[116th Congress Public Law 92]
[From the U.S. Government Publishing Office]
[[Page 1197]]
NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2020
[[Page 133 STAT. 1198]]
Public Law 116-92
116th Congress
An Act
To authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes. <<NOTE: Dec. 20,
2019 - [S. 1790]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Defense
Authorization Act for Fiscal Year 2020.>>
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.
[[Page 133 STAT. 1199]]
Sec. 126. Modification of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 127. LHA Replacement Amphibious Assault Ship Program.
Sec. 128. Strategic sealift fleet vessel.
Sec. 129. Design and construction of amphibious transport dock
designated LPD-31.
Sec. 130. Limitation on availability of funds for the Littoral Combat
Ship.
Sec. 131. Limitation on the next new class of Navy large surface
combatants.
Sec. 132. Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter program.
Sec. 133. Limitation on availability of funds for VH-92A helicopter.
Sec. 134. Report on carrier wing and aviation combat element
composition.
Subtitle D--Air Force Programs
Sec. 141. Modification of requirement to preserve certain C-5 aircraft.
Sec. 142. OC-135B aircraft recapitalization program.
Sec. 143. Requirement to align Air Force aviation force structure with
National Defense Strategy.
Sec. 144. Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory.
Sec. 145. Limitation on availability of funds for F-15EX aircraft.
Sec. 146. Limitation on availability of funds for VC-25B aircraft.
Sec. 147. Limitation on availability of funds for RC-26B aircraft.
Sec. 148. Limitation on availability of funds for retirement of RC-135
aircraft.
Sec. 149. Air Force aggressor squadron modernization.
Sec. 150. Air Force plan for Combat Rescue Helicopter fielding.
Sec. 151. Report on feasibility of multiyear contract for procurement of
JASSM-ER missiles.
Sec. 152. Report on aircraft fleet of the Civil Air Patrol.
Sec. 153. Sense of Congress on the light attack aircraft initiative of
the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program.
Sec. 162. Relief from contractors for failure to deliver ready-for-issue
spare parts for the F-35 aircraft program.
Sec. 163. Limitation on availability of funds for reallocation of
Turkish F-35A aircraft to the United States.
Sec. 164. Requirement to establish the use of an Agile DevOps software
development solution as an alternative for Joint Strike
Fighter Autonomic Logistics Information System.
Sec. 165. F-35 sustainment cost.
Sec. 166. Reports on the progress and performance of the F-35 aircraft
program.
Sec. 167. Other reports on the F-35 aircraft program.
Sec. 168. Limitation on availability of funds for communications systems
lacking certain resiliency features.
Sec. 169. Repeal of tactical unmanned vehicle common data link
requirement.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Program on enhancement of preparation of dependents of members
of Armed Forces for careers in science, technology,
engineering, and mathematics.
Sec. 212. Updates to the Department of Defense personnel management
authority to attract experts in science and engineering.
Sec. 213. Establishment of joint reserve detachment of the Defense
Innovation Unit.
Sec. 214. Research and educational programs and activities for
Historically Black Colleges and Universities and Minority-
Serving Institutions of Higher Education.
Sec. 215. Modification of authority for prizes for advanced technology
achievements.
Sec. 216. Joint hypersonics transition office.
Sec. 217. Modification of proof of concept commercialization program.
Sec. 218. Modification of authority and addition of technology areas for
expedited access to technical talent.
Sec. 219. Expansion of coordination in support of national security
innovation and entrepreneurial education.
[[Page 133 STAT. 1200]]
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.
[[Page 133 STAT. 1201]]
Sec. 315. Department of Defense improvement of previously conveyed
utility systems serving military installations.
Sec. 316. Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard.
Sec. 317. Use of operational energy cost savings of Department of
Defense.
Sec. 318. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 319. Energy resilience programs and activities.
Sec. 320. Technical and grammatical corrections and repeal of obsolete
provisions relating to energy.
Sec. 321. Transfer authority for funding of study and assessment on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water by Agency for Toxic
Substances and Disease Registry.
Sec. 322. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations.
Sec. 324. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 325. Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate.
Sec. 326. Development of extreme weather vulnerability and risk
assessment tool.
Sec. 327. Removal of barriers that discourage investments to increase
military installation resilience.
Sec. 328. Budgeting of Department of Defense relating to extreme
weather.
Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food Packaging.
Sec. 330. Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam.
Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl
and polyfluoroalkyl substances and other contaminants of
concern.
Sec. 332. Cooperative agreements with States to address contamination by
perfluoroalkyl and polyfluoroalkyl substances.
Sec. 333. Plan to phase out use of burn pits.
Sec. 334. Information relating to locations of burn pit use.
Sec. 335. Data quality review of radium testing conducted at certain
locations of the Department of the Navy.
Sec. 336. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 337. Pilot program for availability of working-capital funds for
increased combat capability through energy optimization.
Sec. 338. Report on efforts to reduce high energy intensity at military
installations.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid
(PFOA) and perfluorooctane sulfonate (PFOS) for agricultural
purposes.
Sec. 344. Acquisition of real property by Air Force.
Sec. 345. Remediation plan.
Subtitle D--Logistics and Sustainment
Sec. 351. Materiel readiness metrics and objectives.
Sec. 352. Clarification of authority regarding use of working-capital
funds for unspecified minor military construction projects
related to revitalization and recapitalization of defense
industrial base facilities.
Sec. 353. Modification to limitation on length of overseas forward
deployment of naval vessels.
Sec. 354. Extension of temporary installation reutilization authority
for arsenals, depots, and plants.
Sec. 355. F-35 Joint Strike Fighter sustainment.
Sec. 356. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 357. Pilot program to train skilled technicians in critical
shipbuilding skills.
Sec. 358. Requirement for military department inter-service depot
maintenance.
Sec. 359. Strategy to improve infrastructure of certain depots of the
Department of Defense.
Subtitle E--Reports
Sec. 361. Readiness reporting.
Sec. 362. Technical correction to deadline for transition to Defense
Readiness Reporting System Strategic.
[[Page 133 STAT. 1202]]
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.
[[Page 133 STAT. 1203]]
Sec. 512. Inclusion of STEM in courses of instruction for the Junior
Reserve Officers' Training Corps.
Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers'
Training Corps units.
Sec. 514. Clarification of eligibility to serve as Commander, Marine
Forces Reserve.
Sec. 515. Extension and periodic evaluation of suicide prevention and
resilience program for the reserve components.
Sec. 516. Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve components.
Sec. 517. Modernization of inspection authorities applicable to the
National Guard.
Sec. 518. Consultation with Chief of the National Guard Bureau in the
appointment or designation of National Guard property and
fiscal officers.
Sec. 519. Coast Guard Junior Reserve Officers' Training Corps.
Sec. 520. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of associated
active duty units.
Sec. 520A. Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters.
Sec. 520B. Report and briefing on the Senior Reserve Officers' Training
Corps.
Sec. 520C. Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Advice and counsel of trauma experts in review by boards for
correction of military records and discharge review boards of
certain claims.
Sec. 522. Reduction in required number of members of discharge review
boards.
Sec. 523. Establishment of process to review a request for upgrade of
discharge or dismissal.
Sec. 524. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 525. Training of members of boards for correction of military
records and discharge review boards on sexual trauma,
intimate partner violence, spousal abuse, and related
matters.
Sec. 526. Time requirements for certification of honorable service.
Sec. 527. Correction of certain discharge characterizations.
Sec. 528. Development of guidelines for use of unofficial sources of
information to determine eligibility of members and former
members of the Armed Forces for decorations when the service
records are incomplete because of damage to the official
record.
Sec. 529. Strategic plan for diversity and inclusion.
Sec. 530. Study regarding screening individuals who seek to enlist in
the Armed Forces.
Sec. 530A. Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-citizens.
Sec. 530B. Sense of Congress regarding accession physicals.
Subtitle D--Military Justice
Sec. 531. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of efficiency
in military justice.
Sec. 532. Command influence.
Sec. 533. Statute of limitations for certain offenses.
Sec. 534. Public access to dockets, filings, and court records of
courts-martial or other records of trial of the military
justice system.
Sec. 535. Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 536. Authority for return of personal property to victims of sexual
assault who file a Restricted Report before conclusion of
related proceedings.
Sec. 537. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 538. Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of sexual
assault.
Sec. 539. Increase in number of digital forensic examiners for certain
military criminal investigative organizations.
Sec. 540. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 540A. Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault and
collateral offenses.
Sec. 540B. Training for commanders in the Armed Forces on their role in
all stages of military justice in connection with sexual
assault.
Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540D. Department of Defense-wide policy and military department-
specific programs on reinvigoration of the prevention of
sexual assault involving members of the Armed Forces.
[[Page 133 STAT. 1204]]
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.
[[Page 133 STAT. 1205]]
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.
[[Page 133 STAT. 1206]]
Sec. 580G. Second expansion of the My Career Advancement Account program
for military spouses.
Sec. 580H. Report on training and support available to military spouses.
Sec. 580I. Ri'katak Guest Student Program at United States Army
Garrison-Kwajalein Atoll.
Subtitle I--Decorations and Awards
Sec. 581. Modification of authorities on eligibility for and replacement
of gold star lapel buttons.
Sec. 582. Standardization of honorable service requirement for award of
military decorations.
Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy
for acts of valor in Vietnam.
Sec. 584. Review of World War I valor medals.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys.
Sec. 592. Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in military adaptive
sports programs.
Sec. 593. Questions in surveys regarding extremist activity in the
workplace.
Sec. 594. Study on best practices for providing financial literacy
education for separating members of the Armed Forces.
Sec. 595. Report on oversight of authorized strengths of certain grades
of commissioned regular and reserve officers of the Armed
Forces.
Sec. 596. Report on certain waivers.
Sec. 597. Notifications on manning of afloat naval forces.
Sec. 598. Report regarding use of aerial systems of the Department of
Defense to support agencies of States, Territories, and the
Federal Government.
Sec. 599. Information for members of the Armed Forces on availability of
services of the Department of Veterans Affairs relating to
sexual trauma.
Sec. 599A. Authority to issue an honorary promotion to Colonel Charles
E. McGee, United States Air Force (ret.), to the grade of
brigadier general.
Sec. 599B. Authority to issue an honorary and posthumous promotion to
Lieutenant Colonel Richard Cole, United States Air Force
(ret.), to the grade of colonel.
Sec. 599C. Sense of Congress on the honorable and distinguished service
of General Joseph F. Dunford, United States Marine Corps, to
the United States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization
and rehabilitation resulting from wounds, injury, or illness
incurred while on duty in a hostile fire area or exposed to
an event of hostile fire or other hostile action.
Sec. 602. Continued entitlements while a member of the Armed Forces
participates in a career intermission program.
Sec. 603. Exemption from repayment of voluntary separation pay.
Sec. 604. Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service.
Sec. 605. Temporary adjustment of rates of basic allowance for housing
following determination that local civilian housing costs
significantly differ from such rates.
Sec. 606. Reinvestment of travel refunds by the Department of Defense.
Sec. 607. Addition of partial dislocation allowance to allowable travel
and transportation expenses for servicemembers.
Sec. 608. Reductions on account of earnings from work performed while
entitled to an annuity supplement.
Sec. 609. Increase in basic pay.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of eligibility for exceptional transitional
compensation for dependents to dependents of current members.
Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor
annuities by amount of dependency and indemnity compensation.
Sec. 623. Death gratuity for ROTC graduates.
Sec. 624. Expansion of authority to provide financial assistance to
civilian providers of child care services or youth program
services who provide such services to survivors of members of
the Armed Forces who die in combat in the line of duty.
[[Page 133 STAT. 1207]]
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.
[[Page 133 STAT. 1208]]
Subtitle C--Reports and Other Matters
Sec. 731. Authorization of claims by members of the uniformed services
against the United States for personal injury or death caused
by medical malpractice.
Sec. 732. Extension and clarification of authority for Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine.
Sec. 734. Establishment of Academic Health System in National Capital
Region.
Sec. 735. Provision of veterinary services by veterinary professionals
of the Department of Defense in emergencies.
Sec. 736. Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund.
Sec. 737. Preservation of resources of the Army Medical Research and
Materiel Command and continuation as Center of Excellence.
Sec. 738. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 739. National Guard suicide prevention pilot program.
Sec. 740. Pilot Program on civilian and military partnerships to enhance
interoperability and medical surge capability and capacity of
National Disaster Medical System.
Sec. 741. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 742. Modification of requirements for longitudinal medical study on
blast pressure exposure of members of the Armed Forces and
collection of exposure information.
Sec. 743. Study and plan on the use of military-civilian integrated
health delivery systems.
Sec. 744. Study on case management in the military health system.
Sec. 745. Report on Global Health Security Strategy and the National
Biodefense Security.
Sec. 746. Study on establishment of wounded warrior service dog program.
Sec. 747. GAO report on Department of Defense quality assurance program
and impacts of medical malpractice actions.
Sec. 748. Reports on Millennium Cohort Study relating to women members
of the Armed Forces.
Sec. 749. Study on effects of sleep deprivation on readiness of members
of the Armed Forces.
Sec. 750. Study and report on traumatic brain injury mitigation efforts.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 800. Authority for continuous integration and delivery of software
applications and upgrades to embedded systems.
Sec. 801. Pilot program on intellectual property evaluation for
acquisition programs.
Sec. 802. Pilot program to use alpha contracting teams for complex
requirements.
Sec. 803. Failure to provide other than certified cost or pricing data
upon request.
Sec. 804. Comptroller General report on price reasonableness.
Sec. 805. Limitation on transfer of funds related to cost overruns and
cost underruns.
Sec. 806. Standardizing data collection and reporting on use of source
selection procedures by Federal agencies.
Sec. 807. Department of Defense use of fixed-price contracts.
Sec. 808. Repeal of continuation of data rights during challenges.
Sec. 809. Repeal of authority to waive acquisition laws to acquire vital
national security capabilities.
Sec. 810. Repeal of the Defense Cost Accounting Standards Board.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 815. Modification of Director of Operational Test and Evaluation
report.
Sec. 816. Modification of written approval requirement for task and
delivery order single contract awards.
Sec. 817. Responsibility for data analysis and requirements validation
for services contracts.
Sec. 818. Documentation of market research related to commercial item
determinations.
[[Page 133 STAT. 1209]]
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.
[[Page 133 STAT. 1210]]
Sec. 865. Use of qualified apprentices by military construction
contractors.
Subtitle G--Small Business Matters
Sec. 870. Requirements relating to credit for certain small business
concern subcontractors.
Sec. 871. Inclusion of best in class designations in annual report on
small business goals.
Sec. 872. Reauthorization and improvement of Department of Defense
Mentor-Protege Program.
Sec. 873. Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act.
Sec. 874. Postaward explanations for unsuccessful offerors for certain
contracts.
Sec. 875. Small business contracting credit for subcontractors that are
Puerto Rico businesses or covered territory businesses.
Sec. 876. Technical amendment regarding treatment of certain surviving
spouses under the definition of small business concern owned
and controlled by service-disabled veterans.
Sec. 877. Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond periods
of military conflict.
Sec. 878. Modification to the Defense Research and Development Rapid
Innovation Program.
Sec. 879. Alignment of the Department of Defense Small Business
Innovation Research Program and Small Business Technology
Transfer Program with the National Defense Science and
Technology Strategy.
Sec. 880. Assistance for small business concerns participating in the
SBIR and STTR programs.
Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs.
Sec. 882. Funding for defense research activities of small business
concerns.
Sec. 883. Modifications to budget display requirements for the
Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program.
Sec. 884. Pilot program for domestic investment under the SBIR program.
Subtitle H--Other Matters
Sec. 885. Review of guidance to contractors on nondiscrimination on the
basis of sex.
Sec. 886. Comptroller General report on contractor violations of certain
labor laws.
Sec. 887. Comptroller General report on contingency contracting.
Sec. 888. Policies and procedures for contractors to report gross
violations of internationally recognized human rights.
Sec. 889. Comptroller General report on oversight of contractors
providing private security functions.
Sec. 890. Prohibition on contracting with persons that have business
operations with the Maduro regime.
Sec. 891. Report on the Combating Trafficking in Persons initiative.
Sec. 892. Improved management of information technology and cyberspace
investments.
Sec. 893. Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Headquarters activities of the Department of Defense matters.
Sec. 902. Clarifying the roles and responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and the
Under Secretary of Defense for Research and Engineering.
Sec. 903. Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and related
matters.
Sec. 904. Assessments of responsibilities and authorities of the Chief
Management Officer of the Department of Defense.
Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal
Cyber Advisor.
Sec. 906. Exclusion from limitations on personnel in the Office of the
Secretary of Defense and Department of Defense headquarters
of fellows appointed under the John S. McCain Defense Fellows
Program.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
[[Page 133 STAT. 1211]]
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.
[[Page 133 STAT. 1212]]
Sec. 1039. Report on expanding naval vessel maintenance.
Subtitle D--Counterterrorism
Sec. 1041. Modification of support of special operations to combat
terrorism.
Sec. 1042. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1044. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1045. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1046. Chief Medical Officer at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1047. Independent assessment on gender and countering violent
extremism.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments.
Sec. 1052. Explosive ordnance defense disposal program.
Sec. 1053. Technical correction and extension of reporting requirement
regarding enhancement of information sharing and coordination
of military training between Department of Homeland Security
and Department of Defense.
Sec. 1054. Notification on the provision of defense sensitive support.
Sec. 1055. Revision to authorities relating to mail service for members
of the Armed Forces and Department of Defense civilians
overseas.
Sec. 1056. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1057. Expenditure of funds for Department of Defense intelligence
and counterintelligence activities.
Sec. 1058. Limitation on use of funds for the inactivation of Army
watercraft units.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Report on the probationary period for Department of Defense
employees.
Sec. 1103. Civilian personnel management.
Sec. 1104. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Performance of civilian functions by military personnel.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
Sec. 1108. Authority to provide additional allowances and benefits for
certain Defense Clandestine Service employees.
Sec. 1109. Modification of direct hire authorities for the Department of
Defense.
Sec. 1110. Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act.
Sec. 1111. Continuing supplemental dental and vision benefits and long-
term care insurance coverage during a Government shutdown.
Sec. 1112. Limitation on transfer of Office of Personnel Management.
Sec. 1113. Assessment of Accelerated Promotion Program suspension.
Sec. 1114. Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and relocation.
Sec. 1115. Clarification of limitation on expedited hiring authority for
post-secondary students.
Sec. 1116. Modification of temporary assignments of Department of
Defense employees to a private-sector organization.
Sec. 1117. Extension of authority for part-time reemployment.
Subtitle B--Fair Chance Act
Sec. 1121. Short title.
[[Page 133 STAT. 1213]]
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.
[[Page 133 STAT. 1214]]
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.
[[Page 133 STAT. 1215]]
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.
[[Page 133 STAT. 1216]]
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.
[[Page 133 STAT. 1217]]
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.
[[Page 133 STAT. 1218]]
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.
[[Page 133 STAT. 1219]]
Sec. 1716. Independent review of transportation working-capital fund.
Sec. 1717. Geographic command risk assessment of proposed use of certain
aircraft capabilities.
Sec. 1718. Report on backlog of personnel security clearance
adjudications.
Sec. 1719. Report regarding outstanding Government Accountability Office
recommendations.
Sec. 1720. Report on National Guard and United States Northern Command
capacity to meet homeland defense and security incidents.
Sec. 1721. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1722. Report on transfers of equipment to prohibited entities.
Sec. 1723. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities.
Sec. 1724. Review and assessment of mitigation of military helicopter
noise.
Subtitle B--Other Matters
Sec. 1731. Technical, conforming, and clerical amendments.
Sec. 1732. Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification.
Sec. 1733. Clarification of authority of Inspectors General for overseas
contingency operations.
Sec. 1734. Employment status of annuitants for Inspectors General for
overseas contingency operations.
Sec. 1735. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1736. Exemption from calculation of monthly income, for purposes of
bankruptcy laws, of certain payments from the Department of
Veterans Affairs and the Department of Defense.
Sec. 1737. Extension of postage stamp for breast cancer research.
Sec. 1738. National Commission on Military Aviation Safety.
Sec. 1739. Guarantee of residency for spouses of members of the
uniformed services.
Sec. 1740. Electromagnetic pulses and geomagnetic disturbances.
Sec. 1741. Improvements to Manufacturing USA Program.
Sec. 1742. Regional innovation program.
Sec. 1743. Aviation workforce development.
Sec. 1744. Oversight of Department of Defense execute orders.
Sec. 1745. Processes and procedures for notifications regarding special
operations forces.
Sec. 1746. Securing American science and technology.
Sec. 1747. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1748. Special Federal Aviation Regulation Working Group.
Sec. 1749. Prohibition on names related to the Confederacy.
Sec. 1750. Support for National Maritime Heritage Grants program.
Sec. 1751. Support for world language advancement and readiness.
Sec. 1752. Designation of Department of Defense strategic Arctic ports.
Sec. 1753. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force
structure .
Sec. 1754. Comprehensive Department of Defense policy on collective
self-defense.
Sec. 1755. Policy regarding the transition of data and applications to
the cloud.
Sec. 1756. Integrated public alert and warning system.
Sec. 1757. Improving quality of information in background investigation
request packages.
Sec. 1758. Parole in place for members of the Armed Forces and certain
military dependents.
Sec. 1759. Report on reducing the backlog in legally required historical
declassification obligations of the Department of Defense.
Sec. 1760. Military type certification for light attack experimentation
aircraft.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
[[Page 133 STAT. 1220]]
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.
[[Page 133 STAT. 1221]]
Sec. 2811. Prohibition on use of funds to close or return certain bases
to the host nation.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Improved energy security for main operating bases in Europe.
Sec. 2822. Access to Department of Defense installations for
credentialed transportation workers.
Sec. 2823. Improved recording and maintaining of Department of Defense
real property data.
Subtitle C--Land Conveyances
Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah.
Sec. 2832. Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery.
Sec. 2833. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California.
Sec. 2834. Transfer of administrative jurisdiction over certain parcels
of Federal land in Arlington, Virginia.
Subtitle D--Military Land Withdrawals
Sec. 2841. Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the Johnson Valley Off-
Highway Vehicle Recreation Area.
Subtitle E--White Sands National Park and White Sands Missile Range
Sec. 2851. White Sands Missile Range Land Enhancements.
Subtitle F--Other Matters
Sec. 2861. Installation and maintenance of fire extinguishers in
Department of Defense facilities.
Sec. 2862. Definition of community infrastructure for purposes of
military base reuse studies and community planning
assistance.
Sec. 2863. Temporary authority for acceptance and use of contributions
for certain design and construction projects mutually
beneficial to the Department of Defense and the Republic of
Korea.
Sec. 2864. Black start exercises at military installations.
Sec. 2865. Pilot program to extend service life of roads and runways
under the jurisdiction of the Secretary of Defense.
Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station, Modoc County,
California.
Sec. 2867. Designation of Sumpter Smith Joint National Guard Base.
Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation.
Sec. 2869. Lands to be taken into trust as part of the reservation of
the Lytton Rancheria.
Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana.
Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base.
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION
Subtitle A--Overseas Contingency Operations Military Construction
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorization of appropriations.
Subtitle B--Emergency Military Construction
Sec. 2911. Authorization of emergency Navy construction and land
acquisition projects.
Sec. 2912. Authorization of emergency Air Force construction and land
acquisition projects.
Sec. 2913. Authorization of emergency Army National Guard construction
and land acquisition projects.
Sec. 2914. Authorization of emergency Defense Agencies construction and
land acquisition projects.
Sec. 2915. Authorization of emergency supplemental appropriations for
military construction projects.
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
Sec. 3001. Definitions.
[[Page 133 STAT. 1222]]
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.
[[Page 133 STAT. 1223]]
Sec. 3057. Standardized documentation, templates, and forms for
privatized military housing.
Sec. 3058. Satisfaction survey for tenants of military housing.
Subtitle E--Other Housing Reform Matters
Sec. 3061. Radon testing of privatized military housing.
Sec. 3062. Mitigation of risks posed by certain items in military family
housing units.
Sec. 3063. Suspension of Resident Energy Conservation Program and
related programs for privatized military housing.
Sec. 3064. Department of the Army pilot program to build and monitor use
of single family homes.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Personnel matters at National Nuclear Security
Administration.
Sec. 3112. Estimation of costs of meeting defense environmental cleanup
milestones required by consent orders.
Sec. 3113. Office of Cost Estimating and Program Evaluation.
Sec. 3114. Clarification of certain Stockpile Responsiveness Program
objectives.
Sec. 3115. Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded priorities.
Sec. 3116. Modification to certain requirements relating to plutonium
pit production capacity.
Sec. 3117. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3118. Extension and modification of pilot program on unavailability
for overhead costs of amounts specified for laboratory-
directed research and development.
Sec. 3119. Modification to limitation on availability of funds for
acceleration of nuclear weapons dismantlement.
Sec. 3120. Implementation of common financial reporting system for
nuclear security enterprise.
Sec. 3121. Limitation relating to reclassification of high-level waste.
Sec. 3122. National Laboratory Jobs ACCESS Program.
Subtitle C--Reports and Other Matters
Sec. 3131. Civil penalties for violations of certain whistleblower
protections.
Sec. 3132. Repeal of assessments of adequacy of budget requests relating
to nuclear weapons stockpile.
Sec. 3133. Repeal of requirement for review relating to enhanced
procurement authority.
Sec. 3134. Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3135. Replacement of W78 warhead.
Sec. 3136. Independent review of capabilities for detection,
verification, and monitoring of nuclear weapons and fissile
material.
Sec. 3137. Assessment of high energy density physics.
Sec. 3138. Determination of effect of treaty obligations with respect to
producing tritium.
Sec. 3139. Technical corrections to National Nuclear Security
Administration Act and Atomic Energy Defense Act.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
[[Page 133 STAT. 1224]]
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.
[[Page 133 STAT. 1225]]
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.
[[Page 133 STAT. 1226]]
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.
[[Page 133 STAT. 1227]]
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.
[[Page 133 STAT. 1228]]
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.
[[Page 133 STAT. 1229]]
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.
[[Page 133 STAT. 1230]]
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.
[[Page 133 STAT. 1231]]
Sec. 7352. Significant new use rule for long-chain PFAS.
Subtitle F--Other Matters
Sec. 7361. PFAS destruction and disposal guidance.
Sec. 7362. PFAS research and development.
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 7401. Short title.
Sec. 7402. Statement of policy.
Subtitle A--Additional Actions in Connection With the National Emergency
With Respect to Syria
Sec. 7411. Measures with respect to Central Bank of Syria.
Sec. 7412. Sanctions with respect to foreign persons that engage in
certain transactions.
Sec. 7413. Strategy relating to areas of Syria in which civilians are
subject to forced displacement.
Subtitle B--Assistance for the People of Syria
Sec. 7421. Sense of Congress.
Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance
programs in Syria and to the Syrian people.
Sec. 7423. Assessment of potential methods to enhance the protection of
civilians.
Sec. 7424. Assistance to support entities taking actions relating to
gathering evidence for investigations into war crimes or
crimes against humanity in Syria since March 2011.
Sec. 7425. Codification of certain services in support of
nongovernmental organizations' activities authorized.
Sec. 7426. Briefing on strategy to facilitate humanitarian assistance.
Subtitle C--General Provisions
Sec. 7431. Suspension of sanctions.
Sec. 7432. Waivers and exemptions.
Sec. 7433. Implementation and regulatory authorities.
Sec. 7434. Exception relating to importation of goods.
Sec. 7435. Cost limitation.
Sec. 7436. Rule of construction.
Sec. 7437. Prohibition on construction of provisions of this title as an
authorization for use of military force.
Sec. 7438. Sunset.
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY
Sec. 7501. Short title.
Sec. 7502. Sense of Congress.
Sec. 7503. Imposition of sanctions with respect to provision of certain
vessels for the construction of certain Russian energy export
pipelines.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
Sec. 7601. Short title.
Sec. 7602. Paid parental leave under title 5.
Sec. 7603. Paid parental leave for congressional employees.
Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees.
Sec. 7605. Clarification for members of the National Guard and Reserves.
Sec. 7606. Conforming amendment for certain TSA employees.
Subtitle B--Other Matters
Sec. 7611. Liberian refugee immigration fairness.
Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.
Sec. 7613. Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations.
SEC. 3. <<NOTE: Definition. 10 USC 101 note.>> 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.
[[Page 133 STAT. 1232]]
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.
[[Page 133 STAT. 1233]]
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. <<NOTE: 10 USC 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
[[Page 133 STAT. 1234]]
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 <<NOTE: Time period.>> 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 <<NOTE: 10 USC 8661 prec.>> is amended by
inserting after the item relating to section 8691 the following new
item:
``8692. Ford-class aircraft carriers: cost limitation baselines.''.
(c) Repeal of Superseded Provision.--Section 122 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-
364; 120 Stat. 2104) is repealed.
SEC. 122. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR
CERTAIN AIRCRAFT CARRIERS.
Section 126(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2035) is amended--
(1) in the subsection heading, by striking ``and CVN-80''
and inserting ``, CVN-80, and CVN-81'';
(2) in paragraph (1)--
(A) by striking ``2021'' and inserting ``2032''; and
(B) by striking ``costs described in subsection (b)
for the CVN-79 and CVN-80'' and inserting ``cost targets
for the CVN-79, the CVN-80, and the CVN-81''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking `` and the CVN-80'' and inserting ``, the CVN-
80, and the CVN-81''
(B) in subparagraph (A), by striking ``costs
described in subsection (b)'' and inserting ``cost
targets'';
(C) in subparagraph (F), by striking ``costs
specified in subsection (b)'' and inserting ``cost
targets''; and
(D) in subparagraph (G), by striking ``costs
specified in subsection (b)'' and inserting ``cost
targets''.
SEC. 123. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN C.
STENNIS AND U.S.S. HARRY S. TRUMAN.
(a) Refueling and Complex Overhaul.--The Secretary of the Navy shall
carry out the nuclear refueling and complex overhaul of the U.S.S. John
C. Stennis (CVN-74) and U.S.S. Harry S. Truman (CVN-75).
(b) <<NOTE: Time period.>> 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.
[[Page 133 STAT. 1235]]
(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) <<NOTE: 132 Stat. 1665.>> 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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1236]]
(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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Contracts. Effective date.>> 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.
[[Page 133 STAT. 1237]]
(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) <<NOTE: Notification.>> 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:
[[Page 133 STAT. 1238]]
(1) The term ``Milestone B approval'' has the meaning given
the term in section 2366(e)(7) of title 10, United States Code.
(2) The term ``milestone decision authority'' means the
official within the Department of Defense designated with the
overall responsibility and authority for acquisition decisions
for the program, including authority to approve entry of the
program into the next phase of the acquisition process.
(3) The term ``large surface combatants'' means Navy surface
ships that are designed primarily to engage in attacks against
airborne, surface, subsurface, and shore targets, excluding
frigates and littoral combat ships.
SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS PENDING QUARTERLY
UPDATES ON THE CH-53K KING STALLION
HELICOPTER PROGRAM.
(a) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Update.>> 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) <<NOTE: Estimate.>> 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.
[[Page 133 STAT. 1239]]
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) <<NOTE: Assessments.>> 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 <<NOTE: Estimates.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Plan.>> 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.
[[Page 133 STAT. 1240]]
(c) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Waivers.>> Alignment With Strategy.--The Secretary of
the Air Force may not deviate from the strategy submitted under
subsection (a) until--
(1) <<NOTE: Consultation.>> the Secretary receives a waiver
from the Secretary of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff; and
(2) <<NOTE: Documentation.>> 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.
[[Page 133 STAT. 1241]]
SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F-15EX AIRCRAFT.
(a) <<NOTE: Time period. Reports. Strategies.>> 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) <<NOTE: Estimates.>> 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) <<NOTE: Time period. Notification.>> 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.
[[Page 133 STAT. 1242]]
(2) The term ``over and above work'' means work performed
pursuant to line 0012 (CLIN 0012) of the contract for
Presidential Aircraft Recapitalization entered into between the
Department of the Air Force and the Boeing Company (contract
number FA8625-16-C-6599).
SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RC-26B AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2020 for the Air Force may be obligated or
expended to retire, divest, realign, or place in storage or on backup
aircraft inventory status, or prepare to retire, divest, realign, or
place in storage or backup inventory status, any RC-26B aircraft until
the date on which the Secretary of the Air Force submits to the
congressional defense committees--
(1) the report required under subsection (c); and
(2) the certification required under subsection (d).
(b) <<NOTE: Determination.>> 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) <<NOTE: Survey.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1243]]
SEC. 148. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF
RC-135 AIRCRAFT.
(a) <<NOTE: Time period. Certification.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Analyses.>> 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.
[[Page 133 STAT. 1244]]
(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) <<NOTE: Analysis.>> 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
[[Page 133 STAT. 1245]]
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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessments.>> Elements.--The report required by
subsection (a) shall include an assessment of each of the following:
(1) Whether the number of aircraft, types of aircraft, and
operating locations that comprise the Civil Air Patrol fleet are
suitable for the missions and responsibilities assigned to the
Civil Air Patrol, including--
(A) flight proficiency and training;
(B) operational mission training; and
(C) support for cadet orientation and cadet flight
training programs in the Civil Air Patrol wing of each
State.
(2) The ideal overall size of the Civil Air Patrol aircraft
fleet, including a description of the factors used to determine
that ideal size.
[[Page 133 STAT. 1246]]
(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.
[[Page 133 STAT. 1247]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1248]]
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) <<NOTE: Time period. Certification.>> 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) <<NOTE: Deadline.>> 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).
[[Page 133 STAT. 1249]]
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) <<NOTE: Data.>> 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) <<NOTE: Evaluation.>> 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. <<NOTE: Assessments.>> REPORTS ON THE PROGRESS AND
PERFORMANCE OF THE F-35 AIRCRAFT PROGRAM.
(a) F-35 Block 4 and Continuous Capability Development and Delivery
Program.--The Secretary of Defense shall include with the annual report
required by section 224(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2059) an integrated
master schedule and past performance assessment for each planned phase
of the F-35 Block 4 Upgrade and Continuous Capability Development and
Delivery Program.
(b) Comptroller General Reports.--
(1) Annual report required.--Not later than 30 days after
the date on which the budget of the President is submitted to
Congress under section 1105(a) of title 31, United States Code,
for each of fiscal years 2021 through 2025, the Comptroller
General of the United States shall submit to the congressional
defense committees a report on the F-35 aircraft program.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the F-35 aircraft program, the
following:
(A) An assessment of the progress of manufacturing
processes improvement under the program.
(B) The progress and results of the F-35 Block 4
Upgrade and Continuous Capability Development and
Delivery Program and other follow-on modernization
development and testing efforts.
[[Page 133 STAT. 1250]]
(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) <<NOTE: Review. Assessment.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Cost estimate.>> The results of the
independent cost estimate for the Program conducted by
the Director of Cost Assessment and Program Evaluation.
(B) <<NOTE: Plan.>> An approved test and evaluation
master plan that addresses the adequacy of testing
resources, testing aircraft shortfalls, and testing
funding.
(C) <<NOTE: Review.>> A review of the feasibility
and schedule of the continuous capability development
and delivery strategy for fielding technologies under
the Program as conducted
[[Page 133 STAT. 1251]]
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) <<NOTE: Requirements.>> The strategy and performance
requirements that will be implemented to improve the system.
(3) <<NOTE: Implementation plan. Cost estimates.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1252]]
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) <<NOTE: Certification.>> 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) <<NOTE: List. Assessment.>> 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.
[[Page 133 STAT. 1253]]
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.
[[Page 133 STAT. 1254]]
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. <<NOTE: 10 USC 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.
[[Page 133 STAT. 1255]]
``(d) <<NOTE: Assessments. Evaluation.>> 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 <<NOTE: 10 USC 2191 prec.>> 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. <<NOTE: Termination date.>> 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
[[Page 133 STAT. 1256]]
States Code, is amended by inserting after section 2358a the
following new section:
``Sec. 2358b. <<NOTE: 10 USC 2358b.>> Joint reserve detachment of
the Defense Innovation Unit
``(a) <<NOTE: Consultation.>> Establishment.--The Secretary of
Defense, in consultation with the Secretaries of the military
departments, may establish a joint reserve detachment (referred to in
this section as the `Detachment') composed of members of the reserve
components described in subsection (b) to be assigned to each office of
the Defense Innovation Unit to--
``(1) support engagement and collaboration with private-
sector industry and the community surrounding the location of
such office; and
``(2) to accelerate the use and adoption of commercially-
developed technologies for national security purposes.
``(b) Members.--Each Secretary of a military department shall select
for the Detachment, and make efforts to retain, members of the reserve
components who possess relevant private-sector experience in the fields
of business, acquisition, intelligence, engineering, technology
transfer, science, mathematics, program management, logistics,
cybersecurity, or such other fields as determined by the Under Secretary
of Defense for Research and Engineering.
``(c) Duties.--The Detachment shall have the following duties:
``(1) Providing the Department of Defense with--
``(A) expertise on and analysis of commercially-
developed technologies;
``(B) commercially-developed technologies to be used
as alternatives for technologies in use by the
Department; and
``(C) opportunities for greater engagement and
collaboration between the Department and private-sector
industry on innovative technologies.
``(2) On an ongoing basis--
``(A) partnering with the military departments, the
combatant commands, and other Department of Defense
organizations to--
``(i) identify and rapidly prototype
commercially-developed technologies; and
``(ii) use alternative contracting mechanisms
to procure such technologies;
``(B) increasing awareness of--
``(i) the work of the Defense Innovation Unit;
and
``(ii) the technology requirements of the
Department of Defense as identified in the
National Defense Science and Technology Strategy
developed under section 218 of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1679); and
``(C) using the investment in research and
development made by private-sector industry in assessing
and developing dual-use technologies.
``(3) Carrying out other activities as directed by the Under
Secretary of Defense for Research and Engineering.
``(d) Joint Duty.--Assignment to a Detachment shall not qualify as a
joint duty assignment, as defined in section 668(b)(1)
[[Page 133 STAT. 1257]]
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 <<NOTE: 10 USC 2351 prec.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Organizational plan. Cost estimates.>> 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) <<NOTE: Timeline.>> 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
[[Page 133 STAT. 1258]]
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) <<NOTE: Deadline.>> 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)--
[[Page 133 STAT. 1259]]
(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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1260]]
``(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) <<NOTE: Consultations.>> in subsection (c)--
(A) in paragraph (2), by striking ``quantum
sciences;'' and inserting ``quantum information
sciences, including through consultation with--
``(A) the National Quantum Coordination Office;
``(B) the subcommittee on Quantum Information
Science of the National Science and Technology Council;
``(C) other organizations and elements of the
Department of Defense;
``(D) other Federal agencies; and
``(E) appropriate private sector organizations;'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (6) and (7), respectively;
(C) by inserting after paragraph (2), the following
new paragraphs:
``(3) <<NOTE: Plans.>> 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;'';
[[Page 133 STAT. 1261]]
(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) <<NOTE: Summary.>> a summary of the
funding provided for the activity; and
``(iii) <<NOTE: Timeline.>> 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) <<NOTE: Requirements.>> security
processes and requirements for engagement with
allied countries; and
``(ii) <<NOTE: Plan.>> 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) <<NOTE: 10
USC 2358 note.>> is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
[[Page 133 STAT. 1262]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Reimbursement.>> 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;
[[Page 133 STAT. 1263]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time periods.>> Elements.--The
report required under clause (i) shall include the
following:
(I) <<NOTE: Summary.>> 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) <<NOTE: Cost analysis.>> 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) <<NOTE: Timeline.>> A
timeline for the potential transition or
termination of the activities,
functions, and expertise provided by
JASON under the arrangement.
(IV) <<NOTE: Assessment. Mitigation
plan.>> 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) <<NOTE: Summaries.>> Annual summary report.--Not later
than March 1 of each year beginning after the date of the
enactment of
[[Page 133 STAT. 1264]]
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. <<NOTE: 10 USC 2358 note.>> DIRECT AIR CAPTURE AND BLUE
CARBON REMOVAL TECHNOLOGY PROGRAM.
(a) Program Required.--
(1) <<NOTE: Coordination.>> In general.--The Secretary of
Defense, in coordination with the Secretary of Homeland
Security, the Secretary of Energy, and the heads of such other
Federal agencies as the Secretary of Defense considers
appropriate, shall carry out a program on research, development,
testing, evaluation, study, and demonstration of technologies
related to blue carbon capture and direct air capture.
(2) Program goals.--The goals of the program established
under paragraph (1) are as follows:
(A) To develop technologies that capture carbon
dioxide from seawater and the air to turn such carbon
dioxide into clean fuels to enhance fuel and energy
security.
(B) To develop and demonstrate technologies that
capture carbon dioxide from seawater and the air to
reuse such carbon dioxide to create products for
military uses.
(C) To develop direct air capture technologies for
use--
(i) at military installations or facilities of
the Department of Defense; or
(ii) in modes of transportation by the Navy or
the Coast Guard.
(3) Phases.--The program established under paragraph (1)
shall be carried out in two phases as follows:
(A) The first phase shall consist of research and
development and shall be carried out as described in
subsection (b).
(B) <<NOTE: Evaluation. Determination.>> 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) <<NOTE: Study. Evaluation.>> 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
[[Page 133 STAT. 1265]]
(B) in modes of transportation by the Navy or the
Coast Guard.
(3) <<NOTE: Deadline.>> 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--
[[Page 133 STAT. 1266]]
(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. <<NOTE: 10 USC 2302 note.>> REQUIRING DEFENSE
MICROELECTRONICS PRODUCTS AND SERVICES
MEET TRUSTED SUPPLY CHAIN AND OPERATIONAL
SECURITY STANDARDS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1267]]
(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) <<NOTE: Deadlines. Consultation. Updates.>> 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
[[Page 133 STAT. 1268]]
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) <<NOTE: Deadline.>> Strategy Required.--Not later than March 1,
2020, the Chief of Staff of the Air Force, the Chief of Naval
Operations, and the Chief of Staff of the Army shall jointly submit to
the congressional defense committees a joint development and acquisition
strategy to procure a secure, low probability of detection data link
network capability, with the ability to effectively operate in hostile
jamming environments while preserving the low observability
characteristics of the relevant platforms, including both existing and
planned platforms.
(b) Network Characteristics.--The data link network capability to be
procured pursuant to the development and acquisition strategy submitted
under subsection (a) shall--
(1) ensure that any network made with such capability will
be low risk and affordable, with minimal impact or change to
existing host platforms and minimal overall integration costs;
(2) use a non-proprietary and open systems approach
compatible with the Rapid Capabilities Office Open Mission
Systems initiative of the Air Force, the Future Airborne
Capability Environment initiative of the Navy, and the Modular
Open Systems Architecture initiative of the Army; and
(3) provide for an architecture to connect, with
operationally relevant throughput and latency--
(A) fifth-generation combat aircraft;
(B) fifth-generation and fourth-generation combat
aircraft;
(C) fifth-generation and fourth-generation combat
aircraft and appropriate support aircraft and other
network nodes for command, control, communications,
intelligence, surveillance, and reconnaissance purposes;
and
(D) fifth-generation and fourth-generation combat
aircraft and their associated network-enabled precision
weapons.
(c) <<NOTE: Time period.>> 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).
[[Page 133 STAT. 1269]]
SEC. 226. <<NOTE: 10 USC 2223a note.>> ESTABLISHMENT OF SECURE
NEXT-GENERATION WIRELESS NETWORK (5G)
INFRASTRUCTURE FOR THE NEVADA TEST AND
TRAINING RANGE AND BASE INFRASTRUCTURE.
(a) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1270]]
SEC. 227. <<NOTE: 10 USC 2521 note.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Updates. Evaluation.>> 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
[[Page 133 STAT. 1271]]
(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. <<NOTE: 10 USC 2358 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimate.>> the estimated cost and
duration of the program; and
(3) any other matters the Secretary determines to be
relevant.
SEC. 229. <<NOTE: 10 USC 2358 note.>> DIVERSIFICATION OF THE
RESEARCH AND ENGINEERING WORKFORCE OF THE
DEPARTMENT OF DEFENSE.
(a) Assessment Required.--
(1) <<NOTE: Consultation.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Time period.>> 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.
[[Page 133 STAT. 1272]]
(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) <<NOTE: Consultation.>> In general.--Based on the
results of the assessment conducted under subsection (a), the
Secretary of Defense, acting through the Under Secretary of
Defense for Research and Engineering and in consultation with
the Secretaries of the military departments, shall develop and
implement a plan to diversify and strengthen the research and
engineering workforce of the Department of Defense.
(2) Elements.--The plan required by paragraph (1) shall--
(A) align with science and technology strategy
priorities of the Department of Defense, including the
emerging and future warfighter technology requirements
identified by the Department;
(B) except as provided in subsection (c)(2), set
forth steps for the implementation of each
recommendation included in the 2013 report of the RAND
corporation titled ``First Steps Toward Improving DoD
STEM Workforce Diversity'';
(C) harness the full range of the Department's STEM
programs and other Department sponsored programs to
develop and attract top talent;
(D) use existing authorities to attract and retain
students, academics, and other talent;
(E) establish and use contracts, agreements, or
other arrangements with institutions of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)), including historically black
colleges and universities and other minority-serving
institutions (as described in section 371(a) of such Act
(20 U.S.C. 1067q(a)) to enable easy and efficient access
to research and researchers for Government sponsored
basic and applied research and studies at each
institution, including contracts, agreements, and other
authorized arrangements such as those authorized under--
(i) section 217 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2358 note); and
(ii) such other authorities as the Secretary
determines to be appropriate; and
(F) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Reports.>> 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--
[[Page 133 STAT. 1273]]
(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) <<NOTE: Summary.>> a summary of actions
that have been taken to implement the
recommendation; and
(ii) <<NOTE: Schedule.>> 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) <<NOTE: Summary.>> 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. <<NOTE: 10 USC 501 note prec. Deadlines.>> 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
[[Page 133 STAT. 1274]]
(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. <<NOTE: 10 USC 2223a note.>> 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
[[Page 133 STAT. 1275]]
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) <<NOTE: Deadline. Assessment.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Plan.>> 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.
[[Page 133 STAT. 1276]]
(c) <<NOTE: Deadline.>> Policies and Guidance Required.--Not later
than one year after the date of the enactment of this Act, based on the
results of the demonstration activities carried out under subsection
(b), the Secretary of Defense shall issue or modify policies and
guidance to--
(1) promote the use of digital engineering capabilities for
development and for automated testing; and
(2) address roles, responsibilities, and procedures relating
to such capabilities.
(d) Steering Committee.--
(1) In general.--The Secretary of Defense shall establish a
steering committee to assist the Secretary in carrying out
subsections (a) through (c).
(2) Membership.--The steering committee shall be composed of
the following members or their designees:
(A) The Under Secretary of Defense for Research and
Engineering.
(B) The Under Secretary of Defense for Acquisition
and Sustainment.
(C) The Chief Information Officer.
(D) The Director of Operational Test and Evaluation.
(E) The Director of Cost Assessment and Program
Evaluation.
(F) The Service Acquisition Executives.
(G) The Service testing commands.
(H) The Director of the Defense Digital Service.
(e) Reports Required.--
(1) Implementation.--Not later than March 15, 2020, the
Secretary of Defense shall submit to the congressional defense
committees a report on the progress of the Secretary in
implementing subsections (a) through (c). The report shall
include an explanation of how the results of the demonstration
activities carried out under subsection (b) will be incorporated
into the policy and guidance required under subsection (c),
particularly the policy and guidance of the members of the
steering committee established under subsection (d).
(2) <<NOTE: Deadline. Briefing.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> a report summarizing the
assessment; and
(B) <<NOTE: Briefing.>> a briefing on the findings
of the assessment.
[[Page 133 STAT. 1277]]
SEC. 232. <<NOTE: 10 USC 2358 note.>> PROCESS TO ALIGN POLICY
FORMULATION AND EMERGING TECHNOLOGY
DEVELOPMENT.
(a) Alignment of Policy and Technological Development.--Not
later <<NOTE: Deadline.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 132 note.>> 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
[[Page 133 STAT. 1278]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2164 note. Consultation.>> 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;
[[Page 133 STAT. 1279]]
(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. <<NOTE: 10 USC 1580 note prec.>> TECHNOLOGY AND
NATIONAL SECURITY FELLOWSHIP.
(a) Fellowship Program.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering, may
establish a civilian fellowship program designed to place
eligible individuals within the Department of Defense and
Congress to increase the number of national security
professionals with science, technology, engineering, and
mathematics credentials employed by the Department.
(2) Designation.--The fellowship program established under
paragraph (1) shall be known as the ``Technology and
[[Page 133 STAT. 1280]]
National Security Fellowship'' (in this section referred to as
the ``fellows program'').
(3) <<NOTE: Time period.>> 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) <<NOTE: Determinations.>> either--
(i) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1281]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: List.>> A list that identifies each program,
project, and activity that contributes to the architecture of
the Advanced Battle Management System.
(2) <<NOTE: Analysis.>> The final analysis of alternatives
for the Advanced Battle Management System.
(3) <<NOTE: Requirements.>> 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.--
[[Page 133 STAT. 1282]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1283]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: List.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Deadline.>> Notification Required.--Not later than 10
days after the date on which the President submits the annual budget
request of the President for fiscal year 2021 pursuant to section 1105
of title 31, United States Code, the Secretary of the Defense shall,
without delegation, submit to the congressional defense committees a
notification identifying the military services or agencies that will be
responsible for the conduct of air and missile defense in support of
joint campaigns as it applies to defense against current and emerging
missile threats. The notification shall identify the applicable programs
of record to address such threats, including each class of cruise
missile threat.
[[Page 133 STAT. 1284]]
Subtitle C--Plans, Reports, and Other Matters
SEC. 251. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES RELATING
TO SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Summaries.>> 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
[[Page 133 STAT. 1285]]
(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) <<NOTE: Consultation.>> 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. <<NOTE: 10 USC 2358 note.>> INFRASTRUCTURE TO SUPPORT
RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION MISSIONS.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Summaries.>> 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).
[[Page 133 STAT. 1286]]
(4) For each project identified under paragraph (3)--
(A) a description of the scope of work;
(B) <<NOTE: Cost estimate.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1287]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2223a note.>> STRATEGY AND
IMPLEMENTATION PLAN FOR FIFTH GENERATION
INFORMATION AND COMMUNICATIONS
TECHNOLOGIES.
(a) <<NOTE: Deadline.>> In General.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense shall
develop--
(1) a strategy for harnessing fifth generation (commonly
known as ``5G'') information and communications technologies to
enhance military capabilities, maintain a technological
advantage on the battlefield, and accelerate the deployment of
new commercial products and services enabled by 5G networks
throughout the Department of Defense; and
(2) a plan for implementing the strategy developed under
paragraph (1).
(b) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) Adoption and use of secure fourth generation (commonly
known as ``4G'') communications technologies and the transition
to advanced and secure 5G communications technologies for
military applications and for military infrastructure.
(2) Science, technology, research, and development efforts
to facilitate the advancement and adoption of 5G technology and
new uses of 5G systems, subsystems, and components, including--
(A) 5G testbeds for developing military and dual-use
applications; and
(B) spectrum-sharing technologies and frameworks.
(3) Strengthening engagement and outreach with industry,
academia, international partners, and other departments and
agencies of the Federal Government on issues relating to 5G
technology and the deployment of such technology, including
[[Page 133 STAT. 1288]]
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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2223a note.>> DEPARTMENT-WIDE SOFTWARE
SCIENCE AND TECHNOLOGY STRATEGY.
(a) <<NOTE: Deadline. Consultation.>> Designation of Senior
Official.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense,
[[Page 133 STAT. 1289]]
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.
[[Page 133 STAT. 1290]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1291]]
(2) the implementation plan developed under subsection (b).
SEC. 257. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP AND
REPORTS.
(a) Roadmap for Science and Technology Activities to Support
Development of Cyber Capabilities.--
(1) Roadmap required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall develop a roadmap for science and technology
activities of the Department of Defense to support development
of cyber capabilities to meet Department needs and missions.
(2) Goal of consistency.--The Secretary shall develop the
roadmap required by paragraph (1) to ensure consistency with
appropriate Federal interagency, industry, and academic
activities.
(3) Scope.--The roadmap required by paragraph (1) shall--
(A) cover the development of capabilities that will
likely see operational use within the next 25 years or
earlier; and
(B) address cyber operations and cybersecurity.
(4) Consultation.--The Secretary shall develop the roadmap
required by paragraph (1) in consultation with the following:
(A) The Chief Information Officer of the Department.
(B) The secretaries and chiefs of the military
departments.
(C) The Director of Operational Test and Evaluation.
(D) The Commander of the United States Cyber
Command.
(E) The Director of the National Security Agency.
(F) The Director of the Defense Information Systems
Agency.
(G) The Director of the Defense Advanced Research
Projects Agency.
(H) The Director of the Defense Digital Service.
(I) Such interagency partners as the Secretary
considers appropriate.
(5) Form.--The Secretary shall develop the roadmap required
by paragraph (1) in unclassified form, but may include a
classified annex.
(6) <<NOTE: Public information.>> 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
[[Page 133 STAT. 1292]]
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) <<NOTE: List.>> 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) <<NOTE: Strategies.>> Contents.--The report submitted under
subsection (a) shall include the following:
(1) The acquisition strategy of the Secretary for the
program.
(2) <<NOTE: Estimates.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1293]]
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) <<NOTE: Plans.>> 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
[[Page 133 STAT. 1294]]
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) <<NOTE: Effective date. Time period. Briefings.>> 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) <<NOTE: Overview.>> 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) <<NOTE: Overview.>> An overview of the program
schedule.
(3) <<NOTE: Assessment.>> An assessment of the status of
the program with respect to--
[[Page 133 STAT. 1295]]
(A) the development and approval of technical
requirements;
(B) technological maturity;
(C) testing;
(D) delivery; and
(E) program management.
(4) Any other matters that the Assistant Secretary considers
relevant to a full understanding of the status and plans of the
program.
(c) Assistant Secretary Defined.--In this section, the term
``Assistant Secretary'' means the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology (or the designee of the Assistant
Secretary), in consultation with the Commander of the Army Futures
Command (or the designee of the Commander).
SEC. 262. <<NOTE: 10 USC 2362 note.>> 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;
[[Page 133 STAT. 1296]]
(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) <<NOTE: Recommenda- tions.>> Recommendations for
strengthening and enhancing the programs executed under section
2362 of title 10, United States Code.
(10) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> any
recommendations that the National Academies may have for
action by the executive branch and Congress to improve
the participation of covered institutions in
[[Page 133 STAT. 1297]]
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) <<NOTE: Public information.>> Form of reports.--Each
report submitted under this subsection shall be made publicly
available.
(e) Implementation Required.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Notice.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Consultation. Public information. Web posting.>> 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:
[[Page 133 STAT. 1298]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> Elements.--The study conducted
pursuant to paragraph (1) shall include the following:
(A) <<NOTE: Reviews.>> 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
[[Page 133 STAT. 1299]]
civilian agencies of the Federal Government
relevant to critical Department of Defense
applications of this research;
(iv) an assessment of the potential national
security risks of emerging biotechnologies,
including risks relating to foreign powers
advancing their use of emerging biotechnologies
for military applications and other purposes
faster than the Department; and
(v) an assessment of the knowledge base of the
Department with respect to emerging
biotechnologies, including scientific expertise
and infrastructure in the Department and the
capacity of the Department to integrate emerging
biotechnologies into its operational concepts,
capabilities, and forces.
(B) An assessment of the technical basis within the
Department used to inform the intelligence community of
the Department's collection and analysis needs relating
to emerging biotechnologies.
(C) <<NOTE: Recommenda- tions.>> Development of a
recommendation on a definition of emerging
biotechnologies, as appropriate for the Department.
(D) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Reports.>> INDEPENDENT STUDY ON OPTIMIZING
RESOURCES ALLOCATED TO COMBATING TERRORISM
TECHNICAL SUPPORT OFFICE.
(a) <<NOTE: Deadline. Contracts.>> 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
[[Page 133 STAT. 1300]]
center with which the Secretary enters into a contract under such
subsection shall--
(1) <<NOTE: Evaluation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Records.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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;
[[Page 133 STAT. 1301]]
(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.
[[Page 133 STAT. 1302]]
Sec. 312. Authority to accept contributions of funds from applicants for
energy projects for mitigation of impacts on military
operations and readiness.
Sec. 313. Use of proceeds from sale of recyclable materials.
Sec. 314. Disposal of recyclable materials.
Sec. 315. Department of Defense improvement of previously conveyed
utility systems serving military installations.
Sec. 316. Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard.
Sec. 317. Use of operational energy cost savings of Department of
Defense.
Sec. 318. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 319. Energy resilience programs and activities.
Sec. 320. Technical and grammatical corrections and repeal of obsolete
provisions relating to energy.
Sec. 321. Transfer authority for funding of study and assessment on
health implications of per- and polyfluoroalkyl substances
contamination in drinking water by Agency for Toxic
Substances and Disease Registry.
Sec. 322. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations.
Sec. 324. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 325. Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate.
Sec. 326. Development of extreme weather vulnerability and risk
assessment tool.
Sec. 327. Removal of barriers that discourage investments to increase
military installation resilience.
Sec. 328. Budgeting of Department of Defense relating to extreme
weather.
Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food Packaging.
Sec. 330. Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam.
Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl
and polyfluoroalkyl substances and other contaminants of
concern.
Sec. 332. Cooperative agreements with States to address contamination by
perfluoroalkyl and polyfluoroalkyl substances.
Sec. 333. Plan to phase out use of burn pits.
Sec. 334. Information relating to locations of burn pit use.
Sec. 335. Data quality review of radium testing conducted at certain
locations of the Department of the Navy.
Sec. 336. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 337. Pilot program for availability of working-capital funds for
increased combat capability through energy optimization.
Sec. 338. Report on efforts to reduce high energy intensity at military
installations.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid
(PFOA) and perfluorooctane sulfonate (PFOS) for agricultural
purposes.
Sec. 344. Acquisition of real property by Air Force.
Sec. 345. Remediation plan.
Subtitle D--Logistics and Sustainment
Sec. 351. Materiel readiness metrics and objectives.
Sec. 352. Clarification of authority regarding use of working-capital
funds for unspecified minor military construction projects
related to revitalization and recapitalization of defense
industrial base facilities.
Sec. 353. Modification to limitation on length of overseas forward
deployment of naval vessels.
Sec. 354. Extension of temporary installation reutilization authority
for arsenals, depots, and plants.
Sec. 355. F-35 Joint Strike Fighter sustainment.
Sec. 356. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 357. Pilot program to train skilled technicians in critical
shipbuilding skills.
Sec. 358. Requirement for military department inter-service depot
maintenance.
Sec. 359. Strategy to improve infrastructure of certain depots of the
Department of Defense.
Subtitle E--Reports
Sec. 361. Readiness reporting.
[[Page 133 STAT. 1303]]
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) <<NOTE: Definition.>> 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
[[Page 133 STAT. 1304]]
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) <<NOTE: 10 USC 2700 note.>> 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'';
[[Page 133 STAT. 1305]]
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Use of Operational Energy Cost Savings.--The amount that
remains available for obligation under subsection (a) that relates to
operational energy cost savings realized by the Department shall be used
for the implementation of additional operational energy resilience,
efficiencies, mission assurance, energy conservation, or energy security
within the department, agency, or instrumentality that realized that
savings.''.
SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND
COGENERATION PRODUCTION FACILITIES.
Section 2916(b)(3)(B) of title 10, United States Code, is amended--
(1) by striking ``shall be available'' and all that follows
and inserting ``shall be provided directly to the commander of
the military installation in which the geothermal energy
resource is located to be used for--''; and
(2) by adding at the end the following new clauses:
``(i) military construction projects described in
paragraph (2) that benefit the military installation
where the geothermal energy resource is located; or
``(ii) energy or water security projects that--
``(I) benefit the military installation where
the geothermal energy resource is located;
``(II) the commander of the military
installation determines are necessary; and
``(III) are directly coordinated with local
area energy or groundwater governing
authorities.''.
SEC. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES.
(a) Modification of Annual Energy Management and Resilience
Report.--Section 2925(a) of title 10, United States Code, is amended--
(1) in the subsection heading, by inserting ``and
Readiness'' after ``Mission Assurance'';
(2) in the matter preceding paragraph (1), by inserting
``The Secretary shall ensure that mission operators of critical
facilities provide to personnel of military installations any
information necessary for the completion of such report.'' after
``by the Secretary.'';
(3) in paragraph (4), in the matter preceding subparagraph
(A), by striking ``megawatts'' and inserting ``electric and
thermal loads''; and
(4) in paragraph (5), by striking ``megawatts'' and
inserting ``electric and thermal loads''.
(b) Funding for Energy Program Offices.--
(1) <<NOTE: Reports.>> 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.
[[Page 133 STAT. 1306]]
(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) <<NOTE: Time period. Effective date.>> 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) <<NOTE: 10 USC 2866 note.>> 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
[[Page 133 STAT. 1307]]
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 <<NOTE: 10 USC 2924
prec.>> 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 <<NOTE: 132 Stat.
1713.>> by striking ``2019 and 2020'' and inserting ``2019, 2020, and
2021''.
SEC. 322. <<NOTE: 10 USC 2661 note prec.>> REPLACEMENT OF
FLUORINATED AQUEOUS FILM-FORMING FOAM WITH
FLUORINE-FREE FIRE-FIGHTING AGENT.
(a) Use of Fluorine-free Foam at Military Installations.--
(1) <<NOTE: Deadlines. Publication.>> 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) <<NOTE: Implementation plan.>> 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;
[[Page 133 STAT. 1308]]
(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) <<NOTE: Timeline.>> a detailed timeline of
remaining required actions to implement such
replacement.
(b) <<NOTE: Expiration date.>> 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) <<NOTE: Expiration date.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Briefing.>> 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) <<NOTE: Timeline.>> an updated timeline
for the completion of the transition to use of the
fluorine-free fire-fighting agent; and
(vii) <<NOTE: List.>> a list of the
categories of installation infrastructure or
specific mobile firefighting equipment sets that
require the waiver along with the justification;
(B) <<NOTE: Certification.>> submits to the
congressional defense committees certification in
writing, that--
(i) the waiver is necessary for either
installation infrastructure, mobile firefighting
equipment, or both;
[[Page 133 STAT. 1309]]
(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) <<NOTE: Public notice.>> provides for public
notice of the waiver.
(2) Limitation.--The following limitations apply to a waiver
issued under this subsection:
(A) <<NOTE: Applicability. Time period.>> Such a
waiver shall apply for a period that does not exceed one
year.
(B) <<NOTE: Extension. Time period.>> The Secretary
may extend such a waiver once for an additional period
that does not exceed one year, if the requirements under
paragraph (1) are met as of the date of the extension of
the waiver.
(C) The authority to grant a waiver under this
subsection may not be delegated below the level of the
Secretary of Defense.
(f) Definitions.--In this section:
(1) The term ``perfluoroalkyl substances'' means aliphatic
substances for which all of the H atoms attached to C atoms in
the nonfluorinated substance from which they are notionally
derived have been replaced by F atoms, except those H atoms
whose substitution would modify the nature of any functional
groups present.
(2) The term ``polyfluoroalkyl substances'' means aliphatic
substances for which all H atoms attached to at least one (but
not all) C atoms have been replaced by F atoms, in such a manner
that they contain the perfluoroalkyl moiety CnF2n+1_ (for
example, C8F17CH2CH2OH).
SEC. 323. <<NOTE: 10 USC 2661 note prec.>> 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.
[[Page 133 STAT. 1310]]
SEC. 324. <<NOTE: 10 USC 2661 note prec.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Web posting.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1311]]
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) <<NOTE: Certification.>> 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) <<NOTE: Plan. Cost estimate. Timeframe.>> 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. <<NOTE: 10 USC 2864 note.>> 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) <<NOTE: Time period. Adaptation plan. Assessment.>>
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) <<NOTE: Definition.>> 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. <<NOTE: 10 USC 221 note.>> 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,
[[Page 133 STAT. 1312]]
systems, installations, facilities, and other assets and
capabilities of the Department of Defense; and
(2) <<NOTE: Estimate.>> 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. <<NOTE: 10 USC 2701 note.>> PROHIBITION ON
PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES IN MEALS READY-
TO-EAT FOOD PACKAGING.
(a) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2701 note.>> 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,
[[Page 133 STAT. 1313]]
materials contaminated by AFFF release, and spent filters or other PFAS
contaminated materials resulting from site remediation or water
filtration that--
(1) have been used by the Department of Defense or a
military department; or
(2) are being discarded for disposal by means of
incineration by the Department of Defense or a military
department; or
(3) are being removed from sites or facilities owned or
operated by the Department of Defense.
SEC. 331. <<NOTE: 10 USC 2701 note.>> 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. <<NOTE: 10 USC 2701 note.>> 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:
[[Page 133 STAT. 1314]]
(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) <<NOTE: Effective date. Deadline.>> 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) <<NOTE: Timeline.>> 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).
[[Page 133 STAT. 1315]]
SEC. 333. <<NOTE: Deadline.>> 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. <<NOTE: List.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Certification.>> 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. <<NOTE: Time periods.>> 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
[[Page 133 STAT. 1316]]
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. <<NOTE: 10 USC 2911 note.>> PILOT PROGRAM FOR
AVAILABILITY OF WORKING-CAPITAL FUNDS FOR
INCREASED COMBAT CAPABILITY THROUGH ENERGY
OPTIMIZATION.
(a) In General.--Notwithstanding section 2208 of title 10, United
States Code, the Secretary of Defense and the military departments may
use a working capital fund established pursuant to that section for
expenses directly related to conducting a pilot program for energy
optimization initiatives described in subsection (b).
(b) Energy Optimization Initiatives.--Energy optimization
initiatives covered by the pilot program include the research,
development, procurement, installation, and sustainment of technologies
or weapons system platforms, and the manpower required to do so, that
would improve the efficiency and maintainability, extend the useful
life, lower maintenance costs, or provide performance enhancement of the
weapon system platform or major end item.
(c) Limitation on Certain Projects.--Funds may not be used pursuant
to subsection (a) for--
(1) any product improvement that significantly changes the
performance envelope of an end item; or
(2) any single component with an estimated total cost in
excess of $10,000,000.
(d) Limitation in Fiscal Year Pending Timely Report.--If during any
fiscal year the report required by paragraph (1) of subsection (e) is
not submitted by the date specified in paragraph (2) of that subsection,
funds may not be used pursuant to subsection (a) during the period--
(1) beginning on the date specified in such paragraph (2);
and
(2) ending on the date of the submittal of the report.
(e) Annual Report.--
(1) In general.--The Secretary of Defense shall submit an
annual report to the congressional defense committees on the use
of the authority under subsection (a) during the preceding
fiscal year.
(2) Deadline for submittal.--The report required by
paragraph (1) in a fiscal year shall be submitted not later than
60 days after the date of the submittal to Congress of the
budget of the President for the succeeding fiscal year pursuant
to section 1105 of title 31, United States Code.
(3) Recommendation.--In the case of the report required to
be submitted under paragraph (1) during fiscal year 2020, the
report shall include the recommendation of the Secretary of
Defense and the military departments regarding whether the
authority under subsection (a) should be made permanent.
(f) Sunset.--The authority under subsection (a) shall expire on
October 1, 2024.
SEC. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY AT
MILITARY INSTALLATIONS.
(a) Report.--
[[Page 133 STAT. 1317]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Strategy.>> 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 <<NOTE: Prompt and Fast Action to Stop Damages Act of 2019.>>
C--Treatment of Contaminated Water Near Military Installations
SEC. 341. <<NOTE: 10 USC 2701 note.>> SHORT TITLE.
This subtitle may be cited as the ``Prompt and Fast Action to Stop
Damages Act of 2019''.
SEC. 342. <<NOTE: 10 USC 2701 note.>> DEFINITIONS.
In this subtitle:
(1) PFOA.--The term ``PFOA'' means perfluorooctanoic acid.
[[Page 133 STAT. 1318]]
(2) PFOS.--The term ``PFOS'' means perfluorooctane
sulfonate.
SEC. 343. <<NOTE: 10 USC 2701 note.>> 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. <<NOTE: 10 USC 2701 note.>> 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.
[[Page 133 STAT. 1319]]
(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. <<NOTE: 10 USC 2701 note. Deadline.>> 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. <<NOTE: 10 USC 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. <<NOTE: Assessments.>> Such report shall include--
``(1) an assessment of the materiel availability, materiel
reliability, and mean down time metrics for each major weapons
system;
[[Page 133 STAT. 1320]]
``(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 <<NOTE: 10 USC 111 prec.>> 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) <<NOTE: Deadline.>> Assessment required.--Not later
than March 1, 2020, the Secretary of Defense shall complete a
comprehensive assessment of the materiel readiness and weapons
systems sustainment of the Department of Defense across the
Department organic industrial base and industry partners.
(2) Contents.--The assessment required by paragraph (1)
shall include--
(A) an assessment of the overall readiness strategy
of the Department of Defense and the capability of such
strategy to measure, track, and assess the readiness of
major weapons systems;
(B) an assessment of the use of objectives and
metrics;
(C) a description of applicable reporting
requirements; and
(D) applicable definitions and common usage of
relevant terms, including the terms ``major weapons
system'', ``covered asset'', ``total and required
inventory'', ``materiel and operational availability'',
``materiel and operational capability'', ``materiel and
operational reliability'', and ``maintenance costs''.
(3) Submission to congress.--The Secretary shall provide to
the congressional defense committees--
(A) <<NOTE: Briefing. Deadline.>> a briefing on the
assessment required by paragraph (1) by not later than
March 1, 2020; and
(B) <<NOTE: Reports.>> 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
[[Page 133 STAT. 1321]]
(C) by adding at the end the following new
subparagraph:
``(B) <<NOTE: Applicability.>> 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) <<NOTE: 10 USC 8690 note.>>
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).--
<<NOTE: Deadline.>> 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. <<NOTE: Plan.>> 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.
[[Page 133 STAT. 1322]]
(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 <<NOTE: Coordination.>> 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) <<NOTE: List.>> 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) <<NOTE: Guidance.>> 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. <<NOTE: 10 USC 8685 note.>> 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) <<NOTE: Time periods.>> 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
[[Page 133 STAT. 1323]]
provide briefings on the progress of the Secretary in carrying
out the pilot program.
SEC. 358. <<NOTE: 10 USC 2460 note.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Certification.>> 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. <<NOTE: 10 USC 2476 note.>> STRATEGY TO IMPROVE
INFRASTRUCTURE OF CERTAIN DEPOTS OF THE
DEPARTMENT OF DEFENSE.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Reviews.>> A comprehensive review of the
conditions and performance at each covered depot, including the
following:
(A) <<NOTE: Assessment.>> An assessment of the
current status of the following elements:
(i) Cost and schedule performance of the
depot.
[[Page 133 STAT. 1324]]
(ii) Material availability of weapon systems
supported at the depot and the impact of the
performance of the depot on that availability.
(iii) Work in progress and non-operational
items awaiting depot maintenance.
(iv) The condition of the depot.
(v) The backlog of restoration and
modernization projects at the depot.
(vi) The condition of equipment at the depot.
(vii) the vulnerability of the depot to
adverse environmental conditions and, if
necessary, the investment required to withstand
those conditions.
(B) An identification of analytically based goals
relating to the elements identified in subparagraph (A).
(2) <<NOTE: Analysis. Assessments.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Review. Coordination.>> 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) <<NOTE: Time period.>> 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.
[[Page 133 STAT. 1325]]
(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) <<NOTE: Records.>> 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) <<NOTE: Deadline. Briefing.>> Not later than 30 days after
the end of the first and third quarter of each calendar year, the
Secretary of Defense shall
[[Page 133 STAT. 1326]]
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) <<NOTE: Strategy.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Summary.>> A summary of the readiness of
supporting capabilities, including infrastructure, prepositioned
equipment and supplies, and mobility assets, and other
supporting logistics capabilities.
``(7) <<NOTE: Summary.>> 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) <<NOTE: List.>> 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
[[Page 133 STAT. 1327]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Records.>> 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 <<NOTE: 10 USC 480 prec.>> 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) <<NOTE: 10 USC 117
note.>> 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) <<NOTE: Assessments.>> Matters for Inclusion.--The report
required by subsection (a) shall include each of the following:
(1) <<NOTE: Plan.>> A detailed plan to repair the dome to
ensure that it does not have any harmful effects to the local
population,
[[Page 133 STAT. 1328]]
environment, or wildlife, including the projected costs of
implementing such plan.
(2) The effects on the environment that the dome has
currently and is projected to have in 5 years, 10 years, and 20
years.
(3) An assessment of the current condition of the outer
constructs of the dome.
(4) An assessment of the current and long-term safety to
local humans posed by the site.
(5) An assessment of how rising sea levels might affect the
dome.
(6) <<NOTE: Summary.>> A summary of interactions between
the Government of the United States and the government of the
Marshall Islands about the dome.
(c) <<NOTE: Public information.>> Form of Report.--The report
required by subsection (a) shall be submitted in unclassified form and
made publicly available.
SEC. 365. <<NOTE: 10 USC 482 note.>> 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. <<NOTE: 10 USC 117 note.>> 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.
[[Page 133 STAT. 1329]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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.''.
[[Page 133 STAT. 1330]]
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
[[Page 133 STAT. 1331]]
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 133 STAT. 1332]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analyses.>> 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--
[[Page 133 STAT. 1333]]
(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) <<NOTE: Recommenda- tions.>> recommendations for
changes to the strategy of the Department of Defense for the
defense personal property program.
(d) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>> 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.
[[Page 133 STAT. 1334]]
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. <<NOTE: Determination.>> 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.''.
[[Page 133 STAT. 1335]]
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September 30,
2020, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,700.
(6) The Air Force Reserve, 70,100.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent
at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members of
the Selected Reserve of any reserve component are released from active
duty during any fiscal year, the end strength prescribed for such fiscal
year for the Selected Reserve of such reserve component shall be
increased proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2020,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,155.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 22,637.
(6) The Air Force Reserve, 4,431.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2020 for the reserve
components of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
[[Page 133 STAT. 1336]]
(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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1337]]
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
[[Page 133 STAT. 1338]]
1,500....................................... 70 15
1,600....................................... 75 16
1,700....................................... 80 17
1,800....................................... 85 18
1,900....................................... 89 19
2,000....................................... 93 20
2,100....................................... 96 21
2,200....................................... 99 22
2,300....................................... 101 23
2,400....................................... 106 24
2,500....................................... 112 25
2,600....................................... 116 26
2,700....................................... 121 27
2,800....................................... 125 28
2,900....................................... 130 29
3,000....................................... 134 30''.
SEC. 416. MODIFICATION OF AUTHORIZED STRENGTH OF AIR FORCE RESERVE
SERVING ON FULL-TIME RESERVE COMPONENT
DUTY FOR ADMINISTRATION OF THE RESERVES OR
THE NATIONAL GUARD.
(a) In General.--The table in section 12011(a)(1) of title 10,
United States Code, is amended by striking the matter relating to the
Air Force Reserve and inserting the following new matter:
``Air Force Reserve
1,000 166 170 100
1,500 245 251 143
2,000 322 330 182
2,500 396 406 216
3,000 467 479 246
3,500 536 550 271
4,000 602 618 292
4,500 665 683 308
5,000 726 746 320
5,500 784 806 325
6,000 840 864 327
7,000 962 990 347
8,000 1,087 1,110 356
10,000 1,322 1,362 395''.
(b) <<NOTE: 10 USC 12011 note.>> 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.
[[Page 133 STAT. 1339]]
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.
[[Page 133 STAT. 1340]]
Sec. 520B. Report and briefing on the Senior Reserve Officers' Training
Corps.
Sec. 520C. Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Advice and counsel of trauma experts in review by boards for
correction of military records and discharge review boards of
certain claims.
Sec. 522. Reduction in required number of members of discharge review
boards.
Sec. 523. Establishment of process to review a request for upgrade of
discharge or dismissal.
Sec. 524. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 525. Training of members of boards for correction of military
records and discharge review boards on sexual trauma,
intimate partner violence, spousal abuse, and related
matters.
Sec. 526. Time requirements for certification of honorable service.
Sec. 527. Correction of certain discharge characterizations.
Sec. 528. Development of guidelines for use of unofficial sources of
information to determine eligibility of members and former
members of the Armed Forces for decorations when the service
records are incomplete because of damage to the official
record.
Sec. 529. Strategic plan for diversity and inclusion.
Sec. 530. Study regarding screening individuals who seek to enlist in
the Armed Forces.
Sec. 530A. Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-citizens.
Sec. 530B. Sense of Congress regarding accession physicals.
Subtitle D--Military Justice
Sec. 531. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of efficiency
in military justice.
Sec. 532. Command influence.
Sec. 533. Statute of limitations for certain offenses.
Sec. 534. Public access to dockets, filings, and court records of
courts-martial or other records of trial of the military
justice system.
Sec. 535. Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 536. Authority for return of personal property to victims of sexual
assault who file a Restricted Report before conclusion of
related proceedings.
Sec. 537. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 538. Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of sexual
assault.
Sec. 539. Increase in number of digital forensic examiners for certain
military criminal investigative organizations.
Sec. 540. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 540A. Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault and
collateral offenses.
Sec. 540B. Training for commanders in the Armed Forces on their role in
all stages of military justice in connection with sexual
assault.
Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540D. Department of Defense-wide policy and military department-
specific programs on reinvigoration of the prevention of
sexual assault involving members of the Armed Forces.
Sec. 540E. Recommendations on separate punitive article in the Uniform
Code of Military Justice on sexual harassment.
Sec. 540F. Report on military justice system involving alternative
authority for determining whether to prefer or refer changes
for felony offenses under the Uniform Code of Military
Justice.
Sec. 540G. Report on standardization among the military departments in
collection and presentation of information on matters within
the military justice system.
Sec. 540H. Report on expansion of Air Force safe to report policy across
the Armed Forces.
Sec. 540I. Assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 540J. Pilot programs on defense investigators in the military
justice system.
Sec. 540K. Report on preservation of recourse to restricted report on
sexual assault for victims of sexual assault following
certain victim or third-party communications.
[[Page 133 STAT. 1341]]
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.
[[Page 133 STAT. 1342]]
Sec. 565. Prohibition on gender-segregated training at Marine Corps
Recruit Depots.
Sec. 566. Assessment of deaths of recruits under the jurisdiction of the
Secretaries of the military departments.
Sec. 567. Review of Department of Defense training programs regarding
disinformation campaigns.
Sec. 568. Command matters in connection with transition assistance
programs.
Sec. 569. Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty (DD Form
214).
Sec. 570. Records of service for Reserves.
Sec. 570A. Limitations and requirements in connection with separations
for members of the Armed Forces who suffer from mental health
conditions in connection with a sex-related, intimate partner
violence-related, or spousal-abuse offense.
Sec. 570B. Prohibition on involuntary separation of certain members of
the Armed Forces; consideration of military service in
removal determinations.
Sec. 570C. Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form 2648).
Sec. 570D. Counseling for members of the Armed Forces who are not
citizens of the United States on naturalization in the United
States.
Sec. 570E. Pilot program on information sharing between Department of
Defense and designated relatives and friends of members of
the Armed Forces regarding the experiences and challenges of
military service.
Sec. 570F. Connections of members retiring or separating from the Armed
Forces with community-based organizations and related
entities.
Sec. 570G. Pilot program regarding online application for the Transition
Assistance Program.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Authorizing members to take leave for a birth or adoption in
more than one increment.
Sec. 572. Deferred deployment for members who give birth.
Sec. 573. Authority of the Secretary concerned to transport remains of a
covered decedent to no more than two places selected by the
person designated to direct disposition of the remains.
Sec. 574. Military funeral honors matters.
Sec. 575. Improvement of occupational license portability for relocated
spouses of members of the uniformed services.
Sec. 576. Continued eligibility for education and training opportunities
for spouses of promoted members.
Sec. 577. Modification to authority to reimburse for State licensure and
certification costs of a spouse of a servicemember arising
from relocation.
Sec. 578. Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance Program.
Sec. 579. Annual State report card.
Sec. 580. Improvements to child care for members of the Armed Forces.
Sec. 580A. Transportation of remains of casualties; travel expenses for
next of kin.
Sec. 580B. Meetings of officials of the Department of Defense with
representative groups of survivors of deceased members of the
Armed Forces.
Sec. 580C. Information and opportunities for registration for voting and
absentee ballot requests for members of the Armed Forces
undergoing deployment overseas.
Sec. 580D. Study on two-way military ballot barcode tracking.
Sec. 580E. Assistance to schools with military dependent students.
Sec. 580F. First expansion of the My Career Advancement Account program
for military spouses.
Sec. 580G. Second expansion of the My Career Advancement Account program
for military spouses.
Sec. 580H. Report on training and support available to military spouses.
Sec. 580I. Ri'katak Guest Student Program at United States Army
Garrison-Kwajalein Atoll.
Subtitle I--Decorations and Awards
Sec. 581. Modification of authorities on eligibility for and replacement
of gold star lapel buttons.
Sec. 582. Standardization of honorable service requirement for award of
military decorations.
Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy
for acts of valor in Vietnam.
Sec. 584. Review of World War I valor medals.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys.
[[Page 133 STAT. 1343]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1344]]
officer in a manner designed to facilitate and improve
officer retention.
(5) <<NOTE: Recommenda- tions.>> 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) <<NOTE: 10 USC 615 note.>> 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) <<NOTE: 10 USC 616 note.>> 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
[[Page 133 STAT. 1345]]
Code, of promotion zones that are established under section 623 of that
title on or after that date.
SEC. 504. EXPANSION OF AUTHORITY FOR CONTINUATION ON ACTIVE DUTY
OF OFFICERS IN CERTAIN MILITARY
SPECIALTIES AND CAREER TRACKS.
Section 637a(a) of title 10, United States Code, is amended by
inserting ``separation or'' after ``provided for the''.
SEC. 505. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS.
Section 661(d)(3)(B) of title 10, United States Code, is amended in
the third sentence by inserting ``or a designee of the Chairman who is
an officer of the armed forces in grade O-9 or higher'' before the
period.
SEC. 506. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF DEPLOYMENTS
OF MEMBERS OF THE ARMED FORCES AND RELATED
UNIT OPERATING AND PERSONNEL TEMPO
MATTERS.
(a) Limitation on Scope of Delegations of Approval of Exceptions to
Deployment Thresholds.--Paragraph (3) of section 991(a) of title 10,
United States Code, is amended by striking ``be delegated to--'' and all
that follows and inserting ``be delegated to a civilian officer of the
Department of Defense appointed by the President, by and with the advice
and consent of the Senate.''.
(b) Separate Policies on Dwell Time for Regular and Reserve
Members.--Paragraph (4) of such section is amended--
(1) by striking ``addresses the amount'' and inserting
``addresses each of the following:
``(A) The amount.'';
(2) in subparagraph (A), as designated by paragraph (1), by
inserting ``regular'' before ``member''; and
(3) by adding at the end the following new subparagraph:
``(B) The amount of dwell time a reserve member of the armed
forces remains at the member's permanent duty station after
completing a deployment of 30 days or more in length.''.
SEC. 507. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED
STATES SPECIAL OPERATIONS COMMAND DURING
PERIODS OF INAPPLICABILITY OF HIGH-
DEPLOYMENT LIMITATIONS.
(a) In General.--Section 991(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Whenever a waiver is in effect under paragraph (1), the
member or group of members covered by the waiver shall be subject to
specific and measurable deployment thresholds established and maintained
for purposes of this subsection.
``(B) Thresholds under this paragraph may be applicable--
``(i) uniformly, Department of Defense-wide; or
``(ii) separately, with respect to each armed force or the
United States Special Operations Command.
``(C) If thresholds under this paragraph are applicable Department-
wide, such thresholds shall be established and maintained by the Under
Secretary of Defense for Personnel and Readiness. If such thresholds are
applicable only to one armed force or the Under States Special
Operations Command, such thresholds shall
[[Page 133 STAT. 1346]]
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) <<NOTE: 10 USC 991 note.>> 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) <<NOTE: Applicability. 10 USC 1370 note.>> 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.
[[Page 133 STAT. 1347]]
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. <<NOTE: 10 USC 525 note.>> 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.
[[Page 133 STAT. 1348]]
(C) <<NOTE: Summary list.>> 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. <<NOTE: 10 USC 771 note prec.>> 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) <<NOTE: 10 USC 2031 note.>> 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
[[Page 133 STAT. 1349]]
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) <<NOTE: 10 USC 8084 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on the date that is one year after
the date of the enactment of this Act and shall apply to appointments
made after such date.
SEC. 515. EXTENSION AND PERIODIC EVALUATION OF SUICIDE PREVENTION
AND RESILIENCE PROGRAM FOR THE RESERVE
COMPONENTS.
Section 10219 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h);
(2) in subsection (h), as redesignated by paragraph (1), by
striking ``2020'' and inserting ``2025''; and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) <<NOTE: Effective date.>> 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) <<NOTE: Determinations.>> 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)--
[[Page 133 STAT. 1350]]
(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. <<NOTE: 14 USC 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
[[Page 133 STAT. 1351]]
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 <<NOTE: 14 USC 301 prec.>> 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) <<NOTE: Timeline. Plan. Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 133 STAT. 1352]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 1353]]
SEC. 520C. SENSE OF CONGRESS ON INCREASE IN NUMBER OF JUNIOR
RESERVE OFFICERS' TRAINING CORPS UNITS.
It is the sense of Congress that the Junior Reserve Officers'
Training Corps was supported in the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) and should
be increased in fiscal year 2020 to include not fewer than 3,700 units
nationwide.
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY BOARDS
FOR CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARDS OF CERTAIN CLAIMS.
(a) Boards for Correction of Military Records.--Section 1552(g) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) If a board established under subsection (a)(1) is reviewing a
claim described in subsection (h), the board shall seek advice and
counsel in the review from a psychiatrist, psychologist, or social
worker with training on mental health issues associated with post-
traumatic stress disorder or traumatic brain injury or other trauma as
specified in the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association.
``(3) If a board established under subsection (a)(1) is reviewing a
claim in which sexual trauma, intimate partner violence, or spousal
abuse is claimed, the board shall seek advice and counsel in the review
from an expert in trauma specific to sexual assault, intimate partner
violence, or spousal abuse, as applicable.''.
(b) Discharge Review Boards.--Section 1553(d)(1) of such title is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph;
``(B) In the case of a former member described in paragraph (3)(B)
who claims that the former member's post-traumatic stress disorder or
traumatic brain injury as described in that paragraph in based in whole
or in part on sexual trauma, intimate partner violence, or spousal
abuse, a board established under this section to review the former
member's discharge or dismissal shall seek advice and counsel in the
review from a psychiatrist, psychologist, or social worker with training
on mental health issues associated with post-traumatic stress disorder
or traumatic brain injury or other trauma as specified in the current
edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association.''.
SEC. 522. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DISCHARGE
REVIEW BOARDS.
Section 1553(a) of title 10, United States Code, is amended by
striking ``five'' and inserting ``not fewer than three''.
[[Page 133 STAT. 1354]]
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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 1551 prec.>> 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
[[Page 133 STAT. 1355]]
(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) <<NOTE: 10 USC 1553a note.>> Deadline.--The Secretary of
Defense shall implement section 1553a of such title, as added by
subsection (a), not later than January 1, 2021.
(d) <<NOTE: 10 USC 1553a note.>> 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) <<NOTE: 10 USC 1553a note.>> 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) <<NOTE: Public information.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1356]]
(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) <<NOTE: 10 USC 1552 note.>> 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) <<NOTE: 10 USC 1553 note.>> 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. <<NOTE: 10 USC 1781 note.>> TIME REQUIREMENTS FOR
CERTIFICATION OF HONORABLE SERVICE.
The Secretary <<NOTE: Regulations.>> of Defense shall publish
regulations for submission and processing of a completed United States
Citizenship and Immigration Services Form N-426, by a member of the
Armed Forces. Such regulations shall designate the appropriate level for
the certifying officer as well as establish time requirements for the
form to be returned to the member of the Armed Forces.
SEC. 527. <<NOTE: 10 USC 1552 note.>> 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--
[[Page 133 STAT. 1357]]
(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. <<NOTE: 10 USC 1121 note prec.>> 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.
[[Page 133 STAT. 1358]]
(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. <<NOTE: 10 USC 656 note.>> 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) <<NOTE: Consultation. Records.>> 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
[[Page 133 STAT. 1359]]
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) <<NOTE: President. Regulations.>> 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) <<NOTE: Procedures.>> 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), <<NOTE: 10
USC 830 prec.>> 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:
[[Page 133 STAT. 1360]]
``(a)(1) No court-martial convening authority, nor any other
commanding officer, may censure, reprimand, or admonish the court or any
member, military judge, or counsel thereof, with respect to the findings
or sentence adjudged by the court, or with respect to any other exercise
of its or his functions in the conduct of the proceeding.
``(2) No court-martial convening authority, nor any other commanding
officer, may deter or attempt to deter a potential witness from
participating in the investigatory process or testifying at a court-
martial. The denial of a request to travel at government expense or
refusal to make a witness available shall not by itself constitute
unlawful command influence.
``(3) No person subject to this chapter may attempt to coerce or, by
any unauthorized means, attempt to influence the action of a court-
martial or any other military tribunal or any member thereof, in
reaching the findings or sentence in any case, or the action of any
convening, approving, or reviewing authority or preliminary hearing
officer with respect to such acts taken pursuant to this chapter as
prescribed by the President.
``(4) Conduct that does not constitute a violation of paragraphs (1)
through (3) may include, for example--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing persons on the substantive and procedural
aspects of courts-martial;
``(B) statements regarding criminal activity or a particular
criminal offense that do not advocate a particular disposition,
or a particular court-martial finding or sentence, or do not
relate to a particular accused; or
``(C) statements and instructions given in open court by the
military judge or counsel.
``(5)(A) Notwithstanding paragraphs (1) through (3), but subject to
subparagraph (B)--
``(i) a superior convening authority or officer may
generally discuss matters to consider regarding the disposition
of alleged violations of this chapter with a subordinate
convening authority or officer; and
``(ii) a subordinate convening authority or officer may seek
advice from a superior convening authority or officer regarding
the disposition of an alleged offense under this chapter.
``(B) No superior convening authority or officer may direct a
subordinate convening authority or officer to make a particular
disposition in a specific case or otherwise substitute the discretion of
such authority or such officer for that of the subordinate convening
authority or officer.'';
(3) in subsection (b)--
(A) by striking ``advanced, in grade'' and inserting
``advanced in grade''; and
(B) by striking ``accused before a court-martial''
and inserting ``person in a court-martial proceeding'';
and
(4) by adding at the end the following new subsections:
``(c) No finding or sentence of a court-martial may be held
incorrect on the ground of a violation of this section unless the
violation materially prejudices the substantial rights of the accused.
``(d)(1) A superior convening authority or commanding officer may
withhold the authority of a subordinate convening authority
[[Page 133 STAT. 1361]]
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), <<NOTE: 10 USC 836 prec.>> is
amended by striking the item relating to section 837 (article 37) and
inserting the following new item:
``837. Art. 37. Command influence.''.
(c) <<NOTE: 10 USC 837 note.>> 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) <<NOTE: 10 USC 843 note.>> 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
[[Page 133 STAT. 1362]]
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) <<NOTE: Applicability. Consultation. 10 USC 940a note.>>
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 <<NOTE: Procedures.>> 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) <<NOTE: Confidential information.>> 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
[[Page 133 STAT. 1363]]
the requirement to retain a sexual assault forensic examination (SAFE)
kit for the period specified in subsection (c)(4)(A).''.
SEC. 537. <<NOTE: Deadlines. 10 USC 856 note.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 1044e note.>> 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
[[Page 133 STAT. 1364]]
for by Rule for Courts-Martial 306(e) (as set forth in the Manual for
Courts-Martial, 2019 edition, or any successor rule), shall be created
and maintained in an appropriate system of records of the military
department concerned.
(c) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 1561 note prec.>> 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. <<NOTE: Deadlines. 10 USC 1561 note prec.>> 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.
[[Page 133 STAT. 1365]]
SEC. 540A. <<NOTE: 10 USC 822 note.>> 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. <<NOTE: 10 USC 1561 note.>> 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.--
[[Page 133 STAT. 1366]]
(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. <<NOTE: 10 USC 830 note.>> TIMELY DISPOSITION OF
NONPROSECUTABLE SEX-RELATED OFFENSES.
(a) <<NOTE: Deadline.>> 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. <<NOTE: Deadlines. 10 USC 1561 note.>> 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.
[[Page 133 STAT. 1367]]
(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 <<NOTE: Reports.>> 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) <<NOTE: Study.>> In general.--Not later than 300 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth
the results of a study, conducted for purposes of the report, on
the feasibility and advisability of an alternative military
justice system in which determinations as to whether to prefer
or refer charges for trial by court-martial for any offense
specified in paragraph (2) is made by a judge advocate in grade
O-6 or higher who has significant experience in criminal
litigation and is outside of the chain of command of the member
subject to the charges rather than by a commanding officer of
the member who is in the chain of command of the member.
(2) Specified offense.--An offense specified in this
paragraph is any offense under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), for which
the maximum punishment authorized includes confinement for more
than one year.
[[Page 133 STAT. 1368]]
(b) <<NOTE: Analyses.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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 <<NOTE: Consultation.>> 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) <<NOTE: Plan.>> 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
[[Page 133 STAT. 1369]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation. Assessment.>> 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. <<NOTE: 10 USC 810 note.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Consultation. Guidance.>> The Secretary of
Defense, in consultation with the Secretaries of the military
departments and the Secretary of Homeland Security, shall issue
guidance that--
[[Page 133 STAT. 1370]]
(A) <<NOTE: Criteria.>> 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) <<NOTE: Consultation.>> The Secretary of Defense, in
consultation with the Secretaries of the military departments
and the Secretary of Homeland Security, shall--
(A) <<NOTE: Evaluation.>> 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) <<NOTE: Reviews. Assessments.>> 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) <<NOTE: Records.>> 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). <<NOTE: Recommenda- tions.>> 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:
[[Page 133 STAT. 1371]]
(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. <<NOTE: 10 USC 810 note.>> 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) <<NOTE: Determination.>> Determine whether the presence
of defense investigators within such military justice system
will--
(A) make such military justice system more effective
in providing an effective defense for the accused; and
(B) make such military justice system more fair and
efficient.
(2) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1372]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 133 STAT. 1373]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Memoranda.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Study.>> 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
[[Page 133 STAT. 1374]]
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) <<NOTE: List.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Deadline. Recommenda- tions.>> 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
[[Page 133 STAT. 1375]]
(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) <<NOTE: Deadline.>> Staffing Caseload Levels.--Commencing not
later than four years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, each Secretary concerned
shall ensure that the number of Special Victims' Counsel serving in each
military department (and with respect to the Coast Guard) is sufficient
to ensure that the average caseload of a Special Victims' Counsel does
not exceed, to the extent practicable, 25 cases any given time.''.
SEC. 542. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AT MILITARY
INSTALLATIONS.
(a) Deadline for Availability.--Section 1044e(f) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(4)(A) Subject to subparagraph (B), if a Special Victims' Counsel
is not available at a military installation for access by a member of
the armed forces who requests access to a Special Victims' Counsel, a
Special Victims' Counsel shall be made available at such installation
for access by such member by not later than 72 hours after such request.
``(B) If the Secretary concerned determines that, due to exigent
circumstances related to military activities, a Special Victims' Counsel
cannot be made available to a member of the armed forces within the time
period required by subparagraph (A), the Secretary concerned shall
ensure that a Special Victims' Counsel is made available to such member
as soon as is practical under such circumstances.''.
(b) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1376]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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.
[[Page 133 STAT. 1377]]
``(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) <<NOTE: Time period.>> 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:
[[Page 133 STAT. 1378]]
``(3) <<NOTE: Definition.>> 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) <<NOTE: 50 USC 4042 note.>> 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. <<NOTE: 10 USC 1044 note.>> LEGAL COUNSEL FOR VICTIMS
OF ALLEGED DOMESTIC VIOLENCE OFFENSES.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> A description and
assessment of the manner in which the Department of
Defense will implement the program required under
subsection (a).
[[Page 133 STAT. 1379]]
(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) <<NOTE: Recommenda- tions.>> Recommendations
for any modifications to law that may be necessary to
effectively and efficiently implement the program.
(g) <<NOTE: 10 USC 1044 note.>> 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. <<NOTE: 10 USC 806b note.>> 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. <<NOTE: Time period.>> Such notifications shall continue not
less frequently than monthly until such final determination.
SEC. 550. <<NOTE: 5 USC 552 note.>> 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.
[[Page 133 STAT. 1380]]
SEC. 550A. <<NOTE: 10 USC 1561a note.>> 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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Certification.>> A certification by the
Secretary that the policies and procedures have been implemented
on each military installation.
SEC. 550B. <<NOTE: 10 USC 1561 note.>> 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'').
[[Page 133 STAT. 1381]]
(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) <<NOTE: Appointments.>> 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) <<NOTE: Reviews.>> 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.
[[Page 133 STAT. 1382]]
(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) <<NOTE: Definitions.>> 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. <<NOTE: Notification.>> 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. <<NOTE: 10 USC 1044e note.>> 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
[[Page 133 STAT. 1383]]
(2) an attempt to commit an offense specified in a paragraph
(1) as punishable under section 880 of title 10, United States
Code (article 80 of the Uniform Code of Military Justice).
(c) Exception.--The requirements of this section do not apply to a
Special Victims' Counsel of the Coast Guard.
SEC. 550D. <<NOTE: 10 USC 1561 note prec.>> ENHANCING THE
CAPABILITY OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS TO PREVENT
AND COMBAT CHILD SEXUAL EXPLOITATION.
(a) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1384]]
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) <<NOTE: Evaluations.>> 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) <<NOTE: Data.>> 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) <<NOTE: Analysis.>> 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
[[Page 133 STAT. 1385]]
(B) the extent to which each such process achieved a
final disposition favorable to the servicemember.
(4) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Time periods.>> 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;
[[Page 133 STAT. 1386]]
(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 <<NOTE: 10 USC 2001
prec.>> 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. <<NOTE: 10 USC 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) <<NOTE: Recommenda- tions.>> 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 133 STAT. 1387]]
``(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) <<NOTE: Records.>> 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) <<NOTE: Recommenda- tions.>> the subsequent
recommendations and rationale of the Secretary of Education
regarding the establishment of the degree granting authority.
``(2) <<NOTE: Reports. Recommenda- tions.>> 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) <<NOTE: Reports.>> 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 <<NOTE: 10 USC 7401 prec.>> 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. <<NOTE: 10 USC 2017.>> Limitation on establishment
of postsecondary educational institutions
pending notice to Congress
``(a) <<NOTE: Time period.>> 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 <<NOTE: 10 USC 2001 prec.>> is
amended by adding at the end the following new item:
``2017. Limitation on establishment of postsecondary educational
institutions pending notice to Congress.''.
(3) <<NOTE: 10 USC 2017 note.>> Applicability.--Section
2017 of title 10, United States Code, as added by paragraph (1),
shall apply with respect
[[Page 133 STAT. 1388]]
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) <<NOTE: Regulations. Guidelines.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1389]]
``(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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Records. Confidential information.>> 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) <<NOTE: Regulations. Guidelines.>> 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
[[Page 133 STAT. 1390]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> to take action on a
request for transfer under this subsection not later
than 72 hours after receiving the formal request from
the midshipman;
``(ii) subject to the midshipman's acceptance for
admission to the institution of higher education to
which the midshipman wishes to transfer, to approve such
request for transfer unless there are exceptional
circumstances that require denial of the application;
and
``(iii) to take all necessary and appropriate action
to effectuate the midshipman's enrollment in the
institution of higher education to which the midshipman
wishes to transfer and to process the midshipman for
participation in the relevant Senior Reserve Officers'
Training Corps program as expeditiously as possible.
``(3) <<NOTE: Deadline.>> 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) <<NOTE: Records. Confidential information.>> 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:
[[Page 133 STAT. 1391]]
``(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) <<NOTE: Regulations. Guidelines.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> If the Superintendent of the United
States Air Force Academy denies a request for transfer under this
subsection, the
[[Page 133 STAT. 1392]]
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) <<NOTE: Records. Confidential information.>> 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) <<NOTE: 10 USC 9414b note.>> 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. <<NOTE: 10 USC 7431 note.>> 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.
[[Page 133 STAT. 1393]]
(e) <<NOTE: Lists.>> 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. <<NOTE: 10 USC 2007 note.>> INFORMATION ON INSTITUTIONS
OF HIGHER EDUCATION PARTICIPATING IN THE
DEPARTMENT OF DEFENSE TUITION ASSISTANCE
PROGRAM.
(a) <<NOTE: Public information. Web posting.>> 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. <<NOTE: 10 USC 992 note.>> 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. <<NOTE: 10 USC 2015 note.>> 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
[[Page 133 STAT. 1394]]
(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) <<NOTE: List.>> In general.--In carrying out a program
under subsection (a), the Secretary of a military department
shall maintain a list of institutions of higher education (as
that term is defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) through which an individual
participating in the program may obtain a private pilot's
certificate.
(2) Qualifications and standards.--Any institution of higher
education included on a list under paragraph (1), and any course
of instruction toward obtaining a private pilot's certificate
offered by such institution, shall meet such qualifications and
standards as the Secretary shall prescribe for purposes of the
program. <<NOTE: Requirement.>> 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.''.
[[Page 133 STAT. 1395]]
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. <<NOTE: Evaluations.>> 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) <<NOTE: 132
Stat. 1772.>> 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. <<NOTE: 10 USC 8431 note prec.>> 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.--
[[Page 133 STAT. 1396]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Evaluation.>> An evaluation of the guidelines
and resources in place to monitor sick recruits.
(9) <<NOTE: Evaluation.>> An evaluation of how supervisors
evaluate and determine whether a sick recruit should continue
training or further seek medical assistance.
(10) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> An evaluation of how to improve
medical care for recruits.
SEC. 567. REVIEW OF DEPARTMENT OF DEFENSE TRAINING PROGRAMS
REGARDING DISINFORMATION CAMPAIGNS.
(a) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1397]]
to the congressional defense committees regarding the programs, tools,
and resources identified under subsection (a).
SEC. 568. <<NOTE: 10 USC 1144 note.>> 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. <<NOTE: 10 USC 1168 note.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Cost estimate.>> The estimated cost, as
determined by the Secretary, to automate items identified under
paragraphs (1) and (2).
SEC. 570. <<NOTE: 10 USC 10204 note. Deadline.>> 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 133 STAT. 1398]]
SEC. 570A. <<NOTE: 10 USC 1161 note prec.>> 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. <<NOTE: 10 USC 1161 note prec.>> PROHIBITION ON
INVOLUNTARY SEPARATION OF CERTAIN
MEMBERS OF THE ARMED FORCES;
CONSIDERATION OF MILITARY SERVICE IN
REMOVAL DETERMINATIONS.
(a) Prohibition on Involuntary Separation.--
[[Page 133 STAT. 1399]]
(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) <<NOTE: 8 USC 1229 note.>> 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. <<NOTE: Deadline. 10 USC 1142 note.>> 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. <<NOTE: 10 USC 1781 note.>> 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.
[[Page 133 STAT. 1400]]
SEC. 570E. <<NOTE: 10 USC 1781 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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--
[[Page 133 STAT. 1401]]
(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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Determination.>> a determination as to
whether the pilot program should be made permanent; and
(C) <<NOTE: Recommenda- tions.>> recommendations as
to modifications necessary to improve the program if
made permanent.
(c) Termination of Pilot Program.--The pilot program shall terminate
upon submission of the report required by subsection (b)(2).
SEC. 570F. <<NOTE: 10 USC 1142 note.>> CONNECTIONS OF MEMBERS
RETIRING OR SEPARATING FROM THE ARMED
FORCES WITH COMMUNITY-BASED
ORGANIZATIONS AND RELATED ENTITIES.
(a) <<NOTE: Memorandums.>> 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-
[[Page 133 STAT. 1402]]
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. <<NOTE: 10 USC 1144 note.>> 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.
[[Page 133 STAT. 1403]]
(d) <<NOTE: Deadlines.>> 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) <<NOTE: Time period.>> 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.''.
[[Page 133 STAT. 1404]]
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) <<NOTE: 10 USC 1482 note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: 10 USC 1491 note.>> 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
[[Page 133 STAT. 1405]]
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) <<NOTE: Contracts.>> In general.--The Secretary of
Defense shall seek to enter into a cooperative agreement with
the Council of State Governments to assist with funding of the
development of interstate compacts on licensed occupations in
order to alleviate the burden associated with relicensing in
such an occupation by spouse of a members of the armed forces in
connection with a permanent change of duty station of members to
another State.
``(2) Limitation on assistance per compact.--The amount
provided under paragraph (1) as assistance for the development
of any particular interstate compact may not exceed $1,000,000.
``(3) Limitation on total amount of assistance.--The total
amount of assistance provided under paragraph (1) in any fiscal
year may not exceed $4,000,000.
``(4) Annual report.--Not later than February 28 each year,
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a
[[Page 133 STAT. 1406]]
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) <<NOTE: Analysis.>> 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.''.
[[Page 133 STAT. 1407]]
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) <<NOTE: Determination.>> 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) <<NOTE: 10 USC 1791 note.>> 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 <<NOTE: Deadline.>> than December 1, 2020, the Comptroller
General shall submit to the Committees on Armed Services of the Senate
and
[[Page 133 STAT. 1408]]
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) <<NOTE: Deadline. 10 USC 1792 note.>> 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) <<NOTE: 10 USC 1482 note.>> 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. <<NOTE: 10 USC 1475 note prec.>> 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
[[Page 133 STAT. 1409]]
Department of Defense regarding military casualties and Gold Star
families.
(c) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 1566 note.>> INFORMATION AND
OPPORTUNITIES FOR REGISTRATION FOR
VOTING AND ABSENTEE BALLOT REQUESTS FOR
MEMBERS OF THE ARMED FORCES UNDERGOING
DEPLOYMENT OVERSEAS.
(a) <<NOTE: Deadline.>> In General.--Not later than 45 days prior
to a general election for Federal office, a member of the Armed Forces
shall, upon request, be provided with the following:
(1) A Federal write-in absentee ballot prescribed pursuant
to section 103 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20303), together with instructions on the
appropriate use of the ballot with respect to the State in which
the member is registered to vote.
(2) In the case of a member intending to vote in a State
that does not accept the Federal write-in absentee ballot as a
simultaneous application and acceptable ballot for Federal
elections, instructions on, and an opportunity to fill out, the
official post card form for absentee voter registration
application and absentee ballot application prescribed under
section 101(b)(2) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301(b)(2)).
(b) Personnel Responsible of Discharge.--Ballots and instructions
pursuant to paragraph (1) of subsection (a), and briefings and forms
pursuant to paragraph (2) of such subsection, shall be provided by
Voting Assistance Officers or such other personnel as the Secretary of
the military department concerned shall designate.
SEC. 580D. STUDY ON TWO-WAY MILITARY BALLOT BARCODE TRACKING.
(a) Study.--The Director of the Federal Voting Assistance Program of
the Department of Defense shall conduct a study on the feasibility of a
pilot program providing full ballot tracking of overseas military
absentee ballots through the mail stream in a manner that is similar to
the 2016 Military Ballot Tracking Pilot Program conducted by the Federal
Voting Assistance Program.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Director shall submit to Congress a report on the
results of the study conducted under subsection (a). The report shall
include--
(1) <<NOTE: Cost estimate.>> 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) <<NOTE: Timeline.>> 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.
[[Page 133 STAT. 1410]]
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. <<NOTE: 10 USC 1784a note.>> 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. <<NOTE: 14 USC 2904 note.>> 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.
[[Page 133 STAT. 1411]]
(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) <<NOTE: Definition.>> 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. <<NOTE: 10 USC 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
[[Page 133 STAT. 1412]]
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 <<NOTE: 10 USC 1121
prec.>> 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) <<NOTE: Repeal.>> Section 8299 is repealed.
(B) <<NOTE: 10 USC 8291 prec.>> 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. <<NOTE: 10 USC 7271 note.>> 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
[[Page 133 STAT. 1413]]
awarded the Croix de Guerre with Palm (that is, awarded at the
Army level or above) by the Government of France for an action
that occurred between April 6, 1917, and November 11, 1918.
(3) African American war veterans, Asian American war
veterans, Hispanic American war veterans, Jewish American war
veterans, and Native American war veterans who were recommended
for a Medal of Honor for actions that occurred from April 6,
1917, to November 11, 1918, if the Department of Defense
possesses or receives records relating to such recommendation.
(c) Recommendation Based on Review.--If a Secretary concerned
determines, based upon the review under subsection (a), that the award
of the Medal of Honor to a covered World War I veteran is warranted,
such Secretary shall submit to the President a recommendation that the
President award the Medal of Honor to that veteran.
(d) Authority To Award Medal of Honor.--The Medal of Honor may be
awarded to a World War I veteran in accordance with a recommendation of
a Secretary concerned under subsection (c).
(e) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (d) without regard to--
(1) section 7274 or 8298 of title 10, United States Code, as
applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished Service Cross or Navy Cross
has been awarded.
(f) Deadline.--The review under subsection (a) shall terminate not
later than five years after the date of the enactment of this Act.
(g) Definitions.--
(1) In general.--In this section:
(A) African american war veteran.--The term
``African American war veteran'' means any person who
served in the United States Armed Forces between April
6, 1917, and November 11, 1918, and who identified
himself as of African descent on his military personnel
records.
(B) Asian american war veteran.--The term ``Asian
American war veteran'' means any person who served in
the United States Armed Forces between April 6, 1917,
and November 11, 1918, and who identified himself
racially, nationally, or ethnically as originating from
a country in Asia on his military personnel records.
(C) Hispanic american war veteran.--The term
``Hispanic American war veteran'' means any person who
served in the United States Armed Forces between April
6, 1917, and November 11, 1918, and who identified
himself racially, nationally, or ethnically as
originating from a country where Spanish is an official
language on his military personnel records.
(D) Jewish american war veteran.--The term ``Jewish
American war veteran'' mean any person who served in the
United States Armed Forces between April
[[Page 133 STAT. 1414]]
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) <<NOTE: 10 USC 481 note.>> 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--
[[Page 133 STAT. 1415]]
``(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. <<NOTE: 10 USC 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 <<NOTE: 10 USC 2551
prec.>> 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. <<NOTE: 10 USC 480 note prec.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1416]]
(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) <<NOTE: Recommenda- tions.>> Elements.--The report required by
subsection (a) shall include the following:
(1) <<NOTE: Assessments.>> 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) <<NOTE: Analysis.>> 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.
[[Page 133 STAT. 1417]]
(2) Such other recommendations as the Secretary considers
appropriate to improve the effectiveness of the oversight by
Congress of the number of commissioned regular and reserve
officers of the Armed Forces in the grades specified in
subsection (a).
SEC. 596. REPORT ON CERTAIN WAIVERS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter during the two subsequent
calendar years, the Secretary of Defense shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report identifying, with respect to the reporting period for such
report, and disaggregated by Armed Force, the following:
(1) Accession and commission.--
(A) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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
[[Page 133 STAT. 1418]]
(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) <<NOTE: Deadline. Time periods. 10 USC 8013 note.>> 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) <<NOTE: 10 USC 8013 note.>> 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
[[Page 133 STAT. 1419]]
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) <<NOTE: 10 USC 8013 note.>> 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) <<NOTE: 10 USC 8013 note.>> 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) <<NOTE: 10 USC 8013 note.>> 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) <<NOTE: Consultation.>> 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:
[[Page 133 STAT. 1420]]
(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) <<NOTE: List.>> 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) <<NOTE: Overview. Procedures.>> 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) <<NOTE: Analysis.>> 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.
[[Page 133 STAT. 1421]]
(d) State Defined.--In this section, the term ``State'' has the
meaning given that term in section 901 of title 32, United States Code.
SEC. 599. <<NOTE: 10 USC 1565b note.>> 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.
[[Page 133 STAT. 1422]]
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.
[[Page 133 STAT. 1423]]
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.''.
[[Page 133 STAT. 1424]]
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) <<NOTE: Determination.>> The Secretary of Defense may
prescribe a temporary adjustment in the current rates of basic allowance
for housing for a military housing area or a portion thereof (in this
paragraph, `BAH rates') if the Secretary determines that the actual
costs of adequate housing for civilians in that military housing area or
portion thereof differs from the current BAH rates by more than 20
percent.
``(B) Any temporary adjustment in BAH rates under this paragraph
shall remain in effect only until the effective date of the first
adjustment of BAH rates for the affected military housing area that
occurs after the date of the adjustment under this paragraph.
``(C) <<NOTE: Termination date.>> 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. <<NOTE: 37 USC 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.
[[Page 133 STAT. 1425]]
``(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 <<NOTE: 37 USC 451 prec.>> 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. <<NOTE: Effective date. 37 USC 1009 note.>> 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''.
[[Page 133 STAT. 1426]]
(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--
[[Page 133 STAT. 1427]]
``(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) <<NOTE: Time periods.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: 10 USC 1450 note.>> 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) <<NOTE: 10 USC 1450 note.>> 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).
[[Page 133 STAT. 1428]]
(e) <<NOTE: 10 USC 1448 note.>> Restoration of Eligibility for
Previously Eligible Spouses.--The Secretary of the military department
concerned shall restore annuity eligibility to any eligible surviving
spouse who, in consultation with the Secretary, previously elected to
transfer payment of such annuity to a surviving child or children under
the provisions of section 1448(d)(2)(B) of title 10, United States Code,
as in effect on the day before the effective date provided under
subsection (f). Such eligibility shall be restored whether or not
payment to such child or children subsequently was terminated due to
loss of dependent status or death. For the purposes of this subsection,
an eligible spouse includes a spouse who was previously eligible for
payment of such annuity and is not remarried, or remarried after having
attained age 55, or whose second or subsequent marriage has been
terminated by death, divorce or annulment.
(f) <<NOTE: 10 USC 1448 note.>> 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) <<NOTE: 10 USC 1475 note.>> 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.''.
[[Page 133 STAT. 1429]]
Subtitle D--Defense Resale Matters
SEC. 631. DEFENSE RESALE SYSTEM MATTERS.
(a) <<NOTE: Coordination. 10 USC 2481 note.>> 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) <<NOTE: 10 USC 2481 note.>> 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) <<NOTE: 10 USC 2481 note.>> 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. <<NOTE: 10 USC 2484 note.>> 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,
[[Page 133 STAT. 1430]]
regarding the review performed under this
section. <<NOTE: Evaluations.>> 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) <<NOTE: Notification.>> 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
[[Page 133 STAT. 1431]]
may be permitted to use military lodging referred to in subsection
(h).''; and
(4) <<NOTE: Definitions.>> 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) <<NOTE: 10 USC 1065 note.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Time period. 37 USC 908 note.>> 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
[[Page 133 STAT. 1432]]
appropriate housing compensation for such members and their families.
SEC. 653. REPORT ON EXTENSION TO MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES OF SPECIAL AND
INCENTIVE PAYS FOR MEMBERS OF THE ARMED
FORCES NOT CURRENTLY PAYABLE TO MEMBERS OF
THE RESERVE COMPONENTS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the results of a
study, conducted by the Secretary for purposes of the report, on the
feasability and advisability of paying eligible members of the reserve
components of the Armed Forces any special or incentive pay for members
of the Armed Forces that is not currently payable to members of the
reserve components.
(b) Elements.--The report required by subsection (a) shall set forth
the following:
(1) <<NOTE: Cost estimate.>> 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) <<NOTE: Determination. Recommenda- tions.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1433]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Plan.>> A plan to implement the amendments
described in paragraph (2) of subsection (a) in the manner
described in paragraph (1) of that subsection.
(2) <<NOTE: Timeline.>> A timeline for actions required to
implement such amendments in that manner.
(3) <<NOTE: Assessment.>> 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) <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 1434]]
(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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1435]]
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve.
Sec. 702. TRICARE payment options for retirees and their dependents.
Sec. 703. Lead level screening and testing for children.
Sec. 704. Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of periodic health
assessments and other physical examinations.
Sec. 705. Enhancement of recordkeeping with respect to exposure by
members of the Armed Forces to certain occupational and
environmental hazards while deployed overseas.
Sec. 706. Modifications to post-deployment mental health assessments for
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 707. Provision of blood testing for firefighters of Department of
Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle B--Health Care Administration
Sec. 711. Modification of organization of military health system.
Sec. 712. Support by military health system of medical requirements of
combatant commands.
Sec. 713. Requirements for certain prescription drug labels.
Sec. 714. Officers authorized to command Army dental units.
Sec. 715. Improvements to interagency program office of the Department
of Defense and the Department of Veterans Affairs.
Sec. 716. Expansion of strategy to improve acquisition of managed care
support contracts under TRICARE program.
Sec. 717. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 718. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 719. Limitation on the realignment or reduction of military medical
manning end strength.
Sec. 720. Strategy to recruit and retain mental health providers.
Sec. 721. Development of partnerships to improve combat casualty care
for personnel of the Armed Forces.
Sec. 722. Modification to referrals for mental health services.
Subtitle C--Reports and Other Matters
Sec. 731. Authorization of claims by members of the uniformed services
against the United States for personal injury or death caused
by medical malpractice.
Sec. 732. Extension and clarification of authority for Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine.
Sec. 734. Establishment of Academic Health System in National Capital
Region.
Sec. 735. Provision of veterinary services by veterinary professionals
of the Department of Defense in emergencies.
Sec. 736. Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund.
Sec. 737. Preservation of resources of the Army Medical Research and
Materiel Command and continuation as Center of Excellence.
Sec. 738. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 739. National Guard suicide prevention pilot program.
Sec. 740. Pilot Program on civilian and military partnerships to enhance
interoperability and medical surge capability and capacity of
National Disaster Medical System.
Sec. 741. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 742. Modification of requirements for longitudinal medical study on
blast pressure exposure of members of the Armed Forces and
collection of exposure information.
Sec. 743. Study and plan on the use of military-civilian integrated
health delivery systems.
Sec. 744. Study on case management in the military health system.
Sec. 745. Report on Global Health Security Strategy and the National
Biodefense Security.
[[Page 133 STAT. 1436]]
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 <<NOTE: 10 USC 1071
prec.>> is amended--
[[Page 133 STAT. 1437]]
(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) <<NOTE: 10 USC 1097a note.>> Effective Date.--The amendments
made by this section shall apply to health care coverage beginning on or
after January 1, 2021.
SEC. 703. <<NOTE: 10 USC 1077 note.>> 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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1438]]
(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. <<NOTE: 10 USC 1074f note.>> EXPOSURE TO OPEN BURN PITS
AND TOXIC AIRBORNE CHEMICALS OR OTHER
AIRBORNE CONTAMINANTS AS PART OF PERIODIC
HEALTH ASSESSMENTS AND OTHER PHYSICAL
EXAMINATIONS.
(a) Periodic Health Assessment.--The Secretary of Defense shall
ensure that any periodic health assessment provided to members of the
Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a location where an open burn pit
was used; or
(2) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of the
Airborne Hazards and Open Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an assessment of
whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act of
2012 (Public Law 112-260; 38 U.S.C. 527 note), was used; or
``(ii) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of the
registry established by the Secretary of Veterans Affairs under
such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title 10, United
States Code, is amended by adding at the end the following new
subparagraph:
``(D) An assessment of whether the member was--
[[Page 133 STAT. 1439]]
``(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) <<NOTE: Memorandums.>> 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--
[[Page 133 STAT. 1440]]
(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) <<NOTE: 38 USC 527 note.>> 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) <<NOTE: Time periods.>> 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
[[Page 133 STAT. 1441]]
``(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) <<NOTE: 10 USC 1074m note.>> 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. <<NOTE: 10 USC 1074m note.>> PROVISION OF BLOOD TESTING
FOR FIREFIGHTERS OF DEPARTMENT OF DEFENSE
TO DETERMINE EXPOSURE TO PERFLUOROALKYL
AND POLYFLUOROALKYL SUBSTANCES.
(a) <<NOTE: Effective date.>> 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)--
[[Page 133 STAT. 1442]]
(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) <<NOTE: Determination. Coordination.>> to determine,
in coordination with each Secretary of a military department,
manning, including joint manning, assigned to military medical
treatment facilities and intermediary organizations;
``(G) to select, after considering nominations from the
Secretaries of the military departments, commanders or directors
of military medical treatment facilities;''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting ``on behalf of the military
departments,'' before ``ensuring''; and
(ii) by striking ``and civilian employees'';
and
(B) in subparagraph (B), by inserting ``on behalf of
the Defense Health Agency,'' before ``furnishing''.
(b) DHA Assistant Director.--Subsection (b)(2) of such section is
amended by striking ``equivalent education and experience'' and all that
follows and inserting ``the education and experience to perform the
responsibilities of the position.''.
(c) DHA Deputy Assistant Directors.--Subsection (c) of such section
is amended--
(1) in paragraph (2)(B), by striking ``across the military
health system'' and inserting ``at military medical treatment
facilities''; and
(2) in paragraph (4)(B), by inserting ``at military medical
treatment facilities'' before the period at the end.
(d) Treatment of Department of Defense for Purposes of Personnel
Assignment.--Such section is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
[[Page 133 STAT. 1443]]
``(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) <<NOTE: Definition.>> 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 <<NOTE: 10 USC 1073c note.>> 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;
[[Page 133 STAT. 1444]]
(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'';
[[Page 133 STAT. 1445]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: 10 USC 1073c note.>> is
amended to read as follows:
[[Page 133 STAT. 1446]]
``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) <<NOTE: Deadline. 10 USC 1074g note.>> Implementation.--
Beginning not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall implement subsection (h) of section
1074g of title 10, United States Code, as added by subsection (a).
SEC. 714. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
Section 7081(d) of title 10, United States Code, is amended by
striking ``Dental Corps Officer'' and inserting ``commissioned officer
of the Army Medical Department''.
SEC. 715. IMPROVEMENTS TO INTERAGENCY PROGRAM OFFICE OF THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Leadership.--Subsection (c) of section 1635 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is
amended to read as follows:
``(c) Leadership.--
``(1) Director.--The Director of the Office shall be the
head of the Office.
``(2) Deputy director.--The Deputy Director of the Office
shall be the deputy head of the Office and shall assist the
Director in carrying out the duties of the Director.
``(3) Reporting.--The Director shall report directly to the
Deputy Secretary of Defense and the Deputy Secretary of Veterans
Affairs.
``(4) Appointments.--
``(A) Director.--The Director shall be appointed by
the Secretary of Defense, with the concurrence of the
Secretary of Veterans Affairs, for a fixed term of four
years. For the subsequent term, the Secretary of
Veterans Affairs, with the concurrence of the Secretary
of Defense, shall appoint the Director for a fixed term
of four years, and thereafter, the appointment of the
Director for a fixed term of four years shall alternate
between the Secretaries.
[[Page 133 STAT. 1447]]
``(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) <<NOTE: Testimony. Briefing.>> 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) <<NOTE: Strategy.>> 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.
[[Page 133 STAT. 1448]]
``(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--
[[Page 133 STAT. 1449]]
``(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) <<NOTE: Contracts. Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1450]]
``(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) <<NOTE: Time period.>> Clinical and patient
satisfaction survey.--Beginning October 1, 2021, and on at least
a biannual basis thereafter until 2025 at the earliest, the
Office shall undertake a clinician and patient satisfaction
survey regarding clinical use and patient experience with the
electronic health record systems of the Department of Defense
and the Department of Veterans Affairs.''.
(e) Resources and Staffing.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, including the assignment of clinical or
technical personnel of the Department of Defense or the
Department of Veterans Affairs to the Office''; and
(2) by adding at the end the following new paragraphs:
``(3) Cost sharing.--The Secretary of Defense and the
Secretary of Veterans shall enter into an agreement on cost
sharing and providing resources for the operations and staffing
of the Office.
``(4) Hiring authority.--The Secretary of Defense and the
Secretary of Veterans Affairs shall delegate to the Director the
authority under title 5, United States Code, regarding
appointments in the competitive service to hire personnel of the
Office.''.
(f) Reports.--Subsection (h) of such section is amended to read as
follows:
``(h) Reports.--
``(1) Annual reports.--Not later than September 30, 2020,
and each year thereafter through 2024, the Director shall submit
to the Secretary of Defense and the Secretary of Veterans
Affairs, and to the appropriate committees of Congress, a report
on the activities of the Office during the preceding calendar
year. Each report shall include the following:
``(A) A detailed description of the activities of
the Office during the year covered by such report,
including a detailed description of the amounts expended
and the purposes for which expended.
``(B) With respect to the objectives of the strategy
under paragraph (2)(C) of subsection (b), and the
purposes of the Office under such subsection--
[[Page 133 STAT. 1451]]
``(i) <<NOTE: Assessment.>> 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) <<NOTE: Financial summary. Assessment.>> 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) <<NOTE: Public information.>> 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,
[[Page 133 STAT. 1452]]
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
[[Page 133 STAT. 1453]]
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. <<NOTE: 10 USC 1071 note.>> INCLUSION OF BLAST EXPOSURE
HISTORY IN MEDICAL RECORDS OF MEMBERS OF
THE ARMED FORCES.
(a) <<NOTE: Coordination.>> 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. <<NOTE: 10 USC 1074 note.>> COMPREHENSIVE POLICY FOR
PROVISION OF MENTAL HEALTH CARE TO MEMBERS
OF THE ARMED FORCES.
(a) <<NOTE: Deadline.>> 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;
[[Page 133 STAT. 1454]]
(B) medication-assisted therapy for alcohol use
disorders; and
(C) medication-assisted therapy for opioid use
disorders.
(2) The access and availability of mental health care
services to members who are victims of sexual assault or
domestic violence.
(3) The availability of naloxone reversal capability on
military installations.
(4) The promotion of referrals of members by civilian health
care providers to military medical treatment facilities when
such members are--
(A) at high risk for suicide and diagnosed with a
psychiatric disorder; or
(B) receiving treatment for opioid use disorders.
(5) The provision of comprehensive behavioral health
treatment to members of the reserve components that takes into
account the unique challenges associated with the deployment
pattern of such members and the difficulty such members
encounter post-deployment with respect to accessing such
treatment in civilian communities.
(c) Consideration.--In developing the policy under subsection (a),
the Secretary of Defense shall solicit and consider recommendations from
the Secretaries of the military departments and the Chairman of the
Joint Chiefs of Staff regarding the feasibility of implementation and
execution of particular elements of the policy.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of the policy under
subsection (a).
SEC. 719. LIMITATION ON THE REALIGNMENT OR REDUCTION OF MILITARY
MEDICAL MANNING END STRENGTH.
(a) Limitation.--Except as provided by subsection (d), the Secretary
of Defense and the Secretaries concerned may not realign or reduce
military medical end strength authorizations until--
(1) each review is conducted under paragraph (1) of
subsection (b);
(2) each analysis is conducted under paragraph (2) of such
subsection;
(3) the measurement is developed under paragraph (3) of such
subsection;
(4) each plan and forum is provided under paragraph (4) of
such subsection; and
(5) <<NOTE: Time period.>> 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) <<NOTE: Coordination.>> 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--
[[Page 133 STAT. 1455]]
(A) identifies affected billets; and
(B) <<NOTE: Plan.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Plan.>> 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.
[[Page 133 STAT. 1456]]
(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 <<NOTE: Reports.>> 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. <<NOTE: 10 USC 1071 note.>> 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.
[[Page 133 STAT. 1457]]
(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. <<NOTE: 10 USC 1071 note.>> MODIFICATION TO REFERRALS
FOR MENTAL HEALTH SERVICES.
If the Secretary <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 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) <<NOTE: Deadline.>> 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).
[[Page 133 STAT. 1458]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Procedures.>> Policies and procedures to
ensure the timely, efficient, and effective processing and
administration of claims under this section, including--
``(i) the filing, receipt, investigation, and
evaluation of a claim;
``(ii) the negotiation, settlement, and payment of a
claim;
``(iii) such other matters relating to the
processing and administration of a claim, including an
administrative appeals process, as the Secretary
considers appropriate.
``(B) <<NOTE: Standards.>> 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
[[Page 133 STAT. 1459]]
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) <<NOTE: Deadline. Public comment.>> 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 <<NOTE: 10 USC 2731
prec.>> 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.''.
[[Page 133 STAT. 1460]]
(b) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 2733a note.>> 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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 1461]]
(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) <<NOTE: 10 USC 178 note.>> 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. <<NOTE: 10 USC 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) <<NOTE: Appointments.>> 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
[[Page 133 STAT. 1462]]
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 <<NOTE: 10 USC 2112 prec.>> is amended by
inserting after the item relating to section 2113a the following new
item:
``2113b. Academic Health System.''.
SEC. 735. PROVISION OF VETERINARY SERVICES BY VETERINARY
PROFESSIONALS OF THE DEPARTMENT OF DEFENSE
IN EMERGENCIES.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1060c. <<NOTE: 10 USC 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)).''.
[[Page 133 STAT. 1463]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title <<NOTE: 10 USC 1030 prec.>> 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. <<NOTE: Effective dates.>> 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) <<NOTE: Consultation.>> 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,
[[Page 133 STAT. 1464]]
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. <<NOTE: 10 USC 10219 note.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1465]]
(2) <<NOTE: Time period. Assessment.>> 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) <<NOTE: Assessment.>> An assessment of
the effectiveness of the pilot program.
(iii) A description of costs associated with
the implementation of the pilot program.
(iv) <<NOTE: Cost estimate.>> The estimated
costs of making the pilot program permanent.
(v) <<NOTE: Recommenda- tions.>> A
recommendation as to whether the pilot program
should be extended or made permanent.
(vi) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 1096 note.>> 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.
[[Page 133 STAT. 1466]]
(b) <<NOTE: Time period.>> Duration.--The Secretary of Defense may
carry out the pilot program under subsection (a) for a period of not
more than five years.
(c) Locations.--The Secretary shall carry out the pilot program
under subsection (a) at not fewer than five aeromedical or other
transport hub regions or logistics centers in the United States.
(d) <<NOTE: Collaboration.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1467]]
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) <<NOTE: Time periods.>> 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--
[[Page 133 STAT. 1468]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> A description and
assessment of any impediments to the effectiveness of
such programs and activities.
(D) <<NOTE: Recommenda- tions.>> Such
recommendations as the Comptroller General considers
appropriate for improvements to such programs and
activities.
(E) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1469]]
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) <<NOTE: 10 USC 2001 note prec.>> 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.
[[Page 133 STAT. 1470]]
SEC. 743. STUDY AND PLAN ON THE USE OF MILITARY-CIVILIAN
INTEGRATED HEALTH DELIVERY SYSTEMS.
(a) Study.--The Secretary of Defense shall conduct a study on the
use of local military-civilian integrated health delivery systems
pursuant to section 706 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1096 note). The study
shall examine the following:
(1) Geographic locations where military medical treatment
facilities have existing contractual relationships with local
civilian health care networks, including Fort Drum, New York,
Joint Base McGuire-Dix-Lakehurst, New Jersey, Joint Base Lewis-
McCord, Washington, Fort Leonard Wood, Missouri, Elmendorf Air
Force Base, Alaska, Fort Sill, Oklahoma, Tripler Army Medical
Center, Hawaii, the National Capital Region, and similar
locations.
(2) Health care activities that promote value-based care,
measurable health outcomes, patient safety, timeliness of
referrals, and transparent communication with covered
beneficiaries.
(3) Locations where health care providers of the Department
of Defense may be able to attain critical wartime readiness
skills in a local integrated military-civilian integrated health
delivery system.
(4) The cost of providing care under an integrated military-
civilian integrated health delivery system as compared to health
care provided by a managed care support contractor.
(b) Plan.--The Secretary of Defense shall develop a plan for the
further development of the use of local military-civilian integrated
health delivery systems by the Department of Defense.
(c) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate--
(1) <<NOTE: Reports.>> 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) <<NOTE: Evaluation.>> 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.
[[Page 133 STAT. 1471]]
(4) <<NOTE: Evaluation.>> 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) <<NOTE: Review.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Recommenda- tions.>> 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;
[[Page 133 STAT. 1472]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> An assessment of the need and
feasibility of establishing a wounded warrior service dog
program.
(2) <<NOTE: Assessment.>> 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) <<NOTE: Standards.>> possess the appropriate
accreditation standards for assistance dogs, as the
Secretary determines appropriate.
(3) <<NOTE: List.>> A list of locations at which the
greatest number of covered members are likely to participate in
a wounded warrior service dog program.
(4) <<NOTE: Cost estimate.>> An estimate of the costs
required to create a wounded warrior service dog program.
(5) <<NOTE: List.>> 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.--
[[Page 133 STAT. 1473]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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
[[Page 133 STAT. 1474]]
not bring such an action, based on an examination of all
relevant data relating to clinical outcome measures and
clinical quality management process actions; and
(B) a comparison of--
(i) the elements and average amounts of death
and disability compensation that apply regardless
of the underlying cause of the death or
disability; and
(ii) the elements and average amounts of
settlements that result from medical malpractice
litigation against the Federal Government.
SEC. 748. REPORTS ON MILLENNIUM COHORT STUDY RELATING TO WOMEN
MEMBERS OF THE ARMED FORCES.
(a) Annual Reports Required.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter through January
31, 2022, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
on findings of the Millennium Cohort Study relating to the gynecological
and perinatal health of women members of the Armed Forces.
(b) Matters Included.--Each report under subsection (a) shall
include, at a minimum--
(1) <<NOTE: Summary.>> 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) <<NOTE: Assessments.>> 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
[[Page 133 STAT. 1475]]
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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1476]]
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.
[[Page 133 STAT. 1477]]
Sec. 854. Addition of domestically produced stainless steel flatware and
dinnerware to the Berry Amendment.
Sec. 855. Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program.
Sec. 856. Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate Program.
Sec. 857. Sense of Congress regarding consideration of price in
procurement of the FFG(X) frigate.
Subtitle F--Provisions Relating to Acquisition Workforce
Sec. 860. Establishment of Defense Civilian Training Corps.
Sec. 861. Defense acquisition workforce certification, education, and
career fields.
Sec. 862. Software development and software acquisition training and
management programs.
Sec. 863. Modification of temporary assignments of Department of Defense
employees to a private-sector organization.
Sec. 864. Incentives and consideration for qualified training programs.
Sec. 865. Use of qualified apprentices by military construction
contractors.
Subtitle G--Small Business Matters
Sec. 870. Requirements relating to credit for certain small business
concern subcontractors.
Sec. 871. Inclusion of best in class designations in annual report on
small business goals.
Sec. 872. Reauthorization and improvement of Department of Defense
Mentor-Protege Program.
Sec. 873. Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act.
Sec. 874. Postaward explanations for unsuccessful offerors for certain
contracts.
Sec. 875. Small business contracting credit for subcontractors that are
Puerto Rico businesses or covered territory businesses.
Sec. 876. Technical amendment regarding treatment of certain surviving
spouses under the definition of small business concern owned
and controlled by service-disabled veterans.
Sec. 877. Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond periods
of military conflict.
Sec. 878. Modification to the Defense Research and Development Rapid
Innovation Program.
Sec. 879. Alignment of the Department of Defense Small Business
Innovation Research Program and Small Business Technology
Transfer Program with the National Defense Science and
Technology Strategy.
Sec. 880. Assistance for small business concerns participating in the
SBIR and STTR programs.
Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs.
Sec. 882. Funding for defense research activities of small business
concerns.
Sec. 883. Modifications to budget display requirements for the
Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program.
Sec. 884. Pilot program for domestic investment under the SBIR program.
Subtitle H--Other Matters
Sec. 885. Review of guidance to contractors on nondiscrimination on the
basis of sex.
Sec. 886. Comptroller General report on contractor violations of certain
labor laws.
Sec. 887. Comptroller General report on contingency contracting.
Sec. 888. Policies and procedures for contractors to report gross
violations of internationally recognized human rights.
Sec. 889. Comptroller General report on oversight of contractors
providing private security functions.
Sec. 890. Prohibition on contracting with persons that have business
operations with the Maduro regime.
Sec. 891. Report on the Combating Trafficking in Persons initiative.
Sec. 892. Improved management of information technology and cyberspace
investments.
Sec. 893. Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts.
[[Page 133 STAT. 1478]]
Subtitle A--Acquisition Policy and Management
SEC. 800. <<NOTE: 10 USC 2223a note.>> 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.--
[[Page 133 STAT. 1479]]
(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) <<NOTE: Consultation.>> 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;
[[Page 133 STAT. 1480]]
(6) planning for support of software capabilities in cases
where the software developer may stop supporting the software;
(7) rapid contracting procedures, including expedited
timeframes for making awards, selecting contract types, defining
teaming arrangements, and defining options;
(8) program execution processes, including supporting
development and test infrastructure, automation and tools,
digital engineering, data collection and sharing with Department
of Defense oversight organizations and with Congress, the role
of developmental and operational testing activities, key
decision making and oversight events, and supporting processes
and activities (such as independent costing activity,
operational demonstration, and performance metrics);
(9) assurances that cybersecurity metrics of the software to
be acquired or developed, such as metrics relating to the
density of vulnerabilities within the code of such software, the
time from vulnerability identification to patch availability,
the existence of common weaknesses within such code, and other
cybersecurity metrics based on widely-recognized standards and
industry best practices, are generated and made available to the
Department of Defense and the congressional defense committees;
(10) administrative procedures, including procedures related
to who may initiate and approve an acquisition under this
authority, the roles and responsibilities of the implementing
project or product teams and supporting activities, team
selection and staffing process, governance and oversight roles
and responsibilities, and appropriate independent technology
assessments, testing, and cost estimation (including relevant
thresholds or designation criteria);
(11) mechanisms and waivers designed to ensure flexibility
in the implementation of a pathway under this section, including
the use of other transaction authority, broad agency
announcements, and other procedures; and
(12) mechanisms the Secretary will use for appropriate
reporting to Congress on the use of this authority, including
notice of initiation of the use of a pathway and data regarding
individual programs or acquisition activities, how acquisition
activities are reflected in budget justification materials or
requests to reprogram appropriated funds, and compliance with
other reporting requirements.
(e) Guidance Required.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Expiration date.>> 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.--
[[Page 133 STAT. 1481]]
(1) <<NOTE: Consultation.>> 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) <<NOTE: Summary. List. Cost estimate.>> 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) <<NOTE: Recommenda- tions.>> Recommendations
for legislative changes to the authority under this
section.
(E) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 2322 note.>> PILOT PROGRAM ON
INTELLECTUAL PROPERTY EVALUATION FOR
ACQUISITION PROGRAMS.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1482]]
(b) <<NOTE: Assessments.>> Activities.--Activities carried out
under the pilot program may include the following:
(1) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Coordination.>> 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. <<NOTE: Assessments.>> 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;
[[Page 133 STAT. 1483]]
(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. <<NOTE: 10 USC 2305 note.>> 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) <<NOTE: Deadlines. Notifications.>> 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) <<NOTE: Briefing.>> 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.
[[Page 133 STAT. 1484]]
``(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) <<NOTE: Reports. Time period.>> The Under Secretary
of Defense for Acquisition and Sustainment, or a designee, shall
produce an annual report identifying offerors that have denied
multiple requests for submission of uncertified cost or pricing
data over the preceding three-year period, but nevertheless
received an award. <<NOTE: Analysis.>> 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. <<NOTE: Assessment. Strategies.>> 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;
[[Page 133 STAT. 1485]]
(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) <<NOTE: Repeal.>> 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) <<NOTE: 41 USC 1122 note.>> Revision to the Federal Procurement
Data System.-- <<NOTE: Deadline. Coordination.>> 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
[[Page 133 STAT. 1486]]
should include decisions on the use of the various types of
fixed price contracts, including fixed-price incentive
contracts.
(2) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: 22 USC 2762 note.>> Delayed Implementation of
Regulations Requiring the Use of Fixed-Price Contracts for Foreign
Military Sales.--The <<NOTE: Effective date.>> 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
[[Page 133 STAT. 1487]]
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 <<NOTE: 10 USC 171 prec.>> 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. <<NOTE: Determination.>> 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) <<NOTE: Determination.>> A task or delivery order contract in
an amount estimated to exceed $100,000,000 (including all options) may
be awarded to a single source without the written determination
otherwise required under subparagraph (A) if the head of the agency has
[[Page 133 STAT. 1488]]
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 <<NOTE: 132 Stat. 1867.>> 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)--
[[Page 133 STAT. 1489]]
(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. <<NOTE: Summary.>> 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. <<NOTE: 10 USC 2339b.>> Notification of Navy
procurement production disruptions
``(a) <<NOTE: Deadline. Time period.>> 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.
[[Page 133 STAT. 1490]]
``(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, <<NOTE: 10 USC 2301
prec.>> 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. <<NOTE: 10 USC 2304 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> a review of the financial
effect of the change to the justification and approval
requirement in subsection
[[Page 133 STAT. 1491]]
(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) <<NOTE: Deadline.>> In General.--In implementing section 846 of
the National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 41 U.S.C. 1901 note), the Administrator of General Services
shall submit to the appropriate congressional committees, not later than
one year after the first contract is awarded pursuant to such section, a
cost estimate for the three models for commercial e-commerce portals
identified in section 4.1 of ``Procurement Through Commercial E-Commerce
Portals Phase II Report: Market Research & Consultation'' issued by the
Administrator in April 2019.
(b) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the Senate and House
of Representatives.
(2) The Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and Reform
of the House of Representatives.
(3) The Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House of
Representatives.
[[Page 133 STAT. 1492]]
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.--
<<NOTE: Deadline. Methodology.>> 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) <<NOTE: Deadline. Recommenda- tions.>> 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
[[Page 133 STAT. 1493]]
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. <<NOTE: 10 USC 2366a note.>> ANALYSIS OF ALTERNATIVES
PURSUANT TO MATERIEL DEVELOPMENT
DECISIONS.
(a) <<NOTE: Deadlines. Update. Study.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Waiver.>> For a waiver, the basis for use of
the waivers, including the reasons why the study cannot be
completed within the allotted time.
(2) <<NOTE: Study. Estimates.>> 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--
[[Page 133 STAT. 1494]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Review.>> 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. <<NOTE: 10 USC 2361a.>> Extramural acquisition
innovation and research activities
``(a) <<NOTE: Coordination.>> 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) <<NOTE: Analyses.>> 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
[[Page 133 STAT. 1495]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Data. Coordination.>> 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) <<NOTE: Review.>> On an ongoing basis, a review of
the implementation of recommendations contained in relevant
Department of Defense and private sector studies on acquisition
policies and practices, including--
``(A) for recommendations for the enactment of
legislation, identify the extent to which the
recommendations have been enacted into law by Congress;
``(B) for recommendations for the issuance of
regulations, identify the extent to which the
recommendations have been adopted through the issuance
or revision of regulations;
``(C) for recommendations for revisions to policies
and procedures in the executive branch, identify the
extent to which the recommendations have been adopted
through issuance of an appropriate implementing
directive or other form of guidance; and
``(D) for recommendations for the resources required
to implement recommendations contained in relevant
Department of Defense and private sector studies on
acquisition policies and practices.
``(6) Engagement with researchers and acquisition
professionals in the Department of Defense, as appropriate.
``(e) Funding.--Subject to the availability of appropriations, the
Secretary may use amounts available in the Defense Acquisition
[[Page 133 STAT. 1496]]
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 <<NOTE: 10 USC 2351 prec.>> is
amended by inserting after the item relating to section 2361 the
following new item:
``2361a. Extramural acquisition innovation and research activities.''.
(3) <<NOTE: 10 USC 2361a note.>> 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) <<NOTE: 10 USC 2361a note.>> Records of the Section 809
Panel.--
(1) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1497]]
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. <<NOTE: 10 USC 2302 note.>> 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) <<NOTE: Effective date.>> 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.
[[Page 133 STAT. 1498]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Effective date.>> 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:
[[Page 133 STAT. 1499]]
``(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.-- <<NOTE: Deadline. Notification.>> Not later than
February 1, 2020, the Chief Information Officer of the
Department of Defense shall submit to the congressional defense
committees a notification that the information technology
enterprise architecture required under subparagraph (B) of
section 2222(e)(4) of title 10, United States Code--
(A) has been established, including a schedule for
implementing the plan required under such subparagraph
(B) and a schedule for integrating the defense business
enterprise architecture into the information technology
enterprise architecture (as required under subparagraph
(A) of such section); or
(B) has not been established, and include a schedule
for--
(i) establishing such architecture;
(ii) implementing the plan required under such
subparagraph (B); and
(iii) integrating the defense business
enterprise architecture into the information
technology enterprise architecture (as required
under subparagraph (A) of such section).
SEC. 840. IMPLEMENTATION GUIDANCE FOR USE OF A MODULAR OPEN SYSTEM
APPROACH.
(a) Guidance for Program Capabilities Development and Acquisition
Weapon System Design.--Section 2446b of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(f) Implementation Guidance.--The Secretaries of the military
departments shall issue guidance to implement the requirements of this
section.''.
(b) Guidance for Major System Interfaces.--Section 2446c of title
10, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
adding ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) issue guidance to implement the requirements of this
section.''.
[[Page 133 STAT. 1500]]
SEC. 841. LIMITATION ON AVAILABILITY OF FUNDS FOR THE OFFICE OF
THE CHIEF MANAGEMENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
<<NOTE: Effective date.>> 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. <<NOTE: 10 USC 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) <<NOTE: Coordination.>> 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
[[Page 133 STAT. 1501]]
``(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) <<NOTE: Assessment.>> 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;
[[Page 133 STAT. 1502]]
``(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) <<NOTE: Consultation. Assessments.>> 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.
[[Page 133 STAT. 1503]]
``(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) <<NOTE: Deadline. Schedule.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadlines.>> Comptroller General Reviews.--
``(1) <<NOTE: Time period.>> Briefing.--Not later than
February 15, 2020, the Comptroller General of the United States
shall brief the congressional defense committees on Department
of Defense efforts over the previous 5 years to continuously
assess and mitigate risks to the defense industrial base across
the acquisition process, and a summary of current and planned
efforts.
``(2) Periodic assessments.--The Comptroller General shall
submit to the congressional defense committees three periodic
assessments of Department of Defense progress in implementing
the framework required under subsection (b), to be provided not
later than October 15, 2020, March 15, 2022, and March 15,
2024.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 148 of such title <<NOTE: 10 USC 2501 prec.>>
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.-- <<NOTE: Deadline.>> 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--
[[Page 133 STAT. 1504]]
(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) <<NOTE: List.>> 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) <<NOTE: Timeline.>> 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. <<NOTE: 10 USC 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) <<NOTE: Summary.>> 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--
[[Page 133 STAT. 1505]]
``(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 <<NOTE: 10 USC 2501 prec.>> 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. <<NOTE: 10 USC 2509 note.>> 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) <<NOTE: Procedures.>> 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:
[[Page 133 STAT. 1506]]
(A) <<NOTE: Requirements. Disclosures.>> 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) <<NOTE: Update.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Procedures.>> 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.
[[Page 133 STAT. 1507]]
(ii) Pursuant to section 831(c), designation
of the appropriate Department of Defense official
responsible to approve and to take actions
relating to award, modification, termination of a
contract, or direction to modify or terminate a
subcontract due to an assessment by the Defense
Counterintelligence and Security Agency, or its
successor organization, that a covered contractor
or subcontractor under FOCI poses a risk to
national security or potential risk of compromise.
(iii) A requirement for the provision of
additional information regarding beneficial
ownership and control of any covered contractor or
subcontractor on the contract or subcontract.
(iv) Other measures as necessary to be
consistent with other relevant practices,
policies, regulations, and actions, including
those under the National Industrial Security
Program.
(c) Applicability to Contracts and Subcontracts for Commercial
Products and Services and Other Forms of Acquisition Agreements.--
(1) Commercial products and services.--The requirements
under subsection (b)(2)(A) and (b)(2)(C) shall not apply to a
contract or subcontract for commercial products or services,
unless a designated senior Department of Defense official
specifically requires the applicability of subsections (b)(2)(A)
and (b)(2)(C) based on a determination by the designated senior
official that the contract or subcontract involves a risk or
potential risk to national security or potential compromise
because of sensitive data, systems, or processes, such as
personally identifiable information, cybersecurity, or national
security systems.
(2) Research and development and procurement activities.--
The Secretary of Defense shall ensure that the requirements of
this section are applied to research and development and
procurement activities, including for the delivery of services,
established through any means including those under section
2358(b) of title 10, United States Code.
(d) Availability of Resources.--The Secretary shall ensure that
sufficient resources, including subject matter expertise, are allocated
to execute the functions necessary to carry out this section, including
the assessment, mitigation, contract administration, and oversight
functions.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit or modify any other procurement policy, procedure,
requirement, or restriction provided by law, including section 721 of
the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by the
Foreign Interference Risk Review Modernization Act of 2018 (subtitle A
of title XVII of Public Law 115-232).
(f) Availability of Beneficial Ownership Data.--
(1) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1508]]
(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. <<NOTE: 10 USC 2302 note.>> 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
[[Page 133 STAT. 1509]]
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. <<NOTE: 50 USC 89d note.>> 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) <<NOTE: Assessments.>> Report on Supply Chain Issues for Rare
Earth Materials.--Not later than 180 days <<NOTE: Coordination.>> 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) <<NOTE: Estimate.>> A estimate of the needs of the
United States for rare earth materials--
[[Page 133 STAT. 1510]]
(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) <<NOTE: Strategy. Plan.>> 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. <<NOTE: 10 USC 2283 note.>> 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) <<NOTE: Coordination.>> 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).
[[Page 133 STAT. 1511]]
(3) Small business innovation research program.--The term
``Small Business Innovation Research Program'' has the meaning
given the term in section 9(e)(4) of the Small Business Act (15
U.S.C. 638(e)).
(4) Small business technology transfer program.--The term
``Small Business Technology Transfer Program'' has the meaning
given the term in section 9(e)(6) of the Small Business Act (15
U.S.C. 638(e)).
(5) Technology-enhanced capability.--The term ``technology-
enhanced capability'' means a product, concept, or process that
improves the ability of a member of the Armed Forces to achieve
an assigned mission.
SEC. 852. AUTHORIZED OFFICIAL TO CARRY OUT THE PROCUREMENT
TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) <<NOTE: Effective date. 10 USC 2411 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 221 note.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: Definition.>> For purposes of this
subsection, the term `auxiliary ship' does not include an icebreaker or
a special mission ship.''.
[[Page 133 STAT. 1512]]
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) <<NOTE: 10 USC 2533a note.>> 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) <<NOTE: 10 USC 2533a note.>> Repeal.--Effective
September 30, 2023, such paragraphs (3) and (4) are repealed.
(b) Report.--
(1) <<NOTE: Survey. Cost assessment. Recommenda- tions.>>
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) <<NOTE: Analysis.>> 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) <<NOTE: Cost estimate.>> 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.
[[Page 133 STAT. 1513]]
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-- <<NOTE: 10 USC 2200g prec.>> DEFENSE CIVILIAN TRAINING
CORPS
``Sec. 2200g. Establishment.
``Sec. 2200h. Program elements.
``Sec. 2200i. Model authorities.
``Sec. 2200j. Definitions.
``SEC. 2200g. <<NOTE: 10 USC 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.
[[Page 133 STAT. 1514]]
``SEC. 2200h. <<NOTE: 10 USC 2200h.>> PROGRAM ELEMENTS.
``In <<NOTE: Determination.>> establishing the program, the
Secretary of Defense shall determine the following:
``(1) <<NOTE: Methodology.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Criteria.>> 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. <<NOTE: 10 USC 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. <<NOTE: 10 USC 2200j.>> 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) <<NOTE: Deadlines. Plans. Schedules. 10 USC 2200g note.>>
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. <<NOTE: List. Recommenda- tions.>> 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
[[Page 133 STAT. 1515]]
defense committees a full implementation plan and schedule to
expand the Defense Civilian Training Corps program to at least
20 accredited civilian educational institutions with not fewer
than 400 members enrolled in the program not later than August
1, 2023.
SEC. 861. DEFENSE ACQUISITION WORKFORCE CERTIFICATION, EDUCATION,
AND CAREER FIELDS.
(a) Professional Certification Requirement.--
(1) Professional certification required for all acquisition
workforce personnel.--Section 1701a of title 10, United States
Code, is amended--
(A) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Professional Certification.--(1) In General.--The Secretary of
Defense shall implement a certification program to provide for a
professional certification requirement for all members of the
acquisition workforce. Except as provided in paragraph (2), the
certification requirement for any acquisition workforce career field
shall be based on standards developed by a third-party accredited
program based on nationally or internationally recognized standards.
``(2) <<NOTE: Determinations.>> 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
[[Page 133 STAT. 1516]]
(B) in subsection (b)(1), by striking ``encourage''
and inserting ``direct''.
(5) <<NOTE: Procedures. 10 USC 1701a note.>> 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)--
[[Page 133 STAT. 1517]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Time period. 10 USC 1701a note.>> 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.--
<<NOTE: Regulations.>> 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:
[[Page 133 STAT. 1518]]
``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 <<NOTE: 10 USC 1721 prec.>> 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 <<NOTE: 10 USC 1721 prec.>> 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 <<NOTE: 10 USC 1701
prec.>> is amended to read as follows:
``II. Acquisition Positions And Acquisition Workforce Career
Fields...........................................................1721''.
(4) <<NOTE: Time period. 10 USC 1721 note.>> 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) <<NOTE: 10 USC 1722b note.>> Plan for implementation of
key work experiences.-- <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 1765.>> Competency development
``For each acquisition workforce career field, the Secretary of
Defense shall--
[[Page 133 STAT. 1519]]
``(1) <<NOTE: Standards.>> establish, for the civilian
personnel in that career field, defined proficiency standards
and technical and nontechnical competencies which shall be used
in personnel qualification assessments; and
``(2) assign resources to accomplish such technical and
nontechnical competencies.''.
(2) The table of sections at the beginning of such
subchapter II <<NOTE: 10 USC 1761 prec.>> is amended by adding
at the end the following new item:
``1765. Competency development.''.
(3) <<NOTE: 10 USC 1765 note.>> 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) <<NOTE: 10 USC 1731 note.>> 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) <<NOTE: Repeals.>> 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 <<NOTE: 10 USC 1731 prec.>> 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 <<NOTE: 10 USC 1731 prec.>> 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 <<NOTE: 10 USC 1701
prec.>> is amended to read as follows:
``III. Critical Acquisition Positions............................1731''.
[[Page 133 STAT. 1520]]
(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. <<NOTE: 10 USC 1741 note.>> SOFTWARE DEVELOPMENT AND
SOFTWARE ACQUISITION TRAINING AND
MANAGEMENT PROGRAMS.
(a) Establishment of Software Development and Software Acquisition
Training and Management Programs.--
(1) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1521]]
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) <<NOTE: Assessment.>> an independent assessment
conducted by the Defense Innovation Board of the
progress made on implementing the programs established
under subsection (a)(1); and
(E) <<NOTE: Recommenda- tions.>> any
recommendations for changes to existing law to
facilitate the implementation of the programs
established under subsection (a)(1).
[[Page 133 STAT. 1522]]
(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. <<NOTE: 10 USC 2409a.>> Incentives and
consideration for qualified training programs
``(a) Incentives.--The Secretary of Defense shall develop workforce
development investment incentives for a contractor that implements a
qualified training program to develop the workforce
[[Page 133 STAT. 1523]]
of the contractor in a manner consistent with the needs of the
Department of Defense.
``(b) <<NOTE: Revision. Requirement. Analysis.>> 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 <<NOTE: 10 USC 2381 prec.>> 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. <<NOTE: 10 USC 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) <<NOTE: Revision. Requirement. Analysis.>> 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
[[Page 133 STAT. 1524]]
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, <<NOTE: 10 USC 2851 prec.>> is amended by adding
at the end the following new item:
``2870. Use of qualified apprentices by military construction
contractors.''.
(b) <<NOTE: 10 USC 2870 note.>> 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
[[Page 133 STAT. 1525]]
``(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.''.
[[Page 133 STAT. 1526]]
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) <<NOTE: Strategy. 10 USC 2302 note.>> 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 <<NOTE: Notification.>> 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) <<NOTE: Reports.>> submit to the congressional
defense committees, not later than February 1, 2020, a report on
progress made toward implementing these performance goals and
metrics, based on periodic reviews of the procedures used to
approve mentor-protege agreements.''.
(c) Modification of Disadvantaged Small Business Concern
Definition.--Paragraph (2) of section 831(o) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2302 note), as redesignated by subsection (b)(1), is amended in the
matter preceding subparagraph (A) by striking ``has less than half the
size standard corresponding to its primary North American Industry
Classification System code'' and inserting ``is not more than the size
standard corresponding to its primary North American Industry
Classification System code''.
(d) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1527]]
(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) <<NOTE: Time period.>> 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. <<NOTE: Deadline. Revision. Requirement. Summary. Evaluati
on. 41 USC 4106 note.>> 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
[[Page 133 STAT. 1528]]
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. <<NOTE: 15 USC 632 note.>> TECHNICAL AMENDMENT
REGARDING TREATMENT OF CERTAIN SURVIVING
SPOUSES UNDER THE DEFINITION OF SMALL
BUSINESS CONCERN OWNED AND CONTROLLED BY
SERVICE-DISABLED VETERANS.
Effective <<NOTE: Effective date.>> 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) <<NOTE: Time periods.>> 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.''.
[[Page 133 STAT. 1529]]
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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Time period. 15 USC 636 note.>> 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) <<NOTE: President. 15 USC 636/.>> 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
[[Page 133 STAT. 1530]]
Senate and the Committee on Small Business and the Committee on
Appropriations of the House of Representatives a report on the number of
loans made under the Military Reservist Economic Injury Disaster Loan
program and the dollar volume of those loans. The report shall contain
the subsidy rate of the disaster loan program as authorized under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)) with the loans
made under the Military Reservist Economic Injury Disaster Loan program
and without those loans included.
(d) Technical and Conforming Amendment.--Section 8(l) of the Small
Business Act (15 U.S.C. 637(l)) is amended--
(1) by striking ``The Administration'' and inserting the
following:
``(1) In general.--The Administration'';
(2) by striking ``(as defined in section 7(n)(1))''; and
(3) by adding at the end the following:
``(2) Definition of period of military conflict.--In this
subsection, the term `period of military conflict' means--
``(A) a period of war declared by the Congress;
``(B) a period of national emergency declared by the
Congress or by the President; or
``(C) a period of a contingency operation, as
defined in section 101(a) of title 10, United States
Code.''.
SEC. 878. MODIFICATION TO THE DEFENSE RESEARCH AND DEVELOPMENT
RAPID INNOVATION PROGRAM.
(a) Types of Awards; Award Size; Limitation on Certain Awards.--
Section 2359a of title 10, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``phase II Small
Business Technology Transfer Program projects,'' after
``projects,'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``$3,000,000'' and
all that follows through the period at the end and
inserting ``$6,000,000.''; and
(B) by adding at the end the following new
paragraph:
``(7) A preference under the program for funding small
business concerns.''; and
(3) in subsection (d)--
(A) by striking ``Subject to'' and inserting ``(1)
Subject to'';
(B) in paragraph (1), as so designated, by inserting
``and to the limitation under paragraph (2)'' after
``for such purpose''; and
(C) by adding at the end the following new
paragraph:
``(2) During any fiscal year, the total amount of awards in
an amount greater than $3,000,000 made under the program
established under subsection (a) may not exceed 25 percent of
the amount made available to carry out such program during such
fiscal year.''.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the program established under section
2359a(a) of title 10, United States Code (commonly known as the
``Defense Research and Development Rapid Innovation Program''), which
shall include--
[[Page 133 STAT. 1531]]
(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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1532]]
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 <<NOTE: Requirement. Consultation.>> 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) <<NOTE: Consultations.>> 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) <<NOTE: Bid.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1533]]
(3) by adding at the end the following new paragraph:
``(21) <<NOTE: Consultation.>> 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. <<NOTE: 15 USC 638 note.>> 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 <<NOTE: Reports.>> 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
[[Page 133 STAT. 1534]]
(3) in subsection (d), by striking ``The budget display''
and inserting ``The budget displays''.
SEC. 884. <<NOTE: 15 USC 638 note.>> PILOT PROGRAM FOR DOMESTIC
INVESTMENT UNDER THE SBIR PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of the enactment of this Act and subject to subsection (b), the
Secretary of Defense shall establish and administer a program to be
known as the ``Domestic Investment Pilot Program'' under which the
Secretary and the service acquisition executive for each military
department may make a SBIR award under section 9(dd) of the Small
Business Act (15 U.S.C. 638) to a small business concern without
providing the written determination described under paragraph (2) of
such section 9(dd) if such concern is--
(1) exclusively owned by multiple United States-owned
venture capital operating companies, hedge funds, or private
equity firms, or
(2) majority-owned by multiple United States-owned venture
capital operating companies, hedge funds, or private equity
firms, if the minority foreign ownership of such concern is
limited to members of the national technology and industrial
base as defined under section 2500 of title 10, United States
Code.
(b) Limitation.--During any fiscal year, the aggregate amount of
awards made under the Domestic Investment Pilot Program shall not exceed
an amount equal to 10 percent of the total amount that the Secretary of
Defense may award under section 9 of the Small Business Act (15 U.S.C.
638) during such fiscal year.
(c) Evaluation Criteria.--In carrying out the Domestic Investment
Pilot Program, the Secretary of Defense may not use investment of
venture capital or investment from hedge funds or private equity firms
as a criterion for the award of contracts under the SBIR program or STTR
program.
(d) Annual Reporting.--The Secretary of Defense shall include as
part of each annual report required under section 9(b)(7) of the Small
Business Act (15 U.S.C. 638(b)(7)) information on the implementation of
the Domestic Investment Pilot Program with respect to the year covered
by the report, including--
(1) the number of applications for participation received
from small business concerns;
(2) the number of awards made to small business concerns,
including an identification of such concerns;
(3) the extent to which a small business concern participant
is foreign-owned, including an identification of the foreign
owners; and
(4) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> Notification.--The Secretary of Defense
shall notify the Small Business Administration of an award made under
the
[[Page 133 STAT. 1535]]
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. <<NOTE: Deadlines. 10 USC 1741 note.>> 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.
[[Page 133 STAT. 1536]]
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. <<NOTE: Evaluations.>> 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. <<NOTE: 10 USC 2302 note.>> POLICIES AND PROCEDURES FOR
CONTRACTORS TO REPORT GROSS VIOLATIONS OF
INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.
(a) <<NOTE: Deadline. Guidance.>> 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
[[Page 133 STAT. 1537]]
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) <<NOTE: Evaluations.>> 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;
[[Page 133 STAT. 1538]]
(B) the use of the maturity model of the Department
to assess contractors; and
(C) the nature and extent of referrals for
suspension and debarment and the number of suspensions
and debarments that have resulted from such referrals.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, to the maximum extent possible, but may
contain a classified annex, if necessary.
SEC. 890. <<NOTE: Venezuela. 10 USC 2302 note.>> 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,
[[Page 133 STAT. 1539]]
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. <<NOTE: Deadlines. 10 USC 2223 note.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1540]]
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) <<NOTE: Repeal. 41 USC 3302 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Summaries.>> summarizes the results of
the most recent audit required under paragraph (1) and
the review required by paragraph (2);
(B) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1541]]
Sec. 903. Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and related
matters.
Sec. 904. Assessments of responsibilities and authorities of the Chief
Management Officer of the Department of Defense.
Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal
Cyber Advisor.
Sec. 906. Exclusion from limitations on personnel in the Office of the
Secretary of Defense and Department of Defense headquarters
of fellows appointed under the John S. McCain Defense Fellows
Program.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
Subtitle C--Other Department of Defense Organization and Management
Matters
Sec. 921. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of Defense.
Sec. 922. Limitation on consolidation of Defense Media Activity.
Sec. 923. Report on resources to implement the civilian casualty policy
of the Department of Defense.
Subtitle D--United States Space Force
Sec. 951. Short title.
Sec. 952. The Space Force.
Sec. 953. Chief of Space Operations.
Sec. 954. Space Force Acquisition Council.
Sec. 955. Assistant Secretary of Defense for Space Policy.
Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and
Integration.
Sec. 957. Service Acquisition Executive of the Department of the Air
Force for Space Systems and Programs.
Sec. 958. Conforming amendments and clarification of authorities.
Sec. 959. Effects on military installations.
Sec. 960. Availability of funds.
Sec. 961. Implementation.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE
MATTERS.
(a) Modification of Limitations on Number of Personnel in OSD and
Other DoD Headquarters.--
(1) OSD.--Section 143 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``3,767'' and
inserting ``4,300''; and
(B) in subsection (b), by striking ``, civilian, and
detailed personnel'' and inserting ``and civilian
personnel''.
(2) Joint staff.--
(A) In general.--Section 155(h)(1) of such title is
amended by striking ``2,069'' and inserting ``2,250''.
(B) <<NOTE: 10 USC 155 note.>> 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
[[Page 133 STAT. 1542]]
(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,''.
[[Page 133 STAT. 1543]]
(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;
[[Page 133 STAT. 1544]]
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
[[Page 133 STAT. 1545]]
inserting ``Under Secretary of Defense for Acquisition
and Sustainment''.
(17) Section 1722b(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(18) Section 1723 of title 10, United States Code, is
amended--
(A) in subsection (a)(3), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (b), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(19) Section 1725(e)(2) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(20) Section 1735(c)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(21) Section 1737(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(22) Section 1741(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(23) Section 1746(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(24) Section 1748 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(25) Section 2222 of title 10, United States Code, is
amended--
(A) in subsection (c)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (f)(2)(B)(i), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(26) Section 217(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 770; 10
U.S.C. 2222 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment and Under Secretary of Defense for Research and
Engineering''.
[[Page 133 STAT. 1546]]
(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''.
[[Page 133 STAT. 1547]]
(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
[[Page 133 STAT. 1548]]
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
[[Page 133 STAT. 1549]]
inserting ``Under Secretary of Defense for Acquisition
and Sustainment'';
(B) in subsection (a)(3), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(C) in subsection (b)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(D) in subsection (b)(3)(A), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(52) Section 882 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 942; 10
U.S.C. 2330 note) is amended in the matter preceding paragraph
(1) by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(53) Section 2334 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(54) Section 2350a(b)(2) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment, and the Under Secretary of Defense for Research and
Engineering''.
(55) Section 2359(b)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Research and Engineering''.
(56) Section 2359b of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Research and Engineering''; and
(B) in subsection (l)(1), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Research and Engineering''.
(57) Section 2375 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(58) Section 874(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10
U.S.C. 2375 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
[[Page 133 STAT. 1550]]
(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) <<NOTE: 10 USC 2430 note.>> 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
[[Page 133 STAT. 1551]]
(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''.
[[Page 133 STAT. 1552]]
(73) Section 2448b of title 10, United States Code, is
amended by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) <<NOTE: Risk assessments.>> 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'';
[[Page 133 STAT. 1553]]
(B) in subsection (a), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''; and
(C) in subsection (b), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(79) Section 2548 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''; and
(B) in subsection (c)(8), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(80) Section 2902(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Office of the
Assistant Secretary of Defense for Research and
Engineering'' and inserting ``Office of the Under
Secretary of Defense for Research and Engineering''; and
(B) in paragraph (3), by striking ``Office of the
Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``Office of the Under
Secretary of Defense for Acquisition and Sustainment''.
(81) Section 2824(d) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2154; 10
U.S.C. 2911 note) is amended by striking ``Under Secretary of
Defense'' and all that follows through ``Environment'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(82) Section 315(d) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1357; 10
U.S.C. 2911 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(83) Section 2926(e)(5)(D) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary for Defense for Acquisition and Sustainment''.
(84) Section 836(a)(2) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1508; 22
U.S.C. 2767 note) is amended by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics, the
Assistant Secretary of Defense for Research,'' and inserting
``the Under Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense for Research and
Engineering,''.
(85) Section 105(d)(7)(M)(v) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(M)(v)) is amended
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
[[Page 133 STAT. 1554]]
(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) <<NOTE: 5 USC 5313 note.>> 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''.
[[Page 133 STAT. 1555]]
(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; <<NOTE: 10 USC
2431 note.>> 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) <<NOTE: 10 USC 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''.
(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) <<NOTE: 10 USC 2223 note.>> 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
[[Page 133 STAT. 1556]]
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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1557]]
(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). <<NOTE: Recommenda- tions.>> In identifying any such modification,
the Secretary shall develop recommendations for such legislative action
as the Secretary considers appropriate to implement such modification.
(d) Report.--Not later than March 15, 2020, the Secretary shall
submit to the congressional defense committees a report on the
assessments conducted pursuant to subsection (a) and on any
modifications to the responsibilities and authorities of the Chief
Management Officer of the Department identified pursuant to subsection
(c). The report shall include the following:
(1) A description and the results of the assessment
conducted pursuant to subsection (a).
(2) Any modifications of the responsibilities and
authorities of the Chief Management Officer identified pursuant
to subsection (c), including recommendations developed for
legislative action to implement such recommendations and a
proposed timeline for the implementation of such
recommendations.
SEC. 905. <<NOTE: 10 USC 391 note.>> SENIOR MILITARY ADVISOR FOR
CYBER POLICY AND DEPUTY PRINCIPAL CYBER
ADVISOR.
(a) Advisor.--
(1) <<NOTE: Designation.>> 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.
[[Page 133 STAT. 1558]]
(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.
[[Page 133 STAT. 1559]]
(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:
[[Page 133 STAT. 1560]]
``(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. <<NOTE: 10 USC 988.>> Prohibition on ownership or
trading of stocks in certain companies by certain
officials of the Department of Defense
``(a) <<NOTE: Time period.>> 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.).''.
[[Page 133 STAT. 1561]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title <<NOTE: 10 USC 971 prec.>> 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) <<NOTE: Time period.>> Limitation.--The Secretary of Defense
may not take any action to consolidate the Defense Media Activity until
a period of 60 days has elapsed following the date on which the
Secretary of Defense submits the report required under subsection (b).
(b) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees a report that includes the following:
(1) <<NOTE: Plans.>> 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) <<NOTE: Contracts.>> Any contractual agreements that
have been entered into to consolidate or explore the
consolidation of the Defense Media Activity.
(4) <<NOTE: Directives. Guidance.>> 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 <<NOTE: United States Space Force Act.>> --United States
Space Force
SEC. 951. <<NOTE: 10 USC 101 note.>> SHORT TITLE.
This subtitle may be cited as the ``United States Space Force Act''.
SEC. 952. <<NOTE: 10 USC 9081 note.>> 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--
[[Page 133 STAT. 1562]]
(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-- <<NOTE: 10 USC 9081 prec.>> 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) <<NOTE: 10 USC 9081 note.>> Members.--
(1) <<NOTE: Effective date.>> 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 <<NOTE: 10 USC 9011 prec.>> each amended by inserting after the
item relating to chapter 907 the following new item:
``908. The Space Force..........................................9081.''.
[[Page 133 STAT. 1563]]
(g) Conforming Clerical Amendment to Chapter 907.--The table of
sections at the beginning of chapter 907 of title 10, United States
Code, <<NOTE: 10 USC 9061 prec.>> 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. <<NOTE: 10 USC 9082.>> Chief of Space Operations
``(a) <<NOTE: President.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Plans. Recommenda- tions.>> 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) <<NOTE: Effective date.>> 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
[[Page 133 STAT. 1564]]
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) <<NOTE: 10 USC 9082 note.>> Service.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: Time period. Effective date.>> 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) <<NOTE: Effective date. 10 USC 151 note.>> 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. <<NOTE: 10 USC 9021.>> Space Force Acquisition
Council
``(a) Establishment.--There is in the Office of the Secretary of the
Air Force a council to be known as the `Space Force Acquisition Council'
(in this section referred to as the `Council').
``(b) Members.--The members of the Council are as follows:
``(1) The Under Secretary of the Air Force.
``(2) The Assistant Secretary of the Air Force for Space
Acquisition and Integration, who shall act as chair of the
Council.
``(3) The Assistant Secretary of Defense for Space Policy.
``(4) The Director of the National Reconnaissance Office.
``(5) The Chief of Space Operations.
``(6) The Commander of the United States Space Command.
``(c) Duties.--The Council shall oversee, direct, and manage
acquisition and integration of the Air Force for space systems and
programs in order to ensure integration across the national security
space enterprise.
``(d) Meetings.--The Council shall meet not less frequently than
monthly.
``(e) Reports.--Not later than 30 days after the end of each
calendar year quarter through the first calendar year quarter of 2025,
the Council shall submit to the congressional defense committees a
report on the activities of the Council during the calendar
[[Page 133 STAT. 1565]]
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 <<NOTE: 10 USC 9011 prec.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 9016 note.>> 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.
[[Page 133 STAT. 1566]]
``(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) <<NOTE: Effective date.>> 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) <<NOTE: 10 USC 9016 note.>> Transfer of acquisition
projects for space systems and programs.-- <<NOTE: Effective
date.>> 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. <<NOTE: Effective date. 10 USC 9016 note.>> 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
[[Page 133 STAT. 1567]]
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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 9081 note.>> 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.
[[Page 133 STAT. 1568]]
(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. <<NOTE: 10 USC 9081 note.>> 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. <<NOTE: Deadlines. 10 USC 9081 note.>> IMPLEMENTATION.
(a) Requirement.--Except as specifically provided by this subtitle,
the Secretary of the Air Force shall implement this subtitle, and the
amendments made by this subtitle, by not later than 18 months after the
date of the enactment of this Act.
(b) Briefings.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter until March 31,
2023, the Secretary of the Air Force and the Chief of Space Operations
shall jointly provide to the congressional defense committees a briefing
on the status of the implementation of the Space Force pursuant to this
subtitle and the amendments made by this subtitle. Each briefing shall
address the current missions, operations and activities, manpower
requirements and status, and budget and funding requirements and status
of the Space Force, and such other matters with respect to the
implementation and operation of the Space Force as the Secretary and the
Chief jointly consider appropriate to keep Congress fully and currently
informed on the status of the implementation of the Space Force.
[[Page 133 STAT. 1569]]
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.
[[Page 133 STAT. 1570]]
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) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 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
[[Page 133 STAT. 1571]]
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) <<NOTE: Estimates.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Definition.>> 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 <<NOTE: 10 USC 240a prec.>> is amended by adding at the
end the following new item:
``240g. Defense Business Audit Remediation Plan.''.
SEC. 1003. FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.
(a) Elements of Annual Report.--Subsection (b)(1)(B) of section 240b
of title 10, United States Code, is amended--
(1) in clause (vii)--
(A) by striking ``or if less than 50 percent of the
audit remediation services''; and
(B) by striking ``and audit remediation
activities''; and
(2) in clause (viii), by striking ``or if less than 25
percent of the audit remediation services''.
(b) Semiannual Briefings.--Subsection (b)(2) of such section is
amended by striking ``or audit remediation''.
(c) Audit Remediation Services.--Subsection (b) of such section is
further amended--
(1) in paragraph (1)(B), by adding at the end the following
new clauses:
``(ix) If less than 50 percent of the audit
remediation services under contract, as described
in the briefing required under paragraph (2)(B),
are being performed by individual professionals
meeting the qualifications described in suhsection
(c), a detailed description of the risks
associated with the risks of the acquisition
strategy of the Department with respect to
conducting audit remediation activities and an
explanation of how the strategy complies with the
policies expressed by Congress.
[[Page 133 STAT. 1572]]
``(x) <<NOTE: Certification.>> 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) <<NOTE: Deadlines. Briefings.>> 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. <<NOTE: 10 USC 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.
[[Page 133 STAT. 1573]]
``(3) <<NOTE: Plans.>> 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 <<NOTE: 10 USC 240a prec.>> 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:
[[Page 133 STAT. 1574]]
``(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
[[Page 133 STAT. 1575]]
(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. <<NOTE: 10 USC 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.--
<<NOTE: Definition.>> 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 <<NOTE: 10 USC 221 prec.>> is amended by inserting after
the item relating to section 225 the following new item:
``226. Special operations forces: display of service-common and other
support and enabling capabilities.''.
SEC. 1008. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL IMPROVEMENT
AND AUDIT REMEDIATION PLAN ON ACTIVITIES
WITH RESPECT TO CLASSIFIED PROGRAMS.
Section 240b(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), as amended by section 1003, by
adding at the end the following new clause:
``(xi) A description of audit activities and
results for classified programs, including a
description of the use of procedures and
requirements to prevent unauthorized exposure of
classified information in such activities.''; and
(2) in subparagraph (C)(i), by inserting ``or (ix)'' after
``clause (vii)''.
SEC. 1009. PLAN OF THE DEPARTMENT OF DEFENSE FOR FINANCIAL
MANAGEMENT INFORMATION.
(a) Element on Support of NDS by Corrective Action Plans.--Section
240b(b)(1)(B) of title 10, United States Code, as amended by section
1008 of this Act, is further amended by adding at the end the following
new clause:
``(xii) An identification the manner in which
the corrective action plan or plans of each
department, agency, component, or element of the
Department of Defense, and the corrective action
plan of the Department as a whole, support the
National Defense Strategy (NDS) of the United
States.''.
[[Page 133 STAT. 1576]]
(b) Technical Amendment.--Clause (i) of such section is amended by
striking ``section 253a'' and inserting ``section 240c''.
(c) <<NOTE: Estimate. 10 USC 240b note.>> 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 <<NOTE: 10 USC 1701 prec.>> 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) <<NOTE: 10 USC 1705 note.>> Effective Date.--
[[Page 133 STAT. 1577]]
(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) <<NOTE: 10 USC 240d
note.>> 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
[[Page 133 STAT. 1578]]
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) <<NOTE: Colombia. Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Definition.>> For purposes of applying the definition
of transnational organized crime under paragraph (1) to this section,
the term `illegal
[[Page 133 STAT. 1579]]
means', as it appears in such definition, includes the trafficking of
money, human trafficking, illicit financial flows, illegal trade in
natural resources and wildlife, trade in illegal drugs and weapons, and
other forms of illegal means determined by the Secretary of Defense.''.
SEC. 1023. SENSE OF CONGRESS REGARDING DEPARTMENT OF DEFENSE
COUNTERDRUG ACTIVITIES IN THE TRANSIT
ZONE AND CARIBBEAN BASIN.
It is the sense of Congress that--
(1) combating transnational criminal organizations and
illicit narcotics trafficking across the transit zone and the
Caribbean basin is critical to the national security of the
United States;
(2) the Department of Defense should work with the
Department of Homeland Security, the Department of State, and
other relevant Federal, State, local, and international partners
to improve surveillance capabilities and maximize the
effectiveness of counterdrug operations in the region; and
(3) the Secretary of Defense should, to the greatest extent
possible, ensure United States Northern Command and United
States Southern Command have the necessary assets to support and
increase counter-drug activities within their respective areas
of operations in the transit zone and the Caribbean basin.
SEC. 1024. ASSESSMENT OF IMPACT OF ANY PLANNED OR PROPOSED BORDER
WALL ON VOLUME OF ILLEGAL NARCOTICS.
(a) <<NOTE: Consultation.>> 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) <<NOTE: 10 USC 2218 note.>> 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
[[Page 133 STAT. 1580]]
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. <<NOTE: 10 USC 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1581]]
document, as determined by the Secretary at the time of
designation.
``(4) <<NOTE: Deadline. Notification.>> 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) <<NOTE: Deadlines. Notifications.>> 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. <<NOTE: Designation.>> 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) <<NOTE: Effective date.>> 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.
[[Page 133 STAT. 1582]]
``(D) <<NOTE: Plans.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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).
[[Page 133 STAT. 1583]]
``(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 <<NOTE: 10 USC 8661 prec.>> is amended by
inserting after the item relating to section 8669a the following new
item:
``8669b. Senior Technical Authority for each naval vessel class.''.
SEC. 1035. PERMANENT AUTHORITY FOR SUSTAINING OPERATIONAL
READINESS OF LITTORAL COMBAT SHIPS ON
EXTENDED DEPLOYMENT.
Section 8680(a)(2) of title 10, United States Code, is amended--
(1) in subparagraph (C)(ii)--
(A) by striking ``means preservation or corrosion
control efforts and cleaning services'' and inserting
``means--''; and
(B) by adding at the end the following new
subclauses:
``(I) the effort required to provide housekeeping
services throughout the ship;
``(II) the effort required to perform coating
maintenance and repair to exterior and interior surfaces
due to normal environmental conditions; and
``(III) the effort required to clean mechanical
spaces, mission zones, and topside spaces.''; and
(2) by striking subparagraph (D).
SEC. 1036. <<NOTE: 10 USC 8013 note.>> 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) <<NOTE: Deadlines.>> 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 <<NOTE: Coordination.>> 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
[[Page 133 STAT. 1584]]
the shipbuilding readiness of the defense industrial
base. <<NOTE: Analyses.>> Such report shall include each of the
following:
(1) <<NOTE: Estimate.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 1585]]
(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
[[Page 133 STAT. 1586]]
(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) <<NOTE: 132 Stat. 1954.>>
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) <<NOTE: 132 Stat. 1953.>>
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) <<NOTE: 132 Stat. 1954.>>
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. <<NOTE: 10 USC 801 note.>> 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
[[Page 133 STAT. 1587]]
United States Naval Station, Guantanamo Bay (in this section
referred to as the ``Chief Medical Officer'').
(2) Grade.--The individual serving as Chief Medical Officer
shall be an officer of the Armed Forces who holds a grade not
below the grade of colonel, or captain in the Navy.
(3) Chain of command.--Notwithstanding sections 162 and 164
of title 10, United States Code, the Chief Medical Officer shall
be assigned and report to the Assistant Secretary of Defense for
Health Affairs, with duty at United States Naval Station,
Guantanamo Bay, Cuba, in the performance of duties and the
exercise of powers of the Chief Medical Officer under this
section.
(b) Duties.--
(1) In general.--The Chief Medical Officer shall oversee the
provision of medical care to individuals detained at Guantanamo.
(2) Quality of care.--The Chief Medical Officer shall ensure
that medical care provided as described in paragraph (1) meets
applicable standards of care.
(c) Powers.--
(1) <<NOTE: Determinations.>> 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.--
<<NOTE: Consultation. Deadline.>> 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.
[[Page 133 STAT. 1588]]
(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) <<NOTE: Notification.>> 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. <<NOTE: 10 USC 113 note.>> INDEPENDENT ASSESSMENT ON
GENDER AND COUNTERING VIOLENT EXTREMISM.
(a) <<NOTE: Consultation. Contracts. Research and
development. Analysis.>> 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.
[[Page 133 STAT. 1589]]
(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) <<NOTE: Records.>> A copy of the report
submitted under paragraph (1) without change.
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Definitions.>> 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:
[[Page 133 STAT. 1590]]
``Sec. 120. <<NOTE: 10 USC 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) <<NOTE: Deadline. Memorandums.>> 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 <<NOTE: 10 USC 111 prec.>> is amended by adding at the end
the following new item:
``120. Department of Defense executive aircraft controlled by
Secretaries of military departments.''.
SEC. 1052. EXPLOSIVE ORDNANCE DEFENSE DISPOSAL PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Subsection (b) of
section 2284 of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1)--
(A) in subparagraph (A), by inserting ``and'' after
the semicolon;
(B) by redesignating subparagraph (B) as paragraph
(2), moving it to appear after paragraph (1), and
adjusting the margins accordingly;
(C) by redesignating subparagraph (C) as
subparagraph (B);
(D) in subparagraph (B), as so redesignated--
[[Page 133 STAT. 1591]]
(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) <<NOTE: Designation.>> 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) <<NOTE: 10 USC 271 note.>> 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.
[[Page 133 STAT. 1592]]
``(D) A description of the initial costs for the
support.''; and
(2) by adding at the end the following new paragraph:
``(5) <<NOTE: Determination. Deadline. Certification.>>
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) <<NOTE: President.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1593]]
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, <<NOTE: 39 USC 3401 prec.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Time period.>> 30 days have elapsed from the
date on which the Secretary provides the notice described in
paragraph (1).
[[Page 133 STAT. 1594]]
(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. <<NOTE: Certification. Reviews.>> 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) <<NOTE: Contracts.>> the Secretary has entered into a
contract with a federally funded research and development
corporation for the review of the ability of the Army to meet
the watercraft requirements of the combatant commanders and the
effects on preparedness to provide support to States and
territories in connection with natural disasters, threats, and
emergencies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Report on the probationary period for Department of Defense
employees.
Sec. 1103. Civilian personnel management.
Sec. 1104. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian personnel on
official duty in a combat zone.
Sec. 1105. One-year extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1106. Performance of civilian functions by military personnel.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
Sec. 1108. Authority to provide additional allowances and benefits for
certain Defense Clandestine Service employees.
Sec. 1109. Modification of direct hire authorities for the Department of
Defense.
Sec. 1110. Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act.
[[Page 133 STAT. 1595]]
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) <<NOTE: Review.>> 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) <<NOTE: Time period. Assessments.>> 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.
[[Page 133 STAT. 1596]]
(3) <<NOTE: Analysis.>> An analysis of the best practices
and abuses of discretion by supervisors and managers of the
Department with respect to probationary periods.
(4) <<NOTE: Recommenda- tions. Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Summary.>> 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
[[Page 133 STAT. 1597]]
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), <<NOTE: 132 Stat. 2013.>> 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) <<NOTE: Time period. Determination.>> 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), <<NOTE: 10
USC 1580 note prec.>> is further amended by striking ``through 2021,''
and inserting ``through 2025,''.
(b) Briefing.--Subsection (b) of such section 1102 is amended by
striking ``fiscal years 2019 and 2021'' and inserting ``fiscal years
2019 through 2025''.
SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND BENEFITS
FOR CERTAIN DEFENSE CLANDESTINE SERVICE
EMPLOYEES.
Section 1603 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Additional Allowances and Benefits for Certain Employees of
the Defense Clandestine Service.-- <<NOTE: Effective date.>> (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--
[[Page 133 STAT. 1598]]
``(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) <<NOTE: Reports. Strategy.>> 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) <<NOTE: Implementation plan.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Definitions.>> 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.
[[Page 133 STAT. 1599]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Coordination. Review.>> 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) <<NOTE: Assessment.>> assess and identify steps
that could be taken to improve the competitive hiring
process at the Department
[[Page 133 STAT. 1600]]
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) <<NOTE: Analysis. Recommenda- tions. Survey.>>
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) <<NOTE: 5 USC 8702 note.>> Regulations.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: 5 USC 8702 note.>> 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
[[Page 133 STAT. 1601]]
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) <<NOTE: 5 USC 8956 note.>> Regulations.--
(1) In general.--Consistent with paragraph (2), the Director
of the Office of Personnel Management shall prescribe
regulations under which premiums for supplemental dental,
supplemental vision, or long-term care insurance under chapter
89A, 89B, or 90 (respectively) of title 5, United States Code,
(as amended by subsection (a)) that are unpaid by an employee, a
covered TRICARE-eligible individual, or a member of the
uniformed services (as the case may be), as a result of that
employee, covered TRICARE-eligible individual, or member being
furloughed or excepted from furlough and working without pay as
a result of a lapse in appropriations, are paid to the
applicable carrier from back pay made available to the employee
or member as soon as practicable upon the end of such lapse.
(2) Long-term care premiums from source other than
backpay.--The regulations promulgated under paragraph (1) for
the amendments made by subsection (a)(3) may provide, with
respect to any individual who elected under section 9004(d) of
title 5, United States Code, to pay premiums directly to the
carrier, that such individual may continue to pay premiums
pursuant to such election instead of from back pay made
available to such individual.
(c) <<NOTE: 5 USC 8956 note.>> 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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 1602]]
to the appropriate committees of Congress, and subject to the enactment
of any legislation required.
(b) Independent Study and Report.--
(1) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment. Analysis. Recommenda- tions.>>
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) <<NOTE: Recommenda- tions.>> OPM Report.--
(1) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1603]]
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) <<NOTE: Deadline.>> 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 <<NOTE: Time periods. Determination.>> .--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) <<NOTE: Evaluation.>> 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
[[Page 133 STAT. 1604]]
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) <<NOTE: Definition.>> 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, <<NOTE: 5 USC 5701 prec.>>
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) <<NOTE: 5 USC 5724b note.>> 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''.
[[Page 133 STAT. 1605]]
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 <<NOTE: Fair Chance to Compete for Jobs Act of 2019. 5 USC
101 note.>> --Fair Chance Act
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance to Compete for Jobs
Act of 2019'' or the ``Fair Chance Act''.
SEC. 1122. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL
EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 92-- <<NOTE: 5 USC 9201 prec.>> 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. <<NOTE: 5 USC 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.
[[Page 133 STAT. 1606]]
``Sec. 9202. <<NOTE: 5 USC 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. <<NOTE: Publication. 5 USC 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. <<NOTE: 5 USC 9204.>> Adverse action
``(a) <<NOTE: Determination. Notice.>> First Violation.--If the
Director of the Office of Personnel Management determines, after notice
and an opportunity for a
[[Page 133 STAT. 1607]]
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) <<NOTE: Determination. Notice.>> 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. <<NOTE: 5 USC 9205.>> Procedures
``(a) <<NOTE: Regulations. Deadline.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 5 USC 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) <<NOTE: Deadline. 5 USC 9201 note.>> 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).
[[Page 133 STAT. 1608]]
(2) <<NOTE: 5 USC 9202 note.>> 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 <<NOTE: 5 USC 2101 prec.>> 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. <<NOTE: 2 USC 1316b.>> 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) <<NOTE: Applicability.>> 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).
[[Page 133 STAT. 1609]]
``(d) Regulations To Implement Section.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 18
months after the date of enactment of the Fair Chance to Compete
for Jobs Act of 2019, the Board shall, pursuant to section 304,
issue regulations to implement this section.
``(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Director of the Office of Personnel
Management under section 2(b)(1) of the Fair Chance to Compete
for Jobs Act of 2019 to implement the statutory provisions
referred to in subsections (a) through (c) except to the extent
that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
``(e) <<NOTE: Applicability.>> 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 <<NOTE: 26 USC 62.>> 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) <<NOTE: Applicability.>> Employing office policies;
complaint procedure.--The provisions of sections 9203 and 9206
of title 5 shall apply
[[Page 133 STAT. 1610]]
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) <<NOTE: Regulations. Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: 41 USC 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,
[[Page 133 STAT. 1611]]
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) <<NOTE: Deadline. Consultation.>>
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) <<NOTE: Publication.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Notification.>> notify the
contractor;
``(B) <<NOTE: Deadline. Appeal.>> 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.
[[Page 133 STAT. 1612]]
``(2) <<NOTE: Notification. Deadline. Appeal. Consultation.>>
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) <<NOTE: Deadline.>> 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 <<NOTE: 41 USC 4701 prec.>> ,
is amended by adding at the end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) <<NOTE: Applicability. 41 USC 4714 note.>> 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. <<NOTE: 10 USC 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.
[[Page 133 STAT. 1613]]
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an individual
hired under the contract to access classified
information or to have sensitive law enforcement
or national security duties; or
``(ii) a position that the Secretary of
Defense identifies under the regulations issued
under subparagraph (B).
``(B) Regulations.--
``(i) <<NOTE: Deadline.>> 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) <<NOTE: Publication.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Notification.>> notify the
contractor;
``(B) <<NOTE: Deadline.>> 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) <<NOTE: Notification. Deadline. Consultation.>>
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
[[Page 133 STAT. 1614]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability. 10 USC 2339 note.>> 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 <<NOTE: 10 USC 2301 prec.>> 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) <<NOTE: 10 USC 2339 note.>> Revisions to Federal Acquisition
Regulation.--
(1) <<NOTE: Deadline.>> 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. <<NOTE: 34 USC 10132 note.>> 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
[[Page 133 STAT. 1615]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Time period.>> 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 <<NOTE: ATC Hiring Reform Act.>> --ATC Hiring Reform
SEC. 1131. <<NOTE: 49 USC 40101 note.>> 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).''.
[[Page 133 STAT. 1616]]
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. <<NOTE: Assessments.>> --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--
[[Page 133 STAT. 1617]]
(A) what job-relevant aptitudes are measured by the
air traffic controller pre-employment test and to what
extent such aptitudes are tested;
(B) the scoring methodology for the air traffic
controller pre-employment test, including an assessment
of whether such methodology is applied uniformly for all
classes of applicants;
(C) whether the air traffic controller pre-
employment test incorporates any biographical
questionnaire or assessment other than basic
identifiers, such as name and questions that assess
personal characteristics, and the extent to which such
biographical assumptions are relied upon to assess air
traffic controller applicants;
(D) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1618]]
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.
[[Page 133 STAT. 1619]]
Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and
limitation on use of funds.
Sec. 1253. Report on resourcing United States defense requirements for
the Indo-Pacific region and study on competitive strategies.
Sec. 1254. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who are
deployed to South Korea.
Sec. 1255. Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea.
Sec. 1256. Sense of Congress on security commitments to the Governments
of Japan and the Republic of Korea and trilateral cooperation
among the United States, Japan, and the Republic of Korea.
Sec. 1257. Sense of Congress on North Korea.
Sec. 1258. Statement of policy and sense of Congress on, and strategy to
fulfill obligations under, Mutual Defense Treaty with the
Republic of the Philippines.
Sec. 1259. Report on security cooperation with the Philippine National
Police.
Sec. 1260. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260A. Report on foreign military activities in Pacific Island
countries.
Sec. 1260B. Report on cybersecurity activities with Taiwan.
Sec. 1260C. Review and report related to the Taiwan Relations Act.
Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan
defense relationship.
Sec. 1260E. Chinese foreign direct investment in countries of the Arctic
region.
Sec. 1260F. Sense of Congress on policy toward Hong Kong.
Sec. 1260G. Sense of Congress on enhancing defense and security
cooperation with the Republic of Singapore.
Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from
entity list of Bureau of Industry and Security.
Sec. 1260J. Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order.
Sec. 1260K. Report on the lay-down of United States Marines in the Indo-
Pacific Region.
Subtitle G--Other Matters
Sec. 1261. Modification to report on legal and policy frameworks for the
use of military force.
Sec. 1262. Independent review of sufficiency of resources available to
United States Southern Command and United States Africa
Command.
Sec. 1263. United States Central Command posture assessment and review.
Sec. 1264. Limitation on production of nuclear proliferation assessment
statements.
Sec. 1265. Western Hemisphere resource assessment.
Sec. 1266. Human rights in Brazil.
Sec. 1267. Certification relating to assistance for Guatemala.
Sec. 1268. Independent analysis of human rights situation in Honduras.
Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian
military to prevent, mitigate, and respond to civilian harm.
Sec. 1270. Report on implications of Chinese military presence in
Djibouti.
Sec. 1271. Rule of construction on the permanent stationing of United
States Armed Forces in Somalia.
Sec. 1272. Defense and diplomatic strategy for Libya.
Sec. 1273. Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing civil war
in Yemen.
Sec. 1274. Report on Saudi-led coalition strikes in Yemen.
Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi
coalition aircraft conducting missions relating to civil war
in Yemen.
Sec. 1276. Report on Saudi Arabia's human rights record.
Sec. 1277. Report on intelligence community assessment relating to the
killing of Washington Post columnist Jamal Khashoggi.
Sec. 1278. United States-Israel cooperation to counter unmanned aerial
systems.
Sec. 1279. Extension and modification of authority for United States-
Israel anti-tunnel cooperation activities.
Sec. 1280. Report on cost imposition strategy.
Sec. 1281. Modification of initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1282. Modification of responsibility for policy on civilian
casualty matters.
Sec. 1283. Report on export of certain satellites to entities with
certain beneficial ownership structures.
Sec. 1284. Rule of construction relating to the use of military force.
Sec. 1285. Reports and briefings on use of military force and support of
partner forces.
[[Page 133 STAT. 1620]]
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) <<NOTE: Consultation. Determination.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1621]]
such country is designated by the Secretary under subsection
(a).
``(2) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Designation.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Review.>> 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--
[[Page 133 STAT. 1622]]
(1) in paragraph (1), by striking ``in effect'' and
inserting ``that have entered into force or were applied
provisionally'';
(2) in paragraph (2), by striking ``date on which the
Secretary'' and all that follows through the period at the end
and inserting ``dates on which the Secretary notified Congress--
``(A) pursuant to subsection (b)(1)(B) of the
designation of such country under subsection (a); and
``(B) pursuant to subsection (b)(2) of the intent of
the Secretary to enter into the agreement.'';
(3) by amending paragraph (3) to read as follows:
``(3) The class of supply, total dollar amount, the amount
collected, and the outstanding balance of logistic support,
supplies, and services provided during the preceding fiscal year
under each such agreement.'';
(4) by amending paragraph (4) to read as follows:
``(4) The class of supply, total dollar amount, the amount
collected, and the outstanding balance of logistic support,
supplies, and services received during the preceding fiscal year
under each such agreement.'';
(5) by striking paragraph (5); and
(6) by adding at the end the following new paragraphs:
``(5) With respect to any transaction for logistic support,
supplies, and services that has not been reconciled more than
one year after the date on which the transaction occurred, a
description of the transaction that includes the following:
``(A) The date on which the transaction occurred.
``(B) The country or organization to which logistic
support, supplies, and services were provided.
``(C) The value of the transaction.
``(6) An explanation of any waiver granted under section
2347(c) during the preceding fiscal year, including an
identification of the relevant contingency operation or non-
combat operation.''.
SEC. 1204. MODIFICATION OF QUARTERLY REPORT ON OBLIGATION AND
EXPENDITURE OF FUNDS FOR SECURITY
COOPERATION PROGRAMS AND ACTIVITIES.
Section 381(b) of title 10, United States Code, is amended by
striking ``30 days'' and inserting ``60 days''.
SEC. 1205. GENDER PERSPECTIVES AND PARTICIPATION BY WOMEN IN
SECURITY COOPERATION ACTIVITIES.
<<NOTE: Coordination.>> 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. <<NOTE: 10 USC 362 note.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1623]]
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) <<NOTE: Standards. Procedures. Human rights.>> 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) <<NOTE: Public information. Guidelines.>>
public guidelines for external sources to report
information; and
(B) <<NOTE: Criteria. Determination.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Summary.>> 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.
[[Page 133 STAT. 1624]]
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) <<NOTE: 132 Stat. 2032.>> , 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), <<NOTE: 132 Stat. 2032.>> 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''.
[[Page 133 STAT. 1625]]
SEC. 1210. <<NOTE: 10 USC 332 note.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1626]]
of such country, and any other indicator of efficacy, in
accordance with section 383 of title 10, United States Code.
(3) <<NOTE: Engagement plan.>> 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) <<NOTE: Effective date. Time period.>> In general.--
Beginning in fiscal year 2020 through the fiscal year in which
the initiative under subsection (a) terminates, the Secretary of
Defense shall submit to the appropriate committees of Congress
an annual report on the legal institutional capacity building
activities carried out under this section.
(2) Integration into other capacity building reports.--The
report submitted under paragraph (1) for a fiscal year shall be
integrated into the report required pursuant to subsection
(b)(2) of section 332 of title 10, United States Code, for the
fourth fiscal year quarter of such fiscal year.
(3) Matters to be included.--Each report submitted under
paragraph (1) shall include the following:
(A) The same information required under subsection
(b)(2) of section 332 of title 10, United States Code.
(B) The names of the one or more countries in which
the initiative was conducted.
(C) For each such country--
(i) the purpose of the initiative;
(ii) the objectives, milestones, and timeline
of the initiative;
(iii) the number and type of advisors assigned
and deployed to the country, as applicable; and
(iv) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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.
[[Page 133 STAT. 1627]]
(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) <<NOTE: Time period. Reports.>> 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) <<NOTE: Assessment.>> An assessment of the contribution
of each activity toward greater stability.
[[Page 133 STAT. 1628]]
(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 <<NOTE: 123 Stat. 2400.>> 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
[[Page 133 STAT. 1629]]
authority provided in subsection (a). The report shall address,
at a minimum, the following:
``(A) <<NOTE: Determinations.>> 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) <<NOTE: List.>> 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. <<NOTE: 10 USC 2731 note.>> 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.
[[Page 133 STAT. 1630]]
(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) <<NOTE: Determination. Regulations. Assessment. Consultation.>>
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. <<NOTE: Records.>> A copy of any regulations so prescribed
shall be provided to the congressional defense committees upon
finalization.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The legal
advisor, under regulations of the Department of Defense, shall advise on
whether an ex gratia payment is proper under this section and applicable
Department of Defense regulations.
(f) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1631]]
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; <<NOTE: 128
Stat. 3550.>> 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:
[[Page 133 STAT. 1632]]
``(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) <<NOTE: Reports.>> 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) <<NOTE: Evaluation.>> 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
[[Page 133 STAT. 1633]]
(7) non-governmental organizations providing legal aid in
the special immigrant visa application process.
SEC. 1216. <<NOTE: Coordination. 22 USC 7511 note.>> 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) <<NOTE: 132 Stat. 2032.>> , is further amended to read as
follows:
``(a) <<NOTE: Time period.>> 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
[[Page 133 STAT. 1634]]
reconciliation activities to one or more designated persons or entities
or Federal agencies.
(b) <<NOTE: Reports.>> 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) <<NOTE: Evaluation.>> evaluation requirements; and
(3) a prioritization of covered support.
(c) <<NOTE: Deadline. Notification.>> Designation.--Not later than
15 days before the Secretary of Defense designates an individual or
organization as a designated person or entity, the Secretary shall
notify the congressional defense committees of the intent of the
Secretary to make such designation.
(d) Reimbursement.--
(1) Designated persons or entities.--The Secretary of
Defense may provide covered support to a designated person or
entity on a nonreimbursable basis.
(2) Federal agencies.--The Secretary of Defense may provide
covered support to a Federal agency on a reimbursable or
nonreimbursable basis.
(e) Location of Covered Support.--
(1) <<NOTE: Afghanistan.>> In general.--Except as provided
in paragraph (2), the Secretary of Defense may only provide
covered support within Afghanistan.
(2) <<NOTE: Pakistan. Determination. Certification.>>
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) <<NOTE: Deadline. Pakistan.>> 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.
[[Page 133 STAT. 1635]]
(2) Elements.--Each report under this subsection shall
include, for the preceding reporting period, the following:
(A) <<NOTE: Summary.>> 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.
[[Page 133 STAT. 1636]]
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) <<NOTE: Reports.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Updates.>> 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.
[[Page 133 STAT. 1637]]
(5) <<NOTE: Plan.>> 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) <<NOTE: Estimate. Time periods.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Plan.>> A detailed plan for the obligation and
expenditure of the funds requested for fiscal year 2020 for the
Department of Defense for stipends.
(10) <<NOTE: Transition plan.>> 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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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''.
[[Page 133 STAT. 1638]]
(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) <<NOTE: Effective date.>> Additional Technical Correction.--
Effective as of December 12, 2017, and as if included therein as
enacted, section 1222 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1651) is amended--
(1) by striking subsection (b); and
(2) by striking subsection (c)(3).
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND
INDIVIDUALS.
(a) Extension and Modification.--Section 1209 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 <<NOTE: 128 Stat. 3541.>> 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:
[[Page 133 STAT. 1639]]
``(A) The requirements and process used to determine
appropriately vetted recipients.
``(B) <<NOTE: Procedures.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Notifications.>> 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) <<NOTE: Effective date. Time period. Coordination.>>
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) <<NOTE: Assessment.>> An assessment of the
recruitment, throughput, and retention rates of
appropriately vetted recipients.
``(E) <<NOTE: Assessment.>> 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,
[[Page 133 STAT. 1640]]
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) <<NOTE: Estimates.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Time period. Effective
date. Notification.>> 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
[[Page 133 STAT. 1641]]
(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; <<NOTE: 128 Stat. 3541.>> 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
[[Page 133 STAT. 1642]]
(C) by striking ``, charges sufficient to recover''
and all that follows through ``with such sale''.
(6) Additional authority.--In subsection (f), by adding at
the end the following new paragraph:
``(3) Sunset.--The authority provided in this subsection
shall terminate on the date that is 90 days after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020.''.
(7) Reports.--In subsection (g)--
(A) in paragraph (1), by striking ``September 30,
2015'' and inserting ``September 30, 2020''; and
(B) in paragraph (2)--
(i) by striking ``current'' each place it
appears;
(ii) in subparagraph (A), by striking ``Iraq,
including'' and inserting ``Iraq that also
addresses'';
(iii) in subparagraph (B), by striking ``the
programs conducted'' and all that follows through
``will address'' and inserting ``United States
security assistance and security cooperation
activities are intended to address''; and
(iv) by amending subparagraph (F) to read as
follows:
``(F) An <<NOTE: Evaluation.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Appointment.>> The appointment of a Senior
Defense Official/Defense Attache to oversee the Office.
``(2) <<NOTE: Staffing plan.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Deadline. President. Consultation. Reports.>> 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
[[Page 133 STAT. 1643]]
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) <<NOTE: Coordination.>> 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) <<NOTE: President. Consultation.>> 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) <<NOTE: Alexanda Kotey.>> Alexanda Kotey.
(B) <<NOTE: El Shafee Elsheikh.>> El Shafee
Elsheikh.
(C) <<NOTE: Aine Lesley Davis.>> Aine Lesley Davis.
(D) <<NOTE: Umm Sayyaf.>> Umm Sayyaf.
(E) <<NOTE: Determination.>> Any other high-value
detained ISIS member that the coordinator reasonably
determines to be subject to criminal prosecution.
(2) <<NOTE: Analyses.>> 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
[[Page 133 STAT. 1644]]
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
[[Page 133 STAT. 1645]]
(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) <<NOTE: Definition.>> ISIS member.--The term ``ISIS
member'' means a person who was part of, or substantially
supported, the Islamic State of Iraq and Syria.
SEC. 1225. REPORT ON LESSONS LEARNED FROM EFFORTS TO LIBERATE
MOSUL AND RAQQAH FROM CONTROL OF THE
ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on lessons learned from
coalition operations to liberate Mosul, Iraq, and Raqqah, Syria, from
control of the Islamic State of Iraq and Syria (ISIS).
(b) Elements.--The report required by subsection (a) shall include a
description of lessons learned in connection with each of the following:
(1) Combat in densely populated urban environments.
(2) Enablement of partner forces, including unique aspects
of conducting combined operations with regular and irregular
forces.
(3) Advise, assist, and accompany efforts, including such
efforts conducted remotely.
(4) Integration of United States general purpose and special
operations forces.
(5) Integration of United States and international forces.
(6) Irregular and unconventional warfare approaches,
including the application of training and doctrine by special
operations and general purpose forces.
(7) Use of command, control, communications, computer,
intelligence, surveillance, and reconnaissance systems and
techniques.
(8) Logistics.
(9) Information operations.
(10) Targeting and weaponeering, including efforts to avoid
civilian casualties and other collateral damage.
(11) Facilitation of flows of internally displaced people
and humanitarian assistance.
(12) Such other matters as the Secretary considers
appropriate and could benefit training, doctrine, and resourcing
of future operations.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1226. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF IRAN
TO VICTIMS OF TERRORISM.
Section 502 of the Iran Threat Reduction and Syria Human Rights Act
of 2012 (22 U.S.C. 8772) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``in the United
States'' and inserting ``by or'';
(B) in subparagraph (B), by inserting ``, or an
asset that would be blocked if the asset were located in
the United States,'' after ``unblocked)''; and
(C) in the flush text at the end--
[[Page 133 STAT. 1646]]
(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.-- <<NOTE: President.>> 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) <<NOTE: Analysis. Assessment.>> 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.
[[Page 133 STAT. 1647]]
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) <<NOTE: Determination.>> determines that a waiver is in
the national security interest of the United States; and
(2) <<NOTE: Notification.>> 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
[[Page 133 STAT. 1648]]
(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) <<NOTE: Deadline. 22 USC 2593a note.>> 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:
[[Page 133 STAT. 1649]]
``(B) <<NOTE: Data.>> In the case of an observation
flight by the United States, including an observation
flight over the territory of Russia--
``(i) <<NOTE: Analysis.>> an analysis of data
collected that supports United States intelligence
and military collection goals; and
``(ii) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Estimate.>> an estimate for
the mitigation costs imposed on the Department of
Defense or other United States Government agencies
by such observation flight; and
``(iii) <<NOTE: Assessment.>> 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) <<NOTE: 22 USC 2593a note.>> 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
[[Page 133 STAT. 1650]]
Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3565; 22 U.S.C.
2593a note) is amended--
(1) by striking ``At the time'' and inserting the following:
``(1) In general.--At the time''; and
(2) by adding at the end the following new paragraph:
``(2) Sunset.--The briefing requirement under paragraph (1)
shall be in effect so long as the INF Treaty remains in
force.''.
(b) Notification Requirement Relating to Coordination With Allies.--
Section 1243(c) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1601) is amended by adding at
the end the following new paragraph:
``(3) Sunset.--The notification requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
(c) Notification Requirement Relating to Development, Deployment, or
Test of a System Inconsistent With INF Treaty.--Section 1244(a) of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1673; 22 U.S.C. 2593a note) is amended by adding at the
end the following new paragraph:
``(3) Sunset.--The notification requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
(d) Reporting Requirement Under Ukraine Freedom Support Act of
2014.--Section 10(c) of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8929) is amended by adding at the end the following new
paragraph:
``(3) Sunset.--The reporting requirement under paragraph (1)
shall be in effect so long as the INF Treaty remains in
force.''.
SEC. 1236. REPORT ON TREATIES RELATING TO NUCLEAR ARMS CONTROL.
(a) Findings.--Congress finds the following:
(1) On October 24, 2018, the House Committee on Armed
Services and House Committee on Foreign Affairs wrote to the
Secretary of Defense requesting information regarding the
Administration's policies and strategies related to nuclear arms
control.
(2) The Committees did not receive the requested information
from the Secretary of Defense.
(b) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1651]]
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) <<NOTE: Consultations.>> 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:
[[Page 133 STAT. 1652]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> Relating to ongoing
implementation of the new start treaty.--Not later than 60 days
after the date of the
[[Page 133 STAT. 1653]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation. Assessment.>> In general.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the Secretary of
Energy, shall submit a report to the congressional defense
committees that includes an assessment of the manner and extent
to which the United States nuclear force structure could change
if the New START Treaty expires in 2021, including current and
planned nuclear modernization programs, and associated costs.
(2) <<NOTE: Consultation. Plan.>> 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--
[[Page 133 STAT. 1654]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1655]]
SEC. 1239. UPDATED STRATEGY TO COUNTER THE THREAT OF MALIGN
INFLUENCE BY THE RUSSIAN FEDERATION AND
OTHER COUNTRIES.
(a) <<NOTE: Coordination.>> 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;
[[Page 133 STAT. 1656]]
(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. <<NOTE: Time period.>> 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) <<NOTE: 10
USC 221 note.>> 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. <<NOTE: Deadline. Consultation. Time
period.>> --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
[[Page 133 STAT. 1657]]
(iii) by adding at the end the following:
``(G) <<NOTE: Assessment.>> 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) <<NOTE: Timeline.>> 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) <<NOTE: Deadline. Consultation. Time period.>> In
general.--Not later than the date on which the Secretary of
Defense submits to Congress the budget request for the
Department of Defense for fiscal year 2021 and each fiscal year
thereafter, the Secretary, in consultation with the Commander of
the United States European Command, shall submit to the
congressional defense committees a future years plan on
activities and resources of the European Deterrence Initiative
for such fiscal year and not fewer than the four succeeding
fiscal years.
``(2) Matters to be included.--The plan required under
paragraph (1) shall include--
``(A) the matters described in subsection (b); and
``(B) a detailed explanation of any significant
modifications in requirements or resources, as compared
to the plan submitted under such subsection (b).''.
(6) In subsection (d), as redesignated, by striking ``The
plan required under subsection (a)'' and inserting ``The plans
required under subsections (a) and (c)''.
(7) In subsection (e), as redesignated, by striking
``Limitations'' and all that follows through ``In the case of''
and inserting ``Limitations.--In the case of''.
(b) <<NOTE: 10 USC 221 note.>> 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
[[Page 133 STAT. 1658]]
(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) <<NOTE: 10 USC 221 note.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Deadlines. 10 USC 221 note.>> 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)--
[[Page 133 STAT. 1659]]
(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) <<NOTE: Determination.>> 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--
[[Page 133 STAT. 1660]]
(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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1661]]
SEC. 1246. BALTIC DEFENSE ASSESSMENT; EXTENSION AND MODIFICATION
OF SECURITY ASSISTANCE FOR BALTIC
COUNTRIES FOR JOINT PROGRAM FOR
INTEROPERABILITY AND DETERRENCE AGAINST
AGGRESSION.
(a) <<NOTE: Deadline.>> Baltic Defense Assessment.--Not later than
1 year after the date of the enactment of this Act, the Secretary of
Defense and the Secretary of State shall jointly conduct a
comprehensive, multilateral assessment of the military requirements of
Lithuania, Latvia, and Estonia to deter and resist aggression by Russia
that--
(1) provides an assessment of past and current initiatives
to improve the efficiency, effectiveness, readiness and
interoperability of Lithuania, Latvia, and Estonia's national
defense capabilities; and
(2) assesses the manner in which to achieve such
improvements, including future resource requirements and
recommendations, by undertaking activities in the following
areas:
(A) Activities to increase the rotational and
forward presence, improve the capabilities, and enhance
the posture and response readiness of the United States
or NATO forces in the Baltic region.
(B) Activities to improve air defense systems,
including modern air-surveillance capabilities.
(C) Activities to improve counter-unmanned aerial
system capabilities.
(D) Activities to improve command and control
capabilities through increasing communications,
technology, and intelligence capacity and coordination,
including secure and hardened communications.
(E) Activities to improve intelligence,
surveillance, and reconnaissance capabilities.
(F) Activities to enhance maritime domain awareness.
(G) Activities to improve military and defense
infrastructure, logistics, and access, particularly
transport of military supplies and equipment.
(H) Investments to ammunition stocks and storage.
(I) Activities and training to enhance cyber
security and electronic warfare capabilities.
(J) Bilateral and multilateral training and
exercises.
(K) New and existing cost-sharing mechanisms with
United States and NATO allies to reduce financial
burden.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense and the Secretary of State jointly
shall submit to the appropriate congressional committees a report, which
shall be submitted in unclassified form but may include a classified
annex, that includes each of the following:
(1) A report on the findings of the assessment conducted
pursuant to subsection (a).
(2) <<NOTE: List. Recommenda- tions.>> 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) <<NOTE: Plan.>> A plan for the United States to use
appropriate security cooperation authorities or other
authorities to--
(A) facilitate relevant recommendations included in
the list described in paragraph (2);
[[Page 133 STAT. 1662]]
(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) <<NOTE: List.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Definition.>> 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
[[Page 133 STAT. 1663]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Reports.>> 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.''.
[[Page 133 STAT. 1664]]
(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) <<NOTE: Assessment.>> 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 <<NOTE: 10 USC 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 <<NOTE: 10 USC 2350a prec.>> by adding at the end the following
new item:
``2350n. North Atlantic Treaty Organization Joint Force Command.''.
[[Page 133 STAT. 1665]]
SEC. 1250. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION READINESS
INITIATIVE.
(a) <<NOTE: Assessments.>> Report.--Not later than October 1, 2020,
the Secretary of Defense shall submit to the congressional defense
committees a report on the North Atlantic Treaty Organization (NATO)
Readiness Initiative, which shall include assessments of the following:
(1) The number of units North Atlantic Treaty Organization
allies have pledged against the benchmark to provide an
additional 30 air attack squadrons, 30 naval combat vessels, and
30 mechanized battalions ready to fight in not more than 30
days.
(2) <<NOTE: Procedure. Certification.>> 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) <<NOTE: Plan.>> 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. <<NOTE: 22 USC 2373 note.>> 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
[[Page 133 STAT. 1666]]
(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) <<NOTE: President.>> 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) <<NOTE: 10 USC 333 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.
[[Page 133 STAT. 1667]]
``(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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1668]]
``(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) <<NOTE: Reports.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1669]]
authorities of the Department of Defense or security
assistance authorities of the Department of State, may
be used to enhance the priority capabilities of each
such country.
(D) A description, as appropriate, of the manner in
which the Secretary of Defense, together with the
Secretary of State, shall ensure that security
cooperation with and security assistance to such
countries complement regional engagement efforts
undertaken by United States allies, including the
Pacific Step-Up efforts of the Government of Australia
and the ``Pacific Reset'' efforts of the Government of
New Zealand.
(E) A description of absorption capacity and
sustainability issues for each such country and a plan
to resolve such issues.
(F) An identification of the estimated annual cost
for such assistance and training for fiscal years 2020
through 2025.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Subcommittee on
State, Foreign Operations, and Related Programs of the Committee
on Appropriations of the House of Representatives.
SEC. 1253. <<NOTE: Assessments.>> REPORT ON RESOURCING UNITED
STATES DEFENSE REQUIREMENTS FOR THE
INDO-PACIFIC REGION AND STUDY ON
COMPETITIVE STRATEGIES.
(a) Report Required.--
(1) <<NOTE: Time periods.>> 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.
[[Page 133 STAT. 1670]]
(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) <<NOTE: Plan.>> A plan to fully resource
United States force posture and capabilities,
including--
(I) <<NOTE: Cost estimates.>> 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) <<NOTE: Timeline.>> 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
[[Page 133 STAT. 1671]]
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. <<NOTE: Time period. Certification.>> 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:
[[Page 133 STAT. 1672]]
(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) <<NOTE: Consultation.>> The Secretary has appropriately
consulted with allies of the United States, including South
Korea and Japan, regarding such a reduction.
SEC. 1255. REPORT ON DIRECT, INDIRECT, AND BURDEN-SHARING
CONTRIBUTIONS OF JAPAN AND SOUTH KOREA.
(a) In General.--Not later than the date agreed to in accordance
with subsection (e)(2), the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on the
direct, indirect, and burden-sharing contributions of Japan and South
Korea to support overseas military installations of the United States
and United States Armed Forces deployed to or permanently stationed in
Japan and South Korea, respectively.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The benefits to United States national security and
regional security derived from the forward presence of the Armed
Forces in the Indo-Pacific region, including Japan and South
Korea.
(2) For calendar year 2016 and each subsequent calendar
year, the overall cost for the presence of the Armed Forces in
Japan and South Korea and the breakdown of such costs between
the United States and the respective host nations.
(3) For calendar year 2016 and each subsequent calendar
year, a description of the one-time and recurring costs
associated with the presence of the Armed Forces in Japan and
South Korea, including--
(A) costs to relocate the Armed Forces within Japan
and South Korea and to realign the Armed Forces from
Japan and South Korea;
(B) military personnel costs;
(C) operation and maintenance costs; and
(D) military construction costs.
(4) A description of direct, indirect, and burden-sharing
contributions of Japan and South Korea, including--
(A) contributions for labor costs associated with
the presence of the Armed Forces;
(B) contributions to military construction projects
of the Department of Defense, including planning,
design, environmental reviews, construction,
construction management costs, rents on privately-owned
land, facilities, labor, utilities, and vicinity
improvements;
(C) contributions such as loan guarantees on public-
private venture housing and payment-in-kind for
facilities returned to Japan and South Korea;
(D) contributions accepted for labor, logistics,
utilities, facilities, and any other purpose; and
(E) other contributions, such as Camp Humphreys and
the Futenma Replacement Facility, as determined
appropriate by the Comptroller General.
(5) The methodology and accounting procedures used to
measure and track direct, indirect, and burden-sharing
contributions made by Japan and South Korea.
[[Page 133 STAT. 1673]]
<<NOTE: Determination.>> (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) <<NOTE: Deadline.>> 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,
[[Page 133 STAT. 1674]]
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. <<NOTE: 22 USC 1971 note prec.>> 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--
[[Page 133 STAT. 1675]]
(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) <<NOTE: Consultation. Reports.>> 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) <<NOTE: Assessment.>> an assessment of
threats to both the United States and the Republic
of the Philippines national security interests in
the region and the role of the Department in
addressing such threats;
(ii) a description of the strategic security
challenges that are detrimental to regional peace
and global stability, including challenges posed
by the People's Republic of China, violent
extremist organizations, and natural disasters;
and
(iii) a description of each violent extremist
organization that presents a threat to the
Republic of the Philippines, including, with
respect to each such organization--
(I) the primary objectives of the
organization;
(II) <<NOTE: Assessment.>> an
assessment of--
(aa) the capacity and
capability of the organization;
[[Page 133 STAT. 1676]]
(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) <<NOTE: Review. Criteria. Determination.>> An
identification of all current and planned Department
resources, programs, and activities to support the
strategy required by paragraph (1), including a review
of the necessity of an ongoing named operation and the
criteria used to determine such necessity.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.
(2) Mutual defense treaty.--The term ``Mutual Defense
Treaty'' means the Mutual Defense Treaty between the Republic of
the Philippines and the United States of America, done at
Washington August 30, 1951.
SEC. 1259. REPORT ON SECURITY COOPERATION WITH THE PHILIPPINE
NATIONAL POLICE.
(a) Report.--Not later than 150 days after the date of the enactment
of this Act, the Secretary of Defense, in concurrence with the Secretary
of State, shall submit to the appropriate congressional committees a
report concerning security sector assistance programs with the
Philippine National Police.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of current and planned security sector
assistance programs with the Philippine National Police.
(2) The purpose, objectives, and type of training,
equipment, or assistance provided under each such program or
activity.
(3) An identification of the lead agency responsible for
each such program or activity.
(4) An identification of the authority or authorities under
which each such program or activity is conducted.
[[Page 133 STAT. 1677]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Consultation.>> 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)--
[[Page 133 STAT. 1678]]
(A) by amending paragraph (26) to read as follows:
``(26) <<NOTE: Assessments.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> An assessment of the military-
to-military relations between China and Russia, including an
identification of mutual and competing interests.
``(31) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1679]]
(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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Coordination. Analysis.>> 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) <<NOTE: Plans.>> plans to overcome any current
intelligence collection deficiencies, including an analysis of
both United States and
[[Page 133 STAT. 1680]]
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) <<NOTE: Coordination.>> Review.--The Secretary of Defense, in
coordination with the Secretary of State, shall conduct a review of--
(1) whether, and the means by which, as applicable, the
Government of the People's Republic of China or the Chinese
Communist Party are affecting, including through military,
economic, information, digital, diplomatic, or any other form of
coercion--
(A) the security, or the social and economic system,
of the people of Taiwan;
(B) the military balance of power between the
People's Republic of China and Taiwan; or
(C) the expectation that the future of Taiwan will
continue to be determined by peaceful means; and
(2) the role of United States policy toward Taiwan with
respect to the implementation of the 2017 National Security
Strategy and the 2018 National Defense Strategy.
(b) Report.--
(1) <<NOTE: Coordination.>> 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) <<NOTE: Assessments.>> The assessments
resulting from the review.
(B) <<NOTE: Recommenda- tions.>> 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.).
[[Page 133 STAT. 1681]]
(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;
[[Page 133 STAT. 1682]]
(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) <<NOTE: Deadline. Contracts.>> 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;
[[Page 133 STAT. 1683]]
(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) <<NOTE: Analysis. Assessments.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Review. Determination.>> 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.
[[Page 133 STAT. 1684]]
(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) <<NOTE: Recommenda- tions.>> Policy and legislative
recommendations to enhance the position of the United States in
affairs of the Arctic region, including--
(A) recommendations for how the United States would
best interact with nongovernmental organizations such as
the World Bank, Arctic Council, United Nations General
Assembly, and International Maritime Organization;
(B) recommendations to pursue or not pursue the
formation of an Arctic Development Bank and, if pursued,
how to organize, fund, and operate the bank;
(C) measures the United States can take to promote
regional governance and eliminate the soft-power
influence from Chinese foreign direct investment, in
particular, steps where the United States and Russia
should cooperate; and
(D) the possibility of negotiating a regional
arrangement to regulate foreign direct investment in
countries of the Arctic region.
(c) Report to Department of Defense.--Not later than 720 days after
the date of the enactment of this Act, the federally-funded research and
development center with respect to which the Secretary of Defense has
entered into a contract under subsection (a) shall submit to the
Secretary a report containing the study under subsections (a) and (b).
(d) Report to Congress.--Not later than 750 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees the report under subsection (c),
without change.
(e) Appropriate Congressional Committee Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 1260F. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG.
It is the sense of Congress that--
(1) Congress stands unequivocally with the people of Hong
Kong as they defend their rights and freedoms and preserve their
autonomy against the People's Republic of China;
(2) the Government of the People's Republic of China
should--
(A) abide fully by its commitments in the Sino-
British Joint Declaration of 1984 to allow the people of
Hong Kong a high degree of autonomy to govern Hong Kong;
(B) adhere fully to Hong Kong's Basic Law of 1997;
and
(C) immediately cease and desist in its interference
in the political and legal affairs of Hong Kong;
[[Page 133 STAT. 1685]]
(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.
[[Page 133 STAT. 1686]]
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. <<NOTE: Vietnam.>> 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.
[[Page 133 STAT. 1687]]
(d) <<NOTE: Determination. Deadline.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Applicability.>> 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--
[[Page 133 STAT. 1688]]
(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) <<NOTE: President.>> 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) <<NOTE: Public information.>> Form.--The report required by
subsection (a) shall be submitted in unclassified form and publicly
accessible, but may include a classified annex.
SEC. 1260K. REPORT ON THE LAY-DOWN OF UNITED STATES MARINES IN THE
INDO-PACIFIC REGION.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the implementation of the planned
distributed lay-down of members of the United States Marine Corps in
Okinawa, Guam, Hawaii, Australia, and other locations.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the relationship between the planned
distributed lay-down in the Indo-Pacific region and the
implementation of the National Defense Strategy with respect to
such region.
(2) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1689]]
(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) <<NOTE: 50 USC 1549.>> 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) <<NOTE: List.>> 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) <<NOTE: Criteria.>> 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 <<NOTE: Public information.>> 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) <<NOTE: Contracts.>> In General.--The Secretary of Defense
shall seek to enter into a contract with a not-for-profit entity or
federally funded
[[Page 133 STAT. 1690]]
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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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).
[[Page 133 STAT. 1691]]
(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) <<NOTE: Records.>> 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) <<NOTE: Deadline. Contracts.>> 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.
[[Page 133 STAT. 1692]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Records.>> In general.--Not later
than July 1, 2020, the Secretary shall submit to the
congressional defense committees an unaltered copy of the
results under subsection (b), together with the written
perspectives of the Secretary and the Chairman of the Joint
Chiefs of Staff with respect to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Posture Review Period Defined.--In this section, the term
``posture review period'' means the period beginning on the date that is
five years after the date of the enactment of this Act and ending on the
date that is 15 years after such date of enactment.
SEC. 1264. <<NOTE: 42 USC 2153 note.>> LIMITATION ON PRODUCTION
OF NUCLEAR PROLIFERATION ASSESSMENT
STATEMENTS.
(a) <<NOTE: President.>> 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) <<NOTE: Effective date. President. Reports.>> 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.
[[Page 133 STAT. 1693]]
(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) <<NOTE: Contracts.>> 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) <<NOTE: List.>> 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) <<NOTE: Overview.>> An overview of all foreign military
sales and foreign military financing programs with partner
countries in the Western Hemisphere.
(8) <<NOTE: List.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1694]]
(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) <<NOTE: Records.>> an unedited copy of the
report submitted in accordance to paragraph (1); and
(B) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1695]]
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) <<NOTE: Deadline. Contracts.>> 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
[[Page 133 STAT. 1696]]
(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) <<NOTE: Procedures.>> the processes and
procedures within the military and security forces
of Honduras to ensure accountability for such
activities.
(D) An analysis of--
(i) the security cooperation provided to
Honduras by the Department during the 3-year
period preceding the date of the enactment of this
Act; and
(ii) the extent to which such cooperation has
improved accountability, transparency, and
compliance to international human rights laws and
standards in the security and military operations
of the Government of Honduras.
(E)(i) An identification of the units of the
military and security forces of Honduras trained by the
Department.
(ii) An analysis of the role such units have had, if
any, in the training, deployment, and command of the
Military Police for Public Order (PMOP) in Honduras.
(F) An analysis of the security cooperation of the
Department with military intelligence and special forces
units of Honduras.
(G) An analysis of the relative importance of
providing development assistance to Honduras to achieve
United States national security objectives, including
countering the proliferation of illegal narcotics flows
through Honduras.
(H) <<NOTE: Recommenda- tions.>> 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
[[Page 133 STAT. 1697]]
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1269. <<NOTE: Assessments.>> BRIEFING ON STRATEGY TO IMPROVE
THE EFFORTS OF THE NIGERIAN MILITARY TO
PREVENT, MITIGATE, AND RESPOND TO
CIVILIAN HARM.
<<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1698]]
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1271. <<NOTE: 50 USC 1541 note.>> 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.
[[Page 133 STAT. 1699]]
SEC. 1273. <<NOTE: Time period.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Time period.>> 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,
[[Page 133 STAT. 1700]]
and the extent to which such expenses have been reimbursed by
members of the Saudi-led coalition.
(2) Elements.--Each report required under paragraph (1)
shall include the following:
(A) The total expenses incurred by the United States
in providing in-flight refueling services, including
fuel, flight hours, and other applicable expenses, to
Saudi or Saudi-led coalition, non-United States aircraft
conducting missions as part of the civil war in Yemen.
(B) The amount of the expenses described in
subparagraph (A) that has been reimbursed by each member
of the Saudi-led coalition.
(C) <<NOTE: Reimbursement.>> 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. <<NOTE: Certification. Time period.>> --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
[[Page 133 STAT. 1701]]
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) <<NOTE: Determination.>> 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) <<NOTE: List.>> 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) <<NOTE: Determination.>> 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--
[[Page 133 STAT. 1702]]
(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. <<NOTE: 22 USC 8606 note.>> UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED AERIAL
SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned Aerial
Systems.--
(1) <<NOTE: Consultation. Research and
development. Evaluation.>> 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) <<NOTE: Memorandums.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Time period.>> 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.
[[Page 133 STAT. 1703]]
(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) <<NOTE: Records.>> Semiannual Reports.--The Secretary of
Defense shall submit to the appropriate committees of Congress on a
semiannual basis a report that contains a copy of the most recent
semiannual report provided by the Government of Israel to the Department
of Defense pursuant to subsection (a)(2)(B)(iii).
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security, the
Committee on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, the
Committee on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(f) Sunset.--The authority in this section to carry out activities
described in subsection (a), and to provide support described in
subsection (b), shall expire on December 31, 2024.
SEC. 1279. EXTENSION AND MODIFICATION OF AUTHORITY FOR UNITED
STATES-ISRAEL ANTI-TUNNEL COOPERATION
ACTIVITIES.
(a) Modification of Authority.--Subsection (a) of section 1279 of
the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C.
8606 note) is amended, in the first sentence, by striking ``and to
establish capabilities for countering unmanned aerial systems''.
(b) Exception to Matching Contribution Requirement.--Subsection
(b)(3) of such section is amended--
[[Page 133 STAT. 1704]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: 10 USC 2358 note.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1705]]
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) <<NOTE: List. Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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'';
[[Page 133 STAT. 1706]]
(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) <<NOTE: Deadline.>> Briefing.--Not later than 180 days after
the date of the enactment of this subsection, the senior civilian
official designated
[[Page 133 STAT. 1707]]
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) <<NOTE: Consultation.>> In General.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Commerce,
in consultation with the heads of appropriate agencies, shall submit to
the appropriate congressional committees a report on addressing the
threat or potential threat posed by the export, reexport, or in-country
transfer of satellites described in section 1261(c)(1) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22
U.S.C. 2778 note) to entities described in subsection (b).
(b) Entities Described.--
(1) In general.--An entity described in this subsection is
an entity the beneficial owner of which is--
(A) an individual who is a citizen or national of a
country described in section 1261(c)(2) of the National
Defense Authorization Act for Fiscal Year 2013;
(B) an entity organized under the laws of or
otherwise subject to the jurisdiction of such a country;
(C) the government of such a country; or
(D) any other individual or entity the Secretary
determines would detrimentally affect the national
security of the United States.
(2) Determination of beneficial ownership.--For purposes of
paragraph (1), the Secretary shall identify a person as the
beneficial owner of an entity--
(A) in a manner that is not less stringent than the
manner set forth in section 240.13d-3 of title 17, Code
of Federal Regulations (as in effect on the date of the
enactment of this Act); and
(B) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Examination.>> 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
[[Page 133 STAT. 1708]]
could subsequently be leased or sold to, or otherwise used by,
an entity described in subsection (b).
(3) <<NOTE: Examination.>> 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) <<NOTE: Recommenda- tions. Assessment.>>
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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation.>> 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. <<NOTE: 22 USC 8784 note.>> 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.
[[Page 133 STAT. 1709]]
SEC. 1285. <<NOTE: 50 USC 1550.>> REPORTS AND BRIEFINGS ON USE OF
MILITARY FORCE AND SUPPORT OF PARTNER
FORCES.
(a) <<NOTE: Time period.>> 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) <<NOTE: Lists.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> 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) <<NOTE: President. Compliance.>> 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
[[Page 133 STAT. 1710]]
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) <<NOTE: Time period. President.>> 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.
[[Page 133 STAT. 1711]]
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year 2020 for
expenses, not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection (a)
are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
WIDE.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2020 for expenses, not otherwise provided for,
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as
specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department of
Defense for fiscal year 2020 for expenses, not otherwise provided for,
for the Office of the Inspector General of the Department of Defense, as
specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
[[Page 133 STAT. 1712]]
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 <<NOTE: State listing.>> --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.
[[Page 133 STAT. 1713]]
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.
[[Page 133 STAT. 1714]]
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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1715]]
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) <<NOTE: Notification.>> 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) <<NOTE: Time period.>> In general.--Not later
than 90 days after the date of the enactment of this Act
and every 90-day period thereafter during which the
authority provided by paragraph (1) is exercised, the
Secretary shall submit to the congressional defense
committees a report describing the equipment accepted
during the period covered by such report under the
following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2575).
(iii) Section 1531(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law
113-66; 127 Stat. 938; 10 U.S.C. 2302 note).
(B) <<NOTE: List. Records.>> 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;
[[Page 133 STAT. 1716]]
(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) <<NOTE: Deadline. Consultation.>> 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.
[[Page 133 STAT. 1717]]
(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) <<NOTE: Time period.>> 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.
[[Page 133 STAT. 1718]]
(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) <<NOTE: Determinations. Coordination. Certifications. Deadlin
es.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1719]]
available to the Department of Defense in this subtitle for
fiscal year 2020 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this subsection
may not exceed $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
SEC. 1521. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2020
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4103.
SEC. 1522. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section 4203.
SEC. 1523. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4303.
SEC. 1524. RESTRICTION ON TRANSFER OF FUNDS AUTHORIZED BY THIS
SUBTITLE.
(a) <<NOTE: Determination.>> 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). <<NOTE: State listing.>> 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.
[[Page 133 STAT. 1720]]
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.
[[Page 133 STAT. 1721]]
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.
[[Page 133 STAT. 1722]]
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, <<NOTE: 10 USC 161 prec.>> 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.''.
[[Page 133 STAT. 1723]]
SEC. 1603. DEMONSTRATION OF BACKUP AND COMPLEMENTARY POSITIONING,
NAVIGATION, AND TIMING CAPABILITIES OF
GLOBAL POSITIONING SYSTEM.
<<NOTE: Effective date.>> 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. <<NOTE: 10 USC 2271 note.>> 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) <<NOTE: Time period.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Timelines.>> 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).
[[Page 133 STAT. 1724]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2271 note.>> 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. <<NOTE: 10 USC 2281 note.>> 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
[[Page 133 STAT. 1725]]
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) <<NOTE: Assessments.>> Elements.--In carrying out the program
under subsection (a), the Secretary shall--
(1) with respect to each covered signal that could be
received by the prototype receiver under such program, conduct
an assessment of the relative benefits and risks of using that
signal, including with respect to any existing or needed
monitoring infrastructure that would alert users of the
Department of Defense of potentially corrupted signal
information, and the cyber risks and challenges of incorporating
such signals into a properly designed receiver;
(2) ensure that monitoring systems are able to include any
monitoring network of the United States or allies of the United
States;
(3) conduct an assessment of the benefits and risks,
including with respect to the compatibility of non-United States
global navigation satellite system signals with existing
position, navigation, and timing equipment of the United States,
and the extent to which the capability to receive such signals
would impact current receiver or antenna design; and
(4) <<NOTE: Coordination.>> 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.-- <<NOTE: Deadline. Coordination. Plans.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Schedule.>> 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) <<NOTE: Recommenda- tions. Analysis.>> 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) <<NOTE: Assessments.>> 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--
[[Page 133 STAT. 1726]]
(1) <<NOTE: Compliance.>> 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) <<NOTE: Consultation.>> 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.
[[Page 133 STAT. 1727]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Estimates.>> 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. <<NOTE: 10 USC 2273 note.>> PROGRAM TO ENHANCE AND
IMPROVE LAUNCH SUPPORT AND
INFRASTRUCTURE.
(a) <<NOTE: Coordination.>> 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.
[[Page 133 STAT. 1728]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment. Determination.>> 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) <<NOTE: Certification. Estimates.>> 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) <<NOTE: Reports.>> 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.
[[Page 133 STAT. 1729]]
SEC. 1611. INDEPENDENT STUDY ON PLAN FOR DETERRENCE IN SPACE.
(a) Independent Study.--
(1) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Assessment.>> Matters included.--The study
under paragraph (1) shall include, at a minimum, the following:
(A) An assessment of the existing range of major
studies and writings on space deterrence and a
comprehensive comparative analysis of the conclusions of
such studies and writings.
(B) <<NOTE: Examination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>> 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;
[[Page 133 STAT. 1730]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Reports.>> 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
[[Page 133 STAT. 1731]]
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) <<NOTE: Survey.>> 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) <<NOTE: Recommenda- tions.>> recommendations with
respect to the remediation of such risks; and
[[Page 133 STAT. 1732]]
(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) <<NOTE: 10 USC 137 note.>> 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) <<NOTE: 10 USC 137 note.>> 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) <<NOTE: 10 USC 137 note.>> Rule of Construction Regarding
Effects of Redesignation.--Nothing in this section shall be construed to
modify or expand the authorities, resources, responsibilities, roles, or
missions of the Under Secretary of Defense for Intelligence and
Security, as redesignated by this section.
(d) Protection of Privacy and Civil Liberties.--Section 137 of title
10, United States Code, is amended--
[[Page 133 STAT. 1733]]
(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 <<NOTE: 10 USC 131 prec.>> 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
[[Page 133 STAT. 1734]]
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--
[[Page 133 STAT. 1735]]
``(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) <<NOTE: Definitions.>> In this subsection:
``(A) The term `congressional intelligence committees' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(B) The term `Defense Intelligence Enterprise' means the
organizations, infrastructure, and measures, including policies,
processes, procedures, and products, of the intelligence,
counterintelligence, and security components of each of the
following:
``(i) The Department of Defense.
``(ii) The Joint Staff.
``(iii) The combatant commands.
``(iv) The military departments.
``(v) Other elements of the Department of Defense
that perform national intelligence, defense
intelligence, intelligence-related, counterintelligence,
or security functions.
``(C) The term `fulfillment rate' means the percentage of
combatant command intelligence and counterintelligence
requirements satisfied by available, acquired, or realigned
intelligence and counterintelligence capabilities or activities.
``(D) The term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1623. MODIFICATION OF ANNUAL AUTHORIZATION OF APPROPRIATIONS
FOR NATIONAL FLAGSHIP LANGUAGE
INITIATIVE.
Section 811(a) of the Fair Chance Act (50 U.S.C. 1911(a)) is
amended--
(1) by striking ``fiscal year 2003'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$10,000,000'' and inserting
``$16,000,000''.
[[Page 133 STAT. 1736]]
SEC. 1624. IMPROVING THE ONBOARDING METHODOLOGY FOR INTELLIGENCE
PERSONNEL.
(a) <<NOTE: Reports.>> 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) <<NOTE: Deadline. Assessment. Time period.>> 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) <<NOTE: Survey.>> not later than December 31, 2020,
distribute surveys to human resources offices and applicants
about their experiences with the onboarding process in elements
of the intelligence community.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the
Committee on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on Armed Services of the House of
Representatives.
(2) The term ``intelligence community'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1625. <<NOTE: 10 USC 1564 note.>> 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.--
[[Page 133 STAT. 1737]]
(1) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> 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;
[[Page 133 STAT. 1738]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Evaluation.>> an evaluation of--
[[Page 133 STAT. 1739]]
(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) <<NOTE: Recommenda- tions.>> 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).
[[Page 133 STAT. 1740]]
(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. <<NOTE: 10 USC 1564 note.>> REPORTS ON CONSOLIDATED
ADJUDICATION FACILITY OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) <<NOTE: Time period.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Assessments.>> Contents.--The report submitted under
subsection (a) shall include the following:
(1) Identification of the resources and authorities
appropriate for the inspector general for the expanded purview
of the Defense Counterintelligence and Security Agency.
(2) Identification of the resources and authorities needed
to perform the civil liberties and privacy officer function of
the Defense Counterintelligence and Security Agency.
(3) An assessment of the security protocols in effect for
personally identifiable information held by the Defense
Counterintelligence and Security Agency.
(4) An assessment of the governance structure of the Defense
Counterintelligence and Security Agency as it relates to the
Department of Defense, including with respect to status,
authorities, and leadership.
(5) An assessment of the governance structure of the Defense
Counterintelligence and Security Agency as it relates to
interagency partners, including the Office of Management and
Budget, the Office of the Director of National Intelligence, and
the Office of Personnel Management.
[[Page 133 STAT. 1741]]
(6) The methodology the Defense Counterintelligence and
Security Agency will prioritize requests for background
investigation requests from government agencies and industry.
SEC. 1629. <<NOTE: 10 USC 1564 note.>> 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. <<NOTE: 10 USC 397.>> Principal Information
Operations Advisor
``(a) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Standards.>> Promulgation of standards for
the attribution or public acknowledgment, if any, of operations
in the information environment.
[[Page 133 STAT. 1742]]
``(7) <<NOTE: Guidance.>> 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 <<NOTE: 10 USC 391 prec.>> 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 <<NOTE: 10 USC 101
prec.>> is amended by striking the item relating to
chapter 19 and inserting the following new item:
``19. Cyber and Information Operations Matters....................391''.
(b) <<NOTE: 10 USC 397 note.>> 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) <<NOTE: 10 USC 397 note.>> 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) <<NOTE: 10 USC 397 note.>> 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) <<NOTE: Updates.>> An update, disaggregated by
geographic and functional command, that describes the operations
carried out by the commands.
[[Page 133 STAT. 1743]]
(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) <<NOTE: 10 USC 397 note.>> 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) <<NOTE: 10 USC 397 note.>> 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) <<NOTE: 10 USC 397 note.>> Strategy and Posture Review.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1744]]
(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) <<NOTE: Coordination. Evaluation.>> 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) <<NOTE: Assessment.>> An assessment of various
models for operationalizing information operations,
including the feasibility and advisability of
establishing an Army Information Warfare Command.
(D) <<NOTE: Review.>> 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) <<NOTE: Review.>> 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) <<NOTE: 10 USC 397 note.>> Report.--
(1) <<NOTE: Plan.>> 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:
[[Page 133 STAT. 1745]]
(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) <<NOTE: 10 USC 397 note.>> 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--
[[Page 133 STAT. 1746]]
``(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) <<NOTE: 10 USC 2224 note.>> is amended by
adding at the end the following new subsections:
``(f) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1747]]
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) <<NOTE: 10 USC 117 note.>> Metrics.--
(1) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: 10 USC 117 note.>> Modification of Readiness Reporting
System.--Not later than 180 days after the date of the enactment of this
Act, the
[[Page 133 STAT. 1748]]
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) <<NOTE: Effective date. 10 USC 484 note.>> 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) <<NOTE: 10 USC 394 note.>> is amended--
(1) in subsection (a), by inserting ``, not later than
December 31, 2022, and quadrennially thereafter,'' before
``conduct'';
(2) in subsection (b), by striking ``the review'' and
inserting ``each review'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``The review'' and inserting ``Each review'';
(B) by redesignating paragraph (9) as paragraph
(11); and
(C) by inserting after paragraph (8) the following
new paragraphs:
``(9) An assessment of the potential costs, benefits, and
value, if any, of establishing a cyber force as a separate
uniformed service.
``(10) Any recurrent problems or capability gaps that remain
unaddressed since the previous posture review.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the cyber'' and
inserting ``each cyber'';
(B) in paragraph (2), by striking ``The report'' and
inserting ``Each report''; and
(C) by striking paragraph (3); and
(5) in subsection (e), by striking ``period beginning on the
date that is five years after the date of the enactment of this
Act and ending on the date that is 10 years after such date of
enactment'' and inserting ``eight-year period that begins on the
date of each review conducted under subsection (a)''.
SEC. 1636. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED FOR
TERMINATION OF DUAL-HAT ARRANGEMENT FOR
COMMANDER OF THE UNITED STATES CYBER
COMMAND.
Section 1642 of the National Defense Authorization Act for Fiscal
Year 2017 (130 Stat. 2601; Public Law 114-328) is amended--
(1) in subsection (b)(2)(C)--
(A) in clause (ii), by inserting ``and national
intelligence operations'' after ``operations'';
(B) by amending clause (iii) to read as follows:
``(iii) The tools, weapons, and accesses used
in and available for military cyber operations are
sufficient for achieving required effects and
United States Cyber
[[Page 133 STAT. 1749]]
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) <<NOTE: Deadline.>> 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. <<NOTE: Termination date.>> 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 <<NOTE: 132 Stat. 2137.>> 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).''.
[[Page 133 STAT. 1750]]
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 <<NOTE: 132 Stat. 2146.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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). <<NOTE: Evaluation.>> 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. <<NOTE: 10 USC 2224 note.>> 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;
[[Page 133 STAT. 1751]]
(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. <<NOTE: Deadlines. 10 USC 394 note.>> 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) <<NOTE: List.>> A list of countries in which
such authorities may be exercised.
[[Page 133 STAT. 1752]]
(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. <<NOTE: Notification.>> The Secretary shall promptly
notify such committees in writing of any changes to such
procedures at least 14 days prior to the adoption of any such
changes.
(2) Sufficiency.--The Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate shall ensure that committee procedures designed to
protect from unauthorized disclosure classified information
relating to national security of the United States are
sufficient to protect the information that is submitted to such
committees pursuant to this section.
(3) Notification in event of unauthorized disclosure.--In
the event of an unauthorized disclosure of authorities covered
by this section, the Secretary of Defense shall ensure, to the
maximum extent practicable, that the Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate are notified immediately. Notification
under this paragraph may be verbal or written, but in the event
of a verbal notification, a written notification signed by the
Secretary shall be provided by not later than 48 hours after the
provision of such verbal notification.
SEC. 1643. <<NOTE: Certification.>> 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. <<NOTE: 10 USC 394 note.>> 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.
[[Page 133 STAT. 1753]]
(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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 2224 note.>> CONTROL AND ANALYSIS OF
DEPARTMENT OF DEFENSE DATA STOLEN
THROUGH CYBERSPACE.
(a) <<NOTE: Determination.>> 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;
[[Page 133 STAT. 1754]]
(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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2224 note.>> 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.
[[Page 133 STAT. 1755]]
(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) <<NOTE: Test.>> 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) <<NOTE: Procedures.>> 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. <<NOTE: Contracts. 10 USC 2224 note.>> FRAMEWORK TO
ENHANCE CYBERSECURITY OF THE UNITED
STATES DEFENSE INDUSTRIAL BASE.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1756]]
(C) <<NOTE: Coordination.>> Coordinating with and
providing assistance to the defense industrial base for
cybersecurity matters, particularly as relates to the
programs and processes described in paragraphs (8) and
(9).
(D) Management and oversight of the acquisition
process, including responsibility determination,
solicitation, award, and contractor management, relating
to cybersecurity standards, regulations, metrics,
ratings, third-party certifications, or requirements.
(3) The responsibilities of the prime contractors, and all
subcontractors in the supply chain, for implementing the
required cybersecurity standards, regulations, metrics, ratings,
third-party certifications, and requirements identified under
paragraph (1).
(4) Definitions for ``Controlled Unclassified Information''
(CUI) and ``For Official Use Only'' (FOUO), as well as policies
regarding protecting information designated as either of such.
(5) Methods and programs for managing controlled
unclassified information, and for limiting the presence of
unnecessary sensitive information on contractor networks.
(6) <<NOTE: Plan.>> A plan to provide implementation
guidance, education, manuals, and, as necessary, direct
technical support or assistance, to contractors on matters
relating to cybersecurity.
(7) <<NOTE: Assessment.>> 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) <<NOTE: Lists.>> 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.
[[Page 133 STAT. 1757]]
(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) <<NOTE: Deadline.>> 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).
[[Page 133 STAT. 1758]]
(B) Identification of such pilot programs as the
Secretary considers may be required to improve the
cybersecurity of the defense industrial base.
(C) <<NOTE: Timelines.>> Implementation timelines
and identification of costs.
(D) <<NOTE: Recommenda- tions.>> Such
recommendations as the Secretary may have for
legislative action to improve the cybersecurity of the
defense industrial base.
(f) Quarterly Briefings.--
(1) <<NOTE: Termination date.>> 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. <<NOTE: Deadline. President. Records.>> 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.
[[Page 133 STAT. 1759]]
SEC. 1651. <<NOTE: Deadlines. 10 USC 2223a note.>> 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) <<NOTE: Strategy.>> 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) <<NOTE: Determination.>> determine the
appropriate number, organization, and functions of
separate Big Data Platform instances, and whether the
Big Data Platform instances that are currently managed
by Department of Defense components,
[[Page 133 STAT. 1760]]
including the military services, should instead be
jointly and regionally organized, or terminated;
(E) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1761]]
(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. <<NOTE: Assessment. 10 USC 1599f note.>> ZERO-BASED
REVIEW OF DEPARTMENT OF DEFENSE CYBER
AND INFORMATION TECHNOLOGY PERSONNEL.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analysis.>> develop a gap analysis, contrasting
the current organization and the objectives developed pursuant
to paragraph (5); and
[[Page 133 STAT. 1762]]
(7) <<NOTE: Timeline.>> 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) <<NOTE: Deadline. Time period.>> 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--
[[Page 133 STAT. 1763]]
(1) conduct in-progress reviews of the status of the reviews
required by subsection (a)(1); and
(2) <<NOTE: Briefing.>> provide the congressional defense
committees with a briefing on such in-progress reviews.
(i) <<NOTE: Deadline. Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Plan.>> 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. <<NOTE: Evaluation.>> Such plan should also evaluate
the current Cyber Warfare Engineer career field for officers,
including options for expanding the career field beyond current
plans.
(2) Suggested changes to the processes that govern the
identification of talent and career progression of the civilian
and military workforce.
(3) A methodology for a cyber workforce assignment policy
that deliberately builds depth and breadth of knowledge
regarding the conduct of cyber operations throughout an entire
career.
(4) Possible enhancements to identifying, recruiting,
training, and retaining the civilian and military cyber
workforce, especially for Interactive On-Net operators and tool
developers.
(5) <<NOTE: Recommenda- tions.>> 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).
[[Page 133 STAT. 1764]]
(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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1765]]
(B) considers to have significant technical, policy,
or military expertise.
(c) <<NOTE: Evaluations.>> 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
[[Page 133 STAT. 1766]]
regional combatant commands, and suitability for modern cyber
warfighting.
(4) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Assessment.>> 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).
[[Page 133 STAT. 1767]]
(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) <<NOTE: Plan.>> A plan to carry out the
transfer described in subsection (a)(2)(B) and the
associated costs, as appropriate.
(D) <<NOTE: Plan.>> 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. <<NOTE: 10 USC 391 note.>> CYBER GOVERNANCE STRUCTURES
AND PRINCIPAL CYBER ADVISORS ON MILITARY
CYBER FORCE MATTERS.
(a) Designation.--
(1) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 270 days after the date of the enactment of this Act,
each of the secretaries of the military departments, in
consultation with the service chiefs, shall appoint an
independent Principal Cyber Advisor for each service to act as
the principal advisor to the relevant secretary on all cyber
matters affecting that military service.
(2) Nature of position.--Each Principal Cyber Advisor
position under paragraph (1) shall--
(A) be a senior civilian leadership position, filled
by a senior member of the Senior Executive Service, not
lower than the equivalent of a 3-star general officer,
or by exception a comparable military officer with
extensive cyber experience;
(B) exclusively occupy the Principal Cyber Advisor
position and not assume any other position or
responsibility in the relevant military department;
(C) be independent of the relevant service's chief
information officer; and
(D) report directly to and advise the secretary of
the relevant military department and advise the relevant
service's senior uniformed officer.
(3) Notification.--Each of the secretaries of the military
departments shall notify the Committees on Armed Services of the
Senate and House of Representatives of his or her Principal
Cyber Advisor appointment. In the case that the appointee is a
military officer, the notification shall include a justification
for the selection and an explanation of the appointee's ability
to execute the responsibilities of the Principal Cyber Advisor.
(b) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1768]]
(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) <<NOTE: Evaluation.>> 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) <<NOTE: Requirement.>> 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) <<NOTE: Reports.>> 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.
[[Page 133 STAT. 1769]]
(e) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2224 note.>> DESIGNATION OF TEST
NETWORKS FOR TESTING AND ACCREDITATION
OF CYBERSECURITY PRODUCTS AND SERVICES.
(a) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1770]]
(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. <<NOTE: 10 USC 391 note.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 133 STAT. 1771]]
(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) <<NOTE: Consultation.>> Executive committee.--For each
consortium, the Secretary, in consultation with the
administrative chair, may form an executive committee comprised
of university representatives to assist the chair with the
management and functions of the consortia. Executive committee
institutions may not serve consecutive terms before all other
consortium institutions have been afforded the opportunity to
hold the position.
(d) Consultation.--The Secretary, or a senior level designee, shall
meet with each consortium not less frequently than twice per year, or at
a periodicity agreed to between the Department and each such consortium.
(e) Procedures.--The Secretary shall establish procedures for
organizations within the Department to access the work product produced
by and the research, capabilities, and expertise of a consortium
established under subsection (a) and the universities that constitute
such consortium.
SEC. 1660. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER RED
TEAM CAPABILITIES, CAPACITY, DEMAND, AND
REQUIREMENTS.
(a) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Briefing.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Examination.>> 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;
[[Page 133 STAT. 1772]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Summary.>> 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.
[[Page 133 STAT. 1773]]
``(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. <<NOTE: 10 USC 179 note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Cost estimate.>> 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.--
[[Page 133 STAT. 1774]]
(1) Codification.-- <<NOTE: 10 USC 492a.>> 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, <<NOTE: 10 USC 491 prec.>> 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.''.
[[Page 133 STAT. 1775]]
SEC. 1669. <<NOTE: Deadline. Consultation.>> BRIEFING ON LONG-
RANGE STANDOFF WEAPON AND SEA-LAUNCHED
CRUISE MISSILE.
Not later than 90 days after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the Administrator for Nuclear Security, shall provide
to the Committees on Armed Services of the Senate and the House of
Representatives a briefing on potential opportunities--
(1) to increase commonality between the long-range standoff
weapon and the sea-launched cruise missile; and
(2) to leverage, in the development of the sea-launched
cruise missile, technologies developed, or under development as
of the date of the briefing, as part of the long-range standoff
weapon program.
SEC. 1670. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
MOBILE VARIANT OF GROUND-BASED STRATEGIC
DETERRENT MISSILE.
Section 1664 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2615), as most recently amended
by section 1666 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2155), is further
amended by striking ``for any of fiscal years 2017 through 2020'' and
inserting ``for any of fiscal years 2017 through 2024''.
SEC. 1671. REPORTS ON DEVELOPMENT OF GROUND-BASED STRATEGIC
DETERRENT WEAPON.
(a) <<NOTE: Coordination.>> 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) <<NOTE: Estimate.>> 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
[[Page 133 STAT. 1776]]
effect such delays would have on the schedule of work of the
other agency.
(5) <<NOTE: Plans.>> Plans to mitigate the effects of any
delays described in paragraph (4).
(c) <<NOTE: Contracts. Assessment.>> 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. <<NOTE: Deadlines.>> INDEPENDENT STUDY ON POLICY OF
NO-FIRST-USE OF NUCLEAR WEAPONS.
(a) <<NOTE: Contracts.>> 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) <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 1777]]
(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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> assess prior literature on such
risks;
(3) <<NOTE: Assessment.>> assess the role that quantitative
and nonquantitative analytical methods can play in assessing
such risks, including the limitations of such analysis;
(4) <<NOTE: Examination.>> 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
[[Page 133 STAT. 1778]]
improving the use of a risk assessment framework described in subsection
(a)(1).
(d) <<NOTE: Deadline.>> 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 <<NOTE: Coordination.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 1779]]
(2) An assessment of the current and planned nuclear systems
of the People's Republic of China, including with respect to
research and development timelines, deployment timelines, and
force size.
(3) An assessment of the current and planned nuclear systems
of the Russian Federation, including with respect to research
and development timelines, deployment timelines, and force size,
including--
(A) deployed nuclear weapons not covered by the New
START Treaty;
(B) nuclear weapons in development that would not be
covered by the New START Treaty; and
(C) strategic nuclear weapons that are not deployed.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed at Prague April 8, 2010, and
entered into force February 5, 2011.
SEC. 1677. REPORT ON OPERATION OF CONVENTIONAL FORCES OF MILITARY
DEPARTMENTS UNDER EMPLOYMENT OR THREAT
OF EMPLOYMENT OF NUCLEAR WEAPONS.
(a) <<NOTE: Coordination.>> 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.-- <<NOTE: Coordination.>> Not later than one year
after the date of the enactment of this Act, the Chairman of the Joint
Chiefs of
[[Page 133 STAT. 1780]]
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) <<NOTE: Classified information. Summary. Public information.>>
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 <<NOTE: Deadline. Time periods. Coordination.>> 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) <<NOTE: Plans. Determination.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Timelines. Cost estimates.>> 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
[[Page 133 STAT. 1781]]
not to target nuclear command, control, and communications
systems through kinetic, nonkinetic, or cyber attacks.
(9) Required leve <<NOTE: Evaluation. Estimate.>> ls 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) <<NOTE: Deadline. 10 USC 2431 note.>> 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
[[Page 133 STAT. 1782]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> Updated Plan.--Not later than 90 days
after the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2020, the Secretary of Defense shall submit to the
appropriate congressional committees an update to the plan under
subsection (h), including with respect to the following:
``(1) How the Director of the Missile Defense Agency, the
Director of the Defense Advanced Research Projects Agency, the
Secretary of the Air Force, and the Director of the Space
Development Agency, will each participate in the development of
the sensor architecture under subsection (a) and the inclusion
of the hypersonic and ballistic missile tracking space sensor
[[Page 133 STAT. 1783]]
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) <<NOTE: Cost estimates.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1784]]
(ii) <<NOTE: Assessment.>> 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);
[[Page 133 STAT. 1785]]
(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) <<NOTE: Certifications.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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:
[[Page 133 STAT. 1786]]
(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. <<NOTE: Alaska.>> PLAN FOR THE REDESIGNED KILL VEHICLE
REPLACEMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the decision by the Department of Defense to terminate
the redesigned kill vehicle contract on August 22, 2019, due to
technological problems encountered during development will
result in a delay to the fielding of an additional 20 ground-
based interceptors at Fort Greely, Alaska, which had been
planned to be emplaced by the end of calendar year 2023;
(2) to ensure that the future next-generation improved
homeland defense interceptor program will deliver the required
capability, have rigorous technical and acquisition oversight,
and maintain schedule milestones, thereby mitigating the risk of
similar issues as experienced with the redesigned kill vehicle,
the acquisition strategy for such program should be reviewed and
jointly approved by both the Under Secretary of Defense for
Research and Engineering and the Under Secretary of Defense for
Acquisition and Sustainment, with input by stakeholders across
the Department of Defense prior to proceeding with development
efforts and awarding a contract; and
(3) the Department, including the Missile Defense Agency,
should uphold ``fly before you buy'' principles in such new
acquisition strategy to ensure the overall system and components
have been rigorously flight-tested prior to making procurement
decisions.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the Missile
Defense Agency for the next-generation improved homeland defense
interceptor, not more than 50 percent may be obligated
[[Page 133 STAT. 1787]]
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) <<NOTE: Assessments.>> Updated threat assessments by
the intelligence community informing system threshold and
objective requirements.
(2) <<NOTE: Requirements.>> 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) <<NOTE: Cost estimate.>> an independent cost
estimate for each course of action considered; and
(B) <<NOTE: Evaluation.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Contract.>> 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
[[Page 133 STAT. 1788]]
(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) <<NOTE: Update.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 1789]]
of the Department under the Under Secretary of Defense for Research and
Engineering until, for each such transfer--
(1) <<NOTE: Notification.>> the Secretary notifies the
congressional defense committees of such proposed transfer; and
(2) <<NOTE: Time period.>> a period of 90 days has elapsed
following the date of such notification.
SEC. 1689. <<NOTE: 10 USC 139 note.>> 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.
[[Page 133 STAT. 1790]]
(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) <<NOTE: Deadline. Contracts.>> Study.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall seek to enter into an agreement with a federally funded research
and development center to conduct a study on the impacts of the
development and deployment of homeland missile defenses of the United
States on the security of the United States as a whole.
(b) Matters Included.--The study under subsection (a) shall--
(1) consider whether security benefits obtained by the
deployment of homeland missile defenses of the United States are
undermined or counterbalanced by adverse reactions of potential
adversaries, including both rogue states and near-peer
adversaries; and
(2) consider the effectiveness of the homeland missile
defense efforts of the United States to deter the development of
ballistic missiles, in particular by both rogue states and near-
peer adversaries.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the study under subsection (a), without change.
(d) Form.--The study shall be submitted under subsection (c) in
unclassified form, but may include a classified annex.
SEC. 1693. REPORT AND BRIEFING ON MULTI-VOLUME KILL CAPABILITY.
Not <<NOTE: Coordination.>> 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
[[Page 133 STAT. 1791]]
in a future architecture of the ballistic missile defense system.
Such <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 1792]]
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) <<NOTE: Briefing. Evaluations.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: List.>> 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) <<NOTE: Deadline. Consultation. Classified information.>>
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,
[[Page 133 STAT. 1793]]
provide to the congressional defense committees a classified
briefing on hard and deeply buried targets.
(2) <<NOTE: Assessments.>> Elements.--The briefing required
by paragraph (1) shall include the following:
(A) <<NOTE: Estimate.>> 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) <<NOTE: Deadlines.>> 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.
[[Page 133 STAT. 1794]]
Sec. 1720. Report on National Guard and United States Northern Command
capacity to meet homeland defense and security incidents.
Sec. 1721. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1722. Report on transfers of equipment to prohibited entities.
Sec. 1723. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities.
Sec. 1724. Review and assessment of mitigation of military helicopter
noise.
Subtitle B--Other Matters
Sec. 1731. Technical, conforming, and clerical amendments.
Sec. 1732. Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification.
Sec. 1733. Clarification of authority of Inspectors General for overseas
contingency operations.
Sec. 1734. Employment status of annuitants for Inspectors General for
overseas contingency operations.
Sec. 1735. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1736. Exemption from calculation of monthly income, for purposes of
bankruptcy laws, of certain payments from the Department of
Veterans Affairs and the Department of Defense.
Sec. 1737. Extension of postage stamp for breast cancer research.
Sec. 1738. National Commission on Military Aviation Safety.
Sec. 1739. Guarantee of residency for spouses of members of the
uniformed services.
Sec. 1740. Electromagnetic pulses and geomagnetic disturbances.
Sec. 1741. Improvements to Manufacturing USA Program.
Sec. 1742. Regional innovation program.
Sec. 1743. Aviation workforce development.
Sec. 1744. Oversight of Department of Defense execute orders.
Sec. 1745. Processes and procedures for notifications regarding special
operations forces.
Sec. 1746. Securing American science and technology.
Sec. 1747. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1748. Special Federal Aviation Regulation Working Group.
Sec. 1749. Prohibition on names related to the Confederacy.
Sec. 1750. Support for National Maritime Heritage Grants program.
Sec. 1751. Support for world language advancement and readiness.
Sec. 1752. Designation of Department of Defense strategic Arctic ports.
Sec. 1753. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force
structure .
Sec. 1754. Comprehensive Department of Defense policy on collective
self-defense.
Sec. 1755. Policy regarding the transition of data and applications to
the cloud.
Sec. 1756. Integrated public alert and warning system.
Sec. 1757. Improving quality of information in background investigation
request packages.
Sec. 1758. Parole in place for members of the Armed Forces and certain
military dependents.
Sec. 1759. Report on reducing the backlog in legally required historical
declassification obligations of the Department of Defense.
Sec. 1760. Military type certification for light attack experimentation
aircraft.
Subtitle A--Studies and Reports
SEC. 1701. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON
DEFENSE MANPOWER.
(a) Conversion of Annual Requirements Report Into Annual Profile
Report.--Section 115a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking the first two sentences and inserting the
following new sentence: ``Not later than April 1 each
year, the Secretary of Defense shall submit to Congress
a defense manpower profile report.'';
(B) in paragraph (1), by adding ``and'' at the end;
[[Page 133 STAT. 1795]]
(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 <<NOTE: 10 USC 111 prec.>>
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.''.
[[Page 133 STAT. 1796]]
SEC. 1702. TERMINATION OF REQUIREMENT FOR SUBMITTAL TO CONGRESS OF
CERTAIN RECURRING REPORTS.
(a) <<NOTE: Effective date. 10 USC 111 note.>> 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) <<NOTE: 10 USC 111 note.>> 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) <<NOTE: 10 USC 1788a note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on December
30, 2021.
(d) <<NOTE: 10 USC 111 note.>> 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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1797]]
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), <<NOTE: 10 USC 113 note.>> is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (8) and (9), respectively; and
(B) by striking paragraphs (3) and (4) and inserting
the following new paragraphs:
``(3) A description of the process by which the Department
of Defense investigates allegations of civilian casualties
resulting from United States military operations, including how
the Department incorporates information from interviews with
witnesses, civilian survivors of United States operations, and
public reports or other nongovernmental sources.
``(4) A description of--
``(A) steps taken by the Department to mitigate harm
to civilians in conducting such operations; and
``(B) in the case of harm caused by such an
operation to a civilian, any ex gratia payment or other
assistance provided to the civilian or the family of the
civilian.
``(5) A description of any allegations of civilian
casualties made by public or non-governmental sources formally
investigated by the Department of Defense.
``(6) A description of the general reasons for any
discrepancies between the assessments of the United States and
reporting from nongovernmental organizations regarding non-
combatant deaths resulting from strikes and operations
undertaken by the United States.
``(7) The definitions of `combatant' and `non-combatant'
used in the preparation of the report, which shall be consistent
with the laws of armed conflict.''; and
(2) in subsection (e), by striking ``five years'' and
inserting ``seven years''.
(b) <<NOTE: 10 USC 113 note.>> 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.''.
[[Page 133 STAT. 1798]]
(b) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1799]]
(7) <<NOTE: Assessment.>> 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. <<NOTE: 10 USC 113 note.>> TRANSMITTAL TO CONGRESS OF
REQUESTS FOR ASSISTANCE FROM OTHER
DEPARTMENTS OF THE FEDERAL GOVERNMENT
THAT ARE APPROVED BY THE DEPARTMENT OF
DEFENSE.
(a) <<NOTE: Deadline. Records.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluations.>> 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
[[Page 133 STAT. 1800]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> An assessment of
the Department of Defense Capstone Concept of
Joint Operations process to define, develop, and
improve joint operational concepts.
(ii) <<NOTE: Evaluation.>> An evaluation of
how the Department is validating new joint
operational concepts through experimentation and
military exercises.
(iii) <<NOTE: Evaluation.>> 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.
[[Page 133 STAT. 1801]]
(iv) The ability of joint operational concepts
to promote or to effectuate strategic objectives,
defense policies, and budgetary priorities.
(v) <<NOTE: Recommenda- tions.>>
Recommendations to alter or improve joint
operational concepts.
(vi) Such other matters as the Secretary of
Defense determines to be appropriate.
SEC. 1709. <<NOTE: 10 USC 113 note.>> ACTIONS TO INCREASE
ANALYTIC SUPPORT.
(a) <<NOTE: Plan. Consultation.>> 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) <<NOTE: Assessment.>> an assessment of the decision
support capability of the Department of Defense to support
decision-making, specifically the analytic expertise available
to inform senior leader decisions that link national defense
strategy objectives with approaches to competing effectively
across the full spectrum of engagement against strategic
competitors;
(2) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1802]]
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) <<NOTE: List.>> 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) <<NOTE: List.>> 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) <<NOTE: List.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1803]]
(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) <<NOTE: Coordination.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> an assessment of
associated risks with respect to the ability to conduct
operations; and
(B) <<NOTE: Recommenda- tions.>> 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;
[[Page 133 STAT. 1804]]
(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) <<NOTE: Coordination.>> 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. <<NOTE: Deadline. Contracts.>> 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.
[[Page 133 STAT. 1805]]
(b) Matters to Be Considered.--In performing the assessment under
this section, the federally funded research and development center shall
consider the following matters:
(1) The most recent national defense strategy under section
113(g) of title 10, United States Code.
(2) Special operations activities, as described in section
167(k) of title 10, United States Code.
(3) Potential future national security threats to the United
States.
(4) Ongoing counterterrorism and contingency operations of
the United States.
(5) The demand for special operations forces by geographic
combatant commanders for security cooperation, exercises, and
other missions that could be executed by conventional forces.
(6) Other government and non-government analyses that would
contribute to the assessment through variations in study
assumptions or potential scenarios.
(7) The role of emerging technology on special operations
forces.
(8) Opportunities for reduced operation and sustainment
costs of special operations.
(9) Current and projected capabilities of other United
States Armed Forces that could affect force structure capability
and capacity requirements of special operations forces.
(10) The process by which United States Special Operations
Command determines force size and structure.
(11) The size, composition, and organizational structure of
United States Special Operations Command headquarters and
subordinate headquarters elements.
(12) The readiness of special operations forces for assigned
missions and future conflicts.
(13) The adequacy of special operations force structure for
meeting the goals of the National Military Strategy under
section 153(b) of title 10, United States Code.
(14) Any other matters deemed relevant.
(c) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Records.>> 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.--
[[Page 133 STAT. 1806]]
(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) <<NOTE: Analyses.>> Elements.--The plan required by
paragraph (1) shall include the following:
(A) <<NOTE: Assessment.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Analysis. Determination.>> 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
[[Page 133 STAT. 1807]]
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) <<NOTE: Deadline. Coordination. Contracts.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Records.>> 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.
[[Page 133 STAT. 1808]]
SEC. 1718. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
ADJUDICATIONS.
(a) <<NOTE: Time period. Coordination.>> 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) <<NOTE: List.>> 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) <<NOTE: Cost estimate.>> 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 <<NOTE: Consultation.>> later than September 30, 2020, the
Chief of the National Guard Bureau shall, in consultation with the
Commander of United
[[Page 133 STAT. 1809]]
States Northern Command, submit to the congressional defense committees
a report setting forth the following:
(1) A clarification of the roles and missions, structure,
capabilities, and training of the National Guard and the United
States Northern Command, and an identification of emerging gaps
and shortfalls in light of current homeland security threats to
our country.
(2) <<NOTE: List.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Analysis.>> 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.
[[Page 133 STAT. 1810]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1811]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 133 STAT. 1812]]
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. <<NOTE: Effective dates.>> TECHNICAL, CONFORMING, AND
CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, <<NOTE: 10 USC 101 prec.>> 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, <<NOTE: 10 USC
101 prec.>> 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, <<NOTE: 10 USC
101 prec., 2001 prec.>> are each amended by striking the item
relating to chapter 112 and inserting the following:
``112. Cyber Scholarship Program.................................2200''.
(3) Section 113(j)(1) is amended by inserting ``the'' before
``congressional defense committees''.
(4) Section 119a is amended in each of the subsection
headings for subsections (a) and (b) by striking ``AACMS'' and
inserting ``ACCMS''.
(5) Section 127(c)(1) is amended by inserting ``the'' before
``congressional defense committees''.
(6) Section 130i is amended--
(A) in subsection (i)(1), by inserting ``(C)'' after
``(j)(3)''; and
(B) in subsection (j)(6), by striking ``40101'' and
inserting ``44802''.
(7) Section 131(b)(8) is amended by redesignating
subparagraph (I) as subparagraph (F).
(8) Section 132 is amended by redesignating subsection (e)
as subsection (d).
(9) The item relating to section 169 in the table of
sections at the beginning of chapter 6 <<NOTE: 10 USC 161
prec.>> is amended by inserting a period after ``Command''.
[[Page 133 STAT. 1813]]
(10) The item relating to section 183a in the table of
sections at the beginning of chapter 7 <<NOTE: 10 USC 171
prec.>> 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 <<NOTE: 10 USC 341 prec.>> 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.
[[Page 133 STAT. 1814]]
(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 <<NOTE: 10 USC 2201
prec.>> 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 <<NOTE: 10 USC 2301 prec.>> 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''.
[[Page 133 STAT. 1815]]
(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 <<NOTE: 10 USC 230
prec.>> 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 <<NOTE: 10 USC 2446a prec.>> 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 <<NOTE: 10 USC 2911
prec.>> 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) <<NOTE: 132 Stat. 1836.>> , 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) <<NOTE: 132 Stat. 1836.>> , 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''.
[[Page 133 STAT. 1816]]
(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 <<NOTE: 10 USC 2551
prec.>> 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) <<NOTE: 10 USC 111 note prec.>> 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) <<NOTE: 10 USC 111
prec.>> is amended by inserting ``of such title'' after
``chapter 2''.
(2) Section 844(b) (132 Stat. 1881) <<NOTE: 10 USC 2534
note.>> 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) <<NOTE: 10 USC 2273 note.>> 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) <<NOTE: 10 USC 2358 note.>> NDAA for Fiscal Year 2017.--
Effective as of December 23, 2016, and as if included therein as
enacted, section 233(c)(2)(C)(ii) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 114-328; 130 Stat. 2061; 10 U.S.C.
2358 note) is amended by striking ``Assistant Secretary of the Army for
Acquisition, Technology, and Logistics'' and inserting ``Assistant
Secretary of the Army for Acquisition, Logistics, and Technology''.
(e) <<NOTE: 10 USC 2911 note.>> 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) <<NOTE: Applicability. 10 USC 101 note.>> 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. <<NOTE: Time periods.>> 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:
[[Page 133 STAT. 1817]]
``(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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1818]]
``(II) <<NOTE: Determination.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 1819]]
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
[[Page 133 STAT. 1820]]
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) <<NOTE: 132 Stat. 1995.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> An assessment of the findings
and conclusions of the Commission.
``(2) <<NOTE: Plan.>> The plan of the Secretaries for
implementing the recommendations of the Commission.
``(3) Any other actions taken or planned by the Secretary of
Defense or the Secretary of any of the military departments to
improve military aviation safety.''.
(c) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated for the National Commission on
Military Aviation Safety established under section 1087 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), of the amounts authorized to be appropriated for Operation
and Maintenance, Defense-wide for fiscal year 2020, as specified in the
funding table in section 4301, $3,000,000 shall be available for the
National Commission on Aviation Safety.
SEC. 1739. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) In General.--Title VI of the Servicemembers Civil Relief Act (50
U.S.C. 4021 et seq.) is amended by adding at the end the following new
section:
``SEC. 707. <<NOTE: 50 USC 4027.>> 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.''.
[[Page 133 STAT. 1821]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> Response and
recovery.--
``(i) In general.--The Administrator of the
Federal Emergency Management Agency shall--
``(I) <<NOTE: Consultation.>>
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) <<NOTE: Deadlines.>> 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) <<NOTE: Plans. Procedures.>>
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) <<NOTE: Coordination.>> 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
[[Page 133 STAT. 1822]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1823]]
other appropriate agencies, and, as appropriate,
private-sector partners, shall submit to the appropriate
congressional committees, a report that--
``(i) <<NOTE: Assessment.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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) <<NOTE: Deadline. Consultation.>>
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) <<NOTE: Collaboration.>>
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,
[[Page 133 STAT. 1824]]
2019, and entitled `Coordinating National Resilience to
Electromagnetic Pulses', or any other authority existing on the
day before the date of enactment of this subsection of any other
component of the Department or any other Federal department or
agency, including the authority provided to the Sector-Specific
Agency specified in section 61003(c) of division F of the Fixing
America's Surface Transportation Act (6 U.S.C. 121 note),
including the authority under section 215 of the Federal Power
Act (16 U.S.C. 824o), and including the authority of independent
agencies to be independent; or
``(2) as diminishing or transferring any authorities vested
in the Administrator of the Federal Emergency Management Agency
or in the Agency prior to the date of the enactment of this
subsection.''.
(2) Technical and conforming amendment.--The table of
sections in section 1(b) of the Homeland Security Act of 2002 is
amended by striking the item relating to section 320 and
inserting the following:
``Sec. 320. EMP and GMD mitigation research and development and threat
assessment, response, and recovery.''.
(b) Consultation With Secretary of Energy in Preparation of
Quadrennial Homeland Security Review.--Section 707 of the Homeland
Security Act of 2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)(A), by inserting ``the Secretary of
Energy,'' after ``the Secretary of Agriculture''; and
(2) in subsection (c)(2)(B), by inserting after review the
following ``or for purposes of the quadrennial EMP and GMD risk
assessment under section 320(d)(1)(E)''.
(c) National Essential Functions.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Consultation. 6 USC 195f note.>>
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) <<NOTE: Deadlines. Coordination.>> Pilot Test by DHS to
Evaluate Engineering Approaches.--
(1) <<NOTE: Consultation.>> In general.--Not later than
September 22, 2020, the Secretary of Homeland Security, acting
through the Under
[[Page 133 STAT. 1825]]
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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Assessment.>> assessing the effects of EMPs and
GMDs on critical communications infrastructure; and
(2) <<NOTE: Recommenda- tions.>> recommending any necessary
changes to operational plans to enhance national response and
recovery efforts after an EMP or GMD.
(h) <<NOTE: 6 USC 195f note.>> 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).
[[Page 133 STAT. 1826]]
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.
[[Page 133 STAT. 1827]]
``(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
[[Page 133 STAT. 1828]]
industrial problems with economic or national
security implications.
``(ii) Development and implementation of
education, training, and workforce recruitment
courses, materials, and programs addressing
workforce needs through training and education
programs at all appropriate education levels,
including programs on applied engineering.
``(iii) Development of innovative
methodologies and practices for supply chain
integration and introduction of new technologies
into supply chains, as appropriate.
``(iv) Outreach and engagement with small and
medium-sized manufacturing enterprises, including
women, minority, and veteran owned manufacturing
enterprises, in addition to large manufacturing
enterprises.
``(v) Development of roadmaps or leveraging of
existing roadmaps with respect to technology areas
being pursued by that Manufacturing USA institute
that take into account the research and
development undertaken at other Manufacturing USA
institutes and Federal agencies with respect to
such areas.
``(B) Permissible activities.--In addition to the
activities set forth under subparagraph (A), a
Manufacturing USA institute may carry out such other
activities as may be consistent with the purposes set
forth under subsection (b)(2).
``(3) Additional manufacturing usa institutes.--
``(A) In general.--Except as provided in
subparagraph (C), the National Additive Manufacturing
Innovation Institute and other manufacturing institutes
formally recognized as Manufacturing USA institutes
pursuant to Federal law or executive actions, or under
pending interagency review for such recognition as of
December 16, 2014, shall be considered Manufacturing USA
institutes for purposes of this section.
``(B) Network participation.--Except as provided in
subparagraph (C), an institute that is substantially
similar to an institute described by paragraphs (1) and
(2) but does not meet every element of such description
and does not receive financial assistance under
subsection (e) may, upon request of the institute, be
recognized as a Manufacturing USA institute by the
Secretary for purposes of participation in the Network.
``(C) <<NOTE: Effective date.>> 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
[[Page 133 STAT. 1829]]
``(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) <<NOTE: Notification.>>
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
[[Page 133 STAT. 1830]]
(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
[[Page 133 STAT. 1831]]
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) <<NOTE: Assessment.>> 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;
[[Page 133 STAT. 1832]]
``(B) establish standards for the performance of
Manufacturing USA institutes that are based on the
metrics developed under subparagraph (A); and
``(C) <<NOTE: Time periods. Assessment.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> In general.--Except
as provided in subparagraph (B), an agency head may not,
with respect to a Manufacturing USA institute, award
financial assistance under paragraph (1) or renew an
award of financial assistance under paragraph (2) unless
the agency head determines that non-Federal funding
comprises 50 percent or more of the total amount of
funding made available for the operation and support of
the institute.
``(B) Waivers.--An agency head awarding financial
assistance under paragraph (1) with respect to a
Manufacturing USA institute may waive the requirements
of subparagraph (A) in the case of satellite centers,
large capital facilities, equipment purchases, workforce
development, or general operations.
``(f) Grant Program for Public Service Activities for Manufacturing
USA Institutes Without Federal Funding.--The Secretary may award a grant
on a competitive basis to a Manufacturing USA institute that is not
receiving financial assistance under subsection (e) to carry out
workforce development, outreach to small- and medium-sized
manufacturers, and other activities that--
``(1) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1833]]
``(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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline. Strategic plan.>> 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;
[[Page 133 STAT. 1834]]
``(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) <<NOTE: Coordination.>> 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.--
[[Page 133 STAT. 1835]]
``(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) <<NOTE: Time period.>> 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) <<NOTE: Assessments.>> Elements.--Each report
submitted under subparagraph (A) shall include, for the
period covered by the report--
``(i) <<NOTE: Summary.>> 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) <<NOTE: Time period.>> 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--
[[Page 133 STAT. 1836]]
``(i) <<NOTE: Review.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> Final assessment.--No
later than December 31, 2030, the Comptroller General
shall submit to Congress a final report regarding the
overall success of the Program.
``(j) Additional Authorities.--
``(1) Appointment of personnel and contracts.--The Secretary
may appoint such personnel and enter into such contracts,
financial assistance agreements, and other agreements as the
Secretary considers necessary or appropriate to carry out the
Program, including support for research and development
activities involving a Manufacturing USA institute.
``(2) Transfer of funds.--Of amounts available under the
authority provided by subsection (g), the Secretary may transfer
to other Federal agencies such sums as the Secretary considers
necessary or appropriate to carry out the Program. No funds so
transferred may be used to reimburse or otherwise pay for the
costs of financial assistance incurred or commitments of
financial assistance made prior to December 16, 2014.
``(3) Authority of other agencies.--In the event that the
Secretary exercises the authority to transfer funds to another
agency under paragraph (2), such agency may accept such funds to
award and administer, under the same conditions and constraints
applicable to the Secretary, all aspects of financial assistance
awards under this section.
``(4) Use of resources.--In furtherance of the purposes of
the Program, the Secretary may use, with the consent of a
covered entity and with or without reimbursement, the land,
services, equipment, personnel, and facilities of such covered
entity.
``(5) Acceptance of resources.--In addition to amounts
appropriated to carry out the Program, the Secretary may accept
funds, services, equipment, personnel, and facilities from any
covered entity to carry out the Program, subject to the same
conditions and constraints otherwise applicable to the Secretary
under this section and such funds may only be obligated to the
extent provided for in advance by appropriations Acts.
``(6) Covered entities.--For purposes of this subsection, a
covered entity is any Federal department, Federal agency,
instrumentality of the United States, State, local government,
Tribal government, territory, or possession of the United
States, or of any political subdivision thereof, or
international organization, or any public or private entity or
individual.
``(7) Collaborations with other agencies.--The Secretary
shall collaborate with Federal agencies whose missions
contribute to, or are affected by, advanced manufacturing to
[[Page 133 STAT. 1837]]
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) <<NOTE: Applicability.>> 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) <<NOTE: 15 USC 278s note.>> 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:
[[Page 133 STAT. 1838]]
``(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.
[[Page 133 STAT. 1839]]
``(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
[[Page 133 STAT. 1840]]
to sustain activities after grant funds received
under this subsection have been expended.
``(C) Feedback.--The Secretary shall provide
feedback to program applicants that are not awarded
grants to help them improve future applications.
``(D) Special considerations.--The Secretary shall
give special consideration to--
``(i) applications proposing to include
workforce or training related activities in their
regional innovation initiative from eligible
recipients who agree to collaborate with local
workforce investment area boards; and
``(ii) applications from regions that contain
communities negatively impacted by trade.
``(5) Cost share.--The Secretary may not provide more than
50 percent of the total cost of any activity funded under this
subsection.
``(6) Outreach to rural communities.--The Secretary shall
conduct outreach to public and private sector entities in rural
communities to encourage those entities to participate in
regional innovation initiatives under this subsection.
``(7) Geographic distribution.--In conducting a competitive
process, the Secretary shall avoid undue geographic
concentration among any one category of States based on their
predominant rural or urban character as indicated by population
density.
``(8) Funding.--The Secretary may accept funds from other
Federal agencies to support grants and activities under this
subsection.
``(d) Regional Innovation Research and Information Program.--
``(1) In general.--As part of the program established
pursuant to subsection (b), the Secretary shall establish a
regional innovation research and information program--
``(A) to gather, analyze, and disseminate
information on best practices for regional innovation
initiatives, including information relating to how
innovation, productivity, and economic development can
be maximized through such strategies;
``(B) to provide technical assistance, including
through the development of technical assistance guides,
for the development and implementation of regional
innovation initiatives;
``(C) to support the development of relevant metrics
and measurement standards to evaluate regional
innovation initiatives, including the extent to which
such strategies stimulate innovation, productivity, and
economic development; and
``(D) to collect and make available data on regional
innovation initiatives in the United States, including
data on--
``(i) the size, specialization, and
competitiveness of regional innovation
initiatives;
``(ii) the regional domestic product
contribution, total jobs and earnings by key
occupations, establishment size, nature of
specialization, patents, Federal research and
development spending, and other relevant
information for regional innovation initiatives;
and
[[Page 133 STAT. 1841]]
``(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) <<NOTE: Deadline. Contracts.>> 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) <<NOTE: Recommenda- tions.>> Requirements.--The
evaluation conducted under paragraph (1) shall include--
``(A) <<NOTE: Assessment.>> 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.''.
[[Page 133 STAT. 1842]]
SEC. 1743. AVIATION WORKFORCE DEVELOPMENT.
(a) In General.--Section 625(c)(1) of the FAA Reauthorization Act of
2018 (Public Law 115-254) <<NOTE: 49 USC 40101 note.>> 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.-- <<NOTE: 49 USC 40101 note.>> 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. <<NOTE: 10 USC 113 note.>> OVERSIGHT OF DEPARTMENT OF
DEFENSE EXECUTE ORDERS.
(a) Review <<NOTE: Deadline.>> 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) <<NOTE: Briefing.>> a detailed briefing on such execute
order.
(b) Exception.--
(1) <<NOTE: Determination.>> 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. <<NOTE: 10 USC 167 note.>> PROCESSES AND PROCEDURES
FOR NOTIFICATIONS REGARDING SPECIAL
OPERATIONS FORCES.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense shall
establish
[[Page 133 STAT. 1843]]
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. <<NOTE: 42 USC 6601 note.>> SECURING AMERICAN SCIENCE
AND TECHNOLOGY.
(a) Interagency Working Group.--
(1) <<NOTE: Consultation.>> 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;
[[Page 133 STAT. 1844]]
(xvi) the National Economic Council; and
(xvii) such other Federal department or agency
as the President considers appropriate.
(B) Chair.--The working group shall be chaired by
the Director of the Office of Science and Technology
Policy (or the Director's designee).
(3) Responsibilities of the working group.--The working
group established under paragraph (1) shall--
(A) identify known and potential cyber, physical,
and human intelligence threats and vulnerabilities
within the United States scientific and technological
enterprise;
(B) <<NOTE: Coordination.>> 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) <<NOTE: Recommenda- tions.>> 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;
[[Page 133 STAT. 1845]]
(VI) <<NOTE: Remediation plan.>> 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) <<NOTE: Assessments.>>
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) <<NOTE: Deadline. Consultation.>> 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.
[[Page 133 STAT. 1846]]
(b) National Academies Science, Technology and Security
Roundtable.--
(1) <<NOTE: Contracts.>> 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) <<NOTE: Public information.>> 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.
[[Page 133 STAT. 1847]]
(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. <<NOTE: 10 USC 2337a note.>> STANDARDIZED POLICY
GUIDANCE FOR CALCULATING AIRCRAFT
OPERATION AND SUSTAINMENT COSTS.
Not <<NOTE: Deadline. Coordination. Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Review.>> review existing processes of the
Department of Defense, the Federal Aviation Administration, and
the Department of
[[Page 133 STAT. 1848]]
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) <<NOTE: Recommenda- tions.>> develop recommendations,
if any, to improve existing processes or expand the options
available for the Department of Defense to use contracted United
States civil aviation to provide support to Department of
Defense missions in areas where a Federal Aviation
Administration SFAR is in effect.
(c) Members.--
(1) Appointment.--The Secretary of Defense, the Secretary of
Transportation, and the Secretary of State shall each appoint
not more than 5 members to the working group with expertise in
civil aviation safety, state aircraft operations, the provision
of contracted aviation support to the Department of Defense, and
the coordination of such efforts between the Department of
Defense, the Department of State, and the Federal Aviation
Administration. The 5 members appointed by the Secretary of
Transportation shall include at least 3 members from the Federal
Aviation Administration.
(2) Qualifications.--All working group members shall be
full-time employees of the Federal Government with appropriate
security clearances to allow discussion of all classified
information and materials necessary to fulfill the working
group's duties pursuant to subsection (b).
(d) Report.--Not later than 1 year after the date it is established,
the working group shall submit a report on its findings and any
recommendations developed pursuant to subsection (b) to the
congressional defense committees, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives.
(e) Termination.--The working group shall terminate 90 days after
the date the report is submitted under subsection (d).
(f) Definitions.--In this section the following definitions apply:
(1) The term ``United States civil aviation'' means--
(A) United States air carriers and United States
commercial operators;
(B) persons exercising the privileges of an airman
certificate issued by the FAA, except such persons
operating United States-registered aircraft for a
foreign air carrier; and
(C) operators of civil aircraft registered in the
United States, except where the operator of such
aircraft is a foreign air carrier.
(2) The term ``Federal Aviation Administration SFAR'' means
the Special Federal Aviation Regulation included under subpart M
of part 91 of title 14, Code of Federal Regulations.
SEC. 1749. <<NOTE: 10 USC 113 note.>> 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
[[Page 133 STAT. 1849]]
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. <<NOTE: 10 USC 2164 note.>> SUPPORT FOR WORLD LANGUAGE
ADVANCEMENT AND READINESS.
(a) Program Authority.--
(1) <<NOTE: Consultation.>> 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;
[[Page 133 STAT. 1850]]
(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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 1851]]
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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Cost estimate.>> 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.--
<<NOTE: Deadline. Consultation.>> 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
[[Page 133 STAT. 1852]]
Strategic Arctic Ports from the sites identified under subsection
(b)(2)(E).
(d) Rule of Construction.--Nothing in this section may be construed
to authorize any additional appropriations for the Department of Defense
for the establishment of any port designated pursuant to this section.
(e) Arctic Defined.--In this section, the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research and Policy
Act of 1984 (15 U.S.C. 4111).
SEC. 1753. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS
WITH RESPECT TO THE NUCLEAR SECURITY
ENTERPRISE AND FORCE STRUCTURE .
(a) Review of Nuclear Deterrence Postures.--
(1) <<NOTE: Contracts.>> 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
[[Page 133 STAT. 1853]]
congressional defense committees a report on the matters covered
by the briefing.
SEC. 1754. <<NOTE: 10 USC 130f note.>> 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) <<NOTE: List.>> 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) <<NOTE: Procedures. List.>> 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
[[Page 133 STAT. 1854]]
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) <<NOTE: Deadline. Classified information.>> 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. <<NOTE: 10 USC 2223a note.>> POLICY REGARDING THE
TRANSITION OF DATA AND APPLICATIONS TO
THE CLOUD.
(a) <<NOTE: Deadline. Consultation.>> 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.
[[Page 133 STAT. 1855]]
SEC. 1756. <<NOTE: State and local governments. Native
Americans. Territories. 6 USC 321o-1.>>
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) <<NOTE: Deadline. Requirements. Procedures.>> In
general.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall develop minimum requirements
for State, Tribal, and local governments to participate in the
public alert and warning system and that are necessary to
maintain the integrity of the public alert and warning system,
including--
(A) guidance on the categories of public emergencies
and appropriate circumstances that warrant an alert and
warning from State, Tribal, and local governments using
the public alert and warning system;
(B) the procedures for State, Tribal, and local
government officials to authenticate civil emergencies
and initiate, modify, and cancel alerts transmitted
through the public alert and warning system, including
protocols and technology capabilities for--
(i) the initiation, or prohibition on the
initiation, of alerts by a single authorized or
unauthorized individual;
(ii) testing a State, Tribal, or local
government incident management and warning tool
without accidentally initiating an alert through
the public alert and warning system; and
(iii) steps a State, Tribal, or local
government official should take to mitigate the
possibility of the issuance of a false alert
through the public alert and warning system;
(C) the standardization, functionality, and
interoperability of incident management and warning
tools used by State, Tribal, and local governments to
notify the public of an emergency through the public
alert and warning system;
[[Page 133 STAT. 1856]]
(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) <<NOTE: Plan.>> 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;
[[Page 133 STAT. 1857]]
(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) <<NOTE: Certification.>> 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) <<NOTE: Records.>> 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.-- <<NOTE: Effective date. Compliance.>> 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) <<NOTE: Effective date.>> 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--
[[Page 133 STAT. 1858]]
(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) <<NOTE: President.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Examination.>> 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) <<NOTE: Deadline.>> 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,
[[Page 133 STAT. 1859]]
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) <<NOTE: Deadline.>> Awareness of Alerts and Warnings.--Not
later than 1 year after the date of enactment of this Act, the
Administrator shall--
(1) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> a determination of
which State alerts and warnings the National and
Regional Watch Centers described in paragraph (1) should
be aware of; and
(C) <<NOTE: Recommenda- tions.>> recommendations
for improving the ability of the National and Regional
Watch Centers described in paragraph (1) to receive any
State alerts and warnings that the Administrator
determines are appropriate.
(i) Reporting False Alerts.--Not later than 15 days after the date
on which a State, Tribal, or local government official transmits a false
alert under the public alert and warning system, the Administrator shall
report to the appropriate congressional committees on--
(1) the circumstances surrounding the false alert;
(2) the content, cause, and population impacted by the false
alert; and
(3) any efforts to mitigate any negative impacts of the
false alert.
(j) Reporting Participation Rates.--The Administrator shall, on an
annual basis, report to the appropriate congressional committees on--
(1) participation rates in the public alert and warning
system; and
(2) any efforts to expand alert, warning, and interoperable
communications to rural and underserved areas.
(k) Timeline for Compliance.--Each State shall be given a reasonable
amount of time to comply with any new rules, regulations, or
requirements imposed under this section.
[[Page 133 STAT. 1860]]
SEC. 1757. <<NOTE: 50 USC 3551.>> IMPROVING QUALITY OF
INFORMATION IN BACKGROUND INVESTIGATION
REQUEST PACKAGES.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Deadlines.>> 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. <<NOTE: 8 USC 1182 note.>> 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
[[Page 133 STAT. 1861]]
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) <<NOTE: Plan.>> A plan to achieve legally mandated
historical declassification requirements and reduce backlogs.
(2) <<NOTE: Plan.>> 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) <<NOTE: Assessment. Time period.>> 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) <<NOTE: Assessment. Time period.>> 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) <<NOTE: Publication. Public information. National
Archives.>> 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.
[[Page 133 STAT. 1862]]
DIVISION B-- <<NOTE: Military Construction Authorization Act for Fiscal
Year 2020.>> 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
[[Page 133 STAT. 1863]]
States as specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alabama....................... Redstone Arsenal...... $38,000,000
Colorado...................... Fort Carson........... $71,000,000
Georgia....................... Fort Gordon........... $107,000,000
Hunter Army Airfield.. $62,000,000
Kentucky...................... Fort Campbell......... $61,300,000
Massachusetts................. U.S. Army Natick $50,000,000
Soldier Systems
Center...............
Michigan...................... Detroit Arsenal....... $24,000,000
New York...................... Fort Drum............. $44,000,000
North Carolina................ Fort Bragg............ $12,500,000
Oklahoma...................... Fort Sill............. $73,000,000
Pennsylvania.................. Carlisle Barracks..... $98,000,000
South Carolina................ Fort Jackson.......... $88,000,000
Texas......................... Corpus Christi Army $86,000,000
Depot................
Fort Hood............. $50,500,000
Virginia...................... Fort Belvoir.......... $60,000,000
Joint Base Langley- $55,000,000
Eustis...............
Washington.................... Joint Base Lewis- $46,000,000
McChord..............
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out the military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Honduras..................... Soto Cano Air Base...... $34,000,000
Kwajalein.................... Kwajalein Atoll......... $40,000,000
------------------------------------------------------------------------
(c) Study of Near-term Facility Alternatives to House High Value
Detainees.--
(1) Study required.--The Secretary of Defense shall conduct
a study of alternatives to meet the near-term facility
requirements to safely and humanely house high value detainees
current detained at Naval Station Guantanamo Bay, Cuba. As part
of the study, the Secretary shall consider the following
alternatives:
(A) The construction of new facilities.
(B) The repair of current facilities.
(C) The renovation and repurposing of other
facilities at Naval Station Guantanamo Bay, Cuba.
(D) Such other alternatives as the Secretary
considers practicable.
[[Page 133 STAT. 1864]]
(2) <<NOTE: Reports.>> 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.
[[Page 133 STAT. 1865]]
(b) United States Military Academy, New York.--The table in section
2101(a) of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2241) is amended in the item relating to
the United States Military Academy, New York, by striking
``$160,000,000'' and inserting ``$197,000,000'' for construction of a
Consolidated Engineering Center and Parking Structure rather than the
separate projects specified in the funding table in section 4601 of such
Act (132 Stat. 2401).
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2017 project.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the Navy may
acquire real property and carry out military construction projects for
the installations or locations inside the United States, and in the
amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station Yuma................... $189,760,000
California.................................... Camp Pendleton.................................. $185,569,000
Marine Corps Air Station Miramar................ $37,400,000
Naval Air Weapons Station China Lake............ $64,500,000
Navel Base Coronado............................. $165,830,000
Naval Base San Diego............................ $9,900,000
Naval Weapons Station Seal Beach................ $123,310,000
Travis Air Force Base........................... $64,000,000
Connecticut................................... Naval Submarine Base New London................. $72,260,000
Florida....................................... Blount Island................................... $18,700,000
Naval Air Station Jacksonville.................. $32,420,000
Guam.......................................... Joint Region Marianas........................... $226,000,000
Hawaii........................................ Marine Corps Air Station Kaneohe Bay............ $134,050,000
Naval Ammunition Depot West Loch................ $53,790,000
Maryland...................................... Saint Inigoes................................... $15,000,000
North Carolina................................ Camp Lejeune.................................... $229,010,000
Marine Corps Air Station Cherry Point........... $114,570,000
Marine Corps Air Station New River.............. $11,320,000
Pennsylvania.................................. Philadelphia.................................... $74,630,000
[[Page 133 STAT. 1866]]
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) <<NOTE: Australia.>> 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.
[[Page 133 STAT. 1867]]
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:
[[Page 133 STAT. 1868]]
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska....................... Eielson Air Force Base $8,600,000
Arkansas..................... Little Rock Air Force $47,000,000
Base.
California................... Travis Air Force Base $43,100,000
Colorado..................... Peterson Air Force $54,000,000
Base.
Schriever Air Force $148,000,000
Base.
United States Air $49,000,000
Force Academy........
Georgia...................... Moody Air Force Base.. $12,500,000
Guam......................... Joint Region Marianas. $65,000,000
Illinois..................... Scott Air Force Base.. $100,000,000
Mariana Islands.............. Tinian................ $316,000,000
Missouri..................... Whiteman Air Force $27,000,000
Base.
Montana...................... Malmstrom Air Force $235,000,000
Base.
Nevada....................... Nellis Air Force Base. $65,200,000
New Mexico................... Holloman Air Force $20,000,000
Base.
Kirtland Air Force $37,900,000
Base.
North Dakota................. Minot Air Force Base.. $5,500,000
Texas........................ Joint Base San $243,300,000
Antonio.
Utah......................... Hill Air Force Base... $114,500,000
Washington................... Fairchild-White Bluff. $31,000,000
Wyoming...................... F.E. Warren Air Force $18,100,000
Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the Air
Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia..................... Tindal............... $70,600,000
Cyprus........................ Royal Air Force $27,000,000
Akrotiri.
Japan......................... Yokota Air Base...... $12,400,000
United Kingdom................ Royal Air Force $14,300,000
Lakenheath.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military family
housing functions as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $3,409,000.
[[Page 133 STAT. 1869]]
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. <<NOTE: United Kingdom.>> 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.
[[Page 133 STAT. 1870]]
(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. <<NOTE: Nevada.>> 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. <<NOTE: Washington.>> MODIFICATION OF AUTHORITY TO
CARRY OUT CERTAIN FISCAL YEAR 2017
PROJECT.
The table in section 2301(a) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2696) is amended
in the item relating to Fairchild Air Force Base, Washington, by
striking ``$27,000,000'' and inserting ``$31,800,000'' for construction
of a SERE School Pipeline Dormitory, as specified in the funding table
in section 4601 of such Act (130 Stat. 2878).
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Little Rock Air Force Base, Arkansas.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to
Little Rock Air Force Base, Arkansas, by striking ``$20,000,000'' and
inserting ``$27,000,000'' for construction of a dormitory facility, as
specified in the funding table in section 4601 of such Act (131 Stat.
2002).
(b) Joint Base San Antonio, Texas.--In the case of the authorization
contained in the table in section 2301(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1826) for Joint Base San Antonio, Texas, the Secretary of the Air Force
may construct--
(1) a 750-square meter equipment building for construction
of a Classrooms/Dining Facility, as specified in the funding
table in section 4601 of such Act (131 Stat. 2003); and
(2) a 636-square meter air traffic control tower for
construction of an Air Traffic Control Tower, as specified in
the funding table in section 4601 of such Act (131 Stat. 2003).
(c) F.E. Warren Air Force Base, Wyoming.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to
F.E. Warren Air Force Base, Wyoming, by striking ``$62,000,000'' and
inserting ``$80,100,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table in section
4601 of such Act (131 Stat. 2004).
(d) Rygge Air Station, Norway.--In the case of the authorization
contained in the table in section 2903 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1876) for Rygge Air Station, Norway, for replacement/expansion of a
Quick Reaction Alert Pad, as specified in the funding table in section
4602 of such Act (131 Stat. 2014), the Secretary of the Air Force may
construct 1,327 square meters of aircraft shelter and a 404-square meter
fire protection support building.
[[Page 133 STAT. 1871]]
(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
[[Page 133 STAT. 1872]]
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:
[[Page 133 STAT. 1873]]
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Mountain View................................. $9,700,000
Naval Air Weapons Station China Lake.......... $8,950,000
Naval Support Activity Monterey............... $10,540,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $4,000,000
Maryland..................................... Naval Support Activity Bethesda............... $13,840,000
South Potomac................................. $18,460,000
New Mexico................................... White Sands Missile Range..................... $5,800,000
Texas........................................ Camp Swift.................................... $4,500,000
Fort Hood..................................... $16,500,000
Virginia..................................... National Reconnaissance Office Headquarters... $66,000
Washington................................... Naval Base Kitsap............................. $23,670,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy conservation
projects under chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in the
amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Naval Base Guam............................... $16,970,000
Unspecified Worldwide........................ Unspecified Worldwide Locations............... $150,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated for fiscal years beginning after September 30, 2019, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
[[Page 133 STAT. 1874]]
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:
[[Page 133 STAT. 1875]]
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
[[Page 133 STAT. 1876]]
Idaho........................................... Orchard Training Area........................ $29,000,000
Maryland........................................ Havre de Grace............................... $12,000,000
Massachusetts................................... Camp Edwards................................. $9,700,000
Minnesota....................................... New Ulm...................................... $11,200,000
Mississippi..................................... Camp Shelby.................................. $8,100,000
Missouri........................................ Springfield.................................. $12,000,000
Nebraska........................................ Bellevue..................................... $29,000,000
New Hampshire................................... Concord...................................... $5,950,000
New York........................................ Jamaica Armory............................... $91,000,000
Pennsylvania.................................... Moon Township................................ $23,000,000
Vermont......................................... Jericho...................................... $30,000,000
Washington...................................... Richland..................................... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware........................................ Newark Army Reserve Center................... $21,000,000
Wisconsin....................................... Fort McCoy................................... $25,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Navy may acquire real property and carry out the military
construction project for the Navy Reserve and Marine Corps Reserve
location inside the United States, and in the amount, set forth in the
following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans............................... $25,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the Secretary
of the Air Force may acquire real property and
[[Page 133 STAT. 1877]]
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.
[[Page 133 STAT. 1878]]
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT
AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2019, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT
AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Military installation resilience plans and projects.
Sec. 2802. Improved consultation with tribal governments when proposed
military construction projects potentially impact Indian
tribes.
Sec. 2803. Increased authority for use of certain appropriations amounts
for restoration or replacement of damaged or destroyed
facilities.
Sec. 2804. Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and
climate resiliency, and cyber resilience.
Sec. 2805. Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse environmental
effects.
Sec. 2806. Improved flood risk disclosure for military construction.
Sec. 2807. Prioritization of projects in annual report on unfunded
requirements for laboratory military construction projects.
Sec. 2808. Technical corrections and improvements to defense access road
resilience.
Sec. 2809. Military construction projects for child development centers
at military installations.
Sec. 2810. Prohibition on use of funds to reduce air base resiliency or
demolish protected aircraft shelters in the European theater
without creating a similar protection from attack.
Sec. 2811. Prohibition on use of funds to close or return certain bases
to the host nation.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Improved energy security for main operating bases in Europe.
Sec. 2822. Access to Department of Defense installations for
credentialed transportation workers.
Sec. 2823. Improved recording and maintaining of Department of Defense
real property data.
Subtitle C--Land Conveyances
Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah.
Sec. 2832. Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery.
Sec. 2833. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California.
Sec. 2834. Transfer of administrative jurisdiction over certain parcels
of Federal land in Arlington, Virginia.
[[Page 133 STAT. 1879]]
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
[[Page 133 STAT. 1880]]
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. <<NOTE: 10 USC 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
[[Page 133 STAT. 1881]]
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) <<NOTE: Cost estimates.>> 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 <<NOTE: 10 USC 2801
prec.>> 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) <<NOTE: Determinations.>> In addition to any other
applicable consultation requirement pursuant to law or Department of
Defense policy, if a proposed military construction project is likely to
significantly impact tribal lands, known sacred sites, or tribal treaty
rights, the Secretary concerned shall initiate consultation with the
tribal government of each impacted Indian tribe--
``(A) to determine the nature and extent of such impact;
``(B) to determine whether such impact can be avoided or
mitigated in the design and implementation of the project; and
``(C) if such impact cannot be avoided, to develop feasible
measures consistent with applicable law to mitigate the impact
and estimate the cost of the mitigation measures.
``(2) As part of the Department of Defense Form 1391 submitted to
the appropriate committees of Congress for a military construction
project covered by paragraph (1), the Secretary concerned, to the extent
possible at the time of such submission, shall include a description of
the current status of the consultation conducted under such paragraph
and specifically address each of the items specified in subparagraphs
(A), (B), and (C) of such paragraph.
``(3) The requirement under paragraph (1) does not affect the
obligation of the Secretary concerned to comply with any other
applicable consultation requirement pursuant to law or Department of
Defense policy.
``(4) <<NOTE: Definitions.>> 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.''.
[[Page 133 STAT. 1882]]
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. <<NOTE: 10 USC 2864 note.>> AMENDMENT OF UNIFIED
FACILITIES CRITERIA TO PROMOTE MILITARY
INSTALLATION RESILIENCE, ENERGY
RESILIENCE, ENERGY AND CLIMATE
RESILIENCY, AND CYBER RESILIENCE.
(a) Amendment Required.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1883]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> 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.
[[Page 133 STAT. 1884]]
(2) The term ``energy and climate resiliency'' has the
meaning given that term in section 2864 of title 10, United
States Code.
SEC. 2805. <<NOTE: 10 USC 2802 note.>> 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''.
[[Page 133 STAT. 1885]]
(b) Reporting Requirements.--Section 2805(a)(3) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in the matter preceding the subparagraphs, by inserting
after ``floodplain'' the following: ``or are to be impacted by
projected current and future mean sea level fluctuations over
the lifetime of the project''; and
(2) by adding at the end the following new subparagraph:
``(D) A description of how the proposed project has
taken into account projected current and future mean sea
level fluctuations over the lifetime of the project.''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in the matter preceding the subparagraphs--
(A) by inserting after ``floodplain'' the following:
``or that will be impacted by projected current and
future mean sea level fluctuations over the lifetime of
the project''; and
(B) by striking ``an additional'';
(2) in subparagraph (A)--
(A) by inserting ``an additional'' before ``2
feet''; and
(B) by striking ``and'' at the end of the
subparagraph;
(3) in subparagraph (B)--
(A) by inserting ``an additional'' before ``3
feet''; and
(B) by striking the period at the end of the
subparagraph and inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(C) any additional flooding that will result from
projected current and future mean sea level fluctuations
over the lifetime of the project.''.
SEC. 2807. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON UNFUNDED
REQUIREMENTS FOR LABORATORY MILITARY
CONSTRUCTION PROJECTS.
Section 2806 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is amended--
(1) by striking ``Assistant Secretary of Defense for Energy,
Installations, and Environment'' and inserting ``Under Secretary
of Defense for Acquisition and Sustainment'';
(2) by striking ``reporting'' and inserting ``report''; and
(3) by inserting ``in prioritized order, with specific
accounts and program elements identified,'' after ``evaluation
facilities,''.
SEC. 2808. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO DEFENSE
ACCESS ROAD RESILIENCE.
Section 210 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``(a)(1) The Secretary''
and all that follows through the end of paragraph (1) and
inserting the following:
``(a) Authorization.--
``(1) In general.--When defense access roads are certified
to the Secretary as important to the national defense by the
Secretary of Defense or such other official as the President may
designate, the Secretary is authorized, out of the funds
appropriated for defense access roads, to provide for--
[[Page 133 STAT. 1886]]
``(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) <<NOTE: Determination.>> Repair of Certain Damages and
Infrastructure.--The funds appropriated to carry out this section may be
used to pay
[[Page 133 STAT. 1887]]
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) <<NOTE: Applicability.>> 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. <<NOTE: Certification.>> 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. <<NOTE: Certification.>> 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
[[Page 133 STAT. 1888]]
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) <<NOTE: 10 USC 2911 note.>> 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) <<NOTE: 10 USC 2911 note.>> Waiver for National Security
Interests.--
(1) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Assessment.>> ) 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) <<NOTE: 10 USC 2911 note.>> 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 133 STAT. 1889]]
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. <<NOTE: 10 USC 2222 note.>> IMPROVED RECORDING AND
MAINTAINING OF DEPARTMENT OF DEFENSE
REAL PROPERTY DATA.
(a) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadlines.>> 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
[[Page 133 STAT. 1890]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Determination. Survey.>> 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.).
[[Page 133 STAT. 1891]]
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) <<NOTE: Determination. Survey.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1892]]
(d) <<NOTE: Reimbursements.>> 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) <<NOTE: Homeless persons.>> Modification of Use.--
(1) Application.--The State of California shall submit to
the Administrator of General Services an application for use of
the property conveyed by section 2 of Public Law 85-236 for
purposes of meeting the needs of the homeless in accordance with
the amendment made by subsection (a).
(2) <<NOTE: Deadline. Determination.>> 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) <<NOTE: Review. Consultation.>> 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.
[[Page 133 STAT. 1893]]
(4) <<NOTE: Determination. Records.>> 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. <<NOTE: Deadline.>> 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) <<NOTE: 38 USC 2409 note.>> 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) <<NOTE: Determination.>> 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.--
[[Page 133 STAT. 1894]]
(A) <<NOTE: 38 USC 2409 note.>> 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) <<NOTE: Women in Military Service for America
Memorial Foundation, Inc. 40 USC 8903 note.>>
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) <<NOTE: 54 USC 320201 note.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Waiver authority.>> 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.''.
[[Page 133 STAT. 1895]]
(b) <<NOTE: Effective date.>> 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-- <<NOTE: New Mexico.>> White Sands National Park and White
Sands Missile Range
SEC. 2851. <<NOTE: 16 USC 410dddd.>> 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) <<NOTE: Historic preservation.>> 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.
[[Page 133 STAT. 1896]]
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``White Sands National Monument'' shall be considered to be a
reference to the ``White Sands National Park''.
(4) Availability of funds.--Any funds available for the
Monument shall be available for the Park.
(5) Administration.--The Secretary of the Interior shall
administer the Park in accordance with--
(A) this subsection; and
(B) the laws generally applicable to units of the
National Park System, including section 100101(a),
chapter 1003, sections 100751(a), 100752, 100753, and
102101, and chapter 3201 of title 54, United States
Code.
(6) World heritage list nomination.--
(A) County concurrence.--The Secretary of the
Interior shall not submit a nomination for the Park to
be included on the World Heritage List of the United
Nations Educational, Scientific and Cultural
Organization unless each county in which the Park is
located concurs in the nomination.
(B) Army notification.--Before submitting a
nomination for the Park to be included on the World
Heritage List of the United Nations Educational,
Scientific and Cultural Organization, the Secretary of
the Interior shall notify the Secretary of the Army of
the intent of the Secretary of the Interior to nominate
the Park.
(7) Effect.--Nothing in this subsection affects--
(A) valid existing rights (including water rights);
(B) permits or contracts issued by the Monument;
(C) existing agreements, including agreements with
the Department of Defense;
(D) the jurisdiction of the Department of Defense
regarding the restricted airspace above the Park; or
(E) the airshed classification of the Park under the
Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Modification of Boundaries of White Sands National Park and
White Sands Missile Range.--
(1) Transfers of administrative jurisdiction.--
(A) Transfer of administrative jurisdiction to the
secretary of the interior.--
(i) In general.--Administrative jurisdiction
over the land described in clause (ii) is
transferred from the Secretary of the Army to the
Secretary of the Interior.
(ii) Description of land.--The land referred
to in clause (i) is--
(I) the approximately 2,826 acres of
land identified as ``To NPS, lands
inside current boundary'' on the Map;
and
(II) the approximately 5,766 acres
of land identified as ``To NPS, new
additions'' on the Map.
(B) Transfer of administrative jurisdiction to the
secretary of the army.--
(i) In general.--Administrative jurisdiction
over the land described in clause (ii) is
transferred from the Secretary of the Interior to
the Secretary of the Army.
[[Page 133 STAT. 1897]]
(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) <<NOTE: Repeal.>> 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.
[[Page 133 STAT. 1898]]
(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) <<NOTE: Determination.>> 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) <<NOTE: Contracts.>> 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).
[[Page 133 STAT. 1899]]
(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. <<NOTE: 10 USC 113 note.>> 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:
[[Page 133 STAT. 1900]]
(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) <<NOTE: Deadlines. Cost estimates.>> 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) <<NOTE: Records.>> a copy of the Department of
Defense Form 1391 for the project;
(C) the estimated cost of the project; and
(D) details on the cost-sharing agreement with the
Republic of Korea.
(d) Expiration of Project Authority.--
(1) In general.--The authority to accept contributions and
carry out projects under this section expires on September 30,
2030.
(2) Continuation of projects.--The expiration of authority
under paragraph (1) does not prevent the continuation of any
project commenced before the date specified in that paragraph.
(e) Mutually Beneficial.--A project described in subsection (a)
shall be considered to be mutually beneficial if--
(1) the project is in support of a bilateral defense
cooperation agreement between the United States and the Republic
of Korea; or
[[Page 133 STAT. 1901]]
(2) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 10 USC 2802 note.>> PILOT PROGRAM TO EXTEND
SERVICE LIFE OF ROADS AND RUNWAYS UNDER
THE JURISDICTION OF THE SECRETARY OF
DEFENSE.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Research and development.>> Research,
development, and testing of pavement materials for use in
different geographic areas in the United States.
[[Page 133 STAT. 1902]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Analysis.>> 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. <<NOTE: Alabama.>> 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''.
[[Page 133 STAT. 1903]]
(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. <<NOTE: Santa Ynez Band of Chumash Indians Land
Affirmation Act of 2019.>> 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
[[Page 133 STAT. 1904]]
PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL
RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10) LOTS 1 THROUGH
12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA BARBARA,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED
IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE
OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-
230-23 AND 141-140-10) LOTS 19 AND 20 OF TRACT 18 AND THAT
PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE,
OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE
CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO
THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2,
1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582
OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND PORTION OF
APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN
THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON
THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO
THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001
AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5:
(PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF
TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO
THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2,
1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584
OF OFFICIAL RECORDS.
(4) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right
or claim of the Tribe to any land or interest in land
that
[[Page 133 STAT. 1905]]
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. <<NOTE: California.>> 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
[[Page 133 STAT. 1906]]
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) <<NOTE: Applicability.>> Definitions.--For the purpose of this
section, the following definitions apply:
[[Page 133 STAT. 1907]]
(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'');
[[Page 133 STAT. 1908]]
(5) Federal agents who visited the Tribe and Commissioner of
Indian Affairs John Collier attested to the responsibility of
the Federal Government for the Tribe and members of the Tribe,
concluding that members of the Tribe are eligible for, and
should be provided with, trust land, making the Tribe eligible
for reorganization under the Act of June 18, 1934 (25 U.S.C.
5101 et seq.) (commonly known as the ``Indian Reorganization
Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under the
Act of August 13, 1946 (60 Stat. 1049) (commonly known as the
``Indian Claims Commission Act''), to petition for additional
compensation for land ceded to the United States under the
Pembina Treaty of 1863 and the McCumber Agreement of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have had
continuous dealings with the recognized political leaders of the
Tribe since the 1930s.
(b) Definitions.--In this section:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to subsection (f).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
(c) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Effect of federal laws.--Except as otherwise provided in
this section, all Federal laws (including regulations) of
general application to Indians and Indian tribes, including the
Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as
the ``Indian Reorganization Act''), shall apply to the Tribe and
members.
(d) Federal Services and Benefits.--
(1) <<NOTE: Effective date.>> 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--
[[Page 133 STAT. 1909]]
(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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1910]]
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) <<NOTE: Plan.>> 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
[[Page 133 STAT. 1911]]
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) <<NOTE: Plan.>> Report Required as Condition of
Authorization.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Navy shall submit to the congressional
defense committees a report containing a plan to carry out each military
construction project authorized in the final item in the table in
subsection (a) for an unspecified location for the European Deterrence
Initiative. The plan shall include a Department of Defense Form 1391 for
each proposed project. The Secretary may not commence a project until
the report has been submitted.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Air Force may acquire real property and carry out the military
construction projects for the installations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Iceland......................................... Keflavik................................... $57,000,000
Jordan.......................................... Azraq...................................... $66,000,000
Spain........................................... Moron...................................... $8,500,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $211,211,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) <<NOTE: Plan.>> 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:
[[Page 133 STAT. 1912]]
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) <<NOTE: Plan.>> 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 <<NOTE: List.>> 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.
[[Page 133 STAT. 1913]]
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) <<NOTE: Plan.>> 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. <<NOTE: List.>> The plan shall
include an explanation of how each military construction project will
incorporate mitigation measures that reduce the threat from extreme
weather events, mean sea level fluctuation, flooding, and any other
known environmental threat to resilience, including a list of any areas
in which there is a variance from the local building requirements and an
explanation of the reason for the variance. The plan shall also include
a Department of Defense Form 1391 for each proposed project. The
Secretary may not commence a project until the report required from the
Secretary has been submitted.
SEC. 2913. AUTHORIZATION OF EMERGENCY ARMY NATIONAL GUARD
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Army National Guard Authorization.--Subject to subsection (b),
using amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military construction
projects inside the United States as specified in the funding table in
section 4603, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations or
locations inside the United States, and in the amounts, set forth in the
following table:
Army National Guard Authorization
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... Pineville.................................. $16,500,000
Nebraska........................................ Ashland.................................... $43,500,000
----------------------------------------------------------------------------------------------------------------
(b) <<NOTE: Plan.>> 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
[[Page 133 STAT. 1914]]
committees a report containing a plan to carry out the military
construction projects authorized by this section. <<NOTE: List.>> The
plan shall include an explanation of how each military construction
project will incorporate mitigation measures that reduce the threat from
extreme weather events, mean sea level fluctuation, flooding, and any
other known environmental threat to resilience, including a list of any
areas in which there is a variance from the local building requirements
and an explanation of the reason for the variance. The plan shall also
include a Department of Defense Form 1391 for each proposed project. The
Secretary may not commence a project until the report required from the
Secretary has been submitted.
SEC. 2914. AUTHORIZATION OF EMERGENCY DEFENSE AGENCIES
CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Defense Agencies Authorization.--Subject to subsection (b),
using amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military construction
projects inside the United States as specified in the funding table in
section 4603, the Secretary of Defense may acquire real property and
carry out the military construction project for the installation inside
the United States, and in the amount, set forth in the following table:
Defense Agencies Authorization
------------------------------------------------------------------------
Installation or
State or Location Location Amount
------------------------------------------------------------------------
North Carolina..................... Camp Lejeune......... $75,313,000
------------------------------------------------------------------------
(b) <<NOTE: Plan.>> 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 <<NOTE: List.>> 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)).
[[Page 133 STAT. 1915]]
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.
[[Page 133 STAT. 1916]]
Sec. 3054. Department of Defense policy on lead-based paint testing on
military installations.
Sec. 3055. Standard for minimum credentials for health and environmental
inspectors of privatized military housing.
Sec. 3056. Requirements relating to move-in, move-out, and maintenance
of privatized military housing.
Sec. 3057. Standardized documentation, templates, and forms for
privatized military housing.
Sec. 3058. Satisfaction survey for tenants of military housing.
Subtitle E--Other Housing Reform Matters
Sec. 3061. Radon testing of privatized military housing.
Sec. 3062. Mitigation of risks posed by certain items in military family
housing units.
Sec. 3063. Suspension of Resident Energy Conservation Program and
related programs for privatized military housing.
Sec. 3064. Department of the Army pilot program to build and monitor use
of single family homes.
SEC. 3001. DEFINITIONS.
(a) <<NOTE: 10 USC 2821 note.>> 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.
[[Page 133 STAT. 1917]]
``(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-- <<NOTE: 10 USC 2890 prec.>> OVERSIGHT OF LANDLORDS AND
PROTECTIONS AND RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY
HOUSING
``Sec. 2890. <<NOTE: 10 USC 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) <<NOTE: Contracts.>> The Secretary of each military
department shall ensure that the housing documents are attached to each
lease agreement for a housing unit.
[[Page 133 STAT. 1918]]
``(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) <<NOTE: Contracts.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Time period. Procedures.>> 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.
[[Page 133 STAT. 1919]]
``(9) The right to receive property management services
provided by a landlord that meet or exceed industry standards
and that are performed by professionally and appropriately
trained, responsive, and courteous customer service and
maintenance staff.
``(10) The right to have multiple, convenient methods to
communicate directly with the landlord maintenance staff, and to
receive consistently honest, accurate, straightforward, and
responsive communications.
``(11) The right to have access to an electronic work order
system through which a tenant may request maintenance or repairs
of a housing unit and track the progress of the work.
``(12) With respect to maintenance and repairs to a housing
unit, the right to the following:
``(A) Prompt and professional maintenance and
repair.
``(B) To be informed of the required time frame for
maintenance or repairs when a maintenance request is
submitted.
``(C) In the case of maintenance or repairs
necessary to ensure habitability of a housing unit, to
prompt relocation into suitable lodging or other housing
at no cost to the tenant until the maintenance or
repairs are completed.
``(13) The right to receive advice from military legal
assistance on procedures involving mechanisms for resolving
disputes with the property management company or property
manager to include mediation, arbitration, and filing claims
against a landlord.
``(14) The right to enter into a dispute resolution process,
as provided in section 2894 of this title, should all other
methods be exhausted and, in which case, a decision in favor of
the tenant may include a reduction in rent or an amount to be
reimbursed or credited to the tenant.
``(15) The right to have the tenant's basic allowance
housing payments segregated and held in escrow, with approval of
a designated commander, and not used by the property owner,
property manager, or landlord pending completion of the dispute
resolution process.
``(16) The right to have reasonable, advance notice of any
entrance by a landlord, installation housing staff, or chain of
command into the housing unit, except in the case of an
emergency or abandonment of the housing unit.
``(17) The right to not pay non-refundable fees or have
application of rent credits arbitrarily held.
``(18) The right to expect common documents, forms, and
processes for housing units will be the same for all
installations of the Department, to the maximum extent
applicable without violating local, State, and Federal
regulations.
``(c) Elements of Tenant Responsibilities.--At a minimum, the
Military Housing Privatization Initiative Tenant Responsibilities shall
address the following responsibilities of tenants of housing units:
``(1) The responsibility to report in a timely manner any
apparent environmental, safety, or health hazards of the housing
unit to the landlord and any defective, broken, damaged, or
malfunctioning building systems, fixtures, appliances, or other
parts of the housing unit, the common areas, or related
facilities.
[[Page 133 STAT. 1920]]
``(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) <<NOTE: Deadline.>> Any change made to a housing document
must be submitted to Congress at least 30 days before the change takes
effect.
``(3) <<NOTE: Public information. Web posting.>> 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) <<NOTE: 10
USC 2890 prec.>> , 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 <<NOTE: 10
USC 2801 prec.>> 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.''.
[[Page 133 STAT. 1921]]
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. <<NOTE: 10 USC 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) <<NOTE: Deadlines. 10 USC 2890a note.>> 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). <<NOTE: Update.>> 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. <<NOTE: 10 USC 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
[[Page 133 STAT. 1922]]
commits work-order fraud under the contract from doing any work under
the contract.
``(c) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Publication.>> 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
[[Page 133 STAT. 1923]]
``(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) <<NOTE: Applicability. 10 USC 2891 note.>> 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) <<NOTE: Deadlines. 10 USC 2891 note.>> Retroactive Landlord
Agreements.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall seek agreement from all landlords to
accept the application of the requirements set forth in section
2891 of title 10, United States Code, as added by subsection
(a), to appropriate legal documents entered into or renewed
before the date of the enactment of this Act between the
Secretary of a military department and a landlord regarding
privatized military housing
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary of Defense shall submit to the congressional
defense committees a list of any landlords that did not agree
under paragraph (1) to accept the requirements set forth in
section 2891 of title 10, United States Code, as added by
subsection (a).
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the Secretaries of the
military departments shall include any lack of agreement under
paragraph (1) as past performance considered under section 2891b
of title 10, United States Code, as added by section 3015,with
respect to entering into or renewing any future contracts
regarding privatized military housing.
SEC. 3014. ADDITIONAL REQUIREMENTS RELATING TO MANAGEMENT OF
PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, as added by section 3011, is amended by inserting after
section 2891 of such title, as added by section 3013, the following new
section:
[[Page 133 STAT. 1924]]
``Sec. 2891a. <<NOTE: 10 USC 2891a.>> Requirements relating to
management of housing units
``(a) <<NOTE: Contracts.>> 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) <<NOTE: Review.>> reviewing, on an annual basis, the
mold mitigation plan and pest control plan of each landlord
managing housing units for the installation; and
``(B) <<NOTE: Notification.>> 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) <<NOTE: List.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Disclosure.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1925]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Notification.>> first notifying the tenant of
the tenant's right to assistance from the legal assistance
office at the installation; and
``(B) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1926]]
``(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) <<NOTE: Deadline. 10 USC 2891a note.>> 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) <<NOTE: 10 USC 2891a note.>> 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, <<NOTE: 10 USC 2871 prec.>> is amended by striking
the item relating to section 2886.
(e) <<NOTE: Deadlines. 10 USC 2891a note.>> Retroactive Landlord
Agreements.--
[[Page 133 STAT. 1927]]
(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) <<NOTE: List.>> Submittal of list to congress.--Not
later than March 1, 2020, the Secretary of Defense shall submit
to the congressional defense committees a list of any landlords
that did not agree under paragraph (1) to accept the
requirements set forth in section 2891a of title 10, United
States Code, as added by subsection (a).
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the Secretaries of the
military departments shall include any lack of agreement under
paragraph (1) as past performance considered under section 2891b
of title 10, United States Code, as added by section 3015, with
respect to entering into or renewing any future contracts
regarding privatized military housing.
SEC. 3015. CONSIDERATION OF CONTRACTOR HISTORY IN CONTRACTS FOR
PRIVATIZED MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States Code, as
added by section 3011, is amended by inserting after section 2891a of
such title, as added by section 3014, the following new section:
``Sec. 2891b. <<NOTE: 10 USC 2891b.>> Considerations of eligible
entity housing history in contracts for
privatized military housing
``(a) <<NOTE: Determination. Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 10 USC 2891c.>> Financial transparency
``(a) <<NOTE: Reports.>> Submission of Landlord Financial
Information.--(1) Not less frequently than annually, the Secretary of
Defense shall
[[Page 133 STAT. 1928]]
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) <<NOTE: Summary.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Deadline. Web posting.>> 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) <<NOTE: Contracts.>> 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:
[[Page 133 STAT. 1929]]
``Sec. 2894a. <<NOTE: 10 USC 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) <<NOTE: Contracts. Requirement.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 1930]]
``(10) <<NOTE: Analysis.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Certification.>> 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. <<NOTE: 10 USC 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) <<NOTE: Requirement.>> Access by Department Personnel.--The
Secretary of Defense shall require each landlord of a housing unit to
provide access to the maintenance work order system of the landlord
relating to the housing unit to the following persons:
``(1) Personnel of the housing management office at the
installation for which the housing unit is provided.
``(2) Personnel of the installation and engineer command or
center of the military department concerned.
``(3) Such other personnel of the Department of Defense as
the Secretary determines necessary.''.
SEC. 3018. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING TO
MAINTENANCE WORK ORDER SYSTEM.
Section 2892 of title 10, United States Code, as added by section
3017, is amended by adding at the end the following new subsection:
``(c) <<NOTE: Requirement.>> 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
[[Page 133 STAT. 1931]]
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. <<NOTE: Requirement. 10 USC 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. <<NOTE: Definition.>> 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. <<NOTE: 10 USC 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) <<NOTE: 10 USC 2892a note.>> 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. <<NOTE: Determination. 10 USC 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
[[Page 133 STAT. 1932]]
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. <<NOTE: 10 USC 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) <<NOTE: Deadlines.>> 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) <<NOTE: Notification.>> notify the tenant that the
request has been received;
``(B) <<NOTE: Records.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1933]]
``(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) <<NOTE: Certification. Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period. Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Applicability.>> Paragraph (1) applies to the
following:
[[Page 133 STAT. 1934]]
``(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) <<NOTE: Procedures.>> 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) <<NOTE: Contracts.>> The Secretary of Defense shall ensure
that each lease entered into with a tenant for a housing unit clearly
expresses, in a separate addendum, the dispute resolution procedures.
``(g) Rule of Construction on Use of Other Adjudicative Bodies.--
Nothing in this section or any other provision of law shall be construed
to prohibit a tenant of a housing unit from pursuing a claim against a
landlord in any adjudicative body with jurisdiction over the housing
unit or the claim.''.
(b) Modification of Definition of Military Legal Assistance.--
Section 1044(d)(3)(B) of title 10, United States Code, is amended by
striking ``and 1565b(a)(1)(A)'' and inserting ``1565b(a)(1)(A), and
2894(b)(4)''.
(c) <<NOTE: Deadline. 10 USC 2894 note.>> 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) <<NOTE: Deadlines. 10 USC 2894 note.>> 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.
[[Page 133 STAT. 1935]]
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) <<NOTE: Determination.>> 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) <<NOTE: Notifications.>> 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) <<NOTE: Update. Time period.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Regulations. 10 USC 2890 note.>> 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) <<NOTE: 10 USC 2890 note.>> 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.
[[Page 133 STAT. 1936]]
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. <<NOTE: 10 USC 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) <<NOTE: Determination.>> 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 <<NOTE: 10
USC 2871 prec.>> , 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)--
[[Page 133 STAT. 1937]]
(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) <<NOTE: 10 USC 1792 note.>> 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
[[Page 133 STAT. 1938]]
(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) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> Calculation of
monthly payments.--For purposes of making payments under
subparagraph (A) for a month, the Secretary of the
military department concerned shall determine the amount
equal to 2.5 percent of the aggregate of the amounts
calculated under section 403(b)(3)(A)(i) of title 37,
United States Code, for covered housing under the
jurisdiction of the Secretary for that month.
``(2) Additional payments to lessors responsible for
underfunded projects.--
``(A) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 1939]]
``(3) Alternative authority in event of lack of underfunded
projects.--
``(A) <<NOTE: Determination. Consultation.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 10 USC 2871 note.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Coordination.>> Report.--Not later than six months
after the date of the enactment of this Act, the Secretary of Defense,
in coordination
[[Page 133 STAT. 1940]]
with the Secretaries of the military departments, shall submit to the
congressional defense committees a report containing the following:
(1) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Cost estimate.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Schedule.>> 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.
[[Page 133 STAT. 1941]]
SEC. 3043. PLAN FOR ESTABLISHMENT OF DEPARTMENT OF DEFENSE
JURISDICTION OVER OFF-BASE PRIVATIZED
MILITARY HOUSING.
(a) <<NOTE: Deadline.>> 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. <<NOTE: Deadline.>> 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) <<NOTE: Public information. Web posting. Summary.>>
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. <<NOTE: Deadlines. 10 USC 2871 note.>> 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
[[Page 133 STAT. 1942]]
with qualified home inspectors to conduct a thorough inspection and
assessment of the structural integrity and habitability of each unit of
privatized military housing. The plan shall include the implementation
plan for the uniform code to be established under subsection (a).
(c) Implementation of Inspections and Assessments.--
(1) Implementation.--Not later than February 1, 2021, the
Secretary of the military department concerned shall commence
conducting inspections and assessments of units of privatized
military housing pursuant to the plan submitted under subsection
(b) to identify issues and ensure compliance with applicable
housing codes, including the uniform code established under
subsection (a).
(2) Report.--Not later than March 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
report on the findings of the inspections and assessments
conducted under paragraph (1).
(d) Qualified Home Inspectors Described.--For purposes of this
section, a qualified home inspector must possess the appropriate
credentials for the work the inspector will perform, as defined by the
respective State in which the work will be performed. A qualified home
inspector may not be an employee or in a fiduciary relationship with--
(1) the Federal Government; or
(2) an individual or entity who owns or manages privatized
military housing.
SEC. 3052. <<NOTE: 10 USC 2821 note.>> TOOL FOR ASSESSMENT OF
HAZARDS IN DEPARTMENT OF DEFENSE
HOUSING.
(a) Hazard Assessment Tool.--
(1) <<NOTE: Deadline.>> 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.--
[[Page 133 STAT. 1943]]
(1) <<NOTE: Deadline.>> 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) <<NOTE: Summary.>> 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. <<NOTE: 10 USC 2821 note.>> PROCESS TO IDENTIFY AND
ADDRESS ENVIRONMENTAL HEALTH HAZARDS IN
DEPARTMENT OF DEFENSE HOUSING.
(a) <<NOTE: Deadline. Coordination. Records.>> 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. <<NOTE: 10 USC 2661 note.>> DEPARTMENT OF DEFENSE
POLICY ON LEAD-BASED PAINT TESTING ON
MILITARY INSTALLATIONS.
(a) <<NOTE: Deadline.>> 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.--
[[Page 133 STAT. 1944]]
(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) <<NOTE: Reports.>> 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. <<NOTE: 10 USC 2890 note.>> 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
[[Page 133 STAT. 1945]]
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) <<NOTE: Requirement.>> 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. <<NOTE: 10 USC 2890 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Procedures.>> Policies and standard
operating procedures of the Department for privatized
military housing.
(B) <<NOTE: Contracts.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2821 note.>> SATISFACTION SURVEY FOR
TENANTS OF MILITARY HOUSING.
(a) <<NOTE: Deadline.>> Survey Required.--Not later than March 1,
2020, the Secretary of Defense shall require that each installation of
the
[[Page 133 STAT. 1946]]
Department of Defense use the same satisfaction survey for tenants of
military housing, including privatized military housing.
(b) Form of Survey.--The satisfaction survey required by subsection
(a) shall be an electronic survey with embedded privacy and security
mechanisms.
(c) Privacy and Security Mechanisms.--The privacy and security
mechanisms used in the satisfaction survey required by subsection (a)--
(1) may include a code unique to the tenant to be surveyed
that is sent to the cell phone number of the tenant and required
to be entered to access the survey; and
(2) in the case of privatized military housing, shall ensure
the survey is not shared with the landlord providing the
privatized military housing until the survey is reviewed and the
results are tallied by Department of Defense personnel.
Subtitle E--Other Housing Reform Matters
SEC. 3061. <<NOTE: 10 USC 2871 note.>> 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) <<NOTE: Deadline. Determination. Plan.>> 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. <<NOTE: 10 USC 2821 note.>> 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.--
[[Page 133 STAT. 1947]]
(1) <<NOTE: Deadline.>> 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. <<NOTE: 10 USC 2867 note.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Time period. Effective date.>> 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. <<NOTE: 10 USC 2821 note.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 1948]]
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.
[[Page 133 STAT. 1949]]
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 20-D-931, KL Fuel Development Laboratory, Knolls
Atomic Power Laboratory, Schenectady, New York, $23,700,000.
General Purpose Project, PF-4 Power and Communications
Systems Upgrade, Los Alamos National Laboratory, Los Alamos, New
Mexico, $16,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized to
be appropriated to the Department of Energy for fiscal year 2020 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 20-D-401, Saltstone Disposal Units numbers 10, 11,
and 12, Savannah River Site, Aiken, South Carolina, $1,000,000.
Project 20-D-402, Advanced Manufacturing Collaborative,
Savannah River Site, Aiken, South Carolina, $50,000,000.
Project 20-U-401, On-Site Waste Disposal Facility (Cell
Lines 2 and 3), Portsmouth Site, Pike County, Ohio, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2020 for other defense activities in carrying out
programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2020 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. PERSONNEL MATTERS AT NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Personnel Levels of the Office of the Administrator for Nuclear
Security.--
(1) Personnel levels.--
(A) Increase.--Subsection (a) of section 3241A of
the National Nuclear Security Administration Act (50
U.S.C. 2441a) is amended by striking ``1,690'' both
places it appears and inserting ``1,890''.
(B) Technical amendments.--Such subsection is
further amended--
[[Page 133 STAT. 1950]]
(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. <<NOTE: Reports. Time periods. 50 USC 2590.>>
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
[[Page 133 STAT. 1951]]
adding at the end the following new sentence: ``The Director shall
report directly to the Administrator.''.
(b) <<NOTE: Deadline.>> 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) <<NOTE: Determination. Certification.>> 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) <<NOTE: 50 USC 2538a note.>> 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
[[Page 133 STAT. 1952]]
(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''.
[[Page 133 STAT. 1953]]
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. <<NOTE: 42 USC 16539.>> NATIONAL LABORATORY JOBS
ACCESS PROGRAM.
(a) <<NOTE: Effective date. Time period. Grants.>> In General.--On
or after the date that is 180 days after the date of the enactment of
this Act, the Secretary may establish a program, to be known as the
``Department of Energy National Lab Jobs ACCESS Program'', under which
the Secretary may award, on a competitive basis, 5-year grants to
eligible entities described in subsection (c) for the Federal share of
the costs of pre-apprenticeship programs and apprenticeship programs
described in subsection (b).
(b) Pre-apprenticeship and Apprenticeship Programs Described.--A
pre-apprenticeship program or apprenticeship program described in this
subsection is a pre-apprenticeship program or apprenticeship program
that--
(1) leads to recognized postsecondary credentials for
secondary school and postsecondary students;
(2) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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--
[[Page 133 STAT. 1954]]
(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
[[Page 133 STAT. 1955]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 1956]]
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).
[[Page 133 STAT. 1957]]
(11) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(12) Pre-apprenticeship program.--The term ``pre-
apprenticeship program'' means a program--
(A) designed to prepare individuals to enter and
succeed in an apprenticeship program; and
(B) that has a documented partnership with at least
one, if not more, apprenticeship programs.
(13) Provider of adult education.--The term ``provider of
adult education'' has the meaning given the term ``eligible
provider'' in section 203 of the Adult Education and Family
Literacy Act (29 U.S.C. 3272).
(14) Related instruction.--The term ``related instruction''
means an organized and systematic form of instruction designed
to provide an individual in a pre-apprenticeship program or
apprenticeship program with the knowledge of the technical
subjects related to the intended occupation of the individual
after completion of the program.
(15) Secretary.--The term ``Secretary'' means the Secretary
of Energy, in consultation with the Secretary of Labor, except
as otherwise specified in this section.
(16) Sponsor.--The term ``sponsor'' means any person,
association, committee, or organization operating a pre-
apprenticeship program or apprenticeship program and in whose
name the program is (or is to be) registered or approved.
(17) State apprenticeship agency.--The term ``State
apprenticeship agency'' has the meaning given that term in
section 29.2 of title 29, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
(18) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(19) Workforce intermediary.--The term ``workforce
intermediary''--
(A) means a nonprofit organization that--
(i) proactively addresses workforce needs
using a dual customer approach, which considers
the needs of both employees and employers; and
(ii) has partnered with a sponsor of a pre-
apprenticeship program or apprenticeship program
or is a sponsor of a pre-apprenticeship program or
apprenticeship program; and
(B) may include a community organization, an
employer organization, a community college, a temporary
staffing agency, a State workforce development board, a
local workforce development board, or a labor or labor-
management organization.
[[Page 133 STAT. 1958]]
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) <<NOTE: Definition.>> 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
[[Page 133 STAT. 1959]]
(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) <<NOTE: Deadline. Public information. Web posting.>> 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) <<NOTE: Timeline.>> 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
[[Page 133 STAT. 1960]]
(ii) a description of any changes since
January 15, 2014, to the requirements for such
alternatives.
(B) <<NOTE: Review.>> 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) <<NOTE: Assessment.>> an assessment of the
risks to certification; and
(B) the need for planned upgrades to such warhead.
(2) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Consultation. Contracts. Assessment.>>
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) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 1961]]
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) <<NOTE: Deadline.>> In General.--Not later than 90 days after
the date of the enactment of this Act, the Administrator for Nuclear
Security shall enter into an arrangement with the National Academies of
Sciences, Engineering, and Medicine to conduct an assessment of recent
advances and the current status of research in the field of high energy
density physics.
(b) Elements.--The assessment conducted under subsection (a) shall
include the following:
(1) Theoretical and computational modeling of high energy
density material phases, radiation-matter interactions, plasmas
atypical of astrophysical conditions, and conditions unique to
the National Nuclear Security Administration.
(2) The simulation of such phases, interactions, plasmas,
and conditions.
(3) Instrumentation and target fabrication.
(4) Workforce training.
(5) An assessment of advancements made by other countries in
high energy density physics.
(6) Such others items as are agreed upon by the
Administrator and the National Academies.
(c) Applicability of Internal Controls.--The assessment under
subsection (a) shall be conducted in accordance with the internal
controls of the National Academies.
(d) Report to Congress.--Not later than 18 months after entering
into the arrangement under subsection (a), the National Academies of
Sciences, Engineering, and Medicine shall submit to the congressional
defense committees a report on the assessment conducted under that
subsection.
(e) High Energy Density Physics Defined.--In this section, the term
``high energy density physics'' means the physics of matter and
radiation at--
(1) energy densities exceeding 100,000,000,000 joules per
cubic meter; and
(2) other temperature and pressure ranges within the warm
dense matter regime.
SEC. 3138. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH
RESPECT TO PRODUCING TRITIUM.
<<NOTE: Deadline.>> 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.
[[Page 133 STAT. 1962]]
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) <<NOTE: Definition.>> 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.''.
[[Page 133 STAT. 1963]]
(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.
[[Page 133 STAT. 1964]]
``(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:
[[Page 133 STAT. 1965]]
``(4) Subject to the approval of the Board, the Chairman may
organize the staff of the Board as the Chairman considers appropriate to
best accomplish the mission of the Board described in section 312(a).''.
(5) Temporary personnel levels.--During fiscal year 2020,
the Defense Nuclear Facilities Safety Board shall employ not
fewer than the equivalent of 100 full-time employees.
(b) Public Health and Safety.--Section 312(a) of such Act (42 U.S.C.
2286a(a)) is amended by inserting before the period at the end the
following: ``, including with respect to the health and safety of
employees and contractors at such facilities''.
(c) Access to Facilities, Personnel, and Information.--Section 314
of such Act (42 U.S.C. 2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy'' and
inserting ``Except as specifically provided by this
section, the Secretary of Energy'';
(B) by striking ``ready access'' both places it
appears and inserting ``prompt and unfettered access'';
and
(C) by adding at the end the following new sentence:
``The access provided to defense nuclear facilities,
personnel, and information under this subsection shall
be provided without regard to the hazard or risk
category assigned to a facility by the Secretary.''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Authority of Secretary to Deny Information.--(1) The Secretary
may deny access to information under subsection (a) only to any person
who--
``(A) has not been granted an appropriate security clearance
or access authorization by the Secretary; or
``(B) does not need such access in connection with the
duties of such person.
``(2) If the Board requests access to information under subsection
(a) in written form, and the Secretary denies access to such information
pursuant to paragraph (1)--
``(A) <<NOTE: Notice.>> the Secretary shall provide the
Board notice of such denial in written form; and
``(B) <<NOTE: Effective date. Reports.>> not later than
January 1 and July 1 of each year beginning in 2020--
``(i) <<NOTE: Time period.>> 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) <<NOTE: Definition.>> 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.''.
[[Page 133 STAT. 1966]]
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) <<NOTE: President. Contracts.>> 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) <<NOTE: 42 USC 2286 note.>> 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) <<NOTE: Deadline. President.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Plan. Time period.>> a plan for
submitting such a nomination during the 90-day period
following the submission of the report.
``(B) <<NOTE: Reports.>> 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.''.
[[Page 133 STAT. 1967]]
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.
[[Page 133 STAT. 1968]]
Sec. 3562. Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking.
Sec. 3563. Human trafficking in the seafood supply chain report.
Part IV--Authorization of Appropriations
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to the
Department of Transportation for fiscal year 2020, to be available
without fiscal year limitation if so provided in appropriations Acts,
for programs associated with maintaining the United States Merchant
Marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $95,944,000, of which--
(A) $77,944,000 shall remain available until
September 30, 2021 for Academy operations; and
(B) $18,000,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,280,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2021, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended
for direct payments to such academies;
(C) $30,080,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels;
(D) $3,800,000 shall remain available until expended
for training ship fuel assistance; and
(E) $8,000,000 shall remain available until expended
for offsetting the costs of training ship sharing.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $600,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of which
$5,000,000 shall remain available until expended for activities
authorized under section 50307 of title 46, United States Code.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a United
States flag Merchant Marine to serve the national security needs
of the United States under chapter 531 of title 46, United
States Code, $300,000,000, which shall remain available until
expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined
in section 502(5) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5)) of loan guarantees under the
program, which shall remain available until expended;
and
[[Page 133 STAT. 1969]]
(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'';
[[Page 133 STAT. 1970]]
(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) <<NOTE: Designation.>> 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
[[Page 133 STAT. 1971]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Review.>> 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) <<NOTE: Review.>> analyze and review aspects
of, structure, and document the obligation guarantee
during the term of the guarantee;
``(D) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Federal Register, publication. Timeline.>>
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
[[Page 133 STAT. 1972]]
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) <<NOTE: Consultation. Publication. List.>> 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) <<NOTE: Determination.>> Review.--Such list
shall be reviewed and revised every four years or as
necessary, as determined by the Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the follows
through ``$850,000,000'' and inserting ``that amount,
$850,000,000''; and
(B) by striking ``facilities'' and all that follows
through the end of the subsection and inserting
``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (K),
as subparagraphs (A) through (J), respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of title 46,
United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by striking
``(including an eligible export vessel)'';
(B) in clause (iv) by inserting ``or'' after the
semicolon;
(C) in clause (v), by striking ``; or'' and
inserting a period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and (B),
Vessels of National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46, United
States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46, United
States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case of'' and all
that follows through ``party''; and
(ii) by striking ``and'' after the semicolon;
and
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
[[Page 133 STAT. 1973]]
(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. <<NOTE: Contracts. Review. Updates. Time period. 46
USC 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
[[Page 133 STAT. 1974]]
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) <<NOTE: Deadline. Federal Register,
publication. Notice. 46 USC 53703 note.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline. Federal Register, publication.>>
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) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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, <<NOTE: 46 USC 53701
prec.>> 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:
[[Page 133 STAT. 1975]]
``(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) <<NOTE: Determinations.>> 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
[[Page 133 STAT. 1976]]
as emergency lighting, fire alarm, and audio
evacuation systems, that are discrete systems
incorporated into a public building or work and
that are produced as complete systems, are
evaluated as a single and distinct construction
material regardless of when or how the individual
parts or components of those systems are delivered
to the construction site.
``(iii) The term `United States' includes the
District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.''.
(b) Authorization of Appropriations.--Section 54101(i) of title 46,
United States Code, is amended--
(1) by striking ``2018, 2019, and 2020'' and inserting
``2020 and 2021''; and
(2) by striking ``$35,000,000'' and inserting
``$40,000,000''.
(c) Notification of Committees of Certain Proposed Obligations.--The
first section of Public Law 85-804 (50 U.S.C. 1431) is amended, in the
third sentence, by inserting ``and in addition, the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
with respect to contracts, or modifications or amendments to contracts,
or advance payments proposed to be made under this section by the
Secretary of the Department in which the Coast Guard is operating with
respect to the acquisition of Coast Guard cutters or aircraft,'' after
``House of Representatives''.
SEC. 3508. SALVAGE RECOVERIES OF CARGOES.
Section 57107 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Salvaging Cargoes.--
``(1) Reimbursable agreements.--The Secretary of
Transportation, acting through the Administrator of the Maritime
Administration, may enter into reimbursable agreements with
other Federal entities to provide legal services to such
entities relating to the salvaging of cargoes for which such
entities have custody, or control, or for which for such
entities have trustee responsibilities from vessels in the
custody or control of the Maritime Administration or its
predecessor agencies. The Secretary may receive and retain
reimbursement from such entities for all costs incurred related
to the provision of such services.
``(2) Amounts received.--Amounts received as reimbursements
under this subsection shall be credited to the fund or account
that was used to cover the costs incurred by the Secretary or,
if the period of availability of obligations for that
appropriation has expired, to the appropriation of funds that is
currently available to the Secretary for substantially the same
purpose. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations, as
amounts in such fund or account.
``(3) <<NOTE: Cost estimate. Determination.>> 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
[[Page 133 STAT. 1977]]
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. <<NOTE: 46 USC 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) <<NOTE: Consultation.>> 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, <<NOTE: 46 USC 57100 prec.>> 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) <<NOTE: Establishment.>> 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
[[Page 133 STAT. 1978]]
to serve until a successor is appointed. The Secretary may promulgate or
amend regulations as necessary to implement this subsection.''.
SEC. 3511. <<NOTE: 46 USC 3702 note.>> MILITARY TO MARINER.
(a) <<NOTE: Deadline. Coordination. Consultation. List. Determination.>>
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) <<NOTE: Determination. Deadline.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Certification. Deadline.>> 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
[[Page 133 STAT. 1979]]
members of the uniformed services who are seeking information
and assistance on merchant mariner credentialing; and
(5) <<NOTE: Deadline. Review.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Deadline. Audit.>> 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) <<NOTE: Deadline. Contracts.>> In General.--Not later than 180
days after the date of enactment of this title, the Secretary of
Transportation shall seek
[[Page 133 STAT. 1980]]
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) <<NOTE: Assessment.>> A comprehensive assessment of the
United States Merchant Marine Academy's systems, training,
facilities, infrastructure, information technology, and
stakeholder engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine Academy
keep pace with more modern campuses.
(3) <<NOTE: Plan. Recommenda- tions.>> 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. <<NOTE: Ports Improvement Act.>> PORT OPERATIONS,
RESEARCH, AND TECHNOLOGY.
(a) <<NOTE: 46 USC 101 note.>> 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) <<NOTE: Grants.>> 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.
[[Page 133 STAT. 1981]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> In general.--The
Secretary may select a project described in paragraph
(3) for funding under this subsection if the Secretary
determines that--
[[Page 133 STAT. 1982]]
``(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) <<NOTE: Waiver authority.>> 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.
[[Page 133 STAT. 1983]]
``(ii) Rural areas.--The Secretary may
increase the Federal share of costs above 80
percent for a project located in a rural area.
``(9) <<NOTE: Guidelines.>> 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) <<NOTE: Applicability.>> Grant conditions.--
``(A) <<NOTE: Records.>> 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) <<NOTE: Review. Audits.>> make the
records described in clause (i) available for
review and audit by the Secretary; and
``(iii) <<NOTE: Reports. Assessment.>>
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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 1984]]
``(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) <<NOTE: Coordination.>> Additional Authority of the
Secretary.--In carrying out this section, the Secretary may--
``(1) coordinate with other Federal agencies to expedite the
process established under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port
facilities to improve the efficiency of the transportation
system, to increase port security, or to provide greater access
to port facilities;
``(2) seek to coordinate all reviews or requirements with
appropriate Federal, State, and local agencies; and
``(3) in addition to any financial assistance provided under
subsection (c), provide such technical assistance to port
authorities or commissions or their subdivisions and agents.''.
(c) <<NOTE: 46 USC 50302 note.>> 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--
[[Page 133 STAT. 1985]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Consultation.>> 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.
[[Page 133 STAT. 1986]]
(b) Sea Year Compliance.--Section 3514(a)(1)(A) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46
U.S.C. 51318 note) is amended by inserting ``domestic and
international'' after ``criteria that''.
SEC. 3517. <<NOTE: 46 USC 51318 note.>> UNITED STATES MERCHANT
MARINE ACADEMY SEXUAL ASSAULT PREVENTION
AND RESPONSE PROGRAM.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Inventory.>> 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) <<NOTE: Summary.>> 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.
[[Page 133 STAT. 1987]]
SEC. 3519. REPORT ON UNITED STATES FLAGGED FUEL TANKER VESSEL
CAPACITY.
(a) <<NOTE: Consultation. Time periods.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 1988]]
Subtitle B--Cable Security Fleet
SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET.
(a) In General.--Title 46, United States Code, is amended by
inserting before chapter 533 the following new chapter:
``CHAPTER 532-- <<NOTE: 46 USC 53201 prec.>> 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. <<NOTE: 46 USC 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.--
[[Page 133 STAT. 1989]]
``(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. <<NOTE: 46 USC 53202.>> Establishment of the Cable
Security Fleet
``(a) <<NOTE: Consultation.>> 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;
[[Page 133 STAT. 1990]]
``(4) <<NOTE: Determinations.>> 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) <<NOTE: Certification.>>
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) <<NOTE: Contracts.>> 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
[[Page 133 STAT. 1991]]
of the vessel in a manner that will adversely affect the
interests of the United States; and
``(C) <<NOTE: Notification. Determination.>> 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) <<NOTE: Notification. Determination.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 1992]]
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) <<NOTE: Compliance.>> the vessel complies
with applicable international agreements and associated
guidelines, as determined by the country in which the
vessel was documented immediately before becoming
documented under chapter 121; and
``(C) that country has not been identified by that
Secretary as inadequately enforcing international vessel
regulations as to that vessel.
``(2) Continued eligibility for certificate.--Paragraph (1)
does not apply to a vessel after any date on which the vessel
fails to comply with the applicable international agreements and
associated guidelines referred to in paragraph (1)(B).
``(3) Reliance on classification society.--
``(A) In general.--The Secretary of the Department
in which the Coast Guard is operating may rely on a
certification from the American Bureau of Shipping or,
subject to subparagraph (B), another classification
society accepted by that Secretary to establish that a
vessel is in compliance with the requirements of
paragraphs (1) and (2).
``(B) Foreign classification society.--The Secretary
of the Department in which the Coast Guard is operating
may accept certification from a foreign classification
society under subparagraph (A) only--
``(i) to the extent that the government of the
foreign country in which the society is
headquartered provides access on a reciprocal
basis to the American Bureau of Shipping; and
``(ii) if the foreign classification society
has offices and maintains records in the United
States.
``(e) <<NOTE: Determination.>> 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. <<NOTE: 46 USC 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) <<NOTE: Deadlines.>> 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.
[[Page 133 STAT. 1993]]
``(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) <<NOTE: Determination.>> 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. <<NOTE: 46 USC 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) <<NOTE: Notifications.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Notification. Deadline.>> 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 <<NOTE: Consultation. Determinations.>> 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
[[Page 133 STAT. 1994]]
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 <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Consultation. Deadline.>> 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. <<NOTE: 46 USC 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.
[[Page 133 STAT. 1995]]
``(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) <<NOTE: Determination.>> 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. <<NOTE: 46 USC 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) <<NOTE: Time periods.>> 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) <<NOTE: Time period.>> Reductions in Payments.--With respect
to payments under this chapter for a vessel covered by an Operating
Agreement, the Secretary shall make a pro rata reduction for each day
less than 365 in a fiscal year that the vessel is not operated in
accordance with section 53205(a)(1), with days during which the vessel
is drydocked or undergoing survey, inspection or repair to be considered
days on which the vessel is operated as provided in subsection (b).
``Sec. 53207. <<NOTE: 46 USC 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.--
[[Page 133 STAT. 1996]]
``(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
[[Page 133 STAT. 1997]]
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. <<NOTE: 46 USC 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) <<NOTE: Compliance. Determination.>> 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. <<NOTE: 46 USC 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 <<NOTE: 46 USC 50101
prec.>> , is amended by inserting before the item relating to chapter
533 the following new item:
``532. Cable Security Fleet.....................................53201''.
Subtitle C-- <<NOTE: Maritime Security and Fisheries Enforcement
Act.>> Maritime SAFE Act
SEC. 3531. <<NOTE: 16 USC 8001 note.>> SHORT TITLES.
This subtitle may be cited as the ``Maritime Security and Fisheries
Enforcement Act'' or the ``Maritime SAFE Act''.
SEC. 3532. <<NOTE: 16 USC 8001.>> 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.--
[[Page 133 STAT. 1998]]
(A) <<NOTE: President. Federal
Register, publication.>> 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) <<NOTE: Puerto Rico.>> 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) <<NOTE: Territories.>> 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
[[Page 133 STAT. 1999]]
of Action to Prevent, Deter, and Eliminate Illegal, Unreported
and Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001).
(7) Port state measures agreement.--The term ``Port State
Measures Agreement'' means the Agreement on Port State Measures
to Prevent, Deter, and Eliminate Illegal, Unreported, and
Unregulated Fishing set forth by the Food and Agriculture
Organization of the United Nations, done at Rome, Italy November
22, 2009, and entered into force June 5, 2016, which offers
standards for reporting and inspecting fishing activities of
foreign-flagged fishing vessels at port.
(8) Priority flag state.--The term ``priority flag state''
means a country selected in accordance with section 3552
(b)(3)--
(A) whereby the flagged vessels of which actively
engage in, knowingly profit from, or are complicit in
IUU fishing; and
(B) that is willing, but lacks the capacity, to
monitor or take effective enforcement action against its
fleet.
(9) Priority region.--The term ``priority region'' means a
region selected in accordance with section 3552 (b)(2)--
(A) that is at high risk for IUU fishing activity or
the entry of illegally caught seafood into the markets
of countries in the region; and
(B) in which countries lack the capacity to fully
address the illegal activity described in subparagraph
(A).
(10) Regional fisheries management organization.--The term
``Regional Fisheries Management Organization'' means an
intergovernmental fisheries organization or arrangement, as
appropriate, that has the competence to establish conservation
and management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks, crustaceans, and
all other forms of marine animal and plant life,
including those grown, produced, or reared through
marine aquaculture operations or techniques; and
(B) does not include marine mammals, turtles, or
birds.
(12) Transnational organized illegal activity.--The term
``transnational organized illegal activity'' means criminal
activity conducted by self-perpetuating associations of
individuals who operate transnationally for the purpose of
obtaining power, influence, or monetary or commercial gains,
wholly or in part by illegal means, while protecting their
activities through a pattern of corruption or violence or
through a transnational organizational structure and the
exploitation of transnational commerce or communication
mechanisms.
(13) Transshipment.--The term ``transshipment'' means the
use of refrigerated vessels that--
(A) collect catch from multiple fishing boats;
(B) carry the accumulated catches back to port; and
(C) deliver supplies to fishing boats, which allows
fishing vessels to remain at sea for extended periods
without coming into port.
SEC. 3533 <<NOTE: 16 USC 8002.>> . PURPOSES.
The purposes of this subtitle are--
[[Page 133 STAT. 2000]]
(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. <<NOTE: 16 USC 8003.>> 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;
[[Page 133 STAT. 2001]]
(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. <<NOTE: Consultation. 16 USC 8011.>> 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. <<NOTE: Deadline. Determination. 16 USC 8012.>>
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,
[[Page 133 STAT. 2002]]
intelligence, vessel movement monitoring, and
international development operating in or with knowledge
of the region; and
(2) <<NOTE: Designation.>> 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. <<NOTE: Evaluations. 16 USC 8013.>> ASSISTANCE BY
FEDERAL AGENCIES TO IMPROVE LAW
ENFORCEMENT WITHIN PRIORITY REGIONS AND
PRIORITY FLAG STATES.
(a) In General.-- <<NOTE: Consultation.>> 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) <<NOTE: Assessment.>> 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;
[[Page 133 STAT. 2003]]
(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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> to assess financial flows and the
use of financial institutions to launder profits related to IUU
fishing;
(9) to conduct training on the legal mechanisms that can be
used to prosecute those identified in the investigations as
alleged perpetrators of IUU fishing and other associated crimes
such as trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of
whistleblower information and ways to incentivize whistleblowers
to come forward with original information related to IUU
fishing.
(e) Capacity Building for Information Sharing.--The officials
referred to in subsection (a) shall evaluate opportunities to provide
assistance, as appropriate, to key countries in priority regions and
priority flag states in the form of training, equipment, and systems
development to build capacity for information sharing related to
maritime enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The Secretary of
State shall coordinate, as appropriate, with the Secretary of Commerce,
the Commandant of the Coast Guard when the Coast Guard is not operating
as a service in the Department of the Navy, and with other relevant
Federal agencies in accordance with this section.
SEC. 3544. <<NOTE: 16 USC 8014.>> EXPANSION OF EXISTING
MECHANISMS TO COMBAT IUU FISHING.
(a) <<NOTE: Assessment.>> 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.
[[Page 133 STAT. 2004]]
(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. <<NOTE: 16 USC 8015.>> 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. <<NOTE: 16 USC 8016.>> 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) <<NOTE: Assessment.>> 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
[[Page 133 STAT. 2005]]
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. <<NOTE: 16 USC 8017.>> 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. <<NOTE: 16 USC 8031.>> 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) <<NOTE: Appointments.>> 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
[[Page 133 STAT. 2006]]
(50 U.S.C. 3003)), who shall be appointed by the Director of
National Intelligence; and
(5) <<NOTE: President.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Assessment.>> assessing areas for increased
interagency information sharing on matters related to IUU
fishing and related crimes;
(3) <<NOTE: Standards.>> establishing standards for
information sharing related to maritime enforcement;
(4) <<NOTE: Strategy. Determination.>> developing a
strategy to determine how military assets and intelligence can
contribute to enforcement strategies to combat IUU fishing;
(5) <<NOTE: Strategy.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Strategy. Coordination.>> 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) <<NOTE: Consultation. Coordination.>> 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) <<NOTE: Publication.>> 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. <<NOTE: 16 USC 8032.>> STRATEGIC PLAN.
(a) <<NOTE: Deadline. Consultation.>> Strategic Plan.--Not later
than 2 years after the date of the enactment of this title, the Working
Group, after consultation
[[Page 133 STAT. 2007]]
with the relevant stakeholders, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Foreign Relations of the Senate, the Committee on Appropriations of the
Senate, the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Natural Resources of the House of
Representatives, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives a 5-year integrated strategic plan on combating IUU
fishing and enhancing maritime security, including specific strategies
with monitoring benchmarks for addressing IUU fishing in priority
regions.
(b) Identification of Priority Regions and Priority Flag States.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and priority flag
states to be the focus of assistance coordinated by the Working
Group under section 3551.
(2) Priority region selection criteria.--In selecting
priority regions under paragraph (1), the Working Group shall
select regions that--
(A) are at high risk for IUU fishing activity or the
entry of illegally caught seafood into their markets;
and
(B) lack the capacity to fully address the issues
described in subparagraph (A).
(3) Priority flag states selection criteria.--In selecting
priority flag states under paragraph (1), the Working Group
shall select countries--
(A) the flagged vessels of which actively engage in,
knowingly profit from, or are complicit in IUU fishing;
and
(B) that lack the capacity to police their fleet.
SEC. 3553. <<NOTE: Assessments. 16 USC 8033.>> 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) <<NOTE: Summary.>> 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;
[[Page 133 STAT. 2008]]
(5) <<NOTE: Summaries.>> 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. <<NOTE: 16 USC 8034.>> GULF OF MEXICO IUU FISHING
SUBWORKING GROUP.
(a) <<NOTE: Deadline. Coordination. Establishment.>> 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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 2009]]
(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) <<NOTE: Timeline.>> 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.
[[Page 133 STAT. 2010]]
(b) Report Elements.--The report required under subsection (a) shall
include--
(1) <<NOTE: List. Assessment.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 16 USC 8041.>> 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. <<NOTE: Reports.>> 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 133 STAT. 2011]]
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) <<NOTE: Compliance.>> 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.
[[Page 133 STAT. 2012]]
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT. 16,000 0
Early to need.... [-16,000]
004 RQ-11 (RAVEN)........ 23,510 21,420
Unit cost growth. [-2,090]
ROTARY
005 TACTICAL UNMANNED 12,100 6,100
AIRCRAFT SYSTEM
(TUAS).
Program reduction [-6,000]
007 HELICOPTER, LIGHT 11,000
UTILITY (LUH).
Program increase [11,000]
for sustainment
improvements.
008 AH-64 APACHE BLOCK 806,849 798,785
IIIA REMAN.
Unjustified cost [-8,064]
growth.
009 AH-64 APACHE BLOCK 190,870 190,870
IIIA REMAN.
012 UH-60 BLACKHAWK M 1,411,540 1,397,740
MODEL (MYP).
Unit cost growth. [-13,800]
013 UH-60 BLACKHAWK M 79,572 79,572
MODEL (MYP).
014 UH-60 BLACK HAWK L 169,290 169,290
AND V MODELS.
015 CH-47 HELICOPTER..... 140,290 131,290
Unit cost growth. [-9,000]
016 CH-47 HELICOPTER..... 18,186 46,186
Advance [28,000]
procurement for
CH-47F Block II.
MODIFICATION OF
AIRCRAFT
019 UNIVERSAL GROUND 2,090 2,090
CONTROL EQUIPMENT
(UAS).
020 GRAY EAGLE MODS2..... 14,699 14,699
021 MULTI SENSOR ABN 35,189 35,189
RECON (MIP).
022 AH-64 MODS........... 58,172 58,172
023 CH-47 CARGO 11,785 11,785
HELICOPTER MODS
(MYP).
024 GRCS SEMA MODS (MIP). 5,677 5,677
025 ARL SEMA MODS (MIP).. 6,566 6,566
026 EMARSS SEMA MODS 3,859 3,859
(MIP).
027 UTILITY/CARGO 15,476 13,476
AIRPLANE MODS.
Unit cost [-2,000]
discrepancy.
028 UTILITY HELICOPTER 6,744 6,744
MODS.
029 NETWORK AND MISSION 105,442 98,442
PLAN.
Cost growth...... [-7,000]
030 COMMS, NAV 164,315 164,315
SURVEILLANCE.
032 GATM ROLLUP.......... 30,966 30,966
033 RQ-7 UAV MODS........ 8,983 8,983
034 UAS MODS............. 10,205 10,205
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 52,297 52,297
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,388 8,388
037 CMWS................. 13,999 13,999
038 COMMON INFRARED 168,784 168,784
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777
EQUIPMENT.
040 COMMON GROUND 18,624 18,624
EQUIPMENT.
041 AIRCREW INTEGRATED 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 32,738 32,738
044 LAUNCHER, 2.75 ROCKET 2,201 2,201
045 LAUNCHER GUIDED 991 991
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,696,429 3,671,475
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 SYSTEM INTEGRATION 113,857 113,857
AND TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT 103,800 71,800
Early to need.... [-32,000]
003 MSE MISSILE.......... 698,603 698,603
004 INDIRECT FIRE 9,337 9,337
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 193,284 186,084
Unit cost growth. [-7,200]
007 JOINT AIR-TO-GROUND 233,353 199,295
MSLS (JAGM).
[[Page 133 STAT. 2013]]
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.
[[Page 133 STAT. 2014]]
034 SNIPER RIFLES 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS... 6,269 6,269
036 MORTAR MODIFICATION.. 1,693 1,693
037 MODIFICATIONS LESS 4,327 4,327
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066
(WOCV-WTCV).
039 PRODUCTION BASE 2,651 2,651
SUPPORT (WOCV-WTCV).
TOTAL 4,715,566 4,868,977
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,949 65,520
TYPES.
Prior-year [-3,429]
carryover.
002 CTG, 7.62MM, ALL 114,228 112,228
TYPES.
Prior-year [-2,000]
carryover.
003 CTG, HANDGUN, ALL 17,807 17,807
TYPES.
004 CTG, .50 CAL, ALL 63,966 63,966
TYPES.
005 CTG, 20MM, ALL TYPES. 35,920 27,920
Unit cost growth. [-8,000]
006 CTG, 25MM, ALL TYPES. 8,990 8,990
007 CTG, 30MM, ALL TYPES. 68,813 65,337
Prior-year carry [-1,134]
over.
Program [-2,342]
adjustment.
008 CTG, 40MM, ALL TYPES. 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL 50,580 49,580
TYPES.
Unit cost [-1,000]
discrepancy.
010 81MM MORTAR, ALL 59,373 44,673
TYPES.
Contract delays.. [-14,700]
011 120MM MORTAR, ALL 125,452 123,452
TYPES.
Unit cost growth. [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 171,284 120,464
105MM AND 120MM, ALL
TYPES.
Unit cost growth. [-50,820]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 57,434 57,434
RANGE M982.
016 ARTILLERY 271,602 268,022
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Cost growth and [-3,580]
unjustified
product
improvements.
MINES
017 MINES & CLEARING 55,433 39,239
CHARGES, ALL TYPES.
Contract delay... [-16,194]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994
TYPES.
Excess support [-10,000]
costs.
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES... 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES.. 40,592 40,592
023 SIGNALS, ALL TYPES... 18,609 18,609
024 SIMULATORS, ALL TYPES 16,054 16,054
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 5,261 5,261
TYPES.
026 NON-LETHAL 715 715
AMMUNITION, ALL
TYPES.
027 ITEMS LESS THAN $5 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492
TRANSPORTATION
(AMMO).
030 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
031 INDUSTRIAL FACILITIES 474,511 474,511
032 CONVENTIONAL 202,512 202,512
MUNITIONS
DEMILITARIZATION.
033 ARMS INITIATIVE...... 3,833 3,833
TOTAL 2,694,548 2,579,349
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
[[Page 133 STAT. 2015]]
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,993 12,993
DOLLY SETS.
002 SEMITRAILERS, 102,386 102,386
FLATBED:.
003 AMBULANCE, 4 LITTER, 127,271 127,271
5/4 TON, 4X4.
004 GROUND MOBILITY 37,038 35,038
VEHICLES (GMV).
Unit cost growth. [-2,000]
006 JOINT LIGHT TACTICAL 996,007 976,507
VEHICLE.
Army requested [-4,500]
transfer to RDTE,
A line 169.
Simulator delay.. [-15,000]
007 TRUCK, DUMP, 20T 10,838 10,838
(CCE).
008 FAMILY OF MEDIUM 72,057 138,057
TACTICAL VEH (FMTV).
Program increase. [66,000]
009 FIRETRUCKS & 28,048 28,048
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 9,969 9,969
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 6,280 6,280
012 HVY EXPANDED MOBILE 30,841 95,185
TACTICAL TRUCK EXT
SERV.
Program increase. [64,344]
013 HMMWV 5,734 5,734
RECAPITALIZATION
PROGRAM.
014 TACTICAL WHEELED 45,113 45,113
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 58,946 58,946
SVC EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE 791 791
018 PASSENGER CARRYING 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 143,933
PROGRAM.
Excess funding [-10,000]
for spares.
022 TACTICAL NETWORK 387,439 411,439
TECHNOLOGY MOD IN
SVC.
ITN-M for one [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189
WIDEBAND SATCOM
SYSTEMS.
029 TRANSPORTABLE 77,141 77,141
TACTICAL COMMAND
COMMUNICATIONS.
030 SHF TERM............. 16,054 16,054
031 ASSURED POSITIONING, 41,074 33,674
NAVIGATION AND
TIMING.
Program [-7,400]
cancellation.
032 SMART-T (SPACE)...... 10,515 10,515
033 GLOBAL BRDCST SVC-- 11,800 11,800
GBS.
034 ENROUTE MISSION 8,609 8,609
COMMAND (EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 57,533
INFRASTRUCTURE (TSI).
Program reduction [-20,000]
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK 468,026 488,026
SMALL FORM FIT (HMS).
SFAB technology [20,000]
refresh.
040 RADIO TERMINAL SET, 23,778 23,778
MIDS LVT(2).
044 SPIDER FAMILY OF 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE 9,291 9,291
047 COTS COMMUNICATIONS 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM 16,590 16,590
FOR COMBAT CASUALTY
CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS. 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600
SECURITY PROGRAM-
ISSP.
055 COMMUNICATIONS 160,899 147,097
SECURITY (COMSEC).
Unit cost growth. [-13,802]
056 DEFENSIVE CYBER 61,962 61,962
OPERATIONS.
057 INSIDER THREAT 756 756
PROGRAM--UNIT
ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 31,770
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
[[Page 133 STAT. 2016]]
060 INFORMATION SYSTEMS.. 159,009 159,009
061 EMERGENCY MANAGEMENT 4,854 4,854
MODERNIZATION
PROGRAM.
062 HOME STATION MISSION 47,174 47,174
COMMAND CENTERS
(HSMCC).
063 INSTALLATION INFO 297,994 265,494
INFRASTRUCTURE MOD
PROGRAM.
Insufficient [-32,500]
budget
justification.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)..... 7,686 7,686
068 DCGS-A (MIP)......... 180,350 180,350
070 TROJAN (MIP)......... 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & 7,568 7,568
MANAGEMENT TOOLS
(EWPMT).
079 AIR VIGILANCE (AV) 8,953 8,953
(MIP).
081 MULTI-FUNCTION 6,420 3,220
ELECTRONIC WARFARE
(MFEW) SYST.
Program reduction [-3,200]
083 COUNTERINTELLIGENCE/ 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION 121 121
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 115,210 114,210
Excess support [-1,000]
costs.
086 NIGHT VISION DEVICES. 236,604 160,379
Insufficient [-76,225]
justification
(IVAS).
088 SMALL TACTICAL 22,623 22,623
OPTICAL RIFLE
MOUNTED MLRF.
090 INDIRECT FIRE 29,127 29,127
PROTECTION FAMILY OF
SYSTEMS.
091 FAMILY OF WEAPON 120,883 81,541
SIGHTS (FWS).
Excess unit cost [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 256,567
PLATFORM (JBC-P).
Program [-9,100]
adjustment.
095 JOINT EFFECTS 69,720 44,720
TARGETING SYSTEM
(JETS).
Program delay.... [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000
SYSTEMS
MODIFICATIONS.
100 COUNTERFIRE RADARS... 16,416 16,416
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 13,197 13,197
FAMILY.
103 AIR & MSL DEFENSE 24,730 24,730
PLANNING & CONTROL
SYS.
104 IAMD BATTLE COMMAND 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL 260 260
SYSTEM (MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL 18,674 8,674
AND PAY SYSTEM-ARMY
(IPP.
Poor business [-10,000]
process
reengineering.
110 RECONNAISSANCE AND 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC 7,317 15,317
EQUIPMENT (ENFIRE).
Program increase-- [8,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342
PROCESSING EQUIP.
Program decrease. [-5,000]
Unjustified [-5,000]
growth.
114 GENERAL FUND 15,802 15,802
ENTERPRISE BUSINESS
SYSTEMS FAM.
115 HIGH PERF COMPUTING 67,610 67,610
MOD PGM (HPCMP).
116 CONTRACT WRITING 15,000 6,000
SYSTEM.
Program [-9,000]
duplication.
117 CSS COMMUNICATIONS... 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 10,302
TECHNOLOGIES.
Program reduction [-12,000]
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS.. 11,910 11,910
[[Page 133 STAT. 2017]]
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE......... 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 59,821 57,821
Contract delays.. [-2,000]
129 TACTICAL BRIDGE, 57,661 57,661
FLOAT-RIBBON.
130 BRIDGE SUPPLEMENTAL 17,966 17,966
SET.
131 COMMON BRIDGE 43,155 43,155
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570
MINEFIELD DETECTION
SYS-HST.
133 GRND STANDOFF MINE 37,025 37,025
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 83,082 47,899
DETECTION SYSTEM
(HMDS).
Unjustified unit [-35,183]
cost growth.
136 ROBOTIC COMBAT 2,000 2,000
SUPPORT SYSTEM
(RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115
RECAPITALIZATION.
138 ROBOTICS AND APPLIQUE 101,056 101,056
SYSTEMS.
140 RENDER SAFE SETS KITS 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245
MOTORS.
Unit cost growth. [-2,000]
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 111,955 111,955
147 MOBILE SOLDIER POWER. 31,364 29,943
Unit cost growth. [-1,421]
149 FIELD FEEDING 1,673 1,673
EQUIPMENT.
150 CARGO AERIAL DEL & 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451
AND CONSTRUCTION
SETS.
152 ITEMS LESS THAN $5M 5,167 5,167
(ENG SPT).
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 68,225 68,225
MEDICAL.
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 HYDRAULIC EXCAVATOR.. 500 500
162 TRACTOR, FULL TRACKED 4,835 4,835
163 ALL TERRAIN CRANES... 23,936 23,936
164 HIGH MOBILITY 27,188 27,188
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP.. 35,194 35,194
169 MANEUVER SUPPORT 14,185 14,185
VESSEL (MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC 14,814 14,814
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING 123,411 123,411
CENTERS SUPPORT.
175 TRAINING DEVICES, 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749
ENVIRONMENT (STE).
Program [-5,000]
adjustment.
178 AVIATION COMBINED 4,840 4,840
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 16,415 13,415
MODERNIZATION
(TEMOD).
Historical [-3,000]
underexecution.
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 9,877 9,877
SOLDIER SUPPORT
EQUIPMENT.
[[Page 133 STAT. 2018]]
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).
[[Page 133 STAT. 2019]]
GFE excess growth [-2,876]
(OSIP 019-14).
042 FEWSG................ 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767
SERIES.
044 E-6 SERIES........... 169,827 167,216
Program reduction [-2,611]
045 EXECUTIVE HELICOPTERS 8,933 8,933
SERIES.
047 T-45 SERIES.......... 186,022 184,314
NRE previously [-1,708]
funded.
048 POWER PLANT CHANGES.. 16,136 16,136
049 JPATS SERIES......... 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT. 162,839 152,839
Program decrease. [-10,000]
052 COMMON AVIONICS 102,107 75,107
CHANGES.
Computing and [-27,000]
displays
concurrency and
equipment growth
early to need.
053 COMMON DEFENSIVE 2,100 2,100
WEAPON SYSTEM.
054 ID SYSTEMS........... 41,437 41,437
055 P-8 SERIES........... 107,539 96,563
Increment 3 ECP 6 [-10,976]
early to need
(OSIP 006-18).
056 MAGTF EW FOR AVIATION 26,536 26,536
057 MQ-8 SERIES.......... 34,686 34,686
058 V-22 (TILT/ROTOR 325,367 325,367
ACFT) OSPREY.
059 NEXT GENERATION 6,223 3,111
JAMMER (NGJ).
Program reduction [-3,112]
060 F-35 STOVL SERIES.... 65,585 65,585
061 F-35 CV SERIES....... 15,358 15,358
062 QRC.................. 165,016 146,558
Program decrease. [-18,458]
063 MQ-4 SERIES.......... 27,994 27,994
064 RQ-21 SERIES......... 66,282 61,032
EO/IR turret [-5,250]
upgrades unit
cost growth (OSIP
004-20).
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR 2,166,788 2,146,788
PARTS.
MQ-4 Triton [-20,000]
spares excess
growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
068 COMMON GROUND 491,025 470,025
EQUIPMENT.
Other flight [-21,000]
training
previously funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES...... 41,086 32,086
BRU-61 previously [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 135,740
EQUIPMENT.
073 FIRST DESTINATION 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 18,522,204 18,961,816
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,177,251 1,177,251
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 386,730 344,648
Unjustified [-42,082]
tooling and
facilitization
costs.
TACTICAL MISSILES
004 AMRAAM............... 224,502 201,502
Unit cost growth. [-23,000]
005 SIDEWINDER........... 119,456 117,404
Program reduction [-2,052]
007 STANDARD MISSILE..... 404,523 404,523
008 STANDARD MISSILE..... 96,085 96,085
009 SMALL DIAMETER BOMB 118,466 115,828
II.
Program reduction [-2,638]
010 RAM.................. 106,765 106,765
012 HELLFIRE............. 1,525 1,525
015 AERIAL TARGETS....... 145,880 145,880
016 DRONES AND DECOYS.... 20,000 18,521
Excess to need... [-1,479]
[[Page 133 STAT. 2020]]
017 OTHER MISSILE SUPPORT 3,388 3,388
018 LRASM................ 143,200 143,200
019 LCS OTH MISSILE...... 38,137 38,137
MODIFICATION OF
MISSILES
020 ESSM................. 128,059 110,059
Production [-18,000]
support excess to
need.
021 HARPOON MODS......... 25,447 25,447
022 HARM MODS............ 183,740 183,740
023 STANDARD MISSILES 22,500 2,500
MODS.
Early to need.... [-20,000]
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 85,717
EQUIPMENT.
Insufficient [-23,710]
budget
justifcation.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,561 5,561
029 MK-48 TORPEDO........ 114,000 130,000
Program increase. [16,000]
030 ASW TARGETS.......... 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 119,453 112,013
HAAWC cost growth [-7,440]
032 MK-48 TORPEDO ADCAP 39,508 39,508
MODS.
033 QUICKSTRIKE MINE..... 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT.... 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 14,797 13,607
WEAPONS.
Program reduction [-1,190]
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 44,126 44,126
039 COAST GUARD WEAPONS.. 44,980 44,980
040 GUN MOUNT MODS....... 66,376 66,376
041 LCS MODULE WEAPONS... 14,585 14,585
043 AIRBORNE MINE 7,160 7,160
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR 126,138 124,390
PARTS.
Program reduction [-1,748]
TOTAL WEAPONS 4,235,244 4,107,905
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 36,028 34,997
Fuze contract [-1,031]
delay and unit
cost growth.
002 JDAM................. 70,413 70,413
003 AIRBORNE ROCKETS, ALL 31,756 27,707
TYPES.
Unit cost growth. [-4,049]
004 MACHINE GUN 4,793 4,793
AMMUNITION.
005 PRACTICE BOMBS....... 34,708 27,208
Q1300 LGTR unit [-7,500]
cost growth.
006 CARTRIDGES & CART 45,738 38,738
ACTUATED DEVICES.
Contract and [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,854
COUNTERMEASURES.
Unit cost growth. [-9,447]
008 JATOS................ 7,262 7,262
009 5 INCH/54 GUN 22,594 21,166
AMMUNITION.
MK187 mod 0 [-1,428]
projectile unit
cost growth.
010 INTERMEDIATE CALIBER 37,193 37,193
GUN AMMUNITION.
011 OTHER SHIP GUN 39,491 39,291
AMMUNITION.
CART 20MM [-200]
contract award
delay.
012 SMALL ARMS & LANDING 47,896 47,896
PARTY AMMO.
[[Page 133 STAT. 2021]]
013 PYROTECHNIC AND 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN 2,386 2,386
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 55,543 50,543
Prior year [-5,000]
underexecution.
017 DIRECT SUPPORT 131,765 131,765
MUNITIONS.
018 INFANTRY WEAPONS 78,056 52,088
AMMUNITION.
Underexecution [-25,968]
and schedule
delays.
019 COMBAT SUPPORT 40,048 34,048
MUNITIONS.
Unit cost growth. [-6,000]
020 AMMO MODERNIZATION... 14,325 14,325
021 ARTILLERY MUNITIONS.. 188,876 167,476
DA 54 contract [-21,400]
delay.
022 ITEMS LESS THAN $5 4,521 4,521
MILLION.
TOTAL 981,314 892,291
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 1,698,907 1,821,907
SUBMARINE.
Submarine [123,000]
supplier
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 2,347,000 1,042,000
PROGRAM.
Basic [-20,000]
construction/
conversion excess
cost growth.
Restoring [-1,285,000]
acquisition
accountability:
Transfer CVN-81
only to line 2X.
002A CARRIER REPLACEMENT 1,285,000
PROGRAM.
For CVN-81 only.. [1,285,000]
003 VIRGINIA CLASS 7,155,946 5,445,946
SUBMARINE.
Block V program [1,490,000]
increase.
SSN-812 program [-3,200,000]
decrease.
004 VIRGINIA CLASS 2,769,552 2,969,552
SUBMARINE ADVANCE
PROCUREMENT.
Advance [200,000]
Procurement in
support of a 10th
multi-year
procurement
contract ship
only.
005 CVN REFUELING 647,926 631,926
OVERHAULS.
CVN-74 RCOH [-16,000]
unjustified cost
growth.
006 CVN REFUELING 16,900
OVERHAULS ADVANCE
PROCUREMENT.
Restore CVN-75 [16,900]
RCOH.
007 DDG 1000............. 155,944 155,944
008 DDG-51............... 5,099,295 5,033,295
Basic [-66,000]
Construction
excess growth.
009 DDG-51 ADVANCE 224,028 484,028
PROCUREMENT.
Accelerate LLTM [260,000]
for FY21 Flight
III destroyers.
011 FFG-FRIGATE.......... 1,281,177 1,281,177
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........ 525,000
LPD-31 program [277,900]
increase.
Transfer from [247,100]
line 13.
013 LPD FLIGHT II ADVANCE 247,100 0
PROCUREMENT.
Transfer to line [-247,100]
12.
015 LHA REPLACEMENT...... 650,000
LHA-9 program [650,000]
increase.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 TAO FLEET OILER...... 981,215 981,215
019 TAO FLEET OILER 73,000 73,000
ADVANCE PROCUREMENT.
020 TOWING, SALVAGE, AND 150,282 150,282
RESCUE SHIP (ATS).
022 LCU 1700............. 85,670 85,670
023 OUTFITTING........... 754,679 705,721
Excess cost [-40,000]
growth.
Virginia class [-8,958]
outfitting excess
growth.
024 SHIP TO SHORE 65,000
CONNECTOR.
Program increase. [65,000]
025 SERVICE CRAFT........ 56,289 81,789
Accelerate YP-703 [25,500]
Flight II.
028 COMPLETION OF PY 55,700 104,700
SHIPBUILDING
PROGRAMS.
UPL EPF-14 [49,000]
conversion.
TOTAL 23,783,710 23,590,052
SHIPBUILDING AND
CONVERSION, NAVY.
[[Page 133 STAT. 2022]]
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 14,490 14,490
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 31,583 31,561
HM&E.
Twisted rudder [-22]
installation
early to need.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 77,404
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 160,803 160,803
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 566,140 553,490
Aegis [-5,000]
modernization
testing excess to
need.
Combat system [-7,650]
ship
qualification
trials excess to
need.
006 FIREFIGHTING 18,223 18,223
EQUIPMENT.
007 COMMAND AND CONTROL 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 95,651 79,563
Excess cost [-16,088]
growth.
009 POLLUTION CONTROL 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 44,895
EQUIPMENT.
011 VIRGINIA CLASS 28,465 28,465
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES.. 26,290 25,297
Virginia class [-993]
unit cost growth.
014 LPD CLASS SUPPORT 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS 9,930 9,930
SUPPORT EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,909 2,909
018 CG MODERNIZATION..... 193,990 193,990
019 LCAC................. 3,392 3,392
020 UNDERWATER EOD 71,240 71,240
PROGRAMS.
021 ITEMS LESS THAN $5 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE 6,635 6,635
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 REACTOR POWER UNITS.. 5,340 5,340
025 REACTOR COMPONENTS... 465,726 462,749
Program decrease-- [-2,977]
unit cost growth.
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 11,854
EQUIPMENT.
SMALL BOATS
027 STANDARD BOATS....... 79,102 79,102
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE. 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 51,553
MODULES EQUIPMENT.
030 LCS MCM MISSION 197,129 134,157
MODULES.
Excess cost [-62,972]
growth.
031 LCS ASW MISSION 27,754 27,754
MODULES.
032 LCS SUW MISSION 26,566 26,566
MODULES.
033 LCS IN-SERVICE 84,972 82,000
MODERNIZATION.
Habitability mod [-2,972]
(Freedom variant)
unit cost growth.
034 SMALL & MEDIUM UUV... 40,547 10,647
Knifefish early [-29,900]
to need.
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR......... 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC 366,968 356,953
EQUIPMENT.
Low cost [-10,015]
conformal array
contract delay.
039 UNDERSEA WARFARE 8,967 8,967
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545
WARFARE SYSTEM.
041 SSTD................. 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441
SYSTEM.
043 SURTASS.............. 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
[[Page 133 STAT. 2023]]
044 AN/SLQ-32............ 420,154 350,686
Block 3 kit early [-65,758]
to need.
FMP block 1B3 for [-2,300]
SLQ-32(V) 6
previously funded.
SEWIP block 1B2 [-1,410]
for USCG ship
forward fit
contract delays.
RECONNAISSANCE
EQUIPMENT
045 SHIPBOARD IW EXPLOIT. 194,758 193,440
SSEE [-1,318]
modifications
kits unit cost
growth.
046 AUTOMATED 5,368 5,368
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE 35,128 35,128
ENGAGEMENT
CAPABILITY.
048 NAVAL TACTICAL 15,154 15,154
COMMAND SUPPORT
SYSTEM (NTCSS).
049 ATDLS................ 52,753 52,753
050 NAVY COMMAND AND 3,390 3,390
CONTROL SYSTEM
(NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM.... 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT. 72,406 72,406
057 AFLOAT ATC EQUIPMENT. 67,410 65,779
ACLS mod kits [-1,631]
installations
cost growth.
058 ID SYSTEMS........... 26,059 26,059
059 JOINT PRECISION 92,695 78,195
APPROACH AND LANDING
SYSTEM (.
Early to need.... [-14,500]
060 NAVAL MISSION 15,296 15,296
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226
SYSTEMS.
062 DCGS-N............... 21,788 21,427
DCGS-N increment [-361]
2 kit unit cost
discrepancy.
063 CANES................ 426,654 395,154
Program decrease. [-31,500]
064 RADIAC............... 6,450 6,450
065 CANES-INTELL......... 52,713 52,713
066 GPETE................ 13,028 13,028
067 MASF................. 5,193 5,193
068 INTEG COMBAT SYSTEM 6,028 6,028
TEST FACILITY.
069 EMI CONTROL 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 144,636
MILLION.
NGSSR early to [-23,800]
need.
SHIPBOARD
COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 50,053
COMMUNICATIONS.
DMR IW and MUOS [-5,800]
system
procurement
afloat previously
funded.
072 SHIP COMMUNICATIONS 137,861 122,380
AUTOMATION.
STACC cost growth [-15,481]
073 COMMUNICATIONS ITEMS 35,093 31,493
UNDER $5M.
Improving funds [-3,600]
management: prior
year carryover.
SUBMARINE
COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833
SUPPORT.
075 SUBMARINE 69,643 60,794
COMMUNICATION
EQUIPMENT.
Buoy shape [-8,849]
improvement
unjustified
request.
SATELLITE
COMMUNICATIONS
076 SATELLITE 45,841 45,841
COMMUNICATIONS
SYSTEMS.
077 NAVY MULTIBAND 88,021 82,148
TERMINAL (NMT).
Afloat ship kit [-4,055]
cost growth.
Assured C2 modems [-1,818]
installation cost
excess growth.
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL 968 968
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
083 COAST GUARD EQUIPMENT 61,370 61,370
SONOBUOYS
[[Page 133 STAT. 2024]]
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.
[[Page 133 STAT. 2025]]
OTHER
133 NEXT GENERATION 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS.. 16,346 16,346
SPARES AND REPAIR
PARTS
134 SPARES AND REPAIR 375,608 352,140
PARTS.
JPALS spares [-8,137]
early to need.
LCS spares early [-15,331]
to need.
TOTAL OTHER 9,652,956 9,302,099
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 39,495 39,495
002 AMPHIBIOUS COMBAT 317,935 313,131
VEHICLE 1.1.
Excess [-4,804]
engineering
change orders.
003 LAV PIP.............. 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 25,065 25,065
TOWED HOWITZER.
005 ARTILLERY WEAPONS 100,002 90,002
SYSTEM.
Equipment [-10,000]
previously funded
and cost growth.
006 WEAPONS AND COMBAT 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR 175,998 175,998
DEFENSE.
009 ANTI-ARMOR MISSILE- 20,207 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR 21,913 21,913
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 60,501 60,501
TOW.
012 GUIDED MLRS ROCKET 29,062 28,062
(GMLRS).
Unit cost [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 37,203 32,203
COMMAND AND CONTROL
SYSTEM (C.
AN/MRQ-13 [-5,000]
communications
subsystems
upgrades
unjustified
growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 112,124 82,424
MILLION (COMM &
ELEC).
Unit cost growth. [-29,700]
017 AIR OPERATIONS C2 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
018 RADAR SYSTEMS........ 329 329
019 GROUND/AIR TASK 273,022 273,022
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC.............. 4,484 4,484
022 FIRE SUPPORT SYSTEM.. 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396
EQUIPMENT.
Unjustified [-2,500]
growth.
025 UNMANNED AIR SYSTEMS 34,711 34,711
(INTEL).
026 DCGS-MC.............. 32,562 32,562
OTHER SUPPORT (NON-
TEL)
030 NEXT GENERATION 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS. 108,897 108,897
033 RADIO SYSTEMS........ 227,320 212,320
Cost growth and [-15,000]
early to need.
034 COMM SWITCHING & 31,685 23,781
CONTROL SYSTEMS.
ECP small form [-7,904]
factor previously
funded.
035 COMM & ELEC 21,140 21,140
INFRASTRUCTURE
SUPPORT.
036 CYBERSPACE ACTIVITIES 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS.. 5,535 5,535
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
[[Page 133 STAT. 2026]]
038 MOTOR TRANSPORT 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 558,107 556,107
VEHICLE.
ECP previously [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495
EQUIP ASSORT.
042 TACTICAL FUEL SYSTEMS 52 52
043 POWER EQUIPMENT 22,441 22,441
ASSORTED.
044 AMPHIBIOUS SUPPORT 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS.......... 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL 2,898 2,898
EQUIPMENT.
048 TRAINING DEVICES..... 149,567 126,567
ODS unjustified [-23,000]
request.
049 FAMILY OF 35,622 35,622
CONSTRUCTION
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956
MILLION.
SPARES AND REPAIR
PARTS
052 SPARES AND REPAIR 33,470 33,470
PARTS.
TOTAL 3,090,449 2,989,541
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,274,359 5,566,409
Program increase. [1,042,800]
Program increase: [440,000]
Turkish F-35A
Reallocation
Initiative.
Target cost [-190,750]
savings.
002 F-35................. 655,500 811,500
UPL Increase..... [156,000]
003 F-15E................ 1,050,000 985,500
Unjustified non- [-64,500]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP.......... 2,234,529 2,198,529
Excess to need... [-36,000]
OTHER AIRLIFT
006 C-130J............... 12,156 404,156
Program increase. [392,000]
008 MC-130J.............. 871,207 857,607
Excess to need... [-13,600]
009 MC-130J.............. 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE 884,235 876,035
HELICOPTER.
Excess to need... [-8,200]
MISSION SUPPORT
AIRCRAFT
011 C-37A................ 161,000 147,500
Unit cost growth. [-13,500]
012 CIVIL AIR PATROL A/C. 2,767 2,767
OTHER AIRCRAFT
014 TARGET DRONES........ 130,837 130,837
015 COMPASS CALL......... 114,095 114,095
017 MQ-9................. 189,205 175,205
Unit cost growth. [-14,000]
STRATEGIC AIRCRAFT
019 B-2A................. 9,582 9,582
020 B-1B................. 22,111 13,111
ADS-B ahead of [-9,000]
need.
021 B-52................. 69,648 69,648
022 LARGE AIRCRAFT 43,758 43,758
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10................. 132,069 132,069
024 E-11 BACN/HAG........ 70,027 70,027
025 F-15................. 481,073 467,767
ADCP unnecessary [-13,306]
due to F-15X.
026 F-16................. 234,782 309,782
[[Page 133 STAT. 2027]]
Additional radars [75,000]
028 F-22A................ 323,597 323,597
030 F-35 MODIFICATIONS... 343,590 343,590
031 F-15 EPAW............ 149,047 125,417
Not required [-23,630]
because of F-15X.
032 INCREMENT 3.2B....... 20,213 20,213
033 KC-46A MDAP.......... 10,213 5,213
Funding ahead of [-5,000]
need.
AIRLIFT AIRCRAFT
034 C-5.................. 73,550 73,550
036 C-17A................ 60,244 60,244
037 C-21................. 216 216
038 C-32A................ 11,511 11,511
039 C-37A................ 435 435
TRAINER AIRCRAFT
040 GLIDER MODS.......... 138 138
041 T-6.................. 11,826 11,826
042 T-1.................. 26,787 26,787
043 T-38................. 37,341 37,341
OTHER AIRCRAFT
044 U-2 MODS............. 86,896 106,896
Increase for U-2 [20,000]
enhancements.
045 KC-10A (ATCA)........ 2,108 2,108
046 C-12................. 3,021 3,021
047 VC-25A MOD........... 48,624 48,624
048 C-40................. 256 256
049 C-130................ 52,066 186,066
3.5 Engine [79,000]
Enhancement
Package.
NP-2000 prop [55,000]
blade upgrades.
050 C-130J MODS.......... 141,686 141,686
051 C-135................ 124,491 122,616
Low cost mods [-1,000]
slow execution.
RPI installs..... [-875]
053 COMPASS CALL......... 110,754 110,754
054 COMBAT FLIGHT 508 508
INSPECTION--CFIN.
055 RC-135............... 227,673 227,673
056 E-3.................. 216,299 128,992
NATO AWACS--Air [-87,307]
Force requested
transfer to line
88.
057 E-4.................. 58,477 58,477
058 E-8.................. 28,778 48,778
Increase for re- [20,000]
engining.
059 AIRBORNE WARNING AND 36,000 36,000
CNTRL SYS (AWACS) 40/
45.
060 FAMILY OF BEYOND LINE- 7,910 7,910
OF-SIGHT TERMINALS.
061 H-1.................. 3,817 3,817
062 H-60................. 20,879 20,879
063 RQ-4 MODS............ 1,704 1,704
064 HC/MC-130 51,482 51,482
MODIFICATIONS.
065 OTHER AIRCRAFT....... 50,098 50,098
066 MQ-9 MODS............ 383,594 251,594
Production rate [-132,000]
adjustment of DAS-
4 sensor.
068 CV-22 MODS........... 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 799,230
PARTS.
F-35 spares...... [96,000]
Program decrease. [-30,000]
RQ-4............. [25,000]
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,403 1,403
074 B-2B................. 42,234 42,234
075 B-52................. 4,641 4,641
076 C-17A................ 124,805 124,805
079 F-15................. 2,589 2,589
081 F-16................. 15,348 15,348
084 RQ-4 POST PRODUCTION 47,246 47,246
CHARGES.
INDUSTRIAL
PREPAREDNESS
[[Page 133 STAT. 2028]]
086 INDUSTRIAL 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES...... 32,102 32,102
OTHER PRODUCTION
CHARGES
088 OTHER PRODUCTION 1,194,728 1,222,035
CHARGES.
F-22 NGEN lab [-60,000]
excess.
NATO AWACS--Air [87,307]
Force requested
transfer from
line 56.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS.. 34,193 34,193
TOTAL AIRCRAFT 16,784,279 18,569,718
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 55,888 55,888
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 15,000 7,500
MUNITION.
Unjustified [-7,500]
requirement (JAGM-
F).
004 JOINT AIR-SURFACE 482,525 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X).. 160,408 160,408
007 AMRAAM............... 332,250 332,250
008 PREDATOR HELLFIRE 118,860 118,860
MISSILE.
009 SMALL DIAMETER BOMB.. 275,438 275,438
010 SMALL DIAMETER BOMB 212,434 200,684
II.
Unit cost growth. [-11,750]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 801 801
POL PREVENTION.
CLASS IV
012 ICBM FUZE MOD........ 5,000 5,000
013 ICBM FUZE MOD........ 14,497 14,497
014 MM III MODIFICATIONS. 50,831 59,705
Air Force [8,874]
requested
transfer.
015 AGM-65D MAVERICK..... 294 294
016 AIR LAUNCH CRUISE 77,387 68,513
MISSILE (ALCM).
Air Force [-8,874]
requested
transfer.
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE 144,553 144,553
PROGRAMS.
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS.. 849,521 849,521
TOTAL MISSILE 2,889,187 2,869,937
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 31,894 31,894
002 AF SATELLITE COMM 56,298 56,298
SYSTEM.
004 COUNTERSPACE SYSTEMS. 5,700 5,700
005 FAMILY OF BEYOND LINE- 34,020 29,020
OF-SIGHT TERMINALS.
Unjustified [-5,000]
growth.
007 GENERAL INFORMATION 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON..... 414,625 414,625
009 GPS III SPACE SEGMENT 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031
(COMSEC).
013 MILSATCOM............ 11,096 11,096
015 EVOLVED EXPENDABLE 1,237,635 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE).... 233,952 233,952
017 NUDET DETECTION 7,432 7,432
SYSTEM.
018 ROCKET SYSTEMS LAUNCH 11,473 11,473
PROGRAM.
019 SPACE FENCE.......... 71,784 71,784
020 SPACE MODS........... 106,330 106,330
021 SPACELIFT RANGE 118,140 118,140
SYSTEM SPACE.
SPACE PROCUREMENT,
AIR FORCE
SPARES
022 SPARES AND REPAIR 7,263 7,263
PARTS.
TOTAL SPACE 2,414,383 2,409,383
PROCUREMENT, AIR
FORCE.
[[Page 133 STAT. 2029]]
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).
[[Page 133 STAT. 2030]]
030 MOBILITY COMMAND AND 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 178,361
SECURITY SYSTEM.
032 COMBAT TRAINING 233,993 261,993
RANGES.
Joint threat [28,000]
emitters.
033 MINIMUM ESSENTIAL 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA 80,818 42,118
SURVEILLANCE (WAS).
Program decrease. [-38,700]
035 C3 COUNTERMEASURES... 25,036 25,036
036 INTEGRATED PERSONNEL 20,900 0
AND PAY SYSTEM.
Poor agile [-20,900]
implementation.
037 GCSS-AF FOS.......... 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337
SYSTEM.
041 AIR & SPACE 33,243 33,243
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 69,530 62,280
TRANSPT INFRAST
(BITI) WIRED.
Restoring [-7,250]
acquisition
accountability.
044 AFNET................ 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 20,190 20,190
047 USSTRATCOM........... 11,244 11,244
ORGANIZATION AND BASE
048 TACTICAL C-E 143,757 143,757
EQUIPMENT.
050 RADIO EQUIPMENT...... 15,402 15,402
051 CCTV/AUDIOVISUAL 3,211 3,211
EQUIPMENT.
052 BASE COMM 43,123 43,123
INFRASTRUCTURE.
MODIFICATIONS
053 COMM ELECT MODS...... 14,500 14,500
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 50,634 50,634
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 23,963 23,963
EQUIPMENT.
058 ENGINEERING AND EOD 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT... 26,439 26,439
060 FUELS SUPPORT 24,255 24,255
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 26,716 26,716
064 DCGS-AF.............. 116,055 116,055
066 SPECIAL UPDATE 835,148 835,148
PROGRAM.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 18,292,807 18,292,807
SPARES AND REPAIR
PARTS
067 SPARES AND REPAIR 81,340 81,340
PARTS.
TOTAL OTHER 21,342,857 21,303,034
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA 1,504 1,504
045 MAJOR EQUIPMENT, OSD. 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133
SECURITY PROGRAM
(ISSP).
Realignment to [-1,400]
DISA for
Sharkseer.
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS. 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718
SECURITY.
Realignment for [1,400]
Sharkseer.
009 TELEPORT PROGRAM..... 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669
ENTERPRISE.
[[Page 133 STAT. 2031]]
016 JOINT REGIONAL 88,000 88,000
SECURITY STACKS
(JRSS).
017 JOINT SERVICE 107,907 107,907
PROVIDER.
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT...... 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT...... 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS. 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
028 THAAD................ 425,863 388,543
Unit cost savings [-37,320]
029 GROUND BASED 9,471 9,471
MIDCOURSE.
031 AEGIS BMD............ 600,773 565,374
SM-3 Block IB [-35,399]
multiyear unit
cost savings.
032 AEGIS BMD............ 96,995 96,995
033 BMDS AN/TPY-2 RADARS. 10,046 10,046
034 ARROW 3 UPPER TIER 55,000 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
036 AEGIS ASHORE PHASE 25,659 25,659
III.
037 IRON DOME............ 95,000 95,000
038 AEGIS BMD HARDWARE 124,986 124,986
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 5,030 5,030
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
025 VEHICLES............. 211 211
026 OTHER MAJOR EQUIPMENT 11,521 11,521
MAJOR EQUIPMENT,
DODEA
021 AUTOMATION/ 1,320 1,320
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 2,432 2,432
MAJOR EQUIPMENT,
DMACT
020 MAJOR EQUIPMENT...... 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES 172,020 172,020
AND SUSTAINMENT.
054 UNMANNED ISR......... 15,208 15,208
055 NON-STANDARD AVIATION 32,310 32,310
056 U-28................. 10,898 10,898
057 MH-47 CHINOOK........ 173,812 173,812
058 CV-22 MODIFICATION... 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338
VEHICLE.
060 PRECISION STRIKE 232,930 232,930
PACKAGE.
061 AC/MC-130J........... 173,419 165,019
RFCM realignment [-8,400]
to RDAF FVL.
062 C-130 MODIFICATIONS.. 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS... 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS 279,992 279,992
<$5M.
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 298,480 298,480
<$5M.
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.
[[Page 133 STAT. 2032]]
Unjustified [-4,570]
growth.
TOTAL 5,114,416 5,028,727
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
Program decrease. [-99,200]
TOTAL JOINT 99,200 0
URGENT
OPERATIONAL
NEEDS FUND.
TOTAL 132,343,701 133,100,265
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV............. 54,000 54,000
ROTARY
015 CH-47 HELICOPTER..... 25,000 25,000
MODIFICATION OF
AIRCRAFT
021 MULTI SENSOR ABN 80,260 80,260
RECON (MIP).
024 GRCS SEMA MODS (MIP). 750 750
026 EMARSS SEMA MODS 22,180 22,180
(MIP).
027 UTILITY/CARGO 8,362 8,362
AIRPLANE MODS.
029 NETWORK AND MISSION 10 10
PLAN.
031 DEGRADED VISUAL 49,450 49,450
ENVIRONMENT.
GROUND SUPPORT
AVIONICS
037 CMWS................. 130,219 130,219
038 COMMON INFRARED 9,310 9,310
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED 2,000 2,000
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 381,541 381,541
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 37,938 37,938
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 4,389 4,389
SYSTEM SUMMARY.
011 GUIDED MLRS ROCKET 431,596 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 130,770 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE 83,300 83,300
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS......... 7,500 7,500
022 MLRS MODS............ 348,000 336,500
Excess to need... [-11,500]
TOTAL MISSILE 1,438,058 1,426,558
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 221,638 221,638
VEHICLE (AMPV).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 4,100 4,100
008 IMPROVED RECOVERY 80,146 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD). 13,100 13,100
WEAPONS & OTHER
COMBAT VEHICLES
015 M240 MEDIUM MACHINE 900 900
GUN (7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400
ANTI-PERSONNEL
WEAPONS.
[[Page 133 STAT. 2033]]
019 MORTAR SYSTEMS....... 18,941 18,941
020 XM320 GRENADE 526 526
LAUNCHER MODULE
(GLM).
023 CARBINE.............. 1,183 1,183
025 COMMON REMOTELY 4,182 4,182
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 248 248
MOD OF WEAPONS AND
OTHER COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 353,454 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
003 CTG, HANDGUN, ALL 17 17
TYPES.
004 CTG, .50 CAL, ALL 189 189
TYPES.
007 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 36,052 36,052
RANGE M982.
016 ARTILLERY 7,271 7,271
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 148,682 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY 26,917 26,917
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734
TACTICAL TRUCK EXT
SERV.
014 TACTICAL WHEELED 50,000 50,000
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 28,000 28,000
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000
TECHNOLOGY MOD IN
SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE 6,930 6,930
TACTICAL COMMAND
COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778
NAVIGATION AND
TIMING.
032 SMART-T (SPACE)...... 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, 350 350
MIDS LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM 1,231 1,231
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 20,482
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 55,800 55,800
063 INSTALLATION INFO 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 38,613 38,613
070 TROJAN (MIP)......... 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051
(INTEL SPT) (MIP).
075 BIOMETRIC TACTICAL 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
082 FAMILY OF PERSISTENT 71,493 31,493
SURVEILLANCE CAP.
(MIP).
Unjustified [-40,000]
growth.
083 COUNTERINTELLIGENCE/ 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 20,000 20,000
086 NIGHT VISION DEVICES. 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
[[Page 133 STAT. 2034]]
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
[[Page 133 STAT. 2035]]
TOTAL WEAPONS 97,466 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 26,978 26,978
002 JDAM................. 12,263 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020
TYPES.
004 MACHINE GUN 33,577 33,577
AMMUNITION.
005 PRACTICE BOMBS....... 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537
DEMOLITION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 1,930 1,930
017 DIRECT SUPPORT 1,172 1,172
MUNITIONS.
018 INFANTRY WEAPONS 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT 965 965
MUNITIONS.
021 ARTILLERY MUNITIONS.. 32,047 32,047
TOTAL PROCUREMENT OF 204,814 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD 5,800 5,800
PROGRAMS.
ASW ELECTRONIC
EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173
VEHICLES.
109 GENERAL PURPOSE 408 408
TRUCKS.
111 FIRE FIGHTING 785 785
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 100 100
118 FIRST DESTINATION 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES 1,090 1,090
SUPPORT EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300
EQUIPMENT.
TOTAL OTHER 357,600 357,600
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 16,919 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS.......... 3,670 3,670
TOTAL PROCUREMENT, 20,589 20,589
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9................. 172,240 172,240
018 RQ-20B PUMA.......... 12,150 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT 53,335 53,335
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS.... 19,800 19,800
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560
PARTS.
COMMON SUPPORT
EQUIPMENT
[[Page 133 STAT. 2036]]
072 AIRCRAFT REPLACEMENT 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 309,110 309,110
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 20,900 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 180,771 180,771
MISSILE.
TOTAL MISSILE 201,671 201,671
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 84,960 84,960
CARTRIDGES
002 CARTRIDGES........... 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS 545,309 545,309
FLARES
015 FLARES............... 93,272 93,272
FUZES
016 FUZES................ 157,155 157,155
SMALL ARMS
017 SMALL ARMS........... 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE 52,502 52,502
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE 11,837 11,837
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E 306 306
EQUIPMENT.
052 BASE COMM 4,300 4,300
INFRASTRUCTURE.
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT
EQUIPMENT
059 MOBILITY EQUIPMENT... 26,535 26,535
060 FUELS SUPPORT 4,040 4,040
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 3,209,066 3,209,066
TOTAL OTHER 3,538,098 3,538,098
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM..... 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 COUNTER IED & 4,590 4,590
IMPROVISED THREAT
TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 51,380 46,380
Program decrease. [-5,000]
AVIATION PROGRAMS
050 MANNED ISR........... 5,000 5,000
[[Page 133 STAT. 2037]]
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 138,252 138,252
<$5M.
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 37,512 37,512
<$5M.
072 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL 7,594 7,594
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 45,194 45,194
ENHANCEMENTS.
TOTAL PROCUREMENT, 447,047 442,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 265,000
Program increase. [265,000]
TOTAL NATIONAL GUARD 265,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 9,688,058 9,881,155
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OTHER PROCUREMENT,
NAVY
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 0 233,000
EQUIPMENT.
Earthquake damage [233,000]
recovery.
TOTAL PROCUREMENT, 233,000
NAVY.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
OTHER AIRCRAFT
055 RC-135............... 0 204,448
Equipment [204,448]
replacement.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 46,000
SUPPORT EQUIP.
Equipment [46,000]
replacement.
TOTAL AIRCRAFT 0 250,448
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 0 994
VEHICLES.
Equipment [994]
replacement.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 0 126
VEHICLES.
Equipment [126]
replacement.
SPECIAL PURPOSE
VEHICLES
007 SPECIAL PURPOSE 0 306
VEHICLES.
Equipment [306]
replacement.
FIRE FIGHTING
EQUIPMENT
009 MATERIALS HANDLING 0 276
VEHICLES.
Equipment [994]
replacement.
BASE MAINTENANCE
SUPPORT
011 BASE MAINTENANCE 0 2,400
SUPPORT VEHICLES.
Equipment [994]
replacement.
BASE SUPPORT
EQUIPMENT
[[Page 133 STAT. 2038]]
057 BASE PROCURED 0 49,434
EQUIPMENT.
Equipment [49,434]
replacement.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 0 29,438
Equipment [29,438]
replacement.
TOTAL OTHER 0 82,974
PROCUREMENT, AIR
FORCE.
TOTAL PROCUREMENT.... 0 566,422
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for emergency
requirements.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 297,976 307,976
.................................. Counter UAS University [5,000]
Research.
.................................. Cyber basic research.......... [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 65,858 75,858
.................................. Program increase.............. [10,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 95,164
CENTERS.
.................................. Program increase--artificial [5,000]
intelligence.
.................................. University and industry [4,000]
biotechnology research.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 454,980 483,980
..................................
.................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY.............. 26,961 31,961
.................................. Program increase--next [5,000]
generation air-breathing
propulsion technology.
011 0602142A ARMY APPLIED RESEARCH............. 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY...... 115,274 128,274
.................................. Expeditionary mobile base camp [5,000]
technology.
.................................. HEROES program................ [5,000]
.................................. UPL MDTF for INDOPACOM........ [3,000]
013 0602144A GROUND TECHNOLOGY................. 35,199 54,199
.................................. Advanced materials [2,000]
manufacturing process.
.................................. Biopolymer structural [2,000]
materials.
.................................. Cellulose structural materials [5,000]
.................................. High performance polymers [5,000]
research.
.................................. Manufacturing research [5,000]
technology.
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047
TECHNOLOGY.
.................................. Structural thermoplastics..... [6,000]
015 0602146A NETWORK C3I TECHNOLOGY............ 114,516 117,016
.................................. Next generation SAR small sat. [2,500]
016 0602147A LONG RANGE PRECISION FIRES 74,327 86,327
TECHNOLOGY.
.................................. Composite tube and propulsion [10,000]
technology.
.................................. Novel printed armament [2,000]
components.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 93,601 96,601
[[Page 133 STAT. 2039]]
.................................. 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.
[[Page 133 STAT. 2040]]
082 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 15,132 15,132
DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT..... 5,406 5,406
084 0603801A AVIATION--ADV DEV................. 459,290 534,890
.................................. Program increase: Future long- [75,600]
range assault aircraft.
085 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 6,254 6,254
ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV.......... 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT.............. 115,222 88,222
.................................. Early to need................. [-27,000]
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES.......... 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,745 35,745
SYSTEM (FTUAS).
.................................. Program adjustment............ [-5,000]
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 379,772
(LTAMD) SENSOR.
.................................. Rapid prototyping excess [-48,000]
funding.
094 0604115A TECHNOLOGY MATURATION INITIATIVES. 196,676 161,676
.................................. Insufficient schedule detail.. [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 33,100 29,400
(M-SHORAD).
.................................. Excess testing cost........... [-3,700]
097 0604119A ARMY ADVANCED COMPONENT 115,116 103,331
DEVELOPMENT & PROTOTYPING.
.................................. Early to need................. [-11,785]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761
REFINEMENT & PROTOTYPING.
.................................. Early to need (IVAS).......... [-25,000]
100 0604182A HYPERSONICS....................... 228,000 389,610
.................................. Transfer from RDTE Defense- [31,000]
Wide, line 124.
.................................. UPL accelerate Hypersonic [130,610]
Weapons System.
102 0604403A FUTURE INTERCEPTOR................ 8,000 0
.................................. Early to need................. [-8,000]
103 0604541A UNIFIED NETWORK TRANSPORT......... 39,600 29,700
.................................. Early to need................. [-9,900]
104 0604644A MOBILE MEDIUM RANGE MISSILE....... 20,000 10,000
.................................. Program decrease.............. [-10,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062
AND TIMING (PNT).
.................................. Project cancellation.......... [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.... 104,996 104,996
.................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,920,460
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS................. 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS.......... 106,121 106,121
114 0604604A MEDIUM TACTICAL VEHICLES.......... 2,152 2,152
115 0604611A JAVELIN........................... 17,897 16,055
.................................. Qualification testing early to [-1,842]
need.
116 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 16,745 16,745
117 0604633A AIR TRAFFIC CONTROL............... 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,465 2,965
.................................. Program reduction............. [-7,500]
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 293,964
(ASM)--ENG DEV.
.................................. Program delay................. [-16,188]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 181,732 166,732
[[Page 133 STAT. 2041]]
.................................. 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).
[[Page 133 STAT. 2042]]
.................................. Excess growth................. [-6,400]
157 0605047A CONTRACT WRITING SYSTEM........... 19,682 19,682
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,557 64,557
160 0605052A INDIRECT FIRE PROTECTION 243,228 236,428
CAPABILITY INC 2--BLOCK 1.
.................................. EMAM development ahead of need [-6,800]
161 0605053A GROUND ROBOTICS................... 41,308 28,508
.................................. Excess to requirement......... [-12,800]
162 0605054A EMERGING TECHNOLOGY INITIATIVES... 45,896 31,616
.................................. Testing and evaluation excess [-4,280]
growth.
.................................. Unjustified request........... [-10,000]
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 9,500 9,500
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 193,938
DEFENSE (AIAMD).
.................................. Testing and evaluation excess [-15,000]
growth.
167 0605625A MANNED GROUND VEHICLE............. 378,400 228,400
.................................. Program decrease.............. [-150,000]
168 0605766A NATIONAL CAPABILITIES INTEGRATION 7,835 7,835
(MIP).
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
.................................. Army requested realignment [4,500]
from OPA 7.
170 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,664 1,664
172 0303032A TROJAN--RH12...................... 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 19,675 19,675
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,189,390
DEMONSTRATION.
..................................
.................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,117 16,117
.................................. Cybersecurity threat [2,000]
simulation.
177 0604258A TARGET SYSTEMS DEVELOPMENT........ 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT.............. 136,565 136,565
179 0605103A RAND ARROYO CENTER................ 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL.............. 238,691 238,691
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 42,922 36,922
.................................. Program reduction............. [-6,000]
183 0605601A ARMY TEST RANGES AND FACILITIES... 334,468 334,468
184 0605602A ARMY TECHNICAL TEST 46,974 51,974
INSTRUMENTATION AND TARGETS.
.................................. Program increase--space and [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION............ 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS..... 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.... 52,723 52,723
191 0605716A ARMY EVALUATION CENTER............ 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES............ 58,175 58,175
194 0605803A TECHNICAL INFORMATION ACTIVITIES.. 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 44,458
EFFECTIVENESS AND SAFETY.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291
TECHNOLOGY.
[[Page 133 STAT. 2043]]
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,500 4,500
VULNERABILITIES.
.................................. SUBTOTAL RDT&E MANAGEMENT 1,286,625 1,287,625
SUPPORT.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 22,877 19,877
.................................. HIMARS excess growth.......... [-3,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES (LRPF). 164,182 164,182
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 168,371
PROGRAM.
.................................. Program reduction............. [-6,000]
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 0
PROGRAM.
.................................. Program reduction............. [-4,545]
214 0607139A IMPROVED TURBINE ENGINE PROGRAM... 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 21,130
IMPROVEMENT AND DEVELOPMENT.
.................................. Integrated munitions launcher [-3,091]
early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 32,016 25,516
PRODUCTS.
.................................. Program reduction............. [-6,500]
218 0607145A APACHE FUTURE DEVELOPMENT......... 5,448 448
.................................. Unjustified request........... [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS.............. 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT....... 96,430 63,630
.................................. Excess growth................. [-32,800]
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 290,545
PROGRAMS.
.................................. Early to need................. [-41,918]
.................................. Program support excess growth. [-2,000]
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 192,746
IMPROVEMENTS.
.................................. Program reduction............. [-21,500]
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 13,778
IMPROVEMENT PROGRAMS.
.................................. Excess to need................ [-2,708]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION...................... 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287
IMPROVEMENT PROGRAM.
234 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 732 732
OPERATIONAL SYSTEM DEV.
235 0205456A LOWER TIER AIR AND MISSILE DEFENSE 107,746 99,746
(AMD) SYSTEM.
.................................. Testing excess to need........ [-8,000]
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594
SYSTEM (GMLRS).
.................................. Testing excess to need........ [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 68,976 48,376
.................................. Program decrease.............. [-20,600]
241 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 2,073 2,073
SYSTEM.
[[Page 133 STAT. 2044]]
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.
[[Page 133 STAT. 2045]]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 154,755 154,755
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 153,062 153,062
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 73,961 73,961
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 936,453 1,006,953
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847
DEMONSTRATION (ATD).
.................................. Program increase--modular [5,000]
advanced armed robotic system.
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 231,907 231,907
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,138 65,138
.................................. Program increase.............. [5,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,303 150,330
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Electromagnetic railgun....... [10,000]
.................................. Funds excess to requirements.. [-7,973]
.................................. Program increase.............. [15,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 769,237
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 32,643 38,643
.................................. Program increase for 1 REMUS [6,000]
600 vehicle.
029 0603216N AVIATION SURVIVABILITY............ 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS.................. 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT........... 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 64,694 64,694
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 310,500
COUNTERMEASURES.
.................................. Reduce one LUSV............... [-86,500]
.................................. VLS concept design and LLTM [-110,000]
early to need.
035 0603506N SURFACE SHIP TORPEDO DEFENSE...... 15,800 7,242
.................................. Excess sundown costs.......... [-8,558]
036 0603512N CARRIER SYSTEMS DEVELOPMENT....... 4,997 4,997
037 0603525N PILOT FISH........................ 291,148 186,328
.................................. Program adjustment............ [-104,820]
038 0603527N RETRACT LARCH..................... 11,980 11,980
039 0603536N RETRACT JUNIPER................... 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL.............. 689 689
041 0603553N SURFACE ASW....................... 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 120,046
DEVELOPMENT.
.................................. Program decrease.............. [-19,000]
.................................. Project 9710: Unjustified new [-9,710]
start.
043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 11,192 11,192
044 0603563N SHIP CONCEPT ADVANCED DESIGN...... 81,846 57,846
[[Page 133 STAT. 2046]]
.................................. 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
[[Page 133 STAT. 2047]]
082 0604272N TACTICAL AIR DIRECTIONAL INFRARED 68,346 58,449
COUNTERMEASURES (TADIRCM).
.................................. Excess to need................ [-9,897]
084 0604289M NEXT GENERATION LOGISTICS......... 4,420 13,420
.................................. Additive manufacturing [9,000]
logistics software pilot.
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558
PROTOTYPE.
086 0604454N LX (R)............................ 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING..... 181,967 181,967
088 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,500 5,500
(C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 688,148
DEVELOPMENT PROGRAM.
.................................. Excess growth................. [-30,000]
090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 5,263 5,263
ARCHITECTURE/ENGINEERING SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657
AIRCRAFT SYSTEM.
.................................. KMAX Large Unmanned Logistics [18,500]
System USMC unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,159,880
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT............ 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV........... 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT............. 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM............ 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM........... 77,232 77,232
106 0604234N ADVANCED HAWKEYE.................. 232,752 232,752
107 0604245M H-1 UPGRADES...................... 65,359 65,359
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,013 47,013
110 0604262N V-22A............................. 185,105 190,105
.................................. Increase reliability and [5,000]
reduce vibrations of V-22
nacelles.
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,172 21,172
112 0604269N EA-18............................. 143,585 133,585
.................................. Unjustified cost growth....... [-10,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 116,811 109,651
.................................. Unjustified request........... [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ)...... 524,261 448,261
.................................. Underexecution................ [-76,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 192,345 190,845
(JTRS-NAVY).
.................................. Early to need................. [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 90,922
INCREMENT II.
.................................. Program reduction............. [-20,146]
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 413,684
ENGINEERING.
.................................. Aegis development support [-1,941]
studies and analysis early to
need.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)......... 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS..... 232,391 232,391
123 0604373N AIRBORNE MCM...................... 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS...... 34,554 34,554
[[Page 133 STAT. 2048]]
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 84,663 84,663
127 0604504N AIR CONTROL....................... 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 52,349
(AMDR) SYSTEM.
.................................. Engineering changes testing [-3,000]
and evaluation early to need.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 123,490 123,490
132 0604558N NEW DESIGN SSN.................... 121,010 221,010
.................................. Accelerate capability [100,000]
development.
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,426 62,426
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 46,809
T&E.
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,692 3,692
137 0604601N MINE DEVELOPMENT.................. 28,964 28,964
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 148,349 115,541
.................................. Excess to need................ [-32,808]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 22,000 22,000
SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 18,725 16,225
.................................. Excess to need................ [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 180,085
CONTROL).
.................................. Project 2178 prior year [-12,518]
carryover.
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 121,630
KILL).
.................................. Project 2070 excess test [-15,638]
assets.
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING.......... 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............... 8,181 8,181
148 0604777N NAVIGATION/ID SYSTEM.............. 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 1,494 1,494
154 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 384,162 268,364
.................................. Program decrease.............. [-36,000]
.................................. Unjustified growth over FY19 [-79,798]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 4,882 4,882
156 0605212M CH-53K RDTE....................... 516,955 516,955
158 0605215N MISSION PLANNING.................. 75,886 75,886
159 0605217N COMMON AVIONICS................... 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 4,909 19,909
.................................. Expand development and use of [15,000]
composite materials.
161 0605327N T-AO 205 CLASS.................... 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA)... 671,258 657,098
.................................. UMCS excess to need........... [-14,160]
163 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 18,393 18,393
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
.................................. Early to need................. [-2,201]
.................................. Excess growth................. [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000.......................... 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,130,663
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
[[Page 133 STAT. 2049]]
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
[[Page 133 STAT. 2050]]
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317
SYSTEMS.
.................................. Program delay................. [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 42,761
SUPPORT.
.................................. Airborne Power Generation Tech [5,000]
Development.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 5,476 5,476
234 0207161N TACTICAL AIM MISSILES............. 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 39,029
MISSILE (AMRAAM).
239 0303109N SATELLITE COMMUNICATIONS (SPACE).. 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913
(MIP) ACTIVITIES.
244 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,451 9,451
245 0305205N UAS INTEGRATION AND 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/SURFACE 22,042 22,042
SYSTEMS.
248 0305220N MQ-4C TRITON...................... 11,784 11,784
249 0305231N MQ-8 UAV.......................... 29,618 29,618
250 0305232M RQ-11 UAV......................... 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545
(STUASL0).
252 0305239M RQ-21A............................ 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION................ 202,346 185,446
.................................. IFC 5.0 concurrency........... [-16,900]
256 0308601N MODELING AND SIMULATION SUPPORT... 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)........ 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE).. 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............... 1,613,137 1,613,137
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 4,989,429
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -114,870
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 20,270,499 19,674,604
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 158,859 163,859
.................................. Program increase.............. [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 529,761 534,761
..................................
.................................. APPLIED RESEARCH
004 0602102F MATERIALS......................... 128,851 152,851
.................................. Advanced materials high energy [4,000]
x-ray.
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. Advanced thermal protection [5,000]
systems.
.................................. Program increase.............. [10,000]
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 147,724 147,724
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION.............. 198,775 208,775
[[Page 133 STAT. 2051]]
.................................. Educational partnership [5,000]
agreements for next generation
liquid propulsion.
.................................. Electrical power/thermal [5,000]
management systems.
008 0602204F AEROSPACE SENSORS................. 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 7,968 7,968
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES AND 181,562 199,562
METHODS.
.................................. Detection and countering of [5,000]
adversarial UAS.
.................................. Quantum Information Science [8,000]
Innovation Center.
.................................. Quantum science............... [5,000]
015 0602890F HIGH ENERGY LASER RESEARCH........ 44,221 44,221
016 1206601F SPACE TECHNOLOGY.................. 124,667 124,667
.................................. SUBTOTAL APPLIED RESEARCH...... 1,435,626 1,487,626
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586
SYSTEMS.
.................................. Metals affordability [5,000]
initiative.
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,249 16,249
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 102,949 202,949
.................................. Low cost attritable aircraft [100,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 128,973
TECHNOLOGY.
.................................. Advanced turbine engine gas [10,000]
generator.
.................................. Electrical power systems...... [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 48,408 48,408
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 70,525 73,525
.................................. Strategic radiation hardened [3,000]
microelectronic processors.
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY....... 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 43,116 66,116
.................................. Advanced materials and [7,000]
materials manufacturing.
.................................. Aerospace composites [10,000]
manufacturing.
.................................. Program increase.............. [6,000]
029 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,414 56,414
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 985,153
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,672 5,672
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT....... 878,442 878,442
038 0604015F LONG RANGE STRIKE--BOMBER......... 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING....... 10,000 20,000
.................................. High-value airborne asset [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING........... 576,000 576,000
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600
IMPROVEMENTS.
.................................. Program increase.............. [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,145 23,145
[[Page 133 STAT. 2052]]
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
[[Page 133 STAT. 2053]]
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 31,241 41,241
.................................. Program efficiency initiative. [10,000]
080 0604429F AIRBORNE ELECTRONIC ATTACK........ 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 28,043 28,043
082 0604604F SUBMUNITIONS...................... 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT.............. 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS.............. 8,624 8,624
085 0604735F COMBAT TRAINING RANGES............ 37,365 37,365
086 0604800F F-35--EMD......................... 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON........ 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION........... 161,199 161,199
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,000 30,000
093 0605221F KC-46............................. 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING........... 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER.......... 247,047 247,047
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION..... 27,564 27,564
100 0101213F MINUTEMAN SQUADRONS............... 1 1
101 0207171F F-15 EPAWSS....................... 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON............ 162,840 162,840
103 0207701F FULL COMBAT MISSION TRAINING...... 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B............................ 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS............ 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.... 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF)...... 462,875 452,875
.................................. Unjustified growth............ [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829
OPERATIONS.
.................................. GBOSS unjustified growth...... [-20,000]
112 1206421F COUNTERSPACE SYSTEMS.............. 29,037 29,037
113 1206422F WEATHER SYSTEM FOLLOW-ON.......... 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS SYSTEMS. 412,894 412,894
116 1206431F ADVANCED EHF MILSATCOM (SPACE).... 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)........... 427,400 401,400
.................................. Prior year carryover.......... [-26,000]
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).... 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR.............. 1,395,278 1,395,278
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 5,000
INTEGRATION.
.................................. Accelerate integration of [5,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,244 6,703,744
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT...... 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT.............. 181,663 219,663
.................................. Telemetry extension SATCOM [2,000]
relay.
.................................. UPL M-Code Acceleration....... [36,000]
125 0605101F RAND PROJECT AIR FORCE............ 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT....... 717,895 717,895
129 0605826F ACQ WORKFORCE- GLOBAL POWER....... 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 251,992 251,992
SYS.
131 0605828F ACQ WORKFORCE- GLOBAL REACH....... 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 160,196 160,196
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 220,255
INTEGRATION.
[[Page 133 STAT. 2054]]
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D................ 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E................ 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT SUPPORT 5,913 5,913
144 0804731F GENERAL SKILL TRAINING............ 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES.......... 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 19,942
DEVELOPMENT.
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 13,192
(SPACE).
151 1206864F SPACE TEST PROGRAM (STP).......... 26,097 26,097
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,916,571 2,954,571
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
152 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 35,611 33,611
(ABMS).
.................................. Program increase--sensor [8,000]
fusion and artificial
intelligence technology.
.................................. Unjustified request........... [-10,000]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584
TRAINING.
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2......................... 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 40,567
SYSTEM (AF-IPPS).
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E............. 17,218 17,218
162 0606018F NC3 INTEGRATION................... 25,917 25,917
164 0101113F B-52 SQUADRONS.................... 325,974 325,974
165 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 10,217 10,217
166 0101126F B-1B SQUADRONS.................... 1,000 1,000
167 0101127F B-2 SQUADRONS..................... 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............... 128,961 128,961
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177
COMMUNICATIONS.
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES............. 75,571 41,271
.................................. Program delay................. [-34,300]
174 0102110F UH-1N REPLACEMENT PROGRAM......... 170,975 170,975
176 0205219F MQ-9 UAV.......................... 154,996 127,296
.................................. Program reduction............. [-27,700]
178 0207131F A-10 SQUADRONS.................... 36,816 36,816
179 0207133F F-16 SQUADRONS.................... 193,013 193,013
180 0207134F F-15E SQUADRONS................... 336,079 319,829
.................................. Unjustified F-15C requirements [-16,250]
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,521 15,521
182 0207138F F-22A SQUADRONS................... 496,298 496,298
183 0207142F F-35 SQUADRONS.................... 99,943 99,943
184 0207161F TACTICAL AIM MISSILES............. 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384
MISSILE (AMRAAM).
[[Page 133 STAT. 2055]]
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.
[[Page 133 STAT. 2056]]
252 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,728 8,728
253 0305202F DRAGON U-2........................ 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 122,909 132,909
.................................. Program increase for Gorgon [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS..... 11,787 11,787
257 0305208F DISTRIBUTED COMMON GROUND/SURFACE 25,009 25,009
SYSTEMS.
258 0305220F RQ-4 UAV.......................... 191,733 191,733
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757
TARGETING.
260 0305238F NATO AGS.......................... 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE........ 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION........... 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,133 2,133
(PRC2).
265 0307577F INTELLIGENCE MISSION DATA (IMD)... 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON............ 140,425 101,425
.................................. Contract award savings........ [-39,000]
267 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF)................ 25,101 25,101
269 0401132F C-130J PROGRAM.................... 8,640 8,640
270 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,424 5,424
(LAIRCM).
272 0401219F KC-10S............................ 20 20
274 0401318F CV-22............................. 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)........ 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 539 539
281 0804743F OTHER FLIGHT TRAINING............. 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES........ 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION.......... 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 46,789 46,789
SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 988 988
ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS TERMINALS 197,388 177,388
(FAB-T).
.................................. FET schedule slip............. [-15,000]
.................................. Unjustified growth............ [-5,000]
294 1203110F SATELLITE CONTROL NETWORK (SPACE). 61,891 61,891
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION AND 43,292 43,292
RAPID TECHNOLOGY DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).... 10,837 10,837
301 1203265F GPS III SPACE SEGMENT............. 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.... 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM.............. 72,762 72,762
304 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS.. 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).... 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834
OPERATIONS.
[[Page 133 STAT. 2057]]
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES........ 138,870 99,070
.................................. Contract award delay.......... [-39,800]
311A 9999999999 CLASSIFIED PROGRAMS............... 18,351,506 18,229,506
.................................. Classified reduction.......... [-122,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,501,388
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -350,100
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 45,938,122 45,584,744
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES......... 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 48,874 68,874
.................................. DEPSCOR....................... [10,000]
.................................. Program increase.............. [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 54,122 54,122
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 92,074 102,074
.................................. Civics education grant program [2,000]
.................................. Submarine industrial base [8,000]
workforce training and
education.
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 46,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Aerospace research and [2,000]
education.
.................................. Program increase.............. [14,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 729,300 775,300
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY............. 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 55,400
ADVANCEMENT OF S&T PRIORITIES.
.................................. Computer modeling of PFAS..... [2,000]
.................................. Excess growth................. [-8,800]
013 0602303E INFORMATION & COMMUNICATIONS 442,556 437,556
TECHNOLOGY.
.................................. Unjustified growth............ [-5,000]
014 0602383E BIOLOGICAL WARFARE DEFENSE........ 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087
PROGRAM.
.................................. Program increase.............. [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH........... 15,118 25,118
.................................. Academic cyber institutes..... [10,000]
017 0602702E TACTICAL TECHNOLOGY............... 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY............ 332,192 326,192
.................................. Unjustified growth............ [-6,000]
020 0602718BR COUNTER WEAPONS OF MASS 179,096 174,096
DESTRUCTION APPLIED RESEARCH.
.................................. Unjustified growth............ [-5,000]
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 40,569 40,569
.................................. SUBTOTAL APPLIED RESEARCH...... 2,049,458 2,049,158
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 5,000 5,000
[[Page 133 STAT. 2058]]
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.
[[Page 133 STAT. 2059]]
.................................. Program increase to support [10,000]
NDS technologies.
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 25,000
NETWORK.
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 53,900
IMPROVEMENT.
.................................. Excess growth................. [-16,636]
066 0303310D8Z CWMD SYSTEMS...................... 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 20,000
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,673,462
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 42,695 42,695
SECURITY EQUIPMENT RDT&E ADC&P.
071 0603600D8Z WALKOFF........................... 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 68,572
CERTIFICATION PROGRAM.
.................................. ESTCP......................... [2,000]
074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 302,761 302,761
DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 1,237,606
MIDCOURSE DEFENSE SEGMENT.
.................................. Common booster engineering [-15,000]
early to need.
.................................. Homeland Defense Radar-Hawaii [-30,400]
delay.
.................................. RKV cancellation--on demand [-13,500]
communications.
.................................. RKV Program Termination-- [140,000]
Trasfer from RD,DW 109 for
SLEP program.
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 283,487 283,487
078 0603890C BMD ENABLING PROGRAMS............. 571,507 571,507
079 0603891C SPECIAL PROGRAMS--MDA............. 377,098 512,098
.................................. Classified unfunded priority.. [135,000]
080 0603892C AEGIS BMD......................... 727,479 699,479
.................................. Unjustified growth............ [-28,000]
081 0603896C BALLISTIC MISSILE DEFENSE COMMAND 564,206 562,706
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. IBCS integration delays....... [-1,500]
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH.................. 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX)...... 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.... 395,924 395,924
088 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 554,171 554,171
089 0603920D8Z HUMANITARIAN DEMINING............. 10,820 14,700
.................................. Program increase.............. [3,880]
090 0603923D8Z COALITION WARFARE................. 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION INITIATIVES. 303,458 269,458
.................................. Cancel Neutral Particle Beam.. [-34,000]
093 0604132D8Z MISSILE DEFEAT PROJECT............ 17,816 10,000
.................................. Unjustified budget request-- [-7,816]
program transitioned to
services.
095 0604181C HYPERSONIC DEFENSE................ 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,312,735 1,312,735
.................................. Hypervelocity Gun Weapon [80,000]
System.
.................................. Insufficient justification.... [-80,000]
097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 542,421 547,421
[[Page 133 STAT. 2060]]
.................................. 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
[[Page 133 STAT. 2061]]
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 17,615 17,615
131 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 15,653 15,653
132 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 2,378 2,378
AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION........ 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 27,944 27,944
FINANCIAL SYSTEM.
135 0605090S DEFENSE RETIRED AND ANNUITANT PAY 6,609 6,609
SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 175,032 175,032
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 4,373 4,373
MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT AND 841,588 800,588
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION.. 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,724 9,724
(DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 260,267
INVESTMENT DEVELOPMENT (CTEIP).
146 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 30,834 30,834
147 0605001E MISSION SUPPORT................... 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 89,091
CAPABILITY (JMETC).
.................................. Cyber range development....... [6,000]
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079
ANALYSIS.
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 37,140 37,140
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,759 4,759
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 8,307 8,307
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,568 3,568
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 16,875 19,875
.................................. National Science, Technology, [3,000]
and Security Roundtable with
Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 34,448 34,448
TESTING AND EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D................ 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194
ANALYSIS.
[[Page 133 STAT. 2062]]
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
[[Page 133 STAT. 2063]]
235 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,359 6,359
SYSTEMS.
238 0305208K DISTRIBUTED COMMON GROUND/SURFACE 2,981 2,981
SYSTEMS.
241 0305327V INSIDER THREAT.................... 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS.......... 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV.......................... 20,697 20,697
256 1160403BB AVIATION SYSTEMS.................. 245,795 262,995
.................................. Program increase--Future [8,800]
Vertical Lift.
.................................. UPL FVL realignment from RFCM. [8,400]
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS.......... 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................... 62,332 62,332
260 1160432BB SPECIAL PROGRAMS.................. 21,805 21,805
261 1160434BB UNMANNED ISR...................... 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES............. 11,150 11,150
263 1160483BB MARITIME SYSTEMS.................. 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM.................. 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............... 4,542,640 4,542,640
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,304,648
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... 46,250
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,772,953 24,971,825
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 221,200 221,200
..................................
.................................. TOTAL OPERATIONAL TEST & 221,200 221,200
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 103,395,545 102,309,846
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 0
RANGE AIR
DEFENSE (M-
SHORAD).
[[Page 133 STAT. 2064]]
................ Unjustified [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 2,000
DEFENSE (BUDGET
ACTIVITY 4).
................ SUBTOTAL 17,114 17,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770
COUNTERMEASURES
(CIRCM).
159 0605051A AIRCRAFT 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200
WARFARE
DEVELOPMENT.
................ SUBTOTAL SYSTEM 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
................
................ RDT&E MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL AND 1,875 1,875
HUMAN INTEL
MODERNIZATION.
................ SUBTOTAL RDT&E 1,875 1,875
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
238 0303028A SECURITY AND 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214
ENABLED
INTELLIGENCE.
................ SUBTOTAL 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 204,124 198,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400
TACTICAL
APPLICATIONS.
038 0603527N RETRACT LARCH... 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428
TECHNOLOGY.
................ SUBTOTAL 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122
DEFENSE (DETECT
& CONTROL).
................ SUBTOTAL SYSTEM 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
228 0206313M MARINE CORPS 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282
PROGRAMS.
................ SUBTOTAL 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885
CAPABILITIES
OFFICE.
................ SUBTOTAL 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
[[Page 133 STAT. 2065]]
................ 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.
[[Page 133 STAT. 2066]]
................ Earthquake [1,060]
damage
recovery.
................ TOTAL RESEARCH, 0 15,496
DEVELOPMENT,
TEST & EVAL, AF.
................
................ TOTAL RDT&E..... 0 144,496
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,735,922 1,398,674
Realignment to OCO........ [-260,548]
Unjustified growth........ [-76,700]
020 MODULAR SUPPORT BRIGADES...... 127,815 124,665
Unjustified growth........ [-3,150]
030 ECHELONS ABOVE BRIGADE........ 716,356 709,356
Unjustified growth........ [-7,000]
040 THEATER LEVEL ASSETS.......... 890,891 878,891
Unjustified growth........ [-12,000]
050 LAND FORCES OPERATIONS SUPPORT 1,232,477 1,222,977
Unjustified growth........ [-9,500]
060 AVIATION ASSETS............... 1,355,606 1,269,106
Excess to need............ [-86,500]
070 FORCE READINESS OPERATIONS 3,882,315 2,664,315
SUPPORT......................
Female personal protective [2,000]
equipment.................
Realignment to OCO........ [-1,100,000]
Unjustified growth........ [-120,000]
080 LAND FORCES SYSTEMS READINESS. 417,069 446,269
UPL MDTF INDOPACOM........ [29,200]
090 LAND FORCES DEPOT MAINTENANCE. 1,633,327 1,608,327
Unjustified growth........ [-25,000]
100 BASE OPERATIONS SUPPORT....... 8,047,933 8,002,933
Unjustified growth........ [-45,000]
110 FACILITIES SUSTAINMENT, 4,326,840 4,326,840
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 405,612 405,612
HEADQUARTERS.................
160 US AFRICA COMMAND............. 251,511 243,011
Unjustified growth........ [-8,500]
170 US EUROPEAN COMMAND........... 146,358 146,358
..............................
180 US SOUTHERN COMMAND........... 191,840 209,840
Multi-Mission Support [18,000]
Vessel....................
190 US FORCES KOREA............... 57,603 57,603
200 CYBERSPACE ACTIVITIES-- 423,156 423,156
CYBERSPACE OPERATIONS........
[[Page 133 STAT. 2067]]
210 CYBERSPACE ACTIVITIES-- 551,185 551,185
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 26,393,816 24,689,118
MOBILIZATION
220 STRATEGIC MOBILITY............ 380,577 380,577
230 ARMY PREPOSITIONED STOCKS..... 362,942 362,942
240 INDUSTRIAL PREPAREDNESS....... 4,637 5,637
Advanced Manufacturing COE [1,000]
Tech Roadmapping..........
SUBTOTAL MOBILIZATION..... 748,156 749,156
TRAINING AND RECRUITING
250 OFFICER ACQUISITION........... 157,175 157,175
260 RECRUIT TRAINING.............. 55,739 55,739
270 ONE STATION UNIT TRAINING..... 62,300 62,300
280 SENIOR RESERVE OFFICERS 538,357 538,357
TRAINING CORPS...............
290 SPECIALIZED SKILL TRAINING.... 969,813 969,813
300 FLIGHT TRAINING............... 1,234,049 1,234,049
310 PROFESSIONAL DEVELOPMENT 218,338 218,338
EDUCATION....................
320 TRAINING SUPPORT.............. 554,659 552,659
Excess travel request..... [-2,000]
330 RECRUITING AND ADVERTISING.... 716,056 706,056
Unjustified growth for [-10,000]
recruiting................
340 EXAMINING..................... 185,034 185,034
350 OFF-DUTY AND VOLUNTARY 214,275 214,275
EDUCATION....................
360 CIVILIAN EDUCATION AND 147,647 147,647
TRAINING.....................
370 JUNIOR RESERVE OFFICER 173,812 173,812
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,227,254 5,215,254
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 559,229 559,229
400 CENTRAL SUPPLY ACTIVITIES..... 929,944 928,944
Excess personnel.......... [-1,000]
410 LOGISTIC SUPPORT ACTIVITIES... 629,981 629,981
420 AMMUNITION MANAGEMENT......... 458,771 451,771
Unjustified growth........ [-7,000]
430 ADMINISTRATION................ 428,768 418,768
Unjustified growth........ [-10,000]
440 SERVICEWIDE COMMUNICATIONS.... 1,512,736 1,472,736
Program decrease [-40,000]
unaccounted for...........
450 MANPOWER MANAGEMENT........... 272,738 272,738
460 OTHER PERSONNEL SUPPORT....... 391,869 361,869
Unjustified growth........ [-30,000]
470 OTHER SERVICE SUPPORT......... 1,901,165 1,881,165
Unjustified headquarters [-20,000]
growth....................
480 ARMY CLAIMS ACTIVITIES........ 198,765 191,265
Historical underexecution. [-7,500]
490 REAL ESTATE MANAGEMENT........ 226,248 226,248
500 FINANCIAL MANAGEMENT AND AUDIT 315,489 292,489
READINESS....................
Program decrease [-23,000]
unaccounted for...........
510 INTERNATIONAL MILITARY 427,254 427,254
HEADQUARTERS.................
520 MISC. SUPPORT OF OTHER NATIONS 43,248 43,248
565 CLASSIFIED PROGRAMS........... 1,347,053 1,347,053
SUBTOTAL ADMIN & SRVWIDE 9,643,258 9,504,758
ACTIVITIES................
TOTAL OPERATION & 42,012,484 40,158,286
MAINTENANCE, ARMY........
[[Page 133 STAT. 2068]]
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
[[Page 133 STAT. 2069]]
Insufficient justification [-4,250]
100 BASE OPERATIONS SUPPORT....... 1,153,076 1,133,076
Insufficient justification [-20,000]
110 FACILITIES SUSTAINMENT, 1,113,475 1,113,475
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 1,001,042 987,042
HEADQUARTERS.................
Insufficient justification [-14,000]
130 CYBERSPACE ACTIVITIES-- 8,448 8,448
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 7,768 7,768
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,218,550 7,140,789
210 UNDISTRIBUTED................. -20,000
Overestimation of civilian [-20,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -20,000
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 9,890 9,890
160 ADMINISTRATION................ 71,070 71,070
170 SERVICEWIDE COMMUNICATIONS.... 68,213 62,213
Program decrease [-6,000]
unaccounted for...........
180 MANPOWER MANAGEMENT........... 8,628 8,628
190 OTHER PERSONNEL SUPPORT....... 250,376 250,376
200 REAL ESTATE MANAGEMENT........ 2,676 2,676
SUBTOTAL ADMIN & SRVWD 410,853 404,853
ACTIVITIES................
TOTAL OPERATION & 7,629,403 7,525,642
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 5,309,109 4,659,109
OPERATIONS...................
Projected underexecution.. [-50,000]
Realignment to OCO........ [-600,000]
020 FLEET AIR TRAINING............ 2,284,828 2,249,828
Projected underexecution.. [-35,000]
030 AVIATION TECHNICAL DATA & 59,299 59,299
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 155,896 155,896
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 719,107 719,107
060 AIRCRAFT DEPOT MAINTENANCE.... 1,154,181 1,154,181
070 AIRCRAFT DEPOT OPERATIONS 60,402 59,202
SUPPORT......................
Excess growth............. [-1,200]
080 AVIATION LOGISTICS............ 1,241,421 1,219,421
Projected underexecution.. [-22,000]
090 MISSION AND OTHER SHIP 4,097,262 3,547,262
OPERATIONS...................
Realignment to OCO........ [-450,000]
Unjustified growth........ [-100,000]
100 SHIP OPERATIONS SUPPORT & 1,031,792 1,029,792
TRAINING.....................
Excess civilian growth.... [-2,000]
110 SHIP DEPOT MAINTENANCE........ 8,061,298 8,714,298
Program increase.......... [653,000]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,073,641 2,066,141
Insufficient justification [-7,500]
130 COMBAT COMMUNICATIONS AND 1,378,856 1,364,856
ELECTRONIC WARFARE...........
Unjustified growth........ [-14,000]
140 SPACE SYSTEMS AND SURVEILLANCE 276,245 273,745
Unjustified growth........ [-2,500]
[[Page 133 STAT. 2070]]
150 WARFARE TACTICS............... 675,209 675,209
160 OPERATIONAL METEOROLOGY AND 389,516 389,516
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 1,536,310 1,126,310
Realignment to OCO........ [-400,000]
Unjustified growth........ [-10,000]
180 EQUIPMENT MAINTENANCE AND 161,579 161,579
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 59,521 59,521
OPERATIONS...................
200 COMBATANT COMMANDERS DIRECT 93,978 98,978
MISSION SUPPORT..............
Posture site assessments [5,000]
INDOPACOM.................
210 MILITARY INFORMATION SUPPORT 8,641 8,641
OPERATIONS...................
220 CYBERSPACE ACTIVITIES......... 496,385 496,385
230 FLEET BALLISTIC MISSILE....... 1,423,339 1,423,339
240 WEAPONS MAINTENANCE........... 924,069 895,032
Insufficient justification [-29,037]
250 OTHER WEAPON SYSTEMS SUPPORT.. 540,210 540,210
260 ENTERPRISE INFORMATION........ 1,131,627 1,111,627
Unjustified growth........ [-20,000]
270 SUSTAINMENT, RESTORATION AND 3,029,634 3,029,634
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 4,414,943 4,414,943
SUBTOTAL OPERATING FORCES. 42,788,298 41,703,061
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 942,902 942,902
300 READY RESERVE FORCE........... 352,044 352,044
310 SHIP ACTIVATIONS/INACTIVATIONS 427,555 427,555
320 EXPEDITIONARY HEALTH SERVICES 137,597 137,597
SYSTEMS......................
330 COAST GUARD SUPPORT........... 24,604 24,604
SUBTOTAL MOBILIZATION..... 1,884,702 1,884,702
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 150,765 150,765
350 RECRUIT TRAINING.............. 11,584 11,584
360 RESERVE OFFICERS TRAINING 159,133 159,133
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 911,316 891,316
Insufficient justification [-20,000]
380 PROFESSIONAL DEVELOPMENT 185,211 186,261
EDUCATION....................
Program increase: Sea [1,050]
Cadets....................
390 TRAINING SUPPORT.............. 267,224 267,224
400 RECRUITING AND ADVERTISING.... 209,252 204,252
Insufficient justification [-5,000]
410 OFF-DUTY AND VOLUNTARY 88,902 88,902
EDUCATION....................
420 CIVILIAN EDUCATION AND 67,492 67,492
TRAINING.....................
430 JUNIOR ROTC................... 55,164 55,164
SUBTOTAL TRAINING AND 2,106,043 2,082,093
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,143,358 1,103,358
Unjustified growth........ [-40,000]
450 CIVILIAN MANPOWER AND 178,342 175,342
PERSONNEL MANAGEMENT.........
Excess civilian growth.... [-3,000]
460 MILITARY MANPOWER AND 418,413 418,413
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 157,465 157,465
[[Page 133 STAT. 2071]]
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...................
[[Page 133 STAT. 2072]]
Unjustified growth........ [-25,000]
020 INTERMEDIATE MAINTENANCE...... 8,767 8,767
030 AIRCRAFT DEPOT MAINTENANCE.... 108,236 108,236
040 AIRCRAFT DEPOT OPERATIONS 463 463
SUPPORT......................
050 AVIATION LOGISTICS............ 26,014 26,014
060 SHIP OPERATIONS SUPPORT & 583 583
TRAINING.....................
070 COMBAT COMMUNICATIONS......... 17,883 17,883
080 COMBAT SUPPORT FORCES......... 128,079 128,079
090 CYBERSPACE ACTIVITIES......... 356 356
100 ENTERPRISE INFORMATION........ 26,133 26,133
110 SUSTAINMENT, RESTORATION AND 35,397 35,397
MODERNIZATION................
120 BASE OPERATING SUPPORT........ 101,376 101,376
SUBTOTAL OPERATING FORCES. 1,107,507 1,082,507
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,888 1,888
140 MILITARY MANPOWER AND 12,778 12,778
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 2,943 2,943
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 17,609 17,609
ACTIVITIES................
TOTAL OPERATION & 1,125,116 1,100,116
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 106,484 106,484
020 DEPOT MAINTENANCE............. 18,429 18,429
030 SUSTAINMENT, RESTORATION AND 47,516 47,516
MODERNIZATION................
040 BASE OPERATING SUPPORT........ 106,073 106,073
SUBTOTAL OPERATING FORCES. 278,502 278,502
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................ 13,574 13,574
SUBTOTAL ADMIN & SRVWD 13,574 13,574
ACTIVITIES................
TOTAL OPERATION & 292,076 292,076
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 729,127 729,127
020 COMBAT ENHANCEMENT FORCES..... 1,318,770 918,770
Realignment to OCO........ [-400,000]
030 AIR OPERATIONS TRAINING (OJT, 1,486,790 1,446,790
MAINTAIN SKILLS).............
Unjustified growth........ [-40,000]
040 DEPOT PURCHASE EQUIPMENT 3,334,792 3,299,792
MAINTENANCE..................
Unjustified growth........ [-35,000]
050 FACILITIES SUSTAINMENT, 4,142,435 4,142,435
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 228,811 228,811
070 CONTRACTOR LOGISTICS SUPPORT 8,329,364 8,347,364
AND SYSTEM SUPPORT...........
Expansion of Conditions [18,000]
Based Maintenance Plus
(CBM+)....................
080 FLYING HOUR PROGRAM........... 4,048,773 3,418,773
[[Page 133 STAT. 2073]]
Realignment to OCO........ [-550,000]
Unjustified growth........ [-80,000]
090 BASE OPERATIONS SUPPORT....... 7,223,982 6,933,982
Insufficient justification [-90,000]
Realignment to OCO........ [-200,000]
100 GLOBAL C3I AND EARLY WARNING.. 964,553 964,553
110 OTHER COMBAT OPS SPT PROGRAMS. 1,032,307 1,026,161
Unjustified growth........ [-6,146]
120 CYBERSPACE ACTIVITIES......... 670,076 670,076
140 LAUNCH FACILITIES............. 179,980 179,980
150 SPACE CONTROL SYSTEMS......... 467,990 464,390
Insufficient justification [-3,600]
160 US NORTHCOM/NORAD............. 184,655 184,655
170 US STRATCOM................... 478,357 478,357
180 US CYBERCOM................... 323,121 347,921
Accelerate development of [1,500]
Cyber National Mission
Force capabilities........
Cyber National Mission [5,300]
Force mobile & modular
hunt forward kit..........
ETERNALDARKNESS........... [18,000]
190 US CENTCOM.................... 160,989 160,989
200 US SOCOM...................... 6,225 6,225
210 US TRANSCOM................... 544 544
220 CENTCOM CYBERSPACE SUSTAINMENT 2,073 2,073
230 USSPACECOM.................... 70,588 70,588
235 CLASSIFIED PROGRAMS........... 1,322,944 1,316,694
Unjustified increase...... [-6,250]
SUBTOTAL OPERATING FORCES. 36,707,246 35,339,050
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,158,142 1,158,142
250 MOBILIZATION PREPAREDNESS..... 138,672 130,172
Unjustified growth........ [-8,500]
SUBTOTAL MOBILIZATION..... 1,296,814 1,288,314
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 130,835 130,835
270 RECRUIT TRAINING.............. 26,021 26,021
280 RESERVE OFFICERS TRAINING 121,391 121,391
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 454,539 414,539
Unjustified growth........ [-40,000]
300 FLIGHT TRAINING............... 600,565 600,565
310 PROFESSIONAL DEVELOPMENT 282,788 282,788
EDUCATION....................
320 TRAINING SUPPORT.............. 123,988 113,988
Unjustified growth........ [-10,000]
330 RECRUITING AND ADVERTISING.... 167,731 162,731
Unjustified growth........ [-5,000]
340 EXAMINING..................... 4,576 4,576
350 OFF-DUTY AND VOLUNTARY 211,911 211,911
EDUCATION....................
360 CIVILIAN EDUCATION AND 219,021 219,021
TRAINING.....................
370 JUNIOR ROTC................... 62,092 62,092
SUBTOTAL TRAINING AND 2,405,458 2,350,458
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 664,926 664,926
390 TECHNICAL SUPPORT ACTIVITIES.. 101,483 101,483
400 ADMINISTRATION................ 892,480 892,480
410 SERVICEWIDE COMMUNICATIONS.... 152,532 122,532
[[Page 133 STAT. 2074]]
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..
[[Page 133 STAT. 2075]]
050 CONTRACTOR LOGISTICS SUPPORT 1,299,089 1,299,089
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 911,775 911,775
070 CYBERSPACE SUSTAINMENT........ 24,742 24,742
080 CYBERSPACE ACTIVITIES......... 25,507 25,507
SUBTOTAL OPERATING FORCES. 6,639,658 6,599,658
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
UNDISTRIBUTED
090 ADMINISTRATION................ 47,215 47,215
100 RECRUITING AND ADVERTISING.... 40,356 40,356
SUBTOTAL ADMINISTRATION 87,571 87,571
AND SERVICE-WIDE
ACTIVITIES................
110 UNDISTRIBUTED................. -30,000
Maintain program [-30,000]
affordability:
Overestimation of civilian
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -30,000
TOTAL OPERATION & 6,727,229 6,657,229
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 409,542 392,542
Program decrease [-12,000]
unaccounted for...........
Remove one-time fiscal [-5,000]
year 2019 costs...........
020 JOINT CHIEFS OF STAFF--CE2T2.. 579,179 579,179
030 JOINT CHIEFS OF STAFF--CYBER.. 24,598 24,598
040 SPECIAL OPERATIONS COMMAND 1,075,762 1,070,262
COMBAT DEVELOPMENT ACTIVITIES
Classified adjustment..... [-5,500]
050 SPECIAL OPERATIONS COMMAND 14,409 14,409
CYBERSPACE ACTIVITIES........
060 SPECIAL OPERATIONS COMMAND 501,747 486,953
INTELLIGENCE.................
DCGS--SOF - excess to need [-5,794]
Program decrease--SOCRATES [-9,000]
070 SPECIAL OPERATIONS COMMAND 559,300 544,300
MAINTENANCE..................
Projected underexecution.. [-15,000]
080 SPECIAL OPERATIONS COMMAND 177,928 177,928
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
090 SPECIAL OPERATIONS COMMAND 925,262 899,762
OPERATIONAL SUPPORT..........
Base support [-5,900]
underexecution............
Operational support [-9,600]
underexecution............
Unjustified growth--C4IAS [-10,000]
Saas......................
100 SPECIAL OPERATIONS COMMAND 2,764,738 2,250,038
THEATER FORCES...............
Program decrease.......... [-14,700]
Realignment to OCO........ [-500,000]
SUBTOTAL OPERATING FORCES. 7,032,465 6,439,971
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 180,250 180,250
130 JOINT CHIEFS OF STAFF......... 100,610 100,610
140 PROFESSIONAL DEVELOPMENT 33,967 33,967
EDUCATION....................
[[Page 133 STAT. 2076]]
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.............
[[Page 133 STAT. 2077]]
Military aviation safety [3,000]
commission................
Readiness and [25,000]
Environmental Protection
Initiative increase.......
470 OFFICE OF THE SECRETARY OF 48,783 48,783
DEFENSE--CYBER...............
480 SPACE DEVELOPMENT AGENCY...... 44,750 34,750
Insufficient justification [-10,000]
500 WASHINGTON HEADQUARTERS 324,001 296,201
SERVICES.....................
Insufficient justification [-27,800]
505 CLASSIFIED PROGRAMS........... 15,816,598 15,757,457
Classified adjustment..... [-24,004]
Realignment to DISA for [-35,137]
Sharkseer.................
SUBTOTAL ADMIN & SRVWIDE 30,132,549 30,167,875
ACTIVITIES................
TOTAL OPERATION AND 37,479,841 36,922,673
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & -557,168
MAINTENANCE, DEFENSE-WIDE
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 14,771 14,771
ARMED FORCES, DEFENSE........
SUBTOTAL ADMINISTRATION 14,771 14,771
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 14,771 14,771
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 400,000 400,000
SUBTOTAL ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 108,600 117,663
DISASTER AND CIVIC AID.......
Increase for foreign [6,822]
disaster relief...........
Increase for humanitarian [2,241]
mine action program.......
SUBTOTAL HUMANITARIAN 108,600 117,663
ASSISTANCE................
TOTAL OVERSEAS 108,600 117,663
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION.. 338,700 358,700
[[Page 133 STAT. 2078]]
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 133 STAT. 2079]]
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....
[[Page 133 STAT. 2080]]
OPERATION & MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS................ 45,896 45,896
020 MODULAR SUPPORT BRIGADES...... 180 180
030 ECHELONS ABOVE BRIGADE........ 2,982 2,982
040 THEATER LEVEL ASSETS.......... 548 548
060 AVIATION ASSETS............... 9,229 9,229
070 FORCE READINESS OPERATIONS 1,584 1,584
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 22,063 22,063
120 MANAGEMENT AND OPERATIONAL 606 606
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 83,088 83,088
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 203 203
SUBTOTAL ADMIN & SRVWD 203 203
ACTIVITIES................
TOTAL OPERATION & 83,291 83,291
MAINTENANCE, ARNG........
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
090 SUSTAINMENT................... 1,313,047 1,313,047
100 INFRASTRUCTURE................ 37,152 37,152
110 EQUIPMENT AND TRANSPORTATION.. 120,868 120,868
120 TRAINING AND OPERATIONS....... 118,591 118,591
SUBTOTAL AFGHAN NATIONAL 1,589,658 1,589,658
ARMY......................
AFGHAN NATIONAL POLICE
130 SUSTAINMENT................... 422,806 422,806
140 INFRASTRUCTURE................ 2,358 2,358
150 EQUIPMENT AND TRANSPORTATION.. 127,081 127,081
160 TRAINING AND OPERATIONS....... 108,112 108,112
SUBTOTAL AFGHAN NATIONAL 660,357 660,357
POLICE....................
AFGHAN AIR FORCE
170 SUSTAINMENT................... 893,829 893,829
180 INFRASTRUCTURE................ 8,611 8,611
190 EQUIPMENT AND TRANSPORTATION.. 566,967 566,967
200 TRAINING AND OPERATIONS....... 356,108 356,108
SUBTOTAL AFGHAN AIR FORCE. 1,825,515 1,825,515
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT................... 437,909 437,909
220 INFRASTRUCTURE................ 21,131 21,131
230 EQUIPMENT AND TRANSPORTATION.. 153,806 153,806
240 TRAINING AND OPERATIONS....... 115,602 115,602
SUBTOTAL AFGHAN SPECIAL 728,448 728,448
SECURITY FORCES...........
UNDISTRIBUTED
245 UNDISTRIBUTED................. -300,000
Unjustified request....... [-300,000]
SUBTOTAL UNDISTRIBUTED.... -300,000
TOTAL AFGHANISTAN 4,803,978 4,503,978
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
[[Page 133 STAT. 2081]]
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.........
[[Page 133 STAT. 2082]]
490 SERVICEWIDE TRANSPORTATION.... 70,683 70,683
520 ACQUISITION, LOGISTICS, AND 11,130 11,130
OVERSIGHT....................
530 INVESTIGATIVE AND SECURITY 1,559 1,559
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 17,754 17,754
SUBTOTAL ADMIN & SRVWD 117,254 117,254
ACTIVITIES................
TOTAL OPERATION & 6,561,650 8,011,650
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 714,653 914,653
Realignment from base..... [200,000]
020 FIELD LOGISTICS............... 232,508 432,508
Realignment from base..... [200,000]
030 DEPOT MAINTENANCE............. 54,101 54,101
050 CYBERSPACE ACTIVITIES......... 2,000 2,000
070 BASE OPERATING SUPPORT........ 24,570 24,570
SUBTOTAL OPERATING FORCES. 1,027,832 1,427,832
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 30,459 30,459
SUBTOTAL TRAINING AND 30,459 30,459
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
225 CLASSIFIED PROGRAMS........... 5,100 5,100
SUBTOTAL ADMIN & SRVWD 66,500 66,500
ACTIVITIES................
TOTAL OPERATION & 1,124,791 1,524,791
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 510 510
030 AIRCRAFT DEPOT MAINTENANCE.... 11,628 11,628
080 COMBAT SUPPORT FORCES......... 10,898 10,898
SUBTOTAL OPERATING FORCES. 23,036 23,036
TOTAL OPERATION & 23,036 23,036
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES. 8,707 8,707
TOTAL OPERATION & 8,707 8,707
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 163,632 163,632
020 COMBAT ENHANCEMENT FORCES..... 1,049,170 1,449,170
Realignment from base..... [400,000]
030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 408,699 408,699
MAINTENANCE..................
[[Page 133 STAT. 2083]]
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,061 10,061
070 CONTRACTOR LOGISTICS SUPPORT 953,594 953,594
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,495,266 3,045,266
Realignment from base..... [550,000]
090 BASE OPERATIONS SUPPORT....... 1,538,120 1,738,120
Realignment from base..... [200,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,863 13,863
110 OTHER COMBAT OPS SPT PROGRAMS. 272,020 272,020
120 CYBERSPACE ACTIVITIES......... 17,657 17,657
130 TACTICAL INTEL AND OTHER 36,098 36,098
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 391 391
150 SPACE CONTROL SYSTEMS......... 39,990 39,990
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 926 926
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 163,015 163,015
200 US SOCOM...................... 19,000 19,000
SUBTOTAL OPERATING FORCES. 7,476,488 8,626,488
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS..... 109,682 109,682
SUBTOTAL MOBILIZATION..... 1,381,121 1,381,121
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 26,802 26,802
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,717 30,717
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,608 11,608
400 ADMINISTRATION................ 4,814 4,814
410 SERVICEWIDE COMMUNICATIONS.... 145,204 145,204
420 OTHER SERVICEWIDE ACTIVITIES.. 98,841 98,841
460 INTERNATIONAL SUPPORT......... 29,890 29,890
465 CLASSIFIED PROGRAMS........... 52,995 52,995
SUBTOTAL ADMIN & SRVWD 508,053 508,053
ACTIVITIES................
TOTAL OPERATION & 9,396,379 10,546,379
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,188 24,188
MAINTENANCE..................
060 BASE SUPPORT.................. 5,570 5,570
SUBTOTAL OPERATING FORCES. 29,758 29,758
TOTAL OPERATION & 29,758 29,758
MAINTENANCE, AF RESERVE..
[[Page 133 STAT. 2084]]
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
[[Page 133 STAT. 2085]]
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 300,000
INITIATIVE...................
Program increase.......... [50,000]
Transfer of funds from [250,000]
Defense Security
Cooperation Agency........
SUBTOTAL UKRAINE SECURITY 300,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 300,000
ASSISTANCE...............
TOTAL OPERATION & 50,432,141 54,968,189
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
270 SUSTAINMENT, RESTORATION AND 0 462,000
MODERNIZATION.................
Earthquake damage repair... [370,000]
Navy Working Capital Fund [92,000]
earthquake recovery losses.
280 BASE OPERATING SUPPORT......... 0 9,000
Earthquake damage recovery. [9,000]
TOTAL OPERATION & MAINTENANCE, 0 471,000
NAVY..........................
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
060 SUSTAINMENT, RESTORATION & 0 6,000
MODERNIZATION.................
Earthquake damage repair... [6,000]
TOTAL OPERATION & MAINTENANCE, 0 6,000
MARINE CORPS..................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 0 58,900
RESTORATION & MODERNIZATION...
Hurricane recovery......... [58,900]
TOTAL OPERATION & MAINTENANCE, 0 58,900
ANG...........................
TOTAL OPERATION & MAINTENANCE.. 0 535,900
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
[[Page 133 STAT. 2086]]
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 143,476,503 142,676,503
Historical unobligated balances....... [-800,000]
Medicare-Eligible Retiree Health Fund 7,816,815 7,816,815
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 4,485,808 4,485,808
Total, Military Personnel 4,485,808 4,485,808
Appropriations.....................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS................. 57,467 57,467
SUPPLY MANAGEMENT--ARMY............... 32,130 32,130
TOTAL WORKING CAPITAL FUND, ARMY.... 89,597 89,597
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 92,499 92,499
TOTAL WORKING CAPITAL FUND, AIR 92,499 92,499
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF.......... 49,085 49,085
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,085 49,085
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA............ 995,030 995,030
TOTAL WORKING CAPITAL FUND, DECA.... 995,030 995,030
WCF, DEF COUNTERINTELLIGENCE &
SECURITY AGENCY
DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000
SECURITY AGENCY......................
TOTAL WCF, DEF COUNTERINTELLIGENCE & 200,000 200,000
SECURITY AGENCY....................
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 107,351 107,351
RDT&E................................. 875,930 875,930
[[Page 133 STAT. 2087]]
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
------------------------------------------------------------------------
[[Page 133 STAT. 2088]]
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY............... 20,100 20,100
TOTAL WORKING CAPITAL FUND, ARMY.... 20,100 20,100
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 163,596 163,596
TOTAL DRUG INTERDICTION & CTR-DRUG 163,596 163,596
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 24,254 24,254
TOTAL OFFICE OF THE INSPECTOR 24,254 24,254
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 57,459 57,459
PRIVATE SECTOR CARE................... 287,487 287,487
CONSOLIDATED HEALTH SUPPORT........... 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM........ 347,746 347,746
TOTAL OTHER AUTHORIZATIONS.......... 555,696 555,696
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alabama
Army Redstone Arsenal Aircraft and Flight 38,000 38,000
Equipment Building.
Colorado
Army Fort Carson Company Operations Facility 71,000 71,000
Georgia
Army Fort Gordon Cyber Instructional Fac 107,000 67,000
(Admin/Command).
Army Hunter Army Airfield Aircraft Maintenance Hangar 62,000 62,000
Hawaii
Army Fort Shafter Command and Control 60,000 60,000
Facility, Incr 5.
Honduras
Army Soto Cano Air Base Aircraft Maintenance Hangar 34,000 34,000
Kentucky
Army Fort Campbell Automated Infantry Platoon 7,100 7,100
Battle Course.
Army Fort Campbell Easements.................. 3,200 3,200
Army Fort Campbell General Purpose Maintenance 51,000 51,000
Shop.
Kwajalein
Army Kwajalein Atoll Air Traffic Control Tower 0 40,000
and Terminal.
Massachusetts
[[Page 133 STAT. 2089]]
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
[[Page 133 STAT. 2090]]
Navy Naval Air Weapons Runway & Taxiway Extension. 64,500 64,500
Station China Lake
Navy Naval Air Weapons Unspecified Military 0 0
Station China Lake Construction--Earthquake
Damage Recovery.
Navy Naval Base Coronado Aircraft Paint Complex..... 0 79,000
Navy Naval Base Coronado Navy V-22 Hangar........... 86,830 86,830
Navy Naval Base San Diego Pier 8 Replacement (Inc)... 59,353 59,353
Navy Naval Base San Diego PMO Facility Repair........ 0 9,900
Navy Naval Weapons Station Ammunition Pier............ 95,310 60,310
Seal Beach
Navy Naval Weapons Station Missile Magazine........... 0 28,000
Seal Beach
Navy Travis Air Force Base Alert Force Complex........ 64,000 64,000
Connecticut
Navy Naval Submarine Base SSN Berthing Pier 32....... 72,260 72,260
New London
District of Columbia
Navy Naval Observatory Master Time Clocks & 75,600 20,000
Operations Fac (Inc).
Florida
Navy Blount Island Police Station and EOC 0 18,700
Facility.
Navy Naval Air Station Targeting & Surveillance 32,420 32,420
Jacksonville Syst Prod Supp Fac.
Guam
Navy Joint Region Marianas Bachelor Enlisted Quarters 164,100 34,100
H.
Navy Joint Region Marianas EOD Compound Facilities.... 61,900 61,900
Navy Joint Region Marianas Machine Gun Range (Inc).... 91,287 91,287
Hawaii
Navy Marine Corps Air Bachelor Enlisted Quarters. 13,4050 65,490
Station Kaneohe Bay
Navy Naval Ammunition Depot Magazine Consolidation, 53,790 53,790
West Loch Phase 1.
Italy
Navy Naval Air Station Communications Station..... 77,400 0
Sigonella
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3).... 17,4692 100,000
Yokosuka
Navy Marine Corps Air VTOL Pad--South............ 15,870 15,870
Station Iwakuni
Maryland
Navy Saint Inigoes Air Traffic Control Tower.. 0 15,000
North Carolina
Navy Camp Lejeune 10th Marines Himars Complex 35,110 35,110
Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130
Center Replacement.
Navy Camp Lejeune 2nd Radio BN Complex, Phase 25,650 25,650
2 (Inc).
Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570
Facility Upgrades.
Navy Camp Lejeune II MEF Operations Center 12,2200 92,200
Replacement.
[[Page 133 STAT. 2091]]
Navy Marine Corps Air Aircraft Maintenance Hangar 73,970 73,970
Station Cherry Point (Inc).
Navy Marine Corps Air ATC Tower & Airfield 61,340 61,340
Station Cherry Point Operations.
Navy Marine Corps Air F-35 Training and Simulator 53,230 53,230
Station Cherry Point Facility.
Navy Marine Corps Air Flightline Utility 51,860 51,860
Station Cherry Point Modernization (Inc).
Navy Marine Corps Air CH-53K Cargo Loading 11,320 11,320
Station New River Trainer.
Pennsylvania
Navy Philadelphia Machinery Control 0 74,630
Development Center.
South Carolina
Navy Parris Island Range Improvements & 0 37,200
Modernization Phase 3.
Utah
Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520
Storage Fac (Inc).
Virginia
Navy Marine Corps Base Wargaming Center........... 143,350 33,350
Quantico
Navy Naval Station Norfolk Mariner Skills Training 79,100 79,100
Center.
Navy Naval Station Norfolk MH-60 & CMV-22B Corrison 0 60,000
Control and Paint Facility.
Navy Portsmouth Naval Dry Dock Flood Protection 48,930 48,930
Shipyard Improvements.
Navy Yorktown Naval Weapons NMC Ordnance Facilities 0 59,000
Station Recapitalization Phase 1.
Washington
Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010
Modernization.
Navy Keyport Undersea Vehicle 25,050 25,050
Maintenance Facility.
Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000
to-Complete.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Centers.. 0 62,400
Locations
Navy Unspecified Worldwide Planning and Design........ 167,715 167,715
Locations
Navy Unspecified Worldwide Unspecified Minor 81,237 81,237
Locations Construction.
........................
Military Construction, Navy Total 2,805,743 2,774,961
......................
Alaska
AF Eielson Air Force Base F-35 AME Storage Facility.. 8,600 8,600
Arkansas
AF Little Rock Air Force C-130H/J Fuselage Trainer 47,000 47,000
Base Facility.
AF Little Rock Air Force Dormitory Cost-to-Complete. 0 7,000
Base
Australia
AF Tindal APR--RAAF Tindal/Earth 11,600 11,600
Covered Magazine.
AF Tindal APR-RAAF Tindal/Bulk 59,000 59,000
Storage Tanks.
California
[[Page 133 STAT. 2092]]
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
[[Page 133 STAT. 2093]]
AF Joint Base San Antonio AFPC B-Wing................ 0 36,000
AF Joint Base San Antonio Aquatics Tank.............. 69,000 69,000
AF Joint Base San Antonio BMT Recruit Dormitory 8.... 110,000 110,000
AF Joint Base San Antonio T-X ADAL Ground Based Trng 9,300 9,300
Sys (GBTS) Sim.
AF Joint Base San Antonio T-X MX Trng Sys 19,000 19,000
Centrailized Trng Fac.
United Kingdom
AF Royal Air Force F-35A PGM Facility......... 14,300 14,300
Lakenheath
Utah
AF Hill Air Force Base GBSD Mission Integration 108,000 33,000
Facility.
AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500
Missile Storage Fac.
Washington
AF Fairchild Air Force Consolidated TFI Base 31,000 31,000
Base Operations.
AF Fairchild Air Force SERE Pipeline Dormitory 0 4,800
Base Cost-to-Complete.
Worldwide Unspecified
AF Unspecified Worldwide Child Development Centers.. 0 31,500
Locations
AF Various Worldwide Planning and Design........ 142,148 142,148
Locations
AF Various Worldwide Unspecified Minor 79,682 79,682
Locations Construction.
Wyoming
AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100
Base AMU and Alert Fac.
........................
Military Construction, Air Force Total 2,179,230 1,723,579
......................
California
Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700
Replacement.
Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700
Clinic Replacement.
Def-Wide Mountain View--63 RSC Install Microgrid 0 9,700
Controller, 750 Kw PV, and
750 Kwh Battery Storage.
Def-Wide Naval Air Weapons Energy Storage System...... 0 8,950
Station China Lake
Def-Wide NSA Monterey Cogeneration Plant at B236. 0 10,540
CONUS Classified
Def-Wide Classified Location Battalion Complex, Ph 3.... 82,200 82,200
Florida
Def-Wide Eglin Air Froce Base SOF Combined Squadron Ops 16,500 16,500
Facility.
Def-Wide Hurlburt Field SOF AMU & Weapons Hangar... 72,923 72,923
Def-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513
Operations Facility.
Def-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950
Facility.
Def-Wide Naval Air Station Key SOF Watercraft Maintenance 16,000 16,000
West Facility.
Germany
Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479
Dental Clinic.
Def-Wide Ramstein Landstuhl Elementary School 0 66,800
Guam
[[Page 133 STAT. 2094]]
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
[[Page 133 STAT. 2095]]
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.
[[Page 133 STAT. 2096]]
Def-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950
Locations Construction.
Def-Wide Various Worldwide Planning and Design........ 52,532 52,532
Locations
Def-Wide Various Worldwide Planning and Design........ 63,382 63,382
Locations
Def-Wide Various Worldwide Planning and Design........ 27,000 27,000
Locations
Def-Wide Various Worldwide Planning and Design: 0 30,000
Locations Military Installation
Resiliency.
Def-Wide Various Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Def-Wide Various Worldwide Unspecified Minor 16,736 16,736
Locations Construction.
........................
Military Construction, Defense-Wide Total 2,504,190 2,267,595
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 144,040 144,040
Investment Program Program.
........................
NATO Security Investment Program Total 144,040 144,040
......................
Alabama
Army NG Anniston Army Depot Enlisted Transient Barracks 0 34,000
Army NG Foley National Guard Readiness 12,000 12,000
Center.
California
Army NG Camp Roberts Automated Multipurpose 12,000 12,000
Machine Gun Range.
Idaho
Army NG Orchard Combat Railroad Tracks............ 29,000 29,000
Training Center
Maryland
Army NG Havre de Grace Combined Support 12,000 12,000
Maintenance Shop.
Massachusetts
Army NG Camp Edwards Automated Multipurpose 9,700 9,700
Machine Gun Range.
Minnesota
Army NG New Ulm National Guard Vehicle 11,200 11,200
Maintenance Shop.
Mississippi
Army NG Camp Shelby Automated Multipurpose 8,100 8,100
Machine Gun Range.
Missouri
Army NG Springfield National Guard Readiness 12,000 12,000
Center.
Nebraska
Army NG Bellevue National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Concord National Guard Readiness 5,950 5,950
Center.
New York
Army NG Jamaica Armory National Guard Readiness 0 91,000
Center.
Pennsylvania
Army NG Moon Township Combined Support 23,000 23,000
Maintenance Shop.
Vermont
Army NG Jericho General Instruction 0 30,000
Builiding.
Washington
Army NG Richland National Guard Readiness 11,400 11,400
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 20,469 20,469
Locations
[[Page 133 STAT. 2097]]
Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction.
........................
Military Construction, Army National Guard Total 210,819 365,819
......................
Delaware
Army Res Newark Army Reserve Center/BMA.... 21,000 21,000
Wisconsin
Army Res Fort McCoy Transient Training Barracks 25,000 25,000
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 6,000 6,000
Locations
Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928
Locations Construction.
........................
Military Construction, Army Reserve Total 60,928 60,928
......................
Louisiana
N/MC Res New Orleans Entry Control Facility 25,260 25,260
Upgrades.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design........ 4,780 4,780
Locations
N/MC Res Unspecified Worldwide Unspecified Minor 24,915 24,915
Locations Construction.
........................
Military Construction, Naval Reserve Total 54,955 54,955
......................
California
Air NG Moffett Air National Fuels/Corrosion Control 0 57,000
Guard Base Hanger and Shops.
Georgia
Air NG Savannah/Hilton Head Consolidated Joint Air 24,000 24,000
IAP Dominance Hangar/Shops.
Missouri
Air NG Rosecrans Memorial C-130 Flight Simulator 9,500 9,500
Airport Facility.
Puerto Rico
Air NG Luis Munoz-Marin IAP Communications Facility.... 12,500 12,500
Air NG Luis Munoz-Marin IAP Maintenance Hangar......... 37,500 36,000
Wisconsin
Air NG Truax Field F-35 Simulator Facility.... 14,000 14,000
Air NG Truax Field Fighter Alert Shelters..... 20,000 20,000
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 31,471 31,471
Locations Construction.
Air NG Various Worldwide Planning and Design........ 17,000 17,000
Locations
........................
Military Construction, Air National Guard Total 165,971 221,471
......................
Georgia
AF Res Robins Air Force Base Consolidated Misssion 43,000 43,000
Complex Phase 3.
Maryland
[[Page 133 STAT. 2098]]
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
[[Page 133 STAT. 2099]]
FH Con Navy Unspecified Worldwide Planning & Design.......... 3,863 3,863
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning and 2,000 2,000
Locations Design.
........................
Family Housing Construction, Navy And Marine Corps Total 47,661 47,661
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 19,009 19,009
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 21,975 81,575
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 64,126 64,126
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 82,611 137,344
Locations
FH Ops Navy Unspecified Worldwide Management................. 50,122 50,122
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 151 151
Locations
FH Ops Navy Unspecified Worldwide Services................... 16,647 16,647
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 63,229 63,229
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 317,870 432,203
......................
Germany
FH Con AF Spangdahlem Air Base Construct Deficit Military 53,584 53,584
Family Housing.
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 46,638 46,638
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 3,409 3,409
Locations
........................
Family Housing Construction, Air Force Total 103,631 103,631
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 30,283 30,283
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 22,593 53,793
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 15,768 15,768
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 117,704 172,437
Locations
[[Page 133 STAT. 2100]]
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
[[Page 133 STAT. 2101]]
BRAC Unspecified Worldwide Base Realignment & Closure. 158,349 216,349
Locations
........................
Base Realignment and Closure--Navy Total 158,349 216,349
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Dod BRAC Activities--Air 54,066 82,066
Locations Force.
........................
Base Realignment and Closure--Air Force Total 54,066 82,066
......................
Prior Year Savings
PYS Prior Year Savings Prior Year Savings......... 0 -64685
........................
Prior Year Savings Total 0 -64,685
......................
Total, Military Construction 11,241,653 10,925,739
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay, Cuba
Army Guantanamo Bay Naval Station OCO: Communications 22,000 22,000
Facility.
Army Guantanamo Bay Naval Station OCO: Detention Legal 11,800 11,800
Office and Comms Ctr.
Army Guantanamo Bay Naval Station OCO: High Value Detention 88,500 0
Facility.
Worldwide Unspecified
Army Unspecified Worldwide Locations EDI/OCO Planning and 19,498 19,498
Design.
Army Unspecified Worldwide Locations EDI: Bulk Fuel Storage.... 36,000 36,000
Army Unspecified Worldwide Locations EDI: Information Systems 6,200 6,200
Facility.
Army Unspecified Worldwide Locations EDI: Minor Construction... 5,220 5,220
Army Unspecified Worldwide Locations Unspecified Worldwide 9,200,000 0
Construction.
Army Various Worldwide Locations EDI: Various Worldwide 0 36,212
Locations Europe.
Military Construction, Army Total 9,389,218 136,930
Bahrain
Navy SW Asia Electrical System Upgrade. 0 53,360
Italy
Navy Sigonella Communications Station.... 0 77,400
Spain
Navy Rota EDI: In-Transit Munitions 9,960 9,960
Facility.
Navy Rota EDI: Joint Mobility Center 46,840 46,840
Navy Rota EDI: Small Craft Berthing 12,770 12,770
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning and Design....... 25,000 25,000
Navy Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
[[Page 133 STAT. 2102]]
Military Construction, Navy Total 94,570 261,541
Iceland
AF Keflavik EDI: Airfield Upgrades-- 18,000 18,000
Dangerous Cargo Pad.
AF Keflavik EDI: Beddown Site Prep.... 7,000 7,000
AF Keflavik EDI: Expand Parking Apron. 32,000 32,000
Jordan
AF Azraq Air Traffic Control Tower. 0 24,000
AF Azraq Munitions Storage Area.... 0 42,000
Spain
AF Moron EDI: Hot Cargo Pad........ 8,500 8,500
Worldwide Unspecified
AF Unspecified Planning & Design......... 0 60,000
AF Unspecified Worldwide Locations EDI: ECAOS DABS/FEV EMEDS 107,000 107,000
Storage.
AF Unspecified Worldwide Locations EDI: Hot Cargo Pad........ 29,000 29,000
AF Unspecified Worldwide Locations EDI: Munitions Storage 39,000 39,000
Area.
AF Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
AF Various Worldwide Locations EDI: P&D.................. 61,438 61,438
AF Various Worldwide Locations EDI: UMMC................. 12,800 12,800
Military Construction, Air Force Total 314,738 476,949
Germany
Def-Wide Gemersheim EDI: Logistics 46,000 46,000
Distribution Center Annex.
Military Construction,Defense-Wide Total 46,000 46,000
Total, Military Construction 9,844,526 921,420
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS.
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
California
Navy Naval Air Weapons Station China Planning and Design....... 0 89,320
Lake
Navy Naval Air Weapons Station China Hanger 3 Replacement, 0 514,600
Lake Apron, Taxiway &
Utilities for RDT&E.
Navy Naval Air Weapons Station China Aircraft Parking Apron in 0 50,800
Lake Support of Hanger 2
Replacement.
Navy Naval Air Weapons Station China Michelson Mission Systems 0 202,340
Lake Intergration Laboratory.
Navy Naval Air Weapons Station China Magazines & Inert Storage 0 138,930
Lake Facility.
Navy Naval Air Weapons Station China Air Operations Facility & 0 70,900
Lake Air Traffic Control Tower.
Navy Naval Air Weapons Station China Community Support 0 85,790
Lake Facilities.
North Carolina
Navy Camp Lejeune Courthouse Bay Fire 0 21,336
Station Replacement.
Navy Camp Lejeune Hadnot Point Fire Station 0 21,931
Replacement.
Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023
Replacement.
Navy Camp Lejeune II MEF Simulation/Training 0 74,487
Center Replacement.
[[Page 133 STAT. 2103]]
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.
[[Page 133 STAT. 2104]]
AF Tyndall Air Force Base Small Arms Range.......... 0 26,000
AF Tyndall Air Force Base Special Purpose Vehicle 0 20,000
Maintenance.
AF Tyndall Air Force Base Tyndall AFB Gate Complexes 0 75,000
AF Tyndall Air Force Base Weapons Load Training 0 25,000
Hangar.
Nebraska
AF Offutt Air Force Base Emergency Power Microgrid. 0 43,000
AF Offutt Air Force Base Flightline Hangars Campus. 0 10,000
AF Offutt Air Force Base Lake Campus............... 0 6,000
AF Offutt Air Force Base Logistics Readiness 0 18,500
Squadron Campus.
AF Offutt Air Force Base Security Campus........... 0 63,000
Virginia
AF Joint Base Langley-Eustis Dormitory................. 0 31,000
.................................
Military Construction, Air Force Total 0 1,671,700
...............................
North Carolina
Def-Wide Camp Lejeune Ambulatory Care Center 0 17,821
(Camp Geiger).
Def-Wide Camp Lejeune Ambulatory Care Center 0 27,492
(Camp Johnson).
Def-Wide Camp Lejeune MARSOC ITC Team Facility 0 30,000
Replacement.
.................................
Military Construction, Defense-Wide Total 0 75,313
...............................
Louisiana
Army NG Pineville National Guard Readiness 0 16,500
Center.
Nebraska
Army NG Ashland Training Site, Various 0 35,000
Facilities.
Army NG Ashland Flood Control Levee/ 0 8,500
Floodwall.
.................................
Military Construction, Army National Guard Total 0 60,000
...............................
Total, Military Construction 0 4,119,813
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 12,408,603 12,444,780
Defense nuclear nonproliferation.. 1,993,302 2,020,814
[[Page 133 STAT. 2105]]
Naval reactors.................... 1,648,396 1,633,396
Federal salaries and expenses..... 434,699 434,699
Total, National nuclear security 16,485,000 16,533,689
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,506,501 5,527,732
Other defense activities.......... 1,035,339 885,839
Defense nuclear waste disposal.... 26,000 0
Total, Environmental & other defense 6,567,840 6,413,571
activities.........................
Total, Atomic Energy Defense 23,052,840 22,947,260
Activities...........................
Total, Discretionary Funding.............. 23,190,648 23,085,068
Nuclear Energy
Idaho sitewide safeguards and security.. 137,808 137,808
Total, Nuclear Energy..................... 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program....... 792,611 792,611
W76-2 Modification program.......... 10,000 10,000
W88 Alt 370......................... 304,186 304,186
W80-4 Life extension program........ 898,551 898,551
W87-1 Modification Program (formerly 112,011 112,011
IW1)...............................
Total, Life extension programs and 2,117,359 2,117,359
major alterations....................
Stockpile systems
B61 Stockpile systems............... 71,232 71,232
W76 Stockpile systems............... 89,804 89,804
W78 Stockpile systems............... 81,299 81,299
W80 Stockpile systems............... 85,811 85,811
B83 Stockpile systems............... 51,543 51,543
W87 Stockpile systems............... 98,262 98,262
W88 Stockpile systems............... 157,815 157,815
Total, Stockpile systems.............. 635,766 635,766
Weapons dismantlement and disposition
Operations and maintenance.......... 47,500 47,500
Program increase
Stockpile services
Production support.................. 543,964 543,964
Research and development support.... 39,339 39,339
R&D certification and safety........ 236,235 236,235
Management, technology, and 305,000 305,000
production.........................
Total, Stockpile services............. 1,124,538 1,124,538
Strategic materials
Uranium sustainment................. 94,146 94,146
Plutonium sustainment............... 712,440 712,440
Tritium sustainment................. 269,000 269,000
Lithium sustainment................. 28,800 28,800
Domestic uranium enrichment......... 140,000 140,000
Strategic materials sustainment..... 256,808 256,808
Total, Strategic materials............ 1,501,194 1,501,194
Total, Directed stockpile work.......... 5,426,357 5,426,357
Research, development, test and
evaluation (RDT&E)
[[Page 133 STAT. 2106]]
Science
Advanced certification.............. 57,710 57,710
Primary assessment technologies..... 95,169 95,169
Dynamic materials properties........ 133,800 133,800
Advanced radiography................ 32,544 32,544
Secondary assessment technologies... 77,553 77,553
Academic alliances and partnerships. 44,625 44,625
Enhanced Capabilities for 145,160 145,160
Subcritical Experiments............
Total, Science........................ 586,561 586,561
Engineering
Enhanced surety..................... 46,500 46,500
Delivery Environments (formerly 35,945 35,945
Weapons Systems Engineering
Assessment Technology).............
Nuclear survivability............... 53,932 53,932
Enhanced surveillance............... 57,747 57,747
Stockpile Responsiveness............ 39,830 80,630
Program expansion................. [40,800]
Total, Engineering ................... 233,954 274,754
Inertial confinement fusion ignition
and high yield
Ignition and Other Stockpile 55,649 55,649
Programs...........................
Diagnostics, cryogenics and 66,128 66,128
experimental support...............
Pulsed power inertial confinement 8,571 8,571
fusion.............................
Joint program in high energy density 12,000 12,000
laboratory plasmas.................
Facility operations and target 338,247 343,247
production.........................
Program increase.................. [5,000]
Total, Inertial confinement fusion and 480,595 485,595
high yield...........................
Advanced simulation and computing
Advanced simulation and computing... 789,849 789,849
Construction:
18-D-620, Exascale Computing 50,000 50,000
Facility Modernization Project,
LLNL.............................
Total, Construction................. 50,000 50,000
Total, Advanced simulation and 839,849 839,849
computing............................
Advanced manufacturing
Additive manufacturing.............. 18,500 18,500
Component manufacturing development. 48,410 52,000
UFR list--technology maturation... [3,590]
Process technology development...... 69,998 69,998
Total, Advanced manufacturing......... 136,908 140,498
Total, RDT&E............................ 2,277,867 2,327,257
Infrastructure and operations
Operations of facilities.............. 905,000 905,000
Safety and environmental operations... 119,000 119,000
Maintenance and repair of facilities.. 456,000 456,000
Recapitalization:
Infrastructure and safety........... 447,657 447,657
Capability based investments........ 135,341 135,341
Total, Recapitalization............... 582,998 582,998
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS...........
18-D-690, Lithium Processing 32,000 32,000
Facility, Y-12 (formerly Lithium
Production Capability, Y-12).......
[[Page 133 STAT. 2107]]
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
[[Page 133 STAT. 2108]]
Nuclear counterterrorism and incident 372,095 372,095
response program.......................
DPRK phased denuclearization long-term 0
monitoring and verification............
Total, Defense Nuclear Nonproliferation... 1,993,302 2,020,814
Naval Reactors
Naval reactors development.............. 531,205 516,205
Unjustified growth.................... [-15,000]
Columbia-Class reactor systems 75,500 75,500
development............................
S8G Prototype refueling................. 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure.........................
Construction:
20-D-931, KL Fuel Development 23,700 23,700
Laboratory...........................
19-D-930, KS Overhead Piping.......... 20,900 20,900
14-D-901 Spent fuel handling 238,000 238,000
recapitalization project, NRF........
Total, Construction..................... 282,600 282,600
Program direction....................... 50,500 50,500
Total, Naval Reactors..................... 1,648,396 1,633,396
Federal Salaries And Expenses
Program direction....................... 434,699 434,699
Total, Office Of The Administrator........ 434,699 434,699
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations...........................
Central plateau remediation........... 472,949 522,949
Program increase.................... [50,000]
Richland community and regulatory 5,121 5,121
support..............................
Construction:
18-D-404 WESF Modifications and 11,000 11,000
Capsule Storage....................
Total, Construction................... 11,000 11,000
Total, Hanford site..................... 628,820 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning........................
Rad liquid tank waste stabilization 677,460 705,460
and disposition......................
Program increase.................... [28,000]
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant--LBL/Direct
feed LAW...........................
01-D-16 D, High-level waste facility 30,000 25,000
Program decrease.................. [-5,000]
01-D-16 E--Pretreatment Facility.... 20,000 15,000
Program decrease.................. [-5,000]
Total, Construction................... 690,000 680,000
ORP Low-level waste offsite disposal.. 10,000 10,000
Total, Office of River Protection....... 1,392,460 1,410,460
Idaho National Laboratory:
[[Page 133 STAT. 2109]]
Idaho cleanup and waste disposition... 331,354 331,354
Idaho community and regulatory support 3,500 3,500
Total, Idaho National Laboratory........ 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,727 1,727
LLNL Excess facilities D&D............ 128,000 55,000
Program decrease.................... [-73,000]
Nuclear facility D & D
Separations Process Research Unit... 15,300 15,300
Nevada.............................. 60,737 60,737
Sandia National Laboratories........ 2,652 2,652
Los Alamos National Laboratory...... 195,462 195,462
Total, NNSA sites and Nevada off-sites.. 403,878 330,878
Oak Ridge Reservation:
OR Nuclear facility D & D............. 93,693 93,693
Total, OR Nuclear facility D & D...... 93,693 93,693
U233 Disposition Program.............. 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition.......... 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 10,000
facility.........................
Program decrease................ [-5,269]
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility...............
Total, Construction................. 64,269 59,000
Total, OR cleanup and waste 146,269 141,000
disposition..........................
OR community & regulatory support..... 4,819 4,819
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 292,781 287,512
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 490,613 515,613
operations.........................
Construction:
18-D-402, Emergency Operations 6,792 6,792
Center...........................
Total, risk management operations..... 497,405 522,405
SR community and regulatory support... 4,749 11,249
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition......
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC).....
20-D-401 Saltstone Disposal Unit 500 500
#10, 11, 12......................
19-D-701 SR Security sytem 0
replacement......................
18-D-402 Saltstone Disposal Unit 51,750 51,750
#8/9.............................
17-D-402 Saltstone Disposal Unit 40,034 40,034
#7...............................
05-D-405 Salt waste processing 20,988 20,988
facility, Savannah River Site....
Total, Construction................. 163,272 163,272
Total, Savannah River site.............. 1,463,132 1,494,632
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 299,088 299,088
[[Page 133 STAT. 2110]]
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
------------------------------------------------------------------------
[[Page 133 STAT. 2111]]
DIVISION E-- <<NOTE: Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020.>> 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 133 STAT. 2112]]
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.
[[Page 133 STAT. 2113]]
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.
[[Page 133 STAT. 2114]]
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.
[[Page 133 STAT. 2115]]
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. <<NOTE: 50 USC 3003 note.>> 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.
[[Page 133 STAT. 2116]]
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by
law.
Sec. 5303. Expansion of scope of protections for identities of covert
agents.
Sec. 5304. Required counterintelligence assessments, briefings,
notifications, and reports.
Sec. 5305. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Subtitle B--Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter
foreign influence operations.
Sec. 5324. Transfer of National Intelligence University to the Office of
the Director of National Intelligence.
Subtitle C--Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
Sec. 5334. Oversight by Inspector General of the Intelligence Community
over intelligence community whistleblower matters.
Sec. 5335. Report on cleared whistleblower attorneys.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
Sec. 5401. Improving visibility into the security clearance process.
Sec. 5402. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 5501. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
Sec. 5502. Assessment of legitimate and illegitimate financial and other
assets of Vladimir Putin.
Sec. 5503. Assessments of intentions of political leadership of the
Russian Federation.
Subtitle B--Matters Relating to China
Sec. 5511. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.
Sec. 5512. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of China.
Sec. 5513. Report on efforts by People's Republic of China to influence
election in Taiwan.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
Sec. 5701. Modification of requirements for submission to Congress of
certain reports.
[[Page 133 STAT. 2117]]
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.
[[Page 133 STAT. 2118]]
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) <<NOTE: President.>> 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.
[[Page 133 STAT. 2119]]
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. <<NOTE: 50 USC 3371.>> REQUIRED COUNTERINTELLIGENCE
ASSESSMENTS, BRIEFINGS, NOTIFICATIONS,
AND REPORTS.
(a) Foreign Counterintelligence and Cybersecurity Threats to Federal
Election Campaigns.--
(1) Reports required.--
(A) <<NOTE: Coordination. Public information. Web
posting.>> 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) <<NOTE: Summary.>> A summary of best
practices that campaigns of candidates for Federal
office can employ in seeking to counter such
threats.
[[Page 133 STAT. 2120]]
(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) <<NOTE: Determination.>> Treatment of campaigns subject
to heightened threats.--If the Director of the Federal Bureau of
Investigation and the Under Secretary of Homeland Security for
Intelligence and Analysis jointly determine that a campaign of a
candidate for Federal office is subject to a heightened foreign
counterintelligence or cybersecurity threat, the Director and
the Under Secretary, consistent with the protection of sources
and methods, may make available additional information to the
appropriate representatives of such campaign.
(b) Briefings on Counterintelligence Activities of the Federal
Bureau of Investigation.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.), is amended by adding at the end
the following new section:
``SEC. 512. <<NOTE: 50 USC 3111.>> 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 <<NOTE: Update.>> 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.
[[Page 133 STAT. 2121]]
``(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) <<NOTE: Updates. Deadline.>> 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) <<NOTE: Deadline. Consultation.>> 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.
[[Page 133 STAT. 2122]]
(B) The persons involved.
(C) The foreign government or governments that
authorized, directed, sponsored, or supported the act.
(3) <<NOTE: Deadline. Public information.>> 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) <<NOTE: Applicability.>> 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. <<NOTE: 50 USC 3334.>> INTELLIGENCE COMMUNITY PUBLIC-
PRIVATE TALENT EXCHANGE.
(a) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 2123]]
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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certification.>> 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
[[Page 133 STAT. 2124]]
duties and functions of such employees are not, as a
result of and during the course of such temporary
detail, performed or augmented by contractor personnel
in violation of the provisions of section 2461 of title
10, United States Code.
(g) Terms and Conditions for Private-Sector Employees.--An employee
of a private-sector organization who is detailed to an element of the
intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is detailed
and shall not receive pay or benefits from the element, except
as provided in paragraph (2);
(2) is deemed to be an employee of the element for the
purposes of--
(A) chapters 73 and 81 of title 5, United States
Code;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18, United States
Code;
(C) sections 1343, 1344, and 1349(b) of title 31,
United States Code;
(D) chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act'') and
any other Federal tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing by the
head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to
an employee performing the same functions and duties proposed
for performance by the private-sector employee; and
(6) in the case of an element of the intelligence community
in the Department of Defense, may not be used to circumvent the
provisions of section 2461 of title 10, United States Code.
(h) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge an element of
the intelligence community or any other agency of the Federal
Government, as direct costs under a Federal contract, the costs of pay
or benefits paid by the organization to an employee detailed to an
element of the intelligence community under this section for the period
of the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out this
section, the Director, pursuant to procedures developed under subsection
(a)--
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law,
establish criteria for elements of the intelligence community to
use appropriated funds to reimburse small business concerns for
the salaries and benefits of its employees during the periods
when the small business concern agrees to detail its employees
to the intelligence community under this section;
[[Page 133 STAT. 2125]]
(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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 2126]]
(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. <<NOTE: 50 USC 3060.>> CLIMATE SECURITY ADVISORY
COUNCIL.
``(a) <<NOTE: Analysis.>> 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) <<NOTE: Coordination.>> 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.--
[[Page 133 STAT. 2127]]
``(1) <<NOTE: Appointments.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Summaries.>> prepare summaries of the
business conducted at each meeting.
``(2) <<NOTE: Assessment. Determination. Analysis.>> 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.
[[Page 133 STAT. 2128]]
``(3) <<NOTE: Assessment.>> To assess and identify best
practices with respect to prior efforts of the intelligence
community to analyze climate security.
``(4) <<NOTE: Assessment.>> To assess and describe best
practices for identifying and disseminating climate security
indicators and warnings.
``(5) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Data. Procedures.>> 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) <<NOTE: Assessment.>> To assess whether the elements
of the intelligence community that conduct analysis of climate
change or climate security may inform the research direction of
academic work and the sponsored work of the United States
Government.
``(9) At the discretion of the chair of the Council, to
convene conferences of analysts and nonintelligence community
personnel working on climate change or climate security on
subjects that the chair shall direct.
``(d) Sunset.--The Council shall terminate on the date that is 4
years after the date of the enactment of this section.
``(e) Definitions.--In this section:
``(1) Climate security.--The term `climate security' means
the effects of climate change on the following:
``(A) The national security of the United States,
including national security infrastructure.
``(B) Subnational, national, and regional political
stability.
``(C) The security of allies and partners of the
United States.
``(D) Ongoing or potential political violence,
including unrest, rioting, guerrilla warfare,
insurgency, terrorism, rebellion, revolution, civil war,
and interstate war.
``(2) Climate intelligence indications and warnings.--The
term `climate intelligence indications and warnings' means
developments relating to climate security with the potential
to--
``(A) imminently and substantially alter the
political stability or degree of human security in a
country or region; or
``(B) imminently and substantially threaten--
``(i) the national security of the United
States;
[[Page 133 STAT. 2129]]
``(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) <<NOTE: Deadline. 50 USC 3060 note.>> 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. <<NOTE: 50 USC 3059.>> 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.
[[Page 133 STAT. 2130]]
``(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) <<NOTE: Recommenda- tions. Determinations.>>
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. <<NOTE: 50 USC 3369.>> 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
[[Page 133 STAT. 2131]]
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
[[Page 133 STAT. 2132]]
on a sustained and regular basis to share and analyze data and
indicators relevant to foreign information warfare operations
within and across their platforms in order to detect and counter
foreign information warfare operations that threaten the
national security of the United States and its allies and
partners;
(2) information from law enforcement and the intelligence
community is also important in assisting efforts by these social
media companies to identify foreign information warfare
operations;
(3) these analytic efforts should be organized in such a
fashion as to meet the highest standards of ethics,
confidentiality, and privacy protection of the people of the
United States, while still allowing timely research access to
relevant data;
(4) these analytic efforts should be undertaken as soon as
possible to facilitate countering ongoing state or state-backed
foreign information warfare operations and to aid in
preparations for the United States Presidential and
congressional elections in 2020 and beyond;
(5) the structure and operations of social media companies
make them well positioned to work with independent organizations
and researchers to address foreign adversary threat networks
within and across their platforms, and these efforts could be
conducted without direct Government involvement, direction, or
regulation; and
(6) if the social media industry fails to take sufficient
action to address foreign adversary threat networks operating
within or across their platforms, Congress would have to
consider additional safeguards for ensuring that this threat is
effectively mitigated.
(c) Authority to Facilitate Establishment of Social Media Data and
Threat Analysis Center.--
(1) <<NOTE: Coordination. Grants. Contracts.>> 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) <<NOTE: Analysis.>> 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.
[[Page 133 STAT. 2133]]
(D) <<NOTE: Determination. Public
information. Criteria.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Public information. Criteria.>>
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) <<NOTE: Public information. Standards.>>
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) <<NOTE: Public information. Criteria.>>
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) <<NOTE: Data standards.>> 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
[[Page 133 STAT. 2134]]
(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) <<NOTE: Assessments.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessments.>> 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. <<NOTE: 50 USC 3334a.>> TRANSFER OF NATIONAL
INTELLIGENCE UNIVERSITY TO THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) <<NOTE: Determination.>> 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.--
[[Page 133 STAT. 2135]]
(1) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Estimates.>> The estimated
dates of completion for the fulfillment of such
conditions and the submission of the
certifications.
(c) <<NOTE: Deadline.>> 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;
[[Page 133 STAT. 2136]]
(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) <<NOTE: Deadline.>> Requirement.--Not later than 90
days after the date of the enactment of this Act, the Secretary
of Defense and the Director of National Intelligence shall
jointly submit to the appropriate congressional committees an
estimate of--
(A) the annual costs of operating the National
Intelligence University; and
(B) the costs to the Federal Government of
transferring the National Intelligence University to the
Director of National Intelligence.
(2) Inclusion of indirect costs.--The estimate submitted
under paragraph (1) shall include all indirect costs, including
with respect to human resources, security, facilities, and
information technology.
(e) Degree-granting Authority.--
(1) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Reports.>> submit to such committees a
report containing an explanation of any such action.
(2) <<NOTE: Effective date. Reports.>> 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.
[[Page 133 STAT. 2137]]
(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 <<NOTE: 10 USC 2161 prec.>> is
amended by striking the item relating to such section 2161.
(2) <<NOTE: 10 USC 2161 note.>> 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). <<NOTE: Notification.>> 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) <<NOTE: 50 USC 3334a.>> 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. <<NOTE: 50 USC 3033 note.>> 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. <<NOTE: 50 USC 3236.>> 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
[[Page 133 STAT. 2138]]
``(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) <<NOTE: Notification.>>
notify the congressional intelligence
committees of such selection.
[[Page 133 STAT. 2139]]
``(3) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> inform the
panel and the Director of National Intelligence of
what action the head has taken with respect to the
recommendation.
``(B) <<NOTE: Notification.>> 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) <<NOTE: Determination. Recommenda- tions.>>
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
[[Page 133 STAT. 2140]]
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) <<NOTE: Deadline. Consultation.>> In general.--Not
later than 180 days after the date of the enactment of this Act,
the Inspector General of the Intelligence Community, in
consultation with the Intelligence Community Inspectors General
Forum, shall submit to the congressional intelligence committees
a recommendation on how to ensure that--
(A) a whistleblower in the intelligence community
who has a complaint against an inspector general in the
intelligence community and who alleges a reprisal, has
available the adjudication and review provided under
section 1104 of the National Security Act of 1947 (50
U.S.C. 3234); and
(B) any such whistleblower who has exhausted the
applicable review process may request an external review
panel and receive one, at the discretion of the
Inspector General of the Intelligence Community.
(2) Contents.--The recommendation submitted pursuant to
paragraph (1) shall include the following:
(A) A discussion of whether and to what degree
section 1106 of the National Security Act of 1947, as
added by subsection (a)(1), provides appropriate
authorities and mechanisms to provide an external review
panel as described in paragraph (1) of this subsection
and for the purposes described in such paragraph.
(B) Such recommendations for legislative or
administrative action as the Inspector General may have
with respect to providing an external review panel as
described in paragraph (1) and for the purposes
described in such paragraph.
SEC. 5333. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND
PROCEDURES.
(a) <<NOTE: Deadline. Coordination. Recommenda- tions.>> 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.
[[Page 133 STAT. 2141]]
SEC. 5334. <<NOTE: 50 USC 3033 note.>> OVERSIGHT BY INSPECTOR
GENERAL OF THE INTELLIGENCE COMMUNITY
OVER INTELLIGENCE COMMUNITY
WHISTLEBLOWER MATTERS.
(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Compliance.>> 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) <<NOTE: Coordination.>> 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) <<NOTE: Time period.>> 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:
[[Page 133 STAT. 2142]]
(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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Determination.>> 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. <<NOTE: 50 USC 3162a note.>> 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) <<NOTE: Deadlines.>> 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
[[Page 133 STAT. 2143]]
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. <<NOTE: 50 USC 3351a.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 50 USC 3238.>> 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
[[Page 133 STAT. 2144]]
operations and campaigns in the United States conducted by the Russian
Federation.
``(b) <<NOTE: Assessments.>> Contents.--Each report under
subsection (a) shall include the following:
``(1) <<NOTE: List.>> A description and listing of the
Russian organizations and persons involved in influence
operations and campaigns operating in the United States as of
the date of the report.
``(2) An assessment of organizations that are associated
with or receive funding from organizations and persons
identified in paragraph (1), particularly such entities
operating in the United States.
``(3) A description of the efforts by the organizations and
persons identified in paragraph (1) to target, coerce, and
influence populations within the United States.
``(4) An assessment of the activities of the organizations
and persons identified in paragraph (1) designed to influence
the opinions of elected leaders of the United States or
candidates for election in the United States.
``(5) With respect to reports submitted after the first
report, an assessment of the change in goals, tactics,
techniques, and procedures of the influence operations and
campaigns conducted by the organizations and persons identified
in paragraph (1).
``(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency, the
Director of the National Security Agency, and any other relevant head of
an element of the intelligence community.
``(d) Form.--Each report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947, as amended by section 5511, is
further amended by inserting after the item relating to section 1107 the
following new item:
``Sec. 1108. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.''.
(c) <<NOTE: 50 USC 3238 note.>> 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) <<NOTE: Deadline.>> 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--
[[Page 133 STAT. 2145]]
(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) <<NOTE: Deadline.>> 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:
[[Page 133 STAT. 2146]]
(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. <<NOTE: 50 USC 3237.>> 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) <<NOTE: Assessments.>> 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.
[[Page 133 STAT. 2147]]
``(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) <<NOTE: List.>> 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) <<NOTE: 50 USC 3237 note.>> Initial Report.--The Director of
the National Counterintelligence and Security Center shall submit to the
congressional intelligence committees, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Foreign Relations
of the Senate the first report under section 1107 of the National
Security Act of 1947, as added by subsection (a), by not later than 180
days after the date of the enactment of this Act.
SEC. 5512. REPORT ON REPRESSION OF ETHNIC MUSLIM MINORITIES IN THE
XINJIANG REGION OF THE PEOPLE'S REPUBLIC
OF CHINA.
(a) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 2148]]
of China to repress ethnic Muslim minorities in the Xinjiang region of
China.
(b) <<NOTE: Assessments.>> 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--
[[Page 133 STAT. 2149]]
(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) <<NOTE: Assessment.>> An assessment of whether and to
what extent China conducted influence operations specified in
subsection (a)(1), and, if such operations occurred--
(A) <<NOTE: List.>> 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) <<NOTE: Coordination. Assessments.>> 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) <<NOTE: Assessments.>> 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,
[[Page 133 STAT. 2150]]
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;
[[Page 133 STAT. 2151]]
(ii) the intelligence and military support
that the United States provides to Israel to help
Israel identify and appropriately address specific
threats to Israel from Iran and Iranian-backed
forces in Syria;
(iii) the threat posed to Israel and other
allies of the United States in the Middle East
resulting from the transfer of arms or related
material, or other support, by Iran to Hizballah
and other proxies;
(iv) Iranian and Iranian-controlled personnel
operating within Syria, including Hizballah,
Shiite militias, and Revolutionary Guard Corps
forces of Iran, and the number and geographic
distribution of such personnel;
(v) any rocket-producing facilities in Lebanon
for nonstate actors, including whether such
facilities were assessed to be built at the
direction of Hizballah leadership, Iranian
leadership, or in consultation between Iranian
leadership and Hizballah leadership; and
(vi) Iranian expenditures in the previous
calendar year on military and terrorist activities
outside the country, including the amount of such
expenditures with respect to each of Hizballah,
Houthi rebels in Yemen, Hamas, proxy forces in
Iraq and Syria, ballistic missile research and
testing, and any other entity, country, or
activity that the Director determines as
destabilizing to the Middle East region.
(3) Form of report.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Definitions.--In this subsection:
(A) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(i) the Committee on Armed Services, the
Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(ii) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(B) Arms or related material.--The term ``arms or
related material'' means--
(i) nuclear, biological, chemical, or
radiological weapons or materials or components of
such weapons;
(ii) ballistic or cruise missile weapons or
materials or components of such weapons;
(iii) destabilizing numbers and types of
advanced conventional weapons;
(iv) defense articles or defense services, as
those terms are defined in paragraphs (3) and (4),
respectively, of section 47 of the Arms Export
Control Act (22 U.S.C. 2794);
(v) defense information, as that term is
defined in section 644 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2403); or
(vi) items designated by the President for
purposes of the United States Munitions List under
section
[[Page 133 STAT. 2152]]
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) <<NOTE: Coordination.>> 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) <<NOTE: Summary.>> 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) <<NOTE: Review.>> 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) <<NOTE: Public information.>> Availability.--The report
under paragraph (1), or the unclassified summary of the report
described in paragraph (3), shall be made publicly available.
[[Page 133 STAT. 2153]]
(b) <<NOTE: Time periods.>> Briefings.--
(1) <<NOTE: Deadlines.>> 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.
[[Page 133 STAT. 2154]]
(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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> In general.--Not later than 180
days after the date of the enactment of this Act, the Director
of the Federal Bureau
[[Page 133 STAT. 2155]]
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) <<NOTE: Consultation.>> 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) <<NOTE: Compliance.>> Standards.--The Director
of the Federal Bureau of Investigation and the Secretary
of Homeland Security, in consultation with the Director
of National Intelligence in a manner consistent with the
authorities and responsibilities of such Director, shall
ensure that the strategic assessment under subparagraph
(A) complies with the analytic integrity and tradecraft
standards of the intelligence community.
(3) Discussion of activities.--The report under paragraph
(1) shall discuss and compare the following with respect to each
applicable element of the intelligence community:
(A) The criteria for opening, managing, and closing
domestic and international terrorism investigations.
(B) Standards and procedures for the Federal Bureau
of Investigation with respect to the review,
prioritization, and mitigation of domestic and
international terrorism threats in the United States.
(C) The planning (including plans of analysis of the
Federal Bureau of Investigation, Department of Homeland
Security, and National Counterterrorism Center),
development, production, analysis, and evaluation of
intelligence and intelligence products relating to
terrorism, noting any differences with respect to
domestic terrorism and international terrorism.
(D) The sharing of information relating to domestic
and international terrorism by and between--
(i) the Federal Government;
(ii) State, local, Tribal, territorial, and
foreign governments;
(iii) the appropriate congressional
committees;
(iv) nongovernmental organizations; and
(v) the private sector.
(E) The criteria and methodology used by the Federal
Bureau of Investigation to identify or assign terrorism
classifications to investigations of domestic terrorism.
(F) Compliance by the Federal Government with
privacy, civil rights, and civil liberties policies and
protections
[[Page 133 STAT. 2156]]
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) <<NOTE: Time period.>> 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,
[[Page 133 STAT. 2157]]
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) <<NOTE: Summary.>> 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) <<NOTE: Records.>> 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
[[Page 133 STAT. 2158]]
(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) <<NOTE: Analysis.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: List.>> a list of all
intelligence products described in subsection
(b)(4)(A)(ii)(VI); and
(ii) a means of accessing each such product.
(2) <<NOTE: List.>> 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
[[Page 133 STAT. 2159]]
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) <<NOTE: Time period. Consultation.>> 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) <<NOTE: Web posting.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Compliance.>> Information Quality.--The reports under
subsections (a), (b), and (d), to the extent applicable, shall comply
with the guidelines issued by the Director of the Office of Management
and Budget pursuant to section 515 of title V of the Consolidated
Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-154).
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
SEC. 5701. MODIFICATION OF REQUIREMENTS FOR SUBMISSION TO CONGRESS
OF CERTAIN REPORTS.
(a) Modification of Reports Relating to Guantanamo Bay.--
(1) Modification.--Section 506I(b) of the National Security
Act of 1947 (50 U.S.C. 3105(b)) is amended by striking ``once
every 6 months'' and inserting ``annually''.
(2) Modification.--Section 319(a) of the Supplemental
Appropriations Act, 2009 (10 U.S.C. 801 note) is amended by
striking ``every 90 days'' and inserting ``annually''.
(b) Modification to Reports on Analytic Integrity.--Subsection (c)
of section 1019 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3364) is amended--
(1) in the heading, by striking ``Reports'' and inserting
``Briefings''; and
[[Page 133 STAT. 2160]]
(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) <<NOTE: Determination.>> 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. <<NOTE: 50 USC 3306 note.>> 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
[[Page 133 STAT. 2161]]
(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) <<NOTE: Deadlines. President.>> 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.
[[Page 133 STAT. 2162]]
SEC. 5703. <<NOTE: 50 USC 3334c note.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Classified information.>> 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. <<NOTE: 50 USC 3334b.>> COLLECTION, ANALYSIS, AND
DISSEMINATION OF WORKFORCE DATA.
(a) Modification of Requirement for Annual Report on Hiring and
Retention of Minority Employees.--
[[Page 133 STAT. 2163]]
(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) <<NOTE: Public information.>> In general.--Not later
than 180 days after the date of the enactment of this Act, and
subject to paragraph (3), the Director of National Intelligence
shall make available to the public, the appropriate
congressional committees, and the workforce of the intelligence
community a report which includes aggregate demographic data and
other information regarding the diversity and inclusion efforts
of the workforce of the intelligence community.
(2) Contents.--A report made available under paragraph (1)--
(A) shall include unclassified reports and barrier
analyses relating to diversity and inclusion efforts;
(B) shall include aggregate demographic data--
(i) by segment of the workforce of the
intelligence community and grade or rank;
(ii) relating to attrition and promotion
rates;
(iii) that addresses the compliance of the
intelligence community with validated inclusion
metrics, such as the New Inclusion Quotient index
score; and
(iv) that provides demographic comparisons to
the relevant nongovernmental labor force and the
relevant civilian labor force;
(C) shall include an analysis of applicant flow
data, including the percentage and level of positions
for which data are collected, and a discussion of any
resulting policy changes or recommendations;
(D) shall include demographic data relating to
participants in professional development programs of the
intelligence community and the rate of placement into
senior positions for participants in such programs;
(E) shall include any voluntarily collected
demographic data relating to the membership of any
external advisory committee or board to which
individuals in senior positions in the intelligence
community appoint members; and
(F) may include data in proportions or percentages
to account for concerns relating to the protection of
classified information.
(c) <<NOTE: Public information.>> 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;
[[Page 133 STAT. 2164]]
(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) <<NOTE: Recommenda- tion.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 2165]]
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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Deadline. Coordination.>> 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;
[[Page 133 STAT. 2166]]
(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) <<NOTE: Timeline.>> 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) <<NOTE: Strategy.>> 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;
[[Page 133 STAT. 2167]]
(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) <<NOTE: Analysis.>> An analysis of the current use of
facial recognition technology by the intelligence community.
(2) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> An analysis of the ability of the
intelligence community to use facial recognition technology to
identify individuals in a way that respects constitutional
rights, civil rights, civil liberties, and privacy of such
individuals.
(6) Identification of risks and safeguards to uphold the
constitutional rights, civil rights, civil liberties, and
privacy of individuals, including for communities of color and
religious minorities.
(7) Whether such technology is deployed in public areas or
on photos of public areas in a manner that could raise First
Amendment concerns.
(8) An identification of existing policies, procedures, or
practices that permit the sharing of facial recognition data and
technology with foreign governments or other non-United States
Government entities.
(9) An identification of measures in place to protect data
security.
(10) An identification of any redress procedures to address
complaints in cases where the use of facial recognition resulted
in harm to an individual.
(11) <<NOTE: Analysis.>> 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.
[[Page 133 STAT. 2168]]
SEC. 5709. <<NOTE: 50 USC 3369a.>> REPORT ON DEEPFAKE TECHNOLOGY,
FOREIGN WEAPONIZATION OF DEEPFAKES, AND
RELATED NOTIFICATIONS.
(a) Report on Foreign Weaponization of Deepfakes and Deepfake
Technology.--
(1) <<NOTE: Consultation.>> 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) <<NOTE: Assessments. China. Russia.>> 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) <<NOTE: Analysis.>> 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
[[Page 133 STAT. 2169]]
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.
[[Page 133 STAT. 2170]]
(d) <<NOTE: Consultation.>> 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. <<NOTE: 2 USC 4111.>> 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) <<NOTE: Deadline. Coordination.>> 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).
[[Page 133 STAT. 2171]]
(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) <<NOTE: Deadlines.>> Periodic Briefings.--Not later than 30
days after the date of the enactment of this Act, not less frequently
than twice each year thereafter until the date that is 2 years after the
date of the enactment of this Act, and not less frequently than once
each year thereafter until the date that is 7 years after the date of
the enactment of this Act, the Director and the Chief Information
Officer of the Department of Defense shall jointly provide to the
congressional intelligence committees and congressional defense
committees (as defined in section 101 of title 10, United States Code)
briefings with updates on activities relating to, and the progress of,
their respective artificial intelligence and machine learning
initiatives, particularly the Augmenting Intelligence Using Machines
initiative and the Joint Artificial Intelligence Center.
SEC. 5712. REPORT ON BEST PRACTICES TO PROTECT PRIVACY AND CIVIL
LIBERTIES OF CHINESE AMERICANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China appears to be
specifically targeting the Chinese-American community for
intelligence purposes;
(2) such targeting carries a substantial risk that the
loyalty of such Americans may be generally questioned and lead
to unacceptable stereotyping, targeting, and racial profiling;
(3) the United States Government has a duty to warn and
protect all Americans including those of Chinese descent from
these intelligence efforts by the People's Republic of China;
(4) the broad stereotyping, targeting, and racial profiling
of Americans of Chinese descent is contrary to the values of the
United States and reinforces the flawed narrative perpetuated by
the People's Republic of China that ethnically Chinese
individuals worldwide have a duty to support the People's
Republic of China; and
(5) the United States efforts to combat the People's
Republic of China's intelligence activities should actively
safeguard and promote the constitutional rights of all Chinese
Americans.
(b) <<NOTE: Coordination.>> 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) <<NOTE: Review.>> a review of how the policies,
procedures, and practices of the intelligence community that
govern the intelligence
[[Page 133 STAT. 2172]]
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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 50 USC 3369b.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Lists.>> 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) <<NOTE: Recommenda- tions.>> 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.
[[Page 133 STAT. 2173]]
(d) <<NOTE: Deadline.>> 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) <<NOTE: Time period. Coordination.>> 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
[[Page 133 STAT. 2174]]
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. <<NOTE: 50 USC 3334c.>> ASSESSMENT OF HOMELAND
SECURITY VULNERABILITIES ASSOCIATED WITH
CERTAIN RETIRED AND FORMER PERSONNEL OF
THE INTELLIGENCE COMMUNITY.
(a) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Classified information.>> 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.
[[Page 133 STAT. 2175]]
(2) Covered intelligence assistance.--The term ``covered
intelligence assistance'' has the meaning given that term in
section 5703.
SEC. 5718. STUDY ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING
GEOSPATIAL-INTELLIGENCE MUSEUM AND
LEARNING CENTER.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> Developing recommendations
concerning such establishment.
(3) <<NOTE: Review.>> 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
[[Page 133 STAT. 2176]]
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) <<NOTE: Deadline. Study. Assessment.>> 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) <<NOTE: Appointment.>> 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
[[Page 133 STAT. 2177]]
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) <<NOTE: Classified information. Summary.>> 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. <<NOTE: 50 USC 3024 note.>> 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. <<NOTE: 50 USC 3024 note.>> 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.
[[Page 133 STAT. 2178]]
(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. <<NOTE: 50 USC 3024 note.>> IDENTIFICATION OF AND
COUNTERMEASURES AGAINST CERTAIN
INTERNATIONAL MOBILE SUBSCRIBER
IDENTITY-CATCHERS.
(a) In General.--The Director of National Intelligence and the
Director of the Federal Bureau of Investigation, in collaboration with
the Under Secretary of Homeland Security for Intelligence and Analysis,
and the heads of such other Federal, State, or local agencies as the
Directors determine appropriate, and in accordance with applicable law
and policy, may--
(1) undertake an effort to identify International Mobile
Subscriber Identity-catchers operated within the United States
by--
(A) hostile foreign governments; and
(B) individuals who have violated a criminal law of
the United States or of any State, or who have committed
acts that would be a criminal violation if committed
within the jurisdiction of the United States or any
State; and
(2) when appropriate, develop countermeasures against such
International Mobile Subscriber Identity-catchers, with
prioritization given to such International Mobile Subscriber
Identity-catchers identified in the National Capital Region.
(b) Briefing Required.--Prior to developing countermeasures under
subsection (a)(2), the Director of National Intelligence and the
Director of the Federal Bureau of Investigation shall provide a briefing
to the appropriate congressional committees on--
(1) the use of International Mobile Subscriber Identity-
catchers operated within the United States by the individuals
and governments described in subsection (a)(1);
(2) potential countermeasures by the intelligence community
against such International Mobile Subscriber Identity-catchers;
and
(3) any legal or policy limitations with respect to the
development or carrying out of such countermeasures.
(c) Definitions.--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(C) the Committees on the Judiciary of the House of
Representatives and the Senate.
(2) International mobile subscriber identity-catcher.--The
term ``International Mobile Subscriber Identity-
[[Page 133 STAT. 2179]]
catcher'' means a device used for intercepting mobile phone
identifying information and location data.
SEC. 5726. <<NOTE: 6 USC 189 note.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Evaluation.>> 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
[[Page 133 STAT. 2180]]
(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) <<NOTE: Appointments.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Analysis.>> 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--
[[Page 133 STAT. 2181]]
(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.
[[Page 133 STAT. 2182]]
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.
[[Page 133 STAT. 2183]]
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.
[[Page 133 STAT. 2184]]
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.--
[[Page 133 STAT. 2185]]
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period
at the end and inserting ``, as determined by using the
annual rate of basic pay that would be payable for full-
time service in that position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-
month'' and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year''
and inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year''
each place such term appears and inserting ``two
years'';
(E) by redesignating subsections (h), (i), (j), (k),
and (l) as subsections (i), (j), (k), (l), and (m),
respectively; and
(F) by inserting after subsection (g) the following:
``(h) Conditional Election of Insurable Interest Survivor Annuity by
Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the rights
of former spouses under subsection (b) and section 222, at the
time of retirement a married participant found by the Director
to be in good health may elect to receive an annuity reduced in
accordance with subsection (f)(1)(B) and designate in writing an
individual having an insurable interest in the participant to
receive an annuity under the system after the participant's
death, except that any such election to provide an insurable
interest survivor annuity to the participant's spouse shall only
be effective if the participant's spouse waives the spousal
right to a survivor annuity under this Act. The amount of the
annuity shall be equal to 55 percent of the participant's
reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be reduced
by 10 percent of an annuity computed under subsection (a) and by
an additional 5 percent for each full 5 years the designated
individual is younger than the participant. The total reduction
under this subparagraph may not exceed 40 percent.
``(3) Commencement of survivor annuity.--The annuity payable
to the designated individual shall begin on the day after the
retired participant dies and terminate on the last day of the
month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity <<NOTE: Effective date.>>
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
[[Page 133 STAT. 2186]]
``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) <<NOTE: 50 USC 2031 note.>> 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
[[Page 133 STAT. 2187]]
``(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) <<NOTE: Certifications.>> In general.--
Notwithstanding subsection (c), the Director of the National
Security Agency may establish a special rate of pay--
``(A) <<NOTE: Consultation.>> 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'';
[[Page 133 STAT. 2188]]
(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) <<NOTE: Coordination.>> 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. <<NOTE: Determination.>> In carrying out such review, the
Director of National Intelligence, in coordination with the Director of
the Office of Personnel Management, shall determine--
(1) the standards under which such review will be conducted;
(2) which positions should or should not be on the Executive
Schedule; and
(3) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
(b) Report.--Not later than 60 days after the date on which the
review under subsection (a) is completed, the Director of National
Intelligence shall submit to the congressional intelligence committees,
the Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Reform of the House of
Representatives an unredacted report describing the standards by which
the review was conducted and the outcome of the review.
SEC. 6306. <<NOTE: 50 USC 3370.>> 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.
[[Page 133 STAT. 2189]]
(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. <<NOTE: 50 USC 3001 note.>> 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. <<NOTE: 50 USC 3334d.>> 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
[[Page 133 STAT. 2190]]
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) <<NOTE: Determination.>> 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. <<NOTE: 50 USC 3351b.>> 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.--
[[Page 133 STAT. 2191]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: Deadlines. 50 USC 3024 note.>> 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.
[[Page 133 STAT. 2192]]
(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) <<NOTE: Coordination.>> 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) <<NOTE: Compliance.>> Ensuring compliance with
all applicable environment rules and regulations of such
environment.
(B) Ensuring measurable performance goals exist for
such environment.
(C) Documenting standards and practices of such
environment.
(D) Acting as an arbiter among elements of the
intelligence community related to any disagreements
arising out of the implementation of such environment.
(E) Delegating responsibilities to the elements of
the intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of such environment.
(2) Core service providers.--Providers of core services
shall be responsible for--
(A) <<NOTE: Coordination.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Designation.>> 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) <<NOTE: Coordination.>> coordinate transition or
restructuring efforts of such environment, including phaseout of
legacy systems.
[[Page 133 STAT. 2193]]
(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) <<NOTE: Assessment.>> an assessment of current,
measured performance.
(2) Implementation milestones for the intelligence community
information technology environment, including each of the
following:
(A) <<NOTE: Schedule.>> 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) <<NOTE: Plans.>> 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) <<NOTE: Updates.>> 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
[[Page 133 STAT. 2194]]
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) <<NOTE: Coordination. Classified information.>> 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. <<NOTE: Deadlines. 50 USC 3024 note.>> 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. <<NOTE: 50 USC 3316 note.>> 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.
[[Page 133 STAT. 2195]]
(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) <<NOTE: Deadlines.>> 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) <<NOTE: Notification.>> 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. <<NOTE: Deadlines. 50 USC 3334b.>> EXPANSION OF
INTELLIGENCE COMMUNITY RECRUITMENT
EFFORTS.
In <<NOTE: Consultation. Plan.>> 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
[[Page 133 STAT. 2196]]
Intelligence and their immediate families as the Director of National
Intelligence may designate;''.
SEC. 6402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-SHARING
ENVIRONMENT.
(a) Information-sharing Environment.--Section 1016(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by
striking ``The individual designated as the program manager shall serve
as program manager until removed from service or replaced by the
President (at the President's sole discretion).'' and inserting
``Beginning on the date of the enactment of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019 and 2020, each individual designated as the program manager
shall be appointed by the Director of National Intelligence.''.
SEC. 6403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by adding at
the end the following:
``Director of the National Counterintelligence and Security
Center.''.
SEC. 6404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50 U.S.C.
3034(a)) is amended by adding at the end the following new sentence:
``The Chief Financial Officer shall report directly to the Director of
National Intelligence.''.
SEC. 6405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50 U.S.C.
3032(a)) is amended by adding at the end the following new sentence:
``The Chief Information Officer shall report directly to the Director of
National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR PERSONNEL
ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,''
and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
[[Page 133 STAT. 2197]]
``(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. <<NOTE: 50 USC 3519b.>> 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
[[Page 133 STAT. 2198]]
``(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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. 50 USC 3519b note.>> 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) <<NOTE: 50 USC 3519b note.>> 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.''.
[[Page 133 STAT. 2199]]
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) <<NOTE: 118 Stat. 3955.>> 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) <<NOTE: Coordination.>> 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.''.
[[Page 133 STAT. 2200]]
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 <<NOTE: Deadlines. Coordination.>> later than 90 days after the
date of the enactment of this Act, the Director of National Intelligence
and Under Secretary of Defense for Intelligence, in coordination with
the Director of the National Counterintelligence and Security Center,
shall submit to the congressional intelligence committees, the Committee
on Armed Services of the Senate, and the Committee on Armed Services of
the House of Representatives a plan to designate the counterintelligence
component of the Defense Security Service of the Department of Defense
as an element of the intelligence community by not later than January 1,
2021. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information sharing,
and business processes of the Defense Security Service and the
intelligence community; and
(2) not address the personnel security functions of the
Defense Security Service.
SEC. 6432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall be
construed to require the Secretary to provide notice to any private
entity before the Secretary issues a binding operational directive under
subsection (b)(2).''.
SEC. 6433. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
RECONNAISSANCE OFFICE.
(a) Establishment.--Section 106A of the National Security Act of
1947 (50 U.S.C. 3041a) is amended by adding at the end the following new
subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the
National Reconnaissance Office, including with respect
to promoting innovation, competition, and resilience in
space, overhead reconnaissance, acquisition, and other
matters; and
``(B) advise and report directly to the Director
with respect to such matters.
[[Page 133 STAT. 2201]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Appointment.>> 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) <<NOTE: Deadline. 50 USC 3041a note.>> 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) <<NOTE: Deadline. Consultation.>> 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.
[[Page 133 STAT. 2202]]
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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 2203]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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) <<NOTE: Classified information.>> Form of Report.--The report
required by subsection (a)(2) shall be submitted to the congressional
intelligence committees in a classified form.
SEC. 6503. <<NOTE: 50 USC 3371a.>> 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
[[Page 133 STAT. 2204]]
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(b) <<NOTE: Coordination. Deadlines.>> In General.--The Director of
National Intelligence, in coordination with the Director of the Central
Intelligence Agency, the Director of the National Security Agency, the
Director of the Federal Bureau of Investigation, the Secretary of
Homeland Security, and the heads of other relevant elements of the
intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018,
and complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election
systems; and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a
report on such security vulnerabilities and an assessment of
foreign intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) <<NOTE: Deadline.>> Update.--Not later than 90 days before any
regularly scheduled Federal election occurring after December 31, 2018,
the Director of National Intelligence shall--
<<NOTE: Assessment.>> (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) <<NOTE: Deadline. Coordination.>> 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:
[[Page 133 STAT. 2205]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Time period. Summaries.>> 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;
[[Page 133 STAT. 2206]]
(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) <<NOTE: Classified information.>> Form.--The report required by
subsection (b) may be submitted in classified form, but if so submitted,
shall contain an unclassified summary.
SEC. 6506. <<NOTE: 50 USC 3371b.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 2207]]
SEC. 6507. <<NOTE: 50 USC 3371c.>> NOTIFICATION OF SIGNIFICANT
FOREIGN CYBER INTRUSIONS AND ACTIVE
MEASURES CAMPAIGNS DIRECTED AT ELECTIONS
FOR FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently jeopardizes,
without lawful authority, electronic election infrastructure, or
the integrity, confidentiality, or availability of information
within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to an
election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination is
credibly sourced and plausible but not of sufficient quality or
corroborated sufficiently to warrant a higher level of
confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland Security
and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on Appropriations of the House of
Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions and
Active Measures Campaigns.--The Director of National Intelligence, the
Director of the Federal Bureau of Investigation, and the Secretary of
Homeland Security shall jointly carry out
[[Page 133 STAT. 2208]]
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) <<NOTE: Deadline. Determination.>> 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 <<NOTE: Classified information.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: 50 USC 3371d.>> DESIGNATION OF
COUNTERINTELLIGENCE OFFICER TO LEAD
ELECTION SECURITY MATTERS.
(a) <<NOTE: Coordination.>> 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.
[[Page 133 STAT. 2209]]
(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. <<NOTE: 50 USC 3352.>> 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
[[Page 133 STAT. 2210]]
eligibility for access to classified national security
information), or any successor entity.
SEC. 6602. <<NOTE: 50 USC 3352a.>> 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.
[[Page 133 STAT. 2211]]
(v) <<NOTE: Analysis.>> An analysis of how to
integrate data from continuous vetting, insider
threat programs, and human resources data.
(vi) <<NOTE: Recommenda-
tions. Coordination.>> 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) <<NOTE: Public information.>> 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. <<NOTE: 50 USC 3352b.>> IMPROVING THE PROCESS FOR
SECURITY CLEARANCES.
(a) <<NOTE: Deadline. Coordination.>> Reviews.--Not later than 180
days after the date of the enactment of this Act, the Security Executive
Agent, in coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available to
appropriate industry partners a report that includes the following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form 86)
and by the Federal Investigative Standards prescribed by the
Suitability and Credentialing Executive Agent and the Security
Executive Agent appropriately supports the adjudicative
guidelines under Security Executive Agent Directive 4 (known as
the ``National Security Adjudicative Guidelines''). Such review
shall include identification of whether any such information
currently collected is unnecessary to support the adjudicative
guidelines.
(2) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Coordination. Plans.>> 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:
[[Page 133 STAT. 2212]]
(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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 2213]]
(5) A policy for the use of certain background information
on individuals collected by the private sector for background
investigation purposes.
(6) <<NOTE: Standards.>> 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. <<NOTE: Deadlines. 50 USC 3352c.>> 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) <<NOTE: Certification.>> 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. <<NOTE: Recommenda- tions.>> 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 <<NOTE: 50 USC 3163,
3164.>> and 804 as sections 804 and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. <<NOTE: 50 USC 3162a.>> 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:
[[Page 133 STAT. 2214]]
``(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) <<NOTE: Review.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Review.>> 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) <<NOTE: Guidelines.>> 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
[[Page 133 STAT. 2215]]
``(4) <<NOTE: Standards.>> 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. <<NOTE: Coordination. 50 USC 3352d.>> REPORT ON
UNIFIED, SIMPLIFIED, GOVERNMENTWIDE
STANDARDS FOR POSITIONS OF TRUST AND
SECURITY CLEARANCES.
Not later than 90 days after the date of the enactment of this Act,
the Security Executive Agent and the Suitability and Credentialing
Executive Agent, in coordination with the other members of the Council,
shall jointly submit to the appropriate congressional committees and
make available to appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the Government and to
industry of consolidating to not more than three tiers for positions of
trust and security clearances.
SEC. 6607. <<NOTE: Classified information.>> 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) <<NOTE: Time period.>> 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.
[[Page 133 STAT. 2216]]
(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. <<NOTE: 50 USC 3352d.>> 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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 2217]]
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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 2218]]
``(E) <<NOTE: Time periods.>> 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) <<NOTE: Determinations. Time period.>> 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. <<NOTE: Review. 50 USC 3352e.>> 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. <<NOTE: 50 USC 3352f.>> INFORMATION-SHARING PROGRAM
FOR POSITIONS OF TRUST AND SECURITY
CLEARANCES.
(a) Program Required.--
(1) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 2219]]
national security positions and positions of trust, in order to
ensure the Federal Government maintains a trusted workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and the
Suitability and Credentialing Executive Agent shall ensure that the
Program includes such safeguards for privacy as the Security Executive
Agent and the Suitability and Credentialing Executive Agent consider
appropriate.
(c) Provision of Information to the Federal Government.--The Program
shall include requirements that enable investigative service providers
and agencies of the Federal Government to leverage certain pre-
employment information gathered through private-sector means during the
employment or military recruiting process, and other relevant security
or human resources information obtained during employment with or for
the Federal Government, that satisfy Federal investigative standards,
while safeguarding personnel privacy.
(d) Information and Records.--The information and records considered
under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant to
obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Assessment.>> 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
[[Page 133 STAT. 2220]]
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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Coordination.>> 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) <<NOTE: Time period. Coordination.>> 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;
[[Page 133 STAT. 2221]]
(6) the average cost per person for each type of background
investigation; and
(7) <<NOTE: Summary.>> 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. <<NOTE: 6 USC 1501 note prec.>> 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
[[Page 133 STAT. 2222]]
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) <<NOTE: President.>> other forms of threat finance
activity domestically or internationally, as defined by the
President.
(b) <<NOTE: Assessment.>> 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) <<NOTE: Summary. Time period.>> 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) <<NOTE: Summary.>> A summary of engagement and
coordination with international partners on threat finance
relating to Russia, especially in Europe, including examples of
such engagement and coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States
legal and financial system, including specific sectors,
which have
[[Page 133 STAT. 2223]]
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) <<NOTE: Classified information.>> Form of Report.--The report
required under subsection (b) may be submitted in classified form.
SEC. 6703. <<NOTE: 50 USC 3396c.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Deadline. 22 USC 254a note.>> 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
[[Page 133 STAT. 2224]]
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. <<NOTE: 22 USC 9412.>> 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) <<NOTE: Determination.>> 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) <<NOTE: 50 USC 3369d.>> 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''.
[[Page 133 STAT. 2225]]
(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) <<NOTE: Analysis.>> 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--
[[Page 133 STAT. 2226]]
(A) <<NOTE: Coordination.>> coordinate intelligence
programs; and
(B) integrate and standardize intelligence products
produced by such other components.
SEC. 6713. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Consultation.>> Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the heads of the elements of the
intelligence community determined appropriate by the Director, shall
submit to the congressional intelligence committees a report on the role
of the Director in preparing analytic materials in connection with the
evaluation by the Federal Government of national security risks
associated with potential foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall include--
(1) a description of the current process for the provision
of the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and personnel
to prepare such materials; and
(3) <<NOTE: Recommenda- tions.>> recommendations to improve
such process.
[[Page 133 STAT. 2227]]
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) <<NOTE: Coordination.>> 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. <<NOTE: 50 USC 3370a.>> 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) <<NOTE: Analysis.>> 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
[[Page 133 STAT. 2228]]
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) <<NOTE: 22 USC 254a note.>> 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. <<NOTE: 50 USC 3235.>> 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) <<NOTE: Time period.>> Elements.--Each report
submitted under paragraph (1) shall include, with respect to the
preceding 6-month period, the following:
[[Page 133 STAT. 2229]]
``(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) <<NOTE: Deadline. Consultation. Time period.>> 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. <<NOTE: 50 USC 3334f.>> 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.
[[Page 133 STAT. 2230]]
(b) <<NOTE: Consultation.>> 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. <<NOTE: 50 USC 3316a.>> REPORTS ON INTELLIGENCE
COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF
FEDERAL GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated November
15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
confidentiality, integrity, or availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities Equities
Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
written report describing--
(A) with respect to each element of the intelligence
community--
(i) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 2231]]
(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) <<NOTE: Notification.>> 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) <<NOTE: Analyses.>> 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.
[[Page 133 STAT. 2232]]
(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. <<NOTE: 50 USC 3024 note.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Effective date.>> 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
[[Page 133 STAT. 2233]]
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) <<NOTE: Assessment.>> 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) <<NOTE: Effective date.>> 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;
[[Page 133 STAT. 2234]]
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Energy and Commerce,
and the Committee on Appropriations of the House of
Representatives; and
(C) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Health,
Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate.
SEC. 6723. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN
ELEMENTS OF INTELLIGENCE COMMUNITY AND
OTHER ENTITIES OF THE UNITED STATES
GOVERNMENT REGARDING SIGNIFICANT
OPERATIONAL ACTIVITIES OR POLICY.
Section 311 of the Intelligence Authorization Act for Fiscal Year
2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual budget
request submitted by the President to Congress under section 1105 of
title 31, United States Code, each head of an element of the
intelligence community shall submit to the congressional intelligence
committees a report that lists each memorandum of understanding or other
agreement regarding significant operational activities or policy entered
into during the most recently completed fiscal year between or among
such element and any other entity of the United States Government.
``(b) Provision of Documents.--Each head of an element of an
intelligence community who receives a request from the Select Committee
on Intelligence of the Senate or the Permanent Select Committee on
Intelligence of the House of Representatives for a copy of a memorandum
of understanding or other document listed in a report submitted by the
head under subsection (a) shall submit to such committee the requested
copy as soon as practicable after receiving such request.''.
SEC. 6724. <<NOTE: Deadlines.>> 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. <<NOTE: 50 USC 3334g.>> 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;
[[Page 133 STAT. 2235]]
(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
[[Page 133 STAT. 2236]]
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.
<<NOTE: Deadline.>> Not later than 30 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall
[[Page 133 STAT. 2237]]
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) <<NOTE: Overview.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Coordination.>> 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.
[[Page 133 STAT. 2238]]
(b) Elements.--The assessment required under subsection (a) shall
include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and nonfinancial networks, including supply
chain management, transportation, and facilitation, through
which North Korea accesses the United States and international
financial systems and repatriates and exports capital, goods,
and services; and
(3) the global financial institutions, money services
business, and payment systems that assist North Korea with
financial transactions.
(c) Submittal to Congress.--Upon completion of the assessment
required under subsection (a), the Director of National Intelligence
shall submit to the congressional intelligence committees, the Committee
on Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a copy of such assessment.
SEC. <<NOTE: Stop Terrorist Use of Virtual Currencies Act.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: Assessments.>> 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).
[[Page 133 STAT. 2239]]
Subtitle C--Other Matters
SEC. 6741. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) <<NOTE: 50 USC 3301 note, 3355 and note, 3355a-3355g.>>
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) <<NOTE: 50 USC 3301 note, 3355 and note, 3355a-3355g.>> 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) <<NOTE: 50 USC 3355 note.>> 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) <<NOTE: Time period.>> 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) <<NOTE: 50 USC 3024.>> 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) <<NOTE: 50 USC 3041.>> in section 106--
[[Page 133 STAT. 2240]]
(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 <<NOTE: 50 USC 3042.>> section 107;
(4) in section 108(c) <<NOTE: 50 USC 3043.>> , 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), <<NOTE: 50 USC 3047.>> by
striking ``section 103(c)(7)'' and inserting ``section
102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. <<NOTE: Applicability. 50 USC 3005.>> 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 <<NOTE: 50 USC 3004.>> , by redesignating
subsections (b) and (c) as subsections (a) and (b),
respectively;
(8) in section 206 <<NOTE: 50 USC 3004.>> , by striking
``(a)'';
(9) in section 207 <<NOTE: 50 USC 3004.>> , by striking
``(c)'';
(10) in section <<NOTE: 50 USC 3075.>> 308(a), by striking
``this Act'' and inserting ``sections 2, 101, 102, 103, and 303
of this Act'';
(11) by redesignating section 411 <<NOTE: 50 USC 3006,
3078.>> as section 312;
(12) <<NOTE: 50 USC 3093.>> 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 <<NOTE: 50 USC 3094.>> 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.--
[[Page 133 STAT. 2241]]
(1) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Recommenda- tions.>> 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
[[Page 133 STAT. 2242]]
(B) provided by the intelligence service or military
of a foreign country to an element of the intelligence
community.
(3) Established intelligence channels.--The term
``established intelligence channels'' means methods to exchange
intelligence to coordinate foreign intelligence relationships,
as established pursuant to law by the Director of National
Intelligence, the Director of the Central Intelligence Agency,
the Director of the National Security Agency, or other head of
an element of the intelligence community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any officer or
employee of the executive branch, including individuals--
(A) occupying a position specified in article II of
the Constitution;
(B) appointed to a position by an individual
described in subparagraph (A); or
(C) serving in the civil service or the Senior
Executive Service (or similar service for senior
executives of particular departments or agencies).
(b) Findings.--Congress finds that section 502 of the National
Security Act of 1947 (50 U.S.C. 3092) requires elements of the
intelligence community to keep the congressional intelligence committees
``fully and currently informed'' about all ``intelligence activities''
of the United States, and to ``furnish to the congressional intelligence
committees any information or material concerning intelligence
activities * * * which is requested by either of the congressional
intelligence committees in order to carry out its authorized
responsibilities.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50
U.S.C. 3092), together with other intelligence community
authorities, obligates an element of the intelligence community
to submit to the congressional intelligence committees written
notification, by not later than 7 days after becoming aware,
that an individual in the executive branch has disclosed covered
classified information to an official of an adversary foreign
government using methods other than established intelligence
channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of
classified information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure
was made; and
(D) a summary of the circumstances of such
disclosure.
SEC. 6746. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE
ACTIVITIES WHEN CONSIDERING WHETHER OR
NOT TO PROVIDE VISAS TO FOREIGN
INDIVIDUALS TO BE ACCREDITED TO A UNITED
NATIONS MISSION IN THE UNITED STATES.
It is the sense of the Congress that the Secretary of State, in
considering whether or not to provide a visa to a foreign individual to
be accredited to a United Nations mission in the United States, should
consider--
[[Page 133 STAT. 2243]]
(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-- <<NOTE: Otto Warmbier North Korea Nuclear Sanctions and
Enforcement Act of 2019.>> 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.
[[Page 133 STAT. 2244]]
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. <<NOTE: 22 USC 9201 note.>> 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. <<NOTE: 22 USC 9261.>> 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:
[[Page 133 STAT. 2245]]
``SEC. <<NOTE: 22 USC 9221b.>> 201B. SANCTIONS WITH RESPECT TO
FOREIGN FINANCIAL INSTITUTIONS THAT
PROVIDE FINANCIAL SERVICES TO CERTAIN
SANCTIONED PERSONS.
``(a) <<NOTE: Determination. Consultation.>> In General.--The
Secretary of the Treasury shall impose one or more of the sanctions
described in subsection (b) with respect to a foreign financial
institution that the Secretary determines, in consultation with the
Secretary of State, knowingly, on or after the date that is 120 days
after the date of the enactment of the Otto Warmbier North Korea Nuclear
Sanctions and Enforcement Act of 2019, provides significant financial
services to any person designated for the imposition of sanctions with
respect to North Korea under--
``(1) subsection (a), (b), or (g) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Sanctions Described.--The sanctions that may be imposed with
respect to a foreign financial institution subject to subsection (a) are
the following:
``(1) Asset blocking.--The Secretary may block and prohibit,
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), all transactions in all property and
interests in property of the foreign financial institution if
such property and interests in property are in the United
States, come within the United States, or are or come within the
possession or control of a United States person.
``(2) Restrictions on correspondent and payable-through
accounts.--The Secretary may prohibit, or impose strict
conditions on, the opening or maintaining in the United States
of a correspondent account or a payable-through account by the
foreign financial institution.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry out
this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
``(d) <<NOTE: Deadline. President.>> 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,
[[Page 133 STAT. 2246]]
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. <<NOTE: 22 USC 9221c.>> PROHIBITION ON TRANSACTIONS
WITH CERTAIN SANCTIONED PERSONS BY
PERSONS OWNED OR CONTROLLED BY UNITED
STATES FINANCIAL INSTITUTIONS.
``(a) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Applicability.>> 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).''.
[[Page 133 STAT. 2247]]
(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) <<NOTE: President. Determination.>> 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).'';
[[Page 133 STAT. 2248]]
(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. <<NOTE: President. Determinations. 22 USC 286yy.>>
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--
[[Page 133 STAT. 2249]]
``(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) <<NOTE: Reports.>> submits to Congress a report on
the reasons for the determination under paragraph (1).''.
(b) <<NOTE: Repeal. 22 USC 286yy note.>> 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. <<NOTE: 22 USC 262p-13.>> SUPPORT FOR CAPACITY OF
THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING
OF TERRORISM.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use the voice
and vote of the United States to support the increased use of the
administrative budget of the Fund for technical assistance that
strengthens the capacity of members of the Fund to prevent money
laundering and the financing of terrorism.''.
(b) <<NOTE: Repeal. 22 USC 262p-13 note.>> 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) <<NOTE: Time period.>> 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) <<NOTE: List. Time period.>> 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,
[[Page 133 STAT. 2250]]
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) <<NOTE: Time periods.>> 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--
[[Page 133 STAT. 2251]]
(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
[[Page 133 STAT. 2252]]
``(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) <<NOTE: Consultation.>> 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) <<NOTE: Proposals.>> 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. <<NOTE: President. 22 USC 9265.>> 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. <<NOTE: 22 USC 9265a.>> 7132. REPORTS ON CERTAIN LICENSING
ACTIONS.
(a) Report Required.--
(1) <<NOTE: President. Time period.>> 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.
[[Page 133 STAT. 2253]]
(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) <<NOTE: Deadline.>> Submission of Copies of Licenses on
Request.--The Secretary of the Treasury shall expeditiously provide a
copy of any license identified in a report required by subsection (a)(1)
to the Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the Senate
if an appropriate Member of Congress requests a copy of that license not
later than 30 days after submission of the report.
(c) Form.--Each report required by subsection (a), and each copy of
a license submitted under subsection (b), shall be submitted in
unclassified form but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate member of congress.--The term ``appropriate
Member of Congress'' means--
(A) the chairman or ranking member of the Committee
on Financial Services of the House of Representatives;
or
(B) the chairman or ranking member of the Committee
on Banking, Housing, and Urban Affairs of the Senate.
(2) Covered regulatory provision.--The term ``covered
regulatory provision'' means any of the following provisions, as
in effect on the day before the date of the enactment of this
Act and as such provisions relate to North Korea:
(A) Part 743, 744, or 746 of title 15, Code of
Federal Regulations.
(B) Part 510 of title 31, Code of Federal
Regulations.
(C) Any other provision of title 31, Code of Federal
Regulations.
SEC. 7133. <<NOTE: President.>> REPORT AND BRIEFINGS ON FINANCIAL
NETWORKS AND FINANCIAL METHODS OF THE
GOVERNMENT OF NORTH KOREA.
(a) Report Required.--
(1) <<NOTE: Assessments.>> 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;
[[Page 133 STAT. 2254]]
(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) <<NOTE: Deadline. Time periods.>> 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) <<NOTE: President. Determination.>> 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.
[[Page 133 STAT. 2255]]
(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. <<NOTE: President. 22 USC 9269.>> 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. <<NOTE: 22 USC 9269a.>> 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. <<NOTE: 22 USC 9269b.>> 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) <<NOTE: President. Time period.>> 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) <<NOTE: Certification.>> 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.
[[Page 133 STAT. 2256]]
(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. <<NOTE: 22 USC 9269c.>> 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.
<<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Assessment.>> An assessment of--
(A) Federal financial regulatory agency oversight,
including by the Financial Crimes Enforcement Network,
[[Page 133 STAT. 2257]]
of United States financial institutions and the adoption
by their foreign subsidiaries, branches, and
correspondent institutions of the principles described
under paragraph (1); and
(B) whether financial institutions in foreign
jurisdictions known by the United States intelligence
and law enforcement communities to be jurisdictions
through which North Korea moves substantial sums of
licit and illicit finance are applying a risk-based
approach to proliferation financing, and if that
approach is comparable to the approach required by
United States financial institution supervisors.
(3) <<NOTE: Survey.>> 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) <<NOTE: Assessment.>> 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 <<NOTE: 22 USC 9269d.>> . 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-- <<NOTE: Financial Industry Guidance to Halt Trafficking
Act.>> Financial Industry Guidance to Halt Trafficking
SEC. 7151 <<NOTE: 22 USC 7101 note.>> . 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;
[[Page 133 STAT. 2258]]
(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,
[[Page 133 STAT. 2259]]
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) <<NOTE: Consultation. Designation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Analysis.>> 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
[[Page 133 STAT. 2260]]
(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) <<NOTE: Deadline. Consultation. 12 USC 3305 note.>> 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 133 STAT. 2261]]
(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) <<NOTE: Determination.>> 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) <<NOTE: 12 USC 3305 note.>> 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-- <<NOTE: Fentanyl Sanctions Act.>> 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.
[[Page 133 STAT. 2262]]
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. <<NOTE: 21 USC 2301 note.>> SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 7202. <<NOTE: 21 USC 2301.>> 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. <<NOTE: 21 USC 2302.>> 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.
[[Page 133 STAT. 2263]]
(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. <<NOTE: President. 21 USC 2311. Determination.>>
IDENTIFICATION OF FOREIGN OPIOID
TRAFFICKERS.
(a) Public Report.--
[[Page 133 STAT. 2264]]
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that the
President determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this subtitle; and
(C) providing an update on cooperative efforts with
the governments of Mexico, the People's Republic of
China, and other countries of concern with respect to
combating foreign opioid traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and before
the submission of the next such report, the President determines
that a foreign person not identified in the report is a foreign
opioid trafficker, the President shall submit to the appropriate
congressional committees and leadership an additional report
containing the information required by paragraph (1) with
respect to the foreign person.
(3) Exclusion.--The President shall not be required to
include in a report under paragraph (1) or (2) any persons with
respect to which the United States has imposed sanctions before
the date of the report under this subtitle or any other
provision of law with respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph
(1) or (2) shall be submitted in unclassified form but
may include a classified annex.
(B) Availability to public.--The unclassified
portion of a report required by paragraph (1) or (2)
shall be made available to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified form--
(A) describing in detail the status of sanctions
imposed under this subtitle, including the personnel and
resources directed toward the imposition of such
sanctions during the preceding fiscal year;
(B) providing background information with respect to
persons newly identified as foreign opioid traffickers
and their illicit activities;
(C) describing actions the President intends to
undertake or has undertaken to implement this subtitle;
and
(D) providing a strategy for identifying additional
foreign opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to, and in no way
delimits or restricts, the obligations of the President to keep
Congress fully and currently informed pursuant to the provisions
of the National Security Act of 1947 (50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter until the date
that is 5 years after such date of enactment, the President shall submit
the reports required by subsections (a) and (b) to the appropriate
congressional committees and leadership.
[[Page 133 STAT. 2265]]
(d) <<NOTE: Determinations.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: President. 21 USC 2312.>> 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) <<NOTE: Determination.>> 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.
[[Page 133 STAT. 2266]]
SEC. 7213. <<NOTE: President. 21 USC 2313.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 2267]]
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. <<NOTE: President. 21 USC 2314.>> WAIVERS.
(a) Waiver for State-owned Entities in Countries That Cooperate in
Multilateral Anti-trafficking Efforts.--
(1) <<NOTE: Time period. Deadline. Certification.>> 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--
[[Page 133 STAT. 2268]]
(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) <<NOTE: Time period. Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Verification.>> 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) <<NOTE: Deadline.>> Notification.--Not later than 15
days after making a determination under paragraph (1), the
President shall notify the appropriate congressional committees
and leadership of the determination and the reasons for the
determination.
(c) <<NOTE: Time period. Certification.>> 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. <<NOTE: 21 USC 2315.>> 7215. PROCEDURES FOR JUDICIAL REVIEW
OF CLASSIFIED INFORMATION.
(a) <<NOTE: President.>> 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--
[[Page 133 STAT. 2269]]
(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. <<NOTE: Deadlines. President. Coordination. 21 USC
2316.>> 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) <<NOTE: Assessments. Consultation.>> 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.''.
[[Page 133 STAT. 2270]]
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
[[Page 133 STAT. 2271]]
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) <<NOTE: President.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Review. Determination.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Reports.>> 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.
[[Page 133 STAT. 2272]]
(8) <<NOTE: Reports.>> 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) <<NOTE: Applicability.>> Functioning of Commission.--The
provisions of subsections (c), (d), (e), (g), (h), (i), and (m) of
section 1652 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232) shall apply to the Commission
to the same extent and in the same manner as such provisions apply to
the commission established under that section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied
and administered by inserting ``and the Attorney General'' after
``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section
shall be applied and administered by substituting ``level V of
the Executive Schedule under section 5316'' for ``level IV of
the Executive Schedule under section 5315''.
(e) Treatment of Information Provided to Commission.--
(1) Information relating to national security.--
(A) Responsibility of director of national
intelligence.--The Director of National Intelligence
shall assume responsibility for the handling and
disposition of any information related to the national
security of the United States that is received,
considered, or used by the Commission under this
section.
(B) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (h), only
the members and designated staff of the appropriate
congressional committees and leadership, the Director of
National Intelligence (and the designees of the
Director), and such other officials of the executive
branch as the President may designate shall have access
to information related to the national security of the
United States that is received, considered, or used by
the Commission.
(2) Information provided by congress.--The Commission may
obtain information from any Member, committee, or office of
Congress, including information related to the national security
of the United States, only with the consent of the Member,
committee, or office involved and only in accordance with any
applicable rules and procedures of the House of Representatives
or Senate (as the case may be) governing the provision of such
information by Members, committees, and offices of Congress to
entities in the executive branch.
(f) <<NOTE: Recommenda- tions.>> 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
[[Page 133 STAT. 2273]]
(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) <<NOTE: Time period.>> 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. <<NOTE: Consultation. 21 USC 2331.>> DIRECTOR OF
NATIONAL INTELLIGENCE PROGRAM ON USE OF
INTELLIGENCE RESOURCES IN EFFORTS TO
SANCTION FOREIGN OPIOID TRAFFICKERS.
(a) Program Required.--
(1) <<NOTE: Analyses.>> 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
[[Page 133 STAT. 2274]]
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. <<NOTE: 22 USC 2332.>> 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) <<NOTE: Time period. President.>> 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
[[Page 133 STAT. 2275]]
Permanent Select Committee on Intelligence, the Committee on
Oversight and Reform, and the Committee on Appropriations of the
House of Representatives.
SEC. 7233. <<NOTE: President. Deadline. 21 USC 2333.>> 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 <<NOTE: 21 USC 2334.>> . 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. <<NOTE: 21 USC 2335.>> 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-- <<NOTE: PFAS Act of 2019.>> 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. <<NOTE: 15 USC 8901 note.>> SHORT TITLE.
This title may be cited as the ``PFAS Act of 2019''.
SEC. 7302. <<NOTE: 15 USC 8901.>> DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
[[Page 133 STAT. 2276]]
Subtitle A--Drinking Water
SEC. 7311. <<NOTE: 15 USC 8911.>> MONITORING AND DETECTION.
(a) Monitoring Program for Unregulated Contaminants.--
(1) In general.--The Administrator shall include each
substance described in paragraph (2) in the fifth publication of
the list of unregulated contaminants to be monitored under
section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42
U.S.C. 300j-4(a)(2)(B)(i)).
(2) Substances described.--The substances referred to in
paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances
and classes of perfluoroalkyl and polyfluoroalkyl substances--
(A) for which a method to measure the level in
drinking water has been validated by the Administrator;
and
(B) that are not subject to a national primary
drinking water regulation.
(3) Exception.--The perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances included in the list of unregulated contaminants to
be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking
Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under paragraph (1)
shall not count towards the limit of 30 unregulated contaminants
to be monitored by public water systems under that section.
(b) Applicability.--
(1) In general.--The Administrator shall--
(A) require public water systems serving more than
10,000 persons to monitor for the substances described
in subsection (a)(2);
(B) subject to paragraph (2) and the availability of
appropriations, require public water systems serving not
fewer than 3,300 and not more than 10,000 persons to
monitor for the substances described in subsection
(a)(2); and
(C) subject to paragraph (2) and the availability of
appropriations, ensure that only a representative sample
of public water systems serving fewer than 3,300 persons
are required to monitor for the substances described in
subsection (a)(2).
(2) <<NOTE: Determination. Waiver authority.>>
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.
[[Page 133 STAT. 2277]]
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. <<NOTE: 15 USC 8921.>> 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.--
[[Page 133 STAT. 2278]]
(1) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> Revisions.--Not later than
5 years after the date of enactment of this Act, the
Administrator shall--
(i) <<NOTE: Determination.>> 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.--
[[Page 133 STAT. 2279]]
(A) <<NOTE: Effective date.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> determine
whether revision of the threshold under
subparagraph (A) is warranted for the substance or
class of substances; and
[[Page 133 STAT. 2280]]
(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) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of enactment of this Act, the Administrator shall
determine whether the substances and classes of substances
described in paragraph (2) meet any one of the criteria
described in section 313(d)(2) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for
inclusion in the toxics release inventory.
(2) Substances described.--The substances and classes of
substances referred to in paragraph (1) are perfluoroalkyl and
polyfluoroalkyl substances and classes of perfluoroalkyl and
polyfluoroalkyl substances not described in subsection (b)(1),
including--
(A) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic
acid] ammonium salt (Chemical Abstracts Service No.
908020-52-0);
(B) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
2-(trifluoromethoxy) propanoyl fluoride (Chemical
Abstracts Service No. 2479-75-6);
(C) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-
2-(trifluoromethoxy) propionic acid (Chemical Abstracts
Service No. 2479-73-4);
(D) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic
acid] (Chemical Abstracts Service No. 919005-14-4);
(E) the salts associated with the chemical described
in subparagraph (D) (Chemical Abstracts Service Nos.
958445-44-8, 1087271-46-2, and NOCAS 892452);
(F) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
tridecafluoro-potassium salt (Chemical Abstracts Service
No. 59587-38-1);
(G) perfluorobutanesulfonic acid (Chemical Abstracts
Service No. 375-73-5);
(H) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-
nonafluoro-potassium salt (Chemical Abstracts Service
No. 29420-49-3);
(I) the component associated with the chemical
described in subparagraph (H) (Chemical Abstracts
Service No. 45187-15-3);
(J) heptafluorobutyric acid (Chemical Abstracts
Service No. 375-22-4);
(K) perfluorohexanoic acid (Chemical Abstracts
Service No. 307-24-4);
(L) the compound associated with the chemical
described in subsection (b)(1)(F) identified by Chemical
Abstracts Service No. 2062-98-8;
(M) perfluoroheptanoic acid (commonly referred to as
``PFHpA'') (Chemical Abstracts Service No. 375-85-9);
(N) each perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl substances
for which a method to measure levels in drinking water
has been validated by the Administrator; and
[[Page 133 STAT. 2281]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: Review.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 15 USC 8931.>> DEFINITIONS.
In this subtitle:
[[Page 133 STAT. 2282]]
(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. <<NOTE: 15 USC 8932.>> PERFORMANCE STANDARD FOR THE
DETECTION OF HIGHLY FLUORINATED
COMPOUNDS.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Coordination.>> coordinate as necessary
with the Administrator, including, if appropriate, to
develop methods to detect individual and different
highly fluorinated compounds simultaneously.
SEC. 7333. <<NOTE: 15 USC 8933.>> 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).
[[Page 133 STAT. 2283]]
(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) <<NOTE: Consultation.>> consult with--
(A) <<NOTE: Determination.>> 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. <<NOTE: 15 USC 8934.>> 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. <<NOTE: 15 USC 8935.>> 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 <<NOTE: 15 USC 8951.>> . DEFINITIONS.
In this subtitle:
(1) Contaminant.--The term ``contaminant'' means any
physical, chemical, biological, or radiological substance or
matter in water.
[[Page 133 STAT. 2284]]
(2) Contaminant of emerging concern; emerging contaminant.--
The terms ``contaminant of emerging concern'' and ``emerging
contaminant'' mean a contaminant--
(A) for which the Administrator has not promulgated
a national primary drinking water regulation; and
(B) that may have an adverse effect on the health of
individuals.
(3) Federal research strategy.--The term ``Federal research
strategy'' means the coordinated cross-agency plan for
addressing critical research gaps related to detecting,
assessing exposure to, and identifying the adverse health
effects of emerging contaminants in drinking water developed by
the Office of Science and Technology Policy in response to the
report of the Committee on Appropriations of the Senate
accompanying S. 1662 of the 115th Congress (S. Rept. 115-139).
(4) Technical assistance and support.--The term ``technical
assistance and support'' includes--
(A) assistance with--
(i) identifying appropriate analytical methods
for the detection of contaminants;
(ii) understanding the strengths and
limitations of the analytical methods described in
clause (i);
(iii) troubleshooting the analytical methods
described in clause (i);
(B) providing advice on laboratory certification
program elements;
(C) interpreting sample analysis results;
(D) providing training with respect to proper
analytical techniques;
(E) identifying appropriate technology for the
treatment of contaminants; and
(F) analyzing samples, if--
(i) the analysis cannot be otherwise obtained
in a practicable manner otherwise; and
(ii) the capability and capacity to perform
the analysis is available at a Federal facility.
(5) Working group.--The term ``Working Group'' means the
Working Group established under section 7342(b)(1).
SEC. 7342. <<NOTE: 15 USC 8952.>> RESEARCH AND COORDINATION PLAN
FOR ENHANCED RESPONSE ON EMERGING
CONTAMINANTS.
(a) In General.--The Administrator shall--
(1) <<NOTE: Review.>> 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) <<NOTE: Deadline. Establishment. Analysis.>> 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
[[Page 133 STAT. 2285]]
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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 2286]]
(vi) any other Federal agency that contributes
to research in water quality, environmental
exposures, and public health, as determined by the
Director.
(D) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 2287]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> 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;
[[Page 133 STAT. 2288]]
(II) may--
(aa) <<NOTE: Waiver
authority.>> waive the
application process in an
emergency situation; and
(bb) require an abbreviated
application process for the
continuation of work specified
in a previously approved
application that continues to
meet the criteria described in
clause (ii); and
(III) shall consider the relative
expertise and availability of--
(aa) Federal and non-Federal
laboratory capacity available to
the State;
(bb) analytical resources
available to the State; and
(cc) other types of
technical assistance available
to the State.
(C) Database of available resources.--The
Administrator shall establish and maintain a database of
resources available through the program developed under
subparagraph (A) to assist States with testing for
emerging contaminants that--
(i) is--
(I) available to States and
stakeholder groups determined by the
Administrator to have scientific or
material interest in emerging
contaminants, including--
(aa) drinking water and
wastewater utilities;
(bb) laboratories;
(cc) Federal and State
emergency responders;
(dd) State primacy agencies;
(ee) public health agencies;
and
(ff) water associations;
(II) searchable; and
(III) accessible through the website
of the Administrator; and
(ii) includes a description of--
(I) qualified contract testing
laboratory facilities that conduct
analyses for emerging contaminants; and
(II) the resources available in
Federal laboratory facilities to test
for emerging contaminants.
(D) Water contaminant information tool.--The
Administrator shall integrate the database established
under subparagraph (C) into the Water Contaminant
Information Tool of the Environmental Protection Agency.
(4) Funding.--Of the amounts available to the Administrator,
the Administrator may use not more than $15,000,000 in a fiscal
year to carry out this subsection.
(e) Report.--Not less frequently than once every 2 years until 2029,
the Administrator shall submit to Congress a report that describes the
progress made in carrying out this subtitle.
(f) Effect.--Nothing in this section modifies any obligation of a
State, local government, or Indian Tribe with respect to treatment
methods for, or testing or monitoring of, drinking water.
[[Page 133 STAT. 2289]]
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) <<NOTE: Regulations. Reports.>> 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. <<NOTE: Deadline.>> 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. <<NOTE: Publications. 15 USC 8961. Deadline.>> 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) <<NOTE: Time period.>> Revisions.--The Administrator shall
publish revisions to the interim guidance under subsection (a) as the
Administrator
[[Page 133 STAT. 2290]]
determines to be appropriate, but not less frequently than once every 3
years.
SEC. 7362. <<NOTE: 15 USC 8962.>> PFAS RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, acting through the Assistant
Administrator for the Office of Research and Development, shall--
(1)(A) <<NOTE: Examination.>> further examine the effects
of perfluoroalkyl and polyfluoroalkyl substances on human health
and the environment; and
(B) <<NOTE: Public information.>> 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) <<NOTE: Evaluation.>> 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-- <<NOTE: Caesar Syria Civilian Protection Act of 2019. 22
USC 8791 note.>> 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.
[[Page 133 STAT. 2291]]
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. <<NOTE: Determinations.>> MEASURES WITH RESPECT TO
CENTRAL BANK OF SYRIA.
(a) <<NOTE: Deadline.>> 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) <<NOTE: Consultation.>> 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--
[[Page 133 STAT. 2292]]
(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) <<NOTE: Effective date. President. Determination.>> In
general.--On and after the date that is 180 days after the date
of the enactment of this Act, the President shall impose the
sanctions described in subsection (b) with respect to a foreign
person if the President determines that the foreign person, on
or after such date of enactment, knowingly engages in an
activity described in paragraph (2).
(2) Activities described.--A foreign person engages in an
activity described in this paragraph if the foreign person--
(A) knowingly provides significant financial,
material, or technological support to, or knowingly
engages in a significant transaction with--
(i) the Government of Syria (including any
entity owned or controlled by the Government of
Syria) or a senior political figure of the
Government of Syria;
(ii) a foreign person that is a military
contractor, mercenary, or a paramilitary force
knowingly operating in a military capacity inside
Syria for or on behalf of the Government of Syria,
the Government of the Russian Federation, or the
Government of Iran; or
(iii) a foreign person subject to sanctions
pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) with respect
to Syria or any other provision of law that
imposes sanctions with respect to Syria;
(B) knowingly sells or provides significant goods,
services, technology, information, or other support that
significantly facilitates the maintenance or expansion
of the Government of Syria's domestic production of
natural gas, petroleum, or petroleum products;
(C) knowingly sells or provides aircraft or spare
aircraft parts that are used for military purposes in
Syria for or on behalf of the Government of Syria to any
foreign person operating in an area directly or
indirectly controlled by the Government of Syria or
foreign forces associated with the Government of Syria;
(D) knowingly provides significant goods or services
associated with the operation of aircraft that are used
for military purposes in Syria for or on behalf of the
Government of Syria to any foreign person operating in
an area described in subparagraph (C); or
(E) knowingly, directly or indirectly, provides
significant construction or engineering services to the
Government of Syria.
(3) Sense of congress.--It is the sense of Congress that, in
implementing this section, the President should consider
financial support under paragraph (2)(A) to include the
provision of loans, credits, or export credits.
[[Page 133 STAT. 2293]]
(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) <<NOTE: President.>> 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) <<NOTE: Applicability.>> 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.
[[Page 133 STAT. 2294]]
SEC. 7413. STRATEGY RELATING TO AREAS OF SYRIA IN WHICH CIVILIANS
ARE SUBJECT TO FORCED DISPLACEMENT.
(a) <<NOTE: Deadline. President.>> 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) <<NOTE: President. Determination.>> 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) <<NOTE: Deadline.>> 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
[[Page 133 STAT. 2295]]
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) <<NOTE: Deadline. President. Briefing.>> 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) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 2296]]
(2) to support prosecutions in the domestic courts in Syria.
(c) <<NOTE: Deadline.>> Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary of State shall brief
the Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on assistance provided
under subsection (a).
SEC. 7425. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF
NONGOVERNMENTAL ORGANIZATIONS'
ACTIVITIES AUTHORIZED.
(a) In General.--Except as provided in subsection (b), section
542.516 of title 31, Code of Federal Regulations (relating to certain
services in support of nongovernmental organizations' activities
authorized), as in effect on the day before the date of the enactment of
this Act, shall--
(1) remain in effect on and after such date of enactment;
and
(2) in the case of a nongovernmental organization that is
authorized to export or reexport services to Syria under such
section on the day before such date of enactment, apply to such
organization on and after such date of enactment to the same
extent and in the same manner as such section applied to such
organization on the day before such date of enactment.
(b) Exception.--
(1) In general.--Section 542.516 of title 31, Code of
Federal Regulations, as codified under subsection (a), shall not
apply with respect to a foreign person that has been designated
as a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), or otherwise
designated as a terrorist organization, by the Secretary of
State, in consultation with or upon the request of the Attorney
General or the Secretary of Homeland Security.
(2) <<NOTE: Applicability. Federal Register, publication.>>
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. <<NOTE: President.>> BRIEFING ON STRATEGY TO
FACILITATE HUMANITARIAN ASSISTANCE.
(a) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 2297]]
Subtitle C--General Provisions
SEC. 7431. <<NOTE: President.>> SUSPENSION OF SANCTIONS.
(a) <<NOTE: Time period. Determination.>> 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.
[[Page 133 STAT. 2298]]
(b) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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. <<NOTE: President.>> 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) <<NOTE: Time period. Certification.>> 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) <<NOTE: Deadline.>> 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.--
[[Page 133 STAT. 2299]]
(1) <<NOTE: Time period. Certification.>> 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) <<NOTE: Deadline.>> <<NOTE: President.>> 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. <<NOTE: President.>> 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) <<NOTE: Deadline.>> 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.
[[Page 133 STAT. 2300]]
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-- <<NOTE: Protecting Europe's Energy Security Act of 2019. 22
USC 9526 note.>> PROTECTING EUROPE'S ENERGY SECURITY
Sec. 7501. Short title.
Sec. 7502. Sense of Congress.
Sec. 7503. Imposition of sanctions with respect to provision of certain
vessels for the construction of certain Russian energy export
pipelines.
SEC. 7501. SHORT TITLE.
This title may be cited as the ``Protecting Europe's Energy Security
Act of 2019''.
SEC. 7502. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States and Europe share a common history, a
common identity, and common values built upon the principles of
democracy, rule of law, and individual freedoms;
(2) the United States has encouraged and admired the
European project, which has resulted in a common market and
common policies, has achieved unprecedented prosperity and
stability on the continent, and serves as a model for other
countries to reform their institutions and prioritize
anticorruption measures;
(3) the relationships between the United States and Europe
and the United States and Germany are critical to the national
security interests of the United States as well as to global
prosperity and peace, and Germany in particular is a crucial
partner for the United States in multilateral efforts aimed at
promoting global prosperity and peace;
(4) the United States should stand against any effort
designed to weaken those relationships; and
(5) Germany has demonstrated leadership within the European
Union and in international fora to ensure that sanctions imposed
with respect to the Russian Federation for its malign activities
are maintained.
SEC. 7503. <<NOTE: President.>> IMPOSITION OF SANCTIONS WITH
RESPECT TO PROVISION OF CERTAIN VESSELS
FOR THE CONSTRUCTION OF CERTAIN RUSSIAN
ENERGY EXPORT PIPELINES.
(a) Report Required.--
(1) <<NOTE: Consultation.>> 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
[[Page 133 STAT. 2301]]
the Nord Stream 2 pipeline project, the TurkStream
pipeline project, or any project that is a successor to
either such project; and
(B) <<NOTE: Consultation. Determination.>> 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
[[Page 133 STAT. 2302]]
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) <<NOTE: Certification. Deadline.>> 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) <<NOTE: Determination.>> determines that the
waiver is in the national interests of the United
States; and
(B) <<NOTE: Reports.>> submits to the appropriate
congressional committees a report on the waiver and the
reasons for the waiver.
[[Page 133 STAT. 2303]]
(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) <<NOTE: Determination.>> determines that the
waiver is in the national security interests of the
United States; and
(B) <<NOTE: Reports.>> 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) <<NOTE: Certification.>> 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.
[[Page 133 STAT. 2304]]
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person within the United States.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
Sec. 7601. Short title.
Sec. 7602. Paid parental leave under title 5.
Sec. 7603. Paid parental leave for congressional employees.
Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees.
Sec. 7605. Clarification for members of the National Guard and Reserves.
Sec. 7606. Conforming amendment for certain TSA employees.
Subtitle B--Other Matters
Sec. 7611. Liberian refugee immigration fairness.
Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.
Sec. 7613. Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations.
Subtitle <<NOTE: Federal Employee Paid Leave Act.>> A--Federal Employee
Paid Leave Act
SEC. <<NOTE: 5 USC 101 note.>> 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) <<NOTE: Time periods.>> during the 12-month
period referred to in subsection (a)(1), and in addition
to the 12 administrative
[[Page 133 STAT. 2305]]
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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Certification.>> 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--
[[Page 133 STAT. 2306]]
(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) <<NOTE: 5 USC 6382 note.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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
[[Page 133 STAT. 2307]]
(29 U.S.C. 2612(a)(1))) to which it relates, shall not
accumulate for any subsequent use; and
``(C) <<NOTE: Applicability.>> 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) <<NOTE: 2 USC 1312 note.>> 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) <<NOTE: Time period.>> 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)--
[[Page 133 STAT. 2308]]
``(i) shall be payable from any appropriation
or fund available for salaries or expenses for
positions with the Government Accountability
Office;
``(ii) <<NOTE: Time period.>> if not used by
the employee of such employer before the end of
the 12-month period (as referred to in subsection
(a)(1)) to which it relates, shall not accumulate
for any subsequent use; and
``(iii) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: 29 USC 2611 note.>> 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. <<NOTE: Determinations.>> CLARIFICATION FOR MEMBERS OF
THE NATIONAL GUARD AND RESERVES.
(a) <<NOTE: 5 USC 6382 note.>> 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) <<NOTE: 2 USC 1312 note.>> 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) <<NOTE: 29 USC 2612 note.>> 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)
[[Page 133 STAT. 2309]]
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. <<NOTE: 8 USC 1255 note.>> 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) <<NOTE: Determinations.>> 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.
[[Page 133 STAT. 2310]]
(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) <<NOTE: Applicability.>> In general.--The benefits
provided under subsection (b) shall apply to any alien who--
(A)(i) is a national of Liberia; and
(ii) <<NOTE: Time period.>> 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) <<NOTE: Regulations. Procedures.>> 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
[[Page 133 STAT. 2311]]
(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) <<NOTE: Time period.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 2312]]
administration and enforcement of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) or any other law
relating to immigration, nationality, or naturalization.
(2) Effect of eligibility for adjustment of status.--The
eligibility of an alien to be lawfully admitted for permanent
residence under this section shall not preclude the alien from
seeking any status under any other provision of law for which
the alien may otherwise be eligible.
SEC. 7612. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Conservation pool.--The term ``conservation pool'' means
all land and water of Grand Lake O' the Cherokees, Oklahoma,
below the flood pool.
(3) Flood pool.--The term ``flood pool'' means all land and
water of Grand Lake O' the Cherokees, Oklahoma, allocated for
flood control or navigation by the Secretary pursuant to section
7 of the Flood Control Act of 1944 (33 U.S.C. 709).
(4) Project.--The term ``project'' means the Pensacola
Hydroelectric Project (FERC No. 1494).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Conservation Pool Management.--
(1) Federal land.--Notwithstanding section 3(2) of the
Federal Power Act (16 U.S.C. 796(2)), any Federal land within
the project boundary, including any right, title, or interest in
or to land held by the United States for any purpose, shall
not--
(A) be subject to the first proviso in section 4(e)
of the Federal Power Act (16 U.S.C. 797(e)); or
(B) be considered to be--
(i) land or other property of the United
States for purposes of recompensing the United
States for the use, occupancy, or enjoyment of the
land under section 10(e)(1) of that Act (16 U.S.C.
803(e)(1)); or
(ii) land of the United States for purposes of
section 24 of that Act (16 U.S.C. 818).
(2) License conditions.--
(A) In general.--Except as may be required by the
Secretary to carry out responsibilities under section 7
of the Flood Control Act of 1944 (33 U.S.C. 709), the
Commission or any other Federal or State agency shall
not include in any license for the project any condition
or other requirement relating to--
(i) surface elevations of the conservation
pool; or
(ii) the flood pool (except to the extent it
references flood control requirements prescribed
by the Secretary).
(B) Exception.--Notwithstanding subparagraph (A),
the project shall remain subject to the Commission's
rules and regulations for project safety and protection
of human health.
(3) Project scope.--
[[Page 133 STAT. 2313]]
(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) <<NOTE: Deadline. Evaluation.>> 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. <<NOTE: Reports.>> 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
[[Page 133 STAT. 2314]]
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) <<NOTE: Applicability.>> 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
[[Page 133 STAT. 2315]]
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) <<NOTE: Time period.>> 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) <<NOTE: Determination.>> 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
[[Page 133 STAT. 2316]]
the safety of rail fixed guideway public transportation
systems.''.
Approved December 20, 2019.
LEGISLATIVE HISTORY--S. 1790 (H.R. 2500):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 116-120 and Pt. 2 (both from Comm. on Armed
Services) accompanying H.R. 2500 and 116-333 (Comm. of Conference).
SENATE REPORTS: No. 116-48 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 165 (2019):
June 24-27, Sept. 12, considered and passed Senate.
Sept. 17, considered and passed House, amended.
Dec. 11, House agreed to conference report.
Dec. 12, 16, 17, Senate considered and agreed to conference
report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
Dec. 20, Presidential remarks and statement.
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