21,240 21,240 21,240
090 OFFICER ACQUISITION. 1,168 1,168 1,168 1,168
100 SPECIALIZED SKILL 106,601 106,601 106,601 106,601
TRAINING...........
110 PROFESSIONAL 49,095 49,095 49,095 49,095
DEVELOPMENT
EDUCATION..........
120 TRAINING SUPPORT.... 407,315 403,715 407,315 407,315
Excess civilian [-1,300]
growth..........
Unjustified [-2,300]
growth..........
130 RECRUITING AND 210,475 210,475 210,475 210,475
ADVERTISING........
140 OFF-DUTY AND 42,810 42,810 42,810 42,810
VOLUNTARY EDUCATION
150 JUNIOR ROTC......... 25,183 25,183 25,183 25,183
SUBTOTAL 863,887 860,287 863,887 863,887
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
160 SERVICEWIDE 29,894 29,894 29,894 29,894
TRANSPORTATION.....
170 ADMINISTRATION...... 384,352 383,002 384,352 384,352
Excess civilian [-750]
growth..........
Unjustified [-600]
growth..........
225 CLASSIFIED PROGRAMS. 52,057 52,057 52,057 52,057
SUBTOTAL ADMIN & 466,303 464,953 466,303 466,303
SRVWD ACTIVITIES
TOTAL OPERATION 7,926,724 7,829,774 7,926,724 -485,000 7,441,724
& MAINTENANCE,
MARINE CORPS...
OPERATION &
MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER 654,220 639,220 654,220 -25,000 629,220
FLIGHT OPERATIONS..
Unjustified [-15,000] [-25,000]
growth..........
020 INTERMEDIATE 8,767 8,767 8,767 8,767
MAINTENANCE........
030 AIRCRAFT DEPOT 108,236 108,236 108,236 108,236
MAINTENANCE........
040 AIRCRAFT DEPOT 463 463 463 463
OPERATIONS SUPPORT.
050 AVIATION LOGISTICS.. 26,014 26,014 26,014 26,014
060 SHIP OPERATIONS 583 583 583 583
SUPPORT & TRAINING.
070 COMBAT 17,883 17,883 17,883 17,883
COMMUNICATIONS.....
080 COMBAT SUPPORT 128,079 128,079 128,079 128,079
FORCES.............
090 CYBERSPACE 356 356 356 356
ACTIVITIES.........
100 ENTERPRISE 26,133 26,133 26,133 26,133
INFORMATION........
110 SUSTAINMENT, 35,397 35,397 35,397 35,397
RESTORATION AND
MODERNIZATION......
120 BASE OPERATING 101,376 101,376 101,376 101,376
SUPPORT............
SUBTOTAL 1,107,507 1,092,507 1,107,507 -25,000 1,082,507
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
130 ADMINISTRATION...... 1,888 1,888 1,888 1,888
140 MILITARY MANPOWER 12,778 12,778 12,778 12,778
AND PERSONNEL
MANAGEMENT.........
150 ACQUISITION AND 2,943 2,943 2,943 2,943
PROGRAM MANAGEMENT.
SUBTOTAL ADMIN & 17,609 17,609 17,609 17,609
SRVWD ACTIVITIES
TOTAL OPERATION 1,125,116 1,110,116 1,125,116 -25,000 1,100,116
& MAINTENANCE,
NAVY RES.......
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.... 106,484 106,484 106,484 106,484
020 DEPOT MAINTENANCE... 18,429 18,429 18,429 18,429
030 SUSTAINMENT, 47,516 47,516 47,516 47,516
RESTORATION AND
MODERNIZATION......
040 BASE OPERATING 106,073 106,073 106,073 106,073
SUPPORT............
SUBTOTAL 278,502 278,502 278,502 278,502
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
050 ADMINISTRATION...... 13,574 13,574 13,574 13,574
SUBTOTAL ADMIN & 13,574 13,574 13,574 13,574
SRVWD ACTIVITIES
TOTAL OPERATION 292,076 292,076 292,076 292,076
& MAINTENANCE,
MC RESERVE.....
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT 729,127 727,477 729,127 729,127
FORCES.............
Excess travel [-1,650]
costs...........
[[Page H9914]]
020 COMBAT ENHANCEMENT 1,318,770 1,318,770 1,318,770 -400,000 918,770
FORCES.............
Realignment to [-400,000]
OCO.............
030 AIR OPERATIONS 1,486,790 1,446,790 1,486,790 -40,000 1,446,790
TRAINING (OJT,
MAINTAIN SKILLS)...
Unjustified [-40,000] [-40,000]
growth..........
040 DEPOT PURCHASE 3,334,792 3,534,792 3,334,792 -35,000 3,299,792
EQUIPMENT
MAINTENANCE........
Readiness [200,000]
restoration.....
Unjustified [-35,000]
growth..........
050 FACILITIES 4,142,435 4,142,435 4,142,435 4,142,435
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
060 CYBERSPACE 228,811 228,811 228,811 228,811
SUSTAINMENT........
070 CONTRACTOR LOGISTICS 8,329,364 8,438,364 8,329,364 18,000 8,347,364
SUPPORT AND SYSTEM
SUPPORT............
Expansion of [18,000] [18,000]
Conditions Based
Maintenance Plus
(CBM+)..........
Readiness [91,000]
restoration.....
080 FLYING HOUR PROGRAM. 4,048,773 3,498,773 4,048,773 -630,000 3,418,773
Realignment to [-550,000] [-550,000]
OCO.............
Unjustified [-80,000]
growth..........
090 BASE OPERATIONS 7,223,982 7,073,982 7,223,982 -290,000 6,933,982
SUPPORT............
Insufficient [-150,000] [-90,000]
justification...
Realignment to [-200,000]
OCO.............
100 GLOBAL C3I AND EARLY 964,553 964,553 964,553 964,553
WARNING............
110 OTHER COMBAT OPS SPT 1,032,307 1,026,161 1,032,307 -6,146 1,026,161
PROGRAMS...........
Unjustified [-6,146] [-6,146]
growth..........
120 CYBERSPACE 670,076 670,076 670,076 670,076
ACTIVITIES.........
140 LAUNCH FACILITIES... 179,980 179,980 179,980 179,980
150 SPACE CONTROL 467,990 464,490 467,990 -3,600 464,390
SYSTEMS............
Insufficient [-3,500] [-3,600]
justification...
160 US NORTHCOM/NORAD... 184,655 184,655 184,655 184,655
170 US STRATCOM......... 478,357 478,357 478,357 478,357
180 US CYBERCOM......... 323,121 323,121 347,921 24,800 347,921
Accelerate [1,500] [1,500]
development of
Cyber National
Mission Force
capabilities....
Cyber National [5,300] [5,300]
Mission Force
mobile & modular
hunt forward kit
ETERNALDARKNESS. [18,000] [18,000]
190 US CENTCOM.......... 160,989 160,989 160,989 160,989
200 US SOCOM............ 6,225 6,225 6,225 6,225
210 US TRANSCOM......... 544 544 544 544
220 CENTCOM CYBERSPACE 2,073 2,073 2,073 2,073
SUSTAINMENT........
230 USSPACECOM.......... 70,588 70,588 70,588 70,588
235 CLASSIFIED PROGRAMS. 1,322,944 1,322,944 1,322,944 -6,250 1,316,694
Unjustified [-6,250]
increase........
SUBTOTAL 36,707,246 36,264,950 36,732,046 -1,368,196 35,339,050
OPERATING FORCES
MOBILIZATION
240 AIRLIFT OPERATIONS.. 1,158,142 1,151,342 1,158,142 1,158,142
Unjustified [-6,800]
growth..........
250 MOBILIZATION 138,672 130,172 138,672 -8,500 130,172
PREPAREDNESS.......
Unjustified [-8,500] [-8,500]
growth..........
SUBTOTAL 1,296,814 1,281,514 1,296,814 -8,500 1,288,314
MOBILIZATION....
TRAINING AND
RECRUITING
260 OFFICER ACQUISITION. 130,835 130,835 130,835 130,835
270 RECRUIT TRAINING.... 26,021 26,021 26,021 26,021
280 RESERVE OFFICERS 121,391 121,391 121,391 121,391
TRAINING CORPS
(ROTC).............
290 SPECIALIZED SKILL 454,539 449,539 454,539 -40,000 414,539
TRAINING...........
Insufficient [-5,000]
justification...
Unjustified [-40,000]
growth..........
300 FLIGHT TRAINING..... 600,565 600,565 600,565 600,565
310 PROFESSIONAL 282,788 282,788 282,788 282,788
DEVELOPMENT
EDUCATION..........
320 TRAINING SUPPORT.... 123,988 119,988 123,988 -10,000 113,988
Unjustified [-4,000] [-10,000]
growth..........
330 RECRUITING AND 167,731 167,731 161,731 -5,000 162,731
ADVERTISING........
Unjustified [-6,000] [-5,000]
growth..........
340 EXAMINING........... 4,576 4,576 4,576 4,576
350 OFF-DUTY AND 211,911 211,911 211,911 211,911
VOLUNTARY EDUCATION
360 CIVILIAN EDUCATION 219,021 219,021 219,021 219,021
AND TRAINING.......
370 JUNIOR ROTC......... 62,092 62,092 62,092 62,092
SUBTOTAL 2,405,458 2,396,458 2,399,458 -55,000 2,350,458
TRAINING AND
RECRUITING......
[[Page H9915]]
ADMIN & SRVWD
ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS 664,926 664,926 664,926 664,926
390 TECHNICAL SUPPORT 101,483 101,483 101,483 101,483
ACTIVITIES.........
400 ADMINISTRATION...... 892,480 892,480 892,480 892,480
410 SERVICEWIDE 152,532 152,532 152,532 -30,000 122,532
COMMUNICATIONS.....
Insufficient [-30,000]
justification...
420 OTHER SERVICEWIDE 1,254,089 1,254,089 1,254,089 -50,000 1,204,089
ACTIVITIES.........
Program decrease [-20,000]
unaccounted for.
Remove one-time [-30,000]
fiscal year 2019
increase........
430 CIVIL AIR PATROL.... 30,070 37,200 30,070 7,130 37,200
Improved [7,130] [7,130]
emergency crew
readiness.......
460 INTERNATIONAL 136,110 136,110 136,110 136,110
SUPPORT............
465 CLASSIFIED PROGRAMS. 1,269,624 1,269,624 1,269,624 1,269,624
SUBTOTAL ADMIN & 4,501,314 4,508,444 4,501,314 -72,870 4,428,444
SRVWD ACTIVITIES
TOTAL OPERATION 44,910,832 44,451,366 44,929,632 -1,504,566 43,406,266
& MAINTENANCE,
AIR FORCE......
OPERATION &
MAINTENANCE, SPACE
FORCE
UNDISTRIBUTED
010 BASE SUPPORT........ 72,436 15,000 72,436 72,436
Insufficient [-57,436]
justification...
SUBTOTAL 72,436 15,000 72,436 72,436
OPERATING FORCES
TOTAL OPERATION 72,436 15,000 72,436 72,436
& MAINTENANCE,
SPACE FORCE....
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT 1,781,413 1,739,288 1,781,413 -25,000 1,756,413
FORCES.............
Delay in KC-46 [-31,492] [-25,000]
aircraft
delivery........
Excess growth... [-10,633]
020 MISSION SUPPORT 209,650 204,150 209,650 -5,500 204,150
OPERATIONS.........
Insufficient [-5,500]
justification...
Unjustified [-5,500]
growth..........
030 DEPOT PURCHASE 494,235 484,235 494,235 -10,000 484,235
EQUIPMENT
MAINTENANCE........
Excess growth... [-10,000] [-10,000]
040 FACILITIES 128,746 128,746 128,746 128,746
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
050 CONTRACTOR LOGISTICS 256,512 256,512 256,512 256,512
SUPPORT AND SYSTEM
SUPPORT............
060 BASE SUPPORT........ 414,626 414,626 414,626 414,626
070 CYBERSPACE 1,673 1,673 1,673 1,673
ACTIVITIES.........
SUBTOTAL 3,286,855 3,229,230 3,286,855 -40,500 3,246,355
OPERATING FORCES
ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES
UNDISTRIBUTED
080 ADMINISTRATION...... 69,436 69,436 69,436 69,436
090 RECRUITING AND 22,124 22,124 22,124 22,124
ADVERTISING........
100 MILITARY MANPOWER 10,946 10,946 10,946 10,946
AND PERS MGMT
(ARPC).............
110 OTHER PERS SUPPORT 7,009 7,009 7,009 7,009
(DISABILITY COMP)..
120 AUDIOVISUAL......... 448 448 448 448
SUBTOTAL 109,963 109,963 109,963 109,963
ADMINISTRATION
AND SERVICEWIDE
ACTIVITIES......
TOTAL OPERATION 3,396,818 3,339,193 3,396,818 -40,500 3,356,318
& MAINTENANCE,
AF RESERVE.....
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS. 2,497,967 2,414,000 2,497,967 -25,000 2,472,967
Delay in KC-46 [-5,267] [-25,000]
aircraft
delivery........
Insufficient [-78,700]
justification...
020 MISSION SUPPORT 600,377 585,377 600,377 -15,000 585,377
OPERATIONS.........
Insufficient [-15,000] [-15,000]
justification...
030 DEPOT PURCHASE 879,467 872,467 879,467 879,467
EQUIPMENT
MAINTENANCE........
Excess growth... [-7,000]
040 FACILITIES 400,734 395,134 400,734 400,734
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Insufficient [-5,600]
justification...
050 CONTRACTOR LOGISTICS 1,299,089 1,290,089 1,299,089 1,299,089
SUPPORT AND SYSTEM
SUPPORT............
Excess growth... [-9,000]
[[Page H9916]]
060 BASE SUPPORT........ 911,775 901,775 911,775 911,775
Insufficient [-10,000]
justification...
070 CYBERSPACE 24,742 24,742 24,742 24,742
SUSTAINMENT........
080 CYBERSPACE 25,507 25,507 25,507 25,507
ACTIVITIES.........
SUBTOTAL 6,639,658 6,509,091 6,639,658 -40,000 6,599,658
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
UNDISTRIBUTED
090 ADMINISTRATION...... 47,215 47,215 47,215 47,215
100 RECRUITING AND 40,356 40,356 40,356 40,356
ADVERTISING........
SUBTOTAL 87,571 87,571 87,571 87,571
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
110 UNDISTRIBUTED....... -30,000 -30,000
Maintain program [-30,000]
affordability:
Overestimation
of civilian FTE
targets.........
SUBTOTAL -30,000 -30,000
UNDISTRIBUTED...
TOTAL OPERATION 6,727,229 6,596,662 6,727,229 -70,000 6,657,229
& MAINTENANCE,
ANG............
OPERATION AND
MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF 409,542 409,542 409,542 -17,000 392,542
STAFF..............
Program decrease [-12,000]
unaccounted for.
Remove one-time [-5,000]
fiscal year 2019
costs...........
020 JOINT CHIEFS OF 579,179 579,179 579,179 579,179
STAFF--CE2T2.......
030 JOINT CHIEFS OF 24,598 24,598 24,598 24,598
STAFF--CYBER.......
040 SPECIAL OPERATIONS 1,075,762 1,075,762 1,075,762 -5,500 1,070,262
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES.........
Classified [-5,500]
adjustment......
050 SPECIAL OPERATIONS 14,409 14,409 14,409 14,409
COMMAND CYBERSPACE
ACTIVITIES.........
060 SPECIAL OPERATIONS 501,747 486,747 501,747 -14,794 486,953
COMMAND
INTELLIGENCE.......
DCGS--SOF - [-5,794]
excess to need..
Program [-9,000] [-9,000]
decrease--SOCRAT
ES..............
Unjustified [-6,000]
growth--DCGS....
070 SPECIAL OPERATIONS 559,300 544,300 559,300 -15,000 544,300
COMMAND MAINTENANCE
Projected [-15,000] [-15,000]
underexecution..
080 SPECIAL OPERATIONS 177,928 167,928 177,928 177,928
COMMAND MANAGEMENT/
OPERATIONAL
HEADQUARTERS.......
Program decrease [-10,000]
090 SPECIAL OPERATIONS 925,262 889,262 925,262 -25,500 899,762
COMMAND OPERATIONAL
SUPPORT............
Base support [-6,000] [-5,900]
underexecution..
Operational [-10,000] [-9,600]
support
underexecution..
Program decrease [-10,000]
Unjustified [-10,000] [-10,000]
growth--C4IAS
Saas............
100 SPECIAL OPERATIONS 2,764,738 2,709,738 2,764,738 -514,700 2,250,038
COMMAND THEATER
FORCES.............
Program decrease [-70,000] [-14,700]
Program [15,000]
increase--suicid
e prevention....
Realignment to [-500,000]
OCO.............
SUBTOTAL 7,032,465 6,901,465 7,032,465 -592,494 6,439,971
OPERATING FORCES
TRAINING AND
RECRUITING
120 DEFENSE ACQUISITION 180,250 180,250 180,250 180,250
UNIVERSITY.........
130 JOINT CHIEFS OF 100,610 100,610 100,610 100,610
STAFF..............
140 PROFESSIONAL 33,967 33,967 33,967 33,967
DEVELOPMENT
EDUCATION..........
SUBTOTAL 314,827 314,827 314,827 314,827
TRAINING AND
RECRUITING......
ADMIN & SRVWIDE
ACTIVITIES
160 CIVIL MILITARY 165,707 245,707 195,007 94,300 260,007
PROGRAMS...........
IRT Increase.... [14,300] [14,300]
National Guard [50,000] [50,000]
Youth Challenge
Program support.
Program [30,000] [30,000]
increase--STARBA
SE..............
Starbase........ [15,000]
180 DEFENSE CONTRACT 627,467 627,467 627,467 627,467
AUDIT AGENCY.......
190 DEFENSE CONTRACT 3,362 3,362 3,362 3,362
AUDIT AGENCY--CYBER
200 DEFENSE CONTRACT 1,438,068 1,413,068 1,438,068 -20,000 1,418,068
MANAGEMENT AGENCY..
Program decrease [-25,000] [-20,000]
210 DEFENSE CONTRACT 24,391 24,391 24,391 24,391
MANAGEMENT AGENCY--
CYBER..............
220 DEFENSE HUMAN 892,438 911,842 892,438 -10,000 882,438
RESOURCES ACTIVITY.
Chinese language [13,404]
and culture
studies within
the Defense
Language and
National
Security
Education Office
[[Page H9917]]
Defense Manpower [-5,000]
Data Center--
Excess Growth...
Enterprise [-5,000]
Operations
Center--Excess
Growth..........
Program [6,000]
increase--nation
al flagship
language
initiative......
230 DEFENSE INFORMATION 2,012,885 2,028,022 2,007,885 -20,000 1,992,885
SYSTEMS AGENCY.....
MilCloud........ [-5,000]
Realignment for [35,137]
Sharkseer.......
Unjustified [-20,000] [-20,000]
growth..........
240 DEFENSE INFORMATION 601,223 601,223 636,360 35,137 636,360
SYSTEMS AGENCY--
CYBER..............
Sharkseer [35,137] [35,137]
transfer........
270 DEFENSE LEGAL 34,632 34,632 34,632 34,632
SERVICES AGENCY....
280 DEFENSE LOGISTICS 415,699 430,199 415,699 19,500 435,199
AGENCY.............
Excess growth... [-5,000]
Program [19,500] [19,500]
increase--PTAP..
290 DEFENSE MEDIA 202,792 196,792 202,792 202,792
ACTIVITY...........
Program decrease [-6,000]
300 DEFENSE PERSONNEL 144,881 144,881 144,881 144,881
ACCOUNTING AGENCY..
310 DEFENSE SECURITY 696,884 667,884 696,884 -30,000 666,884
COOPERATION AGENCY.
Assessment, [11,000] [11,000]
monitoring, and
evaluation......
Security [-11,000] [-11,000]
cooperation
account.........
Unjustified [-29,000] [-30,000]
growth..........
320 DEFENSE SECURITY 889,664 894,871 899,664 889,664
SERVICE............
Advanced cyber [5,207]
threat detection
sensors, hunt
and response
mechanisms, and
commercial cyber
threat
intelligence....
Consolidated [10,000]
Adjudication
Facility........
340 DEFENSE SECURITY 9,220 9,220 9,220 9,220
SERVICE--CYBER.....
360 DEFENSE TECHNICAL 3,000 3,000 3,000 3,000
INFORMATION CENTER.
370 DEFENSE TECHNOLOGY 35,626 35,626 35,626 35,626
SECURITY
ADMINISTRATION.....
380 DEFENSE THREAT 568,133 568,133 568,133 568,133
REDUCTION AGENCY...
400 DEFENSE THREAT 13,339 13,339 13,339 13,339
REDUCTION AGENCY--
CYBER..............
410 DEPARTMENT OF 2,932,226 2,992,226 2,982,226 -20,000 2,912,226
DEFENSE EDUCATION
ACTIVITY...........
Impact aid for [10,000]
children with
severe
disabilities....
Impact aid for [40,000]
schools with
military
dependent
students........
Remove one-time [-50,000]
fiscal year 2019
increase........
Overestimation [-20,000]
of civilian FTE
targets.........
Program [10,000] [10,000]
increase--impact
aid for children
with severe
disabilites.....
Program [40,000] [40,000]
increase--impact
aid to schools
with military
dependents......
Program [10,000]
increase--suppor
t to local
educational
agencies that
serve military
communities and
families........
420 MISSILE DEFENSE 522,529 522,529 422,729 -12,670 509,859
AGENCY.............
THAAD prior year [-12,670]
under-execution.
THAAD Program [-99,800]
Transfer to Army
450 OFFICE OF ECONOMIC 59,513 114,913 59,513 75,000 134,513
ADJUSTMENT.........
Civilian growth. [400]
Defense [50,000] [75,000]
Community
Infrastructure
Program (DCIP)..
Program [5,000]
increase--milita
ry aviation
noise pilot
program.........
460 OFFICE OF THE 1,604,738 1,491,476 1,678,738 21,000 1,625,738
SECRETARY OF
DEFENSE............
Basic Needs [15,000]
Allowance for
low-income
regular members.
Bien Hoa dioxin [15,000] [15,000]
cleanup.........
CDC study....... [10,000] [10,000]
Commission on [5,000]
Synthetic Opioid
Trafficking.....
Emerging [1,000] [1,000]
contaminants....
European Center [2,000]
of Excellence
for Countering
Hybrid Threats..
Excess growth... [-58,839] [-37,000]
Increase to [7,000]
OUSD(A&S)--JASON
s...............
Industrial [15,000]
policy
implementation
of EO13806......
Interstate [4,000] [4,000]
compacts for
licensure and
credentialing...
Military [3,000] [3,000] [3,000]
aviation safety
commission......
National [1,000]
Commission on
Military,
National, and
Public Service..
Pilot program to [1,000]
fund non-profit
organizations
supporting
military
families........
Program decrease [-104,000]
Program [5,000]
increase--Defens
e Suicide
Prevention
Office and
National Guard
suicide
prevention pilot
program.........
Readiness and [25,000] [25,000] [25,000]
Environmental
Protection
Initiative
increase........
Reduction to [-7,000]
OUSD(R&E)--JASON
s...............
Unjustified [-6,423]
growth..........
[[Page H9918]]
470 OFFICE OF THE 48,783 48,783 48,783 48,783
SECRETARY OF
DEFENSE--CYBER.....
480 SPACE DEVELOPMENT 44,750 44,750 44,750 -10,000 34,750
AGENCY.............
Insufficient [-10,000]
justification...
500 WASHINGTON 324,001 296,201 329,001 -27,800 296,201
HEADQUARTERS
SERVICES...........
Defense Digital [5,000]
Service Hires...
Insufficient [-27,800] [-27,800]
justification...
505 CLASSIFIED PROGRAMS. 15,816,598 15,755,461 15,816,598 -59,141 15,757,457
Classified [-26,000] [-24,004]
adjustment......
Realignment to [-35,137] [-35,137]
DISA for
Sharkseer.......
SUBTOTAL ADMIN & 30,132,549 30,119,998 30,231,186 35,326 30,167,875
SRVWIDE
ACTIVITIES......
TOTAL OPERATION 37,479,841 37,273,790 37,578,478 -557,168 36,922,673
AND
MAINTENANCE,
DEFENSE-WIDE...
UNDISTRIBUTED
510 UNDISTRIBUTED....... -62,500
Undistributed [-62,500]
reduction.......
SUBTOTAL -62,500
UNDISTRIBUTED...
TOTAL OPERATION -206,051 98,637 -557,168 -557,168
& MAINTENANCE,
DEFENSE-WIDE...
US COURT OF APPEALS
FOR ARMED FORCES,
DEF
ADMINISTRATION AND
ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS 14,771 14,771 14,771 14,771
FOR THE ARMED
FORCES, DEFENSE....
SUBTOTAL 14,771 14,771 14,771 14,771
ADMINISTRATION
AND ASSOCIATED
ACTIVITIES......
TOTAL US COURT 14,771 14,771 14,771 14,771
OF APPEALS FOR
ARMED FORCES,
DEF............
DOD ACQUISITION
WORKFORCE
DEVELOPMENT FUND
ACQUISITION
WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD 400,000 375,000 400,000 400,000
Program decrease [-25,000]
SUBTOTAL 400,000 375,000 400,000 400,000
ACQUISITION
WORKFORCE
DEVELOPMENT.....
TOTAL DOD 400,000 375,000 400,000 400,000
ACQUISITION
WORKFORCE
DEVELOPMENT
FUND...........
OVERSEAS
HUMANITARIAN,
DISASTER, AND CIVIC
AID
HUMANITARIAN
ASSISTANCE
010 OVERSEAS 108,600 110,800 108,600 9,063 117,663
HUMANITARIAN,
DISASTER AND CIVIC
AID................
Increase for [6,822]
foreign disaster
relief..........
Increase for [2,200] [2,241]
humanitarian
mine action
program.........
SUBTOTAL 108,600 110,800 108,600 9,063 117,663
HUMANITARIAN
ASSISTANCE......
TOTAL OVERSEAS 108,600 110,800 108,600 9,063 117,663
HUMANITARIAN,
DISASTER, AND
CIVIC AID......
COOPERATIVE THREAT
REDUCTION ACCOUNT
COOPERATIVE THREAT
REDUCTION
010 COOPERATIVE THREAT 338,700 358,700 338,700 20,000 358,700
REDUCTION..........
Cooperative [20,000] [20,000]
biological
engagement......
SUBTOTAL 338,700 358,700 338,700 20,000 358,700
COOPERATIVE
THREAT REDUCTION
TOTAL 338,700 358,700 338,700 20,000 358,700
COOPERATIVE
THREAT
REDUCTION
ACCOUNT........
ENVIRONMENTAL
RESTORATION, ARMY
DEPARTMENT OF THE
ARMY
050 ENVIRONMENTAL 207,518 235,809 207,518 5,000 212,518
RESTORATION, ARMY..
Perfluorinated [28,291] [5,000]
chemicals.......
SUBTOTAL 207,518 235,809 207,518 5,000 212,518
DEPARTMENT OF
THE ARMY........
TOTAL 207,518 353,721 207,518 83,064 290,582
ENVIRONMENTAL
RESTORATION,
ARMY...........
ENVIRONMENTAL
RESTORATION, NAVY
DEPARTMENT OF THE
NAVY
060 ENVIRONMENTAL 335,932 375,883 335,932 15,000 350,932
RESTORATION, NAVY..
Closed [10,000]
detonation
chambers........
Perfluorinated [29,951] [5,000]
chemicals.......
Unexploded [10,000]
ordnance
remediation.....
SUBTOTAL 335,932 375,883 335,932 15,000 350,932
DEPARTMENT OF
THE NAVY........
[[Page H9919]]
TOTAL 335,932 482,135 335,932 83,064 418,996
ENVIRONMENTAL
RESTORATION,
NAVY...........
ENVIRONMENTAL
RESTORATION, AIR
FORCE
DEPARTMENT OF THE
AIR FORCE
070 ENVIRONMENTAL 302,744 365,808 302,744 63,064 365,808
RESTORATION, AIR
FORCE..............
Perfluorinated [63,064] [63,064]
chemicals.......
SUBTOTAL 302,744 365,808 302,744 63,064 365,808
DEPARTMENT OF
THE AIR FORCE...
TOTAL 302,744 448,947 302,744 83,064 385,808
ENVIRONMENTAL
RESTORATION,
AIR FORCE......
ENVIRONMENTAL
RESTORATION,
DEFENSE-WIDE
080 ENVIRONMENTAL 9,105 24,002 9,105 9,105
RESTORATION,
DEFENSE-WIDE.......
Detection of [5,000]
perfluorinated
compounds.......
Perfluorinated [9,897]
chemicals.......
SUBTOTAL DEFENSE- 9,105 24,002 9,105 9,105
WIDE............
TOTAL 9,105 155,308 9,105 83,064 92,169
ENVIRONMENTAL
RESTORATION,
DEFENSE-WIDE...
ENVIRONMENTAL
RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL 216,499 216,499 216,499 216,499
RESTORATION
FORMERLY USED SITES
SUBTOTAL DEFENSE- 216,499 216,499 216,499 216,499
WIDE............
TOTAL 216,499 216,499 216,499 216,499
ENVIRONMENTAL
RESTORATION
FORMERLY USED
SITES..........
TOTAL OPERATION 207,661,689 203,963,215 208,471,343 -6,050,745 201,610,944
& MAINTENANCE..
----------------------------------------------------------------------------------------------------------------
[[Page H9920]]
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 Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS........ 1,410,874 1,410,874 1,410,874 260,548 1,671,422
Realignment from [260,548]
base..............
030 ECHELONS ABOVE BRIGADE 26,502 26,502 26,502 26,502
040 THEATER LEVEL ASSETS.. 2,274,490 2,274,490 2,274,490 -15,000 2,259,490
Unjustified growth [-15,000]
050 LAND FORCES OPERATIONS 136,288 136,288 136,288 136,288
SUPPORT..............
060 AVIATION ASSETS....... 300,240 300,240 300,240 300,240
070 FORCE READINESS 3,415,009 4,515,009 3,415,009 1,095,000 4,510,009
OPERATIONS SUPPORT...
Insufficient [-5,000]
justification.....
Realignment from [1,100,000] [1,100,000]
base..............
080 LAND FORCES SYSTEMS 29,985 29,985 29,985 29,985
READINESS............
090 LAND FORCES DEPOT 86,931 86,931 86,931 86,931
MAINTENANCE..........
100 BASE OPERATIONS 115,706 115,706 115,706 115,706
SUPPORT..............
110 FACILITIES 72,657 72,657 72,657 72,657
SUSTAINMENT,
RESTORATION &
MODERNIZATION........
130 ADDITIONAL ACTIVITIES. 6,397,586 6,397,586 6,397,586 -12,000 6,385,586
Insufficient [-12,000]
justification.....
140 COMMANDER'S EMERGENCY 5,000 5,000 -2,500 2,500
RESPONSE PROGRAM.....
Insufficient [-2,500]
justification.....
Realignment of [-5,000]
redress and loss
funding...........
150 RESET................. 1,048,896 1,048,896 1,048,896 1,048,896
160 US AFRICA COMMAND..... 203,174 203,174 203,174 203,174
170 US EUROPEAN COMMAND... 173,676 173,676 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529 188,529 188,529
CYBERSPACE OPERATIONS
210 CYBERSPACE ACTIVITIES-- 5,682 5,682 5,682 5,682
CYBERSECURITY........
SUBTOTAL OPERATING 15,891,225 16,986,225 15,891,225 1,326,048 17,217,273
FORCES............
MOBILIZATION
230 ARMY PREPOSITIONED 131,954 131,954 131,954 131,954
STOCKS...............
SUBTOTAL 131,954 131,954 131,954 131,954
MOBILIZATION......
ADMIN & SRVWIDE
ACTIVITIES
390 SERVICEWIDE 721,014 721,014 721,014 721,014
TRANSPORTATION.......
400 CENTRAL SUPPLY 66,845 66,845 66,845 66,845
ACTIVITIES...........
410 LOGISTIC SUPPORT 9,309 9,309 9,309 9,309
ACTIVITIES...........
420 AMMUNITION MANAGEMENT. 23,653 23,653 23,653 23,653
460 OTHER PERSONNEL 109,019 109,019 109,019 109,019
SUPPORT..............
490 REAL ESTATE MANAGEMENT 251,355 251,355 251,355 251,355
565 CLASSIFIED PROGRAMS... 1,568,564 1,568,564 1,568,564 1,568,564
SUBTOTAL ADMIN & 2,749,759 2,749,759 2,749,759 2,749,759
SRVWIDE ACTIVITIES
TOTAL OPERATION & 18,772,938 19,867,938 18,772,938 1,326,048 20,098,986
MAINTENANCE, ARMY
OPERATION &
MAINTENANCE, ARMY RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE 20,440 20,440 20,440 20,440
060 FORCE READINESS 689 689 689 689
OPERATIONS SUPPORT...
090 BASE OPERATIONS 16,463 16,463 16,463 16,463
SUPPORT..............
SUBTOTAL OPERATING 37,592 37,592 37,592 37,592
FORCES............
TOTAL OPERATION & 37,592 37,592 37,592 37,592
MAINTENANCE, ARMY
RES..............
OPERATION &
MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS........ 45,896 45,896 45,896 45,896
020 MODULAR SUPPORT 180 180 180 180
BRIGADES.............
030 ECHELONS ABOVE BRIGADE 2,982 2,982 2,982 2,982
040 THEATER LEVEL ASSETS.. 548 548 548 548
060 AVIATION ASSETS....... 9,229 9,229 9,229 9,229
070 FORCE READINESS 1,584 1,584 1,584 1,584
OPERATIONS SUPPORT...
100 BASE OPERATIONS 22,063 22,063 22,063 22,063
SUPPORT..............
120 MANAGEMENT AND 606 606 606 606
OPERATIONAL
HEADQUARTERS.........
[[Page H9921]]
SUBTOTAL OPERATING 83,088 83,088 83,088 83,088
FORCES............
ADMIN & SRVWD
ACTIVITIES
170 SERVICEWIDE 203 203 203 203
COMMUNICATIONS.......
SUBTOTAL ADMIN & 203 203 203 203
SRVWD ACTIVITIES..
TOTAL OPERATION & 83,291 83,291 83,291 83,291
MAINTENANCE, ARNG
AFGHANISTAN SECURITY
FORCES FUND
AFGHAN NATIONAL ARMY
090 SUSTAINMENT........... 1,313,047 1,313,047 1,313,047 1,313,047
100 INFRASTRUCTURE........ 37,152 37,152 37,152 37,152
110 EQUIPMENT AND 120,868 120,868 120,868 120,868
TRANSPORTATION.......
120 TRAINING AND 118,591 118,591 118,591 118,591
OPERATIONS...........
SUBTOTAL AFGHAN 1,589,658 1,589,658 1,589,658 1,589,658
NATIONAL ARMY.....
AFGHAN NATIONAL POLICE
130 SUSTAINMENT........... 422,806 422,806 422,806 422,806
140 INFRASTRUCTURE........ 2,358 2,358 2,358 2,358
150 EQUIPMENT AND 127,081 127,081 127,081 127,081
TRANSPORTATION.......
160 TRAINING AND 108,112 108,112 108,112 108,112
OPERATIONS...........
SUBTOTAL AFGHAN 660,357 660,357 660,357 660,357
NATIONAL POLICE...
AFGHAN AIR FORCE
170 SUSTAINMENT........... 893,829 893,829 893,829 893,829
180 INFRASTRUCTURE........ 8,611 8,611 8,611 8,611
190 EQUIPMENT AND 566,967 566,967 566,967 566,967
TRANSPORTATION.......
200 TRAINING AND 356,108 356,108 356,108 356,108
OPERATIONS...........
SUBTOTAL AFGHAN 1,825,515 1,825,515 1,825,515 1,825,515
AIR FORCE.........
AFGHAN SPECIAL
SECURITY FORCES
210 SUSTAINMENT........... 437,909 437,909 437,909 437,909
220 INFRASTRUCTURE........ 21,131 21,131 21,131 21,131
230 EQUIPMENT AND 153,806 153,806 153,806 153,806
TRANSPORTATION.......
240 TRAINING AND 115,602 115,602 115,602 115,602
OPERATIONS...........
SUBTOTAL AFGHAN 728,448 728,448 728,448 728,448
SPECIAL SECURITY
FORCES............
UNDISTRIBUTED
245 UNDISTRIBUTED......... -300,000 -300,000 -300,000
Unjustified [-300,000] [-300,000]
request...........
SUBTOTAL -300,000 -300,000 -300,000
UNDISTRIBUTED.....
TOTAL AFGHANISTAN 4,803,978 4,503,978 4,803,978 -300,000 4,503,978
SECURITY FORCES
FUND.............
COUNTER ISIS TRAIN AND
EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND
EQUIP FUND (CTEF)
010 IRAQ.................. 745,000 663,000 645,000 -200,000 545,000
Program decrease.. [-100,000]
Transfer to DSCA [-100,000] [-100,000]
Security
Cooperation.......
Unjustified growth [-82,000]
020 SYRIA................. 300,000 300,000 300,000 300,000
030 BORDER SECURITY....... 250,000
Realignment of [250,000]
CTEF border
security funding..
SUBTOTAL COUNTER 1,045,000 1,213,000 945,000 -200,000 845,000
ISIS TRAIN AND
EQUIP FUND (CTEF).
TOTAL COUNTER 1,045,000 1,213,000 945,000 -200,000 845,000
ISIS TRAIN AND
EQUIP FUND (CTEF)
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 373,047 587,422 373,047 600,000 973,047
FLIGHT OPERATIONS....
Realignment from [214,375] [600,000]
base..............
030 AVIATION TECHNICAL 816 816 816 816
DATA & ENGINEERING
SERVICES.............
040 AIR OPERATIONS AND 9,582 9,582 9,582 9,582
SAFETY SUPPORT.......
050 AIR SYSTEMS SUPPORT... 197,262 197,262 197,262 197,262
060 AIRCRAFT DEPOT 168,246 168,246 168,246 168,246
MAINTENANCE..........
070 AIRCRAFT DEPOT 3,594 3,594 3,594 3,594
OPERATIONS SUPPORT...
[[Page H9922]]
080 AVIATION LOGISTICS.... 10,618 10,618 10,618 10,618
090 MISSION AND OTHER SHIP 1,485,108 1,935,108 1,485,108 450,000 1,935,108
OPERATIONS...........
Realignment from [450,000] [450,000]
base..............
100 SHIP OPERATIONS 20,334 20,334 20,334 20,334
SUPPORT & TRAINING...
110 SHIP DEPOT MAINTENANCE 2,365,615 2,365,615 2,365,615 2,365,615
130 COMBAT COMMUNICATIONS 58,092 58,092 58,092 58,092
AND ELECTRONIC
WARFARE..............
140 SPACE SYSTEMS AND 18,000 18,000 18,000 18,000
SURVEILLANCE.........
150 WARFARE TACTICS....... 16,984 16,984 16,984 16,984
160 OPERATIONAL 29,382 29,382 29,382 29,382
METEOROLOGY AND
OCEANOGRAPHY.........
170 COMBAT SUPPORT FORCES. 608,870 608,870 608,870 400,000 1,008,870
Realignment from [400,000]
base..............
180 EQUIPMENT MAINTENANCE 7,799 7,799 7,799 7,799
AND DEPOT OPERATIONS
SUPPORT..............
200 COMBATANT COMMANDERS 24,800 24,800 24,800 24,800
DIRECT MISSION
SUPPORT..............
220 CYBERSPACE ACTIVITIES. 363 363 363 363
240 WEAPONS MAINTENANCE... 486,188 486,188 486,188 486,188
250 OTHER WEAPON SYSTEMS 12,189 12,189 12,189 12,189
SUPPORT..............
270 SUSTAINMENT, 68,667 68,667 68,667 68,667
RESTORATION AND
MODERNIZATION........
280 BASE OPERATING SUPPORT 219,099 219,099 219,099 219,099
SUBTOTAL OPERATING 6,184,655 6,849,030 6,184,655 1,450,000 7,634,655
FORCES............
MOBILIZATION
320 EXPEDITIONARY HEALTH 17,580 17,580 17,580 17,580
SERVICES SYSTEMS.....
330 COAST GUARD SUPPORT... 190,000 190,000 190,000 190,000
SUBTOTAL 207,580 207,580 207,580 207,580
MOBILIZATION......
TRAINING AND
RECRUITING
370 SPECIALIZED SKILL 52,161 52,161 52,161 52,161
TRAINING.............
SUBTOTAL TRAINING 52,161 52,161 52,161 52,161
AND RECRUITING....
ADMIN & SRVWD
ACTIVITIES
440 ADMINISTRATION........ 8,475 8,475 8,475 8,475
460 MILITARY MANPOWER AND 7,653 7,653 7,653 7,653
PERSONNEL MANAGEMENT.
490 SERVICEWIDE 70,683 70,683 70,683 70,683
TRANSPORTATION.......
520 ACQUISITION, 11,130 11,130 11,130 11,130
LOGISTICS, AND
OVERSIGHT............
530 INVESTIGATIVE AND 1,559 1,559 1,559 1,559
SECURITY SERVICES....
645 CLASSIFIED PROGRAMS... 17,754 17,754 17,754 17,754
SUBTOTAL ADMIN & 117,254 117,254 117,254 117,254
SRVWD ACTIVITIES..
TOTAL OPERATION & 6,561,650 7,226,025 6,561,650 1,450,000 8,011,650
MAINTENANCE, NAVY
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.... 714,653 714,653 714,653 200,000 914,653
Realignment from [200,000]
base..............
020 FIELD LOGISTICS....... 232,508 232,508 232,508 200,000 432,508
Realignment from [200,000]
base..............
030 DEPOT MAINTENANCE..... 54,101 54,101 54,101 54,101
050 CYBERSPACE ACTIVITIES. 2,000 2,000 2,000 2,000
060 SUSTAINMENT, 340,000
RESTORATION &
MODERNIZATION........
Disaster recovery [340,000]
increase..........
070 BASE OPERATING SUPPORT 24,570 24,570 24,570 24,570
SUBTOTAL OPERATING 1,027,832 1,027,832 1,367,832 400,000 1,427,832
FORCES............
TRAINING AND
RECRUITING
120 TRAINING SUPPORT...... 30,459 30,459 30,459 30,459
SUBTOTAL TRAINING 30,459 30,459 30,459 30,459
AND RECRUITING....
ADMIN & SRVWD
ACTIVITIES
160 SERVICEWIDE 61,400 61,400 61,400 61,400
TRANSPORTATION.......
225 CLASSIFIED PROGRAMS... 5,100 5,100 5,100 5,100
SUBTOTAL ADMIN & 66,500 66,500 66,500 66,500
SRVWD ACTIVITIES..
TOTAL OPERATION & 1,124,791 1,124,791 1,464,791 400,000 1,524,791
MAINTENANCE,
MARINE CORPS.....
OPERATION &
MAINTENANCE, NAVY RES
OPERATING FORCES
[[Page H9923]]
020 INTERMEDIATE 510 510 510 510
MAINTENANCE..........
030 AIRCRAFT DEPOT 11,628 11,628 11,628 11,628
MAINTENANCE..........
080 COMBAT SUPPORT FORCES. 10,898 10,898 10,898 10,898
SUBTOTAL OPERATING 23,036 23,036 23,036 23,036
FORCES............
TOTAL OPERATION & 23,036 23,036 23,036 23,036
MAINTENANCE, NAVY
RES..............
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES...... 7,627 7,627 7,627 7,627
040 BASE OPERATING SUPPORT 1,080 1,080 1,080 1,080
SUBTOTAL OPERATING 8,707 8,707 8,707 8,707
FORCES............
TOTAL OPERATION & 8,707 8,707 8,707 8,707
MAINTENANCE, MC
RESERVE..........
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES. 163,632 163,632 163,632 163,632
020 COMBAT ENHANCEMENT 1,049,170 1,049,170 1,049,170 400,000 1,449,170
FORCES...............
Realignment from [400,000]
base..............
030 AIR OPERATIONS 111,808 111,808 111,808 111,808
TRAINING (OJT,
MAINTAIN SKILLS).....
040 DEPOT PURCHASE 408,699 408,699 408,699 408,699
EQUIPMENT MAINTENANCE
050 FACILITIES 147,264 147,264 487,264 147,264
SUSTAINMENT,
RESTORATION &
MODERNIZATION........
Disaster recovery [340,000]
increase..........
060 CYBERSPACE SUSTAINMENT 10,061 10,061 10,061 10,061
070 CONTRACTOR LOGISTICS 953,594 953,594 953,594 953,594
SUPPORT AND SYSTEM
SUPPORT..............
080 FLYING HOUR PROGRAM... 2,495,266 3,045,266 2,495,266 550,000 3,045,266
Realignment from [550,000] [550,000]
base..............
090 BASE OPERATIONS 1,538,120 1,538,120 1,538,120 200,000 1,738,120
SUPPORT..............
Realignment from [200,000]
base..............
100 GLOBAL C3I AND EARLY 13,863 13,863 13,863 13,863
WARNING..............
110 OTHER COMBAT OPS SPT 272,020 272,020 272,020 272,020
PROGRAMS.............
120 CYBERSPACE ACTIVITIES. 17,657 17,657 17,657 17,657
130 TACTICAL INTEL AND 36,098 36,098 36,098 36,098
OTHER SPECIAL
ACTIVITIES...........
140 LAUNCH FACILITIES..... 391 391 391 391
150 SPACE CONTROL SYSTEMS. 39,990 39,990 39,990 39,990
160 US NORTHCOM/NORAD..... 725 725 725 725
170 US STRATCOM........... 926 926 926 926
180 US CYBERCOM........... 35,189 35,189 35,189 35,189
190 US CENTCOM............ 163,015 163,015 163,015 163,015
200 US SOCOM.............. 19,000 19,000 19,000 19,000
SUBTOTAL OPERATING 7,476,488 8,026,488 7,816,488 1,150,000 8,626,488
FORCES............
MOBILIZATION
240 AIRLIFT OPERATIONS.... 1,271,439 1,271,439 1,271,439 1,271,439
250 MOBILIZATION 109,682 109,682 109,682 109,682
PREPAREDNESS.........
SUBTOTAL 1,381,121 1,381,121 1,381,121 1,381,121
MOBILIZATION......
TRAINING AND
RECRUITING
260 OFFICER ACQUISITION... 200 200 200 200
270 RECRUIT TRAINING...... 352 352 352 352
290 SPECIALIZED SKILL 26,802 26,802 26,802 26,802
TRAINING.............
300 FLIGHT TRAINING....... 844 844 844 844
310 PROFESSIONAL 1,199 1,199 1,199 1,199
DEVELOPMENT EDUCATION
320 TRAINING SUPPORT...... 1,320 1,320 1,320 1,320
SUBTOTAL TRAINING 30,717 30,717 30,717 30,717
AND RECRUITING....
ADMIN & SRVWD
ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.. 164,701 164,701 164,701 164,701
390 TECHNICAL SUPPORT 11,608 11,608 11,608 11,608
ACTIVITIES...........
400 ADMINISTRATION........ 4,814 4,814 4,814 4,814
410 SERVICEWIDE 145,204 145,204 145,204 145,204
COMMUNICATIONS.......
420 OTHER SERVICEWIDE 98,841 98,841 98,841 98,841
ACTIVITIES...........
460 INTERNATIONAL SUPPORT. 29,890 29,890 29,890 29,890
465 CLASSIFIED PROGRAMS... 52,995 52,995 52,995 52,995
[[Page H9924]]
SUBTOTAL ADMIN & 508,053 508,053 508,053 508,053
SRVWD ACTIVITIES..
TOTAL OPERATION & 9,396,379 9,946,379 9,736,379 1,150,000 10,546,379
MAINTENANCE, AIR
FORCE............
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE 24,188 24,188 24,188 24,188
EQUIPMENT MAINTENANCE
060 BASE SUPPORT.......... 5,570 5,570 5,570 5,570
SUBTOTAL OPERATING 29,758 29,758 29,758 29,758
FORCES............
TOTAL OPERATION & 29,758 29,758 29,758 29,758
MAINTENANCE, AF
RESERVE..........
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT 3,666 3,666 3,666 3,666
OPERATIONS...........
030 DEPOT PURCHASE 66,944 66,944 66,944 66,944
EQUIPMENT MAINTENANCE
050 CONTRACTOR LOGISTICS 93,620 93,620 93,620 93,620
SUPPORT AND SYSTEM
SUPPORT..............
060 BASE SUPPORT.......... 12,679 12,679 12,679 12,679
SUBTOTAL OPERATING 176,909 176,909 176,909 176,909
FORCES............
TOTAL OPERATION & 176,909 176,909 176,909 176,909
MAINTENANCE, ANG.
OPERATION AND
MAINTENANCE, DEFENSE-
WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF. 21,866 21,866 21,866 21,866
020 JOINT CHIEFS OF STAFF-- 6,634 6,634 6,634 6,634
CE2T2................
040 SPECIAL OPERATIONS 1,121,580 1,121,580 1,121,580 -10,000 1,111,580
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES...........
Classified [-10,000]
adjustment........
060 SPECIAL OPERATIONS 1,328,201 1,328,201 1,328,201 1,328,201
COMMAND INTELLIGENCE.
070 SPECIAL OPERATIONS 399,845 399,845 399,845 399,845
COMMAND MAINTENANCE..
090 SPECIAL OPERATIONS 138,458 102,958 138,458 -35,000 103,458
COMMAND OPERATIONAL
SUPPORT..............
Projected [-35,500] [-35,000]
underexecution--co
mmunications......
100 SPECIAL OPERATIONS 808,729 808,729 808,729 500,000 1,308,729
COMMAND THEATER
FORCES...............
Realignment from [500,000]
base..............
SUBTOTAL OPERATING 3,825,313 3,789,813 3,825,313 455,000 4,280,313
FORCES............
ADMIN & SRVWIDE
ACTIVITIES
180 DEFENSE CONTRACT AUDIT 1,810 1,810 1,810 1,810
AGENCY...............
200 DEFENSE CONTRACT 21,723 21,723 21,723 21,723
MANAGEMENT AGENCY....
230 DEFENSE INFORMATION 81,133 81,133 81,133 81,133
SYSTEMS AGENCY.......
240 DEFENSE INFORMATION 3,455 3,455 3,455 3,455
SYSTEMS AGENCY--CYBER
270 DEFENSE LEGAL SERVICES 196,124 196,124 196,124 196,124
AGENCY...............
290 DEFENSE MEDIA ACTIVITY 14,377 14,377 14,377 14,377
310 DEFENSE SECURITY 1,927,217 1,364,427 1,977,217 -250,000 1,677,217
COOPERATION AGENCY...
Realignment of [-250,000]
CTEF border
security funding..
Security [-100,000] [-37,030]
cooperation
account,
unjustified growth
Transfer from CTEF [100,000] [100,000]
Iraq..............
Transfer of funds [-250,000] [-250,000]
to Ukraine
Security
Assistance
Initiative........
Ukraine Security [50,000]
Assistance
Initiative........
Unjustified growth [-62,790] [-62,970]
380 DEFENSE THREAT 317,558 307,558 317,558 317,558
REDUCTION AGENCY.....
Program decrease.. [-10,000]
410 DEPARTMENT OF DEFENSE 31,620 31,620 31,620 31,620
EDUCATION ACTIVITY...
460 OFFICE OF THE 16,666 21,666 16,666 16,666
SECRETARY OF DEFENSE.
Realignment of [5,000]
redress and loss
funding...........
500 WASHINGTON 6,331 6,331 6,331 6,331
HEADQUARTERS SERVICES
505 CLASSIFIED PROGRAMS... 1,924,785 1,924,785 1,924,785 1,924,785
SUBTOTAL ADMIN & 4,542,799 3,975,009 4,592,799 -250,000 4,292,799
SRVWIDE ACTIVITIES
TOTAL OPERATION 8,368,112 7,764,822 8,418,112 205,000 8,573,112
AND MAINTENANCE,
DEFENSE-WIDE.....
TOTAL OPERATION & -603,290 50,000 205,000 205,000
MAINTENANCE,
DEFENSE-WIDE.....
UKRAINE SECURITY
ASSISTANCE
UKRAINE SECURITY
ASSISTANCE
010 UKRAINE SECURITY 250,000 300,000 300,000
ASSISTANCE INITIATIVE
[[Page H9925]]
Program increase.. [50,000]
Transfer of funds [250,000] [250,000]
from Defense
Security
Cooperation Agency
SUBTOTAL UKRAINE 250,000 300,000 300,000
SECURITY
ASSISTANCE........
TOTAL UKRAINE 250,000 300,000 300,000
SECURITY
ASSISTANCE.......
TOTAL OPERATION & 50,432,141 51,652,936 51,112,141 4,536,048 54,968,189
MAINTENANCE......
----------------------------------------------------------------------------------------------------------------
[[Page H9926]]
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Senate Conference Conference
Line Item Request House Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........ 0 462,000 462,000
Earthquake damage repair...................... [370,000]
Navy Working Capital Fund earthquake recovery [92,000]
losses........................................
280 BASE OPERATING SUPPORT............................ 0 9,000 9,000
Earthquake damage recovery.................... [9,000]
TOTAL OPERATION & MAINTENANCE, NAVY............... 0 471,000 471,000
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......... 0 6,000 6,000
Earthquake damage repair...................... [6,000]
TOTAL OPERATION & MAINTENANCE, MARINE CORPS....... 0 6,000 6,000
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, RESTORATION & 0 58,900 58,900
MODERNIZATION....................................
Hurricane recovery............................ [58,900]
TOTAL OPERATION & MAINTENANCE, ANG................ 0 58,900 58,900
TOTAL OPERATION & MAINTENANCE..................... 0 535,900 535,900
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9927]]
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
----------------------------------------------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel 143,476,503 142,248,503 142,557,523 -800,000 142,676,503
Appropriations.............
Historical unobligated [-1,228,000] [-800,000]
balances...................
Historical underexecution... [-918,980]
Medicare-Eligible Retiree 7,816,815 7,816,815 7,816,815 7,816,815
Health Fund Contributions..
----------------------------------------------------------------------------------------------------------------
[[Page H9928]]
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference Conference
Item Request Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel Appropriations............................. 4,485,808 0 4,485,808
Total, Military Personnel Appropriations...................... 4,485,808 0 4,485,808
----------------------------------------------------------------------------------------------------------------
[[Page H9929]]
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS....... 57,467 57,467 57,467 57,467
SUPPLY MANAGEMENT--ARMY..... 32,130 32,130 32,130 32,130
TOTAL WORKING CAPITAL FUND, 89,597 89,597 89,597 89,597
ARMY.......................
WORKING CAPITAL FUND, AIR
FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS...... 92,499 92,499 102,499 92,499
Energy optimization [10,000]
initiatives............
TOTAL WORKING CAPITAL FUND, 92,499 92,499 102,499 92,499
AIR FORCE..................
WORKING CAPITAL FUND,
DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF 49,085 49,085 49,085 49,085
TOTAL WORKING CAPITAL FUND, 49,085 49,085 49,085 49,085
DEFENSE-WIDE...............
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA.. 995,030 995,030 995,030 995,030
TOTAL WORKING CAPITAL FUND, 995,030 995,030 995,030 995,030
DECA.......................
NATIONAL DEFENSE SEALIFT
FUND
LG MED SPD RO/RO MAINTENANCE 264,751
Realignment from [264,751]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 264,751
SEALIFT FUND...............
NATIONAL DEFENSE SEALIFT
FUND
DOD MOBILIZATION ALTERATIONS 9,590
Realignment from [9,590]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 9,590
SEALIFT FUND...............
NATIONAL DEFENSE SEALIFT
FUND
TAH MAINTENANCE............. 96,867
Realignment from [96,867]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 96,867
SEALIFT FUND...............
NATIONAL DEFENSE SEALIFT
FUND
READY RESERVE FORCE......... 352,044
Realignment from [352,044]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 352,044
SEALIFT FUND...............
WCF, DEF COUNTERINTELLIGENCE
& SECURITY AGENCY
DEFENSE COUNTERINTELLIGENCE 200,000 200,000 200,000 200,000
AND SECURITY AGENCY........
TOTAL WCF, DEF 200,000 200,000 200,000 200,000
COUNTERINTELLIGENCE &
SECURITY AGENCY............
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE..... 107,351 107,351 107,351 107,351
RDT&E....................... 875,930 865,930 875,930 875,930
Unjustified growth..... [-10,000]
PROCUREMENT................. 2,218 2,218 2,218 2,218
TOTAL CHEM AGENTS & 985,499 975,499 985,499 985,499
MUNITIONS DESTRUCTION......
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT... 581,739 542,171 581,739 -48,921 532,818
Counter synthetic [25,000]
opioid trafficking.....
Realignment of National [-30,921] [-30,921]
Guard Bureau funding...
Unjustified growth..... [-33,647] [-18,000]
DRUG DEMAND REDUCTION 120,922 120,922 120,922 120,922
PROGRAM....................
NATIONAL GUARD COUNTER-DRUG 91,370 122,291 91,370 30,921 122,291
PROGRAM....................
Realignment of National [30,921] [30,921]
Guard Bureau funding...
NATIONAL GUARD COUNTER-DRUG 5,371 5,371 5,371 5,371
SCHOOLS....................
TOTAL DRUG INTERDICTION & 799,402 790,755 799,402 -18,000 781,402
CTR-DRUG ACTIVITIES, DEF...
[[Page H9930]]
OFFICE OF THE INSPECTOR
GENERAL
OFFICE OF THE INSPECTOR 359,022 359,022 359,022 359,022
GENERAL....................
OFFICE OF THE INSPECTOR 1,179 1,179 1,179 1,179
GENERAL--CYBER.............
OFFICE OF THE INSPECTOR 2,965 2,965 2,965 2,965
GENERAL....................
OFFICE OF THE INSPECTOR 333 333 333 333
GENERAL....................
TOTAL OFFICE OF THE 363,499 363,499 363,499 363,499
INSPECTOR GENERAL..........
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 9,570,615 9,470,615 9,570,615 -250,000 9,320,615
Unjustified growth..... [-100,000] [-250,000]
PRIVATE SECTOR CARE......... 15,041,006 15,038,506 15,052,006 -38,500 15,002,506
Contraceptive cost- [11,000]
sharing................
Historical [-38,500]
underexecution.........
Program decrease....... [-2,500]
CONSOLIDATED HEALTH SUPPORT. 1,975,536 1,986,536 1,975,536 11,000 1,986,536
Wounded Warrior Service [11,000] [11,000]
Dog program............
INFORMATION MANAGEMENT...... 2,004,588 2,004,588 2,004,588 -5,650 1,998,938
Historical [-5,650]
underexecution.........
MANAGEMENT ACTIVITIES....... 333,246 333,246 333,246 333,246
EDUCATION AND TRAINING...... 793,810 796,310 793,810 -500 793,310
Other costs excess [-3,000]
growth.................
Pilot program on [2,500]
partnerships with
civilian organizations
for specialized
surgical training......
Program increase-- [2,500]
specialized medical
pilot program..........
BASE OPERATIONS/ 2,093,289 2,093,289 2,093,289 2,093,289
COMMUNICATIONS.............
UNDISTRIBUTED............... 24,500
PFAS exposure blood [2,000]
testing for DoD
firefighters...........
Post-traumatic stress [2,500]
disorder...............
TRICARE lead level [10,000]
screening and testing
for children...........
Triple negative breast [10,000]
cancer research........
R&D RESEARCH................ 12,621 27,621 12,621 12,621
CDC ASTDR PFOS/PFOA [15,000]
health study increment.
R&D EXPLORATRY DEVELOPMENT.. 84,266 84,266 84,266 84,266
R&D ADVANCED DEVELOPMENT.... 279,766 279,766 279,766 279,766
R&D DEMONSTRATION/VALIDATION 128,055 128,055 128,055 128,055
R&D ENGINEERING DEVELOPMENT. 143,527 158,527 143,527 143,527
Deployment of mTBI/ [10,000]
concussion multi-modal
devices................
Program increase-- [5,000]
freeze dried platelets.
R&D MANAGEMENT AND SUPPORT.. 67,219 67,219 67,219 67,219
R&D CAPABILITIES ENHANCEMENT 16,819 16,819 16,819 16,819
PROC INITIAL OUTFITTING..... 26,135 26,135 26,135 26,135
PROC REPLACEMENT & 225,774 225,774 225,774 225,774
MODERNIZATION..............
PROC JOINT OPERATIONAL 314 314 314 314
MEDICINE INFORMATION SYSTEM
PROC MILITARY HEALTH SYSTEM-- 73,010 73,010 73,010 73,010
DESKTOP TO DATACENTER......
PROC DOD HEALTHCARE 129,091 129,091 99,091 129,091
MANAGEMENT SYSTEM
MODERNIZATION..............
Prior year availability [-30,000]
TOTAL DEFENSE HEALTH PROGRAM 32,998,687 32,964,187 32,979,687 -283,650 32,715,037
TOTAL OTHER AUTHORIZATIONS.. 36,573,298 37,243,403 36,564,298 -301,650 36,271,648
----------------------------------------------------------------------------------------------------------------
[[Page H9931]]
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY..... 20,100 20,100 20,100 20,100
TOTAL WORKING CAPITAL FUND, 20,100 20,100 20,100 20,100
ARMY.......................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT... 163,596 153,100 163,596 163,596
Unjustified growth..... [-10,496]
TOTAL DRUG INTERDICTION & 163,596 153,100 163,596 163,596
CTR-DRUG ACTIVITIES, DEF...
OFFICE OF THE INSPECTOR
GENERAL
OFFICE OF THE INSPECTOR 24,254 24,254 24,254 24,254
GENERAL....................
TOTAL OFFICE OF THE 24,254 24,254 24,254 24,254
INSPECTOR GENERAL..........
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 57,459 57,459 57,459 57,459
PRIVATE SECTOR CARE......... 287,487 287,487 287,487 287,487
CONSOLIDATED HEALTH SUPPORT. 2,800 2,800 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM 347,746 347,746 347,746 347,746
TOTAL OTHER AUTHORIZATIONS.. 555,696 545,200 555,696 555,696
----------------------------------------------------------------------------------------------------------------
[[Page H9932]]
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army ALABAMA Redstone Arsenal AIRCRAFT AND FLIGHT EQUIPMENT 38,000 38,000 38,000 38,000
BUILDING
Army COLORADO Fort Carson COMPANY OPERATIONS FACILITY 71,000 71,000 71,000 71,000
Army GEORGIA Fort Gordon CYBER INSTRUCTIONAL FAC (ADMIN/ 107,000 70,000 67,000 -40,000 67,000
COMMAND)
Army GEORGIA Hunter Army Airfield AIRCRAFT MAINTENANCE HANGAR 62,000 62,000 62,000 62,000
Army HAWAII Fort Shafter COMMAND AND CONTROL FACILITY, INCR 60,000 60,000 60,000 60,000
5
Army HONDURAS Soto Cano Air Base AIRCRAFT MAINTENANCE HANGAR 34,000 34,000 34,000 34,000
Army JAPAN Kadena Air Base VEHICLE MAINTENANCE SHOP 0 0 15,000 0
Army KENTUCKY Fort Campbell AUTOMATED INFANTRY PLATOON BATTLE 7,100 7,100 7,100 7,100
COURSE
Army KENTUCKY Fort Campbell EASEMENTS 3,200 3,200 3,200 3,200
Army KENTUCKY Fort Campbell GENERAL PURPOSE MAINTENANCE SHOP 51,000 51,000 51,000 51,000
Army KWAJALEIN Kwajalein Atoll AIR TRAFFIC CONTROL TOWER AND 0 40,000 0 40,000 40,000
TERMINAL
Army MASSACHUSETTS U.S. Army Natick HUMAN ENGINEERING LAB 50,000 50,000 50,000 50,000
Soldier Systems
Center
Army MICHIGAN Detroit Arsenal SUBSTATION 24,000 24,000 24,000 24,000
Army NEW YORK Fort Drum RAILHEAD 0 21,000 21,000 21,000 21,000
Army NEW YORK Fort Drum UNMANNED AERIAL VEHICLE HANGAR 23,000 23,000 23,000 23,000
Army NORTH CAROLINA Fort Bragg DINING FACILITY 12,500 12,500 12,500 12,500
Army OKLAHOMA Fort Sill ADV INDIVIDUAL TRAINING BARRACKS 73,000 73,000 73,000 73,000
CPLX, PH2
Army PENNSYLVANIA Carlisle Barracks GENERAL INSTRUCTION BUILDING 98,000 60,000 98,000 -38,000 60,000
Army SOUTH CAROLINA Fort Jackson RECEPTION COMPLEX, PH2 54,000 54,000 54,000 54,000
Army TEXAS Corpus Christi Army POWERTRAIN FACILITY (MACHINE SHOP) 86,000 40,000 86,000 86,000
Depot
Army TEXAS Fort Hood BARRACKS 32,000 32,000 32,000 32,000
Army TEXAS Fort Hood VEHICLE BRIDGE 0 18,500 18,500 18,500 18,500
Army VIRGINIA Fort Belvoir SECURE OPERATIONS AND ADMIN 60,000 60,000 60,000 60,000
FACILITY
Army VIRGINIA Joint Base Langley- ADV INDIVIDUAL TRAINING BARRACKS 55,000 55,000 55,000 55,000
Eustis CPLX, PH4
Army WASHINGTON Joint Base Lewis- INFORMATION SYSTEMS FACILITY 46,000 46,000 46,000 46,000
McChord
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTERS 0 0 0 27,000 27,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide HOST NATION SUPPORT 31,000 31,000 31,000 31,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 94,099 85,099 94,099 94,099
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 70,600 70,600 70,600 70,600
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED WORLDWIDE CONSTRUCTION 211,000 0 0 -211,000 0
Locations
Military Construction, Army Total 1,453,499 1,191,999 1,256,999 -182,500 1,270,999
........................ ...................... ..................................
Navy ARIZONA Marine Corps Air BACHELOR ENLISTED QUARTERS 0 99,600 99,600 99,600 99,600
Station Yuma
Navy ARIZONA Marine Corps Air HANGAR 95 RENOVATION & ADDITION 90,160 90,160 90,160 90,160
Station Yuma
Navy AUSTRALIA Darwin AIRCRAFT PARKING APRON 0 0 50,000 50,000 50,000
Navy BAHRAIN ISLAND SW Asia ELECTRICAL SYSTEM UPGRADE 53,360 0 53,360 -53,360 0
Navy CALIFORNIA Camp Pendleton 62 AREA MESS HALL AND CONSOLIDATED 71,700 71,700 71,700 71,700
WAREHOUSE
Navy CALIFORNIA Camp Pendleton I MEF CONSOLIDATED INFORMATION 113,869 63,869 23,000 -75,000 38,869
CENTER
Navy CALIFORNIA Marine Corps Air CHILD DEVELOPMENT CENTER 0 37,400 37,400 37,400 37,400
Station Miramar
Navy CALIFORNIA Naval Air Weapons RUNWAY & TAXIWAY EXTENSION 64,500 64,500 64,500 64,500
Station China Lake
Navy CALIFORNIA Naval Air Weapons UNSPECIFIED MILITARY CONSTRUCTION-- 0 100,000 0 0
Station China Lake EARTHQUAKE DAMAGE RECOVERY
Navy CALIFORNIA Naval Base Coronado AIRCRAFT PAINT COMPLEX 0 79,000 79,000 79,000 79,000
Navy CALIFORNIA Naval Base Coronado NAVY V-22 HANGAR 86,830 86,830 86,830 86,830
Navy CALIFORNIA Naval Base San Diego PIER 8 REPLACEMENT (INC) 59,353 59,353 59,353 59,353
Navy CALIFORNIA Naval Base San Diego PMO FACILITY REPAIR 0 9,900 9,900 9,900 9,900
Navy CALIFORNIA Naval Weapons Station AMMUNITION PIER 95,310 60,310 95,310 -35,000 60,310
Seal Beach
Navy CALIFORNIA Naval Weapons Station MISSILE MAGAZINE 0 28,000 28,000 28,000 28,000
Seal Beach
Navy CALIFORNIA Travis Air Force Base ALERT FORCE COMPLEX 64,000 64,000 64,000 64,000
[[Page H9933]]
Navy CONNECTICUT Naval Submarine Base SSN BERTHING PIER 32 72,260 72,260 72,260 72,260
New London
Navy DISTRICT OF COLUMBIA Naval Observatory MASTER TIME CLOCKS & OPERATIONS 75,600 0 75,600 -55,600 20,000
FAC (INC)
Navy FLORIDA Blount Island POLICE STATION AND EOC FACILITY 0 18,700 18,700 18,700 18,700
Navy FLORIDA Naval Air Station TARGETING & SURVEILLANCE SYST PROD 32,420 32,420 32,420 32,420
Jacksonville SUPP FAC
Navy GUAM Joint Region Marianas BACHELOR ENLISTED QUARTERS H 164,100 64,100 20,000 -130,000 34,100
Navy GUAM Joint Region Marianas EOD COMPOUND FACILITIES 61,900 61,900 61,900 61,900
Navy GUAM Joint Region Marianas MACHINE GUN RANGE (INC) 91,287 91,287 91,287 91,287
Navy HAWAII Marine Corps Air BACHELOR ENLISTED QUARTERS 134,050 134,050 39,000 -68,560 65,490
Station Kaneohe Bay
Navy HAWAII Naval Ammunition Depot MAGAZINE CONSOLIDATION, PHASE 1 53,790 53,790 53,790 53,790
West Loch
Navy ITALY Naval Air Station COMMUNICATIONS STATION 77,400 0 77,400 -77,400 0
Sigonella
Navy JAPAN Fleet Activities PIER 5 (BERTHS 2 AND 3) 174,692 100,000 110,000 -74,692 100,000
Yokosuka
Navy JAPAN Marine Corps Air VTOL PAD--SOUTH 15,870 15,870 15,870 15,870
Station Iwakuni
Navy MARYLAND Saint Inigoes AIR TRAFFIC CONTROL TOWER 0 15,000 0 15,000 15,000
Navy NORTH CAROLINA Camp Lejeune 10TH MARINES HIMARS COMPLEX 35,110 35,110 35,110 35,110
Navy NORTH CAROLINA Camp Lejeune 2ND MARDIV/2ND MLG OPS CENTER 60,130 60,130 60,130 60,130
REPLACEMENT
Navy NORTH CAROLINA Camp Lejeune 2ND RADIO BN COMPLEX, PHASE 2 25,650 25,650 25,650 25,650
(INC)
Navy NORTH CAROLINA Camp Lejeune ACV-AAV MAINTENANCE FACILITY 11,570 0 11,570 11,570
UPGRADES
Navy NORTH CAROLINA Camp Lejeune II MEF OPERATIONS CENTER 122,200 62,200 122,200 -30,000 92,200
REPLACEMENT
Navy NORTH CAROLINA Marine Corps Air AIRCRAFT MAINTENANCE HANGAR (INC) 73,970 73,970 73,970 73,970
Station Cherry Point
Navy NORTH CAROLINA Marine Corps Air ATC TOWER & AIRFIELD OPERATIONS 61,340 61,340 61,340 61,340
Station Cherry Point
Navy NORTH CAROLINA Marine Corps Air F-35 TRAINING AND SIMULATOR 53,230 53,230 53,230 53,230
Station Cherry Point FACILITY
Navy NORTH CAROLINA Marine Corps Air FLIGHTLINE UTILITY MODERNIZATION 51,860 51,860 51,860 51,860
Station Cherry Point (INC)
Navy NORTH CAROLINA Marine Corps Air SLOCUM ROAD PHYSICAL SECUITRY 0 0 52,300 0
Station Cherry Point COMPLIANCE
Navy NORTH CAROLINA Marine Corps Air CH-53K CARGO LOADING TRAINER 11,320 11,320 11,320 11,320
Station New River
Navy PENNSYLVANIA Philadelphia MACHINERY CONTROL DEVELOPMENT 0 66,000 0 74,630 74,630
CENTER
Navy SOUTH CAROLINA Parris Island RANGE IMPROVEMENTS & MODERNIZATION 0 37,200 37,200 37,200 37,200
PHASE 3
Navy UTAH Hill Air Force Base D5 MISSILE MOTOR RECEIPT/STORAGE 50,520 50,520 50,520 50,520
FAC (INC)
Navy VIRGINIA Marine Corps Base WARGAMING CENTER 143,350 70,000 10,000 -110,000 33,350
Quantico
Navy VIRGINIA Naval Station Norfolk MARINER SKILLS TRAINING CENTER 79,100 79,100 0 79,100
Navy VIRGINIA Naval Station Norfolk MH-60 & CMV-22B CORRISON CONTROL 0 49,000 0 60,000 60,000
AND PAINT FACILITY
Navy VIRGINIA Portsmouth Naval DRY DOCK FLOOD PROTECTION 48,930 48,930 48,930 48,930
Shipyard IMPROVEMENTS
Navy VIRGINIA Yorktown Naval Weapons NMC ORDNANCE FACILITIES 0 59,000 59,000 59,000 59,000
Station RECAPITALIZATION PHASE 1
Navy WASHINGTON Bremerton DRY DOCK 4 & PIER 3 MODERNIZATION 51,010 51,010 51,010 51,010
Navy WASHINGTON Keyport UNDERSEA VEHICLE MAINTENANCE 25,050 25,050 25,050 25,050
FACILITY
Navy WASHINGTON Naval Base Kitsap SEAWOLF SERVICE PIER COST-TO- 0 48,000 48,000 48,000 48,000
COMPLETE
Navy WORLDWIDE UNSPECIFIED Unspecified FAMILY HOUSING MITGATION AND 0 0 81,000 0
OVERSIGHT
Navy WORLDWIDE UNSPECIFIED Unspecified PLANNING AND DESIGN 0 0 20,400 0
Navy WORLDWIDE UNSPECIFIED Unspecified PLANNING AND DESIGN 0 0 8,000 0
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTERS 0 0 0 62,400 62,400
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide EARTHQUAKE FACILITY DAMAGE 0 100,000 0 0
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 167,715 168,715 167,715 167,715
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 81,237 81,237 81,237 81,237
Locations
Military Construction, Navy Total 2,805,743 2,942,571 2,827,082 -30,782 2,774,961
........................ ...................... ..................................
AF ALASKA Eielson Air Force Base F-35 AME STORAGE FACILITY 8,600 8,600 8,600 8,600
[[Page H9934]]
AF ARKANSAS Little Rock Air Force C-130H/J FUSELAGE TRAINER FACILITY 47,000 47,000 47,000 47,000
Base
AF ARKANSAS Little Rock Air Force DORMITORY COST-TO-COMPLETE 0 7,000 0 7,000 7,000
Base
AF AUSTRALIA Tindal APR--RAAF TINDAL/EARTH COVERED 11,600 11,600 11,600 11,600
MAGAZINE
AF AUSTRALIA Tindal APR-RAAF TINDAL/BULK STORAGE TANKS 59,000 59,000 59,000 59,000
AF CALIFORNIA Travis Air Force Base ADAL AERIAL PORT SQUADRON MATERIEL 0 17,000 17,000 17,000 17,000
WAREHOUSE
AF CALIFORNIA Travis Air Force Base KC-46A ALTER B181/B185/B187 SQUAD 6,600 6,600 6,600 6,600
OPS/AMU
AF CALIFORNIA Travis Air Force Base KC-46A REGIONAL MAINTENANCE 19,500 19,500 19,500 19,500
TRAINING FACILITY
AF COLORADO Peterson Air Force SOCNORTH THEATER OPERATIONAL 0 54,000 54,000 54,000 54,000
Base SUPPORT FACILITY
AF COLORADO Schriever Air Force CONSOLIDATED SPACE OPERATIONS 148,000 74,000 23,000 -74,551 73,449
Base FACILITY
AF COLORADO United States Air CONSOLIDATE CADET PREP SCHOOL 0 49,000 0 49,000 49,000
Force Academy DORMITORY
AF CYPRUS Royal Air Force NEW DORMITORY FOR 1 ERS 27,000 27,000 27,000 27,000
Akrotiri
AF GEORGIA Moody Air Force Base 41 RQS HH-60W APRON 0 12,500 0 12,500 12,500
AF GUAM Joint Region Marianas MUNITIONS STORAGE IGLOOS III 65,000 65,000 65,000 65,000
AF ILLINOIS Scott Air Force Base JOINT OPERATIONS & MISSION 100,000 100,000 90,000 100,000
PLANNING CENTER
AF JAPAN Kadena Air Base MUNITIONS STORAGE 0 0 7,000 0
AF JAPAN Misawa AB FUEL INFRASTRUCTURE RESILIENCY 0 0 5,300 0
AF JAPAN Yokota Air Base FUEL RECEIPT & DISTRIBUTION 12,400 12,400 12,400 12,400
UPGRADE
AF JORDAN Azraq AIR TRAFFIC CONTROL TOWER 24,000 0 24,000 -24,000 0
AF JORDAN Azraq MUNITIONS STORAGE AREA 42,000 0 42,000 -42,000 0
AF MARIANA ISLANDS Tinian AIRFIELD DEVELOPMENT PHASE 1 109,000 25,000 10,000 -99,000 10,000
AF MARIANA ISLANDS Tinian FUEL TANKS W/ PIPELINE/HYDRANT 109,000 25,000 10,000 -99,000 10,000
SYSTEM
AF MARIANA ISLANDS Tinian PARKING APRON 98,000 25,000 98,000 -73,000 25,000
AF MARYLAND Joint Base Andrews PRESIDENTIAL AIRCRAFT RECAP 86,000 86,000 86,000 86,000
COMPLEX INC 3
AF MASSACHUSETTS Hanscom Air Force Base MIT-LINCOLN LAB (WEST LAB CSL/MIF) 135,000 100,000 65,000 -55,000 80,000
INC 2
AF MISSOURI Whiteman Air Force CONSOLIDATED VEHICLE OPS AND MX 0 27,000 27,000 27,000 27,000
Base FACILITY
AF MONTANA Malmstrom Air Force WEAPONS STORAGE AND MAINTENANCE 235,000 117,500 16,000 -176,000 59,000
Base FACILITY
AF NEVADA Nellis Air Force Base 365TH ISR GROUP FACILITY 57,000 57,000 57,000 57,000
AF NEVADA Nellis Air Force Base F-35 MUNITIONS MAINTENANCE 0 3,100 0 3,100 3,100
FACILITIES COST-TO-COMPLETE
AF NEVADA Nellis Air Force Base F-35A MUNITIONS ASSEMBLY CONVEYOR 8,200 8,200 8,200 8,200
FACILITY
AF NEW MEXICO Holloman Air Force NC3 SUPPORT WRM STORAGE/SHIPPING 0 20,000 20,000 20,000 20,000
Base FACILITY
AF NEW MEXICO Kirtland Air Force COMBAT RESCUE HELICOPTER SIMULATOR 15,500 15,500 15,500 15,500
Base (CRH) ADAL
AF NEW MEXICO Kirtland Air Force UH-1 REPLACEMENT FACILITY 22,400 22,400 22,400 22,400
Base
AF NORTH DAKOTA Minot Air Force Base HELO/TRFOPS/AMU FACILITY 5,500 5,500 5,500 5,500
AF OHIO Wright-Patterson Air ADAL INTELLIGENCE PROD. COMPLEX 120,900 120,900 74,000 120,900
Force Base (NASIC) INC 2
AF TEXAS Joint Base San Antonio AFPC B-WING 0 36,000 0 36,000 36,000
AF TEXAS Joint Base San Antonio AQUATICS TANK 69,000 69,000 69,000 69,000
AF TEXAS Joint Base San Antonio BMT RECRUIT DORMITORY 8 110,000 110,000 17,000 110,000
AF TEXAS Joint Base San Antonio T-X ADAL GROUND BASED TRNG SYS 9,300 9,300 9,300 9,300
(GBTS) SIM
AF TEXAS Joint Base San Antonio T-X MX TRNG SYS CENTRAILIZED TRNG 19,000 19,000 19,000 19,000
FAC
AF UNITED KINGDOM Royal Air Force F-35A PGM FACILITY 14,300 14,300 14,300 14,300
Lakenheath
AF UTAH Hill Air Force Base GBSD MISSION INTEGRATION FACILITY 108,000 40,000 18,000 -75,000 33,000
AF UTAH Hill Air Force Base JOINT ADVANCED TACTICAL MISSILE 6,500 6,500 6,500 6,500
STORAGE FAC
AF WASHINGTON Fairchild Air Force CONSOLIDATED TFI BASE OPERATIONS 31,000 31,000 31,000 31,000
Base
AF WASHINGTON Fairchild Air Force SERE PIPELINE DORMITORY COST-TO- 0 4,800 0 4,800 4,800
Base COMPLETE
AF WORLDWIDE UNSPECIFIED Unspecified CONUS MILITARY FAMILY HOUSING CIVILIAN 0 0 65,000 0
PERSONNEL
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 0 0 40,000 0
[[Page H9935]]
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTERS 0 0 0 31,500 31,500
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide COST TO COMPLETE 0 0 190,000 0
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 142,148 133,148 142,148 142,148
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 79,682 79,682 79,682 79,682
Locations
AF WYOMING F. E. Warren Air Force CONSOLIDATED HELO/TRF OPS/AMU AND 18,100 18,100 18,100 18,100
Base ALERT FAC
Military Construction, Air Force Total 2,179,230 1,799,130 1,752,630 -455,651 1,723,579
........................ ...................... ..................................
Def-Wide CALIFORNIA Beale Air Force Base HYDRANT FUEL SYSTEM REPLACEMENT 33,700 33,700 33,700 33,700
Def-Wide CALIFORNIA Camp Pendleton AMBUL CARE CENTER/DENTAL CLINIC 17,700 17,700 17,700 17,700
REPLACEMENT
Def-Wide CALIFORNIA Mountain View--63 RSC INSTALL MICROGRID CONTROLLER, 750 0 0 9,700 9,700 9,700
KW PV, AND 750 KWH BATTERY
STORAGE
Def-Wide CALIFORNIA Naval Air Weapons ENERGY STORAGE SYSTEM 0 0 8,950 8,950 8,950
Station China Lake
Def-Wide CALIFORNIA NSA Monterey COGENERATION PLANT AT B236 0 0 10,540 10,540 10,540
Def-Wide CONUS CLASSIFIED Classified Location BATTALION COMPLEX, PH 3 82,200 82,200 82,200 82,200
Def-Wide FLORIDA Eglin Air Force Base SOF COMBINED SQUADRON OPS FACILITY 16,500 16,500 16,500 16,500
Def-Wide FLORIDA Hurlburt Field SOF AMU & WEAPONS HANGAR 72,923 72,923 72,923 72,923
Def-Wide FLORIDA Hurlburt Field SOF COMBINED SQUADRON OPERATIONS 16,513 16,513 16,513 16,513
FACILITY
Def-Wide FLORIDA Hurlburt Field SOF MAINTENANCE TRAINING FACILITY 18,950 18,950 18,950 18,950
Def-Wide FLORIDA Naval Air Station Key SOF WATERCRAFT MAINTENANCE 16,000 16,000 16,000 16,000
West FACILITY
Def-Wide GERMANY Geilenkirchen Air Base AMBULATORY CARE CENTER/DENTAL 30,479 30,479 30,479 30,479
CLINIC
Def-Wide GERMANY Ramstein LANDSTUHL ELEMENTARY SCHOOL 0 0 66,800 66,800 66,800
Def-Wide GUAM Joint Region Marianas XRAY WHARF REFUELING FACILITY 19,200 19,200 19,200 19,200
Def-Wide GUAM Naval Base Guam NSA ANDERSON SMART GRID AND ICS 0 0 16,970 16,970 16,970
INFRUSTRUCTURE
Def-Wide HAWAII Joint Base Pearl INSTALL 500KW COVERED PARKING PV 0 0 4,000 4,000 4,000
Harbor-Hickam SYSTEM & ELECTRIC VEHICLE
CHARGING STATIONS B479
Def-Wide HAWAII Joint Base Pearl SOF UNDERSEA OPERATIONAL TRAINING 67,700 67,700 67,700 67,700
Harbor-Hickam FACILITY
Def-Wide JAPAN Yokosuka KINNICK HIGH SCHOOL INC 2 130,386 0 10,000 -130,386 0
Def-Wide JAPAN Yokota Air Base BULK STORAGE TANKS PH1 116,305 20,000 21,000 -96,305 20,000
Def-Wide JAPAN Yokota Air Base PACIFIC EAST DISTRICT 20,106 20,106 20,106 20,106
SUPERINTENDENT'S OFFICE
Def-Wide LOUISIANA Joint Reserve Base DISTRIBUTION SWITCHGEAR 0 0 5,340 0
Naval Air Station New
Orleans
Def-Wide MARYLAND Bethesda Naval MEDCEN ADDITION/ALTERTION INCR 3 96,900 33,000 96,900 -63,900 33,000
Hospital
Def-Wide MARYLAND Fort Detrick MEDICAL RESEARCH ACQUISITION 27,846 27,846 27,846 27,846
BUILDING
Def-Wide MARYLAND Fort Meade NSAW RECAPITALIZE BUILDING #3 INC 426,000 426,000 426,000 426,000
2
Def-Wide MARYLAND NSA Bethesda CHILLER 3-9 REPLACEMENT 0 0 13,840 13,840 13,840
Def-Wide MARYLAND South Potomac IH WATER PROJECT--CBIRF/IHEODTD/ 0 0 18,460 18,460 18,460
HOUSING
Def-Wide MISSISSIPPI Columbus Air Force FUEL FACILITIES REPLACEMENT 16,800 16,800 16,800 16,800
Base
Def-Wide MISSOURI Fort Leonard Wood HOSPITAL REPLACEMENT INCR 2 50,000 50,000 50,000 50,000
Def-Wide MISSOURI St. Louis NEXT NGA WEST (N2W) COMPLEX PHASE 218,800 118,800 153,000 -100,000 118,800
2 INC. 2
Def-Wide NEW MEXICO White Sands Missile INSTALL MICROGRID, 700KW PV, 150 0 0 5,800 5,800 5,800
Range KW GENERATOR, AND BATTERIES
Def-Wide NORTH CAROLINA Camp Lejeune SOF MARINE RAIDER REGIMENT HQ 13,400 13,400 13,400 13,400
Def-Wide NORTH CAROLINA Fort Bragg SOF ASSESSMENT AND SELECTION 12,103 12,103 12,103 12,103
TRAINING COMPLEX
Def-Wide NORTH CAROLINA Fort Bragg SOF HUMAN PLATFORM-FORCE 43,000 43,000 43,000 43,000
GENERATION FACILITY
Def-Wide NORTH CAROLINA Fort Bragg SOF OPERATIONS SUPPORT BLDG 29,000 29,000 29,000 29,000
Def-Wide OKLAHOMA Tulsa IAP FUELS STORAGE COMPLEX 18,900 18,900 18,900 18,900
Def-Wide RHODE ISLAND Quonset State Airport FUELS STORAGE COMPLEX REPLACEMENT 11,600 11,600 11,600 11,600
Def-Wide SOUTH CAROLINA Joint Base Charleston MEDICAL CONSOLIDATED STORAGE & 33,300 33,300 33,300 33,300
DISTRIB CENTER
Def-Wide SOUTH DAKOTA Ellsworth Air Force HYDRANT FUEL SYSTEM REPLACEMENT 24,800 24,800 24,800 24,800
Base
Def-Wide TEXAS Camp Swift INSTALL MICROGRID, 650KW PV, & 500 0 0 4,500 4,500 4,500
KW GENERATOR
[[Page H9936]]
Def-Wide TEXAS Fort Hood INSTALL A CENTRAL ENERGY PLANT 0 0 16,500 16,500 16,500
Def-Wide VIRGINIA Defense Distribution OPERATIONS CENTER PHASE 2 98,800 33,000 98,800 -65,800 33,000
Depot Richmond
Def-Wide VIRGINIA Joint Expeditionary SOF NSWG-10 OPERATIONS SUPPORT 32,600 32,600 32,600 32,600
Base Little Creek-- FACILITY
Fort Story
Def-Wide VIRGINIA Joint Expeditionary SOF NSWG2 JSOTF OPS TRAINING 13,004 13,004 13,004 13,004
Base Little Creek-- FACILITY
Fort Story
Def-Wide VIRGINIA NRO Headquarters INTERGRATION SYSTEM UPGRADES 0 0 66 66 66
Def-Wide VIRGINIA Pentagon BACKUP GENERATOR 8,670 8,670 8,670 8,670
Def-Wide VIRGINIA Pentagon CONTROL TOWER & FIRE DAY STATION 20,132 20,132 20,132 20,132
Def-Wide VIRGINIA Training Center Dam SOF DEMOLITION TRAINING COMPOUND 12,770 12,770 12,770 12,770
Neck EXPANSION
Def-Wide WASHINGTON Joint Base Lewis- SOF 22 STS OPERATIONS FACILITY 47,700 47,700 47,700 47,700
McChord
Def-Wide WASHINGTON Naval Base Kitsap KEYPORT MAIN SUBSTATION 0 0 23,670 23,670 23,670
REPLACEMENT
Def-Wide WISCONSIN Gen Mitchell IAP POL FACILITIES REPLACEMENT 25,900 25,900 25,900 25,900
Def-Wide WORLDWIDE CLASSIFIED Classified Location MISSION SUPPORT COMPOUND 52,000 0 52,000 52,000
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide DEFENSE COMMUNITY INFRUSTRUCTURE 0 0 100,000 0
PROGRAM
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide CONTINGENCY CONSTRUCTION 10,000 0 10,000 -10,000 0
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide ENERGY RESILIENCE AND CONSERV. 150,000 190,000 150,000 150,000
Locations INVEST. PROG.
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide ERCIP DESIGN 10,000 10,000 10,000 10,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE RELATED MINOR 11,770 11,770 11,770 11,770
Locations CONSTRUCTION
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 15,000 15,000 15,000 15,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 29,679 29,679 29,679 29,679
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 35,472 35,472 35,472 35,472
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 4,890 4,890 4,890 4,890
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 14,400 14,400 14,400 14,400
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000 3,000 3,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 31,464 31,464 31,464 31,464
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 3,228 3,228 3,228 3,228
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 10,000 10,000 10,000 10,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 8,000 8,000 8,000 8,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 4,950 4,950 4,950 4,950
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 52,532 52,532 52,532 52,532
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 63,382 63,382 63,382 63,382
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 27,000 27,000 27,000 27,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 0 (40,000) 0 0
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN: MILITARY 0 0 0 30,000 30,000
Locations INSTALLATION RESILIENCY
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 10,000 10,000 10,000 10,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 16,736 16,736 16,736 16,736
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 0 (10,000) 0 0
Locations
Military Construction, Defense-Wide Total 2,504,190 1,975,799 2,527,835 (236,595) 2,267,595
........................ ...................... ..................................
NATO WORLDWIDE UNSPECIFIED NATO Security NATO SECURITY INVESTMENT PROGRAM 144,040 172,005 144,040 144,040
Investment Program
NATO Security Investment Program Total 144,040 172,005 144,040 144,040
[[Page H9937]]
........................ ...................... ..................................
Army NG ALABAMA Anniston Army Depot ENLISTED TRANSIENT BARRACKS 0 34,000 34,000 34,000 34,000
Army NG ALABAMA Foley NATIONAL GUARD READINESS CENTER 12,000 12,000 12,000 12,000
Army NG CALIFORNIA Camp Roberts AUTOMATED MULTIPURPOSE MACHINE GUN 12,000 12,000 12,000 12,000
RANGE
Army NG IDAHO Orchard Combat RAILROAD TRACKS 29,000 29,000 29,000 29,000
Training Center
Army NG MARYLAND Havre de Grace COMBINED SUPPORT MAINTENANCE SHOP 12,000 12,000 12,000 12,000
Army NG MASSACHUSETTS Camp Edwards AUTOMATED MULTIPURPOSE MACHINE GUN 9,700 9,700 9,700 9,700
RANGE
Army NG MINNESOTA New Ulm NATIONAL GUARD VEHICLE MAINTENANCE 11,200 11,200 11,200 11,200
SHOP
Army NG MISSISSIPPI Camp Shelby AUTOMATED MULTIPURPOSE MACHINE GUN 8,100 8,100 8,100 8,100
RANGE
Army NG MISSOURI Springfield NATIONAL GUARD READINESS CENTER 12,000 12,000 12,000 12,000
Army NG NEBRASKA Bellevue NATIONAL GUARD READINESS CENTER 29,000 29,000 29,000 29,000
Army NG NEW HAMPSHIRE Concord NATIONAL GUARD READINESS CENTER 5,950 5,950 5,950 5,950
Army NG NEW YORK Jamaica Armory NATIONAL GUARD READINESS CENTER 0 91,000 20,000 91,000 91,000
Army NG PENNSYLVANIA Moon Township COMBINED SUPPORT MAINTENANCE SHOP 23,000 23,000 23,000 23,000
Army NG VERMONT Jericho GENERAL INSTRUCTION BUILIDING 0 30,000 30,000 30,000 30,000
Army NG WASHINGTON Richland NATIONAL GUARD READINESS CENTER 11,400 11,400 11,400 11,400
Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 20,469 20,469 20,469 20,469
Locations
Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 15,000 15,000 15,000 15,000
Locations
Military Construction, Army National Guard Total 210,819 365,819 294,819 155,000 365,819
........................ ...................... ..................................
Army Res DELAWARE Newark ARMY RESERVE CENTER/BMA 21,000 21,000 21,000 21,000
Army Res WISCONSIN Fort McCoy TRANSIENT TRAINING BARRACKS 25,000 25,000 25,000 25,000
Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 6,000 6,000 6,000 6,000
Locations
Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 8,928 8,928 8,928 8,928
Locations
Military Construction, Army Reserve Total 60,928 60,928 60,928 60,928
........................ ...................... ..................................
N/MC Res LOUISIANA New Orleans ENTRY CONTROL FACILITY UPGRADES 25,260 25,260 25,260 25,260
N/MC Res WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 4,780 4,780 4,780 4,780
Locations
N/MC Res WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 24,915 24,915 24,915 24,915
Locations
Military Construction, Naval Reserve Total 54,955 54,955 54,955 54,955
........................ ...................... ..................................
Air NG CALIFORNIA Moffett Air National FUELS/CORROSION CONTROL HANGER AND 0 57,000 57,000 57,000 57,000
Guard Base SHOPS
Air NG GEORGIA Savannah/Hilton Head CONSOLIDATED JOINT AIR DOMINANCE 24,000 24,000 24,000 24,000
IAP HANGAR/SHOPS
Air NG MISSOURI Rosecrans Memorial C-130 FLIGHT SIMULATOR FACILITY 9,500 9,500 9,500 9,500
Airport
Air NG PUERTO RICO Luis Munoz-Marin IAP COMMUNICATIONS FACILITY 12,500 0 12,500 12,500
Air NG PUERTO RICO Luis Munoz-Marin IAP MAINTENANCE HANGAR 37,500 0 37,500 (1,500) 36,000
Air NG WISCONSIN Truax Field F-35 SIMULATOR FACILITY 14,000 14,000 14,000 14,000
Air NG WISCONSIN Truax Field FIGHTER ALERT SHELTERS 20,000 20,000 20,000 20,000
Air NG WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 31,471 31,471 31,471 31,471
Locations
Air NG WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 17,000 17,000 17,000 17,000
Locations
Military Construction, Air National Guard Total 165,971 172,971 222,971 55,500 221,471
........................ ...................... ..................................
AF Res GEORGIA Robins Air Force Base CONSOLIDATED MISSSION COMPLEX 43,000 43,000 43,000 43,000
PHASE 3
AF Res MARYLAND Joint Base Andrews AES TRAINING ADMIN FACILITY 0 15,000 0 15,000 15,000
AF Res MINNESOTA Minneapolis-St. Paul AERIAL PORT FACILITY 0 9,800 9,800 9,800 9,800
IAP
AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 4,604 4,604 4,604 4,604
Locations
AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 12,146 12,146 12,146 12,146
Locations
Military Construction, Air Force Reserve Total 59,750 84,550 69,550 24,800 84,550
........................ ...................... ..................................
FH Con Army GERMANY Baumholder FAMILY HOUSING IMPROVEMENTS 29,983 29,983 29,983 29,983
FH Con Army KOREA Camp Humphreys FAMILY HOUSING NEW CONSTRUCTION 83,167 83,167 83,167 83,167
INCR 4
FH Con Army PENNSYLVANIA Tobyhanna Army Depot FAMILY HOUSING REPLACEMENT 19,000 19,000 19,000 19,000
CONSTRUCTION
FH Con Army WORLDWIDE UNSPECIFIED Unspecified Worldwide FAMILY HOUSING P & D 9,222 9,222 9,222 5,000 14,222
Locations
[[Page H9938]]
........................ ...................... Housing pilot [5,000]
Family Housing Construction, Army Total 141,372 141,372 141,372 5,000 146,372
........................ ...................... ..................................
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 24,027 24,027 24,027 24,027
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVITIZATION SUPPORT 18,627 68,627 83,627 45,000 63,627
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 128,938 128,938 128,938 128,938
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 81,065 81,065 81,065 54,733 135,798
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 38,898 38,898 38,898 38,898
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 484 484 484 484
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 10,156 10,156 10,156 10,156
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 55,712 55,712 55,712 55,712
Locations
Family Housing Operation And Maintenance, Army Total 357,907 407,907 422,907 99,733 457,640
........................ ...................... ..................................
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide CONSTRUCTION IMPROVEMENTS 41,798 41,798 41,798 41,798
Locations
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 3,863 3,863 3,863 3,863
Locations
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide USMC DPRI/GUAM PLANNING AND DESIGN 2,000 2,000 2,000 2,000
Locations
Family Housing Construction, Navy And Marine Corps Total 47,661 47,661 47,661 47,661
........................ ...................... ..................................
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 19,009 19,009 19,009 19,009
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION SUPPORT 21,975 81,575 81,575 59,600 81,575
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 64,126 64,126 64,126 64,126
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 82,611 82,611 82,611 54,733 137,344
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 50,122 50,122 50,122 50,122
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 151 151 151 151
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 16,647 16,647 16,647 16,647
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 63,229 63,229 63,229 63,229
Locations
Family Housing Operation And Maintenance, Navy And Marine Corps Total 317,870 377,470 377,470 114,333 432,203
........................ ...................... ..................................
FH Con AF GERMANY Spangdahlem Air Base CONSTRUCT DEFICIT MILITARY FAMILY 53,584 53,584 53,584 53,584
HOUSING
FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide CONSTRUCTION IMPROVEMENTS 46,638 46,638 46,638 46,638
Locations
FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 3,409 3,409 3,409 3,409
Locations
Family Housing Construction, Air Force Total 103,631 103,631 103,631 103,631
........................ ...................... ..................................
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 30,283 30,283 30,283 30,283
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION 22,593 53,793 53,793 31,200 53,793
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 15,768 15,768 15,768 15,768
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 117,704 117,704 117,704 54,733 172,437
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 56,022 56,022 56,022 56,022
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 2,144 2,144 2,144 2,144
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 7,770 7,770 7,770 7,770
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 42,732 42,732 42,732 42,732
Locations
Family Housing Operation And Maintenance, Air Force Total 295,016 326,216 326,216 85,933 380,949
........................ ...................... ..................................
[[Page H9939]]
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 82 82 82 82
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 645 645 645 645
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 12,906 12,906 12,906 12,906
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 39,222 39,222 39,222 39,222
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 32 32 32 32
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 13 13 13 13
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 4,100 4,100 4,100 4,100
Locations
Family Housing Operation And Maintenance, Defense-Wide Total 57,000 57,000 57,000 57,000
........................ ...................... ..................................
FHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--FHIF 3,045 3,045 3,045 3,045
Locations
DOD Family Housing Improvement Fund Total 3,045 3,045 3,045 3,045
........................ ...................... ..................................
UHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--UHIF 500 500 500 500
Locations
Unaccompanied Housing Improvement Fund Total 500 500 500 500
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Worldwide Unspecified BASE REALIGNMENT AND CLOSURE 66,111 96,111 66,111 28,000 94,111
Locations
Base Realignment and Closure--Army Total 66,111 96,111 66,111 28,000 94,111
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide BASE REALIGNMENT & CLOSURE 158,349 218,349 158,349 58,000 216,349
Locations
Base Realignment and Closure--Navy Total 158,349 218,349 158,349 58,000 216,349
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DOD BRAC ACTIVITIES--AIR FORCE 54,066 84,066 54,066 28,000 82,066
Locations
Base Realignment and Closure--Air Force Total 54,066 84,066 54,066 28,000 82,066
........................ ...................... ..................................
PYS PRIOR YEAR SAVINGS Prior Year Savings PRIOR YEAR SAVINGS 0 (45,055) 0 (64,685) (64,685)
Prior Year Savings Total 0 (45,055) 0 (64,685) (64,685)
........................ ...................... ..................................
Total, Military Construction 11,241,653 10,639,000 10,970,137 (315,914) 10,925,739
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9940]]
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army GUANTANAMO BAY, CUBA Guantanamo Bay Naval OCO: COMMUNICATIONS FACILITY 22,000 22,000 22,000 22,000
Station
Army GUANTANAMO BAY, CUBA Guantanamo Bay Naval OCO: DETENTION LEGAL OFFICE AND 11,800 11,800 11,800 11,800
Station COMMS CTR
Army GUANTANAMO BAY, CUBA Guantanamo Bay Naval OCO: HIGH VALUE DETENTION FACILITY 88,500 0 0 -88,500 0
Station
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI/OCO PLANNING AND DESIGN 19,498 19,498 19,498 19,498
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI: BULK FUEL STORAGE 36,000 36,000 36,000 36,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI: INFORMATION SYSTEMS FACILITY 6,200 6,200 6,200 6,200
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI: MINOR CONSTRUCTION 5,220 5,220 5,220 5,220
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED WORLDWIDE CONSTRUCTION 9,200,000 0 0 -9,200,000 0
Locations
Army WORLDWIDE UNSPECIFIED Various Worldwide EDI: VARIOUS WORLDWIDE LOCATIONS 0 56,142 0 36,212 36,212
Locations EUROPE
Military Construction, Army Total 9,389,218 156,860 100,718 -9,252,288 136,930
........................ ...................... ..................................
Navy BAHRAIN SW Asia ELECTRICAL SYSTEM UPGRADE 0 53,360 0 53,360 53,360
Navy ITALY Sigonella COMMUNICATIONS STATION 0 77,400 0 77,400 77,400
Navy SPAIN Rota EDI: IN-TRANSIT MUNITIONS FACILITY 9,960 9,960 9,960 9,960
Navy SPAIN Rota EDI: JOINT MOBILITY CENTER 46,840 46,840 46,840 46,840
Navy SPAIN Rota EDI: SMALL CRAFT BERTHING FACILITY 12,770 12,770 12,770 12,770
Navy WORLDWIDE UNSPECIFIED Unspecified PLANNING & DESIGN 0 0 50,000 0
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 25,000 25,000 25,000 25,000
Locations
Navy WORLDWIDE UNSPECIFIED Various Worldwide EDI: VARIOUS WORLDWIDE LOCATIONS 0 56,246 0 36,211 36,211
Locations EUROPE
Military Construction, Navy Total 94,570 281,576 144,570 166,971 261,541
........................ ...................... ..................................
AF ICELAND Keflavik EDI-AIRFIELD UPGRADES--DANGEROUS 18,000 18,000 18,000 18,000
CARGO PAD
AF ICELAND Keflavik EDI-BEDDOWN SITE PREP 7,000 7,000 7,000 7,000
AF ICELAND Keflavik EDI-EXPAND PARKING APRON 32,000 32,000 32,000 32,000
AF JORDAN Azraq AIR TRAFFIC CONTROL TOWER 0 24,000 0 24,000 24,000
AF JORDAN Azraq MUNITIONS STORAGE AREA 0 42,000 0 42,000 42,000
AF SPAIN Moron EDI-HOT CARGO PAD 8,500 8,500 8,500 8,500
AF WORLDWIDE UNSPECIFIED Unspecified PLANNING & DESIGN 0 0 247,000 60,000 60,000
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI-ECAOS DABS/FEV EMEDS STORAGE 107,000 107,000 107,000 107,000
Locations
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI-HOT CARGO PAD 29,000 29,000 29,000 29,000
Locations
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI-MUNITIONS STORAGE AREA 39,000 39,000 39,000 39,000
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide EDI: VARIOUS WORLDWIDE LOCATIONS 0 56,246 0 36,211 36,211
Locations EUROPE
AF WORLDWIDE UNSPECIFIED Various Worldwide EDI-P&D 61,438 61,438 61,438 61,438
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide EDI-UMMC 12,800 12,800 12,800 12,800
Locations
Military Construction, Air Force Total 314,738 436,984 561,738 162,211 476,949
........................ ...................... ..................................
Def-Wide GERMANY Gemersheim EDI: LOGISTICS DISTRIBUTION CENTER 46,000 46,000 46,000 46,000
ANNEX
Military Construction,Defense-Wide Total 46,000 46,000 46,000 46,000
........................ ...................... ..................................
Total, Military Construction 9,844,526 921,420 853,026 -8,923,106 921,420
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page H9941]]
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy CALIFORNIA Naval Air Weapons Planning and Design 0 0 0 0 89,320
Station China Lake
Navy CALIFORNIA Naval Air Weapons Hanger 3 Replacement, Apron, 0 0 0 514,600 514,600
Station China Lake Taxiway & Utilities for RDT&E
Navy CALIFORNIA Naval Air Weapons Aircraft Parking Apron in Support 0 0 0 50,800 50,800
Station China Lake of Hanger 2 Replacement
Navy CALIFORNIA Naval Air Weapons Michelson Mission Systems 0 0 0 202,340 202,340
Station China Lake Intergration Laboratory
Navy CALIFORNIA Naval Air Weapons Magazines & Inert Storage Facility 0 0 0 138,930 138,930
Station China Lake
Navy CALIFORNIA Naval Air Weapons Air Operations Facility & Air 0 0 0 70,900 70,900
Station China Lake Traffic Control Tower
Navy CALIFORNIA Naval Air Weapons Community Support Facilities 0 0 0 85,790 85,790
Station China Lake
Navy NORTH CAROLINA Camp Lejeune Courthouse Bay Fire Station 0 0 21,336 21,336 21,336
Replacement
Navy NORTH CAROLINA Camp Lejeune Hadnot Point Fire Station 0 0 21,931 21,931 21,931
Replacement
Navy NORTH CAROLINA Camp Lejeune Hadnot Point Mess Hall Replacement 0 0 66,023 66,023 66,023
Navy NORTH CAROLINA Camp Lejeune II MEF Simulation/Training Center 0 0 74,487 74,487 74,487
Replacement
Navy NORTH CAROLINA Camp Lejeune LOGCOM CSP Warehouse Replacement 0 0 35,874 35,874 35,874
Navy NORTH CAROLINA Camp Lejeune LSSS Facility Replacement 0 0 26,815 26,815 26,815
Navy NORTH CAROLINA Camp Lejeune MC Advisor Battalion HQs 0 0 30,109 30,109 30,109
Replacement
Navy NORTH CAROLINA Camp Lejeune MCCSSS Log Ops School 0 0 179,617 179,617 179,617
Navy NORTH CAROLINA Camp Lejeune MCES Applied Instruction Facility 0 0 0 95,599 95,599
Replacement
Navy NORTH CAROLINA Camp Lejeune NCIS Facilities Replacement 0 0 22,594 22,594 22,594
Navy NORTH CAROLINA Camp Lejeune PMO Facility Replacement 0 0 0 34,718 34,718
Navy NORTH CAROLINA Camp Lejeune WTBN Headquarters Replacement 0 0 18,644 18,644 18,644
Navy NORTH CAROLINA MCAS Cherry Point Physical Security Compliance 0 0 0 52,300 52,300
Navy NORTH CAROLINA MCAS Cherry Point BT-11 Range Operations Center 0 0 14,251 14,251 14,251
Replacement
Navy NORTH CAROLINA MCAS New River C-12W Aircraft Maintenance Hangar 0 0 36,295 36,295 36,295
Replacement
Navy NORTH CAROLINA MCAS New River Bachelor Enlisted Quarters 0 0 62,104 62,104 62,104
Replacement
Navy NORTH CAROLINA MCAS New River CNATT Classroom Building 0 0 0 114,706 114,706
Replacement
Navy NORTH CAROLINA MCAS New River CH-53K Maintenance Hangar 0 0 0 252,717 252,717
Replacement
Military Construction, Navy Total 0 0 610,080 2,223,480 2,312,800
........................ ...................... ..................................
AF FLORIDA Tyndall Air Force Base 325th Fighting Wing HQ Facility 0 0 0 38,000 38,000
AF FLORIDA Tyndall Air Force Base Aerospace & Operational Physiology 0 0 10,400 12,000 12,000
Facility
AF FLORIDA Tyndall Air Force Base Aircraft MX Fuel Cell Hangar 0 0 28,000 37,000 37,000
AF FLORIDA Tyndall Air Force Base Aircraft Wash Rack 0 0 10,600 9,100 9,100
AF FLORIDA Tyndall Air Force Base Airfield Drainage 0 0 0 144,000 144,000
AF FLORIDA Tyndall Air Force Base Auxiliary Ground Equipment 0 0 0 22,000 22,000
Facility
AF FLORIDA Tyndall Air Force Base Chapel 0 0 0 26,000 26,000
AF FLORIDA Tyndall Air Force Base Community Commons Facility 0 0 0 64,000 64,000
AF FLORIDA Tyndall Air Force Base Deployment Center/Flight Line 0 0 31,000 43,000 43,000
Dining/AAFES
AF FLORIDA Tyndall Air Force Base Dorm Complex Phase 1 0 0 0 145,000 145,000
AF FLORIDA Tyndall Air Force Base Dorm Complex Phase 2 0 0 0 131,000 131,000
AF FLORIDA Tyndall Air Force Base Emergency Management, EOC, Alt CP 0 0 14,400 20,000 20,000
AF FLORIDA Tyndall Air Force Base Flightline--Muns Storage, 7000 0 0 0 36,000 36,000
Area
AF FLORIDA Tyndall Air Force Base Lodging Facilities Phase 1 0 0 0 90,000 90,000
AF FLORIDA Tyndall Air Force Base Lodging Facilities Phase 2 0 0 0 89,000 89,000
AF FLORIDA Tyndall Air Force Base Operations Group/Maintenance Group 0 0 18,500 24,000 24,000
HQ
AF FLORIDA Tyndall Air Force Base Ops/Aircraft Maintenance Unit/ 0 0 0 74,000 74,000
Hangar #2
AF FLORIDA Tyndall Air Force Base Ops/Aircraft Maintenance Unit/ 0 0 0 75,000 75,000
Hangar #3
AF FLORIDA Tyndall Air Force Base OSS/Radar Approach Control 0 0 51,000 37,000 37,000
Facility
AF FLORIDA Tyndall Air Force Base Planning and Design 0 0 0 0 52,400
AF FLORIDA Tyndall Air Force Base Security Forces Mobility Storage 0 0 2,800 6,700 6,700
Facility
AF FLORIDA Tyndall Air Force Base Simulator Facility 0 0 0 38,000 38,000
AF FLORIDA Tyndall Air Force Base Site Development, Utilities & Demo 0 0 0 141,000 141,000
Phase 2
AF FLORIDA Tyndall Air Force Base Small Arms Range 0 0 0 26,000 26,000
AF FLORIDA Tyndall Air Force Base Special Purpose Vehicle 0 0 14,000 20,000 20,000
Maintenance
AF FLORIDA Tyndall Air Force Base Tyndall AFB Gate Complexes 0 0 38,000 75,000 75,000
AF FLORIDA Tyndall Air Force Base Weapons Load Training Hangar 0 0 0 25,000 25,000
AF NEBRASKA Offutt Air Force Base Emergency Power Microgrid 0 0 0 43,000 43,000
AF NEBRASKA Offutt Air Force Base Flightline Hangars Campus 0 0 0 10,000 10,000
AF NEBRASKA Offutt Air Force Base Lake Campus 0 0 0 6,000 6,000
AF NEBRASKA Offutt Air Force Base Logistics Readiness Squadron 0 0 0 18,500 18,500
Campus
AF NEBRASKA Offutt Air Force Base Security Campus 0 0 0 63,000 63,000
AF VIRGINIA Joint Base Langley- Dormitory 0 0 0 31,000 31,000
Eustis
Military Construction, Air Force Total 0 0 218,700 1,619,300 1,671,700
[[Page H9942]]
........................ ...................... ..................................
Def-Wide NORTH CAROLINA Camp Lejeune Ambulatory Care Center (Camp 0 0 17,821 17,821 17,821
Geiger)
Def-Wide NORTH CAROLINA Camp Lejeune Ambulatory Care Center (Camp 0 0 27,492 27,492 27,492
Johnson)
Def-Wide NORTH CAROLINA Camp Lejeune MARSOC ITC Team Facility 0 0 0 30,000 30,000
Replacement
Military Construction, Defense-Wide Total 0 0 45,313 75,313 75,313
........................ ...................... ..................................
Army NG LOUISIANA Pineville National Guard Readiness Center 0 0 0 16,500 16,500
Army NG NEBRASKA Ashland Training Site, Various Facilities 0 0 0 35,000 35,000
Army NG NEBRASKA Ashland Flood Control Levee/Floodwall 0 0 0 8,500 8,500
Military Construction, Army National Guard Total 0 0 0 60,000 60,000
........................ ...................... ..................................
Total, Military Construction 0 0 874,093 3,978,093 4,119,813
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[[Page H9943]]
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 Senate Conference Conference
Program Request Authorized Authorized Change 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 -611,529 69,800 36,177 12,444,780
Defense nuclear nonproliferation..... 1,993,302 41,785 -29,100 27,512 2,020,814
Naval reactors....................... 1,648,396 -16,254 0 -15,000 1,633,396
Federal salaries and expenses........ 434,699 -44,699 -11,700 0 434,699
Total, National nuclear security 16,485,000 -630,697 29,000 48,689 16,533,689
administration........................
Environmental and other defense
activities:
Defense environmental cleanup........ 5,506,501 109,500 21,231 5,527,732
Other defense activities............. 1,035,339 -3,000 -149,500 885,839
Defense nuclear waste disposal....... 26,000 -26,000 -26,000 -26,000 0
Total, Environmental & other defense 6,567,840 83,500 -29,000 -154,269 6,413,571
activities............................
Total, Atomic Energy Defense Activities.. 23,052,840 -547,197 -105,580 22,947,260
Total, Discretionary Funding................. 23,190,648 -547,197 -105,580 23,085,068
Nuclear Energy
Idaho sitewide safeguards and security..... 137,808 137,808
Total, Nuclear Energy........................ 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program.......... 792,611 792,611
W76-2 Modification program............. 10,000 -10,000 10,000
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 -59,011 112,011
IW1)..................................
Unjustified growth................... [-59,011]
Total, Life extension programs and major 2,117,359 -69,011 2,117,359
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 -5,607 85,811
Unjustified study requirement........ [-5,607]
B83 Stockpile systems.................. 51,543 -29,122 51,543
Unjustified growth................... [-29,122]
W87 Stockpile systems.................. 98,262 98,262
W88 Stockpile systems.................. 157,815 157,815
Total, Stockpile systems................. 635,766 -34,729 635,766
Weapons dismantlement and disposition
Operations and maintenance............. 47,500 47,500
Program increase
Stockpile services
Production support..................... 543,964 -43,964 543,964
Unjustified program growth........... [-33,964]
Program decrease..................... [-10,000]
[[Page H9944]]
Research and development support....... 39,339 -3,189 1,000 39,339
Unjustified program growth........... [-3,189]
UFR list--technology maturation...... [1,000]
R&D certification and safety........... 236,235 -34,395 10,000 236,235
Unjustified program growth........... [-34,395]
UFR list--technology maturation...... [10,000]
Management, technology, and production. 305,000 -5,000 305,000
Program decrease..................... [-5,000]
Total, Stockpile services................ 1,124,538 -86,548 11,000 1,124,538
Strategic materials
Uranium sustainment.................... 94,146 94,146
Plutonium sustainment.................. 712,440 -241,131 712,440
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 -241,131 1,501,194
Total, Directed stockpile work............. 5,426,357 -431,419 11,000 5,426,357
Research, development, test and evaluation
(RDT&E)
Science
Advanced certification................. 57,710 57,710
Primary assessment technologies........ 95,169 95,169
Dynamic materials properties........... 133,800 133,800
Advanced radiography................... 32,544 32,544
Secondary assessment technologies...... 77,553 77,553
Academic alliances and partnerships.... 44,625 44,625
Enhanced Capabilities for Subcritical 145,160 145,160
Experiments...........................
Total, Science........................... 586,561 586,561
Engineering
Enhanced surety........................ 46,500 -6,783 8,000 46,500
Unjustified program growth........... [-6,783]
UFR list--technology maturation...... [8,000]
Delivery Environments (formerly Weapons 35,945 -12,916 35,945
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 -34,830 40,800 40,800 80,630
Unjustified request.................. [-34,830]
Program expansion.................... [40,800] [40,800]
Total, Engineering ...................... 233,954 -54,529 48,800 40,800 274,754
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 5,000 5,000 343,247
production............................
Program increase..................... [5,000] [5,000]
Total, Inertial confinement fusion and 480,595 5,000 5,000 485,595
high yield..............................
Advanced simulation and computing
Advanced simulation and computing...... 789,849 789,849
Construction:
18-D-620, Exascale Computing Facility 50,000 50,000
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 10,000 3,590 52,000
UFR list--technology maturation...... [10,000] [3,590]
[[Page H9945]]
Process technology development......... 69,998 -39,084 69,998
Unjustified program growth........... [-39,804]
Total, Advanced manufacturing............ 136,908 -39,084 10,000 3,590 140,498
Total, RDT&E............................... 2,277,867 -88,613 58,800 49,390 2,327,257
Infrastructure and operations
Operations of facilities................. 905,000 -35,000 905,000
Unjustified program growth............. [-35,000]
Safety and environmental operations...... 119,000 -9,000 119,000
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 -26,284 135,341
Unjustified program growth........... [-26,284]
Total, Recapitalization.................. 582,998 -26,284 582,998
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS..............
18-D-690, Lithium Processing Facility, 32,000 7,000 32,000
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 7,000 1,145,444
Total, Infrastructure and operations....... 3,208,442 -63,284 3,208,442
Secure transportation asset
Operations and equipment................. 209,502 209,502
Program direction........................ 107,660 107,660
Total, Secure transportation asset......... 317,162 317,162
Defense nuclear security
Operations and maintenance............... 778,213 -28,213 -13,213 765,000
Excess to need......................... [-28,213] [-13,213]
Total, Defense nuclear security............ 778,213 -28,213 -13,213 765,000
Information technology and cybersecurity... 309,362 309,362
Legacy contractor pensions................. 91,200 91,200
Total, Weapons Activities.................... 12,408,603 -611,529 69,800 36,177 12,444,780
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security......... 48,839 48,839
Domestic radiological security......... 90,513 90,513
International radiological security.... 60,827 20,000 18,080 78,907
Secure additional radiologic [20,000] [18,080]
materials...........................
Nuclear smuggling detection and 142,171 142,171
deterrence............................
Total, Global material security.......... 342,350 20,000 18,080 360,430
Material management and minimization
HEU reactor conversion................. 114,000 -15,000 99,000
Program decrease..................... [-15,000]
Nuclear material removal............... 32,925 32,925
Material disposition................... 186,608 186,608
Total, Material management & minimization 333,533 -15,000 318,533
Nonproliferation and arms control........ 137,267 137,267
[[Page H9946]]
Defense nuclear nonproliferation R&D..... 495,357 30,000 -19,500 4,432 499,789
Proliferation detection research....... [15,000]
Nonproliferation Stewardship program [-19,500]
strategic plan........................
Additional verification and detection [15,000] [4,432]
effort................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 79,000 79,000
Project...............................
99-D-143 Mixed Oxide (MOX) Fuel 220,000 -6,500 220,000
Fabrication Facility, SRS.............
Program decrease..................... [-6,500]
Low-enriched uranium research and 0 20,000 20,000 20,000
development.............................
Program increase....................... [20,000] [20,000]
Total, Nonproliferation construction..... 299,000 -6,500 20,000 299,000
Total, Defense Nuclear Nonproliferation 1,607,507 63,500 -19,500 27,512 1,635,019
Programs..................................
Legacy contractor pensions................. 13,700 13,700
Nuclear counterterrorism and incident 372,095 -31,715 -9,600 372,095
response program..........................
Unjustified cost growth.................. [-31,715]
Non-defense function realignment......... [-9,600]
DPRK phased denuclearization long-term 0 10,000
monitoring and verification...............
Program increase......................... [10,000]
Total, Defense Nuclear Nonproliferation...... 1,993,302 41,785 -29,100 27,512 2,020,814
Naval Reactors
Naval reactors development................. 531,205 -16,254 -15,000 516,205
Unjustified growth....................... [-16,254] [-15,000]
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 -16,254 -15,000 1,633,396
Federal Salaries And Expenses
Program direction.......................... 434,699 -44,699 -11,700 434,699
Unjustified growth....................... [-24,699]
Program decrease......................... [-20,000]
Alignment with FTEs authorized........... [-11,700]
Total, Office Of The Administrator........... 434,699 -44,699 -11,700 434,699
Defense Environmental Cleanup
Closure sites:
Closure sites administration............. 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations..............................
Central plateau remediation.............. 472,949 50,000 50,000 522,949
Program increase....................... [50,000] [50,000]
Richland community and regulatory support 5,121 5,121
Construction:
18-D-404 WESF Modifications and Capsule 11,000 11,000
Storage...............................
Total, Construction...................... 11,000 11,000
Total, Hanford site........................ 628,820 50,000 50,000 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning...........................
Rad liquid tank waste stabilization and 677,460 28,000 28,000 705,460
disposition.............................
Program increase....................... [28,000] [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 -5,000 25,000
[[Page H9947]]
Program decrease..................... [-5,000]
01-D-16 E--Pretreatment Facility....... 20,000 -5,000 15,000
Program decrease..................... [-5,000]
Total, Construction...................... 690,000 -10,000 680,000
ORP Low-level waste offsite disposal..... 10,000 10,000
Total, Office of River Protection.......... 1,392,460 28,000 18,000 1,410,460
Idaho National Laboratory:
Idaho cleanup and waste disposition...... 331,354 331,354
Idaho community and regulatory support... 3,500 3,500
Total, Idaho National Laboratory........... 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory... 1,727 1,727
LLNL Excess facilities D&D............... 128,000 -73,000 55,000
Program decrease....................... [-73,000]
Nuclear facility D & D
Separations Process Research Unit...... 15,300 15,300
Nevada................................. 60,737 60,737
Sandia National Laboratories........... 2,652 2,652
Los Alamos National Laboratory......... 195,462 195,462
Total, NNSA sites and Nevada off-sites..... 403,878 -73,000 330,878
Oak Ridge Reservation:
OR Nuclear facility D & D................ 93,693 93,693
Total, OR Nuclear facility D & D......... 93,693 93,693
U233 Disposition Program................. 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition............. 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 -5,269 10,000
facility............................
Program decrease................... [-5,269]
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility..................
Total, Construction.................... 64,269 -5,269 59,000
Total, OR cleanup and waste disposition.. 146,269 -5,269 141,000
OR community & regulatory support........ 4,819 4,819
OR technology development and deployment. 3,000 3,000
Total, Oak Ridge Reservation............... 292,781 -5,269 287,512
Savannah River Sites:
Savannah River risk management operations
Savannah River risk management 490,613 25,000 25,000 515,613
operations............................
Program increase..................... [25,000]
Construction:
18-D-402, Emergency Operations Center 6,792 6,792
Total, risk management operations........ 497,405 25,000 25,000 522,405
SR community and regulatory support...... 4,749 6,500 6,500 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 #10, 500 500
11, 12..............................
19-D-701 SR Security sytem 0
replacement.........................
18-D-402 Saltstone Disposal Unit #8/9 51,750 51,750
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 31,500 31,500 1,494,632
Waste Isolation Pilot Plant
[[Page H9948]]
Waste Isolation Pilot Plant.............. 299,088 299,088
Construction:
15-D-411 Safety significant confinement 58,054 58,054
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......... 5,506,501 109,500 21,231 5,527,732
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 -3,000 -2,500 54,711
Non-defense function realignment....... [-3,000] [-2,500]
Total, Independent enterprise assessments.. 81,279 -3,000 -2,500 78,779
Specialized security activities............ 254,578 254,578
Office of Legacy Management
Legacy management........................ 283,767 -141,000 142,767
Program decrease....................... [-141,000]
Program direction........................ 19,262 19,262
Total, Office of Legacy Management......... 303,029 -141,000 162,029
Defense related administrative support
Chief financial officer.................. 54,538 54,538
Chief information officer................ 124,554 -6,000 118,554
Program decrease....................... [-6,000]
Total, Defense related administrative 179,092 -6,000 173,092
support...................................
Office of Hearings and Appeals............. 4,852 4,852
Subtotal, Other Defense Activities........... 1,035,339 -3,000 -149,500 885,839
Total, Other Defense Activities.............. 1,035,339 -3,000 -149,500 885,839
Defense Nuclear Waste Disposal
Yucca Mountain and interim storage......... 26,000 -26,000 -26,000 -26,000 0
Program cut.............................. 0 [-26,000] [-26,000] [-26,000]
Total, Defense Nuclear Waste Disposal........ 26,000 -26,000 -26,000 -26,000 0
----------------------------------------------------------------------------------------------------------------
[[Page H9949]]
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019,
AND 2020
Intelligence authorizations for fiscal years 2018, 2019, and
2020 (secs. 5001-6747)
The Senate bill contained Division F that included the
Intelligence Authorization Act for Fiscal Year 2020 and
Division G that included the Intelligence Authorization Act
for fiscal years 2018 and 2019.
The House amendment contained no similar provisions.
The House recedes with an amendment that would make various
modifications to such provisions.
DIVISION F--OTHER MATTERS
Title LXXI--Sanctions With Respect to North Korea
Sanctions with respect to North Korea and Financial Industry
Guidance to Halt Trafficking Act (secs. 7101-7155)
The Senate bill contained multiple provisions (sections
6901, 6911-6913, 6921-6925, 6931-6935, 6941-6946, 6951-6954,
6961-6966) that would strengthen United States sanctions on
North Korea, impose oversight measures concerning sanctions
on North Korea, and strengthen the Department of Treasury's
role in combating human trafficking, among other measures.
The House amendment contained multiple similar provisions
(sections 1099Z-1-1099Z-8).
The House recedes with an amendment that would provide for
significant enhancement of economic sanctions on North Korea
and foreign persons involved with North Korea, including new
secondary banking sanctions and broadening primary trade-
based sanctions provided for in the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122),
hereafter referred to as NKSPEA. In addition, it would
provide for increased congressional oversight in response to
North Korea's aggressive nuclear and ballistic missile
testing, sanctions evasion, and global compliance failures
weakening enforcement of United Nations Security Council
(UNSC) resolutions. The amendment would also provide for
significant guidance to the financial industry on
strengthening measures to combat human trafficking.
More specifically, the amendment would impose such
``secondary banking sanctions'' as asset blocking and
restrictions on correspondent accounts, and any other penalty
authorized by the International Emergency Economic Powers Act
(Public Law 95-223), hereafter referred to as IEEPA, against
foreign financial institutions that provide financial
services to certain sanctioned persons. Furthermore, the
amendment would prohibit transactions with the same types of
certain sanctioned persons by persons owned or controlled by
U.S. financial institutions, and provides for civil IEEPA
penalty authority against both the person owned or controlled
and as appropriate its parent U.S. financial institution.
The amendment would also expand on the list of designation
requirements for mandatory sanctions provided in NKSPEA, by
adding as mandatory: any person that engages in the import or
export, including of related services or technology, of coal,
textiles, seafood, iron, or iron ore; and in crude oil or
refined petroleum products above UNSC-set limits. The
amendment would also require the imposition of sanctions with
respect to any person who engages in, or otherwise
facilitates: a transfer of North Korean government funds or
property, contributing to a material violation of a UNSC
resolution; the exportation of workers from North Korea; the
sale or transfer of vessels to North Korea, or their
registration, chartering or insurance; bribery of a North
Korean official; or the significant misappropriation of
public funds.
The amendment would also provide for enhanced guidance to
the financial industry to combat human trafficking by:
elevating human trafficking as an enumerated function of the
U.S. Treasury Office of Terrorism and Financial Intelligence
and requiring increased coordination and reporting related to
human trafficking; strengthening the role that anti-money
laundering and other tools play in combating human
trafficking by requiring the U.S. Inter-Agency Task Force to
Monitor and Combat Trafficking to provide certain policy
recommendations to federal regulators and to Congress; and
underscoring the sense of Congress that adequate funding be
provided for public outreach and critical federal efforts to
combat human trafficking at home and abroad.
Title LXXII--Sanctions With Respect to Foreign Traffickers of Illicit
Synthetic Opioids
Sanctions with respect to foreign traffickers of illicit
synthetic opioids (secs. 7201-7235)
The Senate bill contained a provision (sec. 6801-6837) that
would strengthen United States sanctions against foreign
synthetic opioid traffickers, financial institutions, and
others that assist such entities. It would also establish a
Commission on Combating Synthetic Opioid Trafficking to
report on how to combat more effectively the flow of
synthetic opioids from China, Mexico, and elsewhere, among
other measures.
The House amendment contained a similar provision (sec.
1701-1736).
The House recedes with a clarifying amendment.
Title LXXIII--PFAS
Definition of Administrator (sec. 7302)
The Senate bill contained a provision (sec. 6701) that
would define the term ``Administrator'' for this title.
The House amendment contained no similar provision.
The House recedes.
Drinking Water (secs. 7311-7312)
The Senate bill contained a series of provisions (sec.
6721-6724) that would require the Administrator of the
Environmental Protection agency to promulgate a national
primary drinking water regulation for, require monitoring of,
and establish drinking water state revolving funds for
perfluoroalkyl and polyfluoroalkyl substances.
The House amendment contained no similar provision.
The House recedes with an amendment that would eliminate
the requirement to establish a national primary drinking
water standard and the accompanying enforcement provision and
makes various other technical modifications.
PFAS Release Disclosure (secs. 7321)
The Senate bill contained a provision (sec. 6711) that
would include Perfluorooctanoic acid, Perfluorooctane
sulfonic acid and their associated salts in the toxics
release inventory.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
USGS Performance Standard (secs. 7331-7335)
The Senate bill contained provisions (sec. 6731-6736) that
would direct the director of the United States Geological
Survey to establish a performance standard for the detection
of highly fluorinated compounds, to conduct nationwide
sampling, and to use the data to inform and enhance
assessments of exposure.
The House amendment contained a similar provision (sec.
330G)
The House recedes with multiple technical amendments.
Emerging Contaminants (secs. 7341-7342)
The Senate bill contained provisions (sec. 6741-6742) that
would require the Administrator of the Environmental
Protection Agency to review the Federal efforts of research,
development, and response to emerging contaminants.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Toxic Substances Control Act and Other Matters (secs. 7351-
7362)
The Senate bill contained provisions (sec. 6751-6754) that
would direct the Administrator of the Environmental
Protection Agency to take final action on the proposed rule
entitled ``Long-Chain Perfluoroalkyl Carboxylate and
Perfluoroalkyl Sulfonate Chemical Substances; Significant New
Use Rule,'' to publish interim disposal guidance, to conduct
research and development efforts focused on perfluoroalkyl
and polyfluoroalkyl substances.
The House amendment contained no similar provisions.
The House recedes with multiple technical amendments.
Title LXXIV--Caesar Syria Civilian Protection Act of 2019
Caesar Syria Civilian Protection Act of 2019 (secs. 7401-
7438)
The conference agreement includes a provision known as the
Caesar Syria Civilian Protection Act of 2019 that would
sanction foreign persons who knowingly provide significant
financial, material, or technological support to, or
knowingly engage in a significant transaction with the
Government of Syria, or military contractors, mercenaries, or
paramilitary forces that knowingly operate in a military
capacity inside Syria for or on behalf of the Government
of Syria, the Government of the Russian Federation, or the
Government of Iran. The provision would also require the
Secretary of the Treasury to determine whether reasonable
grounds exist for concluding that the Central Bank of
Syria is a financial institution of primary money
laundering concern and, if so, impose relevant sanctions
on the Central Bank of Syria. The provision would also
authorize the Secretary of State to provide support to
entities conducting criminal investigations, supporting
prosecutions, or collecting evidence against those who
have committed war crimes or crimes against humanity in
Syria. Lastly, the provision would require the President
to produce various strategies, assessments, and briefings
related to the provision of humanitarian assistance and
the protection of civilians.
Title LXXV--Protecting Europe's Energy Security
Protecting Europe's Energy Security (secs. 7501-7503)
The conference agreement includes a provision that would
express the sense of Congress concerning United States
relations with the European Union and Germany and impose
sanctions with respect to provision of certain vessels for
the construction of the Nord Stream 2 and TurkStream pipeline
projects.
Title LXXVI--Other Matters
Subtitle A--Federal Employee Paid Leave Act
Federal Employee Paid Leave Act (secs. 7601-7606)
The House amendment contained several provisions (sec. 1121
through 1126) that would provide 12 weeks of paid leave to
the Federal
[[Page H9950]]
workforce for reasons covered by the Family and Medical Leave
Act of 1993 (Public Law 115-232).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide 12
weeks of paid leave to Federal employees in connection with
the birth or placement of a child to an eligible employee.
Subtitle B--Other Matters
Liberian refugee immigration fairness (sec. 7611)
The Senate bill contained a provision (sec. 6013) that
would require, not later than December 31, 2019, the
Secretary of Defense, in consultation with the Secretary of
State, to submit a report on the impact of Liberian nationals
on the national security, foreign policy, and economic, and
humanitarian interests of the United States, and a
justification for adjustment of status of qualifying
Liberians to that of lawful permanent residents.
The House amendment contained no similar provision.
The House recedes with an amendment that would provide for
the adjustment of the status of certain nationals of Liberia
to that of lawful permanent residents.
Pensacola Dam and Reservoir, Grand River, Oklahoma (sec.
7612)
The Senate bill contained a provision (sec. 6021) that
would clarify the respective jurisdictions of the Army Corps
of Engineers and the Federal Energy Regulatory Commission
(FERC) at the Grand Lake O' the Cherokees, Oklahoma.
The House bill contained no similar provision.
The House recedes with technical amendments and an
amendment that would require the Army Corps of Engineers to
conduct a study of the resiliency of upstream infrastructure
and lands.
Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations (sec. 7613)
The Senate bill contained a provision (sec. 6015) that
would amend section 5323 of title 49, United States Code, to
prevent the use of Federal transit dollars to procure rolling
stock from certain manufacturers and an associated annual
process for certifying compliance, with an exception for
preexisting contracts for rail rolling stock. This provision
also would require that any transit service operator of rail
rolling stock develop and execute a cybersecurity risk
reduction plan in accordance with certain standards and would
include arrangements for third-party testing of certain
components.
The House amendment contained a similar provision (sec.
896) that would apply overall, only to rail rolling stock.
The House recedes with amendments that would add exceptions
to implementation including a grace period of two years from
enactment, for certain rolling stock, and other technical
amendments.
LEGISLATIVE PROVISIONS NOT ADOPTED
PFAS designation, effluent limitations, and pretreatment
standards
The House amendment contained a provision (sec. 330A) that
would require the Administrator of the Environmental
protection agency to include per- and polyfluoroalkyl
substances to the toxic pollutant list in the Federal Water
Pollution Control Act.
The Senate bill contained no similar provision.
The House recedes.
Designation as hazardous substances
The House amendment contained a provision (sec. 330O) that
would require the Administrator of the Environmental
Protection Agency to designate all per- and polyfluoroalkyl
substances as hazardous substances under section 102(a) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9602(a)).
The Senate bill contained no similar provision.
The House recedes.
Utilizing significant emissions with innovative technologies
The Senate bill contained a provision (sec. 6001) that
would require the Administrator of the Environmental
Protection Agency to conduct direct air capture research.
The House amendment contained no similar provision.
The Senate recedes.
And the House agree to the same.
From the Committee on Armed Services, for consideration of
the Senate bill and the House amendment, and modifications
committed to conference:
Adam Smith,
Susan A. Davis,
James R. Langevin,
Rick Larsen,
Jim Cooper,
Joe Courtney,
John Garamendi,
Jackie Speier,
Donald Norcross,
Ruben Gallego,
Seth Moulton,
Salud O. Carbajal,
Anthony G. Brown,
Ro Khanna,
Filemon Vela,
Andy Kim,
Kendra S. Horn,
Gilbert Ray Cisneros, Jr.,
Mac Thornberry,
Joe Wilson,
Michael R. Turner,
Mike Rogers,
K. Michael Conaway,
Doug Lamborn,
Robert J. Wittman,
Elise M. Stefanik,
Trent Kelly,
Don Bacon,
Jim Banks,
Liz Cheney,
From the Permanent Select Committee on Intelligence, for
consideration of matters within the jurisdiction of that
committee under clause 11 of rule X:
Adam B. Schiff,
Terri A. Sewell,
Devin Nunes,
From the Committee on the Budget, for consideration of secs.
4 and 10608 of the Senate bill, and secs. 1006 and 1112 of
the House amendment, and modifications committed to
conference:
John A. Yarmuth,
Scott H. Peters,
Bill Johnson,
From the Committee on Education and Labor, for consideration
of secs. 571, 572, and 5501 of the Senate bill, and secs.
211, 576, 580, 1099N, 1117, 3120, and 3503 of the House
amendment, and modifications committed to conference:
Robert C. ``Bobby'' Scott,
Lori Trahan,
From the Committee on Energy and Commerce, for consideration
of secs. 214, 315, 318, 703, 3112, 3113, 3201-03, 5318, 6001,
6006, 6021, 6701, 6711, 6721-24, 6741, 6742, 6751-54, 8101,
8202, 10421, 10422, and 10742 of the Senate bill, and secs.
315, 330F, 330H, 330O, 606, 737, 3111, 3112, 3127, 3128,
3201, and 3202 of the House amendment, and modifications
committed to conference:
Fred Upton,
From the Committee on Financial Services, for consideration
of secs. 6017, 6018, 6804, 6811, 6813-16, 6834, 6835, and
title LXIX of the Senate bill, and secs. 550K, 560G, subtitle
I of title X, secs. 1240B, 1292, 1704, 1711, 1713-16, 1733,
and 2843 of the House amendment, and modifications committed
to conference:
Brad Sherman,
Andy Barr,
From the Committee on Foreign Affairs, for consideration of
secs. 834, 1011, 1043, 1202, 1203, 1205, 1206, 1211, 1212,
1215, 1221-24, 1231-36, 1238, 1252, 1281-84, title XIII,
secs. 1671, 1681, 2822, 6203-06, 6210, 6213, 6215, 6231,
6236, title LXVIII, secs. 6921, 6922, 6931, 6941, 6943, 6954,
part I of subtitle B of title LXXXV, secs. 8562, and 10701 of
the Senate bill, and secs. 634, 1036, 1046, 1050, 1099X,
1201, 1202, 1204, 1207, 1210, 1213, 1215, 1218, 1221-25,
1229, 1231-34, 1240A, 1241, 1250D, 1251, 1255, 1258, 1260A,
1260B, 1265, 1266, 1269, 1270, 1270G, 1270H, 1270I, 1270N,
1270R, 1270S, 1270T, 1270W, subtitle I of title XII, subtitle
J of title XII, title XIII, secs. 1521, 1669, and title XVII
of the House amendment, and modifications committed to
conference:
Michael T. McCaul,
From the Committee on Homeland Security, for consideration of
secs. 6006, 6012, and 8543 of the Senate bill, and
modifications committed to conference:
Max Rose,
Lauren Underwood,
Mark Walker,
From the Committee on the Judiciary, for consideration of
secs. 1025, 1031, 1044, 1682, 6004, 6206, 6804, 6811, 6813-
16, 6835, 6921, and 6944 of the Senate bill, and secs. 530F,
530G, 550D, 550F, 550J, 570H, 729, 827, 1011, 1048, 1049,
1050C, 1093, 1099C, 1099K, 1099V, 1099Z-3, 1212, 1296A, 1704,
1711, 1713-16, and 1733 of the House amendment and
modifications committed to conference:
Zoe Lofgren,
From the Committee on Natural Resources, for consideration of
secs. 314, 2812, 2814, 6001, 6020, subtitle C of title LXVII,
sec. 8524, part I of subtitle B of title LXXXV, secs. 8554,
and 8571 of the Senate bill, and secs. 330G, 1094, 1099D,
1099F, 1099U, 2851, subtitle F of title XXVIII, secs. 2876,
and 2880 of the House amendment, and modifications committed
to conference:
Debra A. Haaland,
Rob Bishop,
From the Committee on Oversight and Reform, for consideration
of secs. 218, 530, 559, 579, 1081, 1082, title XI, secs.
5802, 6012, subtitle B of title LXV, secs. 9304, 9307, 9311,
9313, 9314, 10303, 10432, 10434, 10601, 10603-05, 10612,
10741, and 10742 of the Senate bill, and secs. 212, 239,
5500, 629, 633, 804, 829, 842, 861, 872, 877, 883, 884, 891,
895, 899E, 899H, 899I, 1064, 1085, 1099B, title XI, secs.
1704, 1711, 1713-16, and 3127 of the House amendment, and
modifications committed to conference:
Stephen F. Lynch,
Gerald E. Connolly,
Mark E. Green,
From the Committee on Science, Space, and Technology, for
consideration of secs. 216, 219, 1612, 6001, 6006, 6008,
6009, 6742, 6754, 8524, and 10742 of the Senate bill, and
secs. 214, 217, 882, and 1089 of the House amendment, and
modifications committed to conference:
Eddie Bernice Johnson,
Mikie Sherrill,
James R. Baird,
From the Committee on Small Business, for consideration of
sec. 841 of the Senate bill, and secs. 872-76, 878, 879, 881,
882, and 886-89 of the House amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jared F. Golden,
Steve Chabot,
From the Committee on Transportation and Infrastructure, for
consideration of secs. 353,
[[Page H9951]]
1612, 1682, 2805, title XXXV, secs. 6001, 6006, 6012, 6015,
6019, 6021, 6754, 8500, 8511, 8517, 8519, 8520, 8522, 8523,
8525, 8532, 8543, 8545, 8546, and 8571 of the Senate bill,
and secs. 311, 313, 330A, 330O, 351, 354, 555, 569, 580C,
606, 896, 2808, 3501, and 3504 of the House amendment, and
modifications committed to conference:
John Katko,
From the Committee on Veterans' Affairs, for consideration of
secs. 568, 721, 726, 727, 1083, 1431, 2812, 2813, 5702, and
6007 of the Senate bill, and secs. 530, 530A, 545, 546, 550E,
550G, 550H, 550I, 550J, 569, 570E, 570F, 574, 624, 705, 706,
713, 715, 1093, 1126, and 1411 of the House amendment, and
modifications committed to conference:
Mark Takano,
Julia Brownley,
Steve Watkins,
Managers on the Part of the House.
James M. Inhofe,
Roger F. Wicker,
Deb Fischer,
Tom Cotton,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
David Perdue,
Kevin Cramer,
Martha McSally,
Rick Scott,
Marsha Blackburn,
Josh Hawley,
Jack Reed,
Jeanne Shaheen,
Richard Blumenthal,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Gary C. Peters,
Tammy Duckworth,
Doug Jones,
Managers on the Part of the Senate.