[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
c