---
kind: "diff"
citation: "H.R. 2500"
bill: "116-hr-2500"
heading: "National Defense Authorization Act for Fiscal Year 2020"
from: "rh"
from_label: "Reported in House"
to: "eh"
to_label: "Engrossed in House"
sections_amended: 95
sections_added: 430
sections_removed: 3
url: "https://uscodex.org/bills/116/hr/2500/changes/eh"
---

# H.R. 2500 — what changed

H.R. 2500, National Defense Authorization Act for Fiscal Year 2020 — 95 sections amended, 430 added, and 3 removed between Reported in House and Engrossed in House.

Edits are marked `<del>struck</del>` and `<ins>inserted</ins>`.

## Sec. 119 Report on plans to support and maintain aircraft at Marine Corps air stations — added

- (a) <ins>Report required—</ins> <ins>No later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the plans of the Secretary to support and maintain aircraft assigned to Marine Corps air stations that are transitioning from the F–18 Hornet aircraft to the F–35 Lightning aircraft.</ins>
- (b) <ins>Elements—</ins> <ins>The report under subsection (a) shall include—</ins>
  - (1) <ins>the number and composition of squadrons assigned to each air station;</ins>
  - (2) <ins>the support and maintenance workforce, including uniformed military, civilian, and contract personnel; and</ins>
  - (3) <ins>the construction of aircraft and support facilities associated with the beddown of F–35 aircraft at each air station.</ins>

## Sec. 128 Increase in funding for RC–135 aircraft — added

- (a) <ins>Increase for RC–135—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, other aircraft, RC–135, line 055 is hereby increased by $171,000,000.</ins>
- (b) <ins>Increase for DARP RC–135—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for other procurement, Air Force, special support projects, DARP RC135, line 063 is hereby increased by $29,000,000.</ins>
- (c) <ins>Offsets—</ins> <ins></ins>
  - (1) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Defense Contract Management Agency, line 200 is hereby reduced by $25,000,000.</ins>
  - (2) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Office of the Secretary of Defense, line 460 is hereby reduced by $25,000,000.</ins>
  - (3) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Initial Spares/Repair Parts, line 069 is hereby reduced by $40,000,000.</ins>
  - (4) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Other Production Charges, line 088 is hereby reduced by $33,000,000.</ins>
  - (5) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Flares, line 015 is hereby reduced by $14,000,000.</ins>
  - (6) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Global Vigilance and Combat Systems, line 130 is hereby reduced by $25,000,000.</ins>
  - (7) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Global Battle Management, line 133 is hereby reduced by $16,000,000.</ins>
  - (8) <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Capability Integration, line 134 is hereby reduced by $22,000,000.</ins>

## Sec. 129 Provisions relating to RC–26B manned intelligence, surveillance, and reconnaissance aircraft — added

- (a) <ins>Limitation of funds—</ins> <ins>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 on backup aircraft inventory status, any RC–26B 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—</ins>
  - (1) <ins>technologies or platforms other than the RC–26B aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–26B aircraft; and</ins>
  - (2) <ins>the capacity and capabilities of such other technologies or platforms meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the operational environment, and direct support for kinetic and non-kinetic operations.</ins>
- (b) <ins>Exception—</ins> <ins>The limitation in subsection (a) shall not apply to individual RC–26 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.</ins>
- (c) <ins>Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform—</ins> <ins></ins>
  - (1) <ins>Of the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in 4301, for operation and maintenance, Air National Guard, the Secretary of the Air Force may transfer up to $15,000,000 for the purposes of the RC–26B manned intelligence, surveillance, and reconnaissance platform.</ins>
  - (2) <ins>Of the amount authorized to be appropriated in section 421 for military personnel, as specified in the corresponding funding table in 4401, the Secretary of the Air Force may transfer up to $16,000,000 from military personnel, Air National Guard for personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.</ins>
- (d) <ins>Memorandum of agreement—</ins> <ins>Notwithstanding any other provision of law, the Chief of the National Guard Bureau may enter into one or more Memorandum of Agreement with other Federal entities for the purposes of assisting with the missions and activities of such entities.</ins>
- (e) <ins>Air Force report—</ins> <ins>Not later than 90 days after enactment of this Act, the Secretary of the Air Force shall submit to congressional defense committees a report detailing the manner in which the Secretary would provide manned and unmanned intelligence, surveillance, and reconnaissance mission support or manned and unmanned incident awareness and assessment mission support to military and non-military entities in the event the RC–26B is divested. The Secretary shall include a determination regarding whether or not this support would be commensurate with that which the RC–26B is able to provide. The Secretary, in consultation with the Chief of the National Guard Bureau shall also contact and survey the support requirements of other Federal agencies and provide an assessment for potential opportunities to enter into one or more Memorandum of Agreements with such agencies for the purposes of assisting with the missions and activities of such entities, such as domestic or, subject to legal authorities, foreign operations, including but not limited to situational awareness, damage assessment, evacuation monitoring, search and rescue, chemical, biological, radiological, and nuclear assessment, hydrographic survey, dynamic ground coordination, and cyberspace incident response.</ins>

## Sec. 130 Air Force Aggressor Squadron Modernization — added

- (a) <ins>Sense of the House of Representatives—</ins> <ins>It is the sense of the House of Representatives that—</ins>
  - (1) <ins>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;</ins>
  - (2) <ins>in order to have this capability, Air Force must have access to an advanced adversary force prior to United States adversaries fielding a 5th-generation operational capability; and</ins>
  - (3) <ins>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.</ins>
- (b) <ins>Report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>No later than 6 months prior to the transfer of any low-rate initial production F–35 aircraft for use as aggressor aircraft, the Chief of Staff of the Air Force shall submit to the congressional defense committees, and the Member of Congress and the Senators who represent bases from where aircraft may be transferred, a comprehensive plan and report on the strategy for modernizing the organic aggressor fleet.</ins>
  - (2) <ins>Elements—</ins> <ins>The report required under paragraph (1) shall include the following elements:</ins>
    - (A) <ins>Potential locations for F–35A aggressor aircraft, including an analysis of installations that—</ins>
      - (i) <ins>have the size and availability of airspace necessary to meet flying operations requirements;</ins>
      - (ii) <ins>have sufficient capacity and availability of range space;</ins>
      - (iii) <ins>are capable of hosting advanced-threat training exercises; and</ins>
      - (iv) <ins>meet or require minimal addition to the environmental requirements associated with the basing action.</ins>
    - (B) <ins>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.</ins>
    - (C) <ins>An analysis of the cost and timelines associated with modernizing the current Air Force aggressor squadrons to include upgrading aircraft’s 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.</ins>
    - (D) <ins>Any costs associated with moving the aircraft.</ins>
    - (E) <ins>Any jobs on the relevant military installation that may be affected by said changes.</ins>

## Sec. 130A Open Skies Treaty aircraft recapitalization program — added

- (a) <ins>In general—</ins> <ins>The Secretary of the Air Force shall ensure that any Request for Proposals for the procurement of an OC–135B aircraft under the Open Skies Treaty aircraft recapitalization program meets the requirements for full and open competition as set forth in section 2304 of title 10, United States Code, and incorporates a full competitive bidding process, to include both new production aircraft and recently manufactured low-hour, low-cycle aircraft</ins>
- (b) <ins>Open Skies Treaty Defined—</ins> <ins>The term “Open Skies Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.</ins>

## Sec. 134 Requirement to seek compensation for failure to deliver non-Ready-For-Issue spare parts for the F–35 aircraft program — added

- <ins>The Secretary of Defense shall take such action as necessary to seek compensation from the contractor for costs related to the failure to deliver non-Ready-For-Issue spare parts for the F–35 aircraft program as described in described in the report titled “Audit of F–35 Ready-For-Issue Spare Parts and Sustainment Performance Incentive Fees” (DODIG–2019–094) issued by the Department of Defense Inspector General on June 13, 2019.</ins>

## Sec. 135 Procurement authority for light attack aircraft — added

- (a) <ins>Procurement authority for Combat Air Advisor support—</ins> <ins>Subject to subsection (b), the Commander of the United States Special Operations Command may procure light attack aircraft for Combat Air Advisor mission support.</ins>
- (b) <ins>Certification required—</ins> <ins>The Commander of the United States Special Operations Command may not procure light attack aircraft under subsection (a) until a period of 60 days has elapsed following the date on which the Commander certifies to the congressional defense committees that a mission capability gap and special-operations-forces-peculiar acquisition requirement exists which can be mitigated with procurement of a light attack aircraft capability.</ins>
- (c) <ins>Authority to use or transfer funds made available for Light Attack Aircraft experiments—</ins> <ins>The Secretary of the Air Force shall use or transfer amounts authorized to be appropriated by this Act for Light Attack Aircraft experiments to procure the required quantity of aircraft for—</ins>
  - (1) <ins>Air Combat Command’s Air Ground Operations School; and</ins>
  - (2) <ins>Air Force Special Operations Command for Combat Air Advisor mission support in accordance with subsection (a).</ins>

## Sec. 215 Contract for national security research studies

- (a) Contract authority— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center under which the private scientific advisory group known as “JASON” will provide national security research studies to the Department of Defense.
- (b) Terms of contract— The contract entered into under subsection (a) shall be an indefinite delivery-indefinite quantity contract with terms substantially similar to the terms of the contract in effect before March 28, 2019, under which JASON provided national security research studies to the Department of Defense (solicitation number <del>HQ0034-19-R-0011 </del><ins>HQ0034–19–R–0011 </ins>for JASON National Security Research Studies).
- (c) Termination— The Secretary of Defense may not terminate the contract under subsection (a) until a period of <del>90 </del><ins>180 </ins>days has elapsed following the date on which the Secretary notifies the congressional defense committees of the intent of the Secretary to terminate the <del>contract.</del><ins>contract and receives approval for such termination from the committees.</ins>

## Sec. 216 JASON Scientific Advisory Group

- Pursuant to section 173 of title 10, United States Code, the Secretary of Defense shall seek to engage the members of the private scientific advisory group <ins>to multiple Federal agencies </ins>known as “JASON” as advisory personnel to provide advice, on an ongoing basis, on matters involving science, technology, and national security, including methods to defeat existential and technologically-amplified threats to national security.

## Sec. 217 Direct Air Capture and Blue Carbon Removal Technology Program

- (a) Program authorized—
  - (1) In general— The Secretary of Defense, in coordination with the Secretary of Homeland Security, the Secretary of Energy, and the heads of such other Federal agencies as the Secretary of Defense considers appropriate, may carry out a program on research, development, testing, evaluation, study, and demonstration of technologies related to blue carbon capture and direct air capture.
  - (2) Program goals— The goals of the program established under paragraph (1) are as follows:
    - (A) To develop technologies that capture carbon dioxide from seawater and the air to turn such carbon dioxide into clean fuels to enhance fuel and energy security.
    - (B) To develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses.
    - (C) To develop direct air capture technologies for use—
      - (i) at military installations or facilities of the Department of Defense; or
      - (ii) in modes of transportation by the Navy or the Coast Guard.
  - (3) Phases— The program established under paragraph (1) shall be carried out in two phases as follows:
    - (A) The first phase may consist of research and development and shall be carried out as described in subsection (b).
    - (B) The second phase shall consist of testing and evaluation and shall be carried out as described in subsection (c), if the Secretary determines that the results of the research and development phase justify implementing the testing and evaluation phase.
  - (4) Designation— The program established under paragraph (1) shall be known as the “Direct Air Capture and Blue Carbon Removal Technology Program” (in this section referred to as the “Program”).
- (b) Research and development phase—
  - (1) In general— During the research and development phase of the Program, the Secretary of Defense may conduct research and development in pursuit of the goals set forth in subsection (a)(2).
  - (2) Direct air capture— The research and development phase of the Program may include, with respect to direct air capture, a front end engineering and design study that includes an evaluation of direct air capture designs to produce fuel for use—
    - (A) at military installations or facilities of the Department of Defense; or
    - (B) in modes of transportation by the Navy or the Coast Guard.
  - (3) Duration— The Secretary may carry out the research and development phase of the Program commencing not later than 90 days after the date of the enactment of this Act.
  - (4) Grants authorized— The Secretary may carry out the research and development phase of the Program through the award of grants to private persons and eligible laboratories.
  - (5) Report required— Not later than 180 days after the date of the completion of the research and development phase of the Program, the Secretary shall submit to Congress a report on the research and development carried out under the Program.
- (c) Testing and evaluation phase—
  - (1) In general— During the testing and evaluation phase of the Program, the Secretary may, in pursuit of the goals set forth in subsection (a)(2), conduct tests and evaluations of the technologies researched and developed during the research and development phase of the Program.
  - (2) Direct air capture— The testing and evaluation phase of the Program may include demonstration projects for direct air capture to produce fuel for use—
    - (A) at military installations or facilities of the Department of Defense; or
    - (B) in modes of transportation by the Navy or the Coast Guard.
  - (3) Duration— Subject to subsection (a)(3)(B), the Secretary may carry out the testing and evaluation phase of the Program commencing on the date of the completion of the research and development phase described in subsection (b), except that the testing and evaluation phase of the Program with respect to direct air capture may commence at such time after a front end engineering and design study demonstrates to the Secretary that commencement of such phase is appropriate.
  - (4) Grants authorized— The Secretary may carry out the testing and evaluation phase of the Program through the award of grants to private persons and eligible laboratories.
  - (5) Locations— The Secretary shall carry out the testing and evaluation phase of the Program at military installations or facilities of the Department of Defense.
  - (6) Report required— Not later than September 30, 2026, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the effectiveness of the technologies tested and evaluated under the Program.
- (d) Definitions— In this section:
  - (1) Blue carbon capture— The term blue carbon capture means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems.
  - (2) Direct air capture—
    - (A) In general— The term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
    - (B) Exclusion— The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—
      - (i) that is deliberately released from a naturally occurring subsurface spring; or
      - (ii) using natural photosynthesis.
  - (3) Eligible laboratory— The term “eligible laboratory” means—
    - (A) a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
    - (B) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law <del>111–84 ; </del><ins>111–84; </ins>10 U.S.C. 2358 note));
    - (C) the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and
    - (D) other facilities that support the research development, test, and evaluation activities of the Department of Defense or Department of Energy.

## Sec. 225 Process to align policy formulation and emerging technology development

- (a) Alignment of policy and technological development— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process to ensure that the policies of the Department of Defense relating to emerging technology are formulated and updated continuously as such technology is developed by the Department.
- (b) Elements— As part of the process established under subsection (a), the Secretary shall—
  - (1) specify the role of each covered official in ensuring that the formulation of policies relating to emerging technology is carried out concurrently with the development of such technology;
  - (2) establish mechanisms to ensure that the Under Secretary of Defense for Policy has the information and resources necessary to continuously formulate and update policies relating to emerging technology, including by directing the organizations and entities of the Department of Defense responsible for the development such technology—
    - (A) to share information with the Under Secretary;
    - (B) to communicate plans for the fielding and use of emerging technology to the Under Secretary; and
    - (C) to coordinate activities relating to such technology with the Under <del>Secretary; and</del><ins>Secretary;</ins>
  - (3) incorporate procedures for the legal review of—
    - (A) weapons that incorporate emerging technology; and
    - (B) treaties that may be affected by such <del>technology.</del><ins>technology; and</ins>
  - (4) <ins>ensure that emerging technologies procured and used by the military will be tested, as applicable, for algorithmic bias and discriminatory outcomes.</ins>
- (c) Reports required—
  - (1) Interim report— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in carrying out subsection (a).
  - (2) Final report— Not later than 30 days after date on which the Secretary of Defense establishes the process required under subsection (a), the Secretary shall submit to the congressional defense committees a report that describes such process.
- (d) Definitions— In this section:
  - (1) The term “covered official” means the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Policy, the commanders of the combatant commands, and the Secretaries of the military departments.
  - (2) The term “emerging technology” means technology determined to be in an emerging phase of development by the Secretary of Defense and includes quantum computing, technology for the analysis of large and diverse sets of data (commonly known as “big data analytics”), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, and biotechnology.

## Sec. 227 Sense of Congress on the importance of continued coordination of studies and analysis research of the Department of Defense — added

- <ins>It is the sense of Congress that the Secretary of Defense shall continue to work to create a Department of Defense-wide process under which the heads of the military departments and Defense Agencies responsible for managing requests for studies and analysis research coordinate annual research requests and ongoing research efforts to optimize both the benefits to the Department and the efficiency of the research.</ins>

## Sec. 228 Global positioning system modernization — added

- (a) <ins>Designation of responsible entity—</ins> <ins>As part of the efforts the Department of Defense with respect to GPS military code (commonly known as “M-code”) receiver card acquisition planning, the Secretary of Defense shall designate an entity within the Department to have principal responsibility for—</ins>
  - (1) <ins>systematically collecting integration test data, lessons learned, and design solutions relating to M-code receiver cards;</ins>
  - (2) <ins>making such data, lessons learned, and design solutions available to all programs expected to integrate M-code receiver cards.</ins>
- (b) <ins>Additional measures—</ins> <ins>In carrying out subsection (a), the Secretary of Defense shall—</ins>
  - (1) <ins>take such actions as are necessary to reduce duplication and fragmentation in the implementation of M-code receiver card modernization across the Department;</ins>
  - (2) <ins>clarify the role of the Chief Information Officer in leading the M-code receiver card modernization effort; and</ins>
  - (3) <ins>ensure that the Department’s Positioning, Navigation, and Timing Enterprise Oversight Council will collect integration test data, designs solutions, and lessons learned, and confirm that such additional steps are taking place.</ins>

## Sec. 229 Musculoskeletal injury prevention research — added

- (a) <ins>Program required—</ins> <ins>The Secretary of Defense shall carry out a program on musculoskeletal injury prevention research to identify risk factors for musculoskeletal injuries among members of the Armed Forces and to create a better understanding for adaptive bone formation during initial entry military training.</ins>
- (b) <ins>Funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, applied research, medical technology, line 040 (PE 0602787A) is hereby increased by $4,800,000 (with the amount of such increase to be made available to carry out the program on musculoskeletal injury prevention research under subsection (a)).</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for shipbuilding and conversion, Navy, ship to shore connector, line 024 is hereby reduced by $4,800,000.</ins>

## Sec. 230 STEM jobs action plan — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>Jobs in science, technology, engineering, and math in addition to maintenance and manufacturing (collectively referred to in this section as “STEM”) make up a significant portion of the workforce of the Department of Defense.</ins>
  - (2) <ins>These jobs exist within the organic industrial base, research, development, and engineering centers, life-cycle management commands, and logistics centers of the Department.</ins>
  - (3) <ins>Vital to the continued support of the mission of all of the military services, the Department needs to maintain its STEM workforce.</ins>
  - (4) <ins>It is known that the demographics of personnel of the Department indicate that many of the STEM personnel of the Department will be eligible to retire in the next few years.</ins>
  - (5) <ins>Decisive action is needed to replace STEM personnel as they retire to ensure that the military does not further suffer a skill and knowledge gap and thus a serious readiness gap.</ins>
- (b) <ins>Assessments and plan of action—</ins> <ins>The Secretary of Defense, in conjunction with the Secretary of each military department, shall—</ins>
  - (1) <ins>perform an assessment of the STEM workforce for organizations within the Department of Defense, including the numbers and types of positions and the expectations for losses due to retirements and voluntary departures;</ins>
  - (2) <ins>identify the types and quantities of STEM jobs needed to support future mission work;</ins>
  - (3) <ins>determine the shortfall between lost STEM personnel and future requirements;</ins>
  - (4) <ins>analyze and explain the appropriateness and impact of using reimbursable and working capital fund dollars for new STEM hires;</ins>
  - (5) <ins>identify a plan of action to address the STEM jobs gap, including hiring strategies and timelines for replacement of STEM employees; and</ins>
  - (6) <ins>deliver to Congress, not later than December 31, 2020, a report specifying such plan of action.</ins>

## Sec. 230A Sense of Congress on future vertical lift technologies — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>As the United States enters an era of great power competition, the Army must appropriately modernize its aircraft fleet.</ins>
  - (2) <ins>Specifically, investments in maturation technologies to accelerate the deployment of future vertical lift programs is paramount.</ins>
  - (3) <ins>Technology designs and prototypes must be converted into production-ready articles for effective fielding.</ins>
  - (4) <ins>Congress is concerned that the Army is not adequately resourcing programs to improve pilot situational awareness, increase flight operations safety, and diminish operation and maintenance costs.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that the Army should to continue to invest in research, development, test, and evaluation programs to mature future vertical lift technologies.</ins>

## Sec. 230B Modification of defense quantum information science and technology research and development program — added

- <ins>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—</ins>
- (1) <ins>in subsection (c)—</ins>
  - (A) <ins>in paragraph (2), by striking the semicolon at the end and inserting</ins>
    - <ins>“(A) the National Quantum Coordination Office;</ins>
    - <ins>“(B) the subcommittee on Quantum Information Science and the subcommittee on Economic and Security Implications of Quantum Science of the National Science and Technology Council;</ins>
    - <ins>“(C) the Quantum Economic Development Consortium;</ins>
    - <ins>“(D) the Under Secretary of Defense for Acquisition and Sustainment;</ins>
    - <ins>“(E) the Industrial Policy office of the Department of Defense;</ins>
    - <ins>“(F) industry;</ins>
    - <ins>“(G) academic institutions; and</ins>
    - <ins>“(H) national laboratories;”</ins>
  - (B) <ins>by redesignating paragraphs (3) and (4) as paragraphs (5) and (8), respectively;</ins>
  - (C) <ins>by inserting after paragraph (2) the following new paragraphs:</ins>
    - <ins>“(3) develop, in coordination with the entities listed in paragraph (2), plans for workforce development, enhancing awareness and reducing risk of cybersecurity threats, and the development of ethical guidelines for the use of quantum technology;</ins>
    - <ins>“(4) develop, in coordination with the National Institute of Standards and Technology, a quantum science taxonomy and requirements for technology and standards;”</ins>
  - (D) <ins>in paragraph (5) (as so redesignated), by striking “and” at the end;</ins>
  - (E) <ins>by inserting after paragraph (5) (as so redesignated) the following new paragraphs:</ins>
    - <ins>“(6) support efforts to increase the technology readiness level of quantum technologies under development in the United States;</ins>
    - <ins>“(7) coordinate quantum technology initiatives with allies of the United States, including by coordinating with allies through The Technical Cooperation Program; and”</ins>
  - (F) <ins>in paragraph (8) (as so redesignated), by striking “meeting the long-term challenges and achieving the specific technical goals” and inserting “carrying out the program required by subsection (a)”; and</ins>
- (2) <ins>in subsection (d)—</ins>
  - (A) <ins>by redesignating subparagraphs (C) through (E) as subparagraphs (E) through (G), respectively; and</ins>
  - (B) <ins>by inserting after subparagraph (B) the following new subparagraphs:</ins>
    - <ins>“(C) A quantum technology roadmap indicating the likely timeframes for development and military deployment of quantum technologies, and likely relative national security impact of such technologies.</ins>
    - <ins>“(D) A description of efforts to update classification and cybersecurity practices surrounding quantum technology, including—</ins>
    - <ins>“(i) security processes and requirements for engagement with allied countries; and</ins>
    - <ins>“(ii) a plan for security-cleared workforce development.”</ins>

## Sec. 230C Trusted supply chain and operational security standards for microelectronics — added

- (a) <ins>Trusted Supply Chain and Operational Security Standards—</ins> <ins></ins>
  - (1) <ins>Standards required—</ins> <ins>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.</ins>
  - (2) <ins>Consultation required—</ins> <ins>In developing standards under paragraph (1), the Secretary shall consult with the following:</ins>
    - (A) <ins>The Secretary of Homeland Security, the Secretary of State, the Secretary of Commerce, and the Director of the National Institute of Standards and Technology.</ins>
    - (B) <ins>Suppliers of microelectronics products and services from the United States and allies and partners of the United States.</ins>
    - (C) <ins>Representatives of major United States industry sectors that rely on a trusted supply chain and the operational security of microelectronics products and services.</ins>
    - (D) <ins>Representatives of the United States insurance industry.</ins>
  - (3) <ins>Tiers of trust and security authorized—</ins> <ins>In carrying out paragraph (1), the Secretary may establish tiers of trust and security within the supply chain and operational security standards for microelectronics products and services.</ins>
  - (4) <ins>General applicability—</ins> <ins>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 and commercial industry.</ins>
  - (5) <ins>Annual review—</ins> <ins>Not later than October 1 of each year, the Secretary shall review the standards established pursuant to paragraph (1) and issue updates or modifications as the Secretary considers necessary or appropriate.</ins>
- (b) <ins>Ensuring Ability to Sell Commercially—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary shall, to the greatest extent practicable, ensure that suppliers of microelectronics products for the Federal Government who meet the standards established under subsection (a) are able and incentivized to sell products commercially that are produced on the same production lines as the microelectronics products supplied to the Federal Government.</ins>
  - (2) <ins>Effect of requirement and acquisitions—</ins> <ins>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.</ins>
- (c) <ins>Maintaining Competition and Innovation—</ins> <ins>The Secretary shall take such actions as the Secretary considers necessary and appropriate, within the Secretary's authorized activities to maintain the health of the defense industrial base, to ensure that—</ins>
  - (1) <ins>providers of microelectronics products and services that meet the standards established under subsection (a) are exposed to competitive market pressures to achieve competitive pricing and sustained innovation; and</ins>
  - (2) <ins>the industrial base of microelectronics products and services that meet the standards established under subsection (a) includes providers producing in or belonging to countries that are allies or partners of the United States.</ins>

## Sec. 232 Master plan for infrastructure required to support research, development, test, and evaluation missions

- (a) Plan required— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a master plan that addresses the research, development, test, and evaluation infrastructure and modernization requirements of the Department of Defense, including the science and technology reinvention laboratories and the facilities of the Major Range and Test Facility Base.
- (b) <ins>Earthquake-Damaged infrastructure restoration master plan—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>In the case of any base damaged by the July 2019 earthquakes within the R–2508 Special Use Airspace Complex (including U.S. Air Force Plant 42), the Secretary of Defense shall complete and submit to the congressional defense committees the master plan required by subsection (a), by not later than October 1, 2019. If additional funding is required to repair or improve the installations’ research, development, test, evaluation, training, and related infrastructure to a modern standard as a result of damage caused by the earthquakes, the request for funding shall be made in either a disaster or supplemental appropriations request to Congress or the Secretary of Defense shall include the request for funding in the annual budget submission of the President under section 1105(a) of title 31, United States Code, whichever comes first. The request for additional funding may be included in both requests if appropriate.</ins>
  - (2) <ins>Policy of the United States—</ins> <ins></ins>
    - (A) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
      - (i) <ins>the military installations located within the R–2508 Special Use Airspace Complex, including Edwards Air Force Base, Fort Irwin, and Naval Air Weapons Station China Lake, are national assets of critical importance to our country's defense system;</ins>
      - (ii) <ins>the R–2508 Special Use Airspace Complex is comprised of all airspace and associated land used and managed by the 412 Test Wing at Edwards Air Force Base, the National Training Center at Fort Irwin, and the Naval Air Warfare Center Weapons Division at China Lake, California;</ins>
      - (iii) <ins>the essential research, development, test, and evaluation missions conducted at Edwards Air Force Base and Naval Air Weapons Station China Lake, along with the critical combat preparation training conducted at Fort Irwin, make these installations vital cornerstones within our National Defense architecture integrating all operational domains, air, land, sea, space, and cyberspace;</ins>
      - (iv) <ins>any damage to these military installations caused by the earthquakes and the negative impact on the installations’ missions as a result are a cause for concern;</ins>
      - (v) <ins>the proud men and women, both in uniform and their civilian counterparts, who work at these military installations develop, test, and evaluate the best tools and impart the training needed for our warfighters, so that our military remains second to none;</ins>
      - (vi) <ins>in light of the earthquakes in July 2019, the Secretary of Defense should reprogram or marshal, to the fullest extent the law allows, all available resources that are necessary and appropriate to ensure—</ins>
        - (I) <ins>the safety and security of the base employees, both civilian and those in uniform, including those who have been evacuated;</ins>
        - (II) <ins>the bases are mission capable; and</ins>
        - (III) <ins>that all the damage caused by any earthquake is repaired and improved as expeditiously as possible.</ins>
    - (B) <ins>Policy—</ins> <ins>It is the policy of the United States, when planning or making repairs on military installations damaged by natural disasters, the current and future requirements of these military installations, as identified in the National Defense Strategy, shall, to the fullest extent practical, be made.</ins>
- (c) [was (3)] 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) [was (3)(3)] A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department—
    - (A) [was (3)(3)(2)] to meet current and future military requirements identified in the National Defense Strategy;
    - (B) [was (3)(3)(3)] to support science and technology development and acquisition programs; and
    - (C) [was (3)(3)(4)] to recruit and train qualified personnel.
  - (2) [was (3)(4)] A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure—
    - (A) [was (3)(4)(2)] to improve operations in a manner that may benefit all users;
    - (B) [was (3)(4)(3)] to enhance the overall capabilities of the research, development, test, and evaluation infrastructure, including facilities and resources;
    - (C) [was (3)(4)(4)] to improve safety for personnel and facilities; and
    - (D) [was (3)(4)(5)] to reduce the long-term cost of operation and maintenance.
  - (3) [was (3)(5)] Identification of specific infrastructure projects that are required to address the infrastructure deficiencies identified under paragraph (1) or to support the existing and emerging mission areas identified under paragraph (2).
  - (4) [was (3)(6)] For each project identified under paragraph (3)—
    - (A) [was (3)(6)(2)] a description of the scope of work;
    - (B) [was (3)(6)(3)] a cost estimate;
    - (C) [was (3)(6)(4)] a summary of the plan for the project;
    - (D) [was (3)(6)(5)] an explanation of the level of priority that will be given to the project; and
    - (E) [was (3)(6)(6)] a schedule of required infrastructure investments.
  - (5) [was (3)(7)] 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) [was (3)(7)(2)] military construction authority under section 2802 of title 10, United States Code;
    - (B) [was (3)(7)(3)] unspecified minor military construction authority under section 2805(a) of such title;
    - (C) [was (3)(7)(4)] laboratory revitalization authority under section 2805(d) of such title;
    - (D) [was (3)(7)(5)] the authority to carry out facility repair projects, including the conversion of existing facilities, under section 2811 of such title;
    - (E) [was (3)(7)(6)] 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) [was (3)(7)(7)] methods that leverage funding from entities outside the Department, including public-private partnerships, enhanced use leases, real property exchanges; and
    - (G) [was (3)(7)(8)] any other authorities and methods determined to be appropriate by the Secretary of Defense.
  - (6) <ins>An updated description of real property asset military construction needs at MRTFBs compared to those reported by the Department of Defense in response to House Report 114–102, to accompany H.R. 1735, the National Defense Authorization Act of Fiscal Year 2016.</ins>
  - (7) <ins>An assessment of the Department of Defense Test and Resource Management Center's ability to support testing for future warfare needs at MRTFBs, including those identified in the Department of Defense 2018 National Defense Strategy.</ins>
  - (8) [was (3)(8)] Identification of any statutory, regulatory, or policy barriers to implementing the master plan and regulatory, policy, or legislative proposals to address such barriers.
- (d) [was (4)] Consultation and use of contract authority— In implementing the plan required under subsection (a), the Secretary of Defense shall—
  - (1) [was (4)(3)] consult with existing and anticipated users of the Major Range and Test Facility Base; and
  - (2) [was (4)(4)] consider using the contract authority provided to the Secretary under section 2681 of title 10, United States Code.
- (e) [was (5)] Submission to Congress— Not later than October 30, 2020, the Secretary of Defense shall submit to the congressional defense committees the master plan developed under subsection (a).
- (f) [was (6)] Research and development infrastructure defined— In this section, the term “research, development, test, and evaluation infrastructure” means the infrastructure of—
  - (1) <ins>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));</ins>
  - (2) <ins>the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code);</ins>
  - (3) <ins>other facilities that support the research development, test, and evaluation activities of the Department; and</ins>
  - (4) <ins>the United States Naval Observatory (as described in section 8715 of title 10, United States Code).</ins>
  - (1) <del>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));</del>
  - (2) <del>the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and</del>
  - (3) <del>other facilities that support the research development, test, and evaluation activities of the Department.</del>

## Sec. 235 Artificial intelligence education strategy

- (a) Strategy required—
  - (1) In general— The Secretary of Defense shall develop a strategy for educating service members in relevant occupational fields on matters relating to artificial intelligence.
  - (2) Elements— The strategy developed under subsection (a) shall include a curriculum designed to give service members a basic knowledge of artificial intelligence. The curriculum shall include instruction in—
    - (A) artificial intelligence design;
    - (B) software coding;
    - (C) potential military applications for artificial intelligence;
    - (D) the impact of artificial intelligence on military strategy and doctrine;
    - (E) artificial intelligence decisionmaking via machine learning and neural networks;
    - (F) ethical issues relating to artificial intelligence;
    - (G) the potential biases of artificial intelligence;
    - (H) potential weakness in artificial intelligence <del>technology; and</del><ins>technology;</ins>
    - (I) <ins>opportunities and risks; and</ins>
    - (J) [was (2)(3)(11)] any other matters the Secretary of Defense determines to be relevant.
- (b) Implementation plan—
  - (1) In general— The Secretary of Defense shall develop a plan for implementing the strategy developed under subsection (a).
  - (2) Elements— The implementation plan required under paragraph (1) shall identify the following:
    - (A) The military occupational specialties (applicable to enlisted members and officers) that are most likely to involve interaction with artificial intelligence technology.
    - (B) The specific occupational specialties that will receive training in accordance with the curriculum described in subsection (a)(2).
    - (C) The duration of the training.
    - (D) The context in which the training will be provided, which may include basic training, occupationally specific training, and professional military education.
    - (E) Metrics for evaluating the effectiveness of the training and curriculum.
    - (F) Any other issues the Secretary of Defense determines to be relevant.
- (c) Submittal to Congress— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees—
  - (1) the strategy developed under subsection (a); and
  - (2) the implementation plan developed under subsection (b).

## Sec. 239 Technology and national security fellowship

- (a) Fellowship program—
  - (1) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, may establish a civilian fellowship program designed to place eligible individuals within the Department of Defense to increase the number of national security professionals with science, technology, engineering, and mathematics credentials employed by the Department.
  - (2) Designation— The fellowship program established under paragraph (1) shall be known as the “Technology and National Security Fellowship” (in this section referred to as the “fellows program”).
  - (3) Employment— Fellows will be assigned to a one year tour of duty within the Department of Defense.
  - (4) Pay and benefits— An individual assigned to a position under the fellows program shall be compensated at the rate of compensation for employees at level <del>GS-10 </del><ins>GS–10 </ins>of the General Schedule, and shall be treated as an employee of the United States during the term of assignment.
- (b) Eligible individuals— For purposes of this section, and subject to subsection (f)(3), an eligible individual is any individual who—
  - (1) is a citizen of the United States; and
  - (2) either—
    - (A) expects to be awarded an <del>undergraduate </del><ins>associate, undergraduate, </ins>or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work not later than 180 days after the date on which the individual submits an application for participation in the fellows program; or
    - (B) possesses an <del>undergraduate </del><ins>associate, undergraduate, </ins>or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work that was awarded not earlier than one year before the date on which the individual submits an application for participation in the fellows program.
- (c) Application required— Each individual seeking to participate in the fellows program shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall specify.
- (d) Coordination—
  - (1) In general— In carrying out this section, the Secretary may consider coordinating or partnering with the entities specified in paragraph (2).
  - (2) Entities specified— The entities specified in this paragraph are the following:
    - (A) The National Security Innovation Network.
    - (B) Universities affiliated with Hacking for Defense.
- (f) Modifications to fellows program— As the Secretary considers necessary to modify the fellows program, and in coordination with the entities specified in subsection (d)(2), as the Secretary considers appropriate, the Secretary may—
  - (1) determine the length of a fellowship term;
  - (2) establish the rate of compensation for an individual selected to participate in the fellows program; and
  - (3) change the eligibility requirements for participation in the fellows program, including who is considered an eligible individual for purposes of the fellows program.
- (g) Consultation— The Secretary may consult with the heads of the agencies, components, and other elements of the Department of Defense and such institutions of higher education and private entities engaged in work on national security and emerging technologies as the Secretary considers appropriate for purposes of the fellows program, including fellowship assignments.

## Sec. 240 National Security Commission on Defense Research at Historically Black Colleges and Universities and Other Minority Institutions

- (a) Establishment—
  - (1) In general— There is established in the executive branch an independent Commission to review the state of defense research at covered institutions.
  - (2) Treatment— The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title.
  - (3) Designation— The Commission established under paragraph (1) shall be known as the “National Security Commission on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions”.
  - (4) Membership—
    - (A) Composition— The Commission shall be composed of 11 members appointed as follows:
      - (i) The Secretary of Defense shall appoint 2 members.
      - (ii) The Secretary of Education shall appoint 1 member.
      - (iii) The Chairman of the Committee on Armed Services of the Senate shall appoint 1 member.
      - (iv) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.
      - (v) The Chairman of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
      - (vi) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
      - (vii) The Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint 1 member.
      - (viii) The Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint 1 member.
      - (ix) The Chairman of the Committee on Education and Labor of the House of Representatives shall appoint 1 member.
      - (x) The Ranking Member of the Committee on Education and Labor of the House of Representatives shall appoint 1 member.
    - (B) Deadline for appointment— Members shall be appointed to the Commission under subparagraph (A) not later than 90 days after the date on which the commission is established.
    - (C) Effect of lack of appointment by appointment date— If one or more appointments under subparagraph (A) is not made by the appointment date specified in subparagraph (B), or if a position described in subparagraph (A) is vacant for more than 90 days, the authority to make such appointment shall transfer to the Chair of the Commission.
  - (5) Chair and vice chair— The Commission shall elect a Chair and Vice Chair from among its members.
  - (6) Terms— Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made.
  - (7) Status as federal employees— Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees.
- (b) Duties—
  - (1) In general— The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means necessary to advance research capacity at covered institutions to comprehensively address the national security and defense needs of the United States.
  - (2) Scope of the review— In conducting the review under paragraph (1), the Commission shall consider the following:
    - (A) The competitiveness of covered institutions in developing, pursuing, capturing, and executing defense research with the Department of Defense through contracts and grants.
    - (B) Means and methods for advancing the capacity of covered institutions to conduct research related to national security and defense.
    - (C) The advancements and investments necessary to elevate covered institutions to R2 status on the Carnegie Classification of Institutions of Higher Education, covered institutions to R1 status on the Carnegie Classification of Institutions of Higher Education, one covered institution or a consortium of multiple covered institutions to the capability of a University Affiliated Research Center, and identify the candidate institutions for each category.
    - (D) The facilities and infrastructure for defense-related research at covered institutions as compared to the facilities and infrastructure at universities classified as R1 status on the Carnegie Classification of Institutions of Higher Education.
    - (E) Incentives to attract, recruit, and retain leading research faculty to covered institutions.
    - (F) The legal and organizational structure of the contracting entity of covered institutions as compared to the legal and organizational structure of the contracting entity of covered institutions at universities classified as R1 status on the Carnegie Classification of Institutions of Higher Education.
    - (G) The ability of covered institutions to develop, protect, and commercialize intellectual property created through defense-related research.
    - (H) The amount of defense research funding awarded to all colleges and universities through contracts and grants for the fiscal years of 2010 through 2019, including—
      - (i) the legal mechanism under which the organization was formed;
      - (ii) the total value of contracts and grants awarded to the organization during fiscal years 2010 to 2019;
      - (iii) the overhead rate of the organization for fiscal year 2019;
      - (iv) the Carnegie Classification of Institutions of Higher Education of the associated university or college;
      - (v) if the associated university or college qualifies as a historically Black college or university or a minority institution.
    - (I) Areas for improvement in the programs executed under section 2362 of title 10, United States Code, the existing authorization to enhance defense-related research and education at covered institutions.
    - (J) Previous executive or legislative actions by the Federal Government to address the imbalance in federal research funding, such as the Established Program to Stimulate Competitive Research (commonly known as “EPSCoR”).
    - (K) <ins>The effectiveness of the Department of Defense in attracting and retaining students specializing in STEM from covered institutions for the Department’s programs on emerging capabilities and technologies.</ins>
    - (L) [was (3)(3)(13)] Any other matters the Commission deems relevant to the advancing the defense research capacity of covered institutions.
- (c) Reports—
  - (1) Initial report— Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress related to the covered institutions participating in Department of Defense research and actions necessary to expand their research capacity.
  - (2) Final report— Prior to the date on which the commission terminates under subsection (d), the Commission shall submit to the President and Congress a comprehensive report on the results of the review required under subsection (b).
  - (3) Form of reports— Reports submitted under this subsection shall be made publically available.
- (d) <ins>List of covered institutions—</ins> <ins>The Commission, in consultation with the Secretary of Education and the Secretary of Defense, shall make available a list identifying each covered institution. The list shall be made available on a publicly accessible website of the Department of Defense and the Department of Education and shall be updated not less frequently than once annually during the life of the Commission.</ins>
- (e) [was (5)] Termination— The Commission shall terminate on December 31, 2021.
- (f) [was (6)] Covered institution defined— In this section, the term covered institution means—
  - (1) [was (6)(3)] a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or
  - (2) [was (6)(4)] 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. 241 Increase in funding for basic operational medical research science — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, basic research, basic operational medical research science, line 004 (PE 0601117E) is hereby increased by $5,000,000 (with the amount of such increase to be made available for partnering with universities to research brain injuries).</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command management/operational headquarters, line 080 is hereby reduced by $5,000,000.</ins>

## Sec. 242 Increase in funding for university research initiatives — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research, university research initiatives, line 003 (PE 0601103A) is hereby increased by $5,000,000 (with the amount of such increase to be made available for studying ways to increase the longevity and resilience of infrastructure on military bases).</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command management/operational headquarters, line 080 is hereby reduced by $5,000,000.</ins>

## Sec. 243 Quantum Information Science Innovation Center — added

- (a) <ins>Establishment—</ins> <ins>The Secretary of Defense, in consultation with the Secretary of the Air Force, shall establish a Quantum Information Science Innovation Center to accelerate the research and development of quantum information sciences by the Air Force.</ins>
- (b) <ins>Purposes—</ins> <ins>The purposes of the Quantum Information Science Innovation Center shall be to—</ins>
  - (1) <ins>provide an environment where researchers from the Air Force, Government, industry, and academia can collaborate to solve difficult problems using quantum information technology;</ins>
  - (2) <ins>accelerate the research and development of new computing technologies, including quantum information sciences; and</ins>
  - (3) <ins>stimulate research and development of quantum information sciences technologies by building upon the quantum information technology developed at the Air Force Research Laboratory Information Directorate, including secure communication networks and advanced computing technology.</ins>
- (c) <ins>Funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, applied research, dominant information sciences and methods, line 014 is hereby increased by $10,000,000 (to be made available for the establishment of the Quantum Information Science Innovation Center under subsection (a)).</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Operational Support, line 090 is hereby reduced by $10,000,000.</ins>

## Sec. 244 Increase in funding for Naval University Research Initiatives — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for research, development, test, and evaluation, Navy, basic research, University Research Initiatives, Line 001 (PE 0601103N) is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Theater Forces, line 100 is hereby reduced by $5,000,000.</ins>

## Sec. 245 Increase in funding for university and industry research centers — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research for university and industry research centers, line 004 (PE 0601104A) is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Air Force, operational systems development, AF integrated personnel and pay system (AF-IPPS), line 158 (PE 0605018F) is hereby reduced by $5,000,000.</ins>

## Sec. 246 Increase in funding for national security innovation capital — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, for Defense Innovation Unit (DIU) Prototyping is hereby increased by $75,000,000 (to be used in support of national security innovation capital).</ins>
- (b) <ins>Offset—</ins> <ins>Not withstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, advanced component development and prototypes, advanced innovative technologies, line 096 (PE 0604250D8Z) is hereby reduced by $75,000,000.</ins>

## Sec. 247 Increase in funding for Air Force University Research Initiatives — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, basic research, University Research Initiatives, line 002 (PE 0601103F) is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Theater Forces, line 100 is hereby reduced by $5,000,000.</ins>

## Sec. 248 Increase in funding for Naval University Research Initiatives — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for Navy basic research, University Research Initiatives, line 001 (PE 0601103N) is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Theater Forces, line 100 is hereby reduced by $5,000,000.</ins>

## Sec. 249 Study and report on lab-embedded entrepreneurial fellowship program — added

- (a) <ins>Study—</ins> <ins>The Under Secretary of Defense for Research and Engineering, in consultation with the Director of the Advanced Manufacturing Office of the Department of Energy, shall conduct a study on the feasibility and potential benefits of establishing a lab-embedded entrepreneurial fellowship program.</ins>
- (b) <ins>Elements—</ins> <ins>The study under subsection (a) shall include, with respect to a lab-embedded entrepreneurial fellowship program, the following:</ins>
  - (1) <ins>An estimate of administrative and programmatic costs and materials, including appropriate levels of living stipends and health insurance to attract a competitive pool of applicants.</ins>
  - (2) <ins>An assessment of capacity for entrepreneurial fellows to use laboratory facilities and equipment.</ins>
  - (3) <ins>An assessment of the benefits for participants in the program through access to mentorship, education, and networking and exposure to leaders from academia, industry, government, and finance.</ins>
  - (4) <ins>Assessment of the benefits for the Department of Defense science and technology activities through partnerships and exchanges with program fellows.</ins>
  - (5) <ins>An estimate of the economic benefits created by the implementation of this program, based in part on similar entrepreneurial programs.</ins>
- (c) <ins>Consultation—</ins> <ins>In conducting the study under subsection (a), the Under Secretary of Defense for Research and Engineering shall consult with the following, as necessary:</ins>
  - (1) <ins>The Director of the Defense Advanced Research Projects Agency.</ins>
  - (2) <ins>The Director of Research for each military service.</ins>
  - (3) <ins>Relevant research facilities, including the Department of Energy National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)).</ins>
- (d) <ins>Report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the designated recipients a report on the results of the study conducted under subsection (a). At minimum, the report shall include an explanation of the results of the study with respect to each element set forth in subsection (b).</ins>
  - (2) <ins>Nonduplication of efforts—</ins> <ins>The Under Secretary of Defense for Research and Engineering may use or add to any existing reports completed by the Department in order to meet the reporting requirement under paragraph (1).</ins>
  - (3) <ins>Form of report—</ins> <ins>The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “designated recipients” means the following:</ins>
    - (A) <ins>The Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.</ins>
    - (B) <ins>The Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate.</ins>
    - (C) <ins>The Secretary of Defense.</ins>
    - (D) <ins>The Secretary of Energy.</ins>
  - (2) <ins>The term “lab-embedded entrepreneurial fellowship program” means a competitive, two-year program in which participants (to be known as “fellows”) are selected from a pool of applicants to work in a Federal research facility where the fellows will conduct research, development, and demonstration activities, commercialize technology, and train to be entrepreneurs.</ins>

## Sec. 250 Independent study on threats to United States national security from development of hypersonic weapons by foreign nations — added

- (a) <ins>Independent study—</ins> <ins>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 development of hypersonic weapons capabilities by foreign nations and the threat posed by such capabilities to United States territory, forces and overseas bases, and allies.</ins>
- (b) <ins>Elements of study—</ins> <ins>The study required under subsection (a) shall—</ins>
  - (1) <ins>describe the hypersonic weapons capabilities in development in the People’s Republic of China, the Russian Federation, and other nations;</ins>
  - (2) <ins>assess the proliferation risk that nations that develop hypersonic weapons capabilities might transfer this technology to other nations;</ins>
  - (3) <ins>attempt to describe the rationale for why each nation that is developing hypersonic weapons capabilities is undertaking such development; and</ins>
  - (4) <ins>examine the unique threats created to United States national security by hypersonic weapons due to both their maneuverability and speed, distinguishing between hypersonic glide vehicles delivered by rocket boosters (known as boost-glide systems) and hypersonic cruise missiles, and further distinguishing between longer-range systems that can reach United States territory and shorter or medium range systems that might be used in a regional conflict.</ins>
- (c) <ins>Submission to Department of Defense—</ins> <ins>Not later than 270 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.</ins>
- (d) <ins>Submission to Congress—</ins> <ins>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 any comments of the Secretary with respect to the report.</ins>

## Sec. 251 Report on innovation investments and management — added

- (a) <ins>Report required—</ins> <ins>Not later than December 31, 2019, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the efforts of the Department of Defense to improve innovation investments and management.</ins>
- (b) <ins>Elements—</ins> <ins>The report required under subsection (a) shall include an explanation of each of the following:</ins>
  - (1) <ins>How incremental and disruptive innovation investments for each military department are defined.</ins>
  - (2) <ins>How such investments are assessed.</ins>
  - (3) <ins>Whether the Under Secretary has defined a science and technology management framework that—</ins>
    - (A) <ins>emphasizes greater use of existing flexible approaches to more quickly initiate and discontinue projects to respond to the rapid pace of innovation;</ins>
    - (B) <ins>incorporates acquisition stakeholders into technology development programs to ensure that they are relevant to customers; and</ins>
    - (C) <ins>promotes advanced prototyping of disruptive technologies within the labs so that the science and technology community can prove that these technologies work to generate demand from future acquisition programs.</ins>

## Sec. 252 Requirement for annual report summarizing the operational test and evaluation activities of the Department of Defense — added

- <ins>Section 139(h)(2) of title 10, United States Code, is amended by striking “, through January 31, 2021”.</ins>

## Sec. 253 Increase in funding for Army University Research Initiatives — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for Army basic research, University Research Initiatives, Line 003 (PE 0601103A ) is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for research, development, test, and evaluation, Army, system development and demonstration, integrated personnel and pay system-Army (IPPS-A), Line 143 (PE 0605018A), is hereby reduced by $5,000,000.</ins>

## Sec. 254 Funding for anti-tamper heterogenous integrated microelectronics — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, advanced technology development, defense-wide manufacturing science and technology program, line 047 (PE 0603680D8Z) is hereby increased by $5,000,000 (with the amount of such increase to be made available for anti-tamper heterogeneous integrated microelectronics).</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for other procurement, Army, elect equip-automation, general fund enterprise business systems fam, line 114 is hereby reduced by $5,000,000.</ins>

## Sec. 255 Briefing on use of blockchain technology for defense purposes — added

- (a) <ins>Briefing required—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall provide to the congressional defense committees a briefing on the potential use of distributed ledger technology for defense purposes.</ins>
- (b) <ins>Elements—</ins> <ins>The briefing under subsection (a) shall include the following:</ins>
  - (1) <ins>An explanation of how distributed ledger technology may be used by the Department of Defense to—</ins>
    - (A) <ins>improve cybersecurity, beginning at the hardware level, of vulnerable assets such as energy, water and transport grids, through distributed versus centralized computing;</ins>
    - (B) <ins>reduce single points of failure in emergency and catastrophe decision-making by subjecting the decision to consensus validation through distributed ledger technologies;</ins>
    - (C) <ins>improve the efficiency of defense logistics and supply chain operations;</ins>
    - (D) <ins>enhance the transparency of procurement auditing; and</ins>
    - (E) <ins>allow innovations to be adapted by the private sector for ancillary uses.</ins>
  - (2) <ins>Such other information as the Under Secretary of Defense for Research and Engineering determines to be appropriate.</ins>

## Sec. 256 Efforts to counter manipulated media content — added

- (a) <ins>Briefing required—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on initiatives of the Department of Defense to identify and address, as appropriate and as authorized in support of Department of Defense operations, manipulated media content, specifically “deepfakes”.</ins>
  - (2) <ins>Elements—</ins> <ins>The briefing required by paragraph (1) shall include the following:</ins>
    - (A) <ins>Status of efforts to develop technology to identify manipulated content impacting the national security of the United States.</ins>
    - (B) <ins>Challenges to detecting, labeling, and preventing foreign actors’ manipulation of images and video impacting national security.</ins>
    - (C) <ins>Plans to make deepfake detection technology available to the public and other Federal agencies for use in identifying manipulated media.</ins>
    - (D) <ins>The efforts of the Department of Defense, as appropriate, to engage academia and industry stakeholders to combat deliberately manipulated or deceptive information from state and non-state actors on social media platforms impacting operations overseas.</ins>
    - (E) <ins>An assessment of the ability of adversaries to generate deepfakes.</ins>
    - (F) <ins>Recommendations for a long-term transition partner organization.</ins>
- (b) <ins>Funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, applied research, SOF technology development, line 022 (PE 1160401BB) is hereby increased by $5,000,000 (with the amount of such increase to be made available for Media Forensics).</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for research, development, test, and evaluation, Air Force, operational systems development, AF integrated personnel and pay system (AF-IPPS), line 158 (PE 0605018F) is hereby reduced by $5,000,000.</ins>
- (c) <ins>Rule of construction—</ins> <ins>Nothing in this section shall be construed to authorize an activity that will impact the privacy or civil liberties of United States persons.</ins>

## Sec. 302 Funding for Army Community Services — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army base operations support, line 100, as specified in the corresponding funding table in section 4301, for Army Community Services is hereby increased by $30,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Force Readiness Operations Support, line 070, as specified in the corresponding funding table in section 4301, is hereby reduced by $15,000,000.</ins>
- (c) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Land Forces Operations Support, as specified in the corresponding funding table in section 4301, line 050, is hereby reduced by $15,000,000.</ins>

## Sec. 303 Increase in funding for civil military programs — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs is hereby increased by $50,000,000 (to be used in support of the National Guard Youth Challenge Program).</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $50,000,000.</ins>

## Sec. 318 Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent

- (a) Use of fluorine-Free foam at military installations— Not later than January 31, <del>2025, </del><ins>2023, </ins>the Secretary of the Navy shall publish a military specification for a fluorine-free fire-fighting agent for use at all military installations to ensure such agent is available for use by not later than <del>2027.</del><ins>December 31, 2024.</ins>
- (b) Prohibition on use— Fluorinated aqueous film-forming foam may not be used at any military installation on or after September 30, <del>2029, </del><ins>2025, </ins>or before such date, if possible.
- (c) Waiver—
  - (1) In general— Subject to paragraph (2), the Secretary of Defense may grant a waiver to the prohibition under subsection (b) with respect to the use of fluorinated aqueous film-forming foam at a specific military installation if the Secretary submits to the congressional defense committees, by not later than 30 days prior to issuing the waiver—
    - (A) notice of the waiver; and
    - (B) certification, in writing, that the waiver is necessary for the protection of life and safety.
  - (2) <del>Limitation—</del><ins>Basis for waiver—</ins> <del>A waiver </del><ins>Any certification submitted </ins>under <del>this subsection </del><ins>paragraph (1)(B) </ins>shall <del>apply </del><ins>document the basis </ins>for <del>a period that does not exceed three years. The Secretary may extend any such </del><ins>the </ins>waiver <del>once for an additional period that does not exceed three years.</del><ins>and, at a minimum, shall include the following:</ins>
    - (A) <ins>A detailed description of the threat justifying the waiver and a description of the imminence, urgency, and severity of such threat.</ins>
    - (B) <ins>An analysis of potential populations impacted by continued use of fluorinated aqueous film forming foam and why the waiver outweighs the impact to such populations.</ins>
    - (C) <ins>An analysis of potential economic effects, including with respect to agriculture, livestock, and water systems of continued use of fluorinated aqueous film forming foam and why the waiver outweighs such effects.</ins>
  - (3) <ins>Limitation—</ins> <ins>A waiver under this subsection shall apply for a period that does not exceed one year. The Secretary may extend any such waiver once for an additional period that does not exceed one year.</ins>

## Sec. 322 Development of climate vulnerability and risk assessment tool

- (a) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a climate vulnerability and risk assessment tool to assist the military departments in measuring how the risks associated with climate change impact networks, systems, installations, facilities, and other assets, as well as the operational plans and capabilities of the Department of Defense.
- (b) Consultation— In developing the tool under subsection (a), the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate.
- (c) Prevailing scientific consensus— Before completing development of the tool under subsection (a), the Secretary shall obtain from a federally funded research and development center with which the Secretary has consulted under subsection (b) a certification in writing that the tool contains a methodology that adequately incorporates the prevailing scientific consensus on climate change.
- (d) Report—
  - (1) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report describing the tool developed under subsection (a).
  - (2) Classified annex— The report under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary.
  - (3) Publication— Upon submittal of the report under paragraph (1), the Secretary shall publish the unclassified portion of the report on an internet website of the Department that is available to the public.
- (e) Updates to tool—
  - (1) In general— After submittal of the report under subsection (d), the Secretary of Defense shall update the climate vulnerability and risk assessment tool developed under subsection (a) <del>as the Secretary considers necessary and appropriate, </del><ins>on an annual basis, </ins>in consultation with the individuals and entities described in subsection (b) and consistent with the prevailing scientific consensus as required under subsection (c).
  - (2) Report and publication— Upon completing an update to the tool under paragraph (1), the Secretary shall—
    - (A) submit to the congressional defense committees a report describing such update; and
    - (B) publish the unclassified version of such report on an internet website of the Department that is available to the public.

## Sec. 324 Removal of barriers that discourage investments to increase resiliency to climate change — added

- <ins>The Secretary of Defense shall—</ins>
- (1) <ins>identify and seek to remove barriers that discourage investments to increase resiliency to climate change;</ins>
- (2) <ins>reform policies and programs that unintentionally increased the vulnerability of systems to related climate change risks; and</ins>
- (3) <ins>develop, and update at least once every four years, an adaptation plan that assessed how climate impacts affected the ability of the department or agency to accomplish its mission, and the short-and long- term actions the department or agency can take to manage climate risks.</ins>

## Sec. 325 Offshore energy development — added

- (a) <ins>Prohibition—</ins> <ins>The Secretary of Defense shall not issue an offshore wind assessment that proposes wind exclusion areas and may not object to an offshore energy project filed for review by the Military Aviation and Installation Assurance Clearinghouse (in this section referred to as the “Clearinghouse”) until 180 days after submitting the report required under (b).</ins>
- (b) <ins>Report required—</ins> <ins>The Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit a report to the congressional defense committees on the process that will be used to by the Clearinghouse to review proposed offshore lease blocks and proposed offshore energy projects. At minimum, the report should include the following elements:</ins>
  - (1) <ins>The process and metrics used in evaluating proposed offshore lease blocks or specific offshore energy projects for compatibility with, or unacceptable risk to, military operations and readiness.</ins>
  - (2) <ins>The process for coordinating with the Department of Interior on assessing proposed offshore lease blocks and military operations and readiness activities that occur in those proposed lease blocks.</ins>
  - (3) <ins>The process for working with the proponent of a proposed energy development to identify and evaluate possible mitigations to enable energy developments that are compatible with military operations and readiness.</ins>
  - (4) <ins>Any legislative changes to section 183a of title 10, United States Code, to enable the Clearinghouse to perform its new role in reviewing proposed offshore lease blocks and offshore energy projects.</ins>

## Sec. 326 Use of proceeds from sale of recyclable materials — added

- <ins>Section 2577(c) of title 10, United States Code, is amended by striking “$2,000,000” and inserting “$10,000,000”.</ins>

## Sec. 327 Disposal of recyclable materials — added

- <ins>Section 2577(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:</ins>
- <ins>“(3) In this section, the term “recyclable materials” includes any quality recyclable material provided to the Department by a State or local government entity.”</ins>

## Sec. 328 Climate-conscious budgeting of Department of Defense — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code—</ins>
  - (1) <ins>a dedicated budget line item for adaptation to, and mitigation of, climate-related risks to military networks, systems, installations, facilities, and other assets and capabilities of the Department of Defense; and</ins>
  - (2) <ins>an estimate of the anticipated adverse impacts to the readiness of the Department and the financial costs to the Department during the year covered by the budget of the loss of, or damage to, military networks, systems, installations, facilities, and other assets and capabilities of the Department, including loss of or obstructed access to training ranges, as a result of climate change.</ins>
- (b) <ins>Disaggregation of impacts and costs—</ins> <ins>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.</ins>

## Sec. 329 Funding for detonation chambers in Vieques, Puerto Rico — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for environmental restoration, Navy, line 060, as specified in the corresponding funding table in section 4301, for the purchase, deployment, and operation of a closed detonation chambers of the dimensions necessary to achieve a substantial reduction in open air burning and open air detonation that will bring the practice of open air burning and open air detonation to the lowest practicable level, is hereby increased by $10,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for Operations and Maintenance, as specified in the corresponding funding table in section 4301, line 460, Office of the Secretary of Defense for Admin & SRVWIDE Activities is hereby reduced by $10,000,000.</ins>

## Sec. 330 Comptroller General report on environmental cleanup of Vieques and Culebra, Puerto Rico — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>the Secretary of Defense should explore all avenues and alternatives to expedite the ongoing cleanup and environmental restoration process in the former military training sites located on the island-municipalities of Vieques and Culebra, Puerto Rico;</ins>
  - (2) <ins>the Department of Defense should work with the U.S. Environmental Protection Agency, the Fish and Wildlife Service, and the Government of Puerto Rico to ensure the decontamination process is conducted in a manner that causes the least possible intrusion on the lives of island residents and minimizes public health risks; and</ins>
  - (3) <ins>the Federal Government should collaborate with local and private stakeholders to effectively address economic challenges and opportunities in Vieques, Culebra, and the adjacent communities of the former United States Naval Station Roosevelt Roads.</ins>
- (b) <ins>GAO report—</ins> <ins>Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall complete a study and submit a report to the congressional defense committees on the status of the Federal cleanup and decontamination process in the island-municipalities of Vieques and Culebra, Puerto Rico. The study shall include a comprehensive analysis of the following:</ins>
  - (1) <ins>The pace of ongoing cleanup and environmental restoration efforts in the former military training sites in Vieques and Culebra.</ins>
  - (2) <ins>Potential challenges and alternatives to accelerate the completion of such efforts, including their associated costs and any impact they might have on the public health and safety of island residents.</ins>

## Sec. 330A PFAS designation, effluent limitations, and pretreatment standards — added

- (a) <ins>In general—</ins> <ins>Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the list of toxic pollutants described in paragraph (1) of section 307(a) of the Federal Water Pollution Control Act (33 U.S.C. 1317(a)) to add per- and polyfluoroalkyl substances to such list, and publish such revised list, without taking into account the factors listed in such paragraph.</ins>
- (b) <ins>Effluent standards—</ins> <ins>As soon as practicable after the date on which the revised list is published under subsection (a), but not later than January 1, 2022, the Administrator shall publish in the Federal Register effluent standards under section 307(a)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1317(a)(2)) for substances added to the list of toxic pollutants pursuant to subsection (a) of this section, in accordance with sections 301(b)(2)(A) and 304(b)(2) of such Act.</ins>
- (c) <ins>Pretreatment standards—</ins> <ins>Not later than January 1, 2022, the Administrator shall promulgate pretreatment standards for per- and polyfluoroalkyl substances under section 307(b) of the Federal Water Pollution Control Act (33 U.S.C. 1317(b)).</ins>

## Sec. 330B Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in Meals Ready-to-Eat Food Packaging — added

- (a) <ins>Prohibition—</ins> <ins>Not later than October 1, 2020, 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.</ins>
- (b) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Perfluoroalkyl substance—</ins> <ins>The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.</ins>
  - (2) <ins>Polyfluoroalkyl substance—</ins> <ins>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.</ins>

## Sec. 330C Comptroller General study on PFAS contamination — added

- (a) <ins>Study required—</ins> <ins>The Comptroller General of the United States shall conduct a review of the efforts of the Department of Defense to clean up per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) contamination in and around military bases as well as the Department’s efforts to mitigate the public health impact of the contamination.</ins>
- (b) <ins>Elements—</ins> <ins>The study required by subsection (a), shall include the following:</ins>
  - (1) <ins>An assessment of—</ins>
    - (A) <ins>when the Department of Defense discovered that drinking water sources used by members of the Armed Forces and residents of communities surrounding military bases were contaminated with PFAS;</ins>
    - (B) <ins>after learning that the drinking water was contaminated, when the Department of Defense notified members of the Armed Forces and residents of communities surrounding military bases that their drinking water is contaminated with PFAS;</ins>
    - (C) <ins>after providing such notification, how much time lapsed before those affected were given alternative sources of drinking water;</ins>
    - (D) <ins>the number of installations and surrounding communities currently drinking water that is contaminated with PFAS above the EPA’s advisory limit;</ins>
    - (E) <ins>the amount of money the Department of Defense has spent on cleaning up PFAS contamination through the date of enactment of this Act;</ins>
    - (F) <ins>the number of sites where the Department of Defense has taken action to remediate PFAS contamination or other materials as a result of the use of firefighting foam on military bases;</ins>
    - (G) <ins>factors that might limit or prevent the Department of Defense from remediating PFAS contamination or other materials as a result of the use of firefighting foam on military bases;</ins>
    - (H) <ins>the estimated total cost of clean-up of PFAS;</ins>
    - (I) <ins>the cost to the Department of Defense to discontinue the use of PFAS in firefighting foam and to develop and procure viable replacements that meet military specifications; and</ins>
    - (J) <ins>the number of members of the Armed Forces who have been exposed to PFAS in their drinking water above the EPA’s Health Advisory levels during their military service.</ins>
  - (2) <ins>An evaluation of what the Department of Defense could have done better to mitigate the release of PFAS contamination into the environment and expose service members.</ins>
  - (3) <ins>Any other elements the Comptroller General may deem necessary.</ins>
- (c) <ins>Results—</ins> <ins></ins>
  - (1) <ins>Interim briefing—</ins> <ins>Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives and the Committee on the Environment and Public Works of the Senate a briefing on the preliminary findings of the study required by this section.</ins>
  - (2) <ins>Final results—</ins> <ins>The Comptroller General shall provide the final results of the study required by this section to the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives and the Committee on the Environment and Public Works of the Senate at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of briefing under paragraph (1).</ins>

## Sec. 330D Disposal of materials containing per- and polyfluoroalkyl substances or aqueous film-forming foam — added

- <ins>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 are disposed—</ins>
- (1) <ins>all incineration is conducted in a manner that eliminates PFAS while also ensuring that no PFAS is emitted into the air;</ins>
- (2) <ins>all incineration is conducted in accordance with the requirements of the Clean Air Act (42 USC 7401 et seq.), including controlling hydrogen fluoride;</ins>
- (3) <ins>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</ins>
- (4) <ins>no incineration is conducted at any facility that violated the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.) during the 12-month period preceding the date of disposal.</ins>

## Sec. 330E Prohibition on use of perfluoroalkyl substances and polyfluoroalkyl substances for land-based applications of firefighting foam — added

- (a) <ins>Limitation—</ins> <ins>After October 1, 2022, no amount authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended to procure firefighting foam that contains in excess of one part per billion of perfluoroalkyl substances and polyfluoroalkyl substances.</ins>
- (b) <ins>Prohibition on use of existing stocks—</ins> <ins>Not later than October 1, 2023, the Secretary of Defense shall cease the use of firefighting foam containing in excess of one part per billion of perfluoroalkyl substances and polyfluoroalkyl substances;</ins>
- (c) <ins>Exemption for shipboard use—</ins> <ins>Subsections (a) and (b) shall not apply to firefighting foam for use solely onboard ocean-going vessels.</ins>
- (d) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>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.</ins>
  - (2) <ins>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).</ins>

## Sec. 330F Agreements to share monitoring data relating to perfluoroalkyl and polyfluoroalkyl substances and other contaminants of concern — added

- (a) <ins>In general—</ins> <ins>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.</ins>
- (b) <ins>Public communication—</ins> <ins>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.</ins>
- (c) <ins>Military installation defined—</ins> <ins>In this section, the term “military installation” has the meaning given that term in section 2801(c) of title 10, United States Code.</ins>

## Sec. 330G Detection of perfluorinated compounds — added

- (a) <ins>Performance standard for the detection of perfluorinated compounds—</ins> <ins></ins>
  - (1) <ins>In General—</ins> <ins>The Director of the United States Geologic Survey shall establish a performance standard for the detection of perfluorinated compounds.</ins>
  - (2) <ins>Emphasis—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>In developing the performance standard under subsection (a), the Director shall emphasize the ability to detect as many perfluorinated compounds present in the environment as possible using analytical methods that are as sensitive as is feasible and practicable.</ins>
    - (B) <ins>Requirement—</ins> <ins>In developing the performance standard under subsection (a), the Director may—</ins>
      - (i) <ins>develop quality assurance and quality control measures to ensure accurate sampling and testing;</ins>
      - (ii) <ins>develop a training program with respect to the appropriate method of sample collection and analysis of perfluorinated compounds; and</ins>
      - (iii) <ins>coordinate as necessary with the Administrator to develop methods to detect individual and different perfluorinated compounds simultaneously.</ins>
- (b) <ins>Nationwide sampling—</ins> <ins></ins>
  - (1) <ins>In General—</ins> <ins>The Director shall carry out a nationwide sampling to determine the concentration of perfluorinated compounds in estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, and soil using the performance standard developed under subsection (a)(1).</ins>
  - (2) <ins>Requirements—</ins> <ins>In carrying out the sampling under paragraph (1), the Director shall—</ins>
    - (A) <ins>first carry out the sampling at sources of drinking water near locations with known or suspected releases of perfluorinated compounds;</ins>
    - (B) <ins>when carrying out sampling of sources of drinking water under paragraph (1), carry out the sampling prior to any treatment of the water;</ins>
    - (C) <ins>survey for ecological exposure to perfluorinated compounds, with a priority in determining direct human exposure through drinking water; and</ins>
    - (D) <ins>consult with—</ins>
      - (i) <ins>States to determine areas that are a priority for sampling; and</ins>
      - (ii) <ins>the Administrator—</ins>
        - (I) <ins>to enhance coverage of the sampling; and</ins>
        - (II) <ins>to avoid unnecessary duplication.</ins>
  - (3) <ins>Report—</ins> <ins>Not later than 150 days after the completion of the sampling under paragraph (1), the Director shall prepare a report describing the results of the sampling and submit the report to—</ins>
    - (A) <ins>the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate;</ins>
    - (B) <ins>the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives;</ins>
    - (C) <ins>the Senators of each State in which the Director carried out the sampling; and</ins>
    - (D) <ins>each Member of the House of Representatives that represents a district in which the Director carried out the sampling.</ins>
- (c) <ins>Data usage—</ins> <ins></ins>
  - (1) <ins>In General—</ins> <ins>The Director shall provide the sampling data collected under subsection (b) to—</ins>
    - (A) <ins>the Administrator of the Environmental Protection Agency; and</ins>
    - (B) <ins>other Federal and State regulatory agencies on request.</ins>
  - (2) <ins>Usage—</ins> <ins>The sampling data provided under subsection (a) shall be used to inform and enhance assessments of exposure, likely health and environmental impacts, and remediation priorities.</ins>
- (d) <ins>Collaboration—</ins> <ins>In carrying out this section, the Director shall collaborate with—</ins>
  - (1) <ins>appropriate Federal and State regulators;</ins>
  - (2) <ins>institutions of higher education;</ins>
  - (3) <ins>research institutions; and</ins>
  - (4) <ins>other expert stakeholders.</ins>
- (e) <ins>Authority for transfer of funds—</ins> <ins>Of the funds authorized to be appropriated by section 301, the Secretary of Defense may, without regard to section 2215 of title 10, United States Code, transfer not more than $5,000,000 to the Secretary of the Interior to carry out nationwide sampling under this section. Any funds transferred under this section may not be used for any other purpose, except those specified under this section.</ins>
- (f) <ins>Funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301, as specified in the corresponding funding table in section 4301, Total Operation and Maintenance, Defense-Wide, Line 080, for the Detection of Perfluorinated Compounds is hereby increased by $5,000,000.</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Procurement of Wheeled and Tracked Combat Vehicles, Army, as specified in the corresponding funding table in section 4101, for Bradley Program (Mod) is hereby reduced by $5,000,000.</ins>
- (g) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “Administrator” means the Administrator of the Environmental Protection Agency.</ins>
  - (2) <ins>The term “Director” means the Director of the United States Geological Survey.</ins>
  - (3) <ins>The term “perfluorinated compound” means a perfluoroalkyl substance or a polyfluoroalkyl substance that is manmade with at least 1 fully fluorinated carbon atom.</ins>
  - (4) <ins>The term “fully fluorinated carbon atom” means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.</ins>
  - (5) <ins>The term “nonfluorinated carbon atom” means a carbon atom on which no hydrogen substituents have been replaced by fluorine.</ins>
  - (6) <ins>The term “partially fluorinated carbon atom” means a carbon atom on which some, but not all, of the hydrogen substituents have been replaced by fluorine.</ins>
  - (7) <ins>The term “perfluoroalkyl substance” means a manmade chemical of which all of the carbon atoms are fully fluorinated carbon atoms.</ins>
  - (8) <ins>The term “polyfluoroalkyl substance” means a manmade chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.</ins>

## Sec. 330H Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances — added

- (a) <ins>Cooperative agreements—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>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.</ins>
  - (2) <ins>Minimum standards—</ins> <ins>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:</ins>
    - (A) <ins>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)).</ins>
    - (B) <ins>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)).</ins>
    - (C) <ins>A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).</ins>
  - (3) <ins>Other authority—</ins> <ins>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—</ins>
    - (A) <ins>the local water authority with jurisdiction over the contamination site, including—</ins>
      - (i) <ins>a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); and</ins>
      - (ii) <ins>a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); or</ins>
    - (B) <ins>a State, local, or Tribal government.</ins>
- (b) <ins>Report—</ins> <ins>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—</ins>
  - (1) <ins>explaining why the agreement has not been finalized or amended, as the case may be; and</ins>
  - (2) <ins>setting forth a projected timeline for finalizing or amending the agreement.</ins>
- (c) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Appropriate committees and Members of Congress—</ins> <ins>The term “appropriate committees and Members of Congress” means—</ins>
    - (A) <ins>the congressional defense committees;</ins>
    - (B) <ins>the Senators who represent a State impacted by PFAS contamination described in subsection (a)(1); and</ins>
    - (C) <ins>the Members of the House of Representatives who represent a district impacted by such contamination.</ins>
  - (2) <ins>Fully fluorinated carbon atom—</ins> <ins>The term “fully fluorinated carbon atom” means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.</ins>
  - (3) <ins>PFAS—</ins> <ins>The term “PFAS” means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least one fully fluorinated carbon atom.</ins>
  - (4) <ins>State—</ins> <ins>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).</ins>

## Sec. 330I Findings, purpose, and apology — added

- <ins>Section 2(a)(1) of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) is amended by inserting “, including individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam, and the Northern Mariana Islands,” after “tests exposed individuals”.</ins>

## Sec. 330J Study on energy savings performance contracts — added

- (a) <ins>Study—</ins> <ins>The Secretary of Defense shall conduct a study on how the Secretary could enter into more energy savings performance contracts (referred to in this section as “ESPCs” ). In conducting the study, the Secretary shall—</ins>
  - (1) <ins>identify any legislative or regulatory barriers to entering into more ESPCs; and</ins>
  - (2) <ins>include policy proposals for how the Department of Defense could evaluate the cost savings caused by increasing energy resiliency when evaluating whether to enter into ESPCs.</ins>
- (b) <ins>Report—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required under subsection (a).</ins>

## Sec. 330K Reduction of Department of Defense facility water use — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing plan to reduce facility water use intensity, relative to the baseline of the water consumption of the facility for fiscal year 2018. The report shall include each of the following:</ins>
  - (1) <ins>Life-cycle cost-effective measures that will reduce water consumption by 2 percent annually through the end of fiscal year 2025.</ins>
  - (2) <ins>Baseline development methodology for calculating a baseline of water use intensity for fiscal year 2018, defined as gallons per gross square foot per year, that will permit all future reduction goals to be measured relative to such baseline.</ins>
  - (3) <ins>An identification of life-cycle cost effective water savings measures that can be implemented to achieve in Department of Defense facilities a minimum of 2 percent annual reduction in water use through 2025.</ins>
  - (4) <ins>A description of any barriers to implementation of a water use reduction program.</ins>
- (b) <ins>Water use—</ins> <ins>In this section, the term “water use” with respect to a facility includes—</ins>
  - (1) <ins>all water used at the facility that is obtained from public water systems or from natural freshwater sources such as lakes, streams, and aquifers, where the water is classified or permitted for human consumption; and</ins>
  - (2) <ins>potable water used for drinking, bathing, toilet flushing, laundry, cleaning and food services, watering of landscaping, irrigation, and process applications such as cooling towers, boilers, and fire suppression systems.</ins>

## Sec. 330L Plan to phase out use of burn pits — added

- <ins>The Secretary of Defense shall submit to Congress an implementation plan to phase out the use of the burn pits identified in the Department of Defense Open Burn Pit Report to Congress in April 2019.</ins>

## Sec. 330M Information relating to locations of burn pit use — added

- <ins>The Secretary of Defense shall provide to the Secretary of Veterans Affairs and Congress a list of all locations at which open-air burn pits have been used by Secretary of Defense, for the purposes of augmenting the research, healthcare delivery, disability compensation, and other activities of the Secretary of Veterans Affairs.</ins>

## Sec. 330N Radium testing at certain locations of the Department of the Navy — added

- (a) <ins>In general—</ins> <ins>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.</ins>
- (b) <ins>Covered location defined—</ins> <ins>In this section, the term covered location means any location where the Secretary of the Navy is undertaking a project or activity funded through one of the following accounts of the Department of Defense:</ins>
  - (1) <ins>Operation and Maintenance, Environmental Restoration, Navy.</ins>
  - (2) <ins>Operation and Maintenance, Environmental Restoration, Formerly Used Defense Sites.</ins>

## Sec. 330O Designation as hazardous substances — added

- <ins>Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall designate all per- and polyfluoroalkyl substances as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)).</ins>

## Sec. 336 Report on effects of increased automation of defense industrial base on manufacturing workforce — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the effects of the increased automation of the defense industrial base over the ten-year period beginning on the date that is 30 days after the date of the enactment of this Act. Such report shall include, for the period covered by the report—</ins>
- (1) <ins>an estimate of the number of jobs in the United States manufacturing workforce expected to be eliminated due to automation in the defense sector;</ins>
- (2) <ins>an analysis describing any new types of jobs that are expected to be established as a result of an increasingly automated process, including an estimate of the number of these types of jobs that are expected to be created;</ins>
- (3) <ins>an analysis of the potential threats to the national security of the United States that are unique to the automation of the defense industry;</ins>
- (4) <ins>a strategy to assist in providing workforce training and transition preparation for workers who may lose manufacturing jobs in the defense industry due to automation;</ins>
- (5) <ins>a description of any training necessary for workers affected by automation to more easily transition to new types of jobs within the defense manufacturing industry; and</ins>
- (6) <ins>any actions taken, or planned to be taken, by the Department of Defense to assist in worker transition.</ins>

## Sec. 337 Extension of temporary installation reutilization authority for arsenals, depots and plants — added

- (a) <ins>Ensuring Viability of Arsenals, Depots and Plants—</ins> <ins>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”.</ins>
- (b) <ins>Report Required—</ins> <ins>Not later than March 1, 2020, the Secretary of the Army shall submit to the congressional defense committees a report that includes—</ins>
  - (1) <ins>the results of a needs assessment conducted by the Secretary to determine the logistical, information technology, and security requirements to create an internal listing service of Army assets available for lease at Arsenal’s, depots and plants; and</ins>
  - (2) <ins>information from any previous Army assessments or inventory of real property.</ins>

## Sec. 338 Pilot program to train skilled technicians in critical shipbuilding skills — added

- (a) <ins>Establishment—</ins> <ins>The Secretary of Defense 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.</ins>
- (b) <ins>Partnerships—</ins> <ins>In carrying out the pilot program required 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.</ins>
- (c) <ins>Termination—</ins> <ins>The pilot program required under this section shall terminate on September 30, 2025.</ins>
- (d) <ins>Briefings—</ins> <ins></ins>
  - (1) <ins>Plan briefing—</ins> <ins>Not later than February 28, 2020, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the plan, cost estimate, and schedule for the pilot program required under this section.</ins>
  - (2) <ins>Progress briefings—</ins> <ins>Not less frequently than annually during fiscal years 2020 and 2021, the Secretary shall brief the congressional defense committees on the progress of the Secretary in carrying out the pilot program.</ins>

## Sec. 341 Readiness reporting

- (a) Readiness reporting system— Section 117 of title 10, United State Code, is amended—
  - (1) by striking subsections (d) through (g); and
  - (2) by redesignating subsection (h) as subsection (d).
- (b) Quarterly reports— Section 482 of title 10, United States Code, is amended—
  - (1) in the section heading, by striking “Quarterly reports: personnel and unit readiness” and inserting “Readiness reports”;
  - (2) in subsection (a)—
    - (A) In the subsection heading, by striking <del>“ Quarterly </del><ins>“Quarterly </ins>Reports Required” and inserting “Reports and briefings”;
    - (B) In the first sentence—
      - (i) by striking “Not later” and inserting “(1) Not later”; and
      - (ii) by striking “each calendar-year quarter” and inserting “the second and fourth quarter of each calendar year”;
    - (C) by striking the second and third sentences and inserting “The Secretary of Defense shall submit each such report in writing and shall also submit a copy of each such report to the Chairman of the Joint Chiefs of Staff.”; and
    - (D) by adding at the end the following new paragraphs:
      - “(2) Not later than 30 days after the end of the first and third quarter of each calendar year, the Secretary of Defense shall provide to Congress a briefing regarding the military readiness of the active and reserve components.
      - “(3) Each report under this subsection shall contain the elements required by subsection (b) for the quarter covered by the report, and each briefing shall address any changes to the elements described in subsection (b) since the submittal of the most recently submitted report.”
  - (3) by striking subsection (b) and inserting the following:
    - “(b) Required elements—The elements described in this subsection are each of the following:
    - “(1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special operations forces, and any other area determined appropriate by the Secretary of Defense.
    - “(2) The key contributing factors, indicators, and other relevant information related to each identified problem or deficiency.
    - “(3) The short-term mitigation strategy the Department will employ to address each readiness problem or deficiency until a resolution is in place, as well as the timeline, cost, and any legislative remedies required to support the resolution.
    - “(4) A summary of combat readiness ratings for the key force elements assessed, including specific information on personnel, supply, equipment, and training problems or deficiencies that affect the combat readiness ratings for each force element.
    - “(5) A summary of each upgrade or downgrade of the combat readiness of a unit that was issued by the commander of the unit, together with the rationale of the commander for the issuance of such upgrade or downgrade.
    - “(6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities.
    - “(7) A summary of the readiness of the combat support and related agencies, any readiness problem or deficiency affecting any mission essential tasks of any such agency, and actions recommended to address any such problem or deficiency.
    - “(8) A list of all Class A, Class B, and Class C mishaps that occurred in operations related to combat support and training events involving aviation, ground, or naval platforms, weapons, space, or Government vehicles, as defined by Department of Defense Instruction 6055.07, or a successor instruction.
    - “(9) Information on the extent to which units of the armed forces have removed serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational.
    - “(10) Such other information as determined necessary or appropriate by the Secretary of Defense.”
  - (4) by striking subsections (d) through (h) and subsection (j);
  - (5) by redesignating subsection (i) as subsection (e); and
  - (6) by inserting after subsection (c) the following new subsections (d):
    - “(d) Semi-Annual joint force readiness review
    - “(1) Not later than 30 days after the last day of the first and third quarter of each calendar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of the armed forces, the combat support and related agencies, operational contract support, and the geographic and functional combatant commands to execute their wartime missions based upon their posture and readiness as of the time the review is conducted.
    - “(2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a).
    - “(3) Each report required by this subsection shall include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, sea, air, space, cyber, and special operations forces.
    - “(4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection.”
- (c) Clerical amendment— The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 482 and inserting the following new item:

## Sec. 345 Comptroller General study of out-of-pocket costs for service dress uniforms — added

- (a) <ins>Review required—</ins> <ins>The Comptroller General of the United States shall conduct a study of the out-of-pocket costs to members of the Armed Forces for service dress uniforms.</ins>
- (b) <ins>Elements—</ins> <ins>The review under subsection (a) shall address each of the following:</ins>
  - (1) <ins>A description and comparison of the out-of-pocket cost to members of the Armed Forces for the purchase of service dress uniforms and service dress uniform items, broken down by—</ins>
    - (A) <ins>gender;</ins>
    - (B) <ins>Armed Force;</ins>
    - (C) <ins>enlisted; and</ins>
    - (D) <ins>officer.</ins>
  - (2) <ins>Stipends, in-kind provision of items, or other assistance provided by each service to personnel to offset cost of service dress uniforms.</ins>
  - (3) <ins>A comparison of the out-of-pocket cost for purchase and maintenance of service and service dress uniforms over one, five, 10, and 20-year periods.</ins>
  - (4) <ins>A description of service dress uniform changes directed by any of the Armed Forces over the past 10 years that have affected the out-of-pocket costs to members of the Armed Forces and the costs associated with such change, by gender.</ins>
  - (5) <ins>Any other information that the Comptroller General determines appropriate.</ins>
- (c) <ins>Briefing and report—</ins> <ins></ins>
  - (1) <ins>Briefing—</ins> <ins>Not later than April 15, 2020, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study required under this section.</ins>
  - (2) <ins>Report—</ins> <ins>Not later than September 30, 2020, the Comptroller General shall submit to the congressional defense committees a final report on the findings of such study.</ins>

## Sec. 346 Inspector General audit of certain commercial depot maintenance contracts — added

- <ins>The Inspector General of the Department of Defense shall conduct an audit of each military department and Defense Agency (as defined in section 101 of title 10, United States Code), as applicable, to determine if there has been any excess profit or cost escalation with respect to any sole-source contracts relating to commercial depot maintenance (including contracts for parts, supplies, equipment, and maintenance services).</ins>

## Sec. 347 Report on plan to decontaminate sites formerly used by the Department of the Army that have since been transferred to units of local government and are affected by pollutants that are, in whole or in part, a result of activity by the Department of Defense — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>There are numerous properties that were under the jurisdiction of the Department of the Army, such as former Nike missile sites, but that have been transferred to units of local government.</ins>
  - (2) <ins>Many of these properties may remain polluted because of activity by the Department of Defense.</ins>
  - (3) <ins>This pollution may inhibit the use of these properties for commercial or residential purposes.</ins>
- (b) <ins>Report required—</ins> <ins>The Secretary of the Army shall submit to the appropriate congressional committees a report—</ins>
  - (1) <ins>specifying each covered property that may remain polluted because of activity by the Department of Defense; and</ins>
  - (2) <ins>containing the Secretary’s plan to decontaminate each covered property.</ins>
- (c) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “appropriate congressional committees” means—</ins>
    - (A) <ins>the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and</ins>
    - (B) <ins>the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.</ins>
  - (2) <ins>The term “covered property” means property that was under the jurisdiction of the Department of the Army and was transferred to a unit of local government before the date of the enactment of section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, but that would have triggered Federal Government notice or action under that section had the transfer occurred on or after that date.</ins>

## Sec. 354 Extension of authority of Secretary of Transportation to issue non-premium aviation insurance

- Section 44310(b) of title 49, United States Code, is amended by striking “December 31, 2019” and inserting “September 30, <del>2023”.</del><ins>2022”.</ins>

## Sec. 355 Defense personal property program

- (a) Advisory group—
  - (1) Establishment— There is established an advisory group on the defense personal property program, to be known as the “Global Household Relocation Services Advisory Committee”.
  - (2) Membership— The advisory group shall be comprised of 15 members appointed from among individuals who represent appropriate entities as follows:
    - (A) One member representing United States Transportation Command appointed by the Commander of United States Transportation Command.
    - (B) A flag or general officer of the Armed Forces representing each of the Army, Navy, Air Force, Marine Corps, and Coast Guard appointed by the Vice Chief of Staff of the Army, Vice Chief of Naval Operations, Vice Chief of Staff of the Air Force, the Assistant Commandant of the Marine Corps, and Vice Commandant of the Coast Guard, respectively.
    - (C) Four members representing appropriate transportation service providers, including two small business concerns, appointed by the Assistant Secretary of Defense for Sustainment.
    - (D) Five members representing consumer representatives who are members of the Armed Forces or spouses of members of the Armed Forces, one of whom is appointed by the senior non-commissioned officer of each of the Army, Navy, Air Force, Marine Corps, and Coast Guard.
  - (3) Meetings— The advisory group shall convene regularly to provide to the Secretary of Defense feedback on the execution of, and any recommended changes to, the global household goods contract.
  - (4) Reports—
    - (A) Quarterly reports— Not later than 30 days after the last day of a fiscal quarter, the advisory group shall submit to the congressional defense committees a report on the activities and recommendations of the advisory group during such fiscal quarter.
    - (B) Termination of report requirement— The requirement to submit a report under subparagraph (A) shall terminate on the termination date specified under paragraph (5)(A).
  - (5) Termination— The advisory group shall terminate on the date that is five years after the date of the enactment of this Act.
- (b) Business case analysis— Not later than 60 days after the date of the enactment of this Act, the Commander of United States Transportation Command shall prepare a business case analysis for the proposed award of a global household goods contract for the defense personal property program.
- (c) <ins>Limitation—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>None of the funds authorized to be appropriated in this Act for fiscal year 2020 shall be available to enter into a global household goods contract until the date that is 30 days after later of the following dates:</ins>
    - (A) <ins>The date on which the Commander of United States Transportation Command provides to the congressional defense committees a briefing on—</ins>
- (c) <del>Limitation—</del> <del>None of the funds authorized to be appropriated in this Act for fiscal year 2020 shall be available to enter into a global household goods contract until the date that is 30 days after the date on which the Commander of United States Transportation Command provides to the congressional defense committees a briefing on—</del>
      - (i) [was (4)(3)] the business case analysis required by subsection (b); and
      - (ii) [was (4)(4)] the proposed structure and meeting schedule for the advisory group established under subsection (a).
    - (B) <ins>The date on which the Comptroller General of the United States submits to the congressional defense committees the report required by paragraph (2).</ins>
  - (2) <ins>GAO report—</ins> <ins>Not later than February 15, 2020, 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—</ins>
    - (A) <ins>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;</ins>
    - (B) <ins>a comprehensive cost-benefit analysis; and</ins>
    - (C) <ins>recommendations for changes to the strategy of the Department of Defense for the defense personal property program.</ins>
- (d) Definitions— In this section:
  - (1) The term “global household goods contract” means the solicitation managed by United States Transportation Command to engage a private entity to manage the defense personal property program.
  - (2) The term “defense personal property program” means the Department of Defense program used to manage the shipment of the baggage and household effects of members of the Armed Forces under section 476 of title 37, United States Code.

## Sec. 359 Completion of Department of Defense Directive 2310.07E regarding missing persons — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall make the completion of Department of Defense Directive 2310.07E a top priority in order to improve the efficiency of locating missing persons.</ins>
- (b) <ins>Definition—</ins> <ins>In this section, the term “missing person” has the meaning given such term in section 1513 of title 10, United States Code.</ins>

## Sec. 413 End strengths for military technicians (dual status)

- (a) <ins>In general—</ins> <ins>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:</ins>
- <del>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:</del>
  - (1) [was (3)] For the Army National Guard of the United States, 22,294.
  - (2) [was (4)] For the Army Reserve, 6,492.
  - (3) [was (5)] For the Air National Guard of the United States, 13,573.
  - (4) [was (6)] For the Air Force Reserve, 8,848.
- (b) <ins>Limitation—</ins> <ins>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.</ins>

## Sec. 501 Management policies for joint qualified officers

- Section 661(d)(3)(B) of title 10, United States Code, is amended in the third sentence by inserting “or a designee of the Chairman who is an officer of the armed forces in grade <del>O-8 </del><ins>O–8 </ins>or higher” before the period.

## Sec. 502 Grade of Chief of the Veterinary Corps of the Army

- Section 7084 of title 10, United States Code, is amended by adding at the end the following: “An officer appointed to that position who holds a lower grade shall be appointed in the grade of brigadier <del>general.”</del><ins>general.”.</ins>

## Sec. 505 Report on rate of maternal mortality among members of the Armed Forces — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.</ins>

## Sec. 506 Functional badge or insignia upon commission for chaplains — added

- <ins>A military chaplain shall receive a functional badge or insignia upon commission.</ins>

## Sec. 516 JROTC computer science and cybersecurity program

- Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:
- “2036. Computer science and cybersecurity program
- “(a) Program authorized—The Secretary of Defense may carry out a program to enhance the preparation of students in the Junior Reserve Officers’ Training Corps for careers in computer science and cybersecurity.
- “(b) Coordination—In carrying out the program, the Secretary shall coordinate with the following:
- “(1) The Secretaries of the military departments.
- “(2) The Secretary of Education.
- “(3) The National Science Foundation.
- “(4) The heads of such other Federal, State, and local government entities the Secretary of Defense determines appropriate.
- “(5) Private sector <del>organizations </del><ins>organizations, including workforce development organizations, </ins>the Secretary of Defense determines appropriate.
- “(c) Activities—Activities under the program may include the following:
- “(1) Establishment of targeted internships and cooperative research opportunities in computer science and cybersecurity at defense laboratories and other technical centers for students in and instructors of the Junior Reserve Officers' Training Corps.
- “(2) Funding for training and other supports for instructors to teach evidence-based courses in computer science and cybersecurity to students.
- “(3) Efforts and activities that improve the quality of cybersecurity and computer science educational, training opportunities, and curricula for students and instructors.
- “(4) Development of travel opportunities, demonstrations, mentoring programs, and informal computer science and cybersecurity education for students and instructors.
- “(d) Metrics—The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the program with respect to the needs of the Department of Defense.
- “(e) Authorities—In carrying out the program, the Secretary shall, to the maximum extent practicable, make use of the authorities under section 2193b, chapter 111, and sections 2601, 2605, and 2374a of this title, section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note), and other authorities the Secretary determines appropriate.
- “(f) Report—Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on activities carried out under the program.”

## Sec. 520 Pilot program on the Junior Reserve Officers’ Training Corps program at Lucy Garrett Beckham High School, Charleston County, South Carolina — added

- (a) <ins>In general—</ins> <ins>The Secretary of the department in which the Coast Guard is operating may carry out a pilot program to establish and maintain a Junior Reserve Officers’ Training Corps (JROTC) program unit in cooperation with Lucy Garrett Beckham High School, Charleston County, South Carolina.</ins>
- (b) <ins>Program requirements—</ins> <ins>The pilot program carried out by the Secretary under this section shall provide to students at Lucy Garrett Beckham High School—</ins>
  - (1) <ins>instruction in subject areas relating to operations of the Coast Guard; and</ins>
  - (2) <ins>training in skills which are useful and appropriate for a career in the Coast Guard.</ins>
- (c) <ins>Provision of additional support—</ins> <ins>In carrying out the pilot program under this section, the Secretary may provide to Lucy Garrett Beckham High School—</ins>
  - (1) <ins>assistance in course development, instruction, and other support activities; and</ins>
  - (2) <ins>necessary and appropriate course materials, equipment, and uniforms.</ins>
- (d) <ins>Employment of retired coast guard personnel—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Subject to paragraph (2), the Secretary may authorize the Lucy Garrett Beckham High School to employ, as administrators and instructors for the pilot program, retired Coast Guard and Coast Guard Reserve commissioned, warrant, and petty officers not on active duty who request that employment and who are approved by the Secretary and Lucy Garrett Beckham High School.</ins>
  - (2) <ins>Authorized pay—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>Retired members employed under paragraph (1) are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between—</ins>
      - (i) <ins>the amount the individual would be paid as pay and allowance if the individual was considered to have been ordered to active duty during the period of employment; and</ins>
      - (ii) <ins>the amount of retired pay the individual is entitled to receive during that period.</ins>
    - (B) <ins>Payment to school—</ins> <ins>The Secretary shall pay to Lucy Garrett Beckham High School an amount equal to one-half of the amount described in subparagraph (A), from funds appropriated for such purpose.</ins>
  - (3) <ins>Employment not active-duty or inactive-duty training—</ins> <ins>Notwithstanding any other provision of law, while employed under this subsection, an individual is not considered to be on active-duty or inactive-duty training.</ins>

## Sec. 520A Junior Reserve Officers’ Training Corps threshold — added

- <ins>Section 2031(b)(1) of title 10, United States Code, is amended by striking “8th grade” each place it appears and inserting “7th grade”.</ins>

## Sec. 520B Inclusion of homeschooled students in Junior Reserve Officer's Training Corps units — added

- <ins>Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection:</ins>
- <ins>“(g)</ins>
- <ins>“(1) Each public secondary educational institution that maintains a unit under this section shall permit membership in the unit to homeschooled students residing in the area served by the institution who are qualified for membership in the unit (but for lack of enrollment in the institution).</ins>
- <ins>“(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.”</ins>

## Sec. 520C Report on National Guard and United States Northern Command capacity to meet homeland defense and security incidents — added

- <ins>Not later than September 30, 2020, the Chief of the National Guard Bureau shall, in consultation with the Commander of United States Northern Command, submit to the congressional defense committees a report setting forth the following:</ins>
- (1) <ins>A clarification of the roles and missions, structure, capabilities, and training of the National Guard and the United States Northern Command, and an identification of emerging gaps and shortfalls in light of current homeland security threats to our country.</ins>
- (2) <ins>A list of the resources that each State and Territory National Guard has at its disposal that are available to respond to a homeland defense or security incident, with particular focus on a multi-State electromagnetic pulse event.</ins>
- (3) <ins>The readiness and resourcing status of forces listed pursuant to paragraph (2).</ins>
- (4) <ins>The current strengths and areas of improvement in working with State and Federal interagency partners.</ins>
- (5) <ins>The current assessments that address National Guard readiness and resourcing of regular United States Northern Command forces postured to respond to homeland defense and security incidents.</ins>
- (6) <ins>A roadmap to 2040 that addresses readiness across the spectrum of long-range emerging threats facing the United States.</ins>

## Sec. 520D National guard support to major disasters — added

- <ins>Section 502(f) of title 32, United States Code, is amended—</ins>
- (1) <ins>in paragraph (2), by adding at the end the following:</ins>
  - <ins>“(C) Operations or missions authorized by the President or the Secretary of Defense to support large scale, complex, catastrophic disasters, as defined by section 311(3) of title 6, United States Code, at the request of a State governor.”</ins>
- (2) <ins>by adding at the end the following:</ins>
  - <ins>“(4) With respect to operations or missions described under paragraph (2)(C), there is authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out such operations and missions, but only if—</ins>
  - <ins>“(A) an emergency has been declared by the governor of the applicable State; and</ins>
  - <ins>“(B) the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.”</ins>

## Sec. 520E Report on methods to enhance domestic response to large scale, complex and catastrophic disasters — added

- (a) <ins>In general—</ins> <ins>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, 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 their plan to establish policy and processes to implement the authority provided by the amendments made by section 520. 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.</ins>
- (b) <ins>Contents—</ins> <ins>The report submitted under paragraph (1) shall include a description of—</ins>
  - (1) <ins>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;</ins>
  - (2) <ins>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 invoking them degrades the effectiveness of the Disaster Relief Fund;</ins>
  - (3) <ins>the Department of Defense’s plan to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including—</ins>
    - (A) <ins>a description of the disparities between benefits and protections under Federal law versus State active duty;</ins>
    - (B) <ins>recommended solutions to achieve parity at the Federal level; and</ins>
    - (C) <ins>recommended changes at the State level, if appropriate;</ins>
  - (4) <ins>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 shortfalls; and</ins>
  - (5) <ins>a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of all National Guard and Reserve, both to the Department of Defense and to the States, during large scale, complex, catastrophic disasters, including any policy and legal limitations, and cost assessment impact on Federal funding.</ins>

## Sec. 520F Report regarding National Guard Youth Challenge Program — added

- <ins>Not later than December 31, 2020, the Secretary of Defense shall submit a report to the congressional defense committees regarding the resources and authorities the Secretary determines necessary to identify the effects of the National Guard Youth Challenge Program on graduates of that program during the five years immediately preceding the date of the report. Such resources shall include the costs of identifying such effects beyond the 12-month, post-residential mentoring period of that program.</ins>

## Sec. 520G Permanent extension of suicide prevention and resilience program for the reserve components — added

- <ins>Strike subsection (g) of section 10219 of title 10, United States Code.</ins>

## Sec. 520H Temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training — added

- (a) <ins>Authority—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>During fiscal year 2020, the Secretary of the Air Force may authorize personnel described in paragraph (2) to provide training and instruction regarding pilot training to the following:</ins>
    - (A) <ins>Members of the Armed Forces on active duty.</ins>
    - (B) <ins>Members of foreign military forces who are in the United States.</ins>
  - (2) <ins>Personnel—</ins> <ins>The personnel described in this paragraph are the following:</ins>
    - (A) <ins>Members of the reserve components of the Air Force on active Guard and Reserve duty (as that term is defined in section 101(d) of title 10, United States Code) who are not otherwise authorized to conduct the training described in paragraph (1) due to the limitations in section 12310 of title 10, United States Code.</ins>
    - (B) <ins>Members of the Air Force who are military technicians (dual status) who are not otherwise authorized to conduct the training described in paragraph (1) due to the limitations in section 10216 of title 10, United States Code, and section 709(a) of title 32, United States Code.</ins>
  - (3) <ins>Limitation—</ins> <ins>Not more than 50 members described in paragraph (2) may provide training and instruction under the authority in paragraph (1) at any one time.</ins>
  - (4) <ins>Federal tort claims act—</ins> <ins>Members of the uniformed services described in paragraph (2) who provide training and instruction pursuant to the authority in paragraph (1) shall be covered by the Federal Tort Claims Act for purposes of any claim arising from the employment of such individuals under that authority.</ins>
- (b) <ins>Report—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a plan to eliminate shortages in the number of pilot instructors within the Air Force using authorities available to the Secretary under current law.</ins>

## Sec. 524 Time requirements for certification of honorable service

- Upon the submission to the Secretary of a military department or a designated commissioned officer serving in the pay grade <del>O-6 </del><ins>O–6 </ins>or higher by a member of the Armed Forces of a completed United States Citizenship and Immigration Services Form N–426, the Secretary or the Officer shall—
- (1) in the case of a member of the Armed Forces who has served or is serving honorably on active duty, provide certification that the nature of the member’s service has been honorable by not later than five days from receiving the form;
- (2) in the case of a member of the Armed Forces who has served or is serving honorably in a Reserve Component of the Armed Forces, provide such certification by not later than three weeks from receiving the form; and
- (3) in the case of a member of the Armed Forces whose service has been other than honorable, provide to the member notice that a certification of honorable service will not be provided and justification for why such certification will not be provided—
  - (A) in the case of a member who has served or is serving on active duty, by not later than five days from receiving the form; and
  - (B) in the case of a member who has served or is serving in a Reserve Component, by not later than three weeks from receiving the form.

## Sec. 526 Strategic plan for diversity and inclusion

- (a) Plan required— The Secretary of Defense shall design and implement a five-year strategic plan for diversity and inclusion in the Department of Defense.
- (b) Elements— The strategic plan under this section—
  - (1) shall be based on the strategic plan established under section 2 of Executive Order <ins>No. </ins>13583 (3 Fed. Reg. 13583 (August 18, 2011));
  - (2) shall incorporate existing efforts to promote diversity and inclusion within the Department; and
  - (3) may not conflict with the objectives of the 2018 National Military Strategy.
- (c) Deadline— The Secretary shall implement the strategic plan under this section on January 1, 2020.

## Sec. 530 Recognition and honoring of service of individuals who served in United States Cadet Nurse Corps during World War II — added

- (a) <ins>Determination of active military service—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary of Defense shall be deemed to have determined under subparagraph (A) of section 401(a)(1) of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) that the service of the organization known as the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, constitutes active military service.</ins>
  - (2) <ins>Issuance of discharge—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary shall, pursuant to subparagraph (B) of such section, issue to each member of such organization a discharge from service of such organization under honorable conditions where the nature and duration of the service of such member so warrants.</ins>
- (b) <ins>Benefits—</ins> <ins></ins>
  - (1) <ins>Status as a veteran—</ins> <ins>Except as otherwise provided in this subsection, an individual who receives a discharge under subsection (a)(2) for service shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs.</ins>
  - (2) <ins>Burial benefits—</ins> <ins>Service for which an individual receives a discharge under subsection (a)(2) shall be considered service in the active military, naval, or air service (as defined in section 101 of title 38, United States Code) for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of title 38, United States Code, not including section 2410 of that title.</ins>
  - (3) <ins>Medals or other commendations—</ins> <ins>The Secretary of Defense may design and produce a service medal or other commendation to honor individuals who receive a discharge under subsection (a)(2).</ins>

## Sec. 530A Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the armed forces for benefits and decorations when the service records are incomplete because of damage to the official record — added

- (a) <ins>Guidelines Required—</ins> <ins>The Secretary of Defense shall develop guidelines regarding the use by the Secretaries of the military departments and the Secretary of Veterans Affairs of unofficial sources of information, including eyewitness statements, to determine the eligibility of a member or former member of the Armed Forces for benefits and decorations when the service records of the member are incomplete because of damage to the records as a result of the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, or any subsequent incident while the records were in the possession of the Department of Defense.</ins>
- (b) <ins>Consultation—</ins> <ins>The Secretary of Defense shall prepare the guidelines in consultation with the Secretary of Veterans Affairs, with respect to veterans benefits under title 38, United States Code, whose eligibility determinations depend on the use of service records maintained by the Department of Defense.</ins>
- (c) <ins>Time for Completion—</ins> <ins>The Secretary of Defense shall complete development of the guidelines not later than one year after the date of the enactment of this Act.</ins>

## Sec. 530B Nondiscrimination with respect to service in the Armed Forces — added

- (a) <ins>In general—</ins> <ins>Chapter 37 of title 10, United States Code, is amended by inserting after section 651 the following new section:</ins>
  - <ins>“651a. Members: nondiscrimination</ins>
  - <ins>“(a) Standards for eligibility for service—Any qualifications established or applied for eligibility for service in an armed force shall take into account only the ability of an individual to meet gender-neutral occupational standards for military service generally and the military occupational specialty concerned in particular, and may not include any criteria relating to the race, color, national origin, religion, or sex (including gender identity or sexual orientation) of an individual.</ins>
  - <ins>“(b) Equality of treatment in service—Any personnel policy developed or implemented by the Department of Defense with respect to members of the armed forces shall ensure equality of treatment and opportunity for all persons in the armed forces, without regard to race, color, national origin, religion, and sex (including gender identity and sexual orientation).</ins>
  - <ins>“(c) Gender identity defined—In this section, the term “gender identity” means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.”</ins>
- (b) <ins>Clerical amendment—</ins> <ins>The table of sections at the beginning of chapter 37 of such title is amended by inserting after the item relating to section 651 the following new item:</ins>

## Sec. 530C Study regarding screening individuals who seek to enlist in the Armed Forces — added

- (a) <ins>Study—</ins> <ins>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—</ins>
  - (1) <ins>screening for white nationalists and individuals with ties to white nationalist organizations; and</ins>
  - (2) <ins>using the following resources of the Federal Bureau of Investigation:</ins>
    - (A) <ins>The Tattoo and Graffiti Identification Program.</ins>
    - (B) <ins>The National Gang Intelligence Center.</ins>
- (b) <ins>Report required—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit an unclassified report in writing to the congressional defense committees containing conclusions of the Secretary regarding the study under subsection (a).</ins>

## Sec. 530D Advice and counsel of trauma experts in review by boards for correction of military records and discharge review boards of certain claims — added

- (a) <ins>Boards for correction of military records—</ins> <ins>Section 1552(g) of title 10, United States Code, is amended—</ins>
  - (1) <ins>by inserting “(1)” after “(g)”; and</ins>
  - (2) <ins>by adding at the end the following new paragraph:</ins>
    - <ins>“(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.</ins>
    - <ins>“(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.”</ins>
- (b) <ins>Discharge review boards—</ins> <ins>Section 1553(d)(1) of such title is amended—</ins>
  - (1) <ins>by inserting “(A)” after “(1)”; and</ins>
  - (2) <ins>by adding at the end the following new subparagraph;</ins>
    - <ins>“(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.”</ins>

## Sec. 530E 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 — added

- (a) <ins>Boards for correction of military records—</ins> <ins>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:</ins>
  - (1) <ins>Sexual trauma.</ins>
  - (2) <ins>Intimate partner violence.</ins>
  - (3) <ins>Spousal abuse.</ins>
  - (4) <ins>The various responses of individuals to trauma.</ins>
- (b) <ins>Discharge review boards—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>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:</ins>
    - (A) <ins>Sexual trauma.</ins>
    - (B) <ins>Intimate partner violence.</ins>
    - (C) <ins>Spousal abuse.</ins>
    - (D) <ins>The various responses of individuals to trauma.</ins>
  - (2) <ins>Uniformity of training—</ins> <ins>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.</ins>
  - (3) <ins>Secretary concerned defined—</ins> <ins>In this subsection, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.</ins>

## Sec. 530F Notification to Secretary of Homeland Security of honorable discharges of non-citizens — added

- (a) <ins>Notice required—</ins> <ins>The Secretary of Defense shall provide the Secretary of Homeland Security with a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214) 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.</ins>
- (b) <ins>Deadline—</ins> <ins>The Secretary of Defense shall provide each notice under this section not later than 30 days after the date of such discharge.</ins>

## Sec. 530G Prohibition on involuntary separation or deportation of members of the Armed Forces who are DACA recipients or have temporary protected status — added

- (a) <ins>DACA—</ins> <ins>No covered person who has received deferred action under the Deferred Action for Childhood Arrivals program of the Department of Homeland Security, established pursuant to the memorandum of the Secretary of Homeland Security dated June 15, 2012, may, solely on the basis of such deferred action, be—</ins>
  - (1) <ins>involuntarily separated from the Armed Forces;</ins>
  - (2) <ins>placed into removal proceedings; or</ins>
  - (3) <ins>removed from the United States.</ins>
- (b) <ins>TPS—</ins> <ins>No covered person who has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), may, solely on the basis of such status, be—</ins>
  - (1) <ins>involuntarily separated from the Armed Forces;</ins>
  - (2) <ins>placed into removal proceedings; or</ins>
  - (3) <ins>removed from the United States.</ins>
- (c) <ins>Covered person defined—</ins> <ins>In this section, the term “covered person” means—</ins>
  - (1) <ins>a member of the Armed Forces; or</ins>
  - (2) <ins>an individual who was discharged from the Armed Forces under honorable conditions.</ins>

## Sec. 530H Review of discharge characterization — added

- (a) <ins>Short title—</ins> <ins>This section may cited as the “Restore Honor to Service Members Act”.</ins>
- (b) <ins>In general—</ins> <ins>In accordance with this section, and in a manner that is consistent across the entire Department of Defense, the appropriate discharge boards shall review the discharge characterization of covered members at the request of a covered member, and shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted.</ins>
- (c) <ins>Appeal—</ins> <ins>A covered member, or the representative of the member, may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board.</ins>
- (d) <ins>Change of records—</ins> <ins>For each covered member whose discharge characterization is changed under subsection (a), or for each covered member who was honorably discharged but whose DD–214 form reflects the sexual orientation of the member, the Secretary of Defense shall reissue to the member or their representative a revised DD–214 form that does not reflect the sexual orientation of the member or reason for initial discharge.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “appropriate discharge board” means the boards for correction of military records under section 1552 of title 10, United States Code, or the discharge review boards under section 1553 of such title, as the case may be.</ins>
  - (2) <ins>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 the member.</ins>
  - (3) <ins>The term “discharge characterization” means the characterization under which a member of the Armed forces is discharged or released, including “dishonorable”, “general”, “other than honorable”, and “honorable”.</ins>
  - (4) <ins>The term “representative” means the surviving spouse, next of kin, or legal representative of a covered member.</ins>

## Sec. 538 Pilot program on prosecution of special victim offenses committed by attendees of military service academies

- (a) Pilot program— Beginning not later than January 1, 2020, the Secretary of Defense shall carry out a pilot program (referred to in this section as the “Pilot Program”) under which the Secretary shall establish, in accordance with this section, an independent authority to—
  - (1) review each covered special victim offense; and
  - (2) determine whether such offense shall be referred to trial by an appropriate court-martial convening authority.
- (b) Office of the Chief Prosecutor—
  - (1) Establishment— As part of the Pilot Program, the Secretary shall establish, within the Office of the Secretary of Defense, an Office of the Chief Prosecutor.
  - (2) Head of Office— The head of the Office shall be known as the Chief Prosecutor. The Secretary shall appoint as the Chief Prosecutor a commissioned officer in the grade of O–7 or above who—
    - (A) has significant experience prosecuting sexual assault trials by court-martial; and
    - (B) is outside the chain of command of any cadet or midshipman described in subsection (f)(2).
  - (3) Responsibilities— The Chief Prosecutor shall exercise the authorities described in subsection (c) but only with respect to covered special victim offenses.
  - (4) Special rule— Notwithstanding any other provision of law, the military service from which the Chief Prosecutor is appointed is authorized an additional billet for a general officer or a flag officer for each year in the two year period beginning with the year in which the appointment is made.
  - (5) Termination— The Office of the Chief Prosecutor shall terminate on the date on which the Pilot Program terminates under subsection (e).
- (c) Referral to Office of the Chief Prosecutor—
  - (1) Investigation phase—
    - (A) Notice and information— A military criminal investigative organization that receives an allegation of a covered special victim offense shall provide to the Chief Prosecutor and the commander of the military service academy concerned—
      - (i) timely notice of such allegation; and
      - (ii) any information and evidence obtained as the result a subsequent investigation into the allegation.
    - (B) Trial counsel— A trial counsel assigned to a case involving a covered special victim offense shall, during the investigative phase of such case, provide the Chief Prosecutor with the information necessary to enable the Chief Prosecutor to make the determination required under paragraph (3).
  - (2) Referral to Chief Prosecutor— In the case of a charge relating to a covered special victim offense, in addition to referring the charge to the staff judge advocate under subsection (a) or (b) of section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), the convening authority of the Armed Force of which the accused is a member shall refer, as soon as reasonably practicable, the charge to the Chief Prosecutor to make the determination required by paragraph (3).
  - (3) Prosecutorial determination— The Chief Prosecutor shall make a determination regarding whether a charge relating to a covered special victim offense shall be referred to trial. If the Chief Prosecutor makes a determination that the charge shall be tried by court-martial, the Chief Prosecutor also shall determine whether the charge shall be tried by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice) or a special court-martial convened under section 823 of such title (article 23 of the Uniform Code of Military Justice). The determination of whether to try a charge relating to a covered special victim offense by court-martial shall include a determination of whether to try any known offenses, including any lesser included offenses.
  - (4) Effect of determination and appeals process—
    - (A) Determination to proceed to trial— Subject to subparagraph (C) determination to try a charge relating to a covered special victim offense by court-martial under paragraph (3), and the determination as to the type of court-martial, shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) for a trial by court-martial on the charge.
    - (B) Determination not to proceed to trial— Subject to subparagraph (C) determination under paragraph (3) not to proceed to trial on a charge relating to a covered special victim offense by general or special court-martial shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that such determination shall not operate to terminate or otherwise alter the authority of the convening authority—
      - (i) to proceed to trial by court-martial on charges of collateral misconducted related to the special victim offense; or
      - (ii) to impose non-judicial punishment in connection with the conduct covered by the charge as authorized by section 815 of such title (article 15 of the Uniform Code of Military Justice).
    - (C) Appeal— In a case in which a convening authority and the staff judge advocate advising such authority disagree with the determination of the Chief Prosecutor under paragraph (3), the convening authority and staff judge advocate may jointly appeal the determination to the General Counsel of the Department of Defense. The determination of the General Counsel with respect to such appeal shall be binding on the Chief Prosecutor and the convening authority concerned.
  - (5) Trial by randomized jury— After the Chief Prosecutor makes a determination under paragraph (3) to proceed to trial on a charge relating to a covered special victim offense, the matter shall be tried by a court-martial convened within the Armed Force of which the accused is a member in accordance with the applicable provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that, when convening a court-martial that is a general or special court-martial involving a covered special victim offense in which the accused elects a jury trial, the convening authority shall detail members of the Armed Forces as members thereof at random unless the obtainability of members of the Armed Forces for such court-martial prevents the convening authority from detailing such members at random.
  - (6) Unlawful influence or coercion— The actions of the Chief Prosecutor under this subsection whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion.
- (d) Effect on other law— This section shall supersede any provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is inconsistent with this section, but only to the extent of the inconsistency.
- (e) Termination and transition—
  - (1) Termination— The authority of the Secretary to carry out the Pilot Program shall terminate four years after the date on which the Pilot Program is initiated.
  - (2) Transition— The Secretary shall take such actions as are necessary to ensure that, on the date on which the Pilot Program terminates under paragraph (1), any matter referred to the Chief Prosecutor under subsection (c)(2), but with respect to which the Chief Prosecutor has not made a determination under subsection (c)(3), shall be transferred to the appropriate convening authority for consideration.
- (f) Definitions— In this section:
  - (1) The term “Armed Force” has the meaning given that term in section 101(a)(4) of title 10, United States Code.
  - (2) The term “covered special victim offense” means a special victim offense—
    - (A) alleged to have been committed on or after the date of the enactment of this Act by a cadet of the United States Military <del>Academy or </del><ins>Academy, </ins>the United States Air Force <ins>Academy, or the United States Coast Guard </ins>Academy, without regard to the location at which the offense was committed; or
    - (B) alleged to have been committed on or after the date of the enactment of this Act by a midshipman of the United States Naval Academy, without regard to the location at which the offense was committed.
  - (3) The term “Secretary” means the Secretary of Defense.
  - (4) The term “special victim offense” means any of the following:
    - (A) An offense under section 917a, 920, 920b, 920c, or 930 of title 10, United States Code (article 117a, 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).
    - (B) A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of such title (article 81 of the Uniform Code of Military Justice).
    - (C) A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of such title (article 82 of the Uniform Code of Military Justice).
    - (D) An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

## Sec. 540A Assessment of racial, ethnic, and gender disparities in the military justice system — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall carry out the activities described in subsection (b) to improve the ability of the Department of Defense to detect and address racial, ethnic, and gender disparities in the military justice system.</ins>
- (b) <ins>Activities described—</ins> <ins>The activities described in this subsection are the following:</ins>
  - (1) <ins>For each court-martial carried out by an Armed Force after the date of the enactment of this Act, the Secretary of Defense shall require the head of the Armed Force concerned—</ins>
    - (A) <ins>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;</ins>
    - (B) <ins>to include data based on the information described in subparagraph (A) in the annual military justice reports of the Armed Force.</ins>
  - (2) <ins>The Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, shall issue guidance that—</ins>
    - (A) <ins>establishes criteria to determine when data indicating possible racial, ethnic, or gender disparities in the military justice process should be further reviewed; and</ins>
    - (B) <ins>describes how such a review should be conducted.</ins>
  - (3) <ins>The Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, shall—</ins>
    - (A) <ins>conduct an evaluation to identify the causes of any racial, ethnic, or gender disparities in the military justice system;</ins>
    - (B) <ins>take steps to address the causes of such disparities, as appropriate.</ins>

## Sec. 540B Expansion of pre-referral matters reviewable by military judges and military magistrates in the interest of efficiency in military justice — added

- (a) <ins>In general—</ins> <ins>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:</ins>
  - (1) <ins>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:</ins>
    - (A) <ins>Pre-referral investigative subpoenas.</ins>
    - (B) <ins>Pre-referral warrants or orders for electronic communications.</ins>
    - (C) <ins>Pre-referral matters referred by an appellate court.</ins>
    - (D) <ins>Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).</ins>
    - (E) <ins>Pre-referral matters relating to the following:</ins>
      - (i) <ins>Pre-trial confinement of an accused.</ins>
      - (ii) <ins>The accused’s mental capacity.</ins>
      - (iii) <ins>A request for an individual military counsel.</ins>
  - (2) <ins>In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—</ins>
    - (A) <ins>set forth the matters that a military judge may rule upon in such proceedings;</ins>
    - (B) <ins>include procedures for the review of such rulings; and</ins>
    - (C) <ins>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.</ins>
- (b) <ins>Conforming and clerical amendments—</ins> <ins></ins>
  - (1) <ins>Heading amendment—</ins> <ins>The heading of such section is amended to read as follows:</ins>
    - <ins>“830A. Art. 30a. proceedings conducted before referral”</ins>
  - (2) <ins>Clerical amendment—</ins> <ins>The table of sections at the beginning of subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 830 (article 30a) and inserting the following new item:</ins>

## Sec. 540C Training for commanders in the armed forces on their role in all stages of military justice in connection with sexual assault — added

- (a) <ins>In general—</ins> <ins>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 against other members of the Armed Forces.</ins>
- (b) <ins>Elements to be covered—</ins> <ins>The training provided pursuant to subsection (a) shall include training on the following:</ins>
  - (1) <ins>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 against another member, including investigation and prosecution.</ins>
  - (2) <ins>The role of commanders in assuring that victims in sexual assault described in paragraph (1) are informed of, and have the opportunity to obtain, assistance available for victims of sexual assault by law.</ins>
  - (3) <ins>The role of commanders in assuring that victims in sexual assault described in paragraph (1) are afforded the due process rights and protections available to victims by law.</ins>
  - (4) <ins>The role of commanders in preventing retaliation against victims, their family members, witnesses, first responders, and bystanders for 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.</ins>
  - (5) <ins>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.</ins>
  - (6) <ins>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.</ins>
- (c) <ins>Incorporation of best practices—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The training provided pursuant to subsection (a) shall incorporate best practices on all matters covered by the training.</ins>
  - (2) <ins>Identification of best practices—</ins> <ins>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.</ins>
- (d) <ins>Uniformity—</ins> <ins>The Secretary of Defense shall ensure that the training provided pursuant to subsection (a) is, to the extent practicable, uniform across the Armed Forces.</ins>

## Sec. 544 Policies and procedures on registration at military installations of civil protection orders applicable to members of the Armed Forces assigned to such installations and certain other individuals

- (a) <del>Clarification regarding definition of rights </del><ins>Policies </ins>and <del>benefits—</del><ins>procedures required—</ins> <del>Section 4303(2) </del><ins>Not later than one year after the date </ins>of <del>title 38, United States Code, is amended—</del><ins>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 civil protection orders described in subsection (b), including the duties and responsibilities of commanders of installations in the registration process.</ins>
  - (1) <del>by inserting “(A)” before “The term”; and</del>
  - (2) <del>by adding at the end the following new subparagraph:</del>
    - <del>“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”</del>
- (b) <del>Clarification regarding relation to other law and plans for agreements—</del><ins>Civil protection orders—</ins> <del>Section 4302 of such title </del><ins>A civil protection order described in this subsection </ins>is <del>amended by adding at the end the following:</del><ins>any civil protective order as follows:</ins>
  - (1) <ins>A civil protection order against a member of the Armed Forces assigned to the installation concerned.</ins>
  - (2) <ins>A civil protection order against a civilian employee employed at the installation concerned.</ins>
  - (3) <ins>A civil protection 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.</ins>
- (c) <ins>Particular elements—</ins> <ins>The policies and procedures required by subsection (a) shall include the following:</ins>
  - (1) <ins>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 civil protection order.</ins>
  - (2) <ins>A statement of policy that failure to register a civil protection 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.</ins>
- (d) <ins>Letter—</ins> <ins>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:</ins>
  - (1) <ins>A detailed description of the policies and procedures.</ins>
  - (2) <ins>A certification by the Secretary that the policies and procedures have been implemented on each military installation.</ins>
  - <del>“(c)</del>
  - <del>“(1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.</del>
  - <del>“(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”</del>

## Sec. 545 Clarifications regarding scope of employment and reemployment rights of members of the uniformed services

- (a) <ins>Clarification regarding definition of rights and benefits—</ins> <ins>Section 4303(2) of title 38, United States Code, is amended—</ins>
  - (1) <ins>by inserting “(A)” before “The term”; and</ins>
  - (2) <ins>by adding at the end the following new subparagraph:</ins>
    - <ins>“(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”</ins>
- <del>Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended—</del>
- (b) <ins>Clarification regarding relation to other law and plans for agreements—</ins> <del>in paragraph (1), </del><ins>Section 4302 of such title is amended </ins>by <del>inserting “(including orders for separation or retirement)” after “official military orders”; and</del><ins>adding at the end the following:</ins>
  - <ins>“(c)</ins>
  - <ins>“(1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.</ins>
  - <ins>“(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”</ins>
- (2) <del>by adding at the end the following new paragraph:</del>
  - <del>“(3) Permanent change of station—The term “permanent change of station” includes separation or retirement from military service.”</del>

## Sec. 546 Military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act

- Section <del>534(b) </del><ins>305(i) </ins>of the <del>Carl Levin and Howard P. “Buck” McKeon National Defense Authorization </del><ins>Servicemembers Civil Relief </ins>Act <del>for Fiscal Year 2015 (Public Law 113–291; 10 </del><ins>(50 </ins>U.S.C. <del>1044e note) </del><ins>3955) </ins>is <del>amended by—</del><ins>amended—</ins>
- (1) <del>redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; </del><ins>in paragraph (1), by inserting “(including orders for separation or retirement)” after “official military orders”; </ins>and
- (2) by <del>inserting after paragraph (1) </del><ins>adding at </ins>the <ins>end the </ins>following new <del>paragraph (2):</del><ins>paragraph:</ins>
  - <del>“(2) Record of consultation and victim preference—The Secretary of Defense, acting through the Under Secretary </del><ins>“(3) Permanent change </ins>of <del>Defense for Personnel and Readiness, shall issue guidance to ensure that the consultation under paragraph (1) is provided to each victim </del><ins>station—The term “permanent change </ins>of <del>an alleged sex-related offense described in such paragraph. Such guidance shall require that the following information about each consultation is recorded and preserved in written </del><ins>station” includes separation </ins>or <del>electronic format:</del><ins>retirement from military service.”</ins>
  - <del>“(A) The time and date of the consultation.</del>
  - <del>“(B) The name of the individual who consulted with the victim.</del>
  - <del>“(C) The result of the consultation, including—</del>
  - <del>“(i) whether the victim expressed a preference under paragraph (1); and</del>
  - <del>“(ii) if the victim expressed a preference, whether the victim preferred that the offense be prosecuted by court-martial or in a civilian court.”</del>

## Sec. 547 Consultation regarding victim's preference in prosecution jurisdiction

- Section <del>546 </del><ins>534(b) </ins>of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 <del>(10 </del><ins>(Public Law 113–291; 10 </ins>U.S.C. <del>1561 </del><ins>1044e </ins>note) is <del>amended—</del><ins>amended by—</ins>
- (1) <del>by amending paragraph </del><ins>redesignating paragraphs </ins>(2) <del>of subsection (c) to read </del><ins>through (4) </ins>as <del>follows:</del><ins>paragraphs (3) through (5), respectively; and</ins>
  - <del>“(2) Basis for provision of advice—For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall—</del>
  - <del>“(A) review, on an ongoing basis, cases involving allegations of sexual misconduct described in paragraph (1);</del>
  - <del>“(B) study the feasibility of incorporating restorative justice models into the Uniform Code of Military Justice; and</del>
  - <del>“(C) review Rule for Courts-Martial 1001(c) (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule) to determine whether, and to what extent, the interpretation of that rule by military courts—</del>
  - <del>“(i) limits the ability of sexual assault victims to make statements during presentencing proceedings; and</del>
  - <del>“(ii) limits the content of such statements.”</del>
- (2) <del>in subsection (f)(1), </del>by <del>striking “five years” and </del>inserting <del>“ten years”.</del><ins>after paragraph (1) the following new paragraph (2):</ins>
  - <ins>“(2) Record of consultation and victim preference—The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall issue guidance to ensure that the consultation under paragraph (1) is provided to each victim of an alleged sex-related offense described in such paragraph. Such guidance shall require that the following information about each consultation is recorded and preserved in written or electronic format:</ins>
  - <ins>“(A) The time and date of the consultation.</ins>
  - <ins>“(B) The name of the individual who consulted with the victim.</ins>
  - <ins>“(C) The result of the consultation, including—</ins>
  - <ins>“(i) whether the victim expressed a preference under paragraph (1); and</ins>
  - <ins>“(ii) if the victim expressed a preference, whether the victim preferred that the offense be prosecuted by court-martial or in a civilian court.”</ins>

## Sec. 548 Extension and expansion of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces

- <ins>Section 546 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended—</ins>
- (1) <ins>by amending paragraph (2) of subsection (c) to read as follows:</ins>
  - <ins>“(2) Basis for provision of advice—For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall—</ins>
  - <ins>“(A) review, on an ongoing basis, cases involving allegations of sexual misconduct described in paragraph (1);</ins>
  - <ins>“(B) study the feasibility of incorporating restorative justice models into the Uniform Code of Military Justice; and</ins>
  - <ins>“(C) review Rule for Courts-Martial 1001(c) (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule) to determine whether, and to what extent, the interpretation of that rule by military courts—</ins>
  - <ins>“(i) limits the ability of sexual assault victims to make statements during presentencing proceedings; and</ins>
  - <ins>“(ii) limits the content of such statements.”</ins>
- (2) <ins>in subsection (f)(1), by striking “five years” and inserting “ten years”.</ins>
- (a) <del>Establishment required—</del> <del></del>
  - (1) <del>In general—</del> <del>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”).</del>
  - (2) <del>Deadline for establishment—</del> <del>The Secretary shall establish the Advisory Committee not later than 180 days after the date of the enactment of this Act.</del>
- (b) <del>Membership—</del> <del></del>
  - (1) <del>In general—</del> <del>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:</del>
    - (A) <del>Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm.</del>
    - (B) <del>Expertise in the prevention of suicide.</del>
    - (C) <del>Expertise in trauma and trauma symptoms.</del>
    - (D) <del>Expertise in the change of culture of large organizations.</del>
    - (E) <del>Expertise in implementation science.</del>
  - (2) <del>Background of individuals—</del> <del>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.</del>
  - (3) <del>Prohibition on membership of members of Armed Forces on active duty—</del> <del>A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee.</del>
- (c) <del>Duties—</del> <del></del>
  - (1) <del>In general—</del> <del>The Advisory Committee shall advise the Secretary on the following:</del>
    - (A) <del>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.</del>
    - (B) <del>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).</del>
  - (2) <del>Basis for provision of advice—</del> <del>For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following:</del>
    - (A) <del>Closed cases involving allegations of sexual assault described in paragraph (1).</del>
    - (B) <del>Efforts of institutions of higher education to prevent sexual assault among students.</del>
    - (C) <del>Any other information or matters that the Advisory Committee or the Secretary considers appropriate.</del>
  - (3) <del>Coordination of efforts—</del> <del>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.</del>
- (d) <del>Annual report—</del> <del>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.</del>
- (e) <del>Sexual assault continuum of harm—</del> <del>In this section, the term sexual assault continuum of harm includes—</del>
  - (1) <del>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</del>
  - (2) <del>maltreatment or ostracism of a victim for a report of sexual misconduct.</del>
- (f) <del>Termination—</del> <del></del>
  - (1) <del>In general—</del> <del>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).</del>
  - (2) <del>Continuation—</del> <del>The Secretary of Defense may continue the Advisory Committee after the termination date applicable under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on the Armed Services of the Senate and House of Representatives.</del>

## Sec. 549 Defense Advisory Committee for the Prevention of Sexual Misconduct

- (a) <ins>Establishment required—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>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”).</ins>
  - (2) <ins>Deadline for establishment—</ins> <ins>The Secretary shall establish the Advisory Committee not later than 180 days after the date of the enactment of this Act.</ins>
- (b) <ins>Membership—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>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:</ins>
    - (A) <ins>Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm.</ins>
    - (B) <ins>Expertise in the prevention of suicide.</ins>
    - (C) <ins>Expertise in trauma and trauma symptoms.</ins>
    - (D) <ins>Expertise in the change of culture of large organizations.</ins>
    - (E) <ins>Expertise in implementation science.</ins>
  - (2) <ins>Background of individuals—</ins> <ins>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.</ins>
  - (3) <ins>Prohibition on membership of members of Armed Forces on active duty—</ins> <ins>A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee.</ins>
- (c) <ins>Duties—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Advisory Committee shall advise the Secretary on the following:</ins>
    - (A) <ins>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.</ins>
    - (B) <ins>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).</ins>
- (a) <del>In general—</del> <del>The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe in regulations a safe to report policy described in subsection (b) that applies with respect to all members of the Armed Forces (including members of the reserve components of the Armed Forces) and cadets and midshipmen at the military service academies.</del>
- (b) <del>Safe to report policy—</del> <del>The safe to report policy described in this subsection is a policy under which a member of the Armed Forces who is the alleged victim of sexual assault, but who may have committed minor collateral misconduct at or about the time of such sexual assault, or whose minor collateral misconduct is discovered only as a result of the investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct absent aggravating circumstances that increase the gravity of the minor collateral misconduct or its impact on good order and discipline.</del>
- (c) <del>Minor collateral misconduct—</del> <del>For purposes of the safe to report policy, minor collateral misconduct shall include any of the following:</del>
  - (2) <ins>Basis for provision of advice—</ins> <del>Improper use or possession </del><ins>For purposes </ins>of <del>alcohol.</del><ins>providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following:</ins>
    - (A) <ins>Closed cases involving allegations of sexual assault described in paragraph (1).</ins>
    - (B) <ins>Efforts of institutions of higher education to prevent sexual assault among students.</ins>
    - (C) <ins>Any other information or matters that the Advisory Committee or the Secretary considers appropriate.</ins>
  - (3) <ins>Coordination of efforts—</ins> <del>Consensual intimate behavior (including adultery) or fraternization.</del><ins>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.</ins>
  - (3) <del>Presence in an off-limits area.</del>
  - (4) <del>Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).</del>
- (d) <del>Aggravating circumstances—</del><ins>Annual report—</ins> <del>The regulations under subsection (a) </del><ins>Not later than March 30 each year, the Advisory Committee </ins>shall <del>specify aggravating circumstances that increase </del><ins>submit to </ins>the <del>gravity of minor collateral misconduct or its impact </del><ins>Secretary and the Committees </ins>on <del>good order </del><ins>Armed Services of the Senate </ins>and <del>discipline for purposes </del><ins>the House </ins>of <ins>Representatives a report on </ins>the <del>safe </del><ins>activities of the Advisory Committee pursuant </ins>to <del>report policy.</del><ins>this section during the preceding year.</ins>
- (e) <del>Definitions—</del><ins>Sexual assault continuum of harm—</ins> In this <del>section:</del><ins>section, the term sexual assault continuum of harm includes—</ins>
  - (1) <del>The term “Armed Forces” has the meaning given </del><ins>inappropriate actions (such as sexist jokes), sexual harassment, gender discrimination, hazing, cyber bullying, or other behavior </ins>that <del>term in section 101(a)(4) of title 10, United States Code, except such term does not include the Coast Guard.</del><ins>contributes to a culture that is tolerant of, or increases risk for, sexual assault; and</ins>
  - (2) <del>The term “military service academy” means the following:</del><ins>maltreatment or ostracism of a victim for a report of sexual misconduct.</ins>
- (f) <ins>Termination—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>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).</ins>
  - (2) <ins>Continuation—</ins> <ins>The Secretary of Defense may continue the Advisory Committee after the termination date applicable under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on the Armed Services of the Senate and House of Representatives.</ins>
    - (A) <del>The United States Military Academy.</del>
    - (B) <del>The United States Naval Academy.</del>
    - (C) <del>The United States Air Force Academy.</del>

## Sec. 550 Safe to report policy applicable across the Armed Forces

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe in regulations a safe to report policy described in subsection (b) that applies with respect to all members of the Armed Forces (including members of the reserve components of the Armed Forces) and cadets and midshipmen at the military service academies.</ins>
- (a) <del>Deadline for availability—</del> <del></del>
  - (1) <del>In general—</del> <del>If an individual specified in paragraph (2) is not available at a military installation for access by a member of the Armed Forces who requests access to such an individual, such an individual shall be made available at such installation for access by such member by not later than 48 hours after such request.</del>
  - (2) <del>Individuals—</del> <del>The individuals specified in this paragraph are the following:</del>
    - (A) <del>Special Victims’ Counsel (SVC).</del>
    - (B) <del>Special Victim Prosecutor (SPC).</del>
- (b) <del>Report on civilian support of SVCs—</del><ins>Safe to report policy—</ins> <del>Not later than 180 days after the date of the enactment of </del><ins>The safe to report policy described in </ins>this <del>Act, each Secretary of </del><ins>subsection is </ins>a <del>military department shall submit to the Committees on Armed Services </del><ins>policy under which a member </ins>of the <del>Senate and </del><ins>Armed Forces who is </ins>the <del>House </del><ins>alleged victim </ins>of <del>Representatives a report setting forth </del><ins>sexual assault, but who may have committed minor collateral misconduct at or about </ins>the <del>assessment </del><ins>time </ins>of such <del>Secretary </del><ins>sexual assault, or whose minor collateral misconduct is discovered only as a result </ins>of the <del>feasibility and advisability </del><ins>investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt </ins>of <del>establishing and maintaining at each installation under </del><ins>discipline in connection with such minor collateral misconduct absent aggravating circumstances that increase </ins>the <del>jurisdiction </del><ins>gravity </ins>of <del>such Secretary with a Special Victims’ Counsel one or more civilian positions for </del>the <del>purpose of—</del><ins>minor collateral misconduct or its impact on good order and discipline.</ins>
- (c) <ins>Minor collateral misconduct—</ins> <ins>For purposes of the safe to report policy, minor collateral misconduct shall include any of the following:</ins>
  - (1) <ins>Improper use or possession of alcohol.</ins>
  - (2) <ins>Consensual intimate behavior (including adultery) or fraternization.</ins>
  - (3) <ins>Presence in an off-limits area.</ins>
  - (4) <ins>Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).</ins>
- (d) <ins>Aggravating circumstances—</ins> <ins>The regulations under subsection (a) shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and discipline for purposes of the safe to report policy.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “Armed Forces” has the meaning given that term in section 101(a)(4) of title 10, United States Code, except such term does not include the Coast Guard.</ins>
  - (2) <ins>The term “military service academy” means the following:</ins>
    - (A) <ins>The United States Military Academy.</ins>
    - (B) <ins>The United States Naval Academy.</ins>
    - (C) <ins>The United States Air Force Academy.</ins>
  - (1) <del>providing support to such Special Victims’ Counsel; and</del>
  - (2) <del>ensuring continuity and the preservation of institutional knowledge in transitions between the service of individuals as Special Victims’ Counsel at such installation.</del>

## Sec. 550a Notice to victims of alleged sexual assault of pendency of further administrative action following a determination not to refer to trial by court-martial — removed

- <del>Under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of alleged sexual assault for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall periodically notify the victim of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination.</del>

## Sec. 550b Training for Special Victims' Counsel on civilian criminal justice matters in the States of the military installations to which assigned — removed

- (a) <del>Training—</del> <del></del>
  - (1) <del>In general—</del> <del>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.</del>
  - (2) <del>Criminal justice matters—</del> <del>The criminal justice matters specified in this paragraph, with respect to a State, are the following:</del>
    - (A) <del>Victim rights.</del>
    - (B) <del>Prosecution of criminal offenses.</del>
    - (C) <del>Sentencing for conviction of criminal offenses.</del>
- (b) <del>Alleged sex-related offense defined—</del> <del>In this section, the term alleged sex-related offense means any allegation of—</del>
  - (1) <del>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</del>
  - (2) <del>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).</del>
- (c) <del>Exception—</del> <del>The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard.</del>

## Sec. 550A Availability of Special Victims’ Counsel and special victim prosecutors at military installations — added

- (a) <ins>Deadline for availability—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>If an individual specified in paragraph (2) is not available at a military installation for access by a member of the Armed Forces who requests access to such an individual, such an individual shall be made available at such installation for access by such member by not later than 48 hours after such request.</ins>
  - (2) <ins>Individuals—</ins> <ins>The individuals specified in this paragraph are the following:</ins>
    - (A) <ins>Special Victims’ Counsel (SVC).</ins>
    - (B) <ins>Special Victim Prosecutor (SPC).</ins>
- (b) <ins>Report on civilian support of SVCs—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the assessment of such Secretary of the feasibility and advisability of establishing and maintaining at each installation under the jurisdiction of such Secretary with a Special Victims’ Counsel one or more civilian positions for the purpose of—</ins>
  - (1) <ins>providing support to such Special Victims’ Counsel; and</ins>
  - (2) <ins>ensuring continuity and the preservation of institutional knowledge in transitions between the service of individuals as Special Victims’ Counsel at such installation.</ins>

## Sec. 550B Notice to victims of alleged sexual assault of pendency of further administrative action following a determination not to refer to trial by court-martial — added

- <ins>Under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of alleged sexual assault for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall periodically notify the victim of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination.</ins>

## Sec. 550C Training for Special Victims' Counsel on civilian criminal justice matters in the States of the military installations to which assigned — added

- (a) <ins>Training—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>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.</ins>
  - (2) <ins>Criminal justice matters—</ins> <ins>The criminal justice matters specified in this paragraph, with respect to a State, are the following:</ins>
    - (A) <ins>Victim rights.</ins>
    - (B) <ins>Prosecution of criminal offenses.</ins>
    - (C) <ins>Sentencing for conviction of criminal offenses.</ins>
- (b) <ins>Alleged sex-related offense defined—</ins> <ins>In this section, the term alleged sex-related offense means any allegation of—</ins>
  - (1) <ins>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</ins>
  - (2) <ins>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).</ins>
- (c) <ins>Exception—</ins> <ins>The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard.</ins>

## Sec. 550D Copyright protection for civilian faculty of accredited institutions — added

- (a) <ins>In general—</ins> <ins>Chapter 108 of title 10, United States Code, is amended by adding at the end the following new section:</ins>
  - <ins>“2169a. Copyright of works created by civilian faculty members</ins>
  - <ins>“(a) Copyright of works—Subject to subsection (b), for purposes of sections 101 and 105 of title 17, a work produced by a civilian member of the faculty of a covered institution is only a work of the United States Government if the work is created in direct support of a lecture, instruction, curriculum development, or special duty assigned to such civilian member at the covered institution.</ins>
  - <ins>“(b) Use by Federal Government—The Secretary concerned may require a civilian member of the faculty of a covered institution who becomes the owner of a copyright in a work that would be considered a work of the United States Government but for the applicability of subsection (a) to—</ins>
  - <ins>“(1) provide the Federal Government with an irrevocable, royalty-free, world-wide, nonexclusive license to use, modify, reproduce, release, perform, display, or disclose such work for United States Government purposes; and</ins>
  - <ins>“(2) authorize the Federal Government to authorize persons that are not officers or employees of the Federal Government to use, modify, reproduce, release, perform, display, or disclose such work for United States Government purposes.</ins>
  - <ins>“(c) Covered institution defined—In this section, the term “covered institution” means the following:</ins>
  - <ins>“(1) National Defense University.</ins>
  - <ins>“(2) United States Military Academy.</ins>
  - <ins>“(3) Army War College.</ins>
  - <ins>“(4) United States Army Command and General Staff College.</ins>
  - <ins>“(5) United States Naval Academy.</ins>
  - <ins>“(6) Naval War College.</ins>
  - <ins>“(7) Naval Post Graduate School.</ins>
  - <ins>“(8) Marine Corps University.</ins>
  - <ins>“(9) United States Air Force Academy.</ins>
  - <ins>“(10) Air University.</ins>
  - <ins>“(11) Defense Language Institute.</ins>
  - <ins>“(12) United States Coast Guard Academy.”</ins>
- (b) <ins>Table of sections amendment—</ins> <ins>The table of sections at the beginning of such chapter is amended by adding at the end the following new item:</ins>

## Sec. 550E Preliminary inquiry on Arlington National Cemetery burial — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>The Department of Defense must ensure that only individuals who have served honorably are interred or inurned at Arlington National Cemetery.</ins>
  - (2) <ins>Recent news reports have alleged that Army Sergeant Jack Edward Dunlap, who was buried at Arlington National Cemetery in 1963, may have been the past subject of an espionage investigation by the National Security Agency, the results of which have not been made public.</ins>
- (b) <ins>Inquiry required—</ins> <ins>The General Counsel of the Department of the Army shall, pursuant to the terms of section 553.21 of title 32, Code of Federal Regulations, carry out a preliminary inquiry to investigate the Arlington National Cemetery burial of Jack Edward Dunlap due to accusations that he supplied the Soviet Union with valuable intelligence during the Cold War.</ins>

## Sec. 550F Availability of records for National Instant Criminal Background Check System — added

- (a) <ins>NICS records—</ins> <ins>Section 101(b) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911(b)) is amended—</ins>
  - (1) <ins>by redesignating paragraph (2) as paragraph (3); and</ins>
  - (2) <ins>by inserting after paragraph (1), the following new paragraph (2):</ins>
    - <ins>“(2) Department of Defense—Not later than three business days after the final disposition of a judicial proceeding conducted within the Department of Defense, the Secretary of Defense shall make available to the Attorney General records which are relevant to a determination of whether a member of the Armed Forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, for use in background checks performed by the National Instant Criminal Background Check System.”</ins>
- (b) <ins>Study and report on MPO database—</ins> <ins></ins>
  - (1) <ins>Study—</ins> <ins>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:</ins>
    - (A) <ins>The feasibility of creating a database to record, track, and report such military protective orders to the National Instant Criminal Background Check System.</ins>
    - (B) <ins>The feasibility of establishing a process by which a military judge or magistrate may issue a protective order against an individual suspected of having committed such an offense.</ins>
  - (2) <ins>Report—</ins> <ins>Not later then 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under paragraph (1).</ins>

## Sec. 550G Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service — added

- (a) <ins>Catastrophic injuries and illnesses—</ins> <ins>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:</ins>
  - <ins>“(4) Catastrophic injury or illness of lessee—The spouse of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date on which the lessee incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the lessee incurs the catastrophic injury or illness during a period of military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”</ins>
- (b) <ins>Deaths—</ins> <ins>Paragraph (3) of such subsection is amended by striking “in subsection (b)(1)” and inserting “in subsection (b)”.</ins>

## Sec. 550H To resolve controversies under Servicemembers Civil Relief Act — added

- (a) <ins>In general—</ins> <ins>Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. App. 512) is amended by adding at the end the following new subsection:</ins>
  - <ins>“(d) Written consent required for arbitration—Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.”</ins>
- (b) <ins>Applicability—</ins> <ins>Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.</ins>

## Sec. 550I Limitation on waiver of rights and protections under Servicemembers Civil Relief Act — added

- (a) <ins>In general—</ins> <ins>Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 517(a)) is amended—</ins>
  - (1) <ins>in the second sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “to which it applies”; and</ins>
  - (2) <ins>in the third sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “period of military service”.</ins>
- (b) <ins>Applicability—</ins> <ins>The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act.</ins>

## Sec. 550J Preservation of right to bring class action under Servicemembers Civil Relief Act — added

- (a) <ins>In general—</ins> <ins>Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. App. 597a(a)) is amended—</ins>
  - (1) <ins>in paragraph (1), by striking “and” at the end;</ins>
  - (2) <ins>in paragraph (2), by striking the period at the end and inserting “; and”; and</ins>
  - (3) <ins>by adding at the end the following new paragraph:</ins>
    - <ins>“(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.”</ins>
- (b) <ins>Construction—</ins> <ins>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.</ins>

## Sec. 550K Effective date of rule regarding payday lending protections — added

- (a) <ins>In general—</ins> <ins>Sections 1041.4 through 1041.6, 1041.10, and 1041.12(b)(1) through (3) in the final rule published on November 17, 2017 by the Bureau of Consumer Financial Protection (82 Fed. Reg. 54472) related to Mandatory Underwriting Provisions shall go into effect on August 19, 2019, with regards to servicemembers, veterans and surviving spouses.</ins>
- (b) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “servicemember” has the meaning given that term in section 101 of title 10, United States Code.</ins>
  - (2) <ins>The terms “veteran” and “surviving spouse” have the meanings given those terms in section 101 of title 38, United States Code.</ins>

## Sec. 550L Strengthening Civilian and Military Partnerships to Respond to Domestic and Sexual Violence — added

- (a) <ins>Study—</ins> <ins>Not later than one year after the enactment of this legislation, the Comptroller General of the United States shall submit to Congress a report on partnerships between military installations and civilian domestic and sexual violence response organizations, including—</ins>
  - (1) <ins>a review of memoranda of understanding between such installations and such response organizations;</ins>
  - (2) <ins>descriptions of the services provided pursuant to such partnerships;</ins>
  - (3) <ins>a review of the central plan, if any, of each service regarding such partnerships; and</ins>
  - (4) <ins>recommendations on increasing and improving such partnerships.</ins>
- (b) <ins>Civilian domestic and sexual violence response organization—</ins> <ins>In this section, the term “civilian domestic and sexual violence response organization” includes a rape crisis center, domestic violence shelter, civilian law enforcement, local government group, civilian sexual assault nurse examiner, civilian medical service provider, veterans service organization, faith-based organization, or Federally qualified health center.</ins>

## Sec. 550M Information on legal services provided to members of the Armed Forces harmed by health or environmental hazards at military housing — added

- (a) <ins>Report—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the legal services that the Secretary may provide to members of the Armed Forces who have been harmed by a health or environmental hazard while living in military housing.</ins>
- (b) <ins>Availability of information—</ins> <ins>The Secretary of the military department concerned shall make the information contained in the report submitted under subsection (a) available to members of the Armed Forces at all installations of the Department of Defense in the United States.</ins>

## Sec. 550N Initiative to improve the capacity of military criminal investigative organizations to prevent child sexual exploitation — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish an initiative on improving the capacity of military criminal investigative organizations to prevent child sexual exploitation. Under the initiative, the Secretary shall work with an external partner to train military criminal investigative organization officials at Department of Defense installations from all military departments regarding—</ins>
  - (1) <ins>online investigative technology, tools, and techniques;</ins>
  - (2) <ins>computer forensics;</ins>
  - (3) <ins>complex evidentiary issues;</ins>
  - (4) <ins>child victim identification;</ins>
  - (5) <ins>child victim referral for comprehensive investigation and treatment services; and</ins>
  - (6) <ins>related instruction.</ins>
- (b) <ins>Partnerships and agreements—</ins> <ins>Under the initiative, the Secretary shall develop partnerships and establish collaborative agreements with the following:</ins>
  - (1) <ins>The Department of Justice, Office of the Attorney General, in better coordinating the investigative jurisdictions and law enforcement authorities of the military criminal investigative organizations, and in improving the justice community’s understanding of those law enforcement authorities to enforce Federal criminal statutes.</ins>
  - (2) <ins>Federal criminal investigative organizations responsible for enforcement of Federal criminal statutes related to combatting child sexual exploitation, in order to ensure a streamlined process for transferring criminal investigations into child exploitation to other jurisdictions, while maintaining the integrity of the evidence already collected.</ins>
  - (3) <ins>A highly qualified national child protection organization or law enforcement training center with demonstrated expertise in the delivery of law enforcement training—</ins>
    - (A) <ins>to detect, identify, investigate, and prosecute individuals engaged in the trading or production of child pornography and the online solicitation of children; and</ins>
    - (B) <ins>to train military criminal investigative organization officials at Department of Defense installations from all military departments.</ins>
  - (4) <ins>A highly qualified national child protection organization with demonstrated expertise in the development and delivery of multidisciplinary intervention training including evidence-based forensic interviewing, victim advocacy, trauma-informed mental health services, medical services, and multidisciplinary coordination between the Department of Defense and civilian experts to improve outcomes for victims of child sexual exploitation.</ins>
  - (5) <ins>Children’s Advocacy Centers located in the same communities as military installations that coordinate the multidisciplinary team response and child-friendly approach to identifying, investigating, prosecuting, and intervening in child sexual exploitation cases that can partner with military installations on law enforcement, child protection, prosecution, mental health, medical, and victim advocacy to investigate sexual exploitation, help children heal from sexual exploitation, and hold offenders accountable.</ins>
  - (6) <ins>State and local authorities to address law enforcement capacity in communities where military installations are located, and to prevent lapses in jurisdiction that would undercut the Department’s efforts to prevent child sexual exploitation.</ins>
  - (7) <ins>The National Association to Protect Children and the United States Special Operations Command Care Coalition to replicate successful outcomes of the Human Exploitation Rescue Operative (HERO) Child Rescue Corps, as established by section 890A of the Homeland Security Act of 2002 (6 U.S.C. 473), within military criminal investigative organizations and other Department components to combat child sexual exploitation.</ins>
- (c) <ins>Locations—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary shall carry out the initiative—</ins>
    - (A) <ins>in at least two States where there is a high density of Department network users in comparison to the overall population of the States;</ins>
    - (B) <ins>in at least two States where there is a high population of Department network users;</ins>
    - (C) <ins>in at least two States where there is a large percentage of Indian children, including children who are Alaska Native or Native Hawaiian;</ins>
    - (D) <ins>in at least one State with a population with fewer than 2,000,000 people;</ins>
    - (E) <ins>in at least one State with a population with fewer than 5,000,000 people, but not fewer than 2,000,000 people;</ins>
    - (F) <ins>in at least one State with a population with fewer than 10,000,000 people, but not fewer than 5,000,000; and</ins>
    - (G) <ins>in at least one State with a population with 10,000,000 or more people.</ins>
  - (2) <ins>Geographic distribution—</ins> <ins>The Secretary shall ensure that the locations at which the initiative is carried out are distributed across different regions.</ins>
- (d) <ins>Additional requirements—</ins> <ins>In carrying out the initiative, the Secretary shall—</ins>
  - (1) <ins>participate in multi-jurisdictional task forces;</ins>
  - (2) <ins>establish cooperative agreements to facilitate co-training and collaboration with Federal, State, and local law enforcement; and</ins>
  - (3) <ins>develop a streamlined process to refer child sexual abuse cases to other jurisdictions.</ins>

## Sec. 550O Treatment of information in Catch a Serial Offender Program for certain purposes — added

- (a) <ins>Exclusion from FOIA—</ins> <ins>Section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”), shall not apply to any report for purposes of the Catch a Serial Offender Program.</ins>
- (b) <ins>Preservation of restricted report—</ins> <ins>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.</ins>

## Sec. 550P Preservation of recourse to restricted report on sexual assault for victims of sexual assault being investigated following certain victim or third-party communications — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall establish a policy that allows a member of the Armed Forces who is the victim of a sexual assault that is or may be investigated as a result of a communication described in subsection (b) to elect to have the member’s reporting on such sexual assault be treated as a Restricted Report without regard to the party initiating or receiving such communication.</ins>
- (b) <ins>Communication—</ins> <ins>A communication described in this subsection is a communication on a sexual assault as follows:</ins>
  - (1) <ins>By the member concerned to a member of the Armed Forces in the chain of command of such member, whether a commissioned officer or a non-commissioned officer.</ins>
  - (2) <ins>By the member concerned to military law enforcement personnel or personnel of a military criminal investigation organization (MCIO).</ins>
  - (3) <ins>By any individual other than the member concerned.</ins>

## Sec. 552 Education of members of the Armed Forces on career readiness and professional development

- (a) Programs of education required—
  - (1) In general— Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section:
    - “2015a. Education of members on career readiness and professional development
    - “(a) Program of education required—The Secretary of Defense shall carry out a program to provide education on career readiness and professional development to members of the armed forces.
    - “(b) Elements—The program under this section shall provide members with the following:
    - “(1) Information on the transition plan as described in section 1142(b)(10) of this title.
    - “(2) Information on opportunities available to members during military service for professional development and preparation for a career after military service, including—
    - “(A) programs of education, certification, training, and employment assistance (including programs under sections 1143(e), 2007, and 2015 of this title); and
    - “(B) programs and resources available to members in communities in the vicinity of military installations.
    - “(3) Instruction on the use of online and other electronic mechanisms in order to access the education, training, and assistance and resources described in paragraph (2).
    - “(4) Such other information, instruction, and matters as the Secretary shall specify for purposes of this section.
    - “(c) Timing of provision of information—Subject to subsection (d), information, instruction, and other matters under the program under this section shall be provided to members at the times as follows:
    - “(1) Upon arrival at first duty station.
    - “(2) Upon arrival at any subsequent duty station.
    - “(3) Upon deployment.
    - “(4) Upon promotion.
    - “(5) Upon reenlistment.
    - “(6) At any other point in a military career specified by the Secretary for purposes of this <del>section</del><ins>section.</ins>
    - “(d) Single provision of information in a year with multiple events—A member who has received information and instruction under the program under this section in connection with an event specified in subsection (c) in a year may elect not to undergo additional receipt of information and instruction under the program in connection with another such event in the year, unless such other event is arrival at a new duty station.”
  - (2) Clerical amendment— The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2015 the following new item:
- (b) Report on implementation—
  - (1) In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the program of education required by section 2015a of title 10, United States Code (as added by subsection (a)), including the following:
    - (A) A comprehensive description of the actions taken to implement the program of education.
    - (B) A comprehensive description of the program of education.
  - (2) Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
    - (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
    - (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.

## Sec. 555 Inclusion of Coast Guard in Department of Defense STARBASE Program

- <ins>Section 2193b of title 10, United States Code, is further amended—</ins>
- (a) <del>In general—</del> <del>Chapter 751 of title 10, United States Code, is amended by adding at the end the following new section:</del>
  - <del>“7422. Degree granting authority for United States Army Armament Graduate School</del>
  - <del>“(a) Authority—Under regulations prescribed by the Secretary of the Army, the Chancellor of the United States Army Armament Graduate School may, upon the recommendation of the faculty and provost of the college, confer appropriate degrees upon graduates who meet the degree requirements.</del>
  - <del>“(b) Limitation—A degree may not be conferred under this section unless—</del>
  - <del>“(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and</del>
  - <del>“(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.</del>
  - <del>“(c) Congressional notification requirements</del>
  - <del>“(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—</del>
  - <del>“(A) a copy of the self-assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and</del>
  - <del>“(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.</del>
  - <del>“(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.</del>
  - <del>“(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army Armament Graduate School to award any new or existing degree.”</del>
- (1) <del>Clerical amendment—</del> <del>The table of sections at </del><ins>in subsection (a), by inserting “and </ins>the <del>beginning </del><ins>Secretary </ins>of <del>such chapter is amended by adding at </del>the <del>end </del><ins>Department in which </ins>the <del>following new item:</del><ins>Coast Guard is operating” after “military departments”; and</ins>
- (2) <ins>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”.</ins>

## Sec. 556 Degree granting authority for United States Army Armament Graduate School

- (a) <ins>In general—</ins> <ins>Chapter 751 of title 10, United States Code, is amended by adding at the end the following new section:</ins>
  - <ins>“7422. Degree granting authority for United States Army Armament Graduate School</ins>
  - <ins>“(a) Authority—Under regulations prescribed by the Secretary of the Army, the Chancellor of the United States Army Armament Graduate School may, upon the recommendation of the faculty and provost of the college, confer appropriate degrees upon graduates who meet the degree requirements.</ins>
  - <ins>“(b) Limitation—A degree may not be conferred under this section unless—</ins>
  - <ins>“(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and</ins>
  - <ins>“(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.</ins>
  - <ins>“(c) Congressional notification requirements</ins>
  - <ins>“(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—</ins>
  - <ins>“(A) a copy of the self-assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and</ins>
  - <ins>“(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.</ins>
  - <ins>“(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.</ins>
  - <ins>“(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army Armament Graduate School to award any new or existing degree.”</ins>
- (b) <ins>Clerical amendment—</ins> <ins>The table of sections at the beginning of such chapter is amended by adding at the end the following new item:</ins>
- <del>Section 7442 of title 10, United States Code, is amended by adding at the end the following new subsection:</del>
- <del>“(k) Any candidate not nominated under paragraphs (3) through (10) of subsection (a) may be considered by the Secretary of the Army in order of merit for appointment as a Senior Reserve Officers’ Training Corps cadet under section 2107 of this title.”</del>

## Sec. 557 Congressional nominations for Senior Reserve Officers’ Training Corps scholarships

- <ins>Section 7442 of title 10, United States Code, is amended by adding at the end the following new subsection:</ins>
- <ins>“(k) Any candidate not nominated under paragraphs (3) through (10) of subsection (a) may be considered by the Secretary of the Army in order of merit for appointment as a Senior Reserve Officers’ Training Corps cadet under section 2107 of this title.”</ins>
- (a) <del>Military academy—</del> <del>Section 7461 of title 10, United States Code, is amended by adding at the end the following new subsection:</del>
  - <del>“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense</del>
  - <del>“(1) The Secretary of the Army shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.</del>
  - <del>“(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Military Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer—</del>
  - <del>“(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and</del>
  - <del>“(B) to approve such application unless there are exceptional circumstances that require denial of the application.</del>
  - <del>“(3) If the Superintendent of the Military Academy or the Superintendent of the military service academy to which the cadet wishes to transfer denies an application under this subsection, the cadet may request review of the denial by the Secretary concerned, who shall grant or deny review not later than 72 hours after submission of the request for review.</del>
  - <del>“(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.</del>
  - <del>“(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the 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.”</del>
- (b) <del>Naval academy—</del> <del>Section 8480 of title 10, United States Code, is amended by adding at the end the following new subsection:</del>
  - <del>“(e) Consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense</del>
  - <del>“(1) The Secretary of the Navy shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a midshipman who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the midshipman for reporting the sexual assault or other offense.</del>
  - <del>“(2) The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman wishes to transfer—</del>
  - <del>“(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and</del>
  - <del>“(B) to approve such application unless there are exceptional circumstances that require denial of the application.</del>
  - <del>“(3) If the Superintendent of the Naval Academy or the Superintendent of the military service academy to which the midshipman wishes to transfer denies an application under this subsection, the midshipman may request review of the denial by the Secretary concerned, who shall grant or deny review not later than 72 hours after submission of the request for review.</del>
  - <del>“(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.</del>
  - <del>“(5) A midshipman who transfers under this subsection may retain the midshipman’s appointment to the Naval Academy or may be appointed to the military service academy to which the midshipman transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”</del>
- (c) <del>Air force academy—</del> <del>Section 9461 of title 10, United States Code, is amended by adding at the end the following new subsection:</del>
  - <del>“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense</del>
  - <del>“(1) The Secretary of the Air Force shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.</del>
  - <del>“(2) The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer—</del>
  - <del>“(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and</del>
  - <del>“(B) to approve such application unless there are exceptional circumstances that require denial of the application.</del>
  - <del>“(3) If the Superintendent of the Air Force Academy or the Superintendent of the military service academy to which the cadet wishes to transfer denies an application under this subsection, the cadet may request review of the denial by the Secretary concerned, who shall grant or deny review not later than 72 hours after submission of the request for review.</del>
  - <del>“(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.</del>
  - <del>“(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the Air Force Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”</del>

## Sec. 558 Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense

- (a) <del>Redesignation—</del><ins>Military academy—</ins> Section <del>9414b(a) </del><ins>7461 </ins>of title 10, United States Code, is <del>amended—</del><ins>amended by adding at the end the following new subsection:</ins>
  - <ins>“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense</ins>
  - <ins>“(1) The Secretary of the Army shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.</ins>
  - <ins>“(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Military Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer—</ins>
  - <ins>“(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and</ins>
  - <ins>“(B) to approve such application unless there are exceptional circumstances that require denial of the application.</ins>
  - <ins>“(3) If the Superintendent of the Military Academy or the Superintendent of the military service academy to which the cadet wishes to transfer denies an application under this subsection, the cadet may request review of the denial by the Secretary concerned, who shall grant or deny review not later than 72 hours after submission of the request for review.</ins>
  - <ins>“(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.</ins>
  - <ins>“(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the 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.”</ins>
  - (1) <del>in the subsection heading, by striking “Commandant” and inserting “Director and Chancellor”;</del>
  - (2) <del>by striking “Commandant” each place it appears and inserting “Director and Chancellor”; and</del>
  - (3) <del>in the heading of paragraph (3), by striking “Commandant” and inserting “Director and Chancellor”.</del>
- (b) <del>Conforming amendment—</del><ins>Naval academy—</ins> Section <del>9414 </del><ins>8480 </ins>of <del>such </del>title <ins>10, United States Code, </ins>is amended by <del>striking “Commandant” both places it appears and inserting “Director and Chancellor”.</del><ins>adding at the end the following new subsection:</ins>
  - <ins>“(e) Consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense</ins>
  - <ins>“(1) The Secretary of the Navy shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a midshipman who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the midshipman for reporting the sexual assault or other offense.</ins>
  - <ins>“(2) The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman wishes to transfer—</ins>
  - <ins>“(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and</ins>
  - <ins>“(B) to approve such application unless there are exceptional circumstances that require denial of the application.</ins>
  - <ins>“(3) If the Superintendent of the Naval Academy or the Superintendent of the military service academy to which the midshipman wishes to transfer denies an application under this subsection, the midshipman may request review of the denial by the Secretary concerned, who shall grant or deny review not later than 72 hours after submission of the request for review.</ins>
  - <ins>“(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.</ins>
  - <ins>“(5) A midshipman who transfers under this subsection may retain the midshipman’s appointment to the Naval Academy or may be appointed to the military service academy to which the midshipman transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”</ins>
- (c) <del>References—</del><ins>Air force academy—</ins> <del>Any reference in any law, regulation, map, document, paper, or other record of the United States to the Commandant </del><ins>Section 9461 </ins>of <del>the </del><ins>title 10, </ins>United States <del>Air Force Institute of Technology shall be deemed to be a reference to </del><ins>Code, is amended by adding at </ins>the <del>Director and Chancellor of </del><ins>end </ins>the <del>United States Air Force Institute of Technology.</del><ins>following new subsection:</ins>
  - <ins>“(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense</ins>
  - <ins>“(1) The Secretary of the Air Force shall provide for timely determination and action on an application for consideration of a transfer to another military service academy submitted by a cadet who was a victim of a sexual assault or other offense covered by section 920, 920a, or 920c of this title (article 120, 120a, or 120c of the Uniform Code of Military Justice) so as to reduce the possibility of retaliation against the cadet for reporting the sexual assault or other offense.</ins>
  - <ins>“(2) The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that direct the Superintendent of the Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet wishes to transfer—</ins>
  - <ins>“(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and</ins>
  - <ins>“(B) to approve such application unless there are exceptional circumstances that require denial of the application.</ins>
  - <ins>“(3) If the Superintendent of the Air Force Academy or the Superintendent of the military service academy to which the cadet wishes to transfer denies an application under this subsection, the cadet may request review of the denial by the Secretary concerned, who shall grant or deny review not later than 72 hours after submission of the request for review.</ins>
  - <ins>“(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.</ins>
  - <ins>“(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the Air Force Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”</ins>

## Sec. 559 Redesignation of the Commandant of the United States Air Force Institute of Technology as the Director and Chancellor of such Institute

- (a) <ins>Redesignation—</ins> <ins>Section 9414b(a) of title 10, United States Code, is amended—</ins>
  - (1) <ins>in the subsection heading, by striking “Commandant” and inserting “Director and Chancellor”;</ins>
  - (2) <ins>by striking “Commandant” each place it appears and inserting “Director and Chancellor”; and</ins>
  - (3) <ins>in the heading of paragraph (3), by striking “Commandant” and inserting “Director and Chancellor”.</ins>
- (b) <ins>Conforming amendment—</ins> <ins>Section 9414 of such title is amended by striking “Commandant” both places it appears and inserting “Director and Chancellor”.</ins>
- (c) <ins>References—</ins> <ins>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.</ins>
- <del>Section 9415(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:</del>
- <del>“(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.”</del>

## Sec. 560 Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force

- <ins>Section 9415(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:</ins>
- <ins>“(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.”</ins>
- (a) <del>In general—</del> <del>The Secretary of Defense, in consultation with the Secretaries of the military departments, shall prescribe in regulations a safe-to-report policy described in subsection (b) that applies with respect to cadets and midshipmen at the military service academies.</del>
- (b) <del>Safe-to-report policy—</del> <del>The safe-to-report policy described in this subsection is a policy under which a cadet or midshipman at a military service academy who is the alleged victim of sexual assault, but who may have committed minor collateral misconduct at or about the time of such sexual assault, or whose minor collateral misconduct is discovered only as a result of the investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct.</del>
- (c) <del>Minor collateral misconduct—</del> <del>For purposes of the safe-to-report policy, minor collateral misconduct shall include any of the following:</del>
  - (1) <del>Improper use or possession of alcohol.</del>
  - (2) <del>Consensual intimate behavior or fraternization with another cadet or midshipman.</del>
  - (3) <del>Presence in an off-limits area.</del>
  - (4) <del>Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).</del>
- (d) <del>Military service academy defined—</del> <del>In this section, the term “military service academy” means the following:</del>
  - (1) <del>The United States Military Academy.</del>
  - (2) <del>The United States Naval Academy.</del>
  - (3) <del>The United States Air Force Academy.</del>
  - (4) <del>The United States Coast Guard Academy.</del>

## Sec. 560a Recoupment of funds from cadets and midshipmen separated for criminal misconduct — removed

- <del>Not later than September 30, 2020, each Secretary of a military department shall prescribe regulations by which the Superintendent of a military service academy under the jurisdiction of the Secretary shall, pursuant to section 303a(e) of title 37, United States Code, recoup the cost of advanced education received by a cadet or midshipman who is separated from that military service academy—</del>
- (1) <del>at any time before the cadet or midshipman graduates from the military service academy; and</del>
- (2) <del>for criminal misconduct by the cadet or midshipman.</del>

## Sec. 560A Safe-to-report policy applicable to military service academies — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense, in consultation with the Secretaries of the military departments, shall prescribe in regulations a safe-to-report policy described in subsection (b) that applies with respect to cadets and midshipmen at the military service academies.</ins>
- (b) <ins>Safe-to-Report policy—</ins> <ins>The safe-to-report policy described in this subsection is a policy under which a cadet or midshipman at a military service academy who is the alleged victim of sexual assault, but who may have committed minor collateral misconduct at or about the time of such sexual assault, or whose minor collateral misconduct is discovered only as a result of the investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct.</ins>
- (c) <ins>Minor collateral misconduct—</ins> <ins>For purposes of the safe-to-report policy, minor collateral misconduct shall include any of the following:</ins>
  - (1) <ins>Improper use or possession of alcohol.</ins>
  - (2) <ins>Consensual intimate behavior or fraternization with another cadet or midshipman.</ins>
  - (3) <ins>Presence in an off-limits area.</ins>
  - (4) <ins>Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).</ins>
- (d) <ins>Military service academy defined—</ins> <ins>In this section, the term “military service academy” means the following:</ins>
  - (1) <ins>The United States Military Academy.</ins>
  - (2) <ins>The United States Naval Academy.</ins>
  - (3) <ins>The United States Air Force Academy.</ins>
  - (4) <ins>The United States Coast Guard Academy.</ins>

## Sec. 560B Recoupment of funds from cadets and midshipmen separated for criminal misconduct — added

- <ins>Not later than September 30, 2020, each Secretary of a military department shall prescribe regulations by which the Superintendent of a military service academy under the jurisdiction of the Secretary shall, pursuant to section 303a(e) of title 37, United States Code, recoup the cost of advanced education received by a cadet or midshipman who is separated from that military service academy—</ins>
- (1) <ins>at any time before the cadet or midshipman graduates from the military service academy; and</ins>
- (2) <ins>for criminal misconduct by the cadet or midshipman.</ins>

## Sec. 560C Commission of graduates of the military service academies as officers — added

- (a) <ins>Military Academy—</ins> <ins>Section 7453(b) of title 10, United States Code, is amended by striking “may” and inserting “shall”.</ins>
- (b) <ins>Naval Academy—</ins> <ins>Section 8467 of title 10, United States Code, is amended—</ins>
  - (1) <ins>by striking the heading and inserting “Midshipmen: degree and commission on graduation”;</ins>
  - (2) <ins>by inserting “(a)” before “Under”; and</ins>
  - (3) <ins>by adding at the end the following new subsection:</ins>
    - <ins>“(b) Notwithstanding any other provision of law, a midshipman who completes the prescribed course of instruction shall, upon graduation, be appointed an ensign in the Regular Navy or a second lieutenant in the Marine Corps under section 531 of this title.”</ins>
- (c) <ins>Air Force Academy—</ins> <ins>Section 9453(b) of title 10, United States Code, is amended by striking “may” and inserting “shall”.</ins>

## Sec. 560D Support of military service academy foundations — added

- (a) <ins>In general—</ins> <ins>Chapter 155 of title 10, United States Code, is amended by adding at the end the following new section:</ins>
  - <ins>“2616. Support of military service academy foundations</ins>
  - <ins>“(a) Authority—Subject to subsection (b), the Secretary concerned may provide the following support to a covered foundation:</ins>
  - <ins>“(1) Participation in fundraising or a membership drive for the covered foundation by any—</ins>
  - <ins>“(A) general or flag officer;</ins>
  - <ins>“(B) Senior Executive Service employee assigned to the service academy supported by that covered foundation; or</ins>
  - <ins>“(C) official designated by the Secretary concerned.</ins>
  - <ins>“(2) Endorsement by an individual described in paragraph (1) of—</ins>
  - <ins>“(A) the covered foundation;</ins>
  - <ins>“(B) an event of the covered foundation; or</ins>
  - <ins>“(C) an activity of the covered foundation.</ins>
  - <ins>“(b) Limitations—Support under subsection (a) may be provided only if such support—</ins>
  - <ins>“(1) is without any liability of the United States to the covered foundation;</ins>
  - <ins>“(2) does not affect the ability of any official or employee of the Department of Defense or the Department of Homeland Security, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;</ins>
  - <ins>“(3) does not compromise the integrity or appearance of integrity of any program of the Department of Defense or the Department of Homeland Security, or any individual involved in such a program; and</ins>
  - <ins>“(4) does not include the participation of any cadet or midshipman.</ins>
  - <ins>“(c) Briefing—In any fiscal year during which support is provided under subsection (a), the Secretary concerned shall provide a briefing not later than the last day of that fiscal year to the congressional defense committees regarding the following:</ins>
  - <ins>“(1) The number of events, activities, or fundraising or membership drives of a covered foundation in which an individual described in subsection (a)(1) participated during such fiscal year.</ins>
  - <ins>“(2) The amount of funds raised for each covered foundation during each such event, activity, or drive.</ins>
  - <ins>“(3) Each designated purpose of funds described in paragraph (2).</ins>
  - <ins>“(d) Covered foundation defined—In this section, the term “covered foundation” means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a military service academy, any of the following:</ins>
  - <ins>“(1) Recruiting.</ins>
  - <ins>“(2) Parent or alumni development.</ins>
  - <ins>“(3) Academic, leadership, or character development.</ins>
  - <ins>“(4) Institutional development.</ins>
  - <ins>“(5) Athletics.”</ins>
- (b) <ins>Clerical amendment—</ins> <ins>The table of sections at the beginning of such chapter is amended by adding at the end the following new item:</ins>

## Sec. 560E Requirement to continue provision of tuition assistance for members of the armed forces — added

- <ins>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.</ins>

## Sec. 560F Review of institutions of higher education participating in the Department of Defense Tuition Assistance Program — added

- (a) <ins>List of participating institutions—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary of Defense shall make available, on a publicly accessible website of the Department of Defense, a list that identifies—</ins>
    - (A) <ins>each institution of higher education that receives funds under the Department of Defense Tuition Assistance Program; and</ins>
    - (B) <ins>the amount of such funds received by the institution.</ins>
  - (2) <ins>Annual updates—</ins> <ins>The Secretary of Defense shall update the list described in paragraph (1) not less frequently than once annually.</ins>
- (b) <ins>Audit of certain institutions—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary of Defense shall audit the eligibility a proprietary institution of higher education to participate in the Department of Defense Tuition Assistance Program if the institution does not meet the financial responsibility standards under section 498 of the Higher Education Act of 1965 (20 U.S.C. 1099c).</ins>
  - (2) <ins>Publication required—</ins> <ins>The results of each audit conducted under paragraph (1) shall be made available on a publicly accessible website of the Department of Defense not later than 30 days after the date on which the audit is complete.</ins>

## Sec. 560G Inclusion of information on free credit monitoring in annual financial literacy briefing — added

- <ins>The Secretary of each military department shall ensure that the annual financial literacy education briefing provided to servicemembers 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)).</ins>

## Sec. 560H Speech disorders of cadets and midshipmen — added

- (a) <ins>Testing—</ins> <ins>The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent.</ins>
- (b) <ins>No effect on admission—</ins> <ins>The testing under subsection (a) may not have any affect on admission to a military service academy.</ins>
- (c) <ins>Results—</ins> <ins>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 specialists that require successful performance on the speech test.</ins>
- (d) <ins>Therapy—</ins> <ins>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.</ins>
- (e) <ins>Retaking—</ins> <ins>A cadet or midshipman whose testing indicate a speech disorder or impediment may elect to retake the testing once each academic year while enrolled at the military service academy.</ins>

## Sec. 567 Requirement to provide information regarding benefits claims to members during TAP counseling — added

- <ins>Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:</ins>
- <ins>“(19) Information regarding how to file claims for benefits available to the member under laws administered by the Secretaries of Defense and Veterans Affairs.”</ins>

## Sec. 568 Expansion and renaming of the Troops-to-Teachers Program — added

- (a) <ins>Troops-to-Support-Education Program—</ins> <ins>Section 1154 of title 10, United States Code, is amended—</ins>
  - (1) <ins>in the section heading, by striking: “employment as teachers: Troops-to-Teachers Program” and inserting “employment in schools: Troops-to-Support-Education Program”;</ins>
  - (2) <ins>in subsection (a)—</ins>
    - (A) <ins>in paragraph (6), by striking “Troops-to-Teachers” and inserting “Troops-to-Support-Education”;</ins>
    - (B) <ins>by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively;</ins>
    - (C) <ins>by inserting after paragraph (6) the following new paragraphs:</ins>
      - <ins>“(7) Qualifying position</ins>
      - <ins>“(A) Except as provided in subparagraph (B), the term qualifying position means any full-time position in an eligible school, including a position as:</ins>
      - <ins>“(i) a teacher, including an elementary school teacher, a secondary school teacher, or a career or technical education teacher;</ins>
      - <ins>“(ii) a school resource officer;</ins>
      - <ins>“(iii) a school leader;</ins>
      - <ins>“(iv) specialized instructional support personnel;</ins>
      - <ins>“(v) a paraprofessional; or</ins>
      - <ins>“(vi) other staff.</ins>
      - <ins>“(B) Such term does not include a position that is—</ins>
      - <ins>“(i) performed primarily at a location outside the grounds of an eligible school; or</ins>
      - <ins>“(ii) held by an individual who is employed by a contractor.</ins>
      - <ins>“(8) School resource officer—The term school resource officer has the meaning given that term in section 1709(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389(4)).”</ins>
    - (D) <ins>by amending paragraph (10), as so redesignated, to read as follows:</ins>
      - <ins>“(10) Additional terms—The terms elementary school, local educational agency, other staff, paraprofessional, school leader, secondary school, specialized instructional support personnel, and State have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”</ins>
  - (3) <ins>in subsection (b)—</ins>
    - (A) <ins>in the matter preceding paragraph (1), by striking “Troops-to-Teachers” and inserting “Troops-to-Support-Education”; and</ins>
    - (B) <ins>in paragraph (1), by striking “become a teacher” and inserting “obtain a qualifying position”;</ins>
    - (C) <ins>in paragraph (2)(A)—</ins>
      - (i) <ins>in clause (i), by striking “or” at the end;</ins>
      - (ii) <ins>in cluase (ii), by striking “and” at the end and inserting “or”; and</ins>
      - (iii) <ins>by adding at the end the following new clause:</ins>
        - <ins>“(iii) experiencing a shortage of personnel to fill qualifying positions; and”</ins>
  - (4) <ins>in subsection (d)(3)—</ins>
    - (A) <ins>by redesignating subparagraph (D) as subparagraph (E); and</ins>
    - (B) <ins>by inserting after subparagraph (C) the following new subparagraph:</ins>
      - <ins>“(D) If a member of the armed forces is applying for the Program to receive assistance for placement in a qualifying position other than a position as a teacher described in subparagraph (B) or subparagraph (C), the Secretary shall require the member to obtain the professional credentials that are required by the State for the position involved.”</ins>
  - (5) <ins>in subsection (e)—</ins>
    - (A) <ins>in paragraph (1)(A)—</ins>
      - (i) <ins>in clause (i), by striking “become a teacher” and inserting “obtain a qualifying position”; and</ins>
      - (ii) <ins>in clause (ii), by striking “as an elementary school teacher” and all that follows through the period at the end and inserting “in a qualifying position for not less than three school years in an eligible school to begin the school year after the member obtains the professional credentials required for the position involved”;</ins>
    - (B) <ins>in paragraph (2)(E), by striking “as a teacher in an eligible elementary school or secondary school or as a career or technical teacher” and inserting “in a qualifying position”; and</ins>
    - (C) <ins>in paragraph (3)—</ins>
      - (i) <ins>in subparagraph (A), by striking “educational level, certification, or licensing” and inserting “educational level, certification, licensing, or other professional credentials”;</ins>
      - (ii) <ins>in subparagraph (B)(i), by striking “as an elementary school teacher, secondary school teacher, or career or technical teacher” and inserting “in a qualifying position”; and</ins>
      - (iii) <ins>in subparagraph (C)—</ins>
        - (I) <ins>in clause (i), by striking “5,000” and inserting “7500”; and</ins>
        - (II) <ins>in clause (ii), by striking “3,000” and inserting “4500”;</ins>
  - (6) <ins>in subsection (f)(1)—</ins>
    - (A) <ins>in subparagraph (A)—</ins>
      - (i) <ins>by striking “become a teacher” and inserting “obtain a qualifying position”; and</ins>
      - (ii) <ins>by striking “as an elementary school teacher, secondary school teacher, or career or technical teacher” and insert “in a qualifying position”; and</ins>
    - (B) <ins>in subparagraph (B), by striking “, employment as an elementary school teacher, secondary school teacher, or career or technical teacher” and inserting “employment in a qualifying position”;</ins>
  - (7) <ins>in subsection (h)(2)(A) by striking “as elementary school teachers, secondary school teachers, and career or technical teachers” and inserting “in qualifying positions”;</ins>
  - (8) <ins>in subsection (i), by striking “$15,000,000” and inserting “$20,000,000”; and</ins>
  - (9) <ins>by adding at the end the following new subsection:</ins>
    - <ins>“(j) Public-private partnership</ins>
    - <ins>“(1) In general—The Secretary may enter into one or more partnerships with nonprofit entities, including veterans service organizations, to assist with the placement of participants in eligible schools in accordance with this section.</ins>
    - <ins>“(2) Nonprofit entity defined—In this subsection, the term nonprofit entity means an entity qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986.”</ins>
- (b) <ins>Conforming amendment and references—</ins> <ins></ins>
  - (1) <ins>Table of sections—</ins> <ins>The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1154 and inserting the following new item:</ins>
  - (2) <ins>References—</ins> <ins>Any reference in Federal law (other than this Act), regulations, guidance, instructions, or other documents of the Federal Government to the Troops-to-Teachers Program shall be deemed to be a reference to the Troops-to-Support-Education Program.</ins>

## Sec. 569 Transition outreach pilot program — added

- (a) <ins>Establishment—</ins> <ins>Not later than 90 days after the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of Veterans Affairs, Labor, Education, and Homeland Security, and the Administrator of the Small Business Administration, shall establish a pilot program through the Transition to Veterans Program Office that fosters contact between veterans and the Department of Defense.</ins>
- (b) <ins>Contact—</ins> <ins>The Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall direct the Military Transition Assistance Teams of the Department of Defense to contact each veteran from the Armed Forces at least twice during each of the first three months after the veteran separates from the Armed Forces to—</ins>
  - (1) <ins>inquire about the transition of the separated member to civilian life, including—</ins>
    - (A) <ins>employment;</ins>
    - (B) <ins>veterans benefits;</ins>
    - (C) <ins>education;</ins>
    - (D) <ins>family life; and</ins>
  - (2) <ins>hear concerns of the veteran regarding transition.</ins>
- (c) <ins>Termination—</ins> <ins>The Secretary shall complete operation of the pilot program under this section not later than September 30, 2020.</ins>
- (d) <ins>Report—</ins> <ins>Not later than 90 days after termination of the pilot program under this section, the Secretary of Defense shall submit a report to Congress regarding such pilot program, including the following, disaggregated by armed force:</ins>
  - (1) <ins>The number of veterans contacted, including how many times such veterans were contacted.</ins>
  - (2) <ins>Information regarding the age, sex, and geographic region of contacted veterans.</ins>
  - (3) <ins>Concerns most frequently raised by the veterans.</ins>
  - (4) <ins>What benefits the contacted veterans have received, and an estimate of the cost to the Federal Government for such benefits.</ins>
  - (5) <ins>How many contacted veterans are employed or have sought employment, including what fields of employment.</ins>
  - (6) <ins>How many contacted veterans are enrolled or have sought to enroll in a course of education, including what fields of study.</ins>
  - (7) <ins>Recommendations for legislation to improve the long-term effectiveness of TAP and the well-being of veterans.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “armed force” has the meaning given that term in section 101 of title 10, United States Code.</ins>
  - (2) <ins>The term “TAP” means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.</ins>
  - (3) <ins>The term “veteran” has the meaning given that term in section 101 of title 38, United States Code.</ins>

## Sec. 570 Training program regarding disinformation campaigns — added

- (a) <ins>Establishment—</ins> <ins>Not later than September 30, 2020, the Secretary of Defense shall establish a program for training members of the Armed Forces and employees of the Department of Defense regarding the threat of disinformation campaigns specifically targeted at such individuals and the families of such individuals.</ins>
- (b) <ins>Report required—</ins> <ins>Not later than October 30, 2020, the Secretary of Defense shall submit a report to the congressional defense committees regarding the program under subsection (a).</ins>

## Sec. 570A Assessment and study of Transition Assistance Program — added

- (a) <ins>One-Year independent assessment of the effectiveness of TAP—</ins> <ins></ins>
  - (1) <ins>Independent assessment—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the covered officials, shall enter into an agreement with an appropriate entity with experience in adult education to carry out a 1-year independent assessment of TAP, including—</ins>
    - (A) <ins>the effectiveness of TAP for members of each military department during the entire military life cycle;</ins>
    - (B) <ins>the appropriateness of the TAP career readiness standards;</ins>
    - (C) <ins>a review of information that is provided to the Department of Veterans Affairs under TAP, including mental health data;</ins>
    - (D) <ins>whether TAP effectively addresses the challenges veterans face entering the civilian workforce and in translating experience and skills from military service to the job market;</ins>
    - (E) <ins>whether TAP effectively addresses the challenges faced by the families of veterans making the transition to civilian life;</ins>
    - (F) <ins>appropriate metrics regarding TAP outcomes for members of the Armed Forces one year after separation, retirement, or discharge from the Armed Forces;</ins>
    - (G) <ins>what the Secretary, in consultation with the covered officials and veterans service organizations determine to be successful outcomes for TAP;</ins>
    - (H) <ins>whether members of the Armed Forces achieve successful outcomes for TAP, as determined under subparagraph (G);</ins>
    - (I) <ins>how the Secretary and the covered officials provide feedback to each other regarding such outcomes;</ins>
    - (J) <ins>recommendations for the Secretaries of the military departments regarding how to improve outcomes for members of the Armed Forces after separation, retirement, and discharge; and</ins>
    - (K) <ins>other topics the Secretary and the covered officials determine would aid members of the Armed Forces as they transition to civilian life.</ins>
  - (2) <ins>Report—</ins> <ins>Not later than 90 days after the completion of the independent assessment under paragraph (1), the Secretary and the covered officials, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives—</ins>
    - (A) <ins>the findings and recommendations (including recommended legislation) of the independent assessment prepared by the entity described in paragraph (1); and</ins>
    - (B) <ins>responses of the Secretary and the covered officials to the findings and recommendations described in subparagraph (G).</ins>
  - (3) <ins>Definitions—</ins> <ins>In this section:</ins>
    - (A) <ins>The term “covered officials” is comprised of—</ins>
      - (i) <ins>the Secretary of Defense;</ins>
      - (ii) <ins>the Secretary of Labor;</ins>
      - (iii) <ins>the Administrator of the Small Business Administration; and</ins>
      - (iv) <ins>the Secretaries of the military departments.</ins>
    - (B) <ins>The term “military department” has the meaning given that term in section 101 of title 10, United States Code.</ins>
- (b) <ins>Longitudinal study on changes to TAP—</ins> <ins></ins>
  - (1) <ins>Study—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Labor and the Administrator of the Small Business Administration, shall conduct a five-year longitudinal study regarding TAP on three separate cohorts of members of the Armed Forces who have separated from the Armed Forces, including—</ins>
    - (A) <ins>a cohort that has attended TAP counseling as implemented on the date of the enactment of this Act;</ins>
    - (B) <ins>a cohort that attends TAP counseling after the Secretaries of Defense and Labor implement changes recommended in the report under subsection a(2); and</ins>
    - (C) <ins>a cohort that has not attended TAP counseling.</ins>
  - (2) <ins>Progress reports—</ins> <ins>Not later than 90 days after the day that is one year after the date of the initiation of the study under paragraph (1) and annually thereafter for the three subsequent years, the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a progress report of activities under the study during the immediately preceding year.</ins>
  - (3) <ins>Final report—</ins> <ins>Not later than 180 days after the completion of the study under paragraph (1), the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a report of final findings and recommendations based on the study.</ins>
  - (4) <ins>Elements—</ins> <ins>The final report under paragraph (3) shall include information regarding the following:</ins>
    - (A) <ins>The percentage of each cohort that received unemployment benefits during the study.</ins>
    - (B) <ins>The numbers of months members of each cohort were employed during the study.</ins>
    - (C) <ins>Annual starting and ending salaries of members of each cohort who were employed during the study.</ins>
    - (D) <ins>How many members of each cohort enrolled in an institution of higher learning, as that term is defined in section 3452(f) of title 38, United States Code.</ins>
    - (E) <ins>The academic credit hours, degrees, and certificates obtained by members of each cohort during the study.</ins>
    - (F) <ins>The annual income of members of each cohort.</ins>
    - (G) <ins>The total household income of members of each cohort.</ins>
    - (H) <ins>How many members of each cohort own their principal residences.</ins>
    - (I) <ins>How many dependents that members of each cohort have.</ins>
    - (J) <ins>The percentage of each cohort that achieves a successful outcome for TAP, as determined under subsection (1)(G).</ins>
    - (K) <ins>Other criteria the Secretaries and the Administrator of the Small Business Administration determine appropriate.</ins>

## Sec. 570B Information regarding county veterans service officers — added

- (a) <ins>Provision of information—</ins> <ins>The Secretary of Defense shall ensure that a member of the Armed Forces who is separating or retiring from the Armed Forces may elect to have the Department of Defense form DD–214 of the member transmitted to the appropriate county veterans service officer based on the mailing address provided by the member.</ins>
- (b) <ins>Database—</ins> <ins>The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall maintain a database of all county veterans service officers.</ins>
- (c) <ins>County veterans service officer defined—</ins> <ins>In this section, the term “county veterans service officer” means an employee of a county government, local government, or Tribal government who is covered by section 14.629(a)(2) of title 38, Code of Federal Regulations.</ins>

## Sec. 570C Pilot program to improve 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 — added

- (a) <ins>Pilot program described—</ins> <ins></ins>
  - (1) <ins>Purpose—</ins> <ins>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—</ins>
    - (A) <ins>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 (5); and</ins>
    - (B) <ins>provides such persons, within 30 days after the date on which such persons were designated under subparagraph (A), the option to elect to receive such information regarding military service; and</ins>
  - (2) <ins>Types of information—</ins> <ins>The types of information to be disseminated under the pilot program to persons who elect to receive information shall include information regarding—</ins>
    - (A) <ins>aspects of daily life and routine experienced by members of the Armed Forces;</ins>
    - (B) <ins>the challenges and stresses of military service, particularly during and after deployment as part of a contingency operation;</ins>
    - (C) <ins>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;</ins>
    - (D) <ins>benefits administered by the Department of Defense for members of the Armed Forces and the dependents of such members;</ins>
    - (E) <ins>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</ins>
    - (F) <ins>such other information as the Secretary of Defense determines to be appropriate.</ins>
  - (3) <ins>Privacy of information—</ins> <ins>In carrying out the pilot program under paragraph (1), the Secretary of Defense may not disseminate information under paragraph (2) in violation of laws and regulations pertaining to the privacy of members of the Armed Forces, including requirements pursuant to—</ins>
    - (A) <ins>section 552a of title 5, United States Code; and</ins>
    - (B) <ins>the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191).</ins>
  - (4) <ins>Notice and Modifications—</ins> <ins>In carrying out the pilot program under paragraph (1), the Secretary of Defense shall, with respect to a member of the Armed Forces—</ins>
    - (A) <ins>ensure that such member is notified of the ability to modify designations made by the member under paragraph (1)(A); and</ins>
    - (B) <ins>upon the request of a member, authorize the member to modify such designations at any time.</ins>
  - (5) <ins>Contact information—</ins> <ins>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.</ins>
  - (6) <ins>Opt-out of program—</ins> <ins>In carrying out the pilot program under paragraph (1), the Secretary of Defense 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.</ins>
- (b) <ins>Survey and report on pilot program—</ins> <ins></ins>
  - (1) <ins>Survey—</ins> <ins>Not later than two years after the date on which the pilot program commences, the Secretary of Defense, 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.</ins>
  - (2) <ins>Report—</ins> <ins>Not later than three years after the date on which the pilot program commences, the Secretary of Defense shall submit to the congressional defense committees a final report on the pilot program which includes—</ins>
    - (A) <ins>the results of the survey administered under paragraph (1);</ins>
    - (B) <ins>a determination as to whether the pilot program should be made permanent; and</ins>
    - (C) <ins>recommendations as to modifications necessary to improve the program if made permanent.</ins>
  - (3) <ins>Congressional defense committees defined—</ins> <ins>The term congressional defense committees has the meaning given that term in section 101 of title 10, United States Code.</ins>
- (c) <ins>Termination of pilot program—</ins> <ins>The pilot program shall terminate upon submission of the report required by subsection (b)(2).</ins>

## Sec. 570D Report regarding effectiveness of Transition Assistance Program for female members of the Armed Forces — added

- <ins>Section 552(b)(4) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by adding at the end the following:</ins>
- <ins>“(E) The evaluation of the Secretary regarding the effectiveness of the Transition Assistance Program for female members of the Armed Forces.”</ins>

## Sec. 570E Notice to separating servicemembers of rights under the Servicemembers Civil Relief Act — added

- <ins>Section 105 of the Servicemembers Civil Relief Act (50 U.S.C. 3915) is amended—</ins>
- (1) <ins>by inserting “(a) Initial notice.—” before “The Secretary concerned”; and</ins>
- (2) <ins>by adding at the end the following new subsection:</ins>
  - <ins>“(b) Notice after period of military service—The Secretary concerned shall ensure that a notice described in subsection (a) is provided in writing to each person not sooner than 150 days after and not later than 180 days after the date of the termination of a period of military service of that person.”</ins>

## Sec. 570F Pilot program regarding online application for the Transition Assistance Program — added

- (a) <ins>Establishment—</ins> <ins>The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor should 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”).</ins>
- (b) <ins>Data sources—</ins> <ins>The online application shall, in part, aggregate existing data from government resources and private sector under one uniform resource locator for the purpose of assisting members of the Armed Forces and veterans participating in TAP.</ins>
- (c) <ins>Elements for veterans and members of the Armed Forces—</ins> <ins></ins>
  - (1) <ins>The online application shall be available as a mobile online application available on multiple devices (including smartphones and tablets), with responsive design, updated no less than once per year, and downloadable from the two online application stores most commonly used in the United States.</ins>
  - (2) <ins>The version of the online application accessible through a desktop or laptop computer shall be compatible with the most current versions of popular web browsers identified by the Secretaries.</ins>
  - (3) <ins>The online application shall by accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).</ins>
  - (4) <ins>The online application shall generate, for each individual who uses the online application, a personalized transition data dashboard that includes the following information with regards to the location in which the individual resides or intends to reside after separation from the Armed Forces:</ins>
    - (A) <ins>A current list of employment opportunities collected from employers.</ins>
    - (B) <ins>A current list of educational institutions.</ins>
    - (C) <ins>A current list of facilities of the Department of Veterans Affairs.</ins>
    - (D) <ins>A current list of local veterans service organizations.</ins>
  - (5) <ins>The dashboard under paragraph (4) shall include a list of benefits for which an individual as a veteran or separated member of the Armed Forces is eligible under the laws administered by the Secretaries, including educational assistance benefits.</ins>
  - (6) <ins>The dashboard under paragraph (4) shall keep track of the time remaining before the expiration of the following:</ins>
    - (A) <ins>Any civilian career certification waiver based on the military occupational specialty of the individual.</ins>
    - (B) <ins>Any active security clearance of the individual.</ins>
  - (7) <ins>The online application shall, to the extent practicable, match all current military occupational specialties, cross-referenced by grade, to current industries and jobs.</ins>
  - (8) <ins>The online application shall permit an individual to search jobs described in paragraph (4)(A) that match jobs described in paragraph (7).</ins>
  - (9) <ins>The online application shall alert individuals of new job opportunities relevant to the individual, based on military occupational specialty, interest, and search criteria used by the individual under paragraph (8).</ins>
  - (10) <ins>The online application shall permit an individual to maintain a history of job searches and submitted job applications.</ins>
  - (11) <ins>The online application shall include a resume generator that is compliant with industry-standard applicant tracking systems.</ins>
  - (12) <ins>The online application shall provide for career training through the use of learning management software, including training courses with a minimum of 100 soft skills and business courses.</ins>
  - (13) <ins>The online application shall include a career mentorship system, allowing individuals to communicate through text, chat, video calling, and email, with mentors who can use the online application to track the jobs mentees have applied for, the training mentees have undertaken, and any other appropriate mentorship matters.</ins>
- (c) <ins>Elements for employers—</ins> <ins></ins>
  - (1) <ins>The online application shall include a mechanism (to be known as a “military skills translator”) with which employers may identify military occupational specialties that align with jobs offered by the employers.</ins>
  - (2) <ins>The online application shall include a mechanism with which employers may search for individuals seeking employment, based criteria including military occupational specialty, grade, education, civilian career category, and location.</ins>
  - (3) <ins>The online application shall provide online training for employers regarding what military occupational specialties relate to what jobs.</ins>
- (d) <ins>Additional requirements—</ins> <ins></ins>
  - (1) <ins>Cybersecurity—</ins> <ins>To ensure the information of individuals and employers is protected from breaches, the Secretaries shall implement cybersecurity measures for the online application. These measures shall include the following:</ins>
    - (A) <ins>A security certificate produced by the online application that is updated each year of the pilot program.</ins>
    - (B) <ins>The online application shall be hosted by a provider the Secretaries determine to be secure and reputable.</ins>
    - (C) <ins>Ensuring that the online application has a live development team of dedicated engineers to address immediate concerns. No more than half of such team may be based outside the United States.</ins>
    - (D) <ins>Regular scans of the online application, host, and server for vulnerabilities.</ins>
    - (E) <ins>The system must not have had a security breach within the last 3 years.</ins>
  - (2) <ins>System stability—</ins> <ins>To ensure system stability and continuity, all elements of the online application must pass testing no less than 1 year before the online application is made available for use by individuals and employers.</ins>
  - (3) <ins>Prior providers barred—</ins> <ins>No entity that applies to become the provider of the online application may have served as a contractor providing database management for TAP during the 5 years preceding such online application.</ins>
- (e) <ins>Assessments—</ins> <ins></ins>
  - (1) <ins>Interim assessments—</ins> <ins>Not later than the dates that are one and two years after the date of the commencement of the pilot program, the Secretaries shall jointly assess the pilot program.</ins>
  - (2) <ins>Final assessment—</ins> <ins>Not later than the date that is three years after the date of the commencement of the pilot program, the Secretaries shall jointly carry out a final assessment of the pilot program.</ins>
  - (3) <ins>Purpose—</ins> <ins>The general objective of each assessment under this subsection shall be to determine if the online application under the pilot program assists participants in TAP accomplish the goals of TAP, accounting for the individual profiles of participants, including military experience and geographic location.</ins>
  - (4) <ins>Elements—</ins> <ins>Each assessment shall include the following:</ins>
    - (A) <ins>The aggregate number of profiles created on the online application since the commencement of the pilot program.</ins>
    - (B) <ins>Demographic information on individuals who use the online application.</ins>
    - (C) <ins>The average amount time individuals, employers, and community-based services providers, use the online application each month, since the commencement of the pilot program.</ins>
    - (D) <ins>A ranking of most frequently-used features of the online application.</ins>
    - (E) <ins>A satisfaction survey of individuals who use the online application during the periods of 30 days and 180 days after separation from the Armed Forces.</ins>
    - (F) <ins>A report regarding the attendance of members of the Armed Forces at online and in-person TAP classes.</ins>
- (f) <ins>Report—</ins> <ins>Not later than six months after completing the final assessment under subsection (e)(2), the Secretaries shall submit a report to Congress on its findings regarding the pilot program, including recommendations for legislation.</ins>

## Sec. 570G Inclusion of question regarding immigration status on preseparation counseling checklist (DD Form 2648) — added

- <ins>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.</ins>

## Sec. 570H Counseling to members who are not citizens of the United States — added

- (a) <ins>In general—</ins> <ins>The Secretary concerned shall furnish to covered individuals under the jurisdiction of that Secretary counseling regarding how to apply for naturalization.</ins>
- (b) <ins>Covered individual defined—</ins> <ins>In this section, the term “covered individual” means a member of the Armed Forces who is not a citizen of the United States.</ins>

## Sec. 572 Deferred deployment for members who give birth

- Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:
- “(l) A member of the armed forces who gives birth <del>while on active duty </del>may not be deployed during the period of 12 months beginning on the date of such birth except—
- “(1) at the election of such member; and
- “(2) with the approval of a health care provider employed at a military medical treatment facility.”

## Sec. 579 Direct employment pilot program for members of the National Guard and Reserve, veterans, their spouses and dependents, and members of Gold Star Families

- (a) In general— The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to the following:
  - (1) Members of the National Guard and Reserves in reserve active status.
  - (2) Veterans of the Armed Forces.
  - (3) Spouses and other dependents of individuals referred to in paragraphs (1) and (2).
  - (4) Members of Gold Star Families.
  - (5) <ins>Spouses and other dependents of members of the Armed Forces on active duty.</ins>
- (b) Administration— The pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code, or other officials in the States concerned designated by the Secretary for purposes of the pilot program.
- (c) Cost-Sharing requirement— As a condition on the provision of funds under this section to a State to support the operation of the pilot program in the State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 50 percent of the funds provided by the Secretary to the State under this section.
- (d) Direct employment program model— The pilot program should follow a job placement program model that focuses on working one-on-one with individuals specified in subsection (a) to cost-effectively provide job placement services, including services such as identifying unemployed and underemployed individuals, job matching services, resume editing, interview preparation, and post-employment follow up. Development of the pilot program should be informed by existing State direct employment programs for members of the reserve components and veterans.
- (e) Training— The pilot program should draw on the resources provided to transitioning members of the Armed Forces with civilian training opportunities through the SkillBridge trainsition training program administered by the Department of Defense.
- (f) Evaluation— The Secretary shall develop outcome measurements to evaluate the success of the pilot program.
- (g) Reporting requirements—
  - (1) Report required— Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report describing the results of the pilot program. The Secretary shall prepare the report in coordination with the Secretary of Veterans Affairs and the Chief of the National Guard Bureau.
  - (2) Elements of report— A report under paragraph (1) shall include the following:
    - (A) A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components and veterans of the Armed Forces hired and the cost-per-placement of participating members and veterans.
    - (B) An assessment of the impact of the pilot program and increased reserve component employment levels on the readiness of members of the reserve components and on the retention of members of the Armed Forces.
    - (C) A comparison of the pilot program to other programs conducted by the Department of Defense and Department of Veterans Affairs to provide unemployment and underemployment support to members of the reserve components and veterans of the Armed Forces, including the best practices developed through and used in such programs.
    - (D) <ins>An assessment of the pilot program’s minority outreach efforts, participation outcomes, and participation rates for individuals specified under subsection (a).</ins>
    - (E) [was (8)(3)(6)] Any other matters considered appropriate by the Secretary of Defense.
- (h) Duration of authority— The authority to carry out the pilot program expires on September 30, 2023, except that the Secretary may, at the Secretary's discretion, extend the pilot program for not more than two additional fiscal years.

## Sec. 580A Pilot program to fund non-profit organizations that support military families — added

- (a) <ins>Establishment—</ins> <ins>The Secretary of Defense shall establish a two-year pilot program to provide grants to eligible nonprofit organizations.</ins>
- (b) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operations and Maintenance, Defense Wide, as specified in the corresponding funding table in section 4301, line 460 for the Office of the Secretary of Defense is hereby increased by $1,000,000.</ins>
- (c) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Procurement of Wheeled and Tracked Combat Vehicles, Army, as specified in the corresponding funding table in section 4101, for Bradley Program (Mod) is hereby reduced by $1,000,000.</ins>
- (d) <ins>Distribution of funds—</ins> <ins>The Secretary may operate the pilot program under this section on not more than eight covered military installations in a fiscal year, expending not more than $125,000 per such covered military installation.</ins>
- (e) <ins>Report—</ins> <ins>Not later than 180 days after the Secretary disburses the last of the funds appropriated for the pilot program, the Secretary shall submit to Congress a report regarding—</ins>
  - (1) <ins>the efficacy of the pilot program; and</ins>
  - (2) <ins>any recommendation of the Secretary to expand, extend, or make permanent the pilot program.</ins>
- (f) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “eligible organization” means an organization that—</ins>
    - (A) <ins>is a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986;</ins>
    - (B) <ins>on the date of the enactment of this Act, is providing food, clothing, or other assistance to families on a covered military installation; and</ins>
    - (C) <ins>proves, to the satisfaction of the Secretary, that the organization has received funding commitments that match each dollar requested from the Secretary by the organization under the pilot program under this section.</ins>
  - (2) <ins>The term “covered military installation” means a military installation—</ins>
    - (A) <ins>on which not more than 5,000 members of the Armed Forces serve on active duty; and</ins>
    - (B) <ins>located in a county for which the Secretary determines the cost of living exceeds the national average.</ins>

## Sec. 580B Expansion of the My Career Advancement Account program for military spouses to nonportable career fields and occupations — added

- <ins>The Secretary of Defense shall modify the My Career Advancement Account program of the Department of Defense to ensure that military spouses participating in the program may receive financial assistance for the pursuit of a license, certification, or Associate’s degree in any career field or occupation, including both portable and nonportable career fields and occupations.</ins>

## Sec. 580C Expansion of the My Career Advancement Account program for military spouses — added

- (a) <ins>Coast Guard—</ins> <ins>The spouse of a member of the Coast Guard may participate in the My Career Advancement Account program of the Department of Defense.</ins>
- (b) <ins>All enlisted grades—</ins> <ins>The spouse of an enlisted member of the Armed Forces may participate in the My Career Advancement Account program of the Department of Defense.</ins>

## Sec. 580D Report on training and support available to military spouses — added

- (a) <ins>Report required—</ins> <ins>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 congressional defense committees a report that includes a description of the following:</ins>
  - (1) <ins>Financial literacy programs currently designed specifically for military spouses.</ins>
  - (2) <ins>Programs designed to educate spouses and service members about the risks of multi-level marketing.</ins>
  - (3) <ins>Efforts to evaluate the effectiveness of financial literacy programs.</ins>
  - (4) <ins>The number of counseling sessions requested by military spouses at Family Support Centers in the previous 5 years.</ins>
- (b) <ins>Public availability—</ins> <ins>The report submitted under subsection (a) shall be made available on a publicly accessible website of the Department of Defense.</ins>

## Sec. 580E Full Military Honors ceremony for certain veterans — added

- <ins>Section 1491(b) of title 10, United States Code, is amended by adding at the end the following:</ins>
- <ins>“(3) The Secretary concerned shall provide full military honors (as determined by the Secretary concerned) for the funeral of a veteran who—</ins>
- <ins>“(A) is first interred or first inurned in Arlington National Cemetery on or after the date of the enactment of this paragraph;</ins>
- <ins>“(B) was awarded the medal of honor or the prisoner-of-war medal; and</ins>
- <ins>“(C) is not entitled to full military honors by the grade of that veteran.”</ins>

## Sec. 580F Increase in assistance to certain local educational agencies — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-Wide, as specified in the corresponding funding table in section 4301, for Department of Defense Education Activity, line 410 is hereby increased by $10,000,000 (with the amount of such increase to be made available for support to local educational agencies that serve military communities and families).</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for shipbuilding and conversion, Navy, ship to shore connector, line 024 is hereby reduced by $10,000,000.</ins>

## Sec. 580G Assistance for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program — added

- <ins>Section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note) is amended—</ins>
- (1) <ins>by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and</ins>
- (2) <ins>by inserting after subsection (j) the following new subsection (k):</ins>
  - <ins>“(k) Support beyond Program—The Secretary of Defense shall provide funds to States, Territories, and government entities to carry out programs, and other activities as the Secretary considers appropriate, that provide deployment cycle information, services, and referrals to members of the armed forces, and their families, throughout the deployment cycle. Such programs may include the provision of access to outreach services, including the following:</ins>
  - <ins>“(1) Employment counseling.</ins>
  - <ins>“(2) Behavioral health counseling.</ins>
  - <ins>“(3) Suicide prevention.</ins>
  - <ins>“(4) Housing advocacy.</ins>
  - <ins>“(5) Financial counseling.</ins>
  - <ins>“(6) Referrals for the receipt of other related services.”</ins>

## Sec. 584 Authorization for award of the Medal of Honor to Alwyn Cashe for acts of valor during Operation Iraqi Freedom — added

- (a) <ins>Waiver of time limitations—</ins> <ins>Notwithstanding the time limitations specified in section 7271 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Alwyn C. Cashe for the acts of valor during Operation Iraqi Freedom described in subsection (b).</ins>
- (b) <ins>Acts of valor described—</ins> <ins>The acts of valor referred to in subsection (a) are the actions of Alwyn Cashe on October 17, 2005, in Samarra, Iraq, during Operation Iraqi Freedom, when, as a Sergeant First Class in Company A, 1st Battalion, 15th Infantry Regiment, 3rd Infantry Division, with no regard to his own safety or wellbeing, he repeatedly entered a burning Bradley Fighting Vehicle after it struck an improvised explosive device. While receiving small arms fire, he made his first evacuation of his Soldiers. On his second evacuation of Soldiers, his own fuel-soaked uniform caught on fire, yet he returned to the burning Bradley Fighting Vehicle for a third evacuation. Cashe, injured the worst of all involved, with second- and third- degree burns over 72 percent of his body, still led recovery efforts and refused medical evacuation until his men were evacuated to safety and treatment. Cashe’s actions saved the lives of six of his Soldiers. Sergeant First Class Alwyn Cashe succumbed from his wounds on November 8, 2005 at Brooks Army Medical Center, Fort Sam Houston, San Antonio, Texas. He was posthumously awarded the Silver Star for his heroism.</ins>

## Sec. 585 Eligibility of veterans of Operation End Sweep for Vietnam Service Medal — added

- <ins>The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.</ins>

## Sec. 594 Questions in workplace surveys regarding supremacist, extremist, and racist activity

- The Secretary of Defense shall include, in the workplace and equal opportunity, command climate, and workplace and gender relations surveys administered by the Office of People Analytics of the Department of Defense, questions regarding whether respondents have ever—
- (1) experienced or witnessed in the workplace—
  - (A) supremacist activity;
  - (B) extremist <del>activity; or</del><ins>activity;</ins>
  - (C) racism; <del>and</del><ins>or</ins>
  - (D) <ins>anti-Semitism; and</ins>
- (2) reported activity described in paragraph (1).

## Sec. 597 Report on certain waivers received by transgender individuals — added

- (a) <ins>In general—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, and annually thereafter during the two subsequent calendar years, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report identifying the number of individuals (disaggregated by the status of the individuals as exempt individuals or nonexempt individuals) to whom the following applied during the reporting period for such report:</ins>
  - (1) <ins>Diagnosed with a covered medical condition—</ins>
    - (A) <ins>prior to accession into the Armed Forces; or</ins>
    - (B) <ins>as a member of the Armed Forces.</ins>
  - (2) <ins>Presumptively denied accession into the Armed Forces as a result of a covered medical condition.</ins>
  - (3) <ins>Applied for a service waiver as a result of a covered medical condition.</ins>
  - (4) <ins>Received a service waiver for a covered medical condition.</ins>
  - (5) <ins>Denied a service waiver for a covered medical condition.</ins>
  - (6) <ins>Separated from the Armed Forces as a result of a covered medical condition.</ins>
- (b) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Exempt and nonexempt individuals—</ins> <ins>The terms “exempt individuals” and “nonexempt individuals” have the meanings given those terms in attachment 3 of the memorandum—</ins>
    - (A) <ins>issued by the Office of the Deputy Secretary of Defense;</ins>
    - (B) <ins>dated March 12, 2019; and</ins>
    - (C) <ins>with the subject heading “Directive-type Memorandum (DTM)–19–004–Military Service by Transgender Persons and Persons with Gender Dysphoria”.</ins>
  - (2) <ins>Covered medical condition—</ins> <ins>The term “covered medical condition” means—</ins>
    - (A) <ins>gender dysphoria;</ins>
    - (B) <ins>gender transition treatment; or</ins>
    - (C) <ins>any other condition related to gender dysphoria or gender transition treatment.</ins>
  - (3) <ins>Reporting period—</ins> <ins>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.</ins>
  - (4) <ins>Service waiver—</ins> <ins>The term “service waiver” includes a waiver—</ins>
    - (A) <ins>for accession into the Armed Forces;</ins>
    - (B) <ins>to continue service in the Armed Forces; or</ins>
    - (C) <ins>to otherwise permit service in the Armed Forces.</ins>

## Sec. 598 Study on best practices for providing financial literacy education for veterans — added

- (a) <ins>Study required—</ins> <ins>The Secretary of Defense and the Secretary of Veterans Affairs, and with respect to members of the Coast Guard, in coordination with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall conduct a study on the best practices to provide financial literacy education for separating members of the Armed Forces and veterans.</ins>
- (b) <ins>Elements—</ins> <ins>The study required by subsection (a) shall include—</ins>
  - (1) <ins>an examination, recommendations, and reporting on best practices for providing financial literacy education to veterans and separating members of the Armed Forces;</ins>
  - (2) <ins>detailed current financial literacy programs for separating members of the Armed Forces, and an examination of linkages between these programs and those for veterans provided by the Department of Veterans Affairs; and</ins>
  - (3) <ins>steps to improve coordination between the Department of Defense and Department of Veterans Affairs for the provision of these services.</ins>
- (c) <ins>Consultation—</ins> <ins>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.</ins>
- (d) <ins>Report—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the study under subsection (a).</ins>
- (e) <ins>Definition—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “financial literacy” means education of personal finance including the insurance, credit, loan, banking, career training and education benefits available to veterans.</ins>
  - (2) <ins>The term “appropriate congressional committees” means the Committees on Armed Services of the Senate and House of Representatives, and the Committees on Veterans’ Affairs of the Senate and House of Representatives.</ins>

## Sec. 599 Honorary promotion of Colonel Charles E. McGee to Brigadier General in the Air Force — added

- <ins>The President is authorized to issue an honorary commission promoting, to brigadier general in the Air Force, Colonel Charles E. McGee, United States Air Force (retired), a distinguished Tuskegee Airman whose honorary promotion has the recommendation of the Secretary of the Air Force under section 1563 of title 10, United States Code.</ins>

## Sec. 599A Recommending that the President grant Lieutenant Colonel Richard Cole, United States Air Force (ret.), an honorary and posthumous promotion to the grade of colonel — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>Richard E. Cole (in this section referred to as “Cole”) graduated from Steele High School in Dayton, Ohio, and completed two years at Ohio University before enlisting in the Army Air Corps in November, 1940.</ins>
  - (2) <ins>Cole completed pilot training and was commissioned as a Second Lieutenant in July, 1941.</ins>
  - (3) <ins>On April 18, 1942, the United States conducted air raids on Tokyo led by Lieutenant Colonel James “Jimmy” Doolittle, which later became known as “the Doolittle Raid”.</ins>
  - (4) <ins>Cole flew in the Doolittle Raid as Lieutenant Colonel Doolittle’s co-pilot in aircraft number 1.</ins>
  - (5) <ins>For their outstanding heroism, valor, skill, and service to the United States, the Doolittle Raiders, including Cole, were awarded the Congressional Gold Medal in 2014.</ins>
- (b) <ins>Recommendation of honorary promotion for Richard E. Cole—</ins> <ins>Pursuant to section 1563 of title 10, United States Code, Congress recommends that the President grant Lieutenant Colonel Richard E. Cole, United States Air Force (retired), an honorary and posthumous promotion to the grade of colonel.</ins>
- (c) <ins>Additional benefits not to accrue—</ins> <ins>The advancement of Richard E. Cole on the retired list of the Air Force under subsection (b) 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 may become entitled based on such military service.</ins>

## Sec. 599B Inclusion of certain veterans on temporary disability or permanent disabled retirement lists in military adaptive sports programs — added

- (a) <ins>Inclusion of certain veterans—</ins> <ins>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—</ins>
  - <ins>“(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</ins>
  - <ins>“(B) any veteran (as defined in section 101 of title 38), during the one-year period following the veteran’s date of separation, who—</ins>
  - <ins>“(i) is on the Temporary Disability Retirement List or Permanently Disabled Retirement List;</ins>
  - <ins>“(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</ins>
  - <ins>“(iii) was enrolled in the program authorized under this section prior to the veteran’s date of separation.”</ins>
- (b) <ins>Conforming amendment—</ins> <ins>Subsection (b) of such section is amended by inserting “and veterans” after “members”.</ins>
- (c) <ins>Clerical amendments—</ins> <ins></ins>
  - (1) <ins>Heading amendment—</ins> <ins>The heading of such section is amended to read as follows:</ins>
    - <ins>“2564a. Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans”</ins>
  - (2) <ins>Table of sections—</ins> <ins>The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2564a and inserting the following new item:</ins>

## Sec. 599C Sense of Congress regarding the High-Altitude Army National Guard Aviation Training Site — added

- (a) <ins>Finding—</ins> <ins>Congress finds that the High-Altitude Army National Guard Aviation Training Site is the lone school of the Department of Defense where rotary-wing aviators in the Armed Forces and the militaries of foreign allies learn how to safely fly rotary-wing aircraft in mountainous, high-altitude environments.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that military aviation training in Colorado, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces.</ins>

## Sec. 606 Increase in basic pay — added

- <ins>Effective on January 1, 2020, the rates of monthly basic pay for members of the uniformed services are increased by 3.1 percent.</ins>

## Sec. 607 Annual adjustment of basic pay — added

- <ins>The adjustment in the rates of monthly basic pay required by subsection (a) of section 1009 of title 37, United States Code, to be made on January 1, 2020, shall take effect, notwithstanding any determination made by the President under subsection (e) of such section with respect to an alternative pay adjustment to be made on such date.</ins>

## Sec. 608 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 — added

- (a) <ins>Study—</ins> <ins>The Secretaries of Defense and Veterans Affairs shall conduct a joint study to determine, with regards to members of the Armed Forces and veterans whose separation pay, special separation benefits, and voluntary separation incentive payments either Secretary recoups because such members and veterans subsequently receive disability compensation under laws administered by the Secretary of Veterans Affairs—</ins>
  - (1) <ins>how many such members and veterans are affected by such recoupment; and</ins>
  - (2) <ins>the aggregated amount of additional money such members and veterans would receive but for such recoupment.</ins>
- (b) <ins>Report required—</ins> <ins>Not later than September 30, 2020, the Secretaries shall submit to the Committees on Armed Services and Veterans’ Affairs of the Senate and House of Representatives a report regarding the results of the study under subsection (a).</ins>

## Sec. 609 Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for emoluments clause purposes — added

- (a) <ins>Annual reports—</ins> <ins>Section 908 of title 37, United States Code is amended—</ins>
  - (1) <ins>by redesignating subsection (c) as subsection (d); and</ins>
  - (2) <ins>by inserting after subsection (b) the following new subsection (c):</ins>
    - <ins>“(c) Annual reports on approvals for retired general and flag officers</ins>
    - <ins>“(1) Not later than January 31each year, the Secretaries of the military departments shall jointly submit to the appropriate committees and Members of Congress 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. The report shall be posted on a publicly available Internet website of the Department of Defense no later than 30 days after it has been submitted to Congress.</ins>
    - <ins>“(2) In this subsection, the appropriate committees and Members of Congress are—</ins>
    - <ins>“(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate;</ins>
    - <ins>“(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the House of Representatives;</ins>
    - <ins>“(C) the Majority Leader and the Minority Leader of the Senate; and</ins>
    - <ins>“(D) the Speaker of the House of Representatives and the Minority Leader of the House of Representatives.”</ins>
- (b) <ins>Scope of first report—</ins> <ins>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.</ins>

## Sec. 610 Continued entitlements while a member of the Armed Forces participates in a career intermission program — added

- <ins>Section 710(h) of title 10, United States Code, is amended—</ins>
- (1) <ins>in paragraph (1), by striking “; and” and inserting a semicolon;</ins>
- (2) <ins>in paragraph (2), by striking the period and inserting a semicolon; and</ins>
- (3) <ins>by adding at the end the following new paragraphs:</ins>
  - <ins>“(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;</ins>
  - <ins>“(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</ins>
  - <ins>“(5) the eligibility of the member for general benefits as provided in part II of title 38.”</ins>

## Sec. 610A Report regarding transition from overseas housing allowance to basic allowance for housing for servicemembers in the territories — added

- <ins>Not later than February 1, 2020, the Secretary of Defense shall submit a report to the congressional defense committees regarding the recommendation of the Secretary whether members of the uniformed services located in the territories of the United States and who receive the overseas housing allowance should instead receive the basic allowance for housing to ensure the most appropriate housing compensation for such members and their families.</ins>

## Sec. 610B Exemption from repayment of voluntary separation pay — added

- <ins>Section 1175a(j) of title 10, United States Code, is amended—</ins>
- (1) <ins>in paragraph (1), by striking “paragraphs (2) and (3)” and inserting “paragraphs (2), (3), and (4)”;</ins>
- (2) <ins>by redesignating paragraph (4) as paragraph (5); and</ins>
- (3) <ins>by inserting after paragraph (3) the following new paragraph:</ins>
  - <ins>“(4) This subsection shall not apply to a member who—</ins>
  - <ins>“(A) is involuntarily recalled to active duty or full-time National Guard duty; and</ins>
  - <ins>“(B) in the course of such duty, incurs a service-connected disability rated as total under section 1155 of title 38.”</ins>

## Sec. 630A Repeal of requirement of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation — added

- (a) <ins>Repeal—</ins> <ins></ins>
  - (1) <ins>Repeal—</ins> <ins>Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:</ins>
    - (A) <ins>In section 1450, by striking subsection (c).</ins>
    - (B) <ins>In section 1451(c)—</ins>
      - (i) <ins>by striking paragraph (2); and</ins>
      - (ii) <ins>by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.</ins>
  - (2) <ins>Conforming amendments—</ins> <ins>Such subchapter is further amended as follows:</ins>
    - (A) <ins>In section 1450—</ins>
      - (i) <ins>by striking subsection (e); and</ins>
      - (ii) <ins>by striking subsection (k).</ins>
    - (B) <ins>In section 1451(g)(1), by striking subparagraph (C).</ins>
    - (C) <ins>In section 1452—</ins>
      - (i) <ins>in subsection (f)(2), by striking “does not apply—” and all that follows and inserting “does not apply in the case of a deduction made through administrative error.”; and</ins>
      - (ii) <ins>by striking subsection (g).</ins>
    - (D) <ins>In section 1455(c), by striking “, 1450(k)(2),”.</ins>
- (b) <ins>Prohibition on retroactive benefits—</ins> <ins>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).</ins>
- (c) <ins>Prohibition on recoupment of certain amounts previously refunded to SBP recipients—</ins> <ins>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.</ins>
- (d) <ins>Repeal of authority for optional annuity for dependent children—</ins> <ins>Section 1448(d)(2) of such title is amended—</ins>
  - (1) <ins>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</ins>
  - (2) <ins>by striking subparagraph (B).</ins>
- (e) <ins>Restoration of eligibility for previously eligible spouses—</ins> <ins>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.</ins>
- (f) <ins>Effective date—</ins> <ins>This section and the amendments made by this section shall take effect on the later of—</ins>
  - (1) <ins>October 1, 2019; and</ins>
  - (2) <ins>the first day of the first month that begins after the date of the enactment of this Act.</ins>

## Sec. 632 Report regarding management of military commissaries and exchanges — added

- (a) <ins>Report required—</ins> <ins>Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding management practices of military commissaries and exchanges.</ins>
- (b) <ins>Elements—</ins> <ins>The report required under this section shall include a cost-benefit analysis with the goals of—</ins>
  - (1) <ins>reducing the costs of operating military commissaries and exchanges by $2,000,000,000 during fiscal years 2020 through 2024; and</ins>
  - (2) <ins>not raising costs for patrons of military commissaries and exchanges.</ins>

## Sec. 633 Reductions on account of earnings from work performed while entitled to an annuity supplement — added

- <ins>Section 8421a of title 5, United States Code, is amended in subsection (c)—</ins>
- (1) <ins>by striking “full-time as an air traffic control instructor” and inserting “as an air traffic control instructor, or supervisor thereof,”; and</ins>
- (2) <ins>by inserting “or supervisor” after “an instructor”.</ins>

## Sec. 634 Extension of certain morale, welfare, and recreation privileges to Foreign Service officers on mandatory home leave — added

- (a) <ins>In general—</ins> <ins>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—</ins>
  - (1) <ins>in the heading, by striking “veterans and caregivers for veterans” and inserting “veterans, caregivers for veterans, and Foreign Service officers”;</ins>
  - (2) <ins>by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;</ins>
  - (3) <ins>by inserting after subsection (e) the following new subsection (f):</ins>
    - <ins>“(f) Eligibility of Foreign Service officers on mandatory home leave—A Foreign Service officer on mandatory home leave may be permitted to use military lodging referred to in subsection (h).”</ins>
  - (4) <ins>in subsection (h), as redesignated by paragraph (2), by adding at the end the following new paragraphs:</ins>
    - <ins>“(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).</ins>
    - <ins>“(6) The term “mandatory home leave” means leave under section 903 of the Foreign Service Act of 1980 (22 U.S.C. 4083).”</ins>
- (b) <ins>Effective date—</ins> <ins>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.</ins>

## Sec. 701 Contraception coverage parity under the TRICARE program

- (a) In general— Section 1074d of title 10, United States Code, is amended—
  - (1) in subsection (a), by inserting “for members and former members” after “Services available”;
  - (2) by redesignating subsection (b) as subsection (d); and
  - (3) by inserting after subsection (a) the following new subsections:
    - “(b) Care related to prevention of pregnancy—Female covered beneficiaries shall be entitled to care related to the prevention of pregnancy described by subsection (d)(3).
    - “(c) Prohibition on cost sharing for certain services—Notwithstanding section 1074g(a)(6), section 1075, or section 1075a of this title, or any other provision of law, cost sharing may not be imposed or collected for care related to the prevention of pregnancy provided pursuant to subsection (a) or (b), including for any method of contraception provided, whether provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program.”
- (b) Conforming amendment— Section 1077(a)(13) of such title is amended by striking “section 1074d(b)” and inserting “section 1074d(d)”.
- (c) <ins>Care related to prevention of pregnancy—</ins> <ins>Subsection (d)(3) of such section 1074d, as redesignated by subsection (a)(2) of this section, is further amended by inserting before the period at the end the following: “(including all methods of contraception approved by the Food and Drug Administration, contraceptive care (including with respect to insertion, removal, and follow up), sterilization procedures, and patient education and counseling in connection therewith)”.</ins>

## Sec. 707 Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation

- (a) Required assessments— Section 1074m(a)(1) of title 10, United States Code, is amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs:
  - “(C) Subject to paragraph (3) and subsection (d), once during the period beginning on the date of redeployment from the contingency operation and ending 14 days after such redeployment date.
  - “(D) Subject to subsection (d), not less than once annually—
  - “(i) beginning 14 days after the date of redeployment from the contingency operation; or
  - “(ii) if the assessment required by subparagraph (C) is performed during the period specified in paragraph (3), beginning 180 days after the date of redeployment from the contingency operation.”
- (b) Exceptions— Section 1074m(a) of such title, as amended by subsection (a), is further amended by striking paragraph (2) and inserting the following new paragraphs:
  - “(2) A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) (including an assessment performed pursuant to paragraph (3)) if the Secretary determines that providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk.
  - “(3) A mental health assessment required under subparagraph (C) of paragraph (1) may be provided during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date if the Secretary determines that—
  - “(A) an insufficient number of personnel are available to perform the assessment during the time period under such subparagraph; or
  - “(B) an administrative processing issue exists upon the return of the member to the home unit or duty station that would <del>prevent </del><ins>prohibit </ins>the effective performance of the assessment during such time period.”
- (c) <del>Effective date—</del><ins>Elimination of sunset for assessments during deployment—</ins> <del>The amendments made by this section shall apply with respect to a date </del><ins>Section 1074m(a)(1)(B) </ins>of <del>redeployment that </del><ins>such title </ins>is <del>on or after </del><ins>amended by striking “Until </ins>January 1, <del>2020.</del><ins>2019, once” and inserting “Once”.</ins>
- (d) <ins>Effective date—</ins> <ins>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.</ins>

## Sec. 709 Inclusion of infertility treatments for members of the uniformed services — added

- (a) <ins>Inclusion—</ins> <ins>The Secretary of Defense may provide to members of uniformed services under section 1074(a) of title 10, United States Code, and spouses of such members, treatment for infertility, including nonexperimental assisted reproductive services, including, at a minimum, the following:</ins>
  - (1) <ins>Services, medications, and supplies for non-coital reproductive technologies.</ins>
  - (2) <ins>Counseling on such services.</ins>
  - (3) <ins>Reversal of tubal ligation or vasectomy in conjunction with services furnished under this section.</ins>
  - (4) <ins>Cryopreservation, including associated services, supplies, and storage.</ins>
- (b) <ins>Prohibition on cost sharing—</ins> <ins>The Secretary may not require any fees or other cost-sharing requirements under subsection (a).</ins>
- (c) <ins>Infertility defined—</ins> <ins>In this section, the term “infertility” means a disease, characterized by the failure to establish a clinical pregnancy—</ins>
  - (1) <ins>after 12 months of regular, unprotected sexual intercourse; or</ins>
  - (2) <ins>due to a person’s incapacity for reproduction either as an individual or with his or her partner, which may be determined after a period of less than 12 months of regular, unprotected sexual intercourse, or based on medical, sexual and reproductive history, age, physical findings, or diagnostic testing.</ins>

## Sec. 710 Authorization of appropriations for TRICARE lead screening and testing for children — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Undistributed, TRICARE lead level screening and testing for children, is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Procurement of Wheeled and Tracked Combat Vehicles, Army, as specified in the corresponding funding table in section 4101, for Bradley Program (Mod) is hereby reduced by $5,000,000.</ins>

## Sec. 713 Improvements to interagency program office of the Department of Defense and the Department of Veterans Affairs

- <del>Subsection </del><ins>(a) Leadership.—Subsection </ins>(c) of section 1635 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended to read as follows:
- “(c) Leadership
- “(1) Director—The Director of the Office shall be the head of the Office.
- “(2) Deputy director—The Deputy Director of the Office shall be the deputy head of the Office and shall assist the Director in carrying out the duties of the Director.
- “(3) Reporting—The Director shall report to the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320 of title 38, United States Code.
- “(4) Appointments
- “(A) Director—The Director shall be jointly appointed by the Secretary of Veterans Affairs and the Secretary of Defense for a five-year term. The Director may be reappointed for one or more additional terms.
- “(B) Deputy director—The Deputy Director shall be jointly appointed by the Secretary of Veterans Affairs and the Secretary of Defense for a five-year term. The Deputy Director may be reappointed for one or more additional terms.
- “(C) Advice—The Department of Veterans Affairs-Department of Defense Joint Executive Committee shall provide the Secretary of Veterans Affairs and the Secretary of Defense with advice regarding potential individuals to be appointed Director and Deputy Director under subparagraphs (A) and (B), respectively.
- “(D) Minimum Qualifications—The Department of Veterans Affairs-Department of Defense Joint Executive Committee shall develop qualification requirements for the office of the Director and the Deputy Director. Such requirements shall ensure that, at a minimum, the Director and Deputy Director, individually or together, meet the following qualifications:
- “(i) Significant experience as a clinician, at the level of chief medical officer or equivalent.
- “(ii) Significant experience in health informatics, at the level of chief health informatics officer or equivalent.
- “(iii) Significant experience leading implementation of enterprise-wide technology in a health care setting in the public or private sector.
- “(5) Additional guidance—In addition to providing direction, supervision, and control of the Office pursuant to paragraph (3), the Department of Veterans Affairs-Department of Defense Joint Executive Committee shall—
- “(A) provide guidance in the discharge of the functions of the Office under this section; and
- “(B) facilitate the establishment of a charter and mission statement for the Office.
- “(6) Information to Congress—Upon request by any of the appropriate committees of Congress, the Director and the Deputy Director shall testify before such committee, or provide a briefing or otherwise provide requested information to such committee, regarding the discharge of the functions of the Office under this section.”
- (b) <ins>Authority—</ins> <ins>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.”.</ins>
- (c) <ins>Purposes—</ins> <ins>Paragraph (2) of subsection (b) of such section is by adding at the end the following new subparagraphs:</ins>
  - <ins>“(C) To develop and implement a comprehensive interoperability strategy, including pursuant to the National Defense Authorization Act for Fiscal Year 2020 or other provision of law requiring such strategy.</ins>
  - <ins>“(D) To pursue the highest level of interoperability (as defined in section 713 of the National Defense Authorization Act for Fiscal Year 2020) for the delivery of health care by the Department of Defense and the Department of Veterans Affairs.</ins>
  - <ins>“(E) To accelerate the exchange of health care information between the Departments in order to support the delivery of health care by both Departments.</ins>
  - <ins>“(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.</ins>
  - <ins>“(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.</ins>
  - <ins>“(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 Department of Defense and the Department of Veterans Affairs pursuant to the strategy under subsection (a), and oversee and approve adoption of and mapping to such standards by the Departments.</ins>
  - <ins>“(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 both Departments have access to integrated, computable, comprehensive health records of patients.</ins>
  - <ins>“(J) To inform each 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.”</ins>
- (d) <ins>Resources and staffing—</ins> <ins>Subsection (g) of such section is amended—</ins>
  - (1) <ins>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</ins>
  - (2) <ins>by adding at the end the following new paragraphs:</ins>
    - <ins>“(3) Cost sharing—The Secretary of Defense and the Secretary of Veterans Affairs, acting through the Department of Veterans Affairs-Department of Defense Joint Executive Committee, shall enter into an agreement on cost sharing and providing resources for the operations and staffing of the Office.</ins>
    - <ins>“(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.”</ins>
- (e) <ins>Budget matters—</ins> <ins>Such section is amended by adding at the end the following new subsection:</ins>
  - <ins>“(k) Budget and contracting matters</ins>
  - <ins>“(1) Budget—The Director may obligate and expend funds allocated to the operations of the Office.</ins>
  - <ins>“(2) Contract authority—The Director may enter into contracts to carry out this section.”</ins>
- (f) <ins>Reports—</ins> <ins>Subsection (h) of such section is amended to read as follows:</ins>
  - <ins>“(h) Reports</ins>
  - <ins>“(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:</ins>
  - <ins>“(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.</ins>
  - <ins>“(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—</ins>
  - <ins>“(i) a discussion, description, and assessment of the progress made by the Department of Defense and the Department of Veterans Affairs during the preceding calendar year; and</ins>
  - <ins>“(ii) a discussion and description of the goals of the Department of Defense and the Department of Veterans Affairs for the following calendar year.</ins>
  - <ins>“(2) Quarterly reports—On a quarterly basis, the Director shall submit to the appropriate committees of Congress 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.</ins>
  - <ins>“(3) Availability—Each report under this subsection shall be made publicly available.”</ins>
- (g) <ins>Conforming repeal—</ins> <ins>Section 713 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1071 note) is repealed.</ins>

## Sec. 714 Comprehensive enterprise interoperability strategy for the Armed Forces and the Department of Veterans Affairs

- (a) <del>Requirement—</del><ins>In general—</ins> The Secretary of <del>Defense, in coordination with </del><ins>Defense and </ins>the <del>Secretaries </del><ins>Secretary </ins>of <ins>Veterans Affairs, acting through </ins>the <del>military departments, shall document blast exposure history in </del><ins>office established by section 1635(b) of </ins>the <del>medical record </del><ins>Wounded Warrior Act (title XVI </ins>of <ins>Public Law 110–181; 10 U.S.C. 1071 note), shall jointly develop and implement </ins>a <del>member of the Armed Forces </del><ins>comprehensive interoperability strategy </ins>to—
  - (1) <del>assist in determining whether a future illness or injury </del><ins>improve the delivery </ins>of <ins>health care by </ins>the <del>member is service-connected; and</del><ins>Armed Forces and the Department of Veterans Affairs by taking advantage of advances in the health information technology marketplace;</ins>
  - (2) <del>inform future blast exposure risk mitigation efforts of </del><ins>achieve interoperability capabilities that are more adaptable and farther reaching than those achievable through bidirectional information exchange between electronic health records or </ins>the <del>Department </del><ins>exchange </ins>of <del>Defense.</del><ins>read-only data alone;</ins>
  - (3) <ins>establish an environment that will enable and encourage the adoption of innovative technologies for health care delivery;</ins>
  - (4) <ins>leverage data integration to advance health research and develop an evidence base for the health care programs of both Departments;</ins>
  - (5) <ins>prioritize open systems architecture;</ins>
  - (6) <ins>ensure ownership and control by patients of their health data;</ins>
  - (7) <ins>protect patient privacy and enhance opportunities for innovation by preventing contractors of the Departments or other non-Department entities from owning or exclusively controlling patient health data;</ins>
  - (8) <ins>make maximum use of open-application program interfaces and the Fast Healthcare Interoperability Resources standard, or successor standard; and</ins>
  - (9) <ins>achieve—</ins>
    - (A) <ins>a single lifetime longitudinal personal health record between the Armed Forces and the Department of Veterans Affairs; and</ins>
    - (B) <ins>interoperability capabilities sufficient to enable the provision of seamless health care relating to—</ins>
      - (i) <ins>the Armed Forces and private-sector health care providers under the TRICARE program; and</ins>
      - (ii) <ins>the Department of Veterans Affairs and community health care providers pursuant to sections 1703 and 1703A of title 38, United States Code, and other provisions of law administered by the Secretary of Veterans Affairs.</ins>
- (b) <del>Elements—</del><ins>Content—</ins> <del>A blast exposure history </del><ins>The strategy </ins>under subsection (a) <del>shall include, at a minimum, the following:</del><ins>shall—</ins>
  - (1) <del>The date </del><ins>include, but shall not be limited to, the Electronic Health Record Modernization Program and the Healthcare Management System Modernization Program </ins>of the <del>exposure.</del><ins>Armed Forces; and</ins>
  - (2) <del>The duration of the exposure, and, if known, the measured blast pressure experienced by the individual during such exposure.</del><ins>consist of—</ins>
    - (A) <ins>elements formulated and implemented jointly by the Secretary of Defense and the Secretary of Veterans Affairs; and</ins>
    - (B) <ins>elements that are unique to either Department and are formulated and implemented separately by either Secretary.</ins>
- (c) <ins>Submission of strategy—</ins> <ins></ins>
  - (1) <ins>Strategy—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Director shall submit to each Secretary concerned, and to the appropriate congressional committees, the strategy under subsection (a), including any accompanying or associated implementation plans and supporting information.</ins>
  - (3) <del>Whether the exposure occurred during combat or training.</del>
  - (4) <del>Such other information relating to the exposure as the Secretary of Defense may specify pursuant to the guidance described in subsection (c)(1).</del>
- (c) <del>Collection of exposure information—</del> <del>The Secretary of Defense shall collect blast exposure information with respect to a member of the Armed Forces in a manner—</del>
  - (2) <ins>Updated strategy—</ins> <del>consistent with blast exposure measurement training guidance of </del><ins>Not later than December 31, 2024, </ins>the <del>Department, </del><ins>Director shall submit to each Secretary concerned, and to the appropriate congressional committees, an update to the strategy under subsection (a), </ins>including any <del>new guidance developed pursuant to—</del><ins>accompanying or associated implementation plans and supporting information.</ins>
    - (A) <del>the study on blast pressure exposure required by section 734 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1444); and</del>
    - (B) <del>the review of guidance on blast exposure during training required by section 253 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1704, 10 U.S.C. 2001 note);</del>
  - (3) <ins>Availability—</ins> <del>compatible with training </del><ins>The Secretaries concerned shall make available to the public the strategy submitted under paragraphs (1) </ins>and <del>operational objectives; and</del><ins>(2), including by posting such strategy on the internet websites of the Secretaries that is available to the public.</ins>
  - (3) <del>that is automated, to the extent practicable, to minimize the reporting burden of unit commanders.</del>
- (d) <del>Report—</del><ins>Definitions—</ins> <del>Not later than one year after the date of the enactment of </del><ins>In </ins>this <del>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).</del><ins>section:</ins>
  - (1) <ins>The term “appropriate congressional committees” means the following:</ins>
    - (A) <ins>The congressional defense committees.</ins>
    - (B) <ins>The Committees on Veterans’ Affairs of the House of Representatives and the Senate.</ins>
  - (2) <ins>The term “Director” means the Director of the office established by section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).</ins>
  - (3) <ins>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).</ins>
  - (4) <ins>The term “interoperability” means the ability of different information systems, devices, or applications to connect in a coordinated and secure manner, within and across organizational boundaries, across the complete spectrum of care, including all applicable care settings, and with relevant stakeholders, including the person whose information is being shared, to access, exchange, integrate, and use computable data regardless of the data’s origin or destination or the applications employed, and without additional intervention by the end user, including—</ins>
    - (A) <ins>the capability to reliably exchange information without error;</ins>
    - (B) <ins>the ability to interpret and to make effective use of the information so exchanged; and</ins>
    - (C) <ins>the ability for information that can be used to advance patient care to move between health care entities, regardless of the technology platform in place or the location where care was provided.</ins>
  - (5) <ins>The term “seamless health care” means health care which is optimized through access by patients and clinicians to integrated, relevant, and complete information about the patient’s clinical experiences, social and environmental determinants of health, and health trends over time in order to enable patients and clinicians to move from task to task and encounter to encounter, within and across organizational boundaries, such that high-quality decisions may be formed easily and complete plans of care may be carried out smoothly.</ins>
  - (6) <ins>The term “Secretary concerned” means—</ins>
    - (A) <ins>the Secretary of Defense, with respect to matters concerning the Department of Defense;</ins>
    - (B) <ins>the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs; and</ins>
    - (C) <ins>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.</ins>
  - (7) <ins>The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.</ins>

## Sec. 715 Demonstration of interoperability milestones

- (a) <ins>Milestones—</ins> <ins></ins>
  - (1) <ins>Evaluation—</ins> <ins>To demonstrate increasing levels of interoperability, functionality, and seamless health care within 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 of the following use cases of such systems:</ins>
    - (A) <ins>By not later than 18 months after the date of the enactment of this Act, whether a clinician of the Department of Defense can access and meaningfully interact with a complete veteran patient health record from a military medical treatment facility.</ins>
    - (B) <ins>By not later than 18 months after the date of the enactment of this Act, 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.</ins>
    - (C) <ins>By not later than two years after the date of the enactment of this Act, whether a clinician in the Department of Defense and the Department of Veterans Affairs can access and meaningfully interact with the data elements of the health record of a veteran patient or member of the Armed Forces which are generated when the veteran patient or member of the Armed Forces receives health care from a community care provider of the Department of Veterans Affairs or a TRICARE provider of the Department of Defense</ins>
    - (D) <ins>By not later than two years after the date of the enactment of this Act, whether a community care provider of the Department of the Veterans Affairs and a TRICARE provider on a Health Information Exchange-supported electronic health record can access a veteran and active-duty member patient health record from the provider’s system.</ins>
    - (E) <ins>By not later than two years after the enactment of this Act, and subsequently after each significant implementation wave, 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.</ins>
    - (F) <ins>By not later than two years after the enactment of this Act, and subsequently after each significant implementation wave, an assessment of the use of interoperable content 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, and third-party applications.</ins>
  - (2) <ins>Submission—</ins> <ins>The Office shall submit to the appropriate congressional committees a report detailing the evaluation, methodology for testing, and findings for each milestone demonstration under paragraph (1) by not later than the date specified under such paragraph.</ins>
- (a) <del>Policy required—</del> <del>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.</del>
- (b) <del>Elements—</del><ins>System configuration management—</ins> The <del>policy under subsection (a) shall address each of the following:</del><ins>Office shall—</ins>
  - (1) <del>The compliance of health professionals in </del><ins>maintain </ins>the <del>military </del><ins>common configuration baseline for the electronic </ins>health <del>system engaged in </del><ins>record systems of </ins>the <del>provision </del><ins>Department </ins>of <del>health care services to members with clinical practice guidelines for—</del><ins>Defense and the Department of Veterans Affairs; and</ins>
    - (A) <del>suicide prevention;</del>
    - (B) <del>medication-assisted therapy for alcohol use disorders; and</del>
    - (C) <del>medication-assisted therapy for opioid use disorders.</del>
  - (2) <del>The access </del><ins>continually evaluate the state of configuration, the impacts on interoperability, </ins>and <del>availability </del><ins>shall promote the enhancement </ins>of <del>mental </del><ins>such electronic </ins>health <del>care services to members who are victims of sexual assault or domestic violence.</del><ins>records systems.</ins>
  - (3) <del>The availability of naloxone reversal capability on military installations.</del>
  - (4) <del>The promotion of referrals of members by civilian health care providers to military medical treatment facilities when such members are—</del>
    - (A) <del>at high risk for suicide and diagnosed with a psychiatric disorder; or</del>
    - (B) <del>receiving treatment for opioid use disorders.</del>
  - (5) <del>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.</del>
- (c) <del>Consideration—</del><ins>Regular clinical consultation—</ins> <del>In developing the policy under subsection (a), the Secretary of Defense </del><ins>The Office </ins>shall <del>solicit and consider recommendations </del><ins>convene at least annually a clinical workshop to include clinical staff </ins>from the <del>Secretaries </del><ins>Department </ins>of <ins>Defense, </ins>the <del>military departments </del><ins>Department of Veterans Affairs, the Coast Guard, community providers, </ins>and <ins>other leading clinical experts to assess </ins>the <del>Chairman </del><ins>state </ins>of <del>the Joint Chiefs </del><ins>clinical use </ins>of <del>Staff regarding </del>the <del>feasibility of implementation </del><ins>electronic health record systems </ins>and <del>execution of particular elements of </del><ins>whether </ins>the <del>policy.</del><ins>systems are meeting clinical and patient needs. The clinical workshop shall make recommendations to the Office on the need for any improvements or concerns with the electronic health record systems.</ins>
- (d) <del>Report—</del><ins>Clinician and patient satisfaction survey—</ins> <del>Not later than 18 months after </del><ins>Beginning October 1, 2021, on at least a biannual basis, </ins>the <del>date of </del><ins>Office shall undertake a clinician and patient satisfaction survey regarding clinical use and patient experience with </ins>the <del>enactment </del><ins>electronic health record systems </ins>of <del>this Act, </del>the <del>Secretary </del><ins>Department </ins>of Defense <del>shall submit to the Committees on Armed Services of the Senate </del>and the <del>House of Representatives a report on the implementation </del><ins>Department </ins>of <del>the policy under subsection (a).</del><ins>Veterans Affairs.</ins>
- (e) <ins>Annual reports—</ins> <ins>Not later than September 30, 2020, and annually thereafter, the Office shall submit to the appropriate congressional committees a report on—</ins>
  - (1) <ins>the state of the configuration baseline under subsection (b) and any activities which decremented or enhanced the state of configuration; and</ins>
  - (2) <ins>the activities, assessments and recommendations of the clinical workshop under subsection (c) and the response of the Office to the workshop recommendations and any action plans to implement the recommendations.</ins>
- (f) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “appropriate congressional committees” means the following:</ins>
    - (A) <ins>The congressional defense committees.</ins>
    - (B) <ins>The Committees on Veterans’ Affairs of the House of Representatives and the Senate.</ins>
  - (2) <ins>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. It serves as a documented basis for defining incremental change in all aspects of an information technology product.</ins>
  - (3) <ins>The term “interoperability” means the ability of different information systems, devices, or applications to connect in a coordinated and secure manner, within and across organizational boundaries, across the complete spectrum of care, including all applicable care settings, and with relevant stakeholders, including the person whose information is being shared, to access, exchange, integrate, and use computable data regardless of the data’s origin or destination or the applications employed, and without additional intervention by the end user, including—</ins>
    - (A) <ins>the capability to reliably exchange information without error;</ins>
    - (B) <ins>the ability to interpret and to make effective use of the information so exchanged; and</ins>
    - (C) <ins>the ability for information that can be used to advance patient care to move between health care entities, regardless of the technology platform in place or the location where care was provided.</ins>
  - (4) <ins>The term “meaningfully interact” means that information can be viewed, consumed, acted upon, and edited in a clinical setting to facilitate high quality clinical decision making in a clinical setting.</ins>
  - (5) <ins>The term “Office” means the office established by section 1635(b) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note).</ins>
  - (6) <ins>The term “seamless health care” means health care which is optimized through access by patients and clinicians to integrated, relevant, and complete information about the patient’s clinical experiences, social and environmental determinants of health, and health trends over time in order to enable patients and clinicians to move from task to task and encounter to encounter, within and across organizational boundaries, such that high-quality decisions may be formed easily and complete plans of care may be carried out smoothly.</ins>
  - (7) <ins>The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.</ins>

## Sec. 716 Inclusion of blast exposure history in medical records of members of the Armed Forces

- (a) <del>Limitation—</del><ins>Requirement—</ins> <del>Except as provided by subsection (d), the </del><ins>The </ins>Secretary of <del>Defense and </del><ins>Defense, in coordination with </ins>the Secretaries <del>concerned may not realign or reduce </del><ins>of the </ins>military <ins>departments, shall document blast exposure history in the </ins>medical <del>end strength authorizations until—</del><ins>record of a member of the Armed Forces to—</ins>
  - (1) <del>each review is conducted under paragraph (1) </del><ins>assist in determining whether a future illness or injury </ins>of <del>subsection (b);</del><ins>the member is service-connected; and</ins>
  - (2) <del>each analysis is conducted under paragraph (2) </del><ins>inform future blast exposure risk mitigation efforts </ins>of <del>such subsection;</del><ins>the Department of Defense.</ins>
- (b) <ins>Elements—</ins> <ins>A blast exposure history under subsection (a) shall include, at a minimum, the following:</ins>
  - (3) <del>the measurement is developed under paragraph (3) of such subsection;</del>
  - (4) <del>each plan and forum is provided under paragraph (4) of such subsection; and</del>
  - (5) <del>a period of 90 days elapses following the date on which the Secretary submits the report under subsection (c).</del>
- (b) <del>Reviews, analyses, and other information—</del> <del></del>
  - (1) <del>Review—</del> <del>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.</del>
  - (1) <del>Analyses—</del> <del>With respect to each military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction, </del><ins>The date of </ins>the <del>Secretary concerned shall conduct an analysis that—</del><ins>exposure.</ins>
    - (A) <del>identifies affected billets; and</del>
    - (B) <del>includes a plan for mitigating any potential gap in health care services caused by such realignment or reduction.</del>
  - (2) <del>Measurement—</del> The <del>Secretary </del><ins>duration </ins>of <del>Defense shall—</del><ins>the exposure, and, if known, the measured blast pressure experienced by the individual during such exposure.</ins>
    - (A) <del>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</del>
    - (B) <del>use such measurement in carrying out this section and otherwise evaluating proposed military medical end strength realignment or reductions.</del>
  - (3) <del>Outreach—</del> <del>The Secretary of Defense shall provide to each member of the Armed Forces and covered beneficiary located in </del><ins>Whether </ins>the <del>area of a military medical treatment facility that would be affected by a proposed military medical end strength realignment </del><ins>exposure occurred during combat </ins>or <del>reduction the following:</del><ins>training.</ins>
  - (4) <ins>Such other information relating to the exposure as the Secretary of Defense may specify pursuant to the guidance described in subsection (c)(1).</ins>
    - (A) <del>A transition plan for continuity of health care services.</del>
    - (B) <del>A public forum to discuss the concerns of the member and covered beneficiary regarding such proposed realignment or reduction.</del>
- (c) <del>Report—</del><ins>Collection of exposure information—</ins> <del>Not later than 180 days after the date of the enactment of this Act, the </del><ins>The </ins>Secretary of Defense shall <del>submit </del><ins>collect blast exposure information with respect </ins>to <del>the Committees on Armed Services of the House </del><ins>a member </ins>of <del>Representatives and </del>the <del>Senate </del><ins>Armed Forces in </ins>a <del>report on the proposed military medical end strength realignments or reductions, including—</del><ins>manner—</ins>
  - (1) <ins>consistent with blast exposure measurement training guidance of </ins>the <del>reviews, analyses, and other information </del><ins>Department, including any new guidance </ins>developed <del>under subsection (b); and</del><ins>pursuant to—</ins>
    - (A) <ins>the study on blast pressure exposure required by section 734 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1444); and</ins>
    - (B) <ins>the review of guidance on blast exposure during training required by section 253 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1704, 10 U.S.C. 2001 note);</ins>
  - (2) <del>a description of the actions the Secretary plans to take </del><ins>compatible </ins>with <del>respect to such proposed realignments or reductions.</del><ins>training and operational objectives; and</ins>
  - (3) <ins>that is automated, to the extent practicable, to minimize the reporting burden of unit commanders.</ins>
- (d) <del>Exception—</del><ins>Report—</ins> <del>The limitation in subsection (a) shall not apply to billets </del><ins>Not later than one year after the date </ins>of <del>a medical department </del><ins>the enactment </ins>of <del>a military department that have remained unfilled since at least October 1, 2018. The Secretary concerned may realign or reduce such a billet if </del><ins>this Act, </ins>the Secretary <del>determines that such realignment or reduction does not affect the provision </del>of <del>health care services </del><ins>Defense shall submit </ins>to <del>members of </del>the <ins>Committees on </ins>Armed <del>Forces or covered beneficiaries.</del><ins>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).</ins>
- (e) <del>Definitions—</del> <del>In this section:</del>
  - (1) <del>The term “covered beneficiary” has the meaning given that term in section 1072 of title 10, United States Code.</del>
  - (2) <del>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.</del>
  - (3) <del>The term “Secretary concerned” means—</del>
    - (A) <del>the Secretary of the Army, with respect to matters concerning the Army;</del>
    - (B) <del>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</del>
    - (C) <del>the Secretary of the Air Force, with respect to matters concerning the Air Force.</del>

## Sec. 717 Comprehensive policy for provision of mental health care to members of the Armed Forces

- (a) <ins>Policy required—</ins> <ins>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.</ins>
- <del>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—</del>
- (b) <ins>Elements—</ins> <del>describes the shortage of mental health providers </del><ins>The policy under subsection (a) shall address each </ins>of the <del>Department of Defense;</del><ins>following:</ins>
  - (1) <ins>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—</ins>
    - (A) <ins>suicide prevention;</ins>
    - (B) <ins>medication-assisted therapy for alcohol use disorders; and</ins>
    - (C) <ins>medication-assisted therapy for opioid use disorders.</ins>
  - (2) <ins>The access and availability of mental health care services to members who are victims of sexual assault or domestic violence.</ins>
  - (3) <ins>The availability of naloxone reversal capability on military installations.</ins>
  - (4) <ins>The promotion of referrals of members by civilian health care providers to military medical treatment facilities when such members are—</ins>
    - (A) <ins>at high risk for suicide and diagnosed with a psychiatric disorder; or</ins>
    - (B) <ins>receiving treatment for opioid use disorders.</ins>
  - (5) <ins>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.</ins>
- (c) <ins>Consideration—</ins> <del>explains </del><ins>In developing </ins>the <del>reasons for such shortage;</del><ins>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.</ins>
- (d) <ins>Report—</ins> <del>explains </del><ins>Not later than 18 months after </ins>the <del>effect </del><ins>date </ins>of <del>such shortage on members </del><ins>the enactment </ins>of <ins>this Act, </ins>the <ins>Secretary of Defense shall submit to the Committees on </ins>Armed <del>Forces; and</del><ins>Services of the Senate and the House of Representatives a report on the implementation of the policy under subsection (a).</ins>
- (4) <del>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.</del>

## Sec. 718 Limitation on the realignment or reduction of military medical manning end strength

- (a) <ins>Limitation—</ins> <ins>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—</ins>
- (a) <del>Report—</del> <del></del>
  - (1) <del>In general—</del> <del>Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the practices for prescribing medication during the period beginning January 1, 2012, and ending December 31, 2017, that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.</del>
  - (1) <del>Contents—</del> <del>The report </del><ins>each review is conducted </ins>under <del>this </del><ins>paragraph (1) of </ins>subsection <del>shall include the following:</del><ins>(b);</ins>
  - (2) <ins>each analysis is conducted under paragraph (2) of such subsection;</ins>
  - (3) <ins>the measurement is developed under paragraph (3) of such subsection;</ins>
  - (4) <ins>each plan and forum is provided under paragraph (4) of such subsection; and</ins>
  - (5) <ins>a period of 90 days elapses following the date on which the Secretary submits the report under subsection (c).</ins>
- (b) <ins>Reviews, analyses, and other information—</ins> <ins></ins>
  - (1) <ins>Review—</ins> <ins>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.</ins>
    - (A) <del>A summary of the practices of the Army, Navy, and the Air Force, for prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.</del>
    - (B) <del>Identification of medical centers serving members of the Armed Forces found to having higher than average incidences of prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder guidelines.</del>
    - (C) <del>A plan for such medical centers to reduce the prescribing of medications that are inconsistent with the post-traumatic stress disorder guidelines.</del>
    - (D) <del>A plan for ongoing monitoring of medical centers found to have higher than average incidences of prescribing medication that were inconsistent with the post-traumatic stress disorder guidelines by the Department of Defense and the Veterans Health Administration.</del>
- (b) <del>Monitoring program—</del> <del>Based on the findings of the report under subsection (a), the Secretaries of the Army, the Navy, and the Air Force shall each establish a monitoring program carried out with respect to such branch of the Armed Forces that shall provide as follows:</del>
  - (2) <ins>Analyses—</ins> <del>The monitoring program shall provide for </del><ins>With respect to each military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction, </ins>the <ins>Secretary concerned shall </ins>conduct <del>of periodic reviews, beginning October 1, 2019, of medication prescribing practices of its own providers.</del><ins>an analysis that—</ins>
    - (A) <ins>identifies affected billets; and</ins>
    - (B) <ins>includes a plan for mitigating any potential gap in health care services caused by such realignment or reduction.</ins>
  - (3) <ins>Measurement—</ins> The <del>monitoring program shall provide for regular reports, beginning October 1, 2020, to the Department </del><ins>Secretary </ins>of Defense <del>and the Veterans Health Administration, of the results of the periodic reviews pursuant to paragraph (1) of this subsection.</del><ins>shall—</ins>
    - (A) <ins>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</ins>
    - (B) <ins>use such measurement in carrying out this section and otherwise evaluating proposed military medical end strength realignment or reductions.</ins>
  - (4) <ins>Outreach—</ins> The <del>monitoring program </del><ins>Secretary of Defense </ins>shall <del>establish internal procedures, not later than October 1, 2020, </del><ins>provide </ins>to <del>address practices for prescribing medication that are inconsistent with </del><ins>each member of </ins>the <del>post-traumatic stress disorder medication guidelines developed by </del><ins>Armed Forces and covered beneficiary located in </ins>the <del>Department </del><ins>area </ins>of <del>Defense and </del><ins>a military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction </ins>the <del>Veterans Health Administration.</del><ins>following:</ins>
    - (A) <ins>A transition plan for continuity of health care services.</ins>
    - (B) <ins>A public forum to discuss the concerns of the member and covered beneficiary regarding such proposed realignment or reduction.</ins>
- (c) <ins>Report—</ins> <ins>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—</ins>
  - (1) <ins>the reviews, analyses, and other information developed under subsection (b); and</ins>
  - (2) <ins>a description of the actions the Secretary plans to take with respect to such proposed realignments or reductions.</ins>
- (d) <ins>Exception—</ins> <ins>The limitation in subsection (a) shall not apply to billets of a medical department of a military department that have remained unfilled since at least October 1, 2018. The Secretary concerned may realign or reduce such a billet if the Secretary determines that such realignment or reduction does not affect the provision of health care services to members of the Armed Forces or covered beneficiaries.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “covered beneficiary” has the meaning given that term in section 1072 of title 10, United States Code.</ins>
  - (2) <ins>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.</ins>
  - (3) <ins>The term “Secretary concerned” means—</ins>
    - (A) <ins>the Secretary of the Army, with respect to matters concerning the Army;</ins>
    - (B) <ins>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</ins>
    - (C) <ins>the Secretary of the Air Force, with respect to matters concerning the Air Force.</ins>

## Sec. 719 Strategy to recruit and retain mental health providers — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that—</ins>
- (1) <ins>describes the shortage of mental health providers of the Department of Defense;</ins>
- (2) <ins>explains the reasons for such shortage;</ins>
- (3) <ins>explains the effect of such shortage on members of the Armed Forces; and</ins>
- (4) <ins>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.</ins>

## Sec. 720 Monitoring medication prescribing practices for the treatment of post-traumatic stress disorder — added

- (a) <ins>Report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the practices for prescribing medication during the period beginning January 1, 2012, and ending December 31, 2017, that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.</ins>
  - (2) <ins>Contents—</ins> <ins>The report under this subsection shall include the following:</ins>
    - (A) <ins>A summary of the practices of the Army, Navy, and the Air Force, for prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.</ins>
    - (B) <ins>Identification of medical centers serving members of the Armed Forces found to having higher than average incidences of prescribing medication during the period referred to in paragraph (1) that were inconsistent with the post-traumatic stress disorder guidelines.</ins>
    - (C) <ins>A plan for such medical centers to reduce the prescribing of medications that are inconsistent with the post-traumatic stress disorder guidelines.</ins>
    - (D) <ins>A plan for ongoing monitoring of medical centers found to have higher than average incidences of prescribing medication that were inconsistent with the post-traumatic stress disorder guidelines by the Department of Defense and the Veterans Health Administration.</ins>
- (b) <ins>Monitoring program—</ins> <ins>Based on the findings of the report under subsection (a), the Secretaries of the Army, the Navy, and the Air Force shall each establish a monitoring program carried out with respect to such branch of the Armed Forces that shall provide as follows:</ins>
  - (1) <ins>The monitoring program shall provide for the conduct of periodic reviews, beginning October 1, 2019, of medication prescribing practices of its own providers.</ins>
  - (2) <ins>The monitoring program shall provide for regular reports, beginning October 1, 2020, to the Department of Defense and the Veterans Health Administration, of the results of the periodic reviews pursuant to paragraph (1) of this subsection.</ins>
  - (3) <ins>The monitoring program shall establish internal procedures, not later than October 1, 2020, to address practices for prescribing medication that are inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.</ins>
- (c) <ins>Report on implementation of guidance on opioid prescriptions for pain from minor outpatient procedures—</ins> <ins>Not later than 6 months after the date of enactment of this Act, the Secretary of Defense, acting in conjunction with the Director of the Defense Health Agency, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the implementation and results of the Defense Health Agency’s guidance on opioid prescriptions for pain from minor outpatient procedures in Guidance Report entitled “Pain Management and Opioid Safety in the Military Health System (MHS)” (DHA–PI 6025.04, issued on June 8, 2018).</ins>

## Sec. 720A Maintenance of certain medical services at military medical treatment facilities at Service Academies — added

- <ins>Section 1073d of title 10, United States Code, is amended by adding at the end the following new subsection:</ins>
- <ins>“(f) Maintenance of certain medical services at Service Academies</ins>
- <ins>“(1) In carrying out subsection (a), the Secretary of Defense shall ensure that each military medical treatment facility located at a Service Academy (as defined in section 347 of this title) provides each covered medical service unless the Secretary determines that a civilian health care facility located not fewer than five miles from the Service Academy provides the covered medical service.</ins>
- <ins>“(2) In this subsection, the term “covered medical service” means the following:</ins>
- <ins>“(A) Emergency room services.</ins>
- <ins>“(B) Orthopedic services.</ins>
- <ins>“(C) General surgery services.</ins>
- <ins>“(D) Ear, nose, and throat services.</ins>
- <ins>“(E) Gynecological services.</ins>
- <ins>“(F) Ophthalmology services.</ins>
- <ins>“(G) In-patient services.</ins>
- <ins>“(H) Any other medical services that the relevant Superintendent of the Service Academy determines necessary to maintain the readiness and health of the cadets or midshipmen and members of the armed forces at the Service Academy.”</ins>

## Sec. 720B Development of partnerships to improve combat casualty care for personnel of the Armed Forces — added

- (a) <ins>Partnerships—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary of Defense shall, 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), develop partnerships with civilian academic medical centers and large metropolitan teaching hospitals to improve combat casualty care for personnel of the Armed Forces.</ins>
  - (2) <ins>Partnerships with level I trauma centers—</ins> <ins>In carrying out partnerships under paragraph (1), trauma surgeons and physicians of the Department of Defense shall partner with level I civilian trauma centers to provide adequate training and readiness for the next generation of medical providers to treat critically injured burn patients.</ins>
- (b) <ins>Support of partnerships—</ins> <ins>The Secretary of Defense shall 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 adequate training and readiness for the next generation of medical providers to treat critically injured burn patients.</ins>
- (c) <ins>Level I civilian trauma center defined—</ins> <ins>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).</ins>
- (d) <ins>Effective date—</ins> <ins>This section shall take effect on October 1, 2020.</ins>

## Sec. 720C Modification to referrals for mental health services — added

- <ins>If the Secretary of Defense is unable to provide mental health services in a military medical treatment facility to a member of the Armed Forces within 15 days of the date on which such services are first requested by the member, the Secretary may refer the member to a provider under the TRICARE program (as that term is defined in section 1072 of title 10, United States Code) to receive such services.</ins>

## Sec. 724 National Guard suicide prevention pilot program

- (a) Pilot program authorized— The Chief of the National Guard Bureau may carry out a pilot program to expand suicide prevention and intervention efforts at the community level through the use of a mobile application that provides the capability for a member of the National Guard to receive prompt support, including access to a behavioral health professional, on a smartphone, tablet computer, or other handheld mobile device.
- (b) Elements— The pilot program shall include, subject to such conditions as the Secretary may prescribe—
  - (1) the use by members of the National Guard of an existing mobile application that provides the capability described in subsection (a); or
  - (2) the development and use of a new mobile application that provides such capability.
- (c) Eligibility and participation requirements— The Chief of the National Guard Bureau shall establish requirements with respect to eligibility and participation in the pilot program.
- (d) Assessment prior to pilot program commencement— Prior to commencement of the pilot program, the Chief of the National Guard Bureau shall—
  - (1) conduct an assessment of existing prevention and intervention efforts of the National Guard in each State that include the use of mobile applications that provide the capability described in subsection (a) to determine best practices for providing immediate and localized care through the use of such mobile applications; and
  - (2) determine the feasibility of expanding existing programs on a national scale.
- (e) Responsibilities of entities participating in pilot program— Each entity that participates in the pilot program shall—
  - (1) share best practices with other entities participating in the program; and
  - (2) annually assess outcomes with respect to members of the National Guard.
- (f) Term— The pilot program shall terminate on the date that is three years after the date on which the pilot program commenced.
- (g) Reports—
  - (1) Initial report— If the Chief of the National Guard Bureau commences the pilot program authorized under subsection (a), not later than 180 days after the date of the commencement of such program, the Chief shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a description of the pilot program and such other matters as the Chief considers appropriate.
  - (2) Final report—
    - (A) In general— Not later than 180 days after the termination of the pilot program, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such pilot program.
    - (B) Matters included— The report under subparagraph (A) shall include the following:
      - (i) A description of the pilot program, including any partnerships entered into by the Chief of the National Guard Bureau under the program.
      - (ii) An assessment of the effectiveness of the pilot program.
      - (iii) A description of costs associated with the implementation of the pilot program.
      - (iv) The estimated costs of making the pilot program permanent.
      - (v) A recommendation as to whether the pilot program should be extended or made permanent.
      - (vi) Such other recommendations for legislative or administrative action as the Chief of the National Guard Bureau considers appropriate.
- (h) <ins>Funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, administrative and service-wide activities, Office of the Secretary of Defense, line 460 is hereby increased by $5,000,000 (with the amount of such increase to be made available for the Defense Suicide Prevention Office and National Guard suicide prevention pilot program under this section).</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for shipbuilding and conversion, Navy, ship to shore connector, line 024 is hereby reduced by $5,000,000.</ins>
- (i) [was (9)] State defined— In this section, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

## Sec. 725 Reports on suicide among members of the Armed Forces

- (a) Reports— Not later than 90 days after the date of the enactment of this Act, and annually thereafter through January 31, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on suicide among members of the Armed Forces during the year preceding the date of the report.
- (b) Matters included— Each report under subsection (a) shall include the following with respect to the year covered by the report:
  - (1) The number of suicides, attempted suicides, and occurrences of suicidal ideation involving a member of the Armed Forces, including the reserve components thereof, listed by Armed Force.
  - (2) The number of suicides, attempted suicides, or suicidal ideation identified under paragraph (1) that occurred during each of the following periods:
    - (A) The first 180 days of the member serving in the Armed Forces.
    - (B) The period in which the member is deployed in support of a contingency operation.
  - (3) With respect to the number of suicides, attempted suicides, or suicidal ideation identified under paragraph (2)(A), the initial recruit training location of the member.
  - (4) The number of suicides involving a dependent of a member.
  - (5) A description of any research collaborations and data sharing by the Department of Defense with the Department of Veterans Affairs, other departments or agencies of the Federal Government, academic institutions, or nongovernmental organizations.
  - (6) Identification of a research agenda for the Department of Defense to improve the evidence base on effective suicide prevention treatment and risk communication.
  - (7) <ins>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 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.</ins>
  - (8) [was (3)(9)] A description of the effectiveness of the policies developed pursuant to section 567 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1071 note) and section 582 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1071 note), including with respect to—
    - (A) [was (3)(9)(2)] metrics identifying effective treatment modalities for members of the Armed Forces who are at risk for suicide (including any clinical interventions involving early identification and treatment of such members);
    - (B) [was (3)(9)(3)] metrics for the rate of integration of mental health screenings and suicide risk and prevention for members during the delivery of primary care for such members;
    - (C) [was (3)(9)(4)] metrics relating to the effectiveness of suicide prevention and resilience programs and preventative behavioral health programs of the Department of Defense (including those of the military departments and the Armed Forces); and
    - (D) [was (3)(9)(5)] metrics evaluating the training standards for behavioral health care providers to ensure that such providers have received training on clinical best practices and evidence-based treatments.

## Sec. 729 Allowing claims against the United States for injury and death of members of the Armed Forces caused by improper medical care — added

- (a) <ins>In general—</ins> <ins>Chapter 171 of title 28, United States Code, is amended by adding at the end the following:</ins>
  - <ins>“2681. Claims against the United States for injury and death of members of the Armed Forces of the United States</ins>
  - <ins>“(a) A claim may be brought against the United States under this chapter for damages relating to the personal injury or death of a member of the Armed Forces of the United States arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) that is provided at a covered military medical treatment facility by a person acting within the scope of the office or employment of that person by or at the direction of the Government of the United States.</ins>
  - <ins>“(b) A claim under this section shall not be reduced by the amount of any benefit received under subchapter III (relating to Servicemembers’ Group Life Insurance) of chapter 19 of title 38.</ins>
  - <ins>“(c) Notwithstanding section 2401(b), a claim brought under this section shall have a three-year statute of limitations beginning on the date the claimant discovered or by reasonable diligence should have discovered the injury and the cause of the injury.</ins>
  - <ins>“(d) For purposes of claims brought under this section—</ins>
  - <ins>“(1) subsections (j) and (k) of section 2680 do not apply; and</ins>
  - <ins>“(2) in the case of an act or omission occurring outside the United States, the law of the place where the act or omission occurred shall be deemed to be the law of the State of domicile of the claimant.</ins>
  - <ins>“(e) In this section, the term “covered military medical treatment facility” means the facilities described in subsections (b), (c), and (d) of section 1073d of title 10, regardless of whether the facility is located in or outside the United States. The term does not include battalion aid stations or other medical treatment locations deployed in an area of armed conflict.</ins>
  - <ins>“(f) Not later than two years after the date of the enactment of this section, and every two years thereafter, the Secretary of Defense shall submit to Congress a report on the number of claims filed under this section.”</ins>
- (b) <ins>Clerical amendment—</ins> <ins>The table of sections for chapter 171 of title 28, United States Code, is amended by adding at the end the following:</ins>
- (c) <ins>Effective date—</ins> <ins>This Act and the amendments made by this Act shall apply to—</ins>
  - (1) <ins>a claim filed on or after the date of the enactment of this Act; and</ins>
  - (2) <ins>a claim that—</ins>
    - (A) <ins>is pending as of the date of the enactment of this Act; and</ins>
    - (B) <ins>arises from an incident occurring not more than two years before the claim was filed.</ins>
- (d) <ins>Rule of construction—</ins> <ins>Nothing in this Act or the amendments made by this Act shall be construed to limit the application of the administrative process and procedures of chapter 171 of title 28, United States Code, to claims permitted under section 2681 of such chapter, as amended by this section.</ins>

## Sec. 730 Study on extending parent’s level of TRICARE health coverage to newborn child — added

- (a) <ins>Study—</ins> <ins>The Secretary of Defense shall conduct a study on extending a parent’s level of TRICARE health coverage to the newborn child of the parent.</ins>
- (b) <ins>Coordination—</ins> <ins>In conducting the study under subsection (a), the Secretary shall, with respect to members of the Coast Guard, coordinate with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy.</ins>
- (c) <ins>Elements—</ins> <ins>In conducting the study under subsection (a), the Secretary shall study—</ins>
  - (1) <ins>the feasibility and the cost of automatically extending the parent’s level of TRICARE coverage to the newborn child for the remainder of the first year of the child’s life after the first 90 days; and</ins>
  - (2) <ins>the current notification system for parents to change their children’s health care plan during the first 90 days of the newborn’s life.</ins>
- (d) <ins>Submission—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (a).</ins>

## Sec. 731 Report on Global Health Security Strategy and the National Biodefense Security — added

- (a) <ins>Report—</ins> <ins>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.</ins>
- (b) <ins>Elements—</ins> <ins>The report under subsection (a) shall, at a minimum—</ins>
  - (1) <ins>designate the individual and offices responsible for overseeing the implementation of each strategy referred to in subsection (a) within the Department of Defense;</ins>
  - (2) <ins>detail actions that the Department is taking to support implementation of the Global Health Security Agenda;</ins>
  - (3) <ins>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</ins>
  - (4) <ins>with respect to the review of the National Biodefense Strategy conducted by the Comptroller General—</ins>
    - (A) <ins>detail the recommendations in the review that the Secretary plans on or is currently implementing;</ins>
    - (B) <ins>specify the official implementing such recommendations and the actions the official is taking to implement the recommendations;</ins>
    - (C) <ins>specify the recommendations in the review that the Secretary has determined not to implement; and</ins>
    - (D) <ins>explain the rationale of the Secretary with respect to not implementing such recommendations.</ins>
- (c) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the congressional defense committees;</ins>
  - (2) <ins>the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and</ins>
  - (3) <ins>the Committee on Foreign Relations and the Committee on Health, Education, Labor, and Pensions of the Senate.</ins>

## Sec. 732 Report on mental health assessments — added

- (a) <ins>Report—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate and the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives a publicly available report on the Department of Defense’s implementation section 1074n of title 10, United States Code. The report shall include the following:</ins>
  - (1) <ins>An evaluation of the implementation of such section across the Armed Forces.</ins>
  - (2) <ins>An evaluation of the efficacy of the mental health assessments under such section in helping to identify mental health conditions among members of the Armed Forces in order to prevent suicide.</ins>
  - (3) <ins>An evaluation of the tools and processes used to provide the annual mental health assessments of members of the Armed Forces conducted pursuant to such section.</ins>
  - (4) <ins>An analysis of how lessons learned from the annual mental health assessments can be used within the Department of Veterans Affairs to prevent veteran suicide.</ins>
  - (5) <ins>An analysis of potential policy options to improve the monitoring and reporting required and to achieve a more robust implementation of such section.</ins>
  - (6) <ins>Such other information as the Comptroller General determines appropriate.</ins>
- (b) <ins>Interim briefing—</ins> <ins>Not later than March 1, 2020, the Comptroller General shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the topics to be covered by the report under subsection (a), including and preliminary data and any issues or concerns of the Comptroller General relating to the report.</ins>
- (c) <ins>Access to relevant data—</ins> <ins>For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data.</ins>

## Sec. 733 Study and report on mental health assessments for members of the Armed Forces deployed in support of a contingency operation — added

- (a) <ins>Study—</ins> <ins>Each Secretary concerned, with respect to the military department concerned, shall conduct a study on the mental health assessments provided to members of the Armed Forces deployed in connection with a contingency operation.</ins>
- (b) <ins>Elements—</ins> <ins>The study under subsection (a) shall include a discussion and evaluation of the following:</ins>
  - (1) <ins>The mental health assessments provided under section 1074m of title 10, United States Code, including any written guidance prescribed by the Secretary of Defense or the Secretaries concerned with respect to such mental health assessments.</ins>
  - (2) <ins>The extent to which waivers for mental health assessments are granted by the Secretary of Defense under subsection (a)(2) and (a)(3) of such section (as amended by this Act), and the most common reasons why such waivers are granted.</ins>
  - (3) <ins>For each mental health assessment specified in subsection (a)(1) of such section, the effectiveness of such assessment with respect to the detection and initiation of treatment, when appropriate, of members for behavioral health conditions.</ins>
  - (4) <ins>With respect to a mental health assessment provided to members that is determined by the Secretary concerned under paragraph (3) to have low effectiveness, the medical evidence supporting such determination.</ins>
  - (5) <ins>The health impacts on members provided mental health assessments under such section, including the extent to which such members—</ins>
    - (A) <ins>are prescribed medication as a result of an assessment;</ins>
    - (B) <ins>seek post-deployment treatment, other than treatment required under such section, for a behavioral health condition; and</ins>
    - (C) <ins>commit suicide or engage in other harmful activities.</ins>
- (c) <ins>Report—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report containing the results of the study conducted under subsection (a).</ins>
- (d) <ins>Secretary concerned—</ins> <ins>In this section, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.</ins>

## Sec. 734 Education on family planning for members of the Armed Forces — added

- (a) <ins>Education Programs—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall establish a uniform standard curriculum to be used in education programs on family planning for all members of the Armed Forces, including both men and women members. Such education programs shall be provided to members as follows:</ins>
    - (A) <ins>During the first year of service of the member.</ins>
    - (B) <ins>At such other times as each Secretary of a military department determines appropriate.</ins>
  - (2) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that the education programs under paragraph (1) should be evidence-informed and use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces.</ins>
- (b) <ins>Elements—</ins> <ins>The uniform standard curriculum under subsection (a) shall include the following:</ins>
  - (1) <ins>Information for members of the Armed Forces on active duty to make informed decisions regarding family planning.</ins>
  - (2) <ins>Information about the prevention of unintended pregnancy and sexually transmitted infections, including human immunodeficiency virus (commonly known as “HIV”).</ins>
  - (3) <ins>Information on—</ins>
    - (A) <ins>the importance of providing comprehensive family planning for members, including commanding officers; and</ins>
    - (B) <ins>the positive impact family planning can have on the health and readiness of the Armed Forces.</ins>
  - (4) <ins>Current, medically accurate information.</ins>
  - (5) <ins>Clear, user-friendly information on—</ins>
    - (A) <ins>the full range of methods of contraception approved by the Food and Drug Administration; and</ins>
    - (B) <ins>where members can access their chosen method of contraception.</ins>
  - (6) <ins>Information on all applicable laws and policies so that members are informed of their rights and obligations.</ins>
  - (7) <ins>Information on patients’ rights to confidentiality.</ins>
  - (8) <ins>Information on the unique circumstances encountered by members and the effects of such circumstances on the use of contraception.</ins>

## Sec. 735 Funding for CDC ATSDR PFAS health study increment — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for the CDC ATSDR PFAS health study increment is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance, Admin and Service-wide Activities, line 460, Office of the Secretary of Defense, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.</ins>

## Sec. 736 Sense of the House of Representatives on increasing research and development in bioprinting and fabrication in austere military environments — added

- <ins>It is the sense of the House of Representatives that the Defense Health Agency should take appropriate actions to increase efforts focused on research and development in the areas of bioprinting and fabrication in austere military environments.</ins>

## Sec. 737 Increased collaboration with NIH to combat triple negative breast cancer — added

- (a) <ins>In general—</ins> <ins>The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—</ins>
  - (1) <ins>identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and</ins>
  - (2) <ins>provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—</ins>
    - (A) <ins>triple negative breast cancer patients to be identified earlier in the progression of their disease; and</ins>
    - (B) <ins>the development of multiple targeted therapies for the disease.</ins>
- (b) <ins>Funding—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, is hereby increased by $10,000,000 to carry out subsection (a).</ins>
- (c) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $10,000,000.</ins>

## Sec. 738 Funding for post-traumatic stress disorder — added

- (a) <ins>Funding—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding table in such division, is hereby increased by $2,500,000 for post-traumatic stress disorder.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $2,500,000.</ins>

## Sec. 739 Study on readiness contracts and the prevention of drug shortages — added

- (a) <ins>Study—</ins> <ins>The Secretary of Defense shall conduct a study on the effectiveness of readiness contracts managed by the Customer Pharmacy Operations Center of the Defense Logistics Agency in meeting the military’s drug supply needs. The study shall include an analysis of how the contractual approach to manage drug shortages for military health care can be a model for responding to drug shortages in the civilian health care market in the United States.</ins>
- (b) <ins>Consultation—</ins> <ins>In conducting the study under subsection (a), the Secretary of Defense shall consult with—</ins>
  - (1) <ins>the Secretary of Veterans Affairs;</ins>
  - (2) <ins>the Commissioner of Food and Drugs and the Administrator of the Drug Enforcement Administration; and</ins>
  - (3) <ins>physician organizations, drug manufacturers, pharmacy benefit management organizations, and such other entities as the Secretary determines appropriate.</ins>
- (c) <ins>Report—</ins> <ins>Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the results of the study under subsection (a) and any conclusions and recommendations of the Secretary relating to such study.</ins>

## Sec. 740 Update of Department of Defense regulations, instructions, and other guidance to include gambling disorder — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall update all regulations, instructions, and other guidance of the Department of Defense and the military departments with respect to behavioral health to explicitly include gambling disorder. In carrying out this subsection, the Secretary shall implement the recommendations of the Comptroller General of the United States numbered 2 through 6 in the report by the Comptroller General titled “Military Personnel: DOD and the Coast Guard Need to Screen for Gambling Disorder Addiction and Update Guidance” (numbered GAO–17–114).</ins>
- (b) <ins>Military departments defined—</ins> <ins>In this section, the term military departments has the meaning given that term in section 101(8) of title 10, United States Code.</ins>

## Sec. 741 Findings on musculoskeletal injuries — added

- <ins>Congress finds the following:</ins>
- (1) <ins>Musculoskeletal injuries among active duty soldiers result in over 10 million limited duty days each year and account for over 70% of the medically non-deployable population, extremity injury accounts for 79% of reported trauma cases in theater, and service members experience anterior cruciate ligament (ACL) injuries at 10 times the rate of the general population.</ins>
- (2) <ins>Congress recognizes the important work of the Naval Advanced Medical Research Unit in Wound Care Research and encourages continued development of innovations for the Warfighter, especially regarding these tendon and ligament injuries that prevent return to duty for extended periods of time.</ins>

## Sec. 742 Wounded Warrior Service Dog Program — added

- (a) <ins>Grants authorized—</ins> <ins>Subject to the availability of appropriations provided for such purpose, the Secretary of Defense shall establish a program, to be known as the “Wounded Warrior Service Dog Program”, to award competitive grants to nonprofit organizations to assist such organizations in the planning, designing, establishing, or operating (or any combination thereof) of programs to provide assistance dogs to covered members.</ins>
- (b) <ins>Use of funds—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The recipient of a grant under this section shall use the grant to carry out programs that provide assistance dogs to covered members who have a disability described in paragraph (2).</ins>
  - (2) <ins>Disability—</ins> <ins>A disability described in this paragraph is any of the following:</ins>
    - (A) <ins>Blindness or visual impairment.</ins>
    - (B) <ins>Loss of use of a limb, paralysis, or other significant mobility issues.</ins>
    - (C) <ins>Loss of hearing.</ins>
    - (D) <ins>Traumatic brain injury.</ins>
    - (E) <ins>Post-traumatic stress disorder.</ins>
    - (F) <ins>Any other disability that the Secretary of Defense considers appropriate.</ins>
  - (3) <ins>Timing of award—</ins> <ins>The Secretary of Defense may not award a grant under this section to reimburse a recipient for costs previously incurred by the recipient in carrying out a program to provide assistance dogs to covered members unless the recipient elects for the award to be such a reimbursement.</ins>
- (c) <ins>Eligibility—</ins> <ins>To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—</ins>
  - (1) <ins>a proposal for the evaluation required by subsection (d); and</ins>
  - (2) <ins>a description of—</ins>
    - (A) <ins>the training that will be provided by the organization to covered members;</ins>
    - (B) <ins>the training of dogs that will serve as assistance dogs;</ins>
    - (C) <ins>the aftercare services that the organization will provide for such dogs and covered members;</ins>
    - (D) <ins>the plan for publicizing the availability of such dogs through a targeted marketing campaign to covered members;</ins>
    - (E) <ins>the recognized expertise of the organization in breeding and training such dogs;</ins>
    - (F) <ins>the commitment of the organization to humane standards for animals; and</ins>
    - (G) <ins>the experience of the organization with working with military medical treatment facilities; and</ins>
  - (3) <ins>a statement certifying that the organization—</ins>
    - (A) <ins>is accredited by Assistance Dogs International, the International Guide Dog Federation, or another similar widely recognized accreditation organization that the Secretaries determine has accreditation standards that meet or exceed the standards of Assistance Dogs International and the International Guide Dog Federation; or</ins>
    - (B) <ins>is a candidate for such accreditation or otherwise meets or exceeds such standards, as determined by the Secretary of Defense.</ins>
- (d) <ins>Evaluation—</ins> <ins>The Secretary of Defense shall require each recipient of a grant to use a portion of the funds made available through the grant to conduct an evaluation of the effectiveness of the activities carried out through the grant by such recipient.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Assistance dog—</ins> <ins>The term assistance dog means a dog specifically trained to perform physical tasks to mitigate the effects of a disability described in subsection (b)(2), except that the term does not include a dog specifically trained for comfort or personal defense.</ins>
  - (2) <ins>Covered member—</ins> <ins>The term covered member means a member of the Armed Forces who is—</ins>
    - (A) <ins>receiving medical treatment, recuperation, or therapy under chapter 55 of title 10, United States Code;</ins>
    - (B) <ins>in medical hold or medical holdover status; or</ins>
    - (C) <ins>covered under section 1202 or 1205 of title 10, United States Code.</ins>
- (f) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Other Authorizations, Defense Health Program, as specified in the corresponding funding table in section 4501, for Consolidated Health Support is hereby increased by $11,000,000.</ins>
- (g) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operations and Maintenance, as specified in the corresponding funding table in section 4301, for Operations and Maintenance, Defense-Wide, Line 460, Office of the Secretary of Defense is hereby reduced by $11,000,000.</ins>

## Sec. 743 National Capital Consortium Psychiatry Residency Program — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>racial, gender, or other forms of discrimination or harassment should not be tolerated within the PRP; and</ins>
  - (2) <ins>that PRP leadership should—</ins>
    - (A) <ins>set the tone that such conduct is not acceptable;</ins>
    - (B) <ins>ensure that all such complains are thoroughly investigated;</ins>
    - (C) <ins>ensure that violators are held accountable;</ins>
    - (D) <ins>ensure that victims are protected, and not retaliated against;</ins>
    - (E) <ins>maintain a workplace free from unlawful harassment and discrimination;</ins>
    - (F) <ins>conduct regular workplace climate assessments to assess the extent of discrimination or harassment in the PRP; and</ins>
    - (G) <ins>provide refresher training, at least annually, on acceptable standards of behavior for all involved in the PRP programs, including residents and ways to report or address discrimination, harassment, or other inappropriate behavior.</ins>
- (b) <ins>PRP defined—</ins> <ins>In this section, the term “PRP” means the National Capital Consortium Psychiatry Residency Program.</ins>

## Sec. 744 Report on medical providers and medical malpractice insurance — added

- <ins>The Secretary of Defense shall submit to the congressional defense committees a report identifying the number of medical providers employed by the Department of Defense who, before being employed by the Department, lost medical malpractice insurance coverage by reason of the insurer dropping the coverage.</ins>

## Sec. 745 Information for members of the armed forces regarding availability of services at the Department of Veterans Affairs — added

- (a) <ins>In general—</ins> <ins>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.</ins>
- (b) <ins>Information from sexual assault response coordinators—</ins> <ins>The Secretary shall insure that Sexual Assault Response Coordinators and uniformed victims advocates of the Department of Defense advise members of the Armed Forces who report instances of military sexual trauma regarding the eligibility of such members for services at the Department of Veterans Affairs and that this information be included in mandatory training materials.</ins>
- (c) <ins>Military sexual trauma defined—</ins> <ins>In this section, the term “military sexual trauma” means psychological trauma described in section 1720D(a)(1) of title 38, United States Code.</ins>

## Sec. 746 Pilot program on partnerships with civilian organizations for specialized surgical training — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall carry out a pilot program to establish one or more partnerships with public, private, and non-profit organizations and institutions to provide short-term specialized surgical training to advance the medical skills and capabilities of military medical providers.</ins>
- (b) <ins>Duration—</ins> <ins>The Secretary may carry out the pilot program under subsection (a) for a period of not more than three years.</ins>
- (c) <ins>Evaluation metrics—</ins> <ins>Before commencing the pilot program under subsection (a), the Secretary shall establish metrics to be used to evaluate the effectiveness of the pilot program.</ins>
- (d) <ins>Reports—</ins> <ins></ins>
  - (1) <ins>Initial report—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>Not later than 180 days before 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.</ins>
    - (B) <ins>Elements—</ins> <ins>The report required by subparagraph (A) shall include a description of the pilot program, the evaluation metrics established under subsection (c), and such other matters relating to the pilot program as the Secretary considers appropriate.</ins>
  - (2) <ins>Final report—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>Not later than 180 days after the 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.</ins>
    - (B) <ins>Elements—</ins> <ins>The report required by subparagraph (A) shall include the following:</ins>
      - (i) <ins>A description of the pilot program, including the partnerships established under the pilot program as described in subsection (a).</ins>
      - (ii) <ins>An assessment of the effectiveness of the pilot program.</ins>
      - (iii) <ins>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.</ins>
- (e) <ins>Funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for education and training is hereby increased by $2,500,000.</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Defense Health Program, Operation and Maintenance, Private Sector Care, Office of the Secretary of Defense, as specified in the corresponding funding table in section 4501, is hereby reduced by $2,500,000.</ins>

## Sec. 747 Report on research and studies regarding health effects of burn pits — added

- <ins>The Secretary of Defense shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a detailed report on the status, methodology, and culmination timeline of all the research and studies being conducted to assess the health effects of burn pits.</ins>

## Sec. 748 Training on health effects of burn pits and other airborne hazards — added

- <ins>The Secretary of Defense shall provide mandatory training to all medical providers of the Department of Defense on the potential health effects of burn pits and other airborne hazards (such as PFAS, mold, or depleted uranium) and the early detection of such health effects.</ins>

## Sec. 749 Report on operational medical and dental personnel requirements — added

- <ins>Not later than January 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report containing a discussion of the following:</ins>
- (1) <ins>Methods—</ins>
  - (A) <ins>to establish joint planning assumptions for the development of operational medical and dental personnel, including establishing a definition of which personnel may be identified as “operational”;</ins>
  - (B) <ins>to assess options to achieve joint efficiencies in medical and dental personnel requirements, including any associated risks;</ins>
  - (C) <ins>to apply joint planning assumptions and assess efficiencies and risks, for the purpose of determining operational medical and dental requirements;</ins>
  - (D) <ins>to identify and mitigate limitations in the clinical readiness metric, such as data reliability, information on reserve component providers and patient care workload performed outside of military medical treatment facilities established under section 1073d of title 10, United States Code, and the linkage between such metric and patient care and retention outcomes; and</ins>
  - (E) <ins>to determine which critical wartime specialties perform high-risk, high-acuity procedures and rely on perishable skill sets, for the purpose of prioritizing such specialities to which the clinical readiness metric may be expanded.</ins>
- (2) <ins>Estimates of the costs and benefits relating to—</ins>
  - (A) <ins>providing additional training for medical personnel to achieve clinical readiness thresholds; and</ins>
  - (B) <ins>hiring additional civilian personnel in military medical treatment facilities to backfill medical providers of the Department of Defense who attend such training.</ins>

## Sec. 750 Annual reports on Millennium Cohort Study relating to women members of the Armed Forces — added

- (a) <ins>Annual reports—</ins> <ins>On an annual basis, the Secretary of Defense shall submit to the appropriate congressional committees, and make publicly available, a report on findings of the Millennium Cohort Study relating to the gynecological and perinatal health of women members of the Armed Forces participating in the study.</ins>
- (b) <ins>Matters included—</ins> <ins>Each report under subsection (a) shall include, at a minimum, the following:</ins>
  - (1) <ins>A summary of general findings pertaining to gynecological and perinatal health, such as the diseases, disorders, and conditions that affect the functioning of reproductive systems, including regarding maternal mortality and severe maternal morbidity, birth defects, developmental disorders, low birth weight, preterm birth, reduced fertility, menstrual disorders, and other health concerns.</ins>
  - (2) <ins>All research projects that have concluded during the year covered by the report and the outcomes of such projects.</ins>
  - (3) <ins>Abstracts of all ongoing projects.</ins>
  - (4) <ins>Abstracts of all projects that have been considered for investigation.</ins>
- (c) <ins>Identification of areas—</ins> <ins>The Secretary shall identify—</ins>
  - (1) <ins>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</ins>
  - (2) <ins>activities that are currently underway to achieve such efforts.</ins>
- (d) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “appropriate congressional committees” means—</ins>
    - (A) <ins>the congressional defense committees; and</ins>
    - (B) <ins>the Committees on Veterans’ Affairs of the House of Representatives and the Senate.</ins>
  - (2) <ins>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 their return from deployment.</ins>

## Sec. 751 Partnerships with academic health centers — added

- <ins>The Assistant Secretary of Defense for Health Affairs shall establish a University Affiliated Research Center and partner with Academic Health Centers to focus on the unique challenges wounded members of the Armed Forces experience. In carrying out this section, the Assistant Secretary shall emphasize research that reduces dependency on opioids, develops novel pain management and mental health strategies, and leverages partnerships with industry and medical device manufacturers to advance promising technologies for wounded members.</ins>

## Sec. 752 Study on use of routine neuroimaging modalities in diagnosis, treatment, and prevention of brain injury due to blast pressure exposure during combat and training — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall conduct a study on the feasibility and effectiveness of the use of routine neuroimaging modalities in the diagnosis, treatment, and prevention of brain injury among members of the Armed Forces due to one or more blast pressure exposures during combat and training.</ins>
- (b) <ins>Reports—</ins> <ins></ins>
  - (1) <ins>Interim report—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the methods and action plan for the study under subsection (a).</ins>
  - (2) <ins>Final report—</ins> <ins>Not later than two years after the date on which the Secretary begins the study 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 results of such study.</ins>

## Sec. 801 Establishment of acquisition pathways for software applications and software upgrades

- (a) Guidance required— Not later than March 1, 2020, the Secretary of Defense shall establish guidance authorizing the use of acquisition pathways described in subsection (b) for the rapid acquisition of software applications and software upgrades that are intended to be fielded within one year. A contract awarded under this section—
  - (1) shall be in an amount equal to or less than $50,000,000; and
  - (2) may be entered into for a period of not more than one year.
- (b) Software acquisition pathways— The guidance required by subsection (a) shall provide for the use of the following two acquisition pathways:
  - (1) Applications— The applications pathway shall provide for the use of rapid development and implementation of software applications to be used with commercially available hardware.
  - (2) Upgrades— The upgrades pathway shall provide for the rapid development and insertion of software upgrades for embedded weapon systems or another hardware system solely used by the Department of Defense.
- (c) General requirements— The guidance required by subsection (a) shall provide for—
  - (1) the use of proven technologies and solutions to continuously engineer, update, and deliver capabilities in software; and
  - (2) a streamlined and coordinated requirements, budget, and acquisition process that results in the rapid fielding of software applications and software upgrades.
- (d) Expedited process—
  - (1) In general— An acquisition conducted under the guidance required by subsection (a) shall not be subject to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01, except to the extent specifically provided in such guidance.
  - (2) Requirements process— The guidance required by subsection (a) shall provide that the requirements for acquisition of software applications and software upgrades—
    - (A) are developed, refined, and prioritized on an iterative basis through continuous participation and collaboration by users, testers, and requirements authorities;
    - (B) include an identification of the need for, and users of, the software to be acquired and a rationale for how the software will support increased efficiency of the Department of Defense;
    - (C) are stated in the form of a summary-level list of vulnerabilities in existing software systems and desired features or capabilities of the software to be acquired; and
    - (D) consider issues related to lifecycle costs, systems interoperability, and logistics support if the developer of the software to be acquired stops providing support.
  - (4) Execution of rapid acquisitions— The Secretary shall ensure that—
    - (A) an acquisition conducted under the guidance required by subsection (a) is supported by an entity capable of regular automated testing of the source code of the software to be acquired and that such entity is authorized to buy storage, bandwidth, and computing capability as necessary;
    - (B) the Department of Defense can collect and analyze the testing data described in subparagraph (A) to make decisions regarding software acquisition and oversight;
    - (C) the Director of Operational Test and Evaluation and the project manager appointed under paragraph (5) design test cases to ensure that the entity described in subparagraph (A) can test the software to be acquired to ensure such software meets the requirements of the contract;
    - (D) the project manager appointed under paragraph (5) closely monitors the progress of an acquisition conducted under the guidance required by subsection (a);
    - (E) an independent cost estimate is conducted that considers—
      - (i) the iterative process of the development of the software to be acquired; and
      - (ii) the long-term value of the software to be acquired to the Department of Defense, not based on the value of individual lines of source code of the software;
    - (F) the performance of fielded versions of the software to be acquired are demonstrated and evaluated in an operational <del>environment; and</del><ins>environment;</ins>
    - (G) performance metrics of the software to be acquired, such as metrics relating to when the software can be fielded, delivery capabilities of the software (including speed of recovery from outages and cybersecurity vulnerabilities), and assessments and estimations of the size and complexity of such software, are automatically generated on a continuous basis and made available to the Department of Defense and the congressional defense <del>committees.</del><ins>committees; and</ins>
    - (H) <ins>cybersecurity metrics of the software to be acquired, such as metrics relating to the density of vulnerabilities within the code, the time from vulnerability identification to patch availability, the existence of common weaknesses within the 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.</ins>
  - (5) Administration of software acquisition pathways— The guidance required by subsection (a) may provide for the use of any of the following streamlined procedures:
    - (A) The service acquisition executive of the military department concerned shall appoint a project manager for each acquisition of software applications and software upgrades, as determined by the service acquisition executive. Such project manager shall be appointed from among civilian employees or members of the Armed Forces who have significant and relevant experience in current software processes.
    - (B) Each project manager shall report with respect to such acquisition directly, and without intervening review or approval, to the service acquisition executive of the military department concerned.
    - (C) The service acquisition executive of the military department concerned shall evaluate the job performance of such manager on an annual basis. In conducting an evaluation under this paragraph, a service acquisition executive shall consider the extent to which the manager has achieved the objectives of the acquisition for which the manager is responsible, including quality, timeliness, and cost objectives.
    - (D) The project manager shall be authorized staff positions for a technical staff, including experts in software engineering to enable the manager to manage the acquisition without the technical assistance of another organizational unit of an agency to the maximum extent practicable.
    - (E) The project manager shall be authorized, in coordination with the users and testers of the software to be acquired, to make tradeoffs among lifecycle costs, requirements, and schedules to meet the goals of the acquisition.
    - (F) The service acquisition executive or the Under Secretary of Defense for Acquisition and Sustainment, as applicable, shall serve as the decision authority for the acquisition.
    - (G) The project manager of a defense streamlined acquisition shall be provided a process to expeditiously seek a waiver from Congress from any statutory or regulatory requirement that the project manager determines adds little or no value to the management of the acquisition.
  - (6) <ins>Delegation of authority—</ins> <ins>The service acquisition executive may delegate any of the responsibilities under this subsection to a program executive officer (or equivalent).</ins>
- (e) Contract terms—
  - (1) In general— A contract entered into pursuant to the guidance required by subsection (a)—
    - (A) may be awarded within a 90-day period after solicitation on the basis of—
      - (i) statements of qualifications and past performance data submitted by offerors; and
      - (ii) discussions with two or more qualified offerors without regard to price;
    - (B) may be a time-and-materials contract;
    - (C) shall be treated as a contract for the acquisition of commercial services (as defined in section 103a of title 41, United States Code, as in effect on January 1, 2020);
    - (D) shall identify the individuals to perform the work of the contract, and such individuals may not be replaced without the advance written consent of the contracting officer; and
    - (E) may allow for a contractor performing the work of the contract to review existing software in consultation with the user community and incorporate user feedback to—
      - (i) define and prioritize software requirements; and
      - (ii) design and implement new software applications and software upgrades.
  - (2) Options— A contract entered into pursuant to the guidance required by subsection (a) may contain an option to extend the contract once, for a period not to exceed one year, to complete the implementation of one or more specified software applications and software upgrades identified during the period of the initial contract. Such an option may not be in an amount greater than $100,000,000 and—
    - (A) if the option is a time-and-materials contract, it shall be treated as a contract for the acquisition of commercial services (as defined in section 103a of title 41, United States Code); and
    - (B) if the option is a fixed-price contract, it shall be treated as a contract for the acquisition of commercial products (as defined in section 103 of title 41, United States Code).
- (f) Rule of construction— Nothing in this section shall be deemed to prevent the use of other methods of acquisition to procure software applications and upgrades.
- (g) Conforming amendment— Section 2430(a)(2) of title 10, United States Code, is amended—
  - (1) in subparagraph (A), by striking “or” at the end;
  - (2) in subparagraph (B), by striking the period at the end and inserting “; or”; and
  - (3) by adding at the end the following new subparagraph:
    - “(C) an acquisition program for software applications and software upgrades carried out using the acquisition guidance issued pursuant to section 801 of the National Defense Authorization Act for Fiscal Year 2020.”

## Sec. 804 Modifications to cost or pricing data on below-threshold contracts

- (a) <del>Below-threshold </del><ins>Below-Threshold </ins>civilian contracts— Section 3504 of title 41, United States Code is amended—
  - (1) by striking “head of the procuring activity” each place it appears and inserting “contracting officer”;
  - (2) in subsection (b), by striking “or (2)”; and
  - (3) by striking subsection (c).
- (b) Below-threshold defense contracts— Section 2306a(c) of title 10, United States Code, is amended—
  - (1) by striking “head of the procuring activity” each place it appears and inserting “contracting officer”;
  - (2) in paragraph (2), by striking “or (B)”; and
  - (3) by striking paragraph (3).

## Sec. 807 Acquisition and disposal of certain rare earth materials

- (a) Guidance on streamlined acquisition of covered rare earth materials—
  - (1) In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense (Comptroller), the Vice Chairman of the Joint Chiefs of Staff, <ins>the Secretary of Energy, </ins>and the appropriate Under Secretary of State designated by the Secretary of State shall establish guidance to—
    - (A) enable the acquisition of items containing rare earth <del>materials; and</del><ins>materials, with a focus on items that contain high concentrations of rare earth materials;</ins>
    - (B) establish a secure supply chain for rare earth materials from sources within the United States and covered foreign <del>sources.</del><ins>sources; and</ins>
    - (C) <ins>ensure that the United States will eliminate dependency on rare earth materials from China by fiscal year 2035.</ins>
  - (2) Contents— The guidance required by paragraph (1) shall encourage the use of rare earth materials mined, refined, processed, melted, or sintered in the United States and include—
    - (A) a determination of when best value contracting <del>methods </del><ins>methods, including use of a sole source contract with a institution of higher education (as defined in section 101 of the Higher Education Act of 1965 Act (20 U.S.C. 1001)) or other entity, </ins>should be used to ensure the viability of a rare earth material supplier;
    - (B) a guide to the applicability of relevant statutes, including sections 2533b and 2533c of title 10, United States Code, and other statutory or regulatory restrictions to defense contracts and subcontracts;
    - (C) information on current sources within the United States and covered foreign sources of rare earth materials along with commonly used commercial documentation and review processes;
    - (D) directives on budgeting and expending funds for the qualification and certification of suppliers of rare earth materials within the United States to meet national security needs; and
    - (E) any exceptions to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01.
  - (3) Report— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the appropriate Under Secretary of State designated by the Secretary of State, shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report on—
    - (A) the guidance required by paragraph (1); and
    - (B) the efforts of the Secretary of Defense to create and maintain secure supply chain for rare earth materials from sources within the United States and covered foreign sources.
  - (4) Definitions— In this subsection:
    - (A) Covered foreign source— The term “covered foreign source” means a source located in a foreign country that is not an adversary of the United States, as determined by the Secretary of Defense.
    - (B) Rare earth material— The term rare earth material means a concentrate, oxide, carbonate, fluoride, metal, alloy, magnet, or finished product whose chemical, magnetic, or nuclear properties are largely defined by the presence of—
      - (i) yttrium;
      - (ii) scandium; or
      - (iii) any lanthanide series element.
- (b) Authority to dispose of and acquire materials for the national defense stockpile—
  - (1) Disposal authority— Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile Manager shall dispose of 3,000,000 pounds of tungsten ores and concentrates contained in the National Defense Stockpile (in addition to any amount previously authorized for disposal).
  - (2) Acquisition authority—
    - (A) Authority— Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States:
      - (i) Aerospace-grade rayon.
      - (ii) Electrolytic manganese metal.
      - (iii) Pitch-based carbon fiber.
      - (iv) Rare earth cerium compounds.
      - (v) Rare earth lanthanum compounds.
    - (B) Amount of authority— The National Defense Stockpile Manager may use up to <del>$37,420,000 </del><ins>$14,420,000 </ins>in the National Defense Stockpile Transaction Fund for acquisition of the materials specified in subsection (b).
    - (C) Fiscal year limitation— The authority under subsection (b) is available for purchases during fiscal year 2020 through fiscal year 2024.
- (c) National Defense Stockpile sales—
  - (1) Sense of Congress— It is the sense of Congress that tantalum should be designated as a strategic and critical material under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), required to meet the defense, industrial, and essential civilian needs of the United States.
  - (2) National Defense Stockpile sales of tantalum— Section 2533c(d)(1) of title 10, United States code, is amended—
    - (A) in subparagraph (C), by striking “and” at the end;
    - (B) in subparagraph (D), by striking the period at the end and inserting “; and”; and
    - (C) adding at the end the following new subparagraph:
      - “(E) tantalum.”
  - (3) Prohibition on sales of materials— Section 2533c(a)(2) of title 10, United States Code, is amended by striking “covered” before “material”.

## Sec. 815 Addition of domestically produced stainless steel flatware and dinnerware to the Berry Amendment — added

- (a) <ins>In general—</ins> <ins>Section 2533a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:</ins>
  - <ins>“(3) Stainless steel flatware.</ins>
  - <ins>“(4) Dinnerware.”</ins>
- (b) <ins>Effective date—</ins> <ins>Paragraphs (3) and (4) of section 2533a(b) of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts entered into on or after the date occurring 1 year after the date of the enactment of this Act.</ins>

## Sec. 830 Modification of justification and approval requirement for certain Department of Defense contracts

- (a) Modification of justification and approval requirement— Notwithstanding section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2405)—
  - (1) no justification and approval is required under such section for a sole-source contract awarded by the Department of Defense in a covered procurement for an amount not exceeding $100,000,000; and
  - (2) for purposes of subsections (a)(2) and (c)(3)(A) of such section, the appropriate official designated to approve the justification for a sole-source contract awarded by the Department of Defense in a covered procurement exceeding $100,000,000 is the official designated in section 2304(f)(1)(B)(ii) of title 10, United States Code.
- (b) Guidance— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement the authority under subsection (a).
- (c) Comptroller general review—
  - (1) Data tracking and collection— The Department of Defense shall track the use of the authority provided pursuant to subsection (a) and make the data available to the Comptroller General for purposes of the report required under paragraph (2).
  - (2) Report— Not later than February 1, 2022, the Comptroller General of the United States shall submit a report to the congressional defense committees <ins>which shall include the number of contracts awarded </ins>on the <del>use </del><ins>basis </ins>of <ins>competition restricted to Program Participants in </ins>the <del>authority provided pursuant </del><ins>program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) </ins>to <del>subsection (a) through </del><ins>small business concerns that are Native Hawaiian Organizations (as defined in paragraph (15) of such section (15 U.S.C. 637(a)(15))) or economically disadvantaged Indian tribes (or a wholly owned business entity of such a tribe) (as defined in paragraph (13) of such section (15 U.S.C. 637(a)(13))) or that exceed </ins>the <del>end </del><ins>dollar amount under paragraph (1)(D) </ins>of <del>fiscal year 2021.</del><ins>such section.</ins>

## Sec. 831 Preference for offerors employing veterans — added

- (a) <ins>In general—</ins> <ins>Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:</ins>
  - <ins>“2339b. Preference for offerors employing veterans</ins>
  - <ins>“(a) Preference—In awarding a contract for the procurement of goods or services for the Department of Defense, the head of an agency may establish a preference for offerors that employ veterans on a full-time basis. The Secretary of Defense shall determine the criteria for use of such preference.</ins>
  - <ins>“(b) Rule of construction—Nothing in this section shall be construed to supercede any other provision of law establishing a preference for small business concerns owned and controlled by veterans or small business concerns owned and controlled by service-disabled veterans (as defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q))).</ins>
  - <ins>“(c) Congressional notification—Prior to establishing the preference described in subsection (a), the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives on—</ins>
  - <ins>“(1) a plan for implementing such preference, including—</ins>
  - <ins>“(A) penalties for an offeror that willfully and intentionally misrepresents the veteran status of the employees of the offeror in a bid submitted under subsection (a); and</ins>
  - <ins>“(B) reporting on use of such preference; and</ins>
  - <ins>“(2) the process for assessing and verifying offeror compliance with regulations relating to equal opportunity for veterans requirements.”</ins>
- (b) <ins>Clerical amendment—</ins> <ins>The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339a the following new item:</ins>

## Sec. 832 Reporting on expenses incurred for independent research and development costs — added

- (a) <ins>Reporting on independent research and development costs—</ins> <ins>Section 2372 of title 10, United States Code, is amended—</ins>
  - (1) <ins>in the second sentence of subsection (a), by striking “shall be reported” and all that follows through “indirect costs.” and inserting the following:</ins>
    - <ins>“(1) independently from other allowable indirect costs; and</ins>
    - <ins>“(2) annually by the contractor to the Defense Technical Information Center, who shall give access to the information to the Under Secretary of Defense for Research and Engineering, the Director of the Defense Contract Audit Agency, and the Director of the Defense Management Audit Agency.”</ins>
- (b) <ins>Report to Congress—</ins> <ins>Such section is further amended by adding at the end the following new subsection:</ins>
  - <ins>“(f) Report to Congress—Not later than March 31, 2020, and biennially thereafter, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Defense Contract Management Agency, the Director of the Defense Contract Audit Agency, and the Defense Technical Information Center, shall submit to the congressional defense committees aggregate cost data on the independent research and development programs of the contractor. The report shall include—</ins>
  - <ins>“(1) an analysis of such programs completed during the two-year period preceding the date of the report, including the extent to which such programs align with the modernization priorities of the most recent national defense strategy (as described by section 113 of this title);</ins>
  - <ins>“(2) an estimate of the extent to which such programs produced, or sought to produce, disruptive technologies or incremental technologies;</ins>
  - <ins>“(3) with respect to each contractor subject to the reporting requirement under subsection (a)—</ins>
  - <ins>“(A) a comparison of the total amount of independent research and development costs submitted for reimbursement under the annual incurred cost proposal of such contractor and the amount reported to the Defense Technical Information Center; and</ins>
  - <ins>“(B) a summary of any issues relating to the ownership or distribution of intellectual property rights raised by such contractor relating to an independent research and development program of such contractor.”</ins>
- (c) <ins>Report to GAO—</ins> <ins>The Secretary of Defense shall submit to the Comptroller General of the United States the first such report required under subsection (f) of section 2372 of title 10, United States Code (as added by subsection (a)), so that the Comptroller General may perform a review of the information provided in the report.</ins>

## Sec. 833 Reporting on expenses incurred for bid and proposal costs — added

- <ins>Section 2372a(a) of title 10, United States Code, is amended—</ins>
- (1) <ins>in the second sentence, by striking “shall be reported” and all that follows through “indirect costs.” and inserting the following:</ins>
  - <ins>“(1) independently from other allowable indirect costs; and</ins>
  - <ins>“(2) annually by the contractor to the Director of the Defense Contract Audit Agency, who shall give access to the information to the Principal Director for Defense Pricing and Contracting.”</ins>

## Sec. 834 Repeal of the Defense Cost Accounting Standards Board — added

- (a) <ins>Repeal—</ins> <ins>Section 190 of title 10, United States Code, is repealed.</ins>
- (b) <ins>Clerical amendment—</ins> <ins>The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 190.</ins>

## Sec. 835 Report on requirements relating to consumption-based solutions — added

- (a) <ins>Report—</ins> <ins>The Undersecretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the feasibility of revising the Defense Federal Acquisition Regulation Supplement to include requirements relating to consumption-based solutions.</ins>
- (b) <ins>Consumption-based solutions defined—</ins> <ins>The term “consumption-based solutions” means any combination of hardware or equipment, software, and labor or services that together provide a capability that is metered and billed based on actual usage and predetermined pricing per resource unit, and includes the ability to rapidly scale capacity up or down.</ins>

## Sec. 841 Defense acquisition workforce certification and education requirements

- (a) Professional certification requirement—
  - (1) Professional certification required for all acquisition workforce personnel— Section 1701a of title 10, United States Code, is amended—
    - (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
    - (B) by inserting after subsection (b) the following new subsection:
      - “(c) Professional certification
      - “(1) In general—The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any career field of the acquisition workforce shall be based on nationally or internationally recognized standards developed by a third-party entity.
      - “(2) Requirements for Secretary—If the Secretary determines that, for a particular acquisition workforce career field, the third-party entity described in paragraph (1) does not meet the needs of the Department, the Secretary shall establish the professional certification requirement for that career field that conforms with nationally or internationally recognized standards. The Secretary shall determine the best approach to implement such requirement for that career field, including implementation through entities outside the Department of Defense and may be designed and implemented without regard to section 1746 of this title.”
  - (2) Certification renewal— Paragraph (3) of section 1723(a) of such title is amended by striking the second sentence.
  - (3) Participation in professional associations— Section 1701a(b) of such title is amended—
    - (A) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and
    - (B) by inserting after paragraph (5) the following new paragraph:
      - “(6) authorize a member of the acquisition workforce to participate in professional associations, consistent with the performance plan of such member, if such participation provides the member with the opportunity to gain leadership and management skills;”
  - (4) Effective date— The Secretary of Defense shall carry out the certification program required by subsection (c) of section 1701a of title 10, United States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this Act.
- (b) Elimination of statutory requirement for completion of 24 semester credit hours—
  - (1) Qualification requirements for contracting officers— Section 1724 of title 10, United States Code, is amended—
    - (A) in subsection (a)(3)—
      - (i) by striking “(A)” after “(3)”; and
      - (ii) by striking “, and (B)” and all that follows through “and management”;
    - (B) in subsection (b), by striking “requirements” in the first sentences of paragraphs (1) and (2) and inserting “requirement”;
    - (C) in subsection (e)—
      - (i) in paragraph (1)—
        - (I) by striking “requirements in subparagraphs (A) and (B) of subsection (a)(3)” and inserting “requirement of subsection (a)(3)”; and
        - (II) in subparagraph (C), by striking “requirements” and inserting “requirement”; and
      - (ii) in paragraph (2)—
        - (I) by striking “shall have—” and all that follows through “been awarded” and inserting “shall have been awarded”;
        - (II) by striking “; or” and inserting a period; and
        - (III) by striking subparagraph (B); and
    - (D) in subsection (f), by striking “, including—” and all that follows and inserting a period.
  - (2) Selection criteria and procedures— Section 1732 of such title is amended—
    - (A) in subsection (b)(1)—
      - (i) by striking “Such requirements,” and all the follows through “the person—” and inserting “Such requirements shall include a requirement that the person—”;
      - (ii) by striking subparagraph (B); and
      - (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and conforming the margins accordingly;
    - (B) in subsection (c), by striking “requirements of subsections (b)(1)(A) and (b)(1)(B)” in paragraphs (1) and (2) and inserting “requirement of subsection (b)(1)”; and
    - (C) in subsection (d)—
      - (i) by striking “(1) Except as provided in paragraph (2),”; and
      - (ii) by striking paragraph (2).
- (c) Defense Acquisition University curriculum development— Section 1746(c) of title 10, United States Code, is amended by inserting “, and with commercial providers of training,” after “military departments”.
- (d) Career paths—
  - (1) Career path required for each acquisition workforce career field— Paragraph (4) of section 1701a(b) of title 10, United States Code, is amended to read as follows:
    - “(4) develop and implement a career path, as described in section 1722(a) of this title, for each career field designated by the Secretary under section 1721(a) of this title as an acquisition workforce career field;”
  - (2) Conforming amendments— Section 1722(a) of such title is amended—
    - (A) by striking “appropriate career paths” and inserting “an appropriate career path”; and
    - (B) by striking “are identified” and inserting “is identified for each acquisition workforce career field”.
  - (3) Deadline for implementation of career paths— The Secretary of Defense shall carry out the requirements of paragraph (4) of section 1701a(b) of title 10, United States Code (as amended by paragraph (1)), not later than the end of the two-year period beginning on the date of the enactment of this Act.
- (e) Career fields—
  - (1) Designation of acquisition workforce career fields— Section 1721(a) of such title is amended by adding at the end the following new sentence: “The Secretary shall also designate in regulations those career fields in the Department of Defense that are acquisition workforce career fields for purposes of this chapter.”.
  - (2) Clerical amendments—
    - (A) The heading of such section is amended to read as follows:
      - “1721. Designation of acquisition positions and acquisition workforce career fields”
    - (B) The item relating to such section in the table of sections at the beginning of subchapter II of chapter 87 of such title is amended to read as follows:
  - (3)
    - (A) The heading of subchapter II of chapter 87 of such title is amended to read as follows:
    - (B) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
  - (4) Deadline for designation of career fields— The Secretary of Defense shall carry out the requirements of second sentence of section 1721(a) of title 10, United States Code (as added by paragraph (1)), not later than the end of the six-month period beginning on the date of the enactment of this Act.
- (f) Key work experiences—
  - (1) Development of key work experiences for each acquisition workforce career field— Section 1722b of such title is amended by adding at the end the following new subsection:
    - “(c) Key work experiences—In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidiscipline training, are developed for each acquisition workforce career field.”
  - (2) Plan for implementation of key work experiences— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan identifying the specific actions the Department of Defense has taken, and is planning to take, to develop and establish key work experiences for each acquisition workforce career field as required by subsection (c) of section 1722b of title 10, United States Code, as added by paragraph (1). The plan shall include specification of the percentage of the acquisition workforce, or funds available for administration of the acquisition workforce on an annual basis, that the Secretary will dedicate towards developing such key work experiences.
- (g) Applicability of career path requirements to all members of acquisition workforce— Section 1723(b) of such title is amended by striking “the critical acquisition-related”.
- (h) Competency development—
  - (1) In general—
    - (A) Subchapter V of chapter 87 of such title is amended by adding at the end the following new section:
      - “1765. Competency development
      - <del>“(a) In general—For </del><ins>“For </ins>each acquisition workforce career field, the Secretary of Defense shall establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification <del>assessments.</del><ins>assessments.”</ins>
      - <del>“(b) Negotiations—Any action taken by the Secretary under this section, or to implement this section, shall not be subject to the requirements of chapter 71 of title 5.”</del>
  - (B) [was (9)(2)(3)] The table of sections at the beginning of such subchapter II is amended by adding at the end the following new item:
  - (2) [was (9)(3)] Deadline for implementation— The Secretary of Defense shall carry out the requirements of section 1765 of title 10, United States Code (as added by paragraph (1)), not later than the end of the two-year period beginning on the date of the enactment of this Act.
- (i) Termination of defense Acquisition Corps—
  - (1) The Acquisition Corps for the Department of Defense referred to in section 1731(a) of title 10, United States Code, is terminated.
  - (2) Section 1733 of title 10, United States Code, is amended—
    - (A) by striking subsection (a); and
    - (B) by redesignating subsection (b) as subsection (a).
  - (3) Subsection (b) of section 1731 of such title is transferred to the end of section 1733 of such title, as amended by paragraph (2), and amended—
    - (A) by striking “Acquisition Corps” in the heading and inserting “the Acquisition Workforce”; and
    - (B) by striking “selected for the Acquisition Corps” and inserting “in the acquisition workforce”.
  - (4) Subsection (e) of section 1732 of such title is transferred to the end of section 1733 of such title, as amended by paragraphs (2) and (3), redesignated as subsection (c), and amended—
    - (A) by striking “in the Acquisition Corps” in paragraphs (1) and (2) and inserting “in critical acquisition positions”; and
    - (B) by striking “serving in the Corps” in paragraph (2) and inserting “employment”.
  - (5) Sections 1731 and 1732 of such title are repealed.
  - (6)
    - (A) Section 1733 of such title, as amended by paragraphs (2), (3), and (4), is redesignated as section 1731.
    - (B) The table of sections at the beginning of subchapter III of chapter 87 of such title is amended by striking the items relating to sections 1731, 1732, and 1733 and inserting the following new item:
  - (7)
    - (A) The heading of subchapter III of chapter 87 of such title is amended to read as follows:
    - (B) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
  - (8) Section 1723(a)(2) of such title is amended by striking “section 1733 of this title” and inserting “section 1731 of this title”.
  - (9) Section 1725 of such title is amended—
    - (A) in subsection (a)(1), by striking “Defense Acquisition Corps” and inserting “acquisition workforce”; and
    - (B) in subsection (d)(2), by striking “of the Defense Acquisition Corps” and inserting “in the acquisition workforce serving in critical acquisition positions”.
  - (10) Section 1734 of such title is amended—
    - (A) by striking “of the Acquisition Corps” in subsections (e)(1) and (h) and inserting “of the acquisition workforce”; and
    - (B) in subsection (g)—
      - (i) by striking “of the Acquisition Corps” in the first sentence and inserting “of the acquisition workforce”;
      - (ii) by striking “of the Corps” and inserting “of the acquisition workforce”; and
      - (iii) by striking “of the Acquisition Corps” in the second sentence and inserting “of the acquisition workforce in critical acquisition positions”.
  - (11) Section 1737 of such title is amended—
    - (A) in subsection (a)(1), by striking “of the Acquisition Corps” and inserting “of the acquisition workforce”; and
    - (B) in subsection (b), by striking “of the Corps” and inserting “of the acquisition workforce”.
  - (12) Section 1742(a)(1) of such title is amended by striking “the Acquisition Corps” and inserting “acquisition positions in the Department of Defense”.
  - (13) Section 2228(a)(4) of such title is amended by striking “under section 1733(b)(1)(C) of this title” and inserting “under section 1731 of this title”.
  - (14) Section 7016(b)(5)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”.
  - (15) Section 8016(b)(4)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”.
  - (16) Section 9016(b)(4)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”.
  - (17) Paragraph (1) of section 317 of title 37, United States Code, is amended to read as follows:
    - “(1) is a member of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.”
- (j) Designation of foreign military sales as acquisition position— Section 1721(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
  - “(13) Foreign military sales.”

## Sec. 851 Supply chain security of certain telecommunications and video surveillance services or equipment

- (a) Assessment— The Secretary of Defense, in consultation with the Federal Acquisition Security Council (established under section 1322 of title 41, United States Code) and the Director of the Office of Management and Budget, shall conduct a comprehensive assessment of—
  - (1) Department of Defense policies relating to covered equipment and services;
  - (2) covered equipment and services acquired or to be acquired for the Department; and
  - (3) systems of covered contractors to ensure the security of the supply chains of such covered contractor.
- (b) Purpose— The assessment described in subsection (a) shall include—
  - (1) an identification of instances in which the Federal Acquisition Security Council has identified supply chain risks (as defined in section 4713(k) of title 41, United States Code) that are specific to the defense industrial base and other threat assessments related to the procurement of covered articles (as defined in such section);
  - (2) an identification of and suggestions for guidance on the process of debarment and suspension (including debarment and suspension for nonprocurement programs and activities) of covered contractors to address supply chain risks relating to acquisitions for the Department of Defense, including acquisitions involving other executive agencies; and
  - (3) an identification of steps that could be taken to address situations identified under paragraphs (1) and (2) through the Interagency Suspension and Debarment Committee established under Executive Order <ins>No. </ins>12549 (51 Fed. Reg. 6370).
- (c) Actions following assessment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall, based on the results of the assessment required by subsection (a)—
  - (1) issue or revise guidance to ensure any entity within the Department of Defense that procures covered equipment and services implements a risk-based approach with respect to such a procurement that addresses—
    - (A) requirements for training personnel;
    - (B) the process for making sourcing decisions;
    - (C) with respect to a procurement of telecommunications equipment or video surveillance equipment, assurances relating to the traceability of parts of such equipment;
    - (D) the process for reporting suspect covered equipment and services; and
    - (E) corrective actions for the acquisition of suspect covered equipment and services (including actions to recover costs as described in subsection (d)(2));
  - (2) issue or revise guidance to ensure that remedial actions, including debarment or suspension, are taken with respect to a covered contractor who has failed to detect and avoid suspect covered equipment and services or otherwise failed to exercise due diligence in the detection and avoidance of such suspect covered equipment and services;
  - (3) establish a process for ensuring that a Department of Defense employee provide a written report to the appropriate Government authorities and the Government-Industry Data Exchange Program (or a similar program designated by the Secretary) not later than 60 days after such an employee becomes aware, or has reason to suspect that—
    - (A) any end item, component, part, or material contained in supplies purchased by or for the Department contains suspect covered equipment and services; or
    - (B) a covered contractor has provided suspect covered equipment and services; and
  - (4) establish a process for analyzing, assessing, and acting on reports of suspect covered equipment and services that are submitted in accordance with paragraph (3).
- (d) Regulations—
  - (1) In general— Not later than 270 days after the date of the enactment of this Act, the Secretary shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to address the detection and avoidance of suspect covered equipment and services.
  - (2) Contractor responsibilities— The revised regulations issued pursuant to paragraph (1) shall provide that—
    - (A) covered contractors who supply covered equipment or services are responsible for detecting and avoiding the use or inclusion of suspect covered equipment or services and for any contract modification or corrective action that may be required to remedy the use or inclusion of such suspect covered equipment or services; and
    - (B) the cost of suspect covered equipment or services and the cost of contract modification or corrective action that may be required to remedy the use or inclusion of such suspect covered equipment or services are not allowable costs under defense contracts, unless—
      - (i) the covered contractor has an operational system to detect and avoid suspect covered equipment or services that has been reviewed and approved by the Secretary pursuant to subsection (e)(2)(B);
      - (ii) suspect covered equipment or services were provided to the covered contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation or were obtained by the covered contractor in accordance with regulations described in paragraph (3); and
      - (iii) the covered contractor discovers the suspect covered equipment or services and provides timely notice to the Government pursuant to paragraph (4).
  - (3) Requirements for suppliers— The revised regulations issued pursuant to paragraph (1) shall—
    - (A) require that covered contractors obtain covered equipment or services—
      - (i) from the original manufacturers of the equipment or their authorized dealers, or from suppliers that meet requirements of subparagraph (C) or (D) and, with respect to suppliers of telecommunications equipment or video surveillance equipment, that obtain such equipment exclusively from the original manufacturers of the parts of such equipment or their authorized dealers; and
      - (ii) that are not in production or currently available in stock from suppliers that meet requirements of subparagraph (C) or (D);
    - (B) establish requirements for notification of the Department, and for inspection, testing, and authentication of covered equipment and services that covered contractor obtains from an alternate supplier;
    - (C) establish qualification requirements, consistent with the requirements of section 2319 of title 10, United States Code, pursuant to which the Secretary may identify suppliers that have appropriate policies and procedures in place to detect and avoid suspect covered equipment and services; and
    - (D) authorize covered contractors to identify and use suppliers that meet qualification requirements, provided that—
      - (i) the standards and processes for identifying such suppliers comply with established industry standards; and
      - (ii) the selection of such suppliers is subject to review, audit, and approval by appropriate Department of Defense officials.
  - (4) Reporting requirement— The revised regulations issued pursuant to paragraph (1) shall require that any covered contractor provide a written report to the appropriate Government authorities and the Government-Industry Data Exchange Program (or a similar program designated by the Secretary) not later than 60 days after such covered contractor becomes aware, or has reason to suspect that—
    - (A) any end item, component, part, or material contained in supplies purchased by or for the Department contains suspect covered equipment and services; or
    - (B) a supplier of a covered contractor has provided suspect covered equipment and services.
- (e) Improvement of contractor systems for detection and avoidance of suspect covered equipment and services—
  - (1) In general— Not later than 270 days after the date of the enactment of this Act, the Secretary shall implement a program to enhance the detection and avoidance of the acquisition of suspect covered equipment and services by covered contractors.
  - (2) Elements— The program implemented pursuant to paragraph (1) shall—
    - (A) require covered contractors to establish policies and procedures to eliminate suspect covered equipment and services from the defense supply chain, which policies and procedures shall address—
      - (i) the training of personnel; and
      - (ii) with respect to a procurement of telecommunications equipment or video surveillance equipment, the inspection and testing of related materials and mechanisms to enable traceability of parts of such equipment; and
    - (B) establish processes for the review and approval of contractor systems for the detection and avoidance of the acquisition of suspect covered equipment and services by covered contractors, which processes shall be comparable to the processes established for contractor business systems under section 893 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4311; 10 U.S.C. 2302 note).
- (f) Rule of construction— Nothing in this section shall be construed to prohibit the Secretary from entering into a contract with a covered contractor to provide a service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements.
- (g) Report to Congress— Not later than 180 days after completing the assessment required under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the assessment and the actions taken following the assessment pursuant to subsection (c).
- (h) Definitions— In this section:
  - (1) Covered equipment and services— The term covered equipment and services means telecommunications equipment, telecommunications services, video surveillance equipment, and video surveillance services manufactured or controlled by an entity for which the principal place of business of such entity is located in foreign country that is an adversary of the United States, but does not include telecommunications equipment or video surveillance equipment (other than optical transmission components) that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
  - (2) Covered contractor— The term covered contractor means a contractor or subcontractor (at any tier) that supplies covered equipment and services to the Department of Defense.
  - (3) Executive agency— The term executive agency has the meaning given in section 133 of title 41, United States Code.
  - (4) Secretary— The term Secretary means the Secretary of Defense.
  - (5) Suspect covered equipment and services— The term suspect covered equipment and services means covered equipment and services that is from any source, or that is a covered article, subject to an exclusion order or removal order under section 1323(c) of title 41, United States Code.

## Sec. 852 Assured security against intrusion on United States military networks

- (a) Prohibition— Except as provided in <del>subsections (b) and (c), </del><ins>this section, </ins>the Secretary of Defense shall only award contracts for the procurement of telecommunications <ins>equipment and </ins>services <del>or the installation of telecommunications infrastructure on </del><ins>for </ins>national security installations <del>on </del><ins>in </ins>territories of the United States located in the Pacific Ocean to allowed contractors.
- (b) Exception— Subsection (a) shall not apply to contracts <ins>for </ins>the procurement of telecommunications <del>services or the installation of telecommunications infrastructure if such telecommunications </del><ins>equipment and </ins>services <del>or telecommunications infrastructure does not process or carry any information about the operations of the Armed Forces of the United States or otherwise concern the national security of the United States.</del><ins>that—</ins>
  - (1) <ins>do not process or carry any information about the operations of the Armed Forces of the United States or otherwise concern the national security of the United States; or</ins>
  - (2) <ins>cannot route or redirect user data traffic or permit visibility into any user data or packets that such services or facilities transmit or otherwise handle.</ins>
- (c) Waiver— The Secretary of Defense may waive the restriction of subsection (a) upon a written determination that such a waiver is in the national security interests of the United States and either—
  - (1) a contractor that is not an allowed contractor would not have the ability to track, record, listen, or otherwise access data or voice communications of the Department of Defense through the provision of the telecommunications <del>service; </del><ins>equipment or services; </ins>or
  - (2) a qualified allowed contractor is not available to perform the contract at a fair and reasonable price.
- (d) Definitions— In this section:
  - (1) Allowed contractor— The term <del>“allowed contractor” means—</del><ins>allowed contractor means an entity (including any affiliates or subsidiaries) that is a contractor or subcontractor (at any tier)—</ins>
    - (A) <del>an </del><ins>for which the principal place of business of such </ins>entity <del>that </del>is <del>100 percent owned by persons </del>located in the United States <ins>or in a foreign country </ins>that <del>has submitted </del><ins>is not </ins>an <del>offer for a contract let by the Department </del><ins>adversary </ins>of <del>Defense; or</del><ins>the United States; and</ins>
    - (B) <del>an </del><ins>that does not have significant connections, including ownership interests in, or joint ventures with, any </ins>entity <del>that—</del><ins>identified in paragraph (f)(3) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1918; 41 U.S.C. 3901 note).</ins>
      - (i) <del>is 100 percent owned by persons located in the United States or in a covered foreign country that has submitted an offer for a contract let by the Department of Defense; and</del>
      - (ii) <del>does not have significant connections, including major equipment purchases, ownership interests, or joint ventures, with any entity identified in subsection (f)(3) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232; 132 Stat. 1918; 41 U.S.C. 3901 note)</del>
  - (2) <del>Covered foreign country—</del><ins>National security installation—</ins> The term <del>“covered foreign country” means a foreign country the government of which permits allowed contractors to compete on a fair basis for contracts for the procurement of telecommunications services or the </del><ins>national security </ins>installation <del>of telecommunications infrastructure let </del><ins>means any facility operated </ins>by the <del>government </del><ins>Department </ins>of <del>such foreign country.</del><ins>Defense.</ins>
  - (3) <del>National security installation—</del> <del>The term “national security installation” means any facility operated by the Department of Defense.</del>
  - (4) <del>Telecommunications service—</del> <del>The term “telecommunications service” has the meaning given in section 3 of the Communications Act of 1934 (47 U.S.C. 153).</del>
  - (5) <del>Telecommunications infrastructure—</del> <del>The term “telecommunications infrastructure” means any wire or switching facilities used to provide telecommunications services.</del>

## Sec. 853 Revised authorities to defeat adversary efforts to compromise United States defense capabilities

- (a) Sense of congress— Congress finds that to comprehensively address the supply chain vulnerabilities of the Department of Defense, defense contractors must be incentivized to prioritize security in a manner which exceeds basic compliance with mitigation practices relating to cybersecurity risk and supply chain security standards. Defense contractors can no longer pass unknown risks on to the Department of Defense but should be provided with the tools to meet the needs of the Department with respect to cybersecurity risk and supply chain security. Incentives for defense contractors will help stimulate efforts within the defense industrial base to minimize vulnerabilities in hardware, software, and supply chain services. The Department of Defense must develop policies and regulations that move security from a cost that defense contractors seek to minimize to a key consideration in the award of contracts, equal in importance to cost, schedule, and <del>performance.</del><ins>performance. The Department of Defense must also develop policies to assist small- and medium-sized manufacturers that provide goods or services in the supply chain for the Department to adopt robust cybersecurity standards.</ins>
- (b) Inclusion of security as primary purpose for the department of defense acquisition—
  - (1) In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall the revise the statement of purpose in the Defense Federal Acquisition Regulation Supplement added by section 801(3) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449; U.S.C. 2302 note) to include the security of goods acquired by the Department of Defense as one of the primary objectives of Department of Defense acquisition. The Secretary shall revise applicable Department of Defense Instructions, regulations, and directives to implement the inclusion of security as a primary purpose of Department of Defense acquisition.
  - (2) Congressional notification— The Secretary shall submit to the congressional defense committees—
    - (A) not later than 60 days before issuing the revisions described in paragraph (1), the proposed revisions; and
    - (B) not later than 180 days after the date of the enactment of this Act, recommendations for legislative action to implement the revisions described in this subsection.
  - (3) <ins>Consultation—</ins> <ins>The Secretary of Defense shall consult with the Director of the Hollings Manufacturing Extension Partnership (established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k)) to provide education, guidance, and technical assistance to strengthen the cybersecurity of small- and medium-sized manufacturers that provide goods or services in the supply chain for the Department of Defense.</ins>
- (c) Certification of risk—
  - (1) In general— Before making a milestone decision with respect to a major defense acquisition program (as defined under section 2430 of title 10, United States Code), a major automated information system, or major system (as defined under section 2302d of title 10, United States Code), the vice chief of the Armed Force concerned shall issue a written assessment to the Vice Chief of the Joint Chiefs of Staff and the head of the Defense Acquisition Board stating the determination made by the vice chief of the armed force concerned of the risk to the supply chain associated with the procurement. Such assessment shall include—
    - (A) a description of actions taken to mitigate potential vulnerabilities associated with the procurement; and
    - (B) a certification from the Secretary of the military department concerned or the Vice Chief of the Joint Chief of Staff (as appropriate) that the procurement will not interfere with the operations of the military department conducting the procurement.
  - (2) Availability to the congressional defense committees— Upon request, the vice chief of the Armed Force concerned shall make available to the congressional defense committees a certification required under paragraph (1), along with the data on which such certification is based, not later than 15 days after the submission of a request.
- (d) Disputes relating to acquisitions decisions— The Under Secretary of Defense for Intelligence, the Vice Chairman of the Joint Chiefs of Staff, the Vice Chief of Staff of the Army, the Vice Chief of Naval Operations, the Vice Chief of Staff of the Air Force, and the Assistant Commandant of the Marine Corps shall each have the authority to submit to the Secretary of Defense a written statement of dispute relating to a decision made by the Defense Acquisition Board with respect to an acquisition. A dispute submitted under this subsection shall include any reason why the decision fails to effectively address concerns regarding the item to be acquired.

## Sec. 854 Prohibition on operation or procurement of foreign-made unmanned aircraft systems

- (a) Prohibition on agency operation or procurement— The Secretary of Defense may not operate or enter into or renew a contract for the procurement of—
  - (1) a covered unmanned aircraft system that—
    - (A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
    - (B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
    - (C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
    - (D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
  - (2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems.
- (b) <del>Exemption—</del><ins>Waiver—</ins> The Secretary of Defense <del>is exempt from </del><ins>may waive </ins>the restriction under subsection (a) <del>if the operation or procurement is for </del><ins>on a case by case basis by certifying in writing to </ins>the <del>purposes of—</del><ins>congressional defense committees that—</ins>
  - (1) <del>Counter-UAS surrogate testing and training; or</del><ins>the operation or procurement is required in the national interest of the United States;</ins>
  - (2) <ins>counter-UAS surrogate testing and training; or</ins>
  - (3) [was (3)(4)] intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.
- (c) <del>Waiver—</del> <del>The Secretary of Defense may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the congressional defense committees that the operation or procurement is required in the national interest of the United States.</del>
- (c) [was (5)] Definitions— In this section:
  - (1) [was (5)(3)] Covered foreign country— The term covered foreign country means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.
  - (2) [was (5)(4)] Covered unmanned aircraft system— The term covered unmanned aircraft system means an unmanned aircraft system and any related services and equipment.

## Sec. 861 Modifications to the defense acquisition system

- (a) Guidance, reports, and limitation on the availability of funds relating to covered defense business systems—
  - (1) Amendments to guidance for covered defense business systems— Section 2222(d) of title 10, United States Code, is amended—
    - (A) in the matter preceding paragraph (1), by striking “subsection (c)(1)” and inserting “subsection (c)”; and
    - (B) by adding at the end the following new paragraphs:
      - “(7) Policy to ensure a covered defense business system is in compliance with the Department’s auditability requirements.
      - “(8) Policy to ensure approvals required for the development of a covered defense business system.”
  - (2) Reports—
    - (A) Guidance— The Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) a report—
      - (i) not later than December 31, 2019, that includes the guidance required under paragraph (1) of section 2222(c) of title 10, United States Code; and
      - (ii) not later than March 31, 2020, that includes the guidance required under paragraph (2) of such section.
    - (B) Information technology enterprise architecture— Not later than December 31, 2019, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees the information technology enterprise architecture developed under section 2222(e)(4)(B) of title 10, United States Code, which shall include the plan for improving the information technology and computing infrastructure described in such section and a schedule for implementing the plan.
    - (C) Defense business enterprise architecture— Not later than March 31, 2020, the Chief Management Officer of the Department of Defense and the Chief Information Officer of the Department of Defense shall jointly submit to the congressional defense committees a plan and schedule for integrating the defense business enterprise architecture developed under subsection (e) of section 2222 of title 10, United States Code, into the information technology enterprise architecture, as required under paragraph (4)(A) of such subsection.
  - (3) Limitation—
    - (A) Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Office of the Secretary of Defense after December 31, 2019, until the date on which the Secretary of Defense submits the report required under subsection (b)(1)(A).
    - (B) Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Office of the Deputy Chief Management Officer, the Office of the Under Secretary of Defense for Acquisition and Sustainment, the Office of the Chief Information Officer, and the Office of the Chief Management Officer after March 31, 2020, until the date on which the Secretary of Defense submits the report required under subsection (b)(1)(B).
    - (C) Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Office of the Chief Information Officer after December 31, 2019, until the date on which the Secretary of Defense submits the report required under subsection (b)(2).
    - (D) Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Office of the Chief Management Officer and the Office of the Chief Information Officer after March 31, 2020, until the date on which the Secretary of Defense submits the report required under subsection (b)(3).
- (b) Pilot program on data rights as an evaluation factor—
  - (1) Pilot program— Not later than February 1, 2020, the Secretary of Defense and the Secretaries of the military departments shall jointly carry out a pilot program to assess mechanisms to evaluate intellectual property to include technical data deliverables, associated license rights, and commercially available intellectual property valuation analysis and techniques in major defense acquisition programs (as defined in section 2430 of title 10, United States Code) selected pursuant to subsection (b) to ensure—
    - (A) the development of cost-effective intellectual property strategies; and
    - (B) assessment and management of the value and costs of intellectual property during acquisition and sustainment activities throughout the life cycle of a weapon system for each selected major defense acquisition program.
  - (2) Selection of major defense acquisition programs— Each Secretary of a military department shall select one major defense acquisition program for which such Secretary has responsibility to include in the pilot program established under subsection (a).
  - (3) Cadre of Intellectual Property Experts— At Milestone A and Milestone B for each major defense acquisition program selected pursuant to subsection (b), the cadre of intellectual property experts established under section 2322(b) of title 10, United States Code, shall identify, to the maximum extent practicable, intellectual property evaluation techniques to obtain quantitative and qualitative analysis related to the value of intellectual property rights during the procurement, production, deployment, operations, and support phases of the acquisition of each such major defense acquisition program.
  - (4) Activities— The pilot program established under this section shall include the following:
    - (A) Assessment of commercial valuation techniques for intellectual property rights for use by the Department of Defense.
    - (B) Assessment of feasibility of oversight by the Secretary of Defense to standardize practices and procedures.
    - (C) Assessment of contracting mechanisms to increase the speed of delivery of intellectual property to the Armed Forces or to reduce sustainment costs.
    - (D) Assessment of acquisition planning necessary to ensure procurement of intellectual property deliverables and intellectual property rights necessary for Government-planned sustainment activities.
    - (E) Engagement with private-sector entities to—
      - (i) support the development of strategies and program requirements to aid in acquisition and transition planning for intellectual property;
      - (ii) support the development and improvement of intellectual property strategies as part of life-cycle sustainment plans and valuation techniques for the costs of intellectual property rights as part of life-cycle costs; and
      - (iii) propose and implement alternative and innovative methods of intellectual property valuation, prioritization, and evaluation techniques for intellectual property.
    - (F) Recommendations to the program manager for a major defense acquisition program selected pursuant to subsection (b) such evaluation techniques and contracting mechanisms for implementation into the acquisition and sustainment activities of that major defense acquisition program.
  - (5) Assessment— Not later than February 1, 2021, and annually thereafter until the termination date of the pilot program, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program established under subsection (a). The report shall include—
    - (A) a description of the major defense acquisition programs selected pursuant to subsection (b);
    - (B) a description of the specific activities in subsection (d) that were performed with respect to each major defense acquisition program selected pursuant to subsection (b);
    - (C) an assessment of the effectiveness of such activities;
    - (D) an assessment of improvements to acquisition or sustainment activities related to the pilot program; and
    - (E) an assessment of cost savings from the activities related to the pilot program, including any improvement to mission success during the operations and support phase of a major defense acquisition program selected pursuant to subsection (b).
  - (6) Termination— The authority to carry out the pilot program under this section shall expire on September 30, 2026.
- (c) Report and limitation on availability of funds relating to modular open system approach for major defense acquisition programs—
  - (1) Study guidance for analyses of alternatives for major defense acquisition programs—
    - (A) Report— Not later than December 31, 2019, the Secretary of Defense, acting through the Director of Cost Assessment and Performance Evaluation, shall submit to the congressional defense committees a report that includes the study guidance required under section 2446b(b) of title 10, United States Code.
    - (B) Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Office of the Director of Cost Assessment and Performance Evaluation after December 31, 2019, until the date on which the Secretary of Defense submits the report required under paragraph (1).
  - (2) Policy relating to availability of major system interfaces and support for modular open system approach—
    - (A) In general— Section 2446c of title 10, United States Code, is amended—
      - (i) in the matter preceding paragraph (1), by striking “shall—” and inserting “develop policy on the support for the acquisition for modular open system approaches. This policy shall—”; and
      - (ii) in subsection (a)(1), as so designated, by striking “coordinate” and inserting “ensure coordination”.
    - (B) Report— Not later than December 31, 2019, the Secretary of each military department shall submit to the congressional defense committees a report that includes the policy required under section 2446c of title 10, United States Code, as amended by paragraph (1).
    - (C) Limitation— Beginning on January 1, 2020, if any report required under paragraph (2) has not been submitted to the congressional defense committees, not more than 75 percent of the funds specified in paragraph (4) may be obligated or expended until the date on which all of the reports required under paragraph (2) have been submitted.
    - (D) Funds specified— The funds specified in this paragraph are funds made available for fiscal year 2020 for the Department of Defense for any of the Offices of the Secretaries of the military departments that remain unobligated as of January 1, 2020.
- (d) Report on intellectual property policy and the cadre of intellectual property experts—
  - (1) In general— Section 802 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1450) is amended by adding at the end the following new subsection:
    - “(c) Report—Not later than October 1, 2019, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes—
    - “(1) the policy required in subsection (a) of section 2322 of title 10, United States Code;
    - “(2) an identification of each member of the cadre of intellectual property experts required in subsection (b) of such section and the office to which such member; and
    - “(3) a description of the leadership structure and the office that will manage the cadre of intellectual property experts.”
  - (2) Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Defense Acquisition Workforce Development Fund until the date on which the Secretary of Defense submits the report required under subsection (c) of section 802 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1450), as added by this section.
- (e) Limitation on availability of funds for the Office of the Chief Management Officer of the Department of Defense— Of the funds authorized to be appropriated or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Office of the Chief Management Officer until the date on which the Chief Management Officer submits to the congressional defense committees—
  - (1) the certification of cost savings described in subparagraph (A) of section 921(b)(5) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2222 note); or
  - (2) the notice and justification described in subparagraph (B) of such section.
- (f) Report and limitation on the availability of funds relating to the “middle tier” of acquisition programs—
  - (1) Report— Not later than December 15, 2019, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes the guidance required under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). The Under Secretary of Defense for Acquisition and Sustainment will ensure such guidance includes the business case elements required by an acquisition program established pursuant to such guidance and the metrics required to assess the performance of such a program.
  - (2) Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for an acquisition program established pursuant to the guidance required under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) after December 15, 2019, and no such acquisition program may be conducted under the authority provided by such section after December 15, 2019, until the Under Secretary of Defense for Acquisition and Sustainment submits the report required under subsection (a).
- (g) Defense acquisition workforce certification and education requirements—
  - (1) Professional certification requirement—
    - (A) Professional certification required for all acquisition workforce personnel— Section 1701a of title 10, United States Code, is amended—
      - (i) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
      - (ii) by inserting after subsection (b) the following new subsection (c):
        - “(c) Professional certification
        - “(1) The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any acquisition workforce career field shall be based on standards under a third-party accredited program based on nationally or internationally recognized standards.
        - “(2) If the Secretary determines that, for a particular acquisition workforce career field, a third-party accredited program based on nationally or internationally recognized standards does not exist, the Secretary shall establish the certification requirement for that career field that conforms with the practices of national or international accrediting bodies. The certification requirement for any such career field shall be implemented using the best approach determined by the Secretary for meeting the certification requirement for that career field, including implementation through entities outside the Department of Defense and may be designed and implemented without regard to section 1746 of this title.”
    - (B) Performance management— Subsection (b) of such section is amended—
      - (i) in paragraph (5), by striking “encourage” and inserting “direct”; and
      - (ii) in paragraph (6), by inserting “and consequences” after “warnings”.
    - (C) Participation in professional associations— Subsection (b) of such section is further amended—
      - (i) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and
      - (ii) by inserting after paragraph (5) the following new paragraph (6):
        - “(6) authorize members of the acquisition workforce to participate in professional associations, consistent with their individual performance plans, linked to both professional development and opportunities to gain leadership and management skills;”
    - (D) General education, training, and experience requirements— Section 1723 of such title is amended—
      - (i) in subsection (a)(3), by striking the second sentence; and
      - (ii) in subsection (b)(1), by striking “encourage” and inserting “require”.
    - (E) Effective date— The Secretary of Defense shall implement procedures to institute the program required by subsection (c) of section 1701a of title 10, United States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this Act.
  - (2) Elimination of statutory requirement for completion of 24 semester credit hours—
    - (A) Qualification requirements for contracting positions— Section 1724 of title 10, United States Code, is amended—
      - (i) in subsection (a)(3)—
        - (I) by striking “(A)” after “(3)”; and
        - (II) by striking “, and (B)” and all that follows through “and management”; and
      - (ii) in subsection (b), by striking “requirements” in the first sentences of paragraphs (1) and (2) and inserting “requirement”;
      - (iii) in subsection (e)(2)—
        - (I) by striking “shall have—” and all that follows through “been awarded” and inserting “shall have been awarded”;
        - (II) by striking “; or” and inserting a period; and
        - (III) by striking subparagraph (B); and
      - (iv) in subsection (f), by striking “, including—” and all that follows and inserting a period.
    - (B) Selection criteria and procedures— Section 1732 of such title is amended—
      - (i) in subsection (b)(1)—
        - (I) by striking “Such requirements,” and all the follows through “the person—” and inserting “Such requirements shall include a requirement that the person—”;
        - (II) by striking subparagraph (B); and
        - (III) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and realigning those subparagraphs so as to be 4 ems from the margin; and
      - (ii) in subsection (c), by striking “requirements of subsections (b)(1)(A) and (b)(1)(B)” in paragraphs (1) and (2) and inserting “requirement of subsection (b)(1)”.
  - (3) Defense Acquisition University— Section 1746 of title 10, United States Code, is amended—
    - (A) in subsection (b)(1), by adding at the end the following new sentence: “At least 25 percent of such civilian instructors shall be visiting professors from civilian colleges or universities.”; and
    - (B) in subsection (c), by inserting “, and with commercial training providers,” after “military departments”.
- (h) Enhancing defense acquisition workforce career fields—
  - (1) Career paths—
    - (A) Career path required for each acquisition workforce career field— Paragraph (4) of section 1701a(b) of title 10, United States Code, is amended to read as follows:
      - “(4) develop and implement a career path, as described in section 1722(a) of this title, for each career field designated by the Secretary under section 1721(a) of this title as an acquisition workforce career field;”
    - (B) Conforming amendments— Section 1722(a) of such title is amended—
      - (i) by striking “appropriate career paths” and inserting “an appropriate career path”; and
      - (ii) by striking “are identified” and inserting “is identified for each acquisition workforce career field”.
    - (C) Deadline for implementation of career paths— The implementation of a career path for each acquisition workforce career field required by paragraph (4) of section 1701a(b) of title 10, United States Code (as amended by paragraph (1)), shall be completed by the Secretary of Defense not later than the end of the two-year period beginning on the date of the enactment of this Act.
  - (2) Career fields—
    - (A) Designation of acquisition workforce career fields— Section 1721(a) of such title is amended by adding at the end the following new sentence: “The Secretary shall also designate in regulations those career fields in the Department of Defense that are acquisition workforce career fields for purposes of this chapter.”.
    - (B) Clerical amendments—
      - (i) The heading of such section is amended to read as follows:
        - “1721. Designation of acquisition positions and acquisition workforce career fields”
      - (ii) The item relating to such section in the table of sections at the beginning of subchapter II of chapter 87 of such title is amended to read as follows:
    - (C)
      - (i) The heading of subchapter II of chapter 87 of such title is amended to read as follows:
      - (ii) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
    - (D) Deadline for designation of career fields— The designation of acquisition workforce career fields required by the second sentence of section 1721(a) of title 10, United States Code (as added by paragraph (1)), shall be made by the Secretary of Defense not later than the end of the six-month period beginning on the date of the enactment of this Act.
  - (3) Key work experiences—
    - (A) Development of key work experiences for each acquisition workforce career field— Section 1722b of such title is amended by adding at the end the following new subsection:
      - “(c) Key work experiences—In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidiscipline training, are developed for each acquisition workforce career field.”
    - (B) Plan for implementation of key work experiences— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan identifying the specific actions the Department of Defense has taken, and is planning to take, to develop and establish key work experiences for each acquisition workforce career field as required by subsection (c) of section 1722b of title 10, United States Code, as added by paragraph (1). The plan shall include specification of the percentage of the acquisition workforce, or funds available for administration of the acquisition workforce on an annual basis, that the Secretary will dedicate towards developing such key work experiences.
  - (4) Applicability of career path requirements to all members of acquisition workforce— Section 1723(b) of such title is amended by striking “the critical acquisition-related”.
  - (5) Competency development—
    - (A) In general—
      - (i) Subchapter V of chapter 87 of such title is amended by adding at the end the following new section:
        - “1765. Competency development
        - <del>“(a) In general—For </del><ins>“For </ins>each acquisition workforce career field, the Secretary of Defense shall establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification <del>assessments.</del><ins>assessments.”</ins>
        - <del>“(b) Negotiations—Any action taken by the Secretary under this section, or to implement this section, shall not be subject to the requirements of chapter 71 of title 5.”</del>
    - (ii) [was (9)(6)(2)(3)] The table of sections at the beginning of such subchapter II is amended by adding at the end the following new item:
    - (B) [was (9)(6)(3)] Deadline for implementation— The establishment of defined proficiency standards and technical and nontechnical competencies required by section 1765 of title 10, United States Code (as added by paragraph (1)), shall be made by the Secretary of Defense not later than the end of the two-year period beginning on the date of the enactment of this Act.
  - (6) Termination of defense acquisition corps—
    - (A) The Acquisition Corps for the Department of Defense referred to in section 1731(a) of title 10, United States Code, is terminated.
    - (B) Section 1733 of title 10, United States Code, is amended—
      - (i) by striking subsection (a); and
      - (ii) by redesignating subsection (b) as subsection (a).
    - (C) Subsection (b) of section 1731 of such title is transferred to the end of section 1733 of such title, as amended by paragraph (2), and amended—
      - (i) by striking “Acquisition Corps” in the heading and inserting “the Acquisition Workforce”; and
      - (ii) by striking “selected for the Acquisition Corps” and inserting “in the acquisition workforce”.
    - (D) Subsection (e) of section 1732 of such title is transferred to the end of section 1733 of such title, as amended by paragraphs (2) and (3), redesignated as subsection (c), and amended—
      - (i) by striking “in the Acquisition Corps” in paragraphs (1) and (2) and inserting “in critical acquisition positions”; and
      - (ii) by striking “serving in the Corps” in paragraph (2) and inserting “employment”.
    - (E) Sections 1731 and 1732 of such title are repealed.
    - (F)
      - (i) Section 1733 of such title, as amended by paragraphs (2), (3), and (4), is redesignated as section 1731.
      - (ii) The table of sections at the beginning of subchapter III of chapter 87 of such title is amended by striking the items relating to sections 1731, 1732, and 1733 and inserting the following new item:
    - (G)
      - (i) The heading of subchapter III of chapter 87 of such title is amended to read as follows:
      - (ii) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
    - (H) Section 1723(a)(2) of such title is amended by striking “section 1733 of this title” and inserting “section 1731 of this title”.
    - (I) Section 1725 of such title is amended—
      - (i) in subsection (a)(1), by striking “Defense Acquisition Corps” and inserting “acquisition workforce”; and
      - (ii) in subsection (d)(2), by striking “of the Defense Acquisition Corps” and inserting “in the acquisition workforce serving in critical acquisition positions”.
    - (J) Section 1734 of such title is amended—
      - (i) by striking “of the Acquisition Corps” in subsections (e)(1) and (h) and inserting “of the acquisition workforce”; and
      - (ii) in subsection (g)—
        - (I) by striking “of the Acquisition Corps” in the first sentence and inserting “of the acquisition workforce”;
        - (II) by striking “of the Corps” and inserting “of the acquisition workforce”; and
        - (III) by striking “of the Acquisition Corps” in the second sentence and inserting “of the acquisition workforce in critical acquisition positions”.
    - (K) Section 1737 of such title is amended—
      - (i) in subsection (a)(1), by striking “of the Acquisition Corps” and inserting “of the acquisition workforce”; and
      - (ii) in subsection (b), by striking “of the Corps” and inserting “of the acquisition workforce”.
    - (L) Section 1742(a)(1) of such title is amended by striking “the Acquisition Corps” and inserting “acquisition positions in the Department of Defense”.
    - (M) Section 2228(a)(4) of such title is amended by striking “under section 1733(b)(1)(C) of this title” and inserting “under section 1731 of this title”.
    - (N) Section 7016(b)(5)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”.
    - (O) Section 8016(b)(4)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”.
    - (P) Section 9016(b)(4)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”.
    - (Q) Paragraph (1) of section 317 of title 37, United States Code, is amended to read as follows:
      - “(1) is a member of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.”
- (i) Establishment of Defense Civilian Acquisition Training Corps—
  - (1) In general— Part III of subtitle A of title 10, United States Code, is amended by inserting after chapter 112 the following new chapter:
    - “113 Defense Civilian Acquisition Training Corps
    - “2200n. Establishment
    - “For the purposes of preparing selected students for public service in Department of Defense occupations relating to acquisition, science, and engineering, the Secretary of Defense shall establish and maintain a Defense Civilian Acquisition Training Corps program, organized into one or more units, at civilian institutions of higher education offering a program leading to a baccalaureate degree.
    - “2200o. Program elements
    - “In establishing the program, the Secretary of Defense shall determine the following:
    - “(1) Criteria for an institution of higher education to participate in the program.
    - “(2) The eligibility of a student to join the program.
    - “(3) Criteria required for a member of the program to receive financial assistance.
    - “(4) The term of service required for a member of the program to receive financial assistance.
    - “(5) Criteria required for a member of the program to be released from a term of service.
    - “(6) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense.
    - “(7) Resources required for implementation of the program.
    - “(8) A methodology to identify and target critical skills gaps in Department of Defense occupations relating to acquisition, science, and engineering.
    - “(9) A mechanism to track the success of the program in eliminating the identified critical skills gap.
    - “2200p. Model authorities
    - “In making determinations under section 2200o of this title, the Secretary of Defense shall use the authorities under chapters 103 and 111 of this title as guides.
    - “2200q. Definitions
    - “In this chapter:
    - “(1) The term program means the Defense Civilian Acquisition Training Corps of the Department of Defense.
    - “(2) The term member of the program means a student at an institution of higher learning who is enrolled in the program.
    - “(3) The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”
  - (2) Implementation timeline—
    - (A) Initial implementation— Not later than December 31, 2019, the Secretary of Defense shall submit to the congressional defense committees a plan and schedule that implements the program at one institution of higher learning not later than August 1, 2020. The plan shall include recommendations regarding any legislative changes required for effective implementation of the program.
    - (B) Expansion— Not later than December 31, 2020, the Secretary of Defense shall submit to the congressional defense committees an expansion plan and schedule to expand the program to five locations not later than by August 1, 2021.
    - (C) Full implementation— Not later than December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a full implementation plan and schedule to expand the program to at least 20 locations with not fewer than 400 members in the program not later than August 1, 2022.
- (j) Clarifying the roles and responsibilities of the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering— The laws of the United States are amended as follows:
  - (1) Section 129a(c)(3) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (2) Section 133a(b)(2) of title 10, United States Code, is amended by striking “, including the allocation of resources for defense research and engineering,”.
  - (3) Section 134(c) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics,” and inserting “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”.
  - (4) Section 139(b) of title 10, United States Code, is amended in the matter preceding paragraph (1) by striking “and the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering”.
  - (5) Section 139(b)(2) of title 10, United States Code, is amended by striking “and the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering,”.
  - (6) Section 139 of title 10, United States Code, is amended in subsections (c) through (h) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (7) Section 139a(d)(6) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”.
  - (8) Section 171(a) of title 10, United States Code, is amended—
    - (A) in paragraph (3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) by inserting after paragraph (3) the following new paragraph:
      - “(4) the Under Secretary of Defense for Research and Engineering;”
    - (C) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively.
  - (9) Section 171a of title 10, United States Code, is amended—
    - (A) in subsection (b)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) by inserting after subsection (b)(2) the following new paragraph:
      - “(3) the Under Secretary of Defense for Research and Engineering;”
    - (C) in subsection (b), by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and
    - (D) in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (10) Subsection (d)(1) of section 181 of title 10, United States Code, is amended—
    - (A) in subparagraph (C), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) by inserting after subparagraph (C) the following new subparagraph:
      - “(D) the Under Secretary of Defense for Research and Engineering.”
    - (C) by redesignating paragraphs (D) through (G) as paragraphs (E) through (H), respectively.
  - (11) Subsection (b)(2) of section 393 of title 10, United States Code, is amended—
    - (A) in subparagraph (B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) by inserting after subparagraph (B) the following new subparagraph:
      - “(C) the Under Secretary of Defense for Research and Engineering.”
    - (C) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F).
  - (12) Section 1111 of the National Defense Authorization Act for Fiscal Year 2016 (Public law 114–92; 129 Stat. 1032; 10 U.S.C. 1701 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (13) Section 231(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (14) Section 1702 of title 10, United States Code, is amended—
    - (A) in the heading, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) in the section text, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (15) Section 807(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2608; 10 U.S.C. 1702 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (16) Section 1705 of title 10, United Stats Code, is amended—
    - (A) in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) in subsection (e)(3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (C) in subsection (g)(2)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (17) Section 803(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1825; 10 U.S.C. 1705 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (18) Section 1722 of title 10, United States Code, is amended—
    - (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in subsection (b)(2)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (19) Section 1722a of title 10, United States Code, is amended—
    - (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in subsection (e), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (20) Section 1722b(a) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (21) Section 1723 of title 10, United States Code, is amended—
    - (A) in subsection (a)(3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in subsection (b), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (22) Section 1725(e)(2) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (23) Section 1735(c)(1) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (24) Section 1737(c) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (25) Section 1741(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (26) Section 1746(a) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (27) Section 1748 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (28) Section 2222 of title 10, United States Code, is amended—
    - (A) in subsection (c)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in subsection (f)(2)(B)(i), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (29) Section 217(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 770; 10 U.S.C. 2222 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (30) Section 882(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 128 Stat. 4308; 10 U.S.C. 2222 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (31) Section 2272 of title 10, United States Code, is amended by striking “Assistant Secretary of Defense for Research and Engineering” and inserting “Under Secretary of Defense for Research and Engineering”.
  - (32) Section 2275(a) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.
  - (33) Section 2279(d) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (34) Section 2279b of title 10, United States Code, is amended—
    - (A) in subsection (b)—
      - (i) in paragraph (2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
      - (ii) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and
      - (iii) by inserting after paragraph (2) the following new paragraph:
        - “(3) the Under Secretary of Defense for Research and Engineering.”
    - (B) in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (35) Section 898(a)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2000; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (36) Section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (37) Section 852 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 130 Stat. 3458; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (38) Section 806 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1487; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (39) Section 843 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1487; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (40) Section 254(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4402; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (41) Section 802(d) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2004; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (42) Section 244 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2498; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (43) Section 804(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2605; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (44) Section 2304 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (45) Section 895 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 954; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (46) Section 806(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4260; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (47) Section 821(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 226; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (48) Section 801(b)(2)(B) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 204; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (49) Section 817(e) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (50) Section 811(e)(1) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (51) Section 875 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2310; 10 U.S.C. 2305 note) is amended—
    - (A) in subsection (b)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (C) in subsection (d), by striking “The Under Secretary for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Research and Engineering”; and
    - (D) in subsection (e) through (f), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (52) Section 888(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2322; 10 U.S.C. 2305 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (53) Section 829(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2281; 10 U.S.C. 2306 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (54) Section 2306b(i)(7) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (55) Section 2311(c) of title 10, United States Code, is amended—
    - (A) in paragraph (1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in paragraph (2)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (56) Section 824(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4269; 10 U.S.C. 2320 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (57) Section 2326(g) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (58) Section 2330 of title 10, United States Code, is amended—
    - (A) in subsection (a)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) in subsection (a)(3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (C) in subsection (b)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (D) in subsection (b)(3)(A), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (59) Section 882 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 942; 10 U.S.C. 2330 note) is amended in the matter preceding paragraph (1) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (60) Section 801(b)(2)(B) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1176; 10 U.S.C. 2330 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (61) Section 2334 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (62) Section 2350a(b)(2) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Assistant Secretary of Defense for Research and Engineering” and inserting “Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering”.
  - (63) Section 2359(b)(1) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.
  - (64) Section 2359b of title 10, United States Code, is amended—
    - (A) in subsection (a)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”; and
    - (B) in subsection (l)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.
  - (65) Section 2365 of title 10, United States Code, is amended—
    - (A) by striking “Assistant Secretary” each place it appears and inserting “Under Secretary”; and
    - (B) in subsection (d), by striking paragraph (3).
  - (66) Section 2375 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (67) Section 874(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2310; 10 U.S.C. 2375 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (68) Section 876 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2311; 10 U.S.C. 2377 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (69) Section 855 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 919; 10 U.S.C. 2377 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (70) Section 856(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 920; 10 U.S.C. 2377 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (71) Section 2399(b)(3) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics,” and inserting “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”.
  - (72) Section 2419(a)(1) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (73) Section 825(c)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 908; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (74) Section 826(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 908; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (75) Section 827(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 909; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (76) Section 811(b) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1828; 10 U.S.C. 2430 note) is amended—
    - (A) in paragraph (1), by striking “if the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “if the service acquisition executive, in the case of a major defense acquisition program of the military department, or the Under Secretary of Defense for Acquisition and Sustainment, in the case of a Defense-wide or Defense Agency major defense acquisition program,”; and
    - (B) in paragraph (2), by inserting “the service acquisition executive or” before “the Under Secretary” each place such term appears.
  - (77) Section 812(a) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1829; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (78) Section 814 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 115–91; 131 Stat. 1467; 10 U.S.C. 2430 note) is amended—
    - (A) in subsection (b), by striking paragraph (2) and inserting the following new paragraphs:
      - “(2) Required members—Each Configuration Steering Board under this section shall include a representative of the following:
      - “(A) The Chief of Staff of the Armed Force concerned.
      - “(B) The Comptroller of the military department concerned.
      - “(C) The military deputy to the service acquisition executive concerned.
      - “(D) The program executive officer for the major defense acquisition program concerned.
      - “(3) Additional members—In addition to the members required in paragraph (2), when the milestone decision authority for a major defense acquisition program is the Under Secretary of Defense for Acquisition and Sustainment, each Configuration Steering Board under this section shall also include a representative of the following:
      - “(A) The Office of the Under Secretary of Defense for Acquisition and Sustainment.
      - “(B) Other armed forces, as appropriate.
      - “(C) The Joint Staff.
      - “(D) Other senior representatives of the Office of the Secretary of Defense and the military department concerned, as appropriate.”
    - (B) in subsection (c)(5)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “service acquisition executive”.
  - (79) Section 801(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2312; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (80) Section 924 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1576; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (81) Section 1675(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 192 Stat. 1131; 10 U.S.C. 2431 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering”.
  - (82) Section 2431a(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (83) Section 2435 of title 10, United States Code, is amended by striking—
    - (A) in subsection (b), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “service acquisition executive, in the case of a major defense acquisition program of a military department, or the Under Secretary of Defense for Acquisition and Sustainment, in the case of a Defense-wide or Defense Agency major defense acquisition program”; and
    - (B) in subsection (e)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (84) Section 2438(b) of title 10, United States Code, is amended—
    - (A) in paragraph (1), by striking “Under Secretary of Defense for Acquisition, Technology and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in paragraph (2), by striking “Under Secretary of Defense for Acquisition, Technology and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (85) Section 2448b(a) of title 10, United States Code, is amended in the matter preceding paragraph (1) by inserting “by an independent organization selected by the service acquisition executive” after “conducted”.
  - (86) Section 2503(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (87) Section 2508(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (88) Section 2521 of title 10, United States Code, is amended—
    - (A) in subsection (a), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Research and Engineering”;
    - (B) in subsection (e)(4)(D), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”; and
    - (C) in subsection (e)(5), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”.
  - (89) Section 2533b(k)(2)(A) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (90) Section 2546 of title 10, United States Code, is amended—
    - (A) in the heading of subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
    - (B) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (C) in subsection (b), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (91) Section 2548 of title 10, United States Code, is amended—
    - (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in subsection (c)(8), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (92) Section 2902(b) of title 10, United States Code, is amended—
    - (A) in paragraph (1), by striking “Office of the Assistant Secretary of Defense for Research and Engineering” and inserting “Office of the Secretary of Defense for Research and Engineering”; and
    - (B) in paragraph (3), by striking “Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Office of the Under Secretary of Defense for Acquisition and Sustainment”.
  - (93) Section 2824(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public law 112–239; 126 Stat. 2154; 10 U.S.C. 2911 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics and the Assistant Secretary of Defense for Energy, Installations, and Environment” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (94) Section 315(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public law 112–81; 125 Stat. 1357; 10 U.S.C. 2911 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (95) Section 2926(e)(5)(D) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary for Defense for Acquisition and Sustainment”.
  - (96) Section 836(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1508; 22 U.S.C. 2767 note) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research,” and inserting “the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”.
  - (97) Section 7103(d)(7)(M)(v) of title 22, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (98) Section 1126(a)(3) of title 31, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (99) Section 11319(d)(4) of title 40, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (100) Section 1302(b)(2)(A)(i) of title 41, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (101) Section 809 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1423; 41 U.S.C. 1302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (102) Section 1311(b)(3) of title 41, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (103) Section 98f(a)(3) of title 50, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
  - (104) Section 1521 of title 50, United States Code, is amended—
    - (A) in subsection (f)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and
    - (B) in subsection (g)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment.”.
- (k) Requirements for the national security strategy for national technology and industrial base—
  - (1) National Security Strategy for national technology and industrial base— Section 2501(a) of title 10, United States Code, is amended by inserting after the first sentence the following new sentence: “The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 (50 U.S.C. 3043).”.
  - (2) Annual report to Congress— Section 2504(3) of title 10, United States Code, is amended—
    - (A) in the matter preceding subparagraph (A), by inserting <del>“executive </del><ins>“Executive </ins>order or” after “pursuant to”;
    - (B) by amending subparagraph (A) to read as follows:
      - “(A) prioritized list of gaps or vulnerabilities in the national technology and industrial base, including—
      - “(i) a description of mitigation strategies necessary to address such gaps or vulnerabilities;
      - “(ii) the identification of the individual responsible for addressing such gaps or vulnerabilities; and
      - “(iii) a proposed timeline for action to address gaps or vulnerabilities.”
- (l) Establishment of Center for Acquisition Innovation—
  - (1) Establishment of Center for Acquisition Innovation—
    - (A) In general— Chapter 97 of title 10, United States Code, is amended by inserting after section 1746 the following new section:
      - “1746a. Center for Acquisition Innovation
      - “(a) Establishment—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and maintain a Center for Acquisition Innovation (hereinafter referred to as the “Center”) at the Naval Postgraduate School. The Center shall operate as an academic entity specializing in innovation relating to the defense acquisition system.
      - “(b) Mission
      - “(1) The mission of the Center is to provide to policymakers in the Department of Defense, Congress, and throughout the Government, academic analyses and policy alternatives for innovation in the defense acquisition system. The Center shall accomplish that mission by a variety of means intended to widely disseminate the research findings of the Center.
      - “(2) In carrying out the mission under paragraph (1), the Center shall, on an ongoing basis, review the statutes and regulations applicable to the defense acquisition system. The objective of such review is to provide policy alternatives for streamlining and improving the efficiency and effectiveness of the defense acquisition process in order to ensure a defense technology advantage for the United States over potential adversaries.
      - “(c) Implementation review of Section 809 Panel recommendations and center policy alternatives
      - “(1) The Center shall, on an ongoing basis, review implementation of the recommendations of the Section 809 Panel and policy alternatives provided by the Center. As part of such review, the Center shall—
      - “(A) for recommendations or policy alternatives for the enactment of legislation, identify whether (or to what extent) the recommendations or policy alternatives have been adopted by being enacted into law by Congress;
      - “(B) for recommendations or policy alternatives for the issuance of regulations, identify whether (or to what extent) the recommendations or policy alternatives have been adopted through issuance of new agency or Government-wide regulations; and
      - “(C) for recommendations or policy alternatives for revisions to policies and procedures in the executive branch, identify whether (or to what extent) the recommendations or policy alternatives have been adopted through issuance of an appropriate implementing directive or other form of guidance.
      - “(2) In this subsection, the term Section 809 Panel means the panel established by the Secretary of Defense pursuant to section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), as amended by section 863(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) and sections 803(c) and 883 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
      - “(d) Funding—There shall be available for the Center for any fiscal year from the Defense Acquisition Workforce and Development Fund not less than the amount of $3,000,000 (in fiscal year 2019 constant dollars), in addition to any other amount available for that fiscal year for the Naval Postgraduate School.
      - “(e) Annual report
      - “(1) Not later than September 30 each year, the Center shall submit to the Secretary of Defense, who shall forward to the Committees on Armed Services of the Senate and House of Representatives, a report describing the activities of the Center during the previous year and providing the findings, analysis, and policy alternatives of the Center relating to the defense acquisition system.
      - “(2) Each such report shall be submitted in accordance with paragraph (1) without further review within the executive branch.
      - “(3) Each report under paragraph (1) shall include the following:
      - “(A) Results of academic research and analysis.
      - “(B) Results of the implementation reviews conducted pursuant to subsection (d).
      - “(C) Policy alternatives for such legislative and executive branch action as the Center considers warranted.
      - “(D) Specific implementation language for any statutory changes recommended.
      - “(f) Definition—In this section, the term defense acquisition system has the meaning given that term in section 2545(2) of this title.”
    - (B) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2165 the following new item:
  - (2) Deadline for implementation— The Secretary of Defense shall establish the Center for Acquisition Innovation under section 1746a of title 10, United States Code, as added by subsection (a), not later than March 1, 2020. The first Director of the Center shall be appointed not later than June 1, 2020, and the Center should be fully operational not later than June 1, 2021.
  - (3) Implementation report—
    - (A) In general— Not later than January 1, 2021, the head of the Center of Acquisition Innovation shall submit to the Secretary of Defense a report setting forth the organizational plan for the Center for Acquisition Innovation, the proposed budget for the Center, and the timetable for initial and full operations of the Center.
    - (B) Transmittal— The Secretary of Defense shall transmit the report under paragraph (1), together with whatever comments the Secretary considers appropriate, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than February 1, 2021.
  - (4) Records of the section 809 panel—
    - (A) Transfer and maintenance of records— Following termination of the Section 809 Panel, the records of the panel shall be transferred to, and shall be maintained by, the Defense Technical Information Center. Such transfer shall be accomplished not later than August 1, 2019.
    - (B) Status of records— Working papers, records of interview, and any other draft work products generated for any purpose by the Section 809 Panel during its research are covered by the deliberative process privilege exemption under paragraph (5) of section 552(b) of title 5, United States Code.
    - (C) Definition— In this section, the term Section 809 Panel means the panel established by the Secretary of Defense pursuant to section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), as amended by section 863(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) and sections 803(c) and 883 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

## Sec. 872 Size standard calculations for certain small business concerns

- (a) Clarifying amendment to the Small Business Runway Extension Act of 2018— Section 3(a)(2)(C) of the Small Business Act (15 U.S.C. 632(a)(2)(C)) is amended by inserting “(including the Administration when acting pursuant to subparagraph (A))” after “no Federal department or agency”.
- (b) Finalization of Small Business Runway Extension Act of 2018 rules— The Administrator of the Small Business Administration shall issue a final rule implementing the Small Business Runway Extension Act of 2018 (Public Law 115–324) not later than December 17, 2019.
- (c) Amendment to size standards for certain small business concerns—
  - (1) Size standards for small business concerns providing services— Section 3(a)(2)(C)(ii)(II) of the Small Business Act (15 U.S.C. 632(a)(2)(C)(ii)(II)) is amended by striking “not less than”.
  - (2) Size standards for other business concerns— Section 3(a)(2)(C)(ii)(III) of the Small Business Act (15 U.S.C. 632(a)(2)(C)(ii)(III)) is amended by striking “not less than 3 years” and inserting “5 years”.
- (d) Transition plan for the Small Business Runway Extension Act of 2018—
  - (1) Plan required— Not later than <del>90 </del><ins>30 </ins>days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall implement a transition plan to assist business concerns and Federal agencies with compliance with the requirements of the Small Business Runway Extension Act of 2018 (Public Law 115–324).
  - (2) 3–Year calculation for size standards—
    - (A) In general— The transition plan described under paragraph (1) shall include a requirement that, during the period beginning on December 17, 2018, and ending on the date that is 6 months after the date on which the Administrator issues final rules implementing the Small Business Runway Extension Act of 2018 (Public Law 115–324), allows the use of a 3-year calculation for a size standard to be applied to a business concern if the use of such 3-year calculation allows such concern to be considered a small business concern under section 3(a)(1) of the Small Business Act (15 U.S.C. 632(a)(1)).
    - (B) 3-year calculation defined— In this subsection, the term 3-year calculation means—
      - (i) with respect to a business concern providing services described under clause (ii)(II) of such section, a determination of the size of such concern on the basis of the annual average gross receipts of such concern over a period of 3 years; and
      - (ii) with respect to a business concern described under clause (ii)(III) of such section, a determination of the size of such concern on the basis of data over a period of 3 years.
- (e) Requirement to update SAM— Not later than 90 days after the date of the enactment of this Act, the System for Award Management (or any successor system) shall be updated to comply with the requirements of this Act.

## Sec. 878 Improvements to certain defense innovation programs

- (a) Alignment of the Small Business Innovation Research Program and Small Business Technology Transfer Program of the Department of Defense with the National Defense Science and Technology Strategy—
  - (1) In general— The Secretary of Defense and Secretaries of the military departments shall, to the extent practicable, align the research topics selected for activities conducted under the Small Business Innovation Research Program and Small Business Technology Transfer Program (as defined under section 9 of the Small Business Act (15 U.S.C. 638) with the National Defense Science and Technology Strategy established under section 218 of the John. S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679).
  - (2) Use of National Defense Science and Technology Strategy to determine research topics— Section 9 of the Small Business Act (15 U.S.C. 638) is amended—
    - (A) in subsection (g)(3)(B), by striking “, in the 1992 report” and all that follows through “that authority” and inserting “in the National Defense Science and Technology Strategy established under section 218 of the John. S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679)”; and
    - (B) in subsection (o)(3)(B), by striking “, in accordance with section 2522 of title 10, United States Code” and inserting “in the National Defense Science and Technology Strategy established under section 218 of the John. S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679)”.
- (b) Pilot program for domestic investment under the SBIR program—
  - (1) Sense of Congress— It is the sense of Congress that the Administrator of the Small Business Administration should promulgate regulations to carry out the requirements under section 9(dd) of the Small Business Act (15 U.S.C. 638(dd)) that—
    - (A) permit small business concerns that are majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms to participate in the SBIR program in accordance with such section;
    - (B) provide specific information regarding eligibility, participation, and affiliation rules to such small business concerns; and
    - (C) preserve and maintain the integrity of the SBIR program as a program for small business concerns in the United States by prohibiting large entities or foreign-owned entities from participation in the SBIR program.
  - (2) Domestic investment pilot program—
    - (A) In general— Not later than 1 year after the date of the enactment of this Act and notwithstanding the requirements of section 9(dd) of the Small Business Act (15 U.S.C. 638(dd)), the Secretary of Defense shall create and administer a program to be known as the “Domestic Investment Pilot Program” under which the Secretary and the service acquisition executive for each military department may make a SBIR award to a small business concern that is majority-owned by multiple United States-owned venture capital operating companies, hedge funds, or private equity firms without providing the written determination described under paragraph (2) of such section 9(dd).
    - (B) Limitation— The Secretary of Defense may award not more than 10 percent of the funds allocated for the SBIR program of the Department of Defense under section 9(f) of the Small Business Act (15 U.S.C. 638(f)) to small business concerns that are owned in majority part by multiple venture capital operating companies, hedge funds, or private equity firms through competitive, merit-based procedures that are open to all eligible small business concerns.
    - (C) Evaluation criteria— In carrying out the Domestic Investment Pilot Program, the Secretary of Defense may not use investment of venture capital or investment from hedge funds or private equity firms as a criterion for the award of contracts under the SBIR program or STTR program.
    - (D) Annual reporting— The Secretary of Defense shall include as part of each annual report required under section 9(b)(7) of the Small Business Act (15 U.S.C. <del>638(9)(b)(7)) )—</del><ins>638(9)(b)(7)))—</ins>
      - (i) information on the implementation of the Domestic Investment Pilot Program;
      - (ii) the number of proposals received from small business concerns that are majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms for the Domestic Investment Pilot Program; and
      - (iii) the number of awards made to such small business concerns.
    - (E) Termination— The Domestic Investment Pilot Program established under this subsection shall terminate on September 30, 2022.
  - (3) Definitions— In this section:
    - (A) SBIR— The term SBIR has the meaning given in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
    - (B) Small Business Act definitions— The terms small business concern, venture capital operating company, hedge fund, and private equity firm have the meanings given those terms, respectively, in section 3 of the Small Business Act (15 U.S.C. 632).
- (c) Cybersecurity technical assistance for SBIR and STTR programs—
  - (1) In general— The Secretary of Defense may enter into an agreement with 1 or more vendors selected under section (9)(q)(2) of the Small Business Act (15 U.S.C. 638(q)(2)) to provide small business concerns engaged in SBIR or STTR projects with cybersecurity technical assistance , such as access to a network of cybersecurity experts and engineers engaged in designing and implementing cybersecurity practices.
  - (2) Amounts— In carrying out paragraph (1), the Secretary of Defense may provide the amounts described under section (9)(q)(3) of such Act (15 U.S.C. 638(q)(3)) to a recipient that meets the eligibility requirements under the applicable subparagraph, if the recipient requests to seek cybersecurity technical assistance from an individual or entity other than a vendor selected as described in paragraph (1).
- (d) Phase 0 proof of concept partnership program for the Department of Defense— Section 9(jj) of the Small Business Act (15 U.S.C. 638) is amended—
  - (1) in paragraph (1), by striking “The Director of the National Institutes of Health” and inserting “A covered agency head”;
  - (2) by striking “The Director” each place it appears and inserting “A covered agency head”;
  - (3) by striking “the Director” each place it appears and inserting “a covered agency head”;
  - (4) in paragraph (2)—
    - (A) by amending subparagraph (A) to read as follows:
      - “(A) the term covered agency head means—
      - “(i) with respect to the STTR program of the National Institutes of Health, the Director of the National Institutes of Health; or
      - “(ii) with respect to the STTR program of the Department of Defense, the Secretary of Defense;”
    - (B) in subparagraph (C), by striking “in the National Institutes of Health’s STTR program” and inserting “in either the STTR program of the Department of Defense or the STTR program of the National Institutes of Health”; and
  - (5) in paragraph (4)(A), by inserting “participating in the STTR program administered by such agency head” after “a qualifying institution”.
- (e) Modification to the Defense Research and Development Rapid Innovation Program—
  - (1) Increase to funding— Section 2359a(b)(3) of title 10, United States Code, is amended by striking “$3,000,000” and inserting “$6,000,000”.
  - (2) Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program established under section 2359a(b)(3) of title 10, United States Code, (commonly known as the “Defense Research and Development Rapid Innovation Program”), which shall include—
    - (A) with respect to the two fiscal years preceding the submission of the report—
      - (i) a description of the total number of proposals funded under the program;
      - (ii) the percent of funds made available under the program for Small Business Innovation Research Program projects; and
      - (iii) a list of Small Business Innovation Research Program projects that received funding under the program that were included in major defense acquisition programs (as defined in section 2430 of title 10, United States Code) and other defense acquisition programs that meet critical national security needs; and
    - (B) an assessment on the effectiveness of the program in stimulating innovation technologies, reducing acquisition or lifecycle costs, addressing technical risk, and improving the timeliness and thoroughness of test and evaluation outcomes.
- (f) Establishment of joint reserve detachments at Defense Innovation Unit—
  - (1) Establishment— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall establish not fewer than three joint reserve detachments (referred to in this section as “Detachments”) at locations of the Defense Innovation Unit—
    - (A) to support engagement and collaboration with commercial innovation hubs; and
    - (B) to accelerate the transition and adoption of commercial technologies for national security purposes.
  - (2) Composition— Each Detachment shall be composed of members of the reserve components who possess relevant private sector experience in the fields of business, acquisition, intelligence, engineering, technology transfer, science, mathematics, contracting, procurement, logistics, cyberspace security, or such other fields as are determined to be relevant by the Under Secretary of Defense for Research and Engineering.
  - (3) Responsibilities— The Detachments shall have the following responsibilities:
    - (A) Each Detachment shall provide the Department of Defense with expertise, analysis, alternatives for innovation, and opportunities for greater engagement and collaboration between the defense innovation ecosystem and commercial industry.
    - (B) Each Detachment shall, on an ongoing basis—
      - (i) recruit, retain, and employ members of the reserve components who possess relevant private sector experience, as described in paragraph (2);
      - (ii) partner with the military services, the combatant commands, and other Department of Defense organizations to seek and rapidly prototype advanced commercial solutions while lowering the barrier to entry to serve defense requirements;
      - (iii) increase awareness of—
        - (I) the technology portfolios of the Defense Innovation Unit; and
        - (II) the technology requirements of the Department of Defense as identified in the National Defense Science and Technology Strategy developed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679);
      - (iv) capitalize on the growing investment in research and development made by the commercial industry in assessing and maturing dual-use technologies; and
      - (v) carry out such other activities as may be directed by the Under Secretary of Defense for Research and Engineering.
  - (4) Deadline for establishment of Detachments— The Secretary of Defense shall ensure that—
    - (A) at least one Detachment is established on or before October 1, 2020; and
    - (B) all three Detachments required under subsection (a) are established on or before October 1, 2022.
  - (5) Implementation report—
    - (A) In general— Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report that includes—
      - (i) an organizational plan for the Detachments;
      - (ii) the estimated costs of establishing the Detachments;
      - (iii) a timeline specifying when each Detachment will attain initial operational capability and full operational capability, respectively.
    - (B) Consultation— In preparing the report required under subparagraph (A), the Under Secretary of Defense for Research and Engineering shall consult with the Director of the Defense Innovation Unit and the head of each military service.
- (g) Modification to Department of Defense SBIR Expenditures— Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) is amended—
  - (1) in paragraph (1)(I), by inserting “, except as provided in paragraph (5)” after “thereafter,” and inserting “fiscal years 2017 through 2019; and”; and
  - (2) by adding at the end the following new paragraph:
    - “(5) Required expenditure amounts for the Department of Defense—With respect to fiscal year 2020 and each fiscal year thereafter, paragraph (1)(I) shall apply to the Department of Defense with “4.0 percent” substituted for “3.2 percent”.”

## Sec. 881 Permanent authorization and improvement of Department of Defense Mentor-Protege Program

- (a) <ins>Permanent authorization—</ins> <ins></ins>
  - (1) <ins>Repeal of expiration of authority—</ins> <ins>Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended by striking subsection (j).</ins>
  - (2) <ins>Effective date—</ins> <ins>The amendment made by paragraph (1) shall take effect on the date on which the Secretary of Defense submits to Congress the small business strategy required under section 2283 of title 10, United States Code. The Secretary of Defense shall notify the Law Revision Counsel of the House of Representatives of the submission of the strategy so that the Law Revision Counsel may execute the amendment made by paragraph (1).</ins>
- (a) <del>Permanent authorization—</del> <del>Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended by striking subsection (j).</del>
- (b) Office of Small Business Programs oversight— Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—
  - (1) by redesignating subsection (n) as subsection (o); and
  - (2) by inserting after subsection (m) the following new subsection:
    - “(n) Establishment of performance goals and periodic reviews—The Office of Small Business Programs of the Department of Defense shall—
    - “(1) establish performance goals consistent with the stated purpose of the Mentor-Protege Program and outcome-based metrics to measure progress in meeting those goals; and
    - “(2) submit to the congressional defense committees, not later than February 1, 2020, a report on progress made toward implementing these performance goals and metrics, based on periodic reviews of the procedures used to approve mentor-protege agreements.”
- (c) Modification of disadvantaged small business concern definition— Subsection (o)(2) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note), as redesignated by subsection (b)(1) of this section, is amended by striking “has less than half the size standard corresponding to its primary North American Industry Classification System code” and inserting “is not more than the size standard corresponding to its primary North American Industry Classification System code”.
- (d) Removal of pilot program references— Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—
  - (1) in the subsection heading for subsection (a), by striking “pilot”; and
  - (2) by striking “pilot” each place it appears.
- (e) Independent report on program effectiveness—
  - (1) In general— The Secretary of Defense shall direct the Defense Business Board to submit to the congressional defense committees a report evaluating the effectiveness of the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note), including recommendations for improving the program in terms of performance metrics, forms of assistance, and overall program effectiveness not later than March 31, 2022.
  - (2) Congressional defense committees defined— In this subsection, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
- (f) <ins>Report—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, and annually thereafter until September 30, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) that describes—</ins>
  - (1) <ins>each mentor-protege agreement entered into under such section, disaggregated by the type of disadvantaged small business concern (as defined in subsection (o) of such section) receiving assistance pursuant to such an agreement;</ins>
  - (2) <ins>the type of assistance provided to protege firms (as defined in subsection (o) of such section) under each such agreement;</ins>
  - (3) <ins>the benefits provided to mentor firms (as defined in subsection (o) of such section) under each such agreement; and</ins>
  - (4) <ins>the progress of protege firms under each such agreement with respect to competing for Federal prime contracts and subcontracts.</ins>

## Sec. 882 Assistance for small business concerns participating in the Small Business Innovation Research Program and the Small Business Technology Transfer Program — added

- (a) <ins>Definition of senior procurement executive—</ins> <ins>Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended—</ins>
  - (1) <ins>in paragraph (12)(B), by striking “and” at the end;</ins>
  - (2) <ins>in paragraph (13)(B), by striking the period at the end and inserting “; and”; and</ins>
  - (3) <ins>by adding at the end the following new paragraph:</ins>
    - <ins>“(13) the term senior procurement executive means an official designated under section 1702(c) of title 41, United States Code, as the senior procurement executive of a Federal agency participating in a SBIR or STTR program.”</ins>
- (b) <ins>Inclusion of senior procurement executives in SBIR and STTR—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended—</ins>
    - (A) <ins>in paragraph (8), by striking “and” at the end;</ins>
    - (B) <ins>in paragraph (9), by striking the period at the end and inserting “; and”; and</ins>
    - (C) <ins>by adding at the end the following new paragraph:</ins>
      - <ins>“(10) to coordinate, where appropriate, with the senior procurement executive of the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program with commercializing research developed under such a program before such small business concern is awarded a contract from such Federal agency.”</ins>
  - (2) <ins>Technical amendment—</ins> <ins>Section 9(b)(3) of the Small Business Act (15 U.S.C. 638(b)(3)) is amended by striking “and” at the end.</ins>
- (c) <ins>Modifications relating to procurement center representatives and other acquisition personnel—</ins> <ins></ins>
  - (1) <ins>SBIR amendment—</ins> <ins>Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is amended by adding at the end the following new paragraph:</ins>
    - <ins>“(4) Modifications relating to procurement center representatives—Upon the enactment of this paragraph, the Administrator shall modify the policy directives issued pursuant to this subsection to require procurement center representatives (as described in section 15(l)) to assist small business concerns participating in the SBIR program with researching solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement with the concern) and to provide technical assistance to such concerns to submit a bid for an award of a Federal contract. The procurement center representatives shall coordinate with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to section 15(k) for the agency letting the contract.”</ins>
  - (2) <ins>STTR amendment—</ins> <ins>Section 9(p)(2) of the Small Business Act (15 U.S.C. 638(p)(2)) is amended—</ins>
    - (A) <ins>in subparagraph (E)(ii), by striking “and” at the end;</ins>
    - (B) <ins>in subparagraph (F), by striking the period at the end and inserting “; and”; and</ins>
    - (C) <ins>by adding at the end the following new subparagraph:</ins>
      - <ins>“(G) procedures to ensure that procurement center representatives (as described in section 15(l))—</ins>
      - <ins>“(i) assist small business concerns participating in the STTR program with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement with the concern);</ins>
      - <ins>“(ii) provide technical assistance to such concerns to submit a bid for an award of a Federal contract; and</ins>
      - <ins>“(iii) coordinate with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to section 15(k) for the Federal agency letting the contract in providing the assistance described in clause (i).”</ins>
- (d) <ins>Amendment to duties of procurement center representatives—</ins> <ins>Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is amended—</ins>
  - (1) <ins>in subparagraph (I), by striking “and” at the end;</ins>
  - (2) <ins>by redesignating subparagraph (J) as subparagraph (L); and</ins>
  - (3) <ins>by inserting after subparagraph (I) the following new subparagraphs:</ins>
    - <ins>“(J) assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract to market the research developed by such concern under such SBIR or STTR program;</ins>
    - <ins>“(K) provide technical assistance to small business concerns participating in a SBIR or STTR program under section 9 to submit a bid for an award of a Federal contract, including coordination with the appropriate senior procurement executive and the appropriate Director of the Office of Small and Disadvantaged Business Utilization established pursuant to subsection (k) for the agency letting the contract; and”</ins>
- (e) <ins>Amendment to the duties of the Director of Small and Disadvantaged Business Utilization for Federal agencies—</ins> <ins>Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended—</ins>
  - (1) <ins>in paragraph (19), by striking “and” at the end;</ins>
  - (2) <ins>in paragraph (20), by striking the period at the end and inserting a semicolon; and</ins>
  - (3) <ins>by adding at the end the following new paragraphs:</ins>
    - <ins>“(21) shall assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement, as defined under section 9, with the concern) to market the research developed by such concern under such SBIR or STTR program; and</ins>
    - <ins>“(22) shall provide technical assistance to small business concerns participating in a SBIR or STTR program under section 9 to submit a bid for an award of a Federal contract, including coordination with procurement center representatives and the appropriate senior procurement executive for the agency letting the contract.”</ins>

## Sec. 883 Accelerated payments applicable to contracts with certain small business concerns under the Prompt Payment Act — added

- <ins>Section 3903(a) of title 31, United States Code, is amended—</ins>
- (1) <ins>in paragraph (1)(B), by inserting “except as provided in paragraphs (10) and (11),” before “30 days”;</ins>
- (2) <ins>in paragraph (8), by striking “and”;</ins>
- (3) <ins>in paragraph (9), by striking the period at the end and inserting a semicolon; and</ins>
- (4) <ins>by adding at the end the following new paragraphs:</ins>
  - <ins>“(10) for a prime contractor (as defined in section 8701(5) of title 41) that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), to the fullest extent permitted by law, require that the head of an agency establish an accelerated payment date with a goal of 15 days after a proper invoice for the amount due is received if a specific payment date is not established by contract; and</ins>
  - <ins>“(11) for a prime contractor (as defined in section 8701(5) of title 41) that subcontracts with a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), to the fullest extent permitted by law, require that the head of an agency establish an accelerated payment date with a goal of 15 days after a proper invoice for the amount due is received if—</ins>
  - <ins>“(A) a specific payment date is not established by contract; and</ins>
  - <ins>“(B) such prime contractor agrees to make payments to such subcontractor in accordance with such accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to such subcontractor.”</ins>

## Sec. 884 Postaward explanations for unsuccessful offerors for certain contracts — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that with respect to an offer for a task order or delivery order in an amount greater than the simplified acquisition threshold (as defined in section 134 of title 41, United States Code) and less than or equal to $5,500,000 issued under an indefinite delivery-indefinite quantity contract, the contracting officer for such contract shall, upon written request from an unsuccessful offeror, provide a brief explanation as to why such offeror was unsuccessful that includes a summary of the rationale for the award and an evaluation of the significant weak or deficient factors in the offeror's offer.</ins>

## Sec. 885 Briefing on the Trusted Capital Marketplace pilot program — added

- <ins>Not later than December 15, 2019, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Trusted Capital Marketplace pilot program (Solicitation number: CS–19–1701), to include plans for how the program will—</ins>
- (1) <ins>align with critical defense requirements; and</ins>
- (2) <ins>become self-sustaining.</ins>

## Sec. 886 Boots to Business Program — added

- <ins>Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following new subsection:</ins>
- <ins>“(h) Boots to Business Program</ins>
- <ins>“(1) Covered individual defined—In this subsection, the term covered individual means—</ins>
- <ins>“(A) a member of the Armed Forces, including the National Guard or Reserves;</ins>
- <ins>“(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;</ins>
- <ins>“(C) an individual who—</ins>
- <ins>“(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and</ins>
- <ins>“(ii) was discharged or released from such service under conditions other than dishonorable; and</ins>
- <ins>“(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).</ins>
- <ins>“(2) Establishment—Beginning on the first October 1 after the enactment of this subsection and for the subsequent 4 fiscal years, the Administrator shall carry out a program to be known as the “Boots to Business Program” to provide entrepreneurship training to covered individuals.</ins>
- <ins>“(3) Goals—The goals of the Boots to Business Program are to—</ins>
- <ins>“(A) provide assistance and in-depth training to covered individuals interested in business ownership; and</ins>
- <ins>“(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.</ins>
- <ins>“(4) Program components</ins>
- <ins>“(A) In general—The Boots to Business Program may include—</ins>
- <ins>“(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;</ins>
- <ins>“(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;</ins>
- <ins>“(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and</ins>
- <ins>“(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.</ins>
- <ins>“(B) Collaboration—The Administrator may—</ins>
- <ins>“(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and</ins>
- <ins>“(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).</ins>
- <ins>“(C) Use of resource partners</ins>
- <ins>“(i) In general—The Administrator shall—</ins>
- <ins>“(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and</ins>
- <ins>“(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.</ins>
- <ins>“(ii) Grant authority—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.</ins>
- <ins>“(D) Availability to Department of Defense—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.</ins>
- <ins>“(E) Availability to Veterans Affairs—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program which shall, at a minimum—</ins>
- <ins>“(i) describe the Boots to Business Program and the services provided; and</ins>
- <ins>“(ii) include eligibility requirements for participating in the Boots to Business Program.</ins>
- <ins>“(5) Report—Not later than 180 days after the date of the enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—</ins>
- <ins>“(A) information regarding grants awarded under paragraph (4)(C);</ins>
- <ins>“(B) the total cost of the Boots to Business Program;</ins>
- <ins>“(C) the number of program participants using each component of the Boots to Business Program;</ins>
- <ins>“(D) the completion rates for each component of the Boots to Business Program;</ins>
- <ins>“(E) to the extent possible—</ins>
- <ins>“(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;</ins>
- <ins>“(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;</ins>
- <ins>“(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;</ins>
- <ins>“(iv) the number of jobs created with assistance under the Boots to Business Program;</ins>
- <ins>“(v) the number of referrals to other resources and programs of the Administration;</ins>
- <ins>“(vi) the number of program participants receiving financial assistance under loan programs of the Administration;</ins>
- <ins>“(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and</ins>
- <ins>“(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;</ins>
- <ins>“(F) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;</ins>
- <ins>“(G) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;</ins>
- <ins>“(H) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;</ins>
- <ins>“(I) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and</ins>
- <ins>“(J) any additional information the Administrator determines necessary.”</ins>

## Sec. 887 Modifications to budget display requirements for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program — added

- <ins>Section 857 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1891) is amended—</ins>
- (1) <ins>in subsection (a)—</ins>
  - (A) <ins>by inserting “Under Secretary of Defense (Comptroller) and the” before “Under Secretary of Defense for Research and Engineering”; and</ins>
  - (B) <ins>by striking “a budget display” and inserting “one or more budget displays”;</ins>
- (2) <ins>in subsection (b), by striking “The budget display” and inserting “The budget displays”; and</ins>
- (3) <ins>in subsection (d), by striking “The budget display” and inserting “The budget displays”.</ins>

## Sec. 888 Small business contracting credit for subcontractors that are Puerto Rico businesses — added

- <ins>Section 15(x)(1) of the Small Business Act (15 U.S.C. 644(x)(1)) is amended—</ins>
- (1) <ins>by inserting “, or a prime contractor awards a subcontract (at any tier) to a subcontractor that is a Puerto Rico business,” after “Puerto Rico business”;</ins>
- (2) <ins>by inserting “or subcontract” after “the contract”; and</ins>
- (3) <ins>by striking “subsection (g)(1)(A)(i)” and inserting “subsection (g)(1)(A)”.</ins>

## Sec. 889 Small business contracting credit for certain small businesses located in United States territories — added

- <ins>Section 15(x) of the Small Business Act (15 U.S.C. 644(x)) is amended—</ins>
- (1) <ins>in the subsection heading, by inserting “and covered territory businesses” after “Puerto Rico businesses”;</ins>
- (2) <ins>in paragraph (1), by inserting “or a covered territory business” after “Puerto Rico business”; and</ins>
- (3) <ins>by adding at the end the following new paragraph:</ins>
  - <ins>“(3) Covered territory business defined—In this subsection, the term “covered territory business” means a small business concern that has its principal office located in one of the following:</ins>
  - <ins>“(A) The United States Virgin Islands.</ins>
  - <ins>“(B) American Samoa.</ins>
  - <ins>“(C) Guam.</ins>
  - <ins>“(D) The Northern Mariana Islands.”</ins>

## Sec. 898 Report on cost growth of major defense acquisitions programs — added

- <ins>The Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report analyzing cost growth of major defense acquisition programs (as defined in section 2430 of title 10, United States Code) during the 15 fiscal years preceding the date of the enactment of this Act.</ins>

## Sec. 899 Inclusion of operational energy projects for uses of energy cost savings — added

- <ins>Section 2912(b)(1) of title 10, United States Code, is amended by inserting “operational energy projects,” after “including”.</ins>

## Sec. 899A Report and strategy on terminated foreign contracts — added

- (a) <ins>Report—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on contracts performed in foreign countries for which the contract was terminated for convenience because of actions taken by the government of, or an entity located in, the foreign country that impeded the ability of the contractor to perform the contract. Such report shall include, for each contract so terminated—</ins>
  - (1) <ins>the specific contract type;</ins>
  - (2) <ins>the good or service that is the subject of the contract;</ins>
  - (3) <ins>the contracting entity within the Department of Defense;</ins>
  - (4) <ins>the annual and total value of the contract;</ins>
  - (5) <ins>the foreign countries involved in implementing the contract;</ins>
  - (6) <ins>an identification of the government of, or entity located in, the foreign country that impeded the ability of the contractor to perform the contract;</ins>
  - (7) <ins>the rationale, if any, for impeding the ability of the contractor to perform the contract, and an analysis of whether the rationale contradicted and requirements of the Federal Acquisition Regulation;</ins>
  - (8) <ins>the increased costs incurred by the Department of Defense because of the termination; and</ins>
  - (9) <ins>any additional information, as determined by the Secretary.</ins>
- (b) <ins>Strategy—</ins> <ins>The Secretary of Defense, in collaboration with the Secretary of State, shall develop a strategy and accompanying guidelines for contractors and other Federal Government employees involved in the performance of Department of Defense contracts in foreign countries to ensure such contracts are not subject to interference, contract meddling, or favoritism by government of, or an entity located in, the foreign country. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the strategy and accompanying guidelines.</ins>

## Sec. 899B Individual acquisition for commercial leasing services — added

- (a) <ins>Extension—</ins> <ins>Section 877(c) of the John S. McCain National Defense Authorization Act For Fiscal Year 2019 (41 U.S.C. 3302 note) is amended by striking “2022” and inserting “2025”.</ins>
- (b) <ins>Audit—</ins> <ins>Section 887(b)(1) of such Act is amended by striking “biennial audits” and inserting “audits every five years”.</ins>

## Sec. 899C Prohibition on contracting with entities lacking a sexual harassment policy — added

- (a) <ins>In general—</ins> <ins>Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Federal Acquisition Regulation Supplement to state that the policy of the Department of Defense is that the Secretary of Defense may enter into a contract only with an entity that has an employee policy penalizing instances of sexual harassment.</ins>
- (b) <ins>Debarment—</ins> <ins>If an entity that does not have an employee policy penalizing instances of sexual harassment seeks to enter into a contract with the Department of Defense, the Secretary of Defense shall initiate a debarment proceeding in accordance with procedures in the Federal Acquisition Regulation against such entity.</ins>

## Sec. 899D Domestic production of small unmanned aircraft systems — added

- <ins>The Secretary of Defense shall take such action as necessary to strengthen the domestic production of small unmanned aircraft systems (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 44802 note)), as described under Presidential Determination No. 2019–13 of June 10, 2019.</ins>

## Sec. 899E Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938 — added

- <ins>The head of a Federal department or agency (as defined in section 102 of title 40, United States Code) shall initiate a debarment proceeding with respect to a person for whom information regarding a willful or repeated violation of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, is included in the database established under subsection (a) of such section.</ins>

## Sec. 899F Comptroller General report on contractor violations of certain labor laws — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Comptroller of the United States shall submit a report to Congress on the number of contractors—</ins>
- (1) <ins>that performed a contract with the Department of Defense during the five-year period preceding the date of the enactment of this Act; and</ins>
- (2) <ins>that have been found by the Department of Labor to have committed willful or repeat violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and the nature of the violations committed.</ins>

## Sec. 899G Reestablishment of Commission on Wartime Contracting — added

- (a) <ins>In general—</ins> <ins>There is hereby reestablished in the legislative branch under section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) the Commission on Wartime Contracting.</ins>
- (b) <ins>Amendment to duties—</ins> <ins>Section 841(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 231) is amended to read as follows:</ins>
  - <ins>“(1) General duties—The Commission shall study the following matters:</ins>
  - <ins>“(A) Federal agency contracting funded by overseas contingency operations funds.</ins>
  - <ins>“(B) Federal agency contracting for the logistical support of coalition forces operating under the authority of the 2001 or 2002 Authorization for the Use of Military Force.</ins>
  - <ins>“(C) Federal agency contracting for the performance of security functions in countries where coalition forces operate under the authority of the 2001 or 2002 Authorization for the Use of Military Force”</ins>
- (c) <ins>Conforming amendments—</ins> <ins>Section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended—</ins>
  - (1) <ins>in subsection (b)—</ins>
    - (A) <ins>in paragraph (1), by striking “the Committee on Oversight and Government Reform” each place it appears and inserting “the Committee on Oversight and Reform”;</ins>
    - (B) <ins>in paragraph (2), by striking “of this Act” and inserting “of the Wartime Contracting Commission Reauthorization Act of 2019”; and</ins>
    - (C) <ins>in paragraph (4), by striking “was first established” each place it appears and inserting “was reestablished by the Wartime Contracting Commission Reauthorization Act of 2019”; and</ins>
  - (2) <ins>in subsection (d)(1), by striking “On March 1, 2009” and inserting “Not later than one year after the date of enactment of the Wartime Contracting Commission Reauthorization Act of 2019”.</ins>

## Sec. 899H Federal contractor disclosure of unpaid Federal tax liability — added

- <ins>Section 2313(c) of title 41, United States Code, is amended by adding at the end the following:</ins>
- <ins>“(9) Any unpaid Federal tax liability of the person, but only to the extent all judicial and administrative remedies have been exhausted or have lapsed with respect to the Federal tax liability.”</ins>

## Sec. 899I Uniformity in application of micro-purchase threshold to certain task or delivery orders — added

- <ins>Section 4106(c) of title 41, United States Code, is amended by striking “$2,500” and inserting “the micro-purchase threshold under section 1902 of this title”.</ins>

## Sec. 899J Pilot program on payment of costs for denied Government Accountability Office bid protests — added

- <ins>Section 827 of the National Defense Authorization Act for Fiscal Year 2018 (10 U.S.C. 2304 note) is amended—</ins>
- (1) <ins>in subsection (a)—</ins>
  - (A) <ins>by inserting “direct” before “costs incurred”; and</ins>
  - (B) <ins>by striking “in processing” and inserting “by the Department in support of hearings to adjudicate”; and</ins>
- (2) <ins>in subsection (b), by striking “two years after the date of the enactment of this Act” and inserting “60 days after the Secretary of Defense certifies in writing to the congressional defense committees that the Department of Defense has business systems that have been independently audited and that can accurately identify the direct costs incurred by the Department of Defense in support of hearings to adjudicate covered protests”.</ins>

## Sec. 899K Requirement for contractors to report gross violations internationally recognized human rights — added

- (a) <ins>In general—</ins> <ins>A contractor performing a Department of Defense contract in a foreign country shall report possible cases of gross violations of internationally recognized human rights to the Secretary of Defense.</ins>
- (b) <ins>Report—</ins> <ins>Not later than 180 days after the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report that describes—</ins>
  - (1) <ins>the policies and procedures in place to obtain information about possible cases of gross violations of internationally recognized human rights from contractors described in subsection (a); and</ins>
  - (2) <ins>the resources needed to investigate reports made pursuant to subsection (a).</ins>
- (c) <ins>Form of report—</ins> <ins>The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Appropriate congressional committees—</ins> <ins>the term “appropriate congressional committees” means—</ins>
    - (A) <ins>the congressional defense committees; and</ins>
    - (B) <ins>the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.</ins>
  - (2) <ins>Gross violations of internationally recognized human rights—</ins> <ins>The term “gross violations of internationally recognized human rights” means torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, child sexual assault, and other flagrant denial of the right to life, liberty, or the security of person.</ins>

## Sec. 899L Congressional oversight of private security contractor contracts — added

- (a) <ins>Report of certain contracts and task orders—</ins> <ins></ins>
  - (1) <ins>Requirement regarding contracts and task orders—</ins> <ins>The Inspector General of the Department of Defense shall compile a report of the work performed or to be performed under a covered contract during the period beginning on October 1, 2001, and ending on the last day of the month during which this Act is enacted for work performed or work to be performed in areas of contingency operations.</ins>
  - (2) <ins>Form of submissions—</ins> <ins>The report required by paragraph (1) shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary.</ins>
- (b) <ins>Reports on contracts for work To be performed in areas of contingency operations and other significant military operations—</ins> <ins>The Inspector General of the Department of Defense shall submit to each specified congressional committee a report not later than 60 days after the date of the enactment of this Act that contains the following information:</ins>
  - (1) <ins>The number of civilians performing work in areas of contingency operations under covered contracts.</ins>
  - (2) <ins>The total cost of such covered contracts.</ins>
  - (3) <ins>The total number of civilians who have been wounded or killed in performing work under such covered contracts.</ins>
  - (4) <ins>A description of the disciplinary actions that have been taken against persons performing work under such covered contracts by the contractor, the United States Government, or the government of any country in which the area of contingency operations is located.</ins>
- (c) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Covered contract—</ins> <ins>The term “covered contract” means a contract for private security entered into by the Secretary of Defense in an amount greater than $5,000,000.</ins>
  - (2) <ins>Contingency operation—</ins> <ins>The term contingency operation has the meaning provided by section 101(a)(13) of title 10, United States Code.</ins>
  - (3) <ins>Specified congressional committees—</ins> <ins>The term specified congressional committees means the Committees on Armed Services of the Senate and the House of Representatives.</ins>

## Sec. 899M GAO report on contracting practices of the Corps of Engineers — added

- (a) <ins>Study required—</ins> <ins>The Comptroller General of the United States shall conduct a study on the contracting practices of the Corps of Engineers, with a specific focus on how the Corps of Engineers complies with and enforces the requirement to pay prevailing wages on federally financed construction jobs, as required by subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). The study shall consider the following:</ins>
  - (1) <ins>Any programs or protocols the Corps of Engineers has in place for the purpose of carrying out its Davis-Bacon Act enforcement obligations as set forth in the Federal Acquisition Regulation.</ins>
  - (2) <ins>Any programs or protocols the Corps of Engineers has in place for the purpose of identifying and addressing independent contractor misclassification on projects subject to the Davis-Bacon Act.</ins>
  - (3) <ins>The frequency with which the Corps of Engineers conducts site visits on each covered project to monitor Davis-Bacon Act compliance.</ins>
  - (4) <ins>The frequency with which the Corps of Engineers monitors certified payroll reports submitted by contractors and subcontractors on each covered project.</ins>
  - (5) <ins>Whether the Corps of Engineers accepts and investigates complaints of Davis-Bacon Act violations submitted by third parties, such as contractors and workers’ rights organizations.</ins>
  - (6) <ins>Whether the Corps of Engineers maintains a database listing all contractors and subcontractors who have, in one way or another, violated the Davis-Bacon Act and whether the Corps consults this database as part of its contract award process.</ins>
  - (7) <ins>The frequency, over the last five years, with which the Corps of Engineers penalized, disqualified, terminated, or moved for debarment of a contractor for Davis-Bacon violations.</ins>
  - (8) <ins>How the Corps of Engineers verifies that the contractors it hires for its projects are properly licensed.</ins>
- (b) <ins>Report to Congress—</ins> <ins>Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and Labor, the Committee on Armed Services, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate a report that summarizes the results of the study required under subsection (a), together with any recommendations for legislative or regulatory action that would improve the efforts of enforcing the requirement to pay prevailing wages on federally financed construction jobs.</ins>

## Sec. 899N Comptroller General report on defense business processes — added

- <ins>The Comptroller General of the United States shall submit to the congressional defense committees a report on the use of defense business processes (as described under section 2222 of title 10, United States Code) that includes—</ins>
- (1) <ins>an analysis of the extent to which the Department of Defense is developing a culture that recognizes the importance of business processes to achieving operational success;</ins>
- (2) <ins>an analysis of the extent to which the Department of Defense components are implementing business process reengineering initiatives necessary to achieving improved financial management;</ins>
- (3) <ins>an analysis of the quality of financial management training provided to employees of the Department; and</ins>
- (4) <ins>an identification of the steps taken by the Department of the Defense to institutionalize a culture that recognizes the importance of financial management.</ins>

## Sec. 912 Limitation on availability of funds for consolidation of Defense Media Activity

- (a) <ins>Sense of congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>the Defense Media Activity serves as a premier broadcasting and production center for America’s servicemembers and their families worldwide; and</ins>
  - (2) <ins>as the Department of Defense considers relocating some or all of the functions of the Defense Media Activity, Congress must have the opportunity to consider the impact and scope that such a decision would have on the Department’s ability to meet its current warfighting capabilities and ensure that the Defense Media Activity does not consolidate its facilities at the expense of satisfying its current mission requirements.</ins>
- (b) <ins>Limitation—</ins> <ins>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 Department of Defense may be used to consolidate the Defense Media Activity until a period of 180 days has elapsed following the date on which the Secretary of Defense submits the report required under subsection (c).</ins>
- (c) <ins>Report required—</ins> <ins>The Secretary of Defense shall submit to the congressional defense committees a report that includes the following:</ins>
  - (1) <ins>Any current or future plans to restructure, reduce, or eliminate the functions, personnel, facilities, or capabilities of the Defense Media Activity, including the timelines associated with such plans.</ins>
  - (2) <ins>Any modifications that have been made, or that may be made, to personnel compensation or funding accounts in preparation for, or in response to, efforts to consolidate the Defense Media Activity.</ins>
  - (3) <ins>Any contractual agreements that have been entered into to consolidate or explore the consolidation of the Defense Media Activity.</ins>
  - (4) <ins>Any Department of Defense directives or Administration guidance relating to efforts to consolidate the Defense Media Activity, including any directives or guidance intended to inform or instruct such efforts.</ins>
- (d) <ins>Consolidate defined—</ins> <ins>In this section, the term “consolidate”, means any action to reduce or limit the functions, personnel, facilities, or capabilities of the Defense Media Activity, including entering into contracts or developing plans for such reduction or limitation.</ins>
- <del>None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be used to consolidate the Defense Media Activity until a period of 180 days has elapsed following the date of the enactment of this Act.</del>

## Sec. 1005 Annual budget justification display for service-common and other support and enabling capabilities for special operations forces

- (a) In general— Chapter 9 of title 10, United States Code, is amended by inserting after section 225 the following new section:
  - “226. Special operations forces: display of service-common and other support and enabling capabilities
  - “(a) In general—The Secretary shall include, in the budget materials submitted to Congress under section 1105 of title 31 for fiscal year 2021 and any subsequent fiscal year, a consolidated budget justification display showing service-common and other support and enabling capabilities for special operations forces requested by a military service or Defense Agency. Such budget justification display shall include any amount for service-common or other capability development and acquisition, training, operations, pay, base operations sustainment, and other common services and support.
  - “(b) Service-common and other support and enabling capabilities—In this section, the term “service-common and other support and enabling capabilities” means capabilities provided in support of special operations that are not reflected in Major Force <del>Program-11 </del><ins>Program–11 </ins>or designated as special operations forces-peculiar.”
- (b) Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 225 the following new item:

## Sec. 1008 Transparency of accounting firms used to support Department of Defense audit — added

- <ins>Section 1006 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—</ins>
- (1) <ins>by striking “For all contract actions” and inserting “(a) In general.—For all contract actions”;</ins>
- (2) <ins>by inserting “fully adjudicated” before “disciplinary proceedings”; and</ins>
- (3) <ins>by adding at the end the following new subsections:</ins>
  - <ins>“(b) Treatment of statement—A statement setting for the details of a disciplinary proceeding submitted pursuant to subsection (a), and the information contained in such a statement, shall be—</ins>
  - <ins>“(1) treated as confidential to the extent required by the court or agency in which the proceeding has occurred; and</ins>
  - <ins>“(2) treated in a manner consistent with any protections or privileges established by any other provision of Federal law.</ins>
  - <ins>“(c) Definition of associated person—In this section, the term “associated persons” means, with respect to an accounting firm, any of the key personnel of the firm who are involved in the performance of a prime contract entered into by the firm with the Department of Defense.”</ins>

## Sec. 1014 Sense of Congress regarding Department of Defense counterdrug activities in the transit zone and Caribbean basin — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>combating transnational criminal organizations and illicit narcotics trafficking across the transit zone and the Caribbean basin, particularly in and around Puerto Rico and the United States Virgin Islands, is critical to the national security of the United States;</ins>
- (2) <ins>the Department of Defense should work with the Department of Homeland Security, the Department of State, and other relevant Federal, State, local, and international partners to improve surveillance capabilities and maximize the effectiveness of counterdrug operations in the region; and</ins>
- (3) <ins>the Secretary of Defense should, to the greatest extent possible, ensure United States Northern Command and United States Southern Command have the necessary assets to support and increase counter-drug activities within their respective areas of operations in the transit zone and the Caribbean basin.</ins>

## Sec. 1015 Assessment of impact of proposed border wall on volume of illegal narcotics — added

- <ins>The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall conduct an assessment of the impact that any planned or proposed border wall construction would have on the volume of illegal narcotics entering the United States.</ins>

## Sec. 1025 Use of competitive procedures for CVN–80 and CVN–81 dual aircraft carrier contract — added

- <ins>To the extent practicable and unless otherwise required by law, the Secretary of the Navy shall ensure that competitive procedures are used with respect to any task order or delivery order issued under a dual aircraft carrier contract relating to the CVN–80 and CVN–81.</ins>

## Sec. 1026 Report on expanding naval vessel maintenance — added

- (a) <ins>Report required—</ins> <ins>Not later than May 1, 2020, the Secretary of the Navy shall submit to the congressional defense committees a report on allowing maintenance to be performed on naval vessels at shipyards other than shipyards in the vessels’ homeports.</ins>
- (b) <ins>Elements—</ins> <ins>The report required under subsection (a) shall include the following:</ins>
  - (1) <ins>An assessment of the ability of homeport shipyards to meet the current naval vessel maintenance demands.</ins>
  - (2) <ins>An assessment of the ability of current homeport shipyards to meet the naval vessel maintenance demands of a 355-ship Navy.</ins>
  - (3) <ins>An assessment of the ability of non-homeport firms to augment repair work at homeport shipyards, which shall include—</ins>
    - (A) <ins>the capability and proficiency of shipyards in the Great Lakes, Gulf Coast, East Coast, West Coast, and Alaska regions to perform technical repair work on naval vessels at locations other than their homeports;</ins>
    - (B) <ins>the required improvements to the capability of shipyards in the Great Lakes, Gulf Coast, East Coast, West Coast, and Alaska regions to enable performance of technical repair work on naval vessels at locations other than their homeports;</ins>
    - (C) <ins>an identification of naval vessel types (such as noncombatant vessels or vessels that only need limited periods of time in shipyards) best suited for repair work performed by shipyards in locations other than their homeports; and</ins>
    - (D) <ins>the potential benefits to fleet readiness of expanding shipyard repair work to include shipyards not located at naval vessel homeports.</ins>
  - (4) <ins>An assessment of the benefits to the commercial shipyard industrial base of expanding repair work for naval vessels to shipyards not eligible for short-term work in accordance with section 8669a(c) of title 10, United States Code.</ins>
- (c) <ins>Homeport shipyards defined—</ins> <ins>In this section, the term “homeport shipyards” means shipyards associated with firms capable of being awarded short-term work at the homeport of a naval vessel in accordance with section 8669a(c) of title 10, United States Code.</ins>

## Sec. 1036 Establishing a coordinator for ISIS detainee issues — added

- (a) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State, shall designate an existing official within the Department of State to serve as senior-level coordinator to coordinate, in conjunction with the lead and other relevant agencies, all matters for the United States Government relating to the long-term disposition of Islamic State of Iraq and Syria (ISIS) foreign terrorist fighter detainees, including all matters in connection with—</ins>
  - (1) <ins>repatriation, transfer, prosecution, and intelligence-gathering;</ins>
  - (2) <ins>coordinating a whole-of-government approach with other countries and international organizations, including INTERPOL, to ensure secure chains of custody and locations of ISIS foreign terrorist fighter detainees;</ins>
  - (3) <ins>coordinating technical and evidentiary assistance to foreign countries to aid in the successful prosecution of ISIS foreign terrorist fighter detainees; and</ins>
  - (4) <ins>all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of ISIS foreign terrorist fighter detainees.</ins>
- (b) <ins>Retention of authority—</ins> <ins>The appointment of a senior-level coordinator pursuant to subsection (a) shall not deprive any agency of any authority to independently perform functions of that agency.</ins>
- (c) <ins>Annual report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, and not less frequently than once each year thereafter through January 21, 2021, the individual designated under subsection (a) shall submit to the appropriate committees of Congress a detailed report regarding high-value ISIS detainees that the coordinator reasonably determines to be subject to criminal prosecution in the United States.</ins>
  - (2) <ins>Elements—</ins> <ins>The report under paragraph (1) shall include, at a minimum, the following:</ins>
    - (A) <ins>A detailed description of the facilities where ISIS foreign terrorist fighter detainees described in paragraph (1) are being held.</ins>
    - (B) <ins>An analysis of all United States efforts to prosecute ISIS foreign terrorist fighter detainees described in paragraph (1) and the outcomes of such efforts. Any information, the disclosure of which may violate Department of Justice policy or law, relating to a prosecution or investigation may be withheld from a report under paragraph (1).</ins>
    - (C) <ins>A detailed description of any option to expedite prosecution of any ISIS foreign terrorist fighter detainee described in paragraph (1), including in a court of competent jurisdiction outside of the United States.</ins>
    - (D) <ins>An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of ISIS foreign terrorist fighter detainees described in paragraph (1), and an assessment of any measures available to mitigate such releases.</ins>
    - (E) <ins>A detailed description of all multilateral and other international efforts or proposals that would assist in the prosecution of ISIS foreign terrorist fighter detainees described in paragraph (1).</ins>
    - (F) <ins>An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share intelligence or evidence that may aid in the prosecution of members of the Islamic State of Iraq and Syria and associated forces, and any legal obstacles that may hinder such efforts.</ins>
    - (G) <ins>An analysis of the manner in which the United States Government communicates on such proposals and efforts to the families of United States citizens believed to be a victim of a criminal act by an ISIS foreign terrorist fighter detainee.</ins>
  - (3) <ins>Form—</ins> <ins>The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “appropriate committees of Congress” means—</ins>
    - (A) <ins>the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and</ins>
    - (B) <ins>the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.</ins>
  - (2) <ins>The term “ISIS foreign terrorist fighter detainee” means a detained individual—</ins>
    - (A) <ins>who allegedly fought for or supported the Islamic State of Iraq and Syria (ISIS); and</ins>
    - (B) <ins>who is a national of a country other than Iraq or Syria.</ins>
- (e) <ins>Sunset—</ins> <ins>The requirements under this section shall sunset on January 21, 2021.</ins>

## Sec. 1037 Modification of support of special operations to combat terrorism — added

- <ins>Section 127e of title 10, United States Code, is amended—</ins>
- (1) <ins>in subsection (a), by inserting “authorized” before “ongoing”; and</ins>
- (2) <ins>in subsection (d)(2)—</ins>
  - (A) <ins>in subparagraph (A), by inserting “and a description of the authorized ongoing operation” before the period at the end;</ins>
  - (B) <ins>by redesignating subparagraph (C) as subparagraph (D);</ins>
  - (C) <ins>by striking subparagraphs (B) and inserting the following new subparagraphs after subparagraph (A):</ins>
    - <ins>“(B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the authorized ongoing operation who will receive the funds provided under this section.</ins>
    - <ins>“(C) A detailed description of the support provided or to be provided to the recipient of the funds.”</ins>
  - (D) <ins>by adding at the end the following new subparagraphs:</ins>
    - <ins>“(E) A detailed description of the legal and operational authorities related to the authorized ongoing operation, including relevant execute orders issued by the Secretary of Defense and combatant commanders related to the authorized ongoing operation, including an identification of operational activities United States Special Operations Forces are authorized to conduct under such execute orders.</ins>
    - <ins>“(F) The duration for which the support is expected to be provided and an identification of the timeframe in which the provision of support will be reviewed by the combatant commander for a determination regarding the necessity of continuation of support.”</ins>

## Sec. 1038 Public availability of military commission proceedings — added

- <ins>Section 949d(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:</ins>
- <ins>“(4) In the case of any proceeding of a military commission under this chapter that is made open to the public, the military judge may order arrangements for the availability of the proceeding to be watched remotely by the public through the internet.”</ins>

## Sec. 1044 Modification and technical correction of authority for deployment of members of the Armed Forces to the southern land border of the United States

- (a) Authority— Subsection (a) of section 1059 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows:
  - “(a) Authority
  - “(1) In general—The Secretary of Defense may provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section.
  - “(2) Certification requirement—If the Secretary of Defense provides assistance under paragraph (1), not later than 30 days before the provision of such assistance, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives certification, in writing, that—
  - “(A) the provision of the assistance will not negatively affect military training, operations, readiness, or other military requirement, including the readiness of the National Guard and reserve <del>components; and</del><ins>components;</ins>
  - “(B) the tasks associated with the support provided align with the mission or occupational specialty of any members of the Armed Forces or units of the Armed Forces that are deployed; and
  - “(C) any task associated with the support is inherently governmental and cannot be performed by a contractor.
  - “(3) Notification requirement—Not later than 30 days before the deployment of any member of the Armed Forces or unit of the Armed Forces to the southern land border of the United States in support United States Customs and Border Protection pursuant to this section or any other provision of law, the Secretary of Defense shall provide to the Committees on Armed Forces of the Senate and House of Representatives notice of such deployment.”
- (b) Support— Subsection (e) of such section is amended—
  - (1) by striking “Of the amounts authorized to be appropriated for the Department of Defense by this Act, the” and inserting “The”;
  - (2) by striking “use up to $75,000,000 to”; and
  - (3) by inserting “on a reimbursable basis” after “subsection (a)”.
- (c) Reporting requirements— Subsection (f) of such section is amended to read as follows:
  - “(f) Reports
  - “(1) Report required—Not later than 30 days after the date on which any member of the Armed Forces is deployed along the southern land border of the United States at the request of the Secretary of Homeland Security, and every 90 days thereafter until no members are so deployed, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives a report that includes, for both the period covered by the report and the total period of the deployment, each of the following:
  - “(A) An identification of each unit of the Armed Forces so deployed, including for each such unit—
  - “(i) the duty station or location to which the unit is assigned;
  - “(ii) the unit designation;
  - “(iii) the size of the unit; and
  - “(iv) whether any personnel in the unit deployed under section 12302 of title 10, United States Code.
  - “(B) An identification of any training exercises that were planned prior to such deployment that included deployed units and were planned to be executed after the date of the deployment.
  - “(C) For each unit so deployed, the readiness rating of the unit before deployment and 15 days after the last day of such deployment.
  - “(D) The projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment.
  - “(E) A description of any specific pre-deployment training provided to any individual or unit before being so deployed, including the location and duration of any such training.
  - “(F) A description of the rules and additional guidance applicable to the deployment, including—
  - “(i) any special instructions provided to units so deployed prior to deployment;
  - “(ii) the standing rules for the use of force for deployed personnel; and
  - “(iii) whether personnel carry assigned weapons and are issued ammunition.
  - “(G) A description of the life support conditions, including living quarters and food ration cycles, associated with such deployment and associated costs.
  - “(H) A map indicating the locations where units so deployed are housed.
  - “(I) A map indicating the locations where units so deployed are conducting their assigned mission and an explanation for the choice of such locations.
  - “(J) A description of the specific missions and tasks, by location, that are assigned to the members of the Armed Forces who are so deployed.
  - “(K) The total amount of funds obligated or expended to provide support along the southern border of the United States, including costs associated with personnel (set forth separately from any special pay and allowances), transportation, operations, and any materials used in support of any such deployment or support provided.
  - “(L) An assessment of the ongoing efficacy and cost-effectiveness of the provision of such assistance, including a comparison to the execution by United States Customs and Border Protection, the strategy and recommendations of the Secretary to address the challenges on the southern border of the United States and to enhance the effectiveness of such assistance, and a plan to transition the functions performed by the members of the Armed Forces pursuant to such assistance.
  - “(M) The justification of United States Customs and Border Protection determining each location where the Department of Defense provides support under this section and any actions taken by the Department of Homeland Security to complete the mission or tasks before requesting support from the Department of Defense and determining when support from the Department of Defense is needed, including—
  - “(i) copies of any relevant documents that describe the factors taken into consideration in requesting support from the Department of Defense;
  - “(ii) the analysis that informs the placement of members of the Armed Forces along the southern land border of the United States; and
  - “(iii) any memorandum, including requests for assistance and responses to such requests, shared between the Department of Homeland Security and the Department of Defense regarding the need for the deployment of members of the Armed Forces along the southern land border of the United States.
  - “(2) Form of report—Each report submitted under this subsection shall be submitted in unclassified form and without any designation relating to dissemination control, but may include a classified annex.”
- (d) Termination of authority— Such section is further amended by adding at the end the following new subsection:
  - “(g) Termination—The authority under this section shall terminate on September 30, 2023.”
- (e) Classification— The Law Revision Counsel is directed to place this section in a note following section 284 of title 10, United States Code.

## Sec. 1045 Limitation on use of funds for the inactivation of Army watercraft units

- None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 may be obligated or expended for the inactivation of any Army watercraft unit until the Secretary of Defense submits to Congress certification that—
- (1) the Secretary has completed the Army Watercraft Requirements Review;
- (2) the Secretary has entered into a contract with a federally funded research and development corporation for the review of the ability of the Army to meet the watercraft requirements of the combatant <del>commanders; </del><ins>commanders and the effects on preparedness to provide support to States and territories in connection with natural disasters, threats, and emergencies; </ins>and
- (3) the federally funded research and development corporation has completed such review and validated the findings of such review.

## Sec. 1049 Limitation on use of funds for providing housing for unaccompanied alien children

- (a) Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be used to provide assistance to the Department of Health and Human Services for the purpose of providing housing for unaccompanied alien children unless the Secretary of Defense submits to Congress certification that—
  - (1) the proposed site for the <del>housing meets the standards of the Department of Health and Human Services, including those provided under the Flores settlement agreement;</del><ins>housing—</ins>
    - (A) <ins>will not be used to house any unaccompanied alien children for longer than the deadlines set forth in paragraph (12) of the Flores settlement agreement, and complies with the other requirements of such paragraph (12); or</ins>
    - (B) <ins>if the proposed site will be used to house any unaccompanied alien children for longer than such deadlines, the proposed site meets the standards for “licensed programs” as defined in the Flores settlement agreement, including by being licensed by an appropriate State agency to provide residential, group, or foster care services for dependent children; and</ins>
  - (2) identifies any known or potential environmental hazards at or near the proposed site;
  - (3) describes the actions taken or to be taken to mitigate any such hazard; and
  - (4) identifies any waivers or exceptions to standards of the Department of Health and Human Services, including the Flores settlement agreement, that have been requested or granted with regard to the site.
- (b) Definitions— In this section:
  - (1) The term “unaccompanied alien children” has the meaning given such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279)).
  - (2) The term “Flores settlement agreement” means the stipulated settlement agreement filed on January 17, 1997, in the United States District Court for the Central District of California in Flores v. Reno, CV 85–4544–RJK.

## Sec. 1050 United States Munitions List — added

- <ins>The President may not remove from the United States Munitions List any item that was included in category I, II, or III of the United States Munitions List, as in effect on August 31, 2017.</ins>

## Sec. 1050A Limitation on use of funds for reimbursement of expenses at certain properties — added

- (a) <ins>Limitation—</ins> <ins>None of the funds made available for the Department of Defense may be obligated or expended to the following properties or to an entity with an ownership interest in such property:</ins>
  - (1) <ins>Trump Vineyard Estates.</ins>
  - (2) <ins>Trump International Hotel & Tower, Chicago.</ins>
  - (3) <ins>Mar-A-Lago Club.</ins>
  - (4) <ins>Trump Grande Sunny Isles.</ins>
  - (5) <ins>Trump Hollywood.</ins>
  - (6) <ins>Trump Towers Sunny Isles.</ins>
  - (7) <ins>Trump Plaza New Jersey.</ins>
  - (8) <ins>Trump International Hotel, Las Vegas.</ins>
  - (9) <ins>The Estates at Trump National.</ins>
  - (10) <ins>610 Park Avenue, New York City.</ins>
  - (11) <ins>Trump International Hotel & Tower, New York.</ins>
  - (12) <ins>Trump Palace.</ins>
  - (13) <ins>Trump Parc.</ins>
  - (14) <ins>Trump Parc East.</ins>
  - (15) <ins>Trump Park Avenue.</ins>
  - (16) <ins>Trump Park Residences, Yorktown.</ins>
  - (17) <ins>Trump Place.</ins>
  - (18) <ins>Trump Plaza, New Rochelle.</ins>
  - (19) <ins>Trump Soho, New York City.</ins>
  - (20) <ins>Trump Tower at City Center, Westchester.</ins>
  - (21) <ins>Trump Tower, New York City.</ins>
  - (22) <ins>Trump World Tower.</ins>
  - (23) <ins>Trump Parc, Stamford.</ins>
  - (24) <ins>Trump International Hotel and Tower, Waikiki Beach Walk.</ins>
  - (25) <ins>Trump Towers, Istanbul Sisli.</ins>
  - (26) <ins>Trump Ocean Club.</ins>
  - (27) <ins>Trump International & Tower Hotel, Toronto.</ins>
  - (28) <ins>Trump Tower at City Century City, Makati, Philippines.</ins>
  - (29) <ins>Trump Tower, Mumbai.</ins>
  - (30) <ins>Trump Towers, Pune.</ins>
  - (31) <ins>Trump Tower, Punta Del Este, Uruguay.</ins>
  - (32) <ins>Trump International Hotel & Tower, Vancouver.</ins>
  - (33) <ins>40 Wall Street, New York City.</ins>
  - (34) <ins>1290 Avenue of the Americas, New, York City.</ins>
  - (35) <ins>Trump International Hotel, Washington</ins>
  - (36) <ins>555 California Street, San Francisco.</ins>
  - (37) <ins>Trump Tower, Rio de Janeiro.</ins>
  - (38) <ins>Trump International Golf Links & Hotel, Doonbeg, Ireland.</ins>
  - (39) <ins>Trump National Doral, Miami.</ins>
  - (40) <ins>Trump Ocean Club, Panama City, Panama.</ins>
  - (41) <ins>Albemarle Estate at Trump Winery, Charlottesville, Virginia.</ins>
  - (42) <ins>Trump International Golf Links, Scotland.</ins>
  - (43) <ins>Trump National Golf Club, Bedminster.</ins>
  - (44) <ins>Trump National Golf Club, Charlotte.</ins>
  - (45) <ins>Trump National Golf Club, Colts Neck.</ins>
  - (46) <ins>Trump International Golf Links, Ireland.</ins>
  - (47) <ins>Trump Golf Links at Ferry Point, New York.</ins>
  - (48) <ins>Trump National Golf Club, Hudson Valley.</ins>
  - (49) <ins>Trump National Golf Club, Jupiter.</ins>
  - (50) <ins>Trump National Golf Club, Los Angeles.</ins>
  - (51) <ins>Trump International Golf Club, West Palm Beach.</ins>
  - (52) <ins>Trump National Golf Club, Philadelphia.</ins>
  - (53) <ins>Trump International Golf Club, Dubai.</ins>
  - (54) <ins>Trump World Golf Club, Dubai.</ins>
  - (55) <ins>Trump Turnberry, Scotland.</ins>
  - (56) <ins>Trump National Golf Club, Potomac Falls, Virginia.</ins>
  - (57) <ins>Trump National Golf Club, Westchester.</ins>
- (b) <ins>Waiver—</ins> <ins>The President may issue a waiver to the limitation under subsection (a) for costs incurred with respect to the properties listed above if the president reimburses the Department of the Treasury for the amount of the cost associated with the expense.</ins>

## Sec. 1050B Limitation on use of funds for exhibition of parade of military forces and hardware for review by the President — added

- <ins>None of the funds authorized to be appropriated by this Act or otherwise appropriated for Fiscal Year 2020 for the Department of Defense may be obligated or expended for any exhibition or parade of military forces and hardware, with the exception of the display of small arms and munitions appropriate for customary ceremonial honors and for the participation of military units that perform customary ceremonial duties, for review by the President in a public or private exercise outside of authorized military operations or activities.</ins>

## Sec. 1050C Prohibition on use of DoD equipment, personnel, and facilities for ICE detention — added

- <ins>No facilities, equipment, or personnel of the Department of Defense may be used to house or construct any housing for any foreign nationals who are in the custody of and detained by U.S. Immigration and Customs Enforcement.</ins>

## Sec. 1064 Inclusion of certain individuals investigated by Inspectors General in the semiannual report

- Section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
- (1) in paragraph (21), by striking “; and” at the end and inserting a semicolon;
- (2) in paragraph (22), by striking the period at the end and inserting “; and”; and
- (3) by inserting after paragraph (22) the following new paragraph:
  - “(23) the name of each individual who is the subject of an investigation if the individual was an officer in the grade of <del>O-7 </del><ins>O–7 </ins>and above, including officers who have been selected for promotion to <del>O-7, </del><ins>O–7, </ins>or a civilian member of the Senior Executive Service.”

## Sec. 1065 Annual report on Joint Military Information Support Operations Web Operations Center

- (a) In general— Not later than March 1 of 2020, and each subsequent year until the termination date specified in subsection (c), the Commander of United States Special Operations Command shall submit to the congressional defense committees a report on the activities of the Joint Military Information Support Operations Web Operations Center (hereinafter referred to as the “JMWC”) during the most recently concluded fiscal year.
- (b) Contents of report— The report required by subsection (a) shall include each of the following, for the fiscal year covered by the report:
  - (1) Definitions of initial operating capability and full operational capability as such terms relate to the JMWC.
  - (2) A detailed description of all activities conducted toward achieving initial operating capability and full operational capability of the JMWC.
  - (3) A list of all associated funding requested for each program element for achieving initial operating capability and full operational capability.
  - (4) A detailed description of validated doctrine, organization, training, materiel, leadership and education, personnel, facilities, and policy requirements relating to establishment of the JMWC.
  - (5) A description of current JMWC capabilities, including information technology infrastructure and contractual arrangements.
  - (6) A list of all physical locations hosting JMWC capabilities.
  - (7) The number of military, contractor, and civilian personnel associated with the JMWC and any affiliated agency, service, or other Department of Defense entity.
  - (8) A description of the JMWC personnel organizational structure.
  - (9) An identification of inherently governmental functions relating to administration of the JMWC and execution of Military Information Support Operations (hereinafter referred to as <del>“MISO )” </del><ins>“MISO)” </ins>programs hosted by the JMWC.
  - (10) A detailed description of frameworks, metrics, and capabilities established to measure the effectiveness of MISO programs hosted by the JMWC.
  - (11) A list of all associated funding requested by program element from each of the geographic combatant commanders for MISO programs hosted by the JMWC and a description of such MISO activities.
  - (12) An assessment of the effectiveness of MISO programs hosted by the JMWC.
  - (13) A description of efforts and activities conducted to share best practices and leverage lessons learned across the Department of Defense relating to MISO programs hosted by the JMWC, as well as a description of such best practices and lessons learned.
  - (14) An identification of liaisons and detailees to the JMWC from agencies and elements of the Department of Defense.
  - (15) Activities and efforts conducted to synchronize and deconflict MISO programs within the Department of Defense and with interagency and international partners related to strategic communications, as appropriate.
  - (16) Such other information as the Commander determines appropriate.
- (c) Termination— The requirement to submit a report under this section shall terminate on January 1, 2025.

## Sec. 1066 Mobility capability requirements study

- (a) In general— The Commander of the United States Transportation Command, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall conduct a study of the end-to-end, full-spectrum mobility requirements to fulfill the national defense strategy required by section 113(g) of title 10, United States Code, for 2018. Such study shall be completed not later than January 1, 2021.
- (b) Elements of study— The study required under subsection (a) shall include each of the following:
  - (1) An assessment of the ability of the programmed airlift aircraft, tanker aircraft, sealift ships, and key mobility enablers to meet the integrated mobility requirements in expected strategic environments, as defined by the guidance in such national defense strategy.
  - (2) An identification, quantification, and description of the associated risk-to-mission (as defined by Chairman of the Joint Chiefs of Staff Manual 3105.01, Joint Risk Analysis) required to fulfill such strategy, including—
    - (A) as assessment of risk-to-mission associated with achieving strategic and operational objectives using the programmed airlift aircraft, tanker aircraft, sealift ships, and key mobility enablers; and
    - (B) a description of the combinations of airlift aircraft, tanker aircraft, sealift ships, and key mobility enabler requirements and capabilities that provide low, moderate, significant, and high levels of risk-to-mission to fulfill such strategy.
  - (3) An identification of any mobility capability gaps, shortfalls, overlaps, or excesses, including—
    - (A) an assessment of associated risks with respect to the ability to conduct operations; and
    - (B) recommended mitigation strategies where possible.
  - (4) The articulation of all key assumptions and decisions made and excursions examined in conducting the study with respect to—
    - (A) risk;
    - (B) programmed forces and infrastructure;
    - (C) the availability of commercial airlift and sealift capabilities and resources, when applicable;
    - (D) aircraft usage rates, aircraft mission availability rates, aircraft mission capability rates, aircrew ratios, aircrew production, and aircrew readiness rates;
    - (E) readiness, crewing, and activation rates for sealift ships;
    - (F) prepositioning, forward stationing, seabasing, engineering, and infrastructure;
    - (G) demand signals used to represent missions described in the national defense strategy for 2018, in competition and wartime;
    - (H) concurrency and global integration of demand signals;
    - (I) integrated global presence and basing strategy;
    - (J) host nation or third-country support;
    - (K) adversary actions to degrade and disrupt United States mobility operations;
    - (L) <ins>adversary actions that threaten freedom of navigation on international waterways, including attacks on foreign ships and crews;</ins>
    - (M) [was (3)(6)(13)] aircraft being used for training or undergoing depot maintenance or modernization or ships undergoing depot maintenance;
    - (N) [was (3)(6)(14)] mobility enabling forces availability, readiness, and use;
    - (O) [was (3)(6)(15)] logistics concept of operations, including any support concepts, methods, combat support forces, and combat service support forces that are required to enable the projection and enduring support to forces both deployed and in combat for each analytic scenario;
    - (P) [was (3)(6)(16)] anticipated attrition rates for the assessed force structure; and
    - (Q) [was (3)(6)(17)] such other matters as the Commander determines appropriate.
  - (5) Such other elements as the Commander determines appropriate.
- (c) Reports and briefings—
  - (1) Interim report and briefing— Not later than June 1, 2020, the Commander of the United States Transportation Command, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall—
    - (A) submit to the Committee on Armed Services of the House of Representatives an interim report on the study; and
    - (B) provide to such Committee a briefing on the report.
  - (2) Final report and briefing— Not later than January 1, 2021, the Commander of the United States Transportation Command, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, shall—
    - (A) submit to the Committee on Armed Services of the House of Representatives a final report on the study; and
    - (B) provide to such Committee a briefing on the report.
  - (3) Form of reports— The reports required by paragraphs (1) and (2) shall be submitted in unclassified form, but may include a classified annex.
- (d) Definition of sealift ship— In this section, the term “sealift ship” includes surge sealift vessels, tanker vessels, and non-governmental vessels incorporated as part of the maritime logistics enterprise.

## Sec. 1072 Annual report on strikes undertaken by the United States against terrorist targets outside areas of active hostilities

- (a) Annual report— Not later than May 1 of each year, the <del>Secretary </del><ins>Director </ins>of <del>Defense </del><ins>National Intelligence </ins>shall submit to Congress a report on the number of strikes undertaken by the United States against terrorist targets outside areas of active hostilities during the preceding calendar year, as well as assessments of combatant and non-combatant deaths resulting from those strikes.
- (b) Contents of report— The report required by subsection (a) shall include—
  - (1) information obtained from relevant agencies regarding the general sources of information and methodology used to conduct the assessments of combatant and non-combatant deaths;
  - (2) to the extent feasible and appropriate, the general reasons for discrepancies between post-strike assessments from the United States and credible reporting from nongovernmental organizations regarding non-combatant deaths resulting from strikes undertaken by the United States against terrorist targets outside areas of active hostilities.
- (c) Review of post-strike reporting— In preparing a report under this section, the <del>Secretary </del><ins>Director </ins>shall review relevant and credible post-strike all-source reporting, including such information from nongovernmental sources, for the purpose of ensuring that this reporting is available to and considered by relevant agencies in their assessment of deaths.
- (d) Form of report— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

## Sec. 1075 Sense of Congress regarding modular airborne fire fighting system; report — added

- (a) <ins>Findings—</ins> <ins>Congress makes the following findings:</ins>
  - (1) <ins>Congress established the Modular Airborne Fire Fighting System (in this section referred to as “MAFFS”) after civilian fire fighting tanker fleets were overwhelmed by the 1970 Laguna Fire that killed eight individuals and destroyed 382 homes.</ins>
  - (2) <ins>Air National Guard C–130 aircraft equipped with the MAFFS provide emergency capability to supplement existing commercial tanker support on wildland fires.</ins>
  - (3) <ins>A MAFFS II unit can discharge its load of 3,000 gallons of flame retardant in less than five seconds, covering an area one-quarter of a mile long and 60 feet wide.</ins>
  - (4) <ins>Air National Guard and Air Force Reserve units equipped with MAFFS II have provided critical support in fire fighting response efforts in recent years, including the Camp and Woolsey Fires in November 2018.</ins>
  - (5) <ins>The National Guard Bureau is currently developing a replacement system to the current, aging fleet of MAFFS II systems.</ins>
  - (6) <ins>The current MAFFS II system requires significant maintenance and repair, including deteriorating compression systems, that could reduce MAFFS capability in as soon as two years.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>MAFFS provides a necessary capability to support national, State, and local fire fighting response efforts;</ins>
  - (2) <ins>fire fighting response would be severely affected if MAFFS II or replacement MAFFS systems were not available, including reducing the number of sorties and drops planes can fly during emergencies; and</ins>
  - (3) <ins>the Department of Defense should use funding provided under the National Guard and Reserve Equipment Account to develop, sustain and maintain continued MAFFS capability, including IMAFFS systems to replace the current fleet.</ins>
- (c) <ins>Report—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees regarding plans of the Secretary to fund long-term sustainment and operation and maintenance of MAFFS capabilities, including plans for the National Guard Bureau to submit program objective memoranda for funding for lifetime costs to the Department of Defense to be included in future Department of Defense Budget Requests, including the feasibility of establishing a dedicated program-of-record.</ins>

## Sec. 1076 Report on backlog of personnel security clearance adjudications — added

- (a) <ins>In general—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, and quarterly thereafter for five years, the Suitability Executive Agent, shall submit to Congress a report on the backlog of personnel security clearance adjudications. Such report shall include—</ins>
  - (1) <ins>the size of the backlog of personnel security clearance adjudications, by agency, for the fiscal quarter preceding the quarter during which the report is submitted;</ins>
  - (2) <ins>the average length of time, for each security clearance sensitivity level, to carry out an initial adjudication and an adjudication following a periodic reinvestigation, by agency;</ins>
  - (3) <ins>the number of cases referred to the Consolidated Adjudication Facility of the Department of Defense;</ins>
  - (4) <ins>the number of cases adjudicated by the Consolidated Adjudication Facility of the Department of Defense compared to the number of cases deferred to continuous evaluation or vetting;</ins>
  - (5) <ins>the number of adjudicators by agency; and</ins>
  - (6) <ins>a backlog mitigation plan, which shall include—</ins>
    - (A) <ins>the identification of the cause of, and recommendations to remedy, the adjudication backlog at Federal agencies; and</ins>
    - (B) <ins>the steps the Suitability Executive Agency shall take to reduce the adjudication backlog.</ins>
- (b) <ins>Public availability—</ins> <ins>The report required under subsection (a) shall be made publicly available.</ins>

## Sec. 1077 Report on policies relating to small farms — added

- <ins>Not later than 90 days after the date of the enactment of this Act, the Defense Logistics Agency and the Defense Commissary Agency shall submit to the congressional defense committees a report on the programs, policies, and practices of the Defense Logistics Agency and Defense Commissary Agency, respectively, relating to small farms, farms owned by new and beginning farmers, and farmers who are veterans or minorities, including a description of opportunities and barriers to expanding the use of such programs, policies, or practices.</ins>

## Sec. 1078 Report on artificial intelligence — added

- (a) <ins>In general—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with head of the Joint Artificial Intelligence Center, shall submit to the appropriate congressional committees a report on the artificial intelligence strategy of the Department of Defense.</ins>
- (b) <ins>Elements—</ins> <ins>The report under subsection (a) shall include the following:</ins>
  - (1) <ins>Analysis of the increasing use of artificial intelligence technology by the Department of Defense and the effects of such technology on the Department.</ins>
  - (2) <ins>Identification of the data necessary for the Secretary to properly conduct the analysis under paragraph (1), including identification of any gaps in the availability of such data.</ins>
  - (3) <ins>The plan of the Secretary to protect systems that use artificial intelligence from bad actors and any attempts by individuals to misrepresent or alter information used or provided by artificial intelligence.</ins>
  - (4) <ins>Analysis of the expected benefits of artificial intelligence for the operation of the Armed Forces over the period of 20 years following the year in which the report is submitted.</ins>
  - (5) <ins>Analysis of the potential of artificial intelligence to improve multi-domain operations across the Armed Forces.</ins>
  - (6) <ins>Identification of any ethical guidelines applicable to the use of artificial intelligence by the Department.</ins>
  - (7) <ins>The plan of the Secretary to ensure collaboration among the Department, industry, academia, and national laboratories on matters relating to the research, development, test, and evaluation, contracting, acquisition, and onboarding of artificial intelligence technology.</ins>
- (c) <ins>Collaboration—</ins> <ins>In preparing the report under subsection (a), the Secretary of Defense may collaborate, through a series of meetings, roundtables, or by other means, with—</ins>
  - (1) <ins>a broad range of industrial stakeholders in the technology, manufacturing, and service sectors, including large and small companies, think tanks, and industry organizations; and</ins>
  - (2) <ins>the heads of any other Federal agencies the Secretary determines to be appropriate.</ins>
- (d) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term appropriate congressional committees means—</ins>
  - (1) <ins>the Committees on Armed Services of the Senate and the House of Representatives;</ins>
  - (2) <ins>the Committee on Science, Space, and Technology of the House of Representatives;</ins>
  - (3) <ins>the Committee on Commerce, Science, and Transportation of the Senate;</ins>
  - (4) <ins>the Permanent Select Committee on Intelligence of the House of Representatives; and</ins>
  - (5) <ins>the Select Committee on Intelligence of the Senate.</ins>

## Sec. 1079 Report on financial costs of overseas United States military posture and operations — added

- <ins>Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the financial costs and national security benefits of each of the following for fiscal year 2019:</ins>
- (1) <ins>Operating, improving, and maintaining overseas military infrastructure at installations included on the enduring location master list, including adjustments that take into account direct or in-kind contributions made by the host nations of such enduring locations.</ins>
- (2) <ins>Operating, improving, and maintaining overseas military infrastructure supporting forward-deployed forces at overseas contingency locations, including adjustments that take into account direct or in-kind contributions made by the host nations of such enduring locations.</ins>
- (3) <ins>Overseas military operations, including support to contingency operations, rotational deployments, and training exercises.</ins>

## Sec. 1080 Human rights in Brazil — added

- <ins>No later than 180 days after enactment of the Act, the Secretary of Defense and the Secretary of State shall jointly submit a report to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate, including—</ins>
- (1) <ins>an assessment of the human rights climate in Brazil and the commitment to human rights by the security forces of Brazil, including military and civilian forces;</ins>
- (2) <ins>an assessment of whether Brazilian security-force units that are found to be engaged in human rights abuses may have received or purchased United States equipment and training; and</ins>
- (3) <ins>if warranted, a strategy to address any found human rights abuses by the security forces of Brazil, including in the context of Brazil’s newly conferred Major Non-NATO Ally status.</ins>

## Sec. 1080A Report on Combating Trafficking in Persons Initiative — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an analysis of the progress of the Department of Defense in implementing the Combating Trafficking in Persons Initiative, published in 2007 and as revised on June 21, 2019.</ins>

## Sec. 1080B Public availability of Chief Management Office annual budget reports — added

- <ins>Section 132a(c)(1)(B) of title 10, United States Code, is amended—</ins>
- (1) <ins>by striking “The Chief Management Officer” and inserting “(i) The Chief Management Officer”; and</ins>
- (2) <ins>by adding at the end the following new clause:</ins>
  - <ins>“(ii) Each report required under clause (i) shall be made publicly available on an internet website in a searchable format.”</ins>

## Sec. 1080C Report regarding outstanding GAO recommendations — added

- <ins>Not later than September 30, 2020, the Secretary of Defense shall submit a report to Congress regarding—</ins>
- (1) <ins>each of the 91 priority recommendations of the Comptroller General regarding matters of Department of Defense in report GAO–19–366SP, dated March 2019, that the Secretary has not implemented by that date;</ins>
- (2) <ins>an explanation for why the Secretary has not implemented such recommendations;</ins>
- (3) <ins>if a reason under paragraph (2) is funding, the estimated cost for such implementation.</ins>

## Sec. 1080D Plan to increase and expand cold weather training — added

- (a) <ins>Findings—</ins> <ins>Congress makes the following findings:</ins>
  - (1) <ins>The strategic importance of the Arctic continues to increase as the United States and other countries recognize the military and economic importance of the region. However, the operational capabilities of the United States Armed Forces in extreme cold weather or Arctic environments have atrophied when compared to regional adversaries.</ins>
  - (2) <ins>The 2018 national defense strategy stated “The central challenge to U.S. prosperity and security is the reemergence of long-term, strategic competition by what the National Security Strategy classifies as revisionist powers.”.</ins>
  - (3) <ins>The Government of the Russian Federation—</ins>
    - (A) <ins>has made significant military investments in the Arctic, including the creation of an Arctic Command, the Northern Fleet Joint Strategic Command;</ins>
    - (B) <ins>has emplaced an Air Defense Missile Regiment throughout the Arctic;</ins>
    - (C) <ins>has invested in the construction or refurbishment of 16 deepwater ports and 14 airfields in the region and has conducted significant military exercises.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that the Arctic is a region of strategic importance to the national security interests of the United States and the Department of the Army must increase and expand its cold weather training capabilities to ensure that United States Armed Forces can operate in Arctic conditions necessary to compete against a near peer adversary and to execute the national defense strategy of the United States.</ins>
- (c) <ins>Assessment required—</ins> <ins>The Secretary of the Army shall—</ins>
  - (1) <ins>conduct an assessment of cold weather training requirements in light of increased operations and vulnerability to great power competition in the Arctic; and</ins>
  - (2) <ins>develop a plan to increase and expand cold weather training opportunities.</ins>
- (d) <ins>Elements—</ins> <ins>In conducting the assessment and developing the plan as required under subsection (c), the Secretary shall—</ins>
  - (1) <ins>assess all existing cold weather training requirements to include requirements for extreme cold, or Arctic conditions;</ins>
  - (2) <ins>identify capability gaps in confronting adversaries in the Arctic that can be addressed by increased and improved training;</ins>
  - (3) <ins>make recommendations for strengthening and improving those training requirements and mitigation measures needed to address the capabilities gaps necessary to confront adversaries;</ins>
  - (4) <ins>assess existing cold weather training sites;</ins>
  - (5) <ins>consider steps necessary to increase student capacity at such sites;</ins>
  - (6) <ins>consider manpower and supply requirements, including cadre needed to support increased student capacity; and</ins>
  - (7) <ins>address any other matters the Secretary of the Army considers relevant.</ins>
- (e) <ins>Submittal to Congress—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives the plan required by subsection (c).</ins>

## Sec. 1080E Comptroller General review of Department of Defense support for the Department of Homeland Security operations on the southwest border of the United States — added

- (a) <ins>Review required—</ins> <ins>The Comptroller General of the United States shall conduct a review of ongoing and planned future Department of Defense support for Department of Homeland Security operations to secure the southwest border of the United States.</ins>
- (b) <ins>Report and briefing—</ins> <ins></ins>
  - (1) <ins>Briefing—</ins> <ins>Not later than 180 days after beginning to conduct the review required under subsection (a), the Comptroller General shall provide to the Committees on Armed Services and Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and Homeland Security of the House of Representatives a briefing on the review.</ins>
  - (2) <ins>Report—</ins> <ins>Subsequent to providing the briefing under paragraph (1), the Comptroller General shall submit to the Committees on Armed Services and Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and Homeland Security of the House of Representatives a report on the review.</ins>

## Sec. 1087 Assessment of standards, processes, procedures, and policy relating to civilian casualties

- (a) Assessment required— The Secretary of Defense shall enter into an agreement with a federally funded research and development center for the conduct of an independent assessment of the sufficiency of Department of Defense standards, processes, procedures, and policy relating to civilian casualties resulting from United States military operations.
- (b) Matters to be considered— In conducting the assessment under this section, the federally funded research and development center shall consider the following matters:
  - (1) Department of Defense policy relating to civilian casualties resulting from United States military operations.
  - (2) Standards, processes, and procedures for internal assessments and investigations of civilian casualties resulting from United States military operations.
  - (3) Standards, processes, and procedures for identifying, assessing, investigating, and responding to reports of civilian casualties resulting from United States military operations from the public and non-governmental entities and sources, including the consideration of relevant information from all available sources.
  - (4) Combatant command organizational constructs for assessing and investigating civilian casualties resulting from United States military operations.
  - (5) Mechanisms for public and non-governmental entities to report civilian casualties that have resulted from United States military operations to the Department of Defense.
  - (6) Enterprise-wide mechanisms for accurately recording kinetic strikes, including raids, strikes, and other missions, and civilian casualties resulting from United States military operations.
  - (7) <ins>An analysis of reasons for any disparity between third party public estimates and official United States Government estimates of civilian casualties resulting from United States or joint operations, including with respect to each specific mission, strike, engagement, raid, or incident.</ins>
  - (8) <ins>A comparison of a representative sample of pre-strike collateral damage estimates and confirmed civilian casualty incidents for the purposes of developing possible explanations for any gaps between the two and assessing how to reduce such gaps.</ins>
  - (9) [was (3)(9)] Standards, processes, procedures, and policy for reducing the likelihood of civilian casualties from United States military operations.
  - (10) <ins>The institutionalization of lessons learned and best practices for reducing the likelihood of civilian casualties and relating to civilian casualties resulting from United States military operations, including an analysis of the principal and secondary causes of civilian casualties in a suitably representative sample of air operations that includes both planned and dynamic strikes.</ins>
  - (8) <del>The institutionalization of lessons learned and best practices for reducing the likelihood of civilian casualties and relating to civilian casualties resulting from United States military operations.</del>
  - (11) [was (3)(11)] Any other matters the Secretary of Defense determines appropriate.
- (c) Assessment results— The results of the assessment under this section shall—
  - (1) present considerations for improving standards, processes, procedures, policy, and organizational constructs relating to civilian casualties resulting from military operations;
  - (2) provide for the presentation of Department of Defense views on the assessment; and
  - (3) provide for the presentation of the views of non-governmental organizations on the assessment.
- (d) Report to Congress—
  - (1) In general— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees <ins>and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives </ins>a report containing the results of the assessment conducted under this section.
  - (2) Form of report— The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
  - (3) Public availability— The Secretary shall make the report under paragraph (1) publicly available.

## Sec. 1089 Securing American science and technology

- (a) Interagency working group—
  - (1) In general— The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, in consultation with the National Security Advisor, shall establish an interagency working group to coordinate activities to protect federally funded research and development from foreign interference, cyberattacks, theft, or espionage and to develop common definitions and best practices for Federal science agencies and grantees, while accounting for the importance of the open exchange of ideas and international talent required for scientific progress and American leadership in science and technology.
  - (2) Membership—
    - (A) In general— The working group shall include a representative of—
      - (i) the National Science Foundation;
      - (ii) the Department of Energy;
      - (iii) the National Aeronautics and Space Administration;
      - (iv) the National Institute of Standards and Technology;
      - (v) the Department of Commerce;
      - (vi) the National Institutes of Health;
      - (vii) the Department of Defense;
      - (viii) the Department of Agriculture;
      - (ix) the Department of Education;
      - (x) the Department of State;
      - (xi) the Department of the Treasury;
      - (xii) the Department of Justice;
      - (xiii) the Department of Homeland Security;
      - (xiv) the Central Intelligence Agency;
      - (xv) the Federal Bureau of Investigation;
      - (xvi) the Office of the Director of National Intelligence;
      - (xvii) the Office of Management and Budget;
      - (xviii) the National Economic Council; and
      - (xix) such other Federal department or agency as the President considers appropriate.
    - (B) Chair— The working group shall be chaired by the Director of the Office of Science and Technology Policy (or the Director’s designee).
  - (3) Responsibilities of the working group— The working group established under paragraph (1) shall—
    - (A) identify known and potential cyber, physical, and human intelligence threats and vulnerabilities within the United States scientific and technological enterprise;
    - (B) coordinate efforts among agencies to share and update important information, including specific examples of foreign interference, cyberattacks, theft, or espionage directed at federally funded research and development or the integrity of the United States scientific enterprise;
    - (C) identify and assess existing mechanisms for protection of federally funded research and development;
    - (D) develop an inventory of—
      - (i) terms and definitions used across Federal science agencies to delineate areas that may require additional protection; and
      - (ii) policies and procedures at Federal science agencies regarding protection of federally funded research; and
    - (E) develop and periodically update unclassified policy guidance to assist Federal science agencies and grantees in defending against threats to federally funded research and development and the integrity of the United States scientific enterprise that—
      - (i) includes—
        - (I) descriptions of known and potential threats to federally funded research and development and the integrity of the United States scientific enterprise;
        - (II) common definitions and terminology for categorization of research and technologies that are protected;
        - (III) identified areas of research or technology that might require additional protection;
        - (IV) recommendations for how control mechanisms can be utilized to protect federally funded research and development from foreign interference, cyberattacks, theft or espionage, including any recommendations for updates to existing control mechanisms;
        - (V) recommendations for best practices for Federal science <del>agencies </del><ins>agencies, universities, </ins>and grantees to defend against threats to federally funded research and development, including coordination and harmonization of any relevant reporting requirements that Federal science agencies implement for <del>grantees;</del><ins>grantees, and by providing such best practices with grantees and universities at the time of awarding such grants or entering into research contracts;</ins>
        - (VI) <ins>a remediation plan for grantees and universities to mitigate the risks regarding such threats before research grants or contracts are cancelled because of such threats;</ins>
        - (VII) [was (2)(4)(7)(2)(7)] assessments of potential consequences that any proposed practices would have on international collaboration and United States leadership in science and technology; and
        - (VIII) [was (2)(4)(7)(2)(8)] a classified addendum as necessary to further inform Federal science agency decisionmaking; and
      - (ii) accounts for the range of needs across different sectors of the United States science and technology enterprise.
  - (4) Coordination with national academies roundtable— The Director of the Office of Science and Technology Policy shall coordinate with the Academies to ensure that at least one member of the interagency working group is also a member of the roundtable under subsection (b).
  - (5) Interim report— Not later than six months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall provide a report to the relevant committees that includes the inventory required under paragraph (3)(D), and an update on progress toward developing the policy guidance required under paragraph (3)(E), as well as any additional activities undertaken by the working group in that time.
  - (6) Biennial reporting— Two years after the date of enactment of this Act, and at least every two years thereafter, the Director of the Office of Science and Technology Policy shall provide a summary report to the relevant committees on the activities of the working group and the most current version of the policy guidance required under paragraph (3)(E).
- (b) National academies science, technology and security roundtable—
  - (1) In general— The National Science Foundation, the Department of Energy, and the Department of Defense, and any other agencies as determined by the Director of the Office of Science and Technology Policy, shall enter into a joint agreement with the Academies to create a new “National Science, Technology, and Security Roundtable” (hereinafter in this subsection referred to as the “roundtable”).
  - (2) Participants— The roundtable shall include senior representatives and practitioners from Federal science, intelligence, and national security agencies, law enforcement, as well as key stakeholders in the United States scientific enterprise including institutions of higher education, Federal research laboratories, industry, and non-profit research organizations.
  - (3) Purpose— The purpose of the roundtable is to facilitate among participants—
    - (A) exploration of critical issues related to protecting United States national and economic security while ensuring the open exchange of ideas and international talent required for scientific progress and American leadership in science and technology;
    - (B) identification and consideration of security threats and risks involving federally funded research and development, including foreign interference, cyberattacks, theft, or espionage;
    - (C) identification of effective approaches for communicating the threats and risks identified in subparagraph (b) to the academic and scientific community, including through the sharing of unclassified data and relevant case studies;
    - (D) sharing of best practices for addressing and mitigating the threats and risks identified in subparagraph (B); and
    - (E) examination of potential near- and long-term responses by the government and the academic and scientific community to mitigate and address the risks associated with foreign threats.
  - (4) Report and briefing— The joint agreement under paragraph (1) shall specify that—
    - (A) the roundtable shall periodically organize workshops and issue publicly available reports on the topics described in paragraph (3) and the activities of the roundtable; and
    - (B) not later than March 1, 2020, the Academies shall provide a briefing to relevant committees on the progress and activities of the roundtable.
  - (5) Authorization of appropriations— There is authorized to be appropriated $5,000,000 to the Secretary of Defense for fiscal years 2020 to 2024 to carry out this subsection.
- (c) Definitions— In this section:
  - (1) The term “Academies” means the National Academies of Science, Engineering and Medicine.
  - (2) The term “Federal science agency” means any Federal agency with at least $100,000,000 in basic and applied research obligations in fiscal year 2018.
  - (3) The term “grantee” means an entity that is—
    - (A) a recipient or subrecipient of a Federal grant or cooperative agreement; and
    - (B) an institution of higher education or a non-profit organization.
  - (4) The term “relevant committees” means—
    - (A) the Committee on Science, Space, and Technology of the House of Representatives;
    - (B) the Committee on Commerce, Science, and Transportation of the Senate;
    - (C) the Committee on Armed Services of the House of Representatives; and
    - (D) the Committee on Armed Services of the Senate.

## Sec. 1092 Prohibition on names related to the Confederacy — added

- (a) <ins>Prohibition on names related to the Confederacy—</ins> <ins>The Secretary of Defense may not give a name to an asset that refers to, or includes a term referring to, the Confederate States of America (commonly referred to as the “Confederacy”), including any name referring to—</ins>
  - (1) <ins>a person who served or held leadership within the Confederacy; or</ins>
  - (2) <ins>a city or battlefield significant because of a Confederate victory.</ins>
- (b) <ins>Assets defined—</ins> <ins>In this section, the term “assets” includes any base, installation, facility, aircraft, ship, equipment, or any other property owned or controlled by the Department of Defense.</ins>

## Sec. 1093 Prohibition on denial of Department of Veterans Affairs home loans for veterans who legally work in the marijuana industry — added

- (a) <ins>Prohibition—</ins> <ins>In the case of a person with documented income that is derived, in whole or in part, from working in the marijuana industry in compliance with the law of the State in which the work takes place, the Secretary of Veterans Affairs may not use the fact that such documented income is derived, in whole or in part, from working in the marijuana industry as a factor in determining whether to guarantee, issue, or make a housing loan under chapter 37 of title 38, United States Code.</ins>
- (b) <ins>Treatment of conduct—</ins> <ins>Conduct of a person described in subsection (a) relating to obtaining a housing loan described in such subsection or conduct relating to guaranteeing, insuring, or making a housing loan described in such subsection for a person described in such subsection shall—</ins>
  - (1) <ins>not be construed to violate section 401 of the Controlled Substances Act (21 U.S.C. 841) or any other provision of law; and</ins>
  - (2) <ins>not constitute the basis for forfeiture of property under section 511 of the Controlled Substances Act (21 U.S.C. 881) or section 981 of title 18, United States Code.</ins>

## Sec. 1094 Inclusion on the Vietnam Veterans Memorial Wall of the names of the lost crew members of the U.S.S. Frank E. Evans killed on June 3, 1969 — added

- (a) <ins>In general—</ins> <ins>Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall authorize the inclusion on the Vietnam Veterans Memorial Wall in the District of Columbia of the names of the 74 crew members of the U.S.S. Frank E. Evans killed on June 3, 1969.</ins>
- (b) <ins>Required consultation—</ins> <ins>The Secretary of Defense shall consult with the Secretary of the Interior, the American Battlefield Monuments Commission, and other applicable authorities with respect to any adjustments to the nomenclature and placement of names pursuant to subsection (a) to address any space limitations on the placement of additional names on the Vietnam Veterans Memorial Wall.</ins>
- (c) <ins>Nonapplicability of commemorative works act—</ins> <ins>Chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to any activities carried out under subsection (a) or (b).</ins>

## Sec. 1095 Military type certification for light attack experimentation aircraft — added

- <ins>The Secretary of the Air Force shall make available and conduct military type certifications for light attack experimentation aircraft as needed, pursuant to the Department of Defense Directive on Military Type Certificates, 5030.61.</ins>

## Sec. 1096 Mitigation of helicopter noise — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall develop a noise inquiry website, to assist in directing mitigation efforts toward concentrated areas of inquiry, that is based off of the websites of the Ronald Reagan Washington National Airport and the Dulles International Airport. Such website shall—</ins>
  - (1) <ins>provide a form to collect inquiry information;</ins>
  - (2) <ins>geo-tag the location of the inquiry to an exportable map;</ins>
  - (3) <ins>export information to an Excel spreadsheet; and</ins>
  - (4) <ins>send an email response to the individual making the inquiry.</ins>
- (b) <ins>Definition of National Capital Region—</ins> <ins>In this section, the term “National Capital Region” has the meaning given the term in section 2574 of title 10, United States Code.</ins>

## Sec. 1097 Report on executive helicopter flights in the National Capital Region — added

- (a) <ins>Findings—</ins> <ins>Congress finds that in the “Report on the Effects of Military Helicopter Noise on National Capital Region Communities and Individuals” submitted by the Department of the Army to Congress on February 15, 2018, the Department of the Army stated: “The DoD possesses helicopters which operate and train inside the NCR supporting multiple missions to include continuity of operations, defense support of civil authorities, executive transport, and other activities as directed.”.</ins>
- (b) <ins>Report required—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the number of helicopter trips used for executive transport, including the number of such helicopters from each branch of the Armed Services, in the National Capital Region during the period beginning on the date of the enactment of this Act and ending on the day that is 90 days after the date of the enactment of this Act.</ins>
- (c) <ins>Public availability of report—</ins> <ins>The Secretary shall make the report required under subsection (b) publicly available.</ins>
- (d) <ins>Executive transport defined—</ins> <ins>In this section, the term “executive transport” has the meaning given such term in the “Report on the Effects of Military Helicopter Noise on National Capital Region Communities and Individuals” submitted by the Department of the Army to Congress on February 15, 2018.</ins>

## Sec. 1098 Reports on reducing the backlog in legally required historical declassification obligations — added

- (a) <ins>Report—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Director of the Central Intelligence Agency shall each submit to the appropriate congressional committees a report detailing progress made by the Secretary or the Director, as the case may be, toward reducing the backlog in legally required historical declassification obligations.</ins>
- (b) <ins>Elements—</ins> <ins>Each report under subsection (a) shall include the following:</ins>
  - (1) <ins>A plan to achieve legally mandated historical declassification requirements and reduce backlogs.</ins>
  - (2) <ins>A plan to incorporate new technologies, such as artificial intelligence, that would increase productivity and reduce cost in implementing the plan under paragraph (1).</ins>
  - (3) <ins>A detailed assessment of the documents released in each of the proceeding three years before the date of the report, broken out by program, such as the 25 and 50 year programs.</ins>
  - (4) <ins>A detailed assessment of the documents awaiting review for release and an estimate of how many documents will be released in each of the next three years.</ins>
  - (5) <ins>Potential policy, resource, and other options available to the Secretary or the Director, as the case may be, to reduce backlogs.</ins>
  - (6) <ins>The progress and objectives of the Secretary or the Director, as the case may be, with respect to the release of documents for publication in the Foreign Relations of the United States series or to facilitate the public accessibility of such documents at the National Archives or presidential libraries, or both.</ins>
- (c) <ins>Form and availability—</ins> <ins>Each report under subsection (a) shall be submitted in unclassified form, which shall be made publicly available, but may include a classified annex.</ins>
- (d) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the congressional defense committees;</ins>
  - (2) <ins>the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and</ins>
  - (3) <ins>the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.</ins>

## Sec. 1099 Sense of Congress regarding the Port Chicago 50 — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>the American people should recognize the role of racial bias in the prosecution and convictions of the Port Chicago 50 following the deadliest home front disaster in World War II;</ins>
- (2) <ins>the military records of each of the Port Chicago 50 should reflect such exoneration of any and all charges brought against them in the aftermath of the explosion; and</ins>
- (3) <ins>the Secretary of the Navy should upgrade the general and summary discharges of each of the Port Chicago 50 sailors to honorable discharges.</ins>

## Sec. 1099A Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations Appropriation — added

- <ins>With respect to a contract for goods and services paid for with foreign currency, the Under Secretary of Defense (Comptroller), in coordination with each Secretary of a military department, shall conduct a review of the exchange rate for such foreign currency used when making a disbursement pursuant to such a contract to determine whether cost-savings opportunities exist by more consistently selecting cost-effective rates. Such review shall include an analysis of realized and projected losses to determine the necessary balance of the appropriation “Foreign Currency Fluctuations, Defense”. The Secretary of Defense may use the results of such analysis to determine the amount of any transfers to the appropriation “Foreign Currency Fluctuations, Defense”.</ins>

## Sec. 1099B Contracts by the President or Vice President — added

- (a) <ins>Amendment—</ins> <ins>Section 431 of title 18, United States Code, is amended—</ins>
  - (1) <ins>in the section heading, by inserting “the President, Vice President, Cabinet Member, or a” after “Contracts by”; and</ins>
  - (2) <ins>in the first undesignated paragraph, by inserting “the President, Vice President, or any Cabinet member” after “Whoever, being”.</ins>
- (b) <ins>Table of sections amendment—</ins> <ins>The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following:</ins>

## Sec. 1099C Parole in place for members of the Armed Forces — added

- (a) <ins>In general—</ins> <ins>Any alien who is a member of the Armed Forces and each spouse, widow, widower, parent, son, or daughter of that alien shall be eligible for parole in place under section 212(d)(5) of the Immigration and Nationality Act.</ins>
- (b) <ins>Sense of congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>parole in place reinforces family unity;</ins>
  - (2) <ins>disruption to servicemembers must be minimized, in order to faithfully execute their objectives;</ins>
  - (3) <ins>separation of military families must be prevented;</ins>
  - (4) <ins>military readiness must be the supreme objective;</ins>
  - (5) <ins>servicemembers are given peace of mind, relived of the stressful burden worrying about their loved ones; and</ins>
  - (6) <ins>Congress reaffirms parole in place authority for the Secretary of Homeland Security.</ins>

## Sec. 1099D Lands to be taken into trust as part of the reservation of the Lytton Rancheria — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>The Lytton Rancheria of California is a federally recognized Indian tribe that lost its homeland after its relationship to the United States was unjustly and unlawfully terminated in 1958. The Tribe was restored to Federal recognition in 1991, but the conditions of its restoration have prevented it from regaining a homeland on its original lands.</ins>
  - (2) <ins>Congress needs to take action to reverse historic injustices that befell the Tribe and that have prevented it from regaining a viable homeland for its people.</ins>
  - (3) <ins>Prior to European contact there were as many as 350,000 Indians living in what is now the State of California. By the turn of the 19th century, that number had been reduced to approximately 15,000 individuals, many of them homeless and living in scattered bands and communities.</ins>
  - (4) <ins>The Lytton Rancheria’s original homeland was purchased by the United States in 1926 pursuant to congressional authority designed to remedy the unique tragedy that befell the Indians of California and provide them with reservations called Rancherias to be held in trust by the United States.</ins>
  - (5) <ins>After the Lytton Rancheria lands were purchased by the United States, the Tribe settled on the land and sustained itself for several decades by farming and ranching.</ins>
  - (6) <ins>By the mid-1950s, Federal Indian policy had shifted back towards a policy of terminating the Federal relationship with Indian tribes. In 1958, Congress enacted the Rancheria Act of 1958 (72 Stat. 619), which slated 41 Rancherias in California, including the Lytton Rancheria, for termination after certain conditions were met.</ins>
  - (7) <ins>On August 1, 1961, the Federal Government terminated its relationship with the Lytton Rancheria. This termination was illegal because the conditions for termination under the Rancheria Act had never been met. After termination was implemented, the Tribe lost its lands and was left without any means of supporting itself.</ins>
  - (8) <ins>In 1987, the Tribe joined three other tribes in a lawsuit against the United States challenging the illegal termination of their Rancherias. A Stipulated Judgment in the case, Scotts Valley Band of Pomo Indians of the Sugar Bowl Rancheria v. United States, No. C–86–3660 (N.D.Cal. March 22, 1991), restored the Lytton Rancheria to its status as a federally recognized Indian tribe.</ins>
  - (9) <ins>The Stipulated Judgment provides that the Lytton Rancheria would have the “individual and collective status and rights” which it had prior to its termination and expressly contemplated the acquisition of trust lands for the Lytton Rancheria.</ins>
  - (10) <ins>The Stipulated Judgment contains provisions, included at the request of the local county governments and neighboring landowners, that prohibit the Lytton Rancheria from exercising its full Federal rights on its original homeland in the Alexander Valley.</ins>
  - (11) <ins>In 2000, approximately 9.5 acres of land in San Pablo, California, was placed in trust status for the Lytton Rancheria for economic development purposes.</ins>
  - (12) <ins>The Tribe has since acquired, from willing sellers at fair market value, property in Sonoma County near the Tribe’s historic Rancheria. This property, which the Tribe holds in fee status, is suitable for a new homeland for the Tribe.</ins>
  - (13) <ins>On a portion of the land to be taken into trust, which portion totals approximately 124.12 acres, the Tribe plans to build housing for its members and governmental and community facilities.</ins>
  - (14) <ins>A portion of the land to be taken into trust is being used for viniculture, and the Tribe intends to develop more of the lands to be taken into trust for viniculture. The Tribe’s investment in the ongoing viniculture operation has reinvigorated the vineyards, which are producing high-quality wines. The Tribe is operating its vineyards on a sustainable basis and is working toward certification of sustainability.</ins>
  - (15) <ins>No gaming shall be conducted on the lands to be taken into trust by this section.</ins>
  - (16) <ins>No gaming shall be conducted on any lands taken into trust on behalf of the Tribe in Sonoma County after the date of the enactment of this Act.</ins>
  - (17) <ins>By directing that these lands be taken into trust, the United States will ensure that the Lytton Rancheria will finally have a permanently protected homeland on which the Tribe can once again live communally and plan for future generations. This action is necessary to fully restore the Tribe to the status it had before it was wrongfully terminated in 1961.</ins>
  - (18) <ins>The Tribe and County of Sonoma have entered into a Memorandum of Agreement as amended in 2018 in which the County agrees to the lands in the County being taken into trust for the benefit of the Tribe in consideration for commitments made by the Tribe.</ins>
- (b) <ins>Definitions—</ins> <ins>For the purpose of this section, the following definitions apply:</ins>
  - (1) <ins>County—</ins> <ins>The term County means Sonoma County, California.</ins>
  - (2) <ins>Secretary—</ins> <ins>The term Secretary means the Secretary of the Interior.</ins>
  - (3) <ins>Tribe—</ins> <ins>The term Tribe means the Lytton Rancheria of California.</ins>
- (c) <ins>Lands to be taken into trust—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The land owned by the Tribe and generally depicted on the map titled “Lytton Fee Owned Property to be Taken into Trust” and dated May 1, 2015, is hereby taken into trust for the benefit of the Tribe, subject to valid existing rights, contracts, and management agreements related to easements and rights-of-way.</ins>
  - (2) <ins>Lands To Be Made Part of the Reservation—</ins> <ins>Lands taken into trust under paragraph (1) shall be part of the Tribe’s reservation and shall be administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for an Indian tribe.</ins>
- (d) <ins>Gaming—</ins> <ins></ins>
  - (1) <ins>Lands taken into trust under this section—</ins> <ins>Lands taken into trust for the benefit of the Tribe under subsection (c) shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).</ins>
  - (2) <ins>Other lands taken into trust—</ins> <ins>Lands taken into trust for the benefit of the Tribe in Sonoma County after the date of the enactment of this Act shall not be eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).</ins>
- (e) <ins>Applicability of certain law—</ins> <ins>Notwithstanding any other provision of law, the Memorandum of Agreement entered into by the Tribe and the County concerning taking land in the County into trust for the benefit of the Tribe, which was approved by the County Board of Supervisors on March 10, 2015, and any addenda and supplement or amendment thereto, is not subject to review or approval of the Secretary in order to be effective, including review or approval under section 2103 of the Revised Statutes (25 U.S.C. 81).</ins>

## Sec. 1099E Interoperability of communications between military installations and adjacent jurisdictions — added

- <ins>Not later than 12 months after the date of the enactment of this Act, the Department of Defense Fire and Emergency Services Working Group shall submit to the congressional defense committees a report that includes—</ins>
- (1) <ins>an identification of all military installations that provide emergency services to areas outside of their installations, make them aware of the Amtrak Passenger Train 501 Derailment in DuPont, Washington, and determine the effectiveness of the communications system between that military installation and the adjacent jurisdictions; and</ins>
- (2) <ins>an implementation plan to address any deficiencies with interoperability caused by the incompatibility between the Department of Defense communications system and that of adjacent civilian agencies.</ins>

## Sec. 1099F Support for National Maritime Heritage Grants program — added

- <ins>Of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense, the Secretary of Defense may contribute up to $5,000,000 to support the National Maritime Heritage Grants Program established under section 308703 of title 54, United States Code.</ins>

## Sec. 1099G Chinese language and culture studies within the Defense Language and National Security Education Office — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-Wide, Defense Human Resources Activity, line 220 is hereby increased by $13,404,000 (with the amount of such increase to be made available for Chinese language and culture studies within the Defense Language and National Security Education Office).</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for other procurement, Army, Installation Info Infrastructure MOD Program, line 63 is hereby reduced by $13,404,000.</ins>

## Sec. 1099H Modification of prohibition on availability of funds for Chinese language programs at certain institutions of higher education — added

- <ins>Section 1091(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1997) is amended—</ins>
- (1) <ins>by striking “None of the funds” and inserting the following:</ins>
  - <ins>“(1) In general—None of the funds”</ins>
- (2) <ins>by adding at the end the following new paragraph:</ins>
  - <ins>“(2) Transition plan—The Secretary of Defense shall develop a transition plan for each institution of higher education subject to the limitation under paragraph (1). Under the transition plan, the institution may regain eligibility to receive funds from the Department of Defense for Chinese language training by developing an independent Chinese language program with no connection to a Confucius Institute.”</ins>

## Sec. 1099I Lessons learned and best practices on progress of gender integration implementation in the Armed Forces — added

- <ins>The Secretary of Defense shall direct each component of the Armed Forces to share lessons learned and best practices on the progress of their gender integration implementation plans and to communicate strategically that progress with other components of the Armed Forces as well as the general public, as recommended by the Defense Advisory Committee on Women in the Services.</ins>

## Sec. 1099J Strategies for recruitment and retention of women in the Armed Forces — added

- <ins>The Secretary of each of the military departments shall—</ins>
- (1) <ins>examine successful strategies in use by foreign military services to recruit and retain women; and</ins>
- (2) <ins>consider potential best practices for implementation in the United States Armed Forces, as recommended by the Defense Advisory Committee on Women in the Services.</ins>

## Sec. 1099K Definition of current monthly income for purposes of bankruptcy laws — added

- <ins>Section 101(10A) of title 11, United States Code, is amended by striking subparagraph (B) and inserting the following:</ins>
- <ins>“(B)</ins>
- <ins>“(i) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis for the household expenses of the debtor or the debtor’s dependents (and in a joint case the debtor’s spouse if not otherwise a dependent); and</ins>
- <ins>“(ii) excludes—</ins>
- <ins>“(I) benefits received under the Social Security Act (42 U.S.C. 301 et seq.);</ins>
- <ins>“(II) payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes;</ins>
- <ins>“(III) payments to victims of international terrorism or domestic terrorism, as those terms are defined in section 2331 of title 18, on account of their status as victims of such terrorism; and</ins>
- <ins>“(IV) any monthly compensation, pension, pay, annuity, or allowance paid under title 10, 37, or 38 in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services, except that any retired pay excluded under this subclause shall include retired pay paid under chapter 61 of title 10 only to the extent that such retired pay exceeds the amount of retired pay to which the debtor would otherwise be entitled if retired under any provision of title 10 other than chapter 61 of that title.”</ins>

## Sec. 1099L Honoring last surviving Medal of Honor recipient of Second World War — added

- (a) <ins>Use of rotunda—</ins> <ins>At the election of the individual (or next of kin of the individual), the last individual to die who was awarded the Medal of Honor for acts performed during World War II shall be permitted to lie in honor in the rotunda of the Capitol upon death.</ins>
- (b) <ins>Implementation—</ins> <ins>The Architect of the Capitol, under the direction and supervision of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take the necessary steps to implement subsection (a) upon the death of the individual described in such subsection.</ins>

## Sec. 1099M Credit monitoring — added

- <ins>Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c–1(k)) is amended by striking paragraph (4).</ins>

## Sec. 1099N World language advancement and readiness grants — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>The national security of the United States continues to depend on language readiness, in particular among the seventeen agencies of the Intelligence Community.</ins>
  - (2) <ins>The levels of language proficiency required for national security necessitate long sequences of language training for personnel in the Intelligence Community and the Department of Defense.</ins>
  - (3) <ins>The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to communicate and compete by knowing the languages and cultures of other countries.</ins>
  - (4) <ins>The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment.</ins>
  - (5) <ins>The Federal Government also has an interest in taking actions to alleviate the problem of American students being inadequately prepared to meet the challenges posed by increasing global interaction among nations.</ins>
  - (6) <ins>American elementary schools, secondary schools, colleges, and universities must place a new emphasis on improving the teaching of foreign languages, area studies, counterproliferation studies, and other international fields to help meet those challenges.</ins>
- (b) <ins>Grants authorized—</ins> <ins></ins>
  - (1) <ins>Program authority—</ins> <ins>The Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of Education, may carry out a program under which the Secretary of Defense makes grants, on a competitive basis, to eligible entities to carry out innovative model programs providing for the establishment, improvement, or expansion of world language study for elementary school and secondary school students.</ins>
  - (2) <ins>Duration—</ins> <ins>Each grant under this section shall be awarded for a period of 3 years.</ins>
  - (3) <ins>Geographic distribution—</ins> <ins>The Secretary of Defense shall ensure the equitable geographic distribution of grants under this section.</ins>
  - (4) <ins>Matching requirement for local educational agencies—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>Except as provided in subparagraph (B), each local educational agency that receives a grant under this section shall provide, from non-Federal sources, an amount equal to the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant.</ins>
    - (B) <ins>Exception—</ins> <ins>The Secretary of Defense may reduce the matching requirement under subparagraph (A) for any local educational agency that the Secretary determines does not have adequate resources to meet such requirement.</ins>
  - (5) <ins>Special requirements for local educational agencies—</ins> <ins>In awarding a grant under paragraph (1) to an eligible entity that is a local educational agency, the Secretary of Defense shall support programs that—</ins>
    - (A) <ins>show the promise of being continued beyond the grant period;</ins>
    - (B) <ins>demonstrate approaches that can be disseminated to and duplicated in other local educational agencies; and</ins>
    - (C) <ins>may include a professional development component.</ins>
  - (6) <ins>Allocation of funds—</ins> <ins></ins>
    - (A) <ins>Not less than 75 percent of the funds made available to carry out this section for a fiscal year shall be used for the expansion of world language learning in elementary schools.</ins>
    - (B) <ins>Not less than 75 percent of the funds made available to carry out this section for a fiscal year shall be used to support instruction in world languages determined by the Secretary of Defense to be critical to the national security interests of the United States.</ins>
    - (C) <ins>The Secretary of Defense may reserve not more than 5 percent of funds made available to carry out this section for a fiscal year to evaluate the efficacy of programs that receive grants under paragraph (1).</ins>
  - (7) <ins>Applications—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>To be considered for a grant under paragraph (1), an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information and assurances as the Secretary may require.</ins>
    - (B) <ins>Special consideration—</ins> <ins>The Secretary of Defense shall give special consideration to applications describing programs that—</ins>
      - (i) <ins>include intensive summer world language programs for professional development of world language teachers;</ins>
      - (ii) <ins>link nonnative English speakers in the community with the schools in order to promote two-way language learning;</ins>
      - (iii) <ins>promote the sequential study of a world language for students, beginning in elementary schools;</ins>
      - (iv) <ins>make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, to promote world language study;</ins>
      - (v) <ins>promote innovative activities, such as dual language immersion, partial world language immersion, or content-based instruction; and</ins>
      - (vi) <ins>are carried out through a consortium comprised of the eligible entity receiving the grant, an elementary school or secondary school, and an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).</ins>
- (c) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Eligible entity—</ins> <ins>The term “eligible entity” means the following:</ins>
    - (A) <ins>A local educational agency that hosts a unit of the Junior Reserve Officers' Training Corps.</ins>
    - (B) <ins>A school operated by the Department of Defense Education Activity.</ins>
  - (2) <ins>ESEA terms—</ins> <ins>The terms “elementary school”, “local educational agency” and “secondary school” have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).</ins>
  - (3) <ins>World language—</ins> <ins>The term “world language” means—</ins>
    - (A) <ins>any natural language other than English, including—</ins>
      - (i) <ins>languages determined by the Secretary of Defense to be critical to the national security interests of the United States;</ins>
      - (ii) <ins>classical languages;</ins>
      - (iii) <ins>American sign language; and</ins>
      - (iv) <ins>Native American languages; and</ins>
    - (B) <ins>any language described in subparagraph (A) that is taught in combination with English as part of a dual language or immersion learning program.</ins>

## Sec. 1099O Inclusion of certain names on the Vietnam Veterans Memorial — added

- <ins>The Secretary of Defense shall provide for the inclusion on the Vietnam Veterans Memorial in the District of Columbia the names of the seventy-four crew members of the USS Frank E. Evans killed on June 3, 1969.</ins>

## Sec. 1099P Sense of Congress regarding Army Contracting Command–New Jersey — added

- <ins>It is the Sense of Congress that—</ins>
- (1) <ins>Army Contracting Command–New Jersey (referred to in this section as “ACC-NJ”) plays a vital role in planning, directing, controlling, managing, and executing the full spectrum of contracting, acquisition support, and business advisory services that support major weapons, armaments, ammunition systems, information technology. and enterprise systems for the Army and other Department of Defense customers;</ins>
- (2) <ins>ACC-NJ has unique expertise executing grants, cooperative agreements, and other transaction agreements central to the work at Picatinny Arsenal; and</ins>
- (3) <ins>the workforce of ACC-NJ has the unmatched experience and expertise to support innovative and rapid contracting necessary to accelerate acquisition and enhance readiness for a modernizing the United States Armed Forces.</ins>

## Sec. 1099Q Review and report on experimentation with ticks and insects — added

- (a) <ins>Review—</ins> <ins>The Inspector General of the Department of Defense shall conduct a review of whether the Department of Defense experimented with ticks and other insects regarding use as a biological weapon between the years of 1950 and 1975.</ins>
- (b) <ins>Report—</ins> <ins>If the Inspector General finds that any experiment described under subsection (a) occurred, the Inspector General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on—</ins>
  - (1) <ins>the scope of such experiment; and</ins>
  - (2) <ins>whether any ticks or insects used in such experiment were released outside of any laboratory by accident or experiment design.</ins>

## Sec. 1099R Pilot program to provide broadband access to military families and medical facilities on remote and isolated bases — added

- (a) <ins>Pilot program—</ins> <ins></ins>
  - (1) <ins>Purpose—</ins> <ins>In order to extend residential broadband internet access to the thousands of military families on military installations within the United States located in unserved rural areas, the Secretary of Defense, in coordination with the Federal Communication Commission, shall carry out a pilot program under which the Secretary enters into an agreement with a broadband internet provider or providers to—</ins>
    - (A) <ins>provide broadband internet access to military families on installations within the United States located in unserved rural areas;</ins>
    - (B) <ins>ensure broadband internet is accessible in military hospitals and clinics to facilitate the expeditious use of telehealth services and electronic military records integration; and</ins>
    - (C) <ins>enhance broadband internet access that can support of military spouse employment, transition assistance for members of the Armed Forces, and workforce development.</ins>
  - (2) <ins>Locations—</ins> <ins>The Secretary shall carry out the pilot program at no fewer than three military installations located in unserved rural areas.</ins>
  - (3) <ins>Service provider requirements—</ins> <ins>The Secretary shall ensure that broadband internet service providers considered for participation in the pilot program—</ins>
    - (A) <ins>use low-cost broadband technologies, such as fixed wireless technologies, which are suitable for lower population density unserved and underserved rural areas; and</ins>
    - (B) <ins>possess the capability to expeditiously install and connect broadband internet capabilities on remote and isolated bases.</ins>
  - (4) <ins>Fifth generation information and communications technologies—</ins> <ins>The pilot program under this section shall be carried out in accordance with the strategy and implementation plan required under section 233 of this Act.</ins>
- (b) <ins>Report required—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives a report on the implementation of the pilot program under subsection (a).</ins>
  - (2) <ins>Elements—</ins> <ins>The report required under paragraph (1) shall include—</ins>
    - (A) <ins>a list of the remote and isolated bases selected by the Secretary for purposes of the pilot program;</ins>
    - (B) <ins>an analysis of the success of the pilot program on improving access to broadband for families living on base, telehealth medicine services, and the processing of electronic health records;</ins>
    - (C) <ins>recommendations by the Secretary for improving, expanding, or modifying the program;</ins>
    - (D) <ins>recommendations from the Secretary, the Secretary of Commerce, and the Chairman of the Federal Communication Commission on aligning the pilot program with Federal rural broadband strategy and deployment efforts; and</ins>
    - (E) <ins>any other matters the Secretary determines to be appropriate.</ins>
- (c) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>The term “broadband” means internet access providing throughput speeds of at least 25 Mbps downstream and at least 3 Mbps upstream and having no data consumption caps.</ins>
  - (2) <ins>The term “unserved rural areas” means those rural census blocks reported by broadband providers as lacking access to broadband on the Federal Communications Commission’s Form 477.</ins>

## Sec. 1099S Sense of Congress regarding military working dogs and soldier handlers — added

- (a) <ins>Congressional findings—</ins> <ins>The Congress finds that—</ins>
  - (1) <ins>the 341st Training Squadron, 37th Training Wing at Lackland Air Force Base provides highly trained military working dogs to the Department of Defense and other government agencies;</ins>
  - (2) <ins>in 2010, the operational needs of the Army for military working dogs increased without an increase in resources to train a sufficient number of dogs for the detection of improvised explosive devices at the 341st Training Squadron;</ins>
  - (3) <ins>the Army initiated the tactical explosive detection dog program in August 2010 as a nontraditional military working dog program to train and field improvised explosive device detection dogs for use in Afghanistan as part of Operation Enduring Freedom;</ins>
  - (4) <ins>the tactical explosive detection dog program was created to reduce casualties from improvised explosive devices in response to an increase in the use of asymmetric weapons by the enemy;</ins>
  - (5) <ins>the tactical explosive detection dogs were a unique subset of military working dogs because the Army selected and trained soldiers from deploying units to serve as temporary handlers for only the duration of deployment to Operation Enduring Freedom;</ins>
  - (6) <ins>the tactical explosive detection dogs and their soldier handlers, like other military working dog and handler teams, formed strong bonds while training for combat and performing extremely dangerous improvised explosive device detection missions in service to the United States;</ins>
  - (7) <ins>the tactical explosive detection dog program was a nontraditional military working dog program that terminated in February 2014;</ins>
  - (8) <ins>at the termination of the tactical explosive detection dog program in February 2014, neither United States law nor Department of Defense policy established an adoption order priority, and Department of Defense policy only provided that military working dogs be adopted by former handlers, law enforcement agencies, and other persons capable of humanely caring for the animals;</ins>
  - (9) <ins>an August 2016 report to Congress by the Air Force entitled “Tactical Explosive Detector Dog (TEDD) Adoption Report” concluded that the Army had a limited transition window for the disposition of tactical explosive detection dogs and the lack of a formal comprehensive plan contributed to the disorganized disposition process for the tactical explosive detection dogs;</ins>
  - (10) <ins>the August 2016 report stated that, in 2014, the Army disposed of 229 tactical explosive detection dogs;</ins>
  - (11) <ins>40 tactical explosive detection dogs were adopted by handlers, 47 dogs were adopted by private individuals, 70 dogs were transferred to Army units, 17 dogs were transferred to other government agencies, 46 dogs were transferred to law enforcement agencies, and 9 dogs were deceased;</ins>
  - (12) <ins>the disposition of tactical explosive detection dogs was poorly executed, proper procedures outlined in Department of Defense policy were ignored, and, as a result, the former soldier handlers were not provided the opportunity to adopt their tactical explosive detection dogs;</ins>
  - (13) <ins>the Army should have deliberately planned for the disposition of the tactical explosive detection dogs and provided appropriate time to review and consider adoption applications to mitigate handler and civilian adoption issues;</ins>
  - (14) <ins>section 342(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 793) amended section 2583(c) of title 10, United States Code, to modify the list of persons authorized to adopt a military animal and prioritize the list with preference, respectively, to former handlers, other persons capable of humanely caring for the animal, and law enforcement agencies;</ins>
  - (15) <ins>since 2000, Congress has passed legislation that protects military working dogs, promotes their welfare, and recognizes the needs of their veteran handlers;</ins>
  - (16) <ins>Congress continues to provide oversight of military working dogs to prevent a reoccurrence of the disposition issues that affected tactical explosive detection dogs;</ins>
  - (17) <ins>former soldier handlers should be reunited with their tactical explosive detection dogs;</ins>
  - (18) <ins>congressional recognition of the military service of tactical explosive detection dogs and their former soldier handlers is a small measure of gratitude this legislative body can convey;</ins>
  - (19) <ins>over 4 years have passed since the termination of the tactical explosive detection dog program;</ins>
  - (20) <ins>Congressman Walter B. Jones has been a long-time advocate for military working dogs and their handlers;</ins>
  - (21) <ins>Congressman Walter B. Jones has worked to ensure that handlers are given priority when their military working dogs reach retirement;</ins>
  - (22) <ins>Congressman Walter B. Jones was a strong proponent of the Wounded Warrior Service Dog program, which is a valuable program that helps wounded members of the Armed Forces manage and recover from post-traumatic stress;</ins>
  - (23) <ins>the advocacy of Congressman Walter B. Jones for military working dogs is well known throughout the nonprofit community that supports military working dogs;</ins>
  - (24) <ins>Congressman Walter B. Jones worked with the Department of Defense and the Senate to update the language in the Air Force Manual on Military Working Dogs to clarify that military working dogs are not equipment and to indicates the true level of appreciation and respect the Department of Defense has for these valuable members of the military team;</ins>
  - (25) <ins>Congressman Walter B. Jones was the chief legislative sponsor of the Military Working Dog Teams Monument, which was built with no taxpayer dollars but through corporate and private donations; and</ins>
  - (26) <ins>with the support of Congressman Walter B. Jones, the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) authorized the Burnam Foundation to design, fund, build, and maintain the Military Working Dog Teams National Monument.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress to—</ins>
  - (1) <ins>recognize the efforts of Congressman Walter B. Jones to promote military working dogs as unsung heroes on the battlefield and in helping wounded warriors recover from physical and mental injuries;</ins>
  - (2) <ins>recognize the service of military working dogs and soldier handlers from the tactical explosive detection dog program;</ins>
  - (3) <ins>acknowledge that not all tactical explosive detection dogs were adopted by their former soldier handlers;</ins>
  - (4) <ins>encourage the Army and other government agencies, including law enforcement agencies, with former tactical explosive detection dogs to prioritize adoption to former tactical explosive detection dog handlers; and</ins>
  - (5) <ins>honor the sacrifices made by tactical explosive detection dogs and their soldier handlers in combat.</ins>

## Sec. 1099T Designation of Department of Defense strategic Arctic ports — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>the Arctic is a region of strategic importance to the national security interests of the United States and the Department of Defense must better align its presence, force posture, and capabilities to meet the growing array of challenges in the region; and</ins>
  - (2) <ins>although much progress has been made to increase awareness of Arctic issues and to promote increased presence in the region, additional measures, including the designation of one or more strategic Arctic ports, are needed to show the commitment of the United States to this emerging strategic choke point of future great power competition.</ins>
- (b) <ins>Report required—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, the Commanding General of the United States Army Corps of Engineers, the Commandant of the Coast Guard, and the Administrator of the Maritime Administration, shall submit to the congressional defense committees a report evaluating potential sites for one or more strategic ports in the Arctic.</ins>
  - (2) <ins>Elements—</ins> <ins>Consistent with the updated military strategy for the protection of United States national security interests in the Arctic region set forth in the report required under section 1071 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 114–92; 129 Stat. 992), the report required under paragraph (1) shall include—</ins>
    - (A) <ins>an evaluation of the amount of sufficient and suitable space needed to create capacity for port and other necessary infrastructure for at least one of each of type of Navy or Coast Guard vessel, including an Arleigh Burke class destroyer of the Navy, a national security cutter, and a heavy polar ice breaker of the Coast Guard;</ins>
    - (B) <ins>an evaluation of the amount of sufficient and suitable space needed to create capacity for equipment and fuel storage, technological infrastructure, and civil infrastructure to support military and civilian operations, including—</ins>
      - (i) <ins>aerospace warning;</ins>
      - (ii) <ins>maritime surface and subsurface warning;</ins>
      - (iii) <ins>maritime control and defense;</ins>
      - (iv) <ins>maritime domain awareness;</ins>
      - (v) <ins>homeland defense;</ins>
      - (vi) <ins>defense support to civil authorities;</ins>
      - (vii) <ins>humanitarian relief;</ins>
      - (viii) <ins>search and rescue;</ins>
      - (ix) <ins>disaster relief;</ins>
      - (x) <ins>oil spill response;</ins>
      - (xi) <ins>medical stabilization and evacuation; and</ins>
      - (xii) <ins>meteorological measurements and forecasting;</ins>
    - (C) <ins>an identification of proximity and road access required to an airport designated as a commercial service airport by the Federal Aviation Administration that is capable of supporting military and civilian aircraft for operations designated in subparagraph (B);</ins>
    - (D) <ins>a description of the requirements, to include infrastructure and installations, communications, and logistics necessary to improve response effectiveness to support military and civilian operations described in subparagraph (B);</ins>
    - (E) <ins>an identification of the sites that the Secretary recommends as potential sites for designation as Department of Defense Strategic Arctic Ports;</ins>
    - (F) <ins>the estimated cost of sufficient construction necessary to initiate and sustain expected operations at such sites; and</ins>
    - (G) <ins>such other information as the Secretary deems relevant.</ins>
- (c) <ins>Designation of strategic arctic ports—</ins> <ins>Not later than 90 days after the date on which the report required under subsection (b) is submitted, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, the Commanding General of the United States Army Corps of Engineers, the Commandant of the Coast Guard, and the Administrator of the Maritime Administration, may designate one or more ports as Department of Defense Strategic Arctic Ports from the sites identified under subsection (b)(2)(E).</ins>
- (d) <ins>Rule of construction—</ins> <ins>Nothing in this section may be construed to authorize any additional appropriations for the Department of Defense for the establishment of any port designated pursuant to this section.</ins>
- (e) <ins>Arctic defined—</ins> <ins>In this section, the term “Arctic” has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).</ins>

## Sec. 1099U Funding limitation for the Erie Canalway National Heritage Corridor — added

- <ins>Section 810(a)(1) of the Erie Canalway National Heritage Corridor Act (Public Law 106–554; 114 Stat. 2763A–303) is amended, in the second sentence, by striking “$12,000,000” and inserting “$14,000,000”.</ins>

## Sec. 1099V Inspection of facilities used to house, detain, screen, and review migrants and refugees — added

- <ins>The Secretary of Defense, in coordination with the Comptroller General of the United States and the Secretary of Health and Human Services shall establish a process under which the Comptroller General and the Inspector General of Health and Human Services, as appropriate, may be provided with access to Government-owned or Department of Defense-owned installations where there are facilities used to house, detain, screen, or review migrants, refugees, or other persons recently arriving in the United States for purposes of conducting surprise inspections of such facilities.</ins>

## Sec. 1099W Sense of Congress regarding the 2001 Authorization for Use of Military Force — added

- (a) <ins>Findings—</ins> <ins>Congress makes the following findings:</ins>
  - (1) <ins>The Authorization for Use of Military Force (referred to in this section as the “2001 AUMF”) (Public Law 107–40; 50 U.S.C. 1541 note) was passed by Congress in 2001 after the terrorist attacks of September 11, 2001, to authorize the use of force against those responsible for the attacks of September 11, 2001.</ins>
  - (2) <ins>The 2001 AUMF is one of the only modern authorizations for the use of force in the history of the United States that included no limitation in time, geography, operations, or a named enemy.</ins>
  - (3) <ins>The 2001 AUMF has been cited 41 times as the legal basis for the use of force in 19 countries.</ins>
  - (4) <ins>Article 1, Section 8 of the Constitution provides Congress with the sole authority to “declare war”.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>the use of the 2001 AUMF has been well beyond the scope that Congress initially intended when it was passed on September 14, 2001;</ins>
  - (2) <ins>nearly 18 years after the passage of the 2001 AUMF, it has served as a blank check for any President to wage war at any time and at any place; and</ins>
  - (3) <ins>any new authorization for the use of military force that replaces the 2001 AUMF should include—</ins>
    - (A) <ins>a sunset clause and timeframe within which Congress should revisit the authority provided in the new authorization for use of military force;</ins>
    - (B) <ins>a clear and specific expression of mission objectives, targets, and geographic scope; and</ins>
    - (C) <ins>reporting requirements to increase transparency and ensure proper Congressional oversight.</ins>

## Sec. 1099X Prohibition on export of air to ground munitions, related components and parts of such munitions, and related services to Saudi Arabia and the United Arab Emirates — added

- (a) <ins>In general—</ins> <ins>For the one-year period beginning on the date of the enactment of this Act, the President may not issue any license, and shall suspend any license or other approval that was issued before the date of the enactment of this Act, for the export to the Government of Saudi Arabia or the Government of the United Arab Emirates of any air to ground munitions, related components and parts of such munitions, and related services.</ins>
- (b) <ins>Waiver—</ins> <ins>The President may waive the prohibition in subsection (a) for any instance of license denial or suspension that shall result in a cost to the Federal Government.</ins>

## Sec. 1099Y Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure — added

- (a) <ins>Comptroller General report—</ins> <ins></ins>
  - (1) <ins>Requirement—</ins> <ins>Not later than December 1, 2020, the Comptroller General of the United States shall submit to the congressional defense committees a report containing cost analyses with respect to each of the following:</ins>
    - (A) <ins>Options for reducing the nuclear security enterprise (as defined by section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)).</ins>
    - (B) <ins>Options for reductions in service contracts.</ins>
    - (C) <ins>Options for rebalancing force structure, including reductions in special operations forces, the ancillary effects of such options, and the impacts of changing the force mix between active and reserve components.</ins>
    - (D) <ins>Options for reducing or realigning overseas military presence.</ins>
    - (E) <ins>Options for the use of pre-award audits to negotiate better prices for weapon systems and services.</ins>
    - (F) <ins>Options for replacing some military personnel with civilian employees.</ins>
  - (2) <ins>Form—</ins> <ins>The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex with respect to the matters specified in subparagraphs (A) and (C) of such paragraph.</ins>
- (b) <ins>FFRDC studies—</ins> <ins></ins>
  - (1) <ins>Requirement—</ins> <ins>The Secretary of Defense shall seek to enter into agreements with federally funded research and development centers to conduct the following studies:</ins>
    - (A) <ins>A study of the cost savings resulting from changes in force structure, active and reserve component balance, basing, and other impacts resulting from potential challenges to foundational planning assumptions.</ins>
    - (B) <ins>A study of the cost savings resulting from the adoption of alternatives to the current nuclear deterrence posture of the United States.</ins>
    - (C) <ins>A study of the cost savings of alternatives to current force structures.</ins>
  - (2) <ins>Detail required—</ins> <ins>The Secretary shall ensure that each study under paragraph (1) has a level of detail sufficient to allow the Director of the Congressional Budget Office to analyze the costs described in such studies.</ins>
  - (3) <ins>Submission—</ins> <ins>Not later than December 1, 2020, the Secretary shall submit to the congressional defense committees each study under paragraph (1).</ins>
  - (4) <ins>Form—</ins> <ins>The studies under paragraph (1), and the report under paragraph (3), shall be submitted in unclassified form, but may contain a classified annex.</ins>
- (c) <ins>Independent study—</ins> <ins></ins>
  - (1) <ins>Requirement—</ins> <ins>The Secretary shall seek to enter into an agreement with an appropriate nonpartisan nongovernmental entity to conduct a study on possible alternatives to the current defense and deterrence posture of the United States, including challenges to foundational assumptions, and the impact of such postures on planning assumptions and requirements, basing, and force structure requirements.</ins>
  - (2) <ins>Submission—</ins> <ins>Not later than December 1, 2020, the Secretary shall submit to the congressional defense committees the study under paragraph (1).</ins>

## Sec. 1099Z–1 Short title — added

- <ins>This subtitle may be cited as the “Otto Warmbier North Korea Nuclear Sanctions Act of 2019”.</ins>

## Sec. 1099Z–2 Findings — added

- <ins>The Congress finds the following:</ins>
- (1) <ins>On June 1, 2016, the Department of the Treasury’s Financial Crimes Enforcement Network announced a Notice of Finding that the Democratic People’s Republic of Korea is a jurisdiction of primary money laundering concern due to its use of state-controlled financial institutions and front companies to support the proliferation and development of weapons of mass destruction (WMD) and ballistic missiles.</ins>
- (2) <ins>The Financial Action Task Force (FATF) has expressed serious concerns with the threat posed by North Korea’s proliferation and financing of WMD, and has called on FATF members to apply effective counter-measures to protect their financial sectors from North Korean money laundering, WMD proliferation financing, and the financing of terrorism.</ins>
- (3) <ins>In its February 2017 report, the U.N. Panel of Experts concluded that—</ins>
  - (A) <ins>North Korea continued to access the international financial system in support of illicit activities despite sanctions imposed by U.N. Security Council Resolutions 2270 (2016) and 2321 (2016);</ins>
  - (B) <ins>during the reporting period, no member state had reported taking actions to freeze North Korean assets; and</ins>
  - (C) <ins>sanctions evasion by North Korea, combined with inadequate compliance by member states, had significantly negated the impact of U.N. Security Council resolutions.</ins>
- (4) <ins>In its September 2017 report, the U.N. Panel of Experts found that—</ins>
  - (A) <ins>North Korea continued to violate financial sanctions by using agents acting abroad on the country’s behalf;</ins>
  - (B) <ins>foreign financial institutions provided correspondent banking services to North Korean persons and front companies for illicit purposes;</ins>
  - (C) <ins>foreign companies violated sanctions by maintaining links with North Korean financial institutions; and</ins>
  - (D) <ins>North Korea generated at least $270 million during the reporting period through the violation of sectoral sanctions.</ins>
- (5) <ins>North Korean entities engage in significant financial transactions through foreign bank accounts that are maintained by non-North Korean nationals, thereby masking account users’ identity in order to access financial services.</ins>
- (6) <ins>North Korea’s sixth nuclear test on September 3, 2017, demonstrated an estimated explosive power more than 100 times greater than that generated by its first nuclear test in 2006.</ins>
- (7) <ins>On February 23, 2018 the Department of the Treasury announced its largest-ever set of North Korea-related sanctions, with a particular focus on shipping and trading companies, and issued a maritime advisory to highlight North Korea’s sanctions evasion tactics. On May 9, 2019, the United States seized a North Korean ship, the Wise Honest, which had previously been detained by Indonesia for carrying coal in violation of United Nations sanctions.</ins>
- (8) <ins>According to the March 2019 Final Report of the U.N. Panel of Experts, “The nuclear and ballistic missile programmes of the Democratic People’s Republic of Korea remain intact and the country continues to defy Security Council resolutions through a massive increase in illegal ship-to-ship transfers of petroleum products and coal. These violations render the latest United Nations sanctions ineffective by flouting the caps on the import of petroleum products and crude oil by the Democratic People’s Republic of Korea as well as the coal ban, imposed in 2017 by the Security Council in response to the country’s unprecedented nuclear and ballistic missile testing.”.</ins>
- (9) <ins>The U.N. Panel of Experts further concluded: “Financial sanctions remain some of the most poorly implemented and actively evaded measures of the sanctions regime. Individuals empowered to act as extensions of financial institutions of the Democratic People’s Republic of Korea operate in at least five countries with seeming impunity.”.</ins>
- (10) <ins>North Korea has successfully tested short-range, submarine-launched, and intercontinental ballistic missiles, and is rapidly progressing in its development of a nuclear-armed missile that is capable of reaching United States territory.</ins>

## Sec. 1099Z–3 Conditions with respect to certain accounts and transactions at United States financial institutions — added

- (a) <ins>Correspondent and payable-through accounts held by foreign financial institutions—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds knowingly facilitates a significant transaction or provides significant financial services for a covered person.</ins>
  - (2) <ins>Penalties—</ins> <ins></ins>
    - (A) <ins>Civil penalty—</ins> <ins>A person who violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this subsection shall be subject to a civil penalty in an amount not to exceed the greater of—</ins>
      - (i) <ins>$250,000; or</ins>
      - (ii) <ins>an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.</ins>
    - (B) <ins>Criminal penalty—</ins> <ins>A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, a violation of regulations prescribed under this subsection shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.</ins>
- (b) <ins>Restrictions on certain transactions by United States financial institutions—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to prohibit a United States financial institution, and any person owned or controlled by a United States financial institution, from knowingly engaging in a significant transaction with or benefitting any person that the Secretary finds to be a covered person.</ins>
  - (2) <ins>Civil penalty—</ins> <ins>A person who violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this subsection shall be subject to a civil penalty in an amount not to exceed the greater of—</ins>
    - (A) <ins>$250,000; or</ins>
    - (B) <ins>an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.</ins>

## Sec. 1099Z–4 Opposition to assistance by the international financial institutions and the Export-Import Bank — added

- (a) <ins>International financial institutions—</ins> <ins>The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end the following:</ins>
  - <ins>“73. Opposition to assistance for any government that fails to implement sanctions on North Korea</ins>
  - <ins>“(a) In general—The Secretary of the Treasury shall instruct the United States Executive Director at the international financial institutions (as defined under section 1701(c) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose the provision of financial assistance to a foreign government, other than assistance to support basic human needs, if the President determines that, in the year preceding consideration of approval of such assistance, the government has knowingly failed to prevent the provision of financial services to, or freeze the funds, financial assets, and economic resources of, a person described under subparagraphs (A) through (E) of section 7(2) of the Otto Warmbier North Korea Nuclear Sanctions Act of 2019.</ins>
  - <ins>“(b) Waiver—The President may waive subsection (a) for up to 180 days at a time with respect to a foreign government if the President reports to Congress that—</ins>
  - <ins>“(1) the foreign government’s failure described under (a) is due exclusively to a lack of foreign government capacity;</ins>
  - <ins>“(2) the foreign government is taking effective steps to prevent recurrence of such failure; or</ins>
  - <ins>“(3) such waiver is vital to the national security interests of the United States.”</ins>
- (b) <ins>Export-Import Bank—</ins> <ins>Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at the end the following:</ins>
  - <ins>“(14) Prohibition on support involving persons connected with North Korea—The Bank may not guarantee, insure, or extend credit, or participate in the extension of credit in connection with the export of a good or service to a covered person (as defined under section 7 of the Otto Warmbier North Korea Nuclear Sanctions Act of 2019).”</ins>

## Sec. 1099Z–5 Treasury reports on compliance, penalties, and technical assistance — added

- (a) <ins>Semiannual report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 120 days following the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that includes—</ins>
    - (A) <ins>a list of financial institutions that, in the period since the preceding report, knowingly facilitated a significant transaction or transactions or provided significant financial services for a covered person;</ins>
    - (B) <ins>a list of any penalties imposed under section 3 in the period since the preceding report; and</ins>
    - (C) <ins>a description of efforts by the Department of the Treasury in the period since the preceding report, through consultations, technical assistance, or other appropriate activities, to strengthen the capacity of financial institutions and foreign governments to prevent the provision of financial services benefitting any covered person.</ins>
  - (2) <ins>Form of report; public availability—</ins> <ins></ins>
    - (A) <ins>Form—</ins> <ins>The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.</ins>
    - (B) <ins>Public availability—</ins> <ins>The unclassified portion of such report shall be made available to the public and posted on the website of the Department of the Treasury.</ins>
  - (3) <ins>Sunset—</ins> <ins>The report requirement under this subsection shall terminate after the end of the 5-year period beginning on the date of enactment of this Act.</ins>
- (b) <ins>Testimony required—</ins> <ins>Upon request of the Committee on Financial Services of the House of Representatives or the Committee on Banking, Housing, and Urban Affairs of the Senate, the Under Secretary of the Treasury for Terrorism and Financial Intelligence shall testify to explain the effects of this Act, and the amendments made by this Act, on North Korea’s access to illicit finance channels.</ins>
- (c) <ins>International Monetary Fund—</ins> <ins>Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:</ins>
  - <ins>“1629. Support for capacity of the International Monetary Fund to prevent money laundering and financing of terrorism</ins>
  - <ins>“The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to support the increased use of the administrative budget of the Fund for technical assistance that strengthens the capacity of Fund members to prevent money laundering and the financing of terrorism.”</ins>
- (d) <ins>National Advisory Council report to Congress—</ins> <ins>The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the report required by section 1701 of the International Financial Institutions Act (22 U.S.C. 262r) a description of—</ins>
  - (1) <ins>the activities of the International Monetary Fund in the most recently completed fiscal year to provide technical assistance that strengthens the capacity of Fund members to prevent money laundering and the financing of terrorism, and the effectiveness of the assistance; and</ins>
  - (2) <ins>the efficacy of efforts by the United States to support such technical assistance through the use of the Fund’s administrative budget, and the level of such support.</ins>
- (e) <ins>Sunset—</ins> <ins>Effective on the date that is the end of the 4-year period beginning on the date of enactment of this Act, section 1629 of the International Financial Institutions Act, as added by subsection (c), is repealed.</ins>

## Sec. 1099Z–6 Suspension and termination of prohibitions and penalties — added

- (a) <ins>Suspension—</ins> <ins>Except for any provision of section 1098, the President may suspend, on a case-by-case basis, the application of any provision of this subtitle, or provision in an amendment made by this subtitle, with respect to an entity, individual, or transaction, for a period of not more than 180 days at a time if the President certifies to Congress that—</ins>
  - (1) <ins>the Government of North Korea has—</ins>
    - (A) <ins>committed to the verifiable suspension of North Korea’s proliferation and testing of WMD, including systems designed in whole or in part for the delivery of such weapons; and</ins>
    - (B) <ins>has agreed to multilateral talks including the Government of the United States, with the goal of permanently and verifiably limiting North Korea’s WMD and ballistic missile programs; or</ins>
  - (2) <ins>such suspension is vital to the national security interests of the United States, with an explanation of the reasons therefor.</ins>
- (b) <ins>Termination—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>On the date that is 30 days after the date on which the President makes the certification described under paragraph (2)—</ins>
    - (A) <ins>subsection (a), section 1094, and subsections (a) and (b) of section 1096 shall cease to have any force or effect;</ins>
    - (B) <ins>section 73 of the Bretton Woods Agreements Act, as added by section 4(a), shall be repealed; and</ins>
    - (C) <ins>section 2(b)(14) of the Export-Import Bank Act of 1945, as added by section 4(b), shall be repealed.</ins>
  - (2) <ins>Certification—</ins> <ins>The certification described under this paragraph is a certification by the President to the Congress that—</ins>
    - (A) <ins>the Government of North Korea—</ins>
      - (i) <ins>has ceased to pose a significant threat to national security, with an explanation of the reasons therefor; or</ins>
      - (ii) <ins>is committed to, and is taking effective steps to achieving, the goal of permanently and verifiably limiting North Korea’s WMD and ballistic missile programs; or</ins>
    - (B) <ins>such termination is vital to the national security interests of the United States, with an explanation of the reasons therefor.</ins>

## Sec. 1099Z–7 Exception relating to importation of goods — added

- (a) <ins>In general—</ins> <ins>The authorities and requirements to impose sanctions authorized under this subtitle shall not include the authority or requirement to impose sanctions on the importation of goods.</ins>
- (b) <ins>Good defined—</ins> <ins>In this section, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.</ins>

## Sec. 1099Z–8 Definitions — added

- <ins>For purposes of this subtitle:</ins>
- (1) <ins>Terms related to North Korea—</ins> <ins>The terms “applicable Executive order”, “Government of North Korea”, “North Korea”, “North Korean person”, and “significant activities undermining cybersecurity” have the meanings given those terms, respectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).</ins>
- (2) <ins>Covered person—</ins> <ins>The term “covered person” means the following:</ins>
  - (A) <ins>Any North Korean person designated under an applicable Executive order.</ins>
  - (B) <ins>Any North Korean person that knowingly facilitates the transfer of bulk cash or covered goods (as defined under section 1027.100 of title 31, Code of Federal Regulations).</ins>
  - (C) <ins>Any North Korean financial institution.</ins>
  - (D) <ins>Any North Korean person employed outside of North Korea, except that the Secretary of the Treasury may waive the application of this subparagraph for a North Korean person that is not otherwise a covered person and—</ins>
    - (i) <ins>has been granted asylum or refugee status by the country of employment; or</ins>
    - (ii) <ins>is employed as essential diplomatic personnel for the Government of North Korea.</ins>
  - (E) <ins>Any person acting on behalf of, or at the direction of, a person described under subparagraphs (A) through (D).</ins>
  - (F) <ins>Any person that knowingly employs a person described under subparagraph (D).</ins>
  - (G) <ins>Any person that knowingly facilitates the import of goods, services, technology, or natural resources, including energy imports and minerals, or their derivatives, from North Korea.</ins>
  - (H) <ins>Any person that knowingly facilitates the export of goods, services, technology, or natural resources, including energy exports and minerals, or their derivatives, to North Korea, except for food, medicine, or medical supplies required for civilian humanitarian needs.</ins>
  - (I) <ins>Any person that knowingly invests in, or participates in a joint venture with, an entity in which the Government of North Korea participates or an entity that is created or organized under North Korean law.</ins>
  - (J) <ins>Any person that knowingly provides financial services, including through a subsidiary or joint venture, in North Korea.</ins>
  - (K) <ins>Any person that knowingly insures, registers, facilitates the registration of, or maintains insurance or a registration for, a vessel owned, controlled, commanded, or operated by a North Korean person.</ins>
  - (L) <ins>Any person knowingly providing specialized teaching, training, or information or providing material or technological support to a North Korean person that—</ins>
    - (i) <ins>may contribute to North Korea’s development and proliferation of WMD, including systems designed in whole or in part for the delivery of such weapons; or</ins>
    - (ii) <ins>may contribute to significant activities undermining cybersecurity.</ins>
- (3) <ins>Financial institution definitions—</ins> <ins></ins>
  - (A) <ins>Financial institution—</ins> <ins>The term “financial institution” means a United States financial institution or a foreign financial institution.</ins>
  - (B) <ins>Foreign financial institution—</ins> <ins>The term “foreign financial institution” has the meaning given that term under section 1010.605 of title 31, Code of Federal Regulations.</ins>
  - (C) <ins>North Korean financial institution—</ins> <ins>The term “North Korean financial institution” includes—</ins>
    - (i) <ins>any North Korean financial institution, as defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202);</ins>
    - (ii) <ins>any financial agency, as defined in section 5312 of title 31, United States Code, that is owned or controlled by the Government of North Korea;</ins>
    - (iii) <ins>any money transmitting business, as defined in section 5330(d) of title 31, United States Code, that is owned or controlled by the Government of North Korea;</ins>
    - (iv) <ins>any financial institution that is a joint venture between any person and the Government of North Korea; and</ins>
    - (v) <ins>any joint venture involving a North Korean financial institution.</ins>
  - (D) <ins>United States financial institution—</ins> <ins>The term “United States financial institution” has the meaning given the term “U.S. financial institution” under section 510.310 of title 31, Code of Federal Regulations.</ins>
- (4) <ins>Knowingly—</ins> <ins>The term “knowingly” with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.</ins>

## Sec. 1113 Designating certain FEHBP and FEGLI services provided by Federal employees as excepted services under the Anti-Deficiency Act — added

- (a) <ins>FEHBP—</ins> <ins>Section 8905 of title 5, United States Code, is amended by adding at the end the following:</ins>
  - <ins>“(i) Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.”</ins>
- (b) <ins>FEGLI—</ins> <ins>Section 8702 of title 5, United States Code, is amended by adding at the end the following:</ins>
  - <ins>“(d) Any services by an officer or employee under this chapter relating to benefits under this chapter shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.”</ins>
- (c) <ins>Regulations—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Office of Personnel Management shall prescribe regulations to carry out the amendments made by subsections (a) and (b).</ins>
  - (2) <ins>Pay status for furloughed employees—</ins> <ins>The regulations prescribed under paragraph (1) for the amendments made by subsection (a) shall provide that an employee furloughed as result of a lapse in appropriations shall, during such lapse, be deemed to be in a pay status for purposes of enrolling or changing the enrollment (as the case may be) of that employee under chapter 89 of title 5, United States Code.</ins>
- (d) <ins>Application—</ins> <ins>The amendments made by subsection (a) and (b) shall apply to any lapse in appropriations beginning on or after the date of enactment of this Act.</ins>

## Sec. 1114 Continuing supplemental dental and vision benefits and long-term care insurance coverage during a Government shutdown — added

- (a) <ins>In general—</ins> <ins>Title 5, United States Code, is amended—</ins>
  - (1) <ins>in section 8956, by adding at the end the following:</ins>
    - <ins>“(d) Coverage under a dental benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.”</ins>
  - (2) <ins>in section 8986, by adding at the end the following:</ins>
    - <ins>“(d) Coverage under a vision benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.”</ins>
  - (3) <ins>in section 9003, by adding at the end the following:</ins>
    - <ins>“(e) Effect of Government shutdown—Coverage under a master contract under this chapter for long-term care insurance for an employee or member of the uniformed services enrolled under such contract and who, due to a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.”</ins>
- (b) <ins>Regulations—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Consistent with paragraph (2), the Director of the Office of Personnel Management shall prescribe regulations under which premiums for supplemental dental, supplemental vision, or long-term care insurance under chapter 89A, 89B, or 90 (respectively) of title 5, United States Code, (as amended by subsection (a)) that are unpaid by an employee, a covered TRICARE-eligible individual, or a member of the uniformed services (as the case may be), as a result of that employee, covered TRICARE-eligible individual, or member being furloughed or excepted from furlough and working without pay as a result of a lapse in appropriations, are paid to the applicable carrier from back pay made available to the employee or member as soon as practicable upon the end of such lapse.</ins>
  - (2) <ins>Long-term care premiums from source other than backpay—</ins> <ins>The regulations promulgated under paragraph (1) for the amendments made by subsection (a)(3) may provide, with respect to any individual who elected under section 9004(d) of title 5, United States Code, to pay premiums directly to the carrier, that such individual may continue to pay premiums pursuant to such election instead of from back pay made available to such individual.</ins>
- (c) <ins>Application—</ins> <ins>The amendments made by subsection (a) shall apply to any contract for supplemental dental, supplemental vision, or long-term care insurance under chapter 89A, 89B, or 90 (respectively) of title 5, United States Code, entered into before, on, or after the date of enactment of this Act.</ins>

## Sec. 1115 Interim Stay Authority To Protect Whistleblowers — added

- (a) <ins>Temporary authority for MSPB general counsel to issue stays of personnel actions—</ins> <ins>During the period beginning on the date of the enactment of this Act and ending on the first date after such date of enactment that an individual is confirmed by the Senate as a member of the Merit Systems Protection Board under section 1201 of title 5, United States Code, the general counsel of the Board shall carry out the functions and authorities relating to stays of personnel actions provided to a member of the Board under subparagraph (A), or to the Board under subparagraph (B), (C), or (D), of section 1214(b)(1) of such title.</ins>
- (b) <ins>Authority for MSPB member to carry out duties of the Board in the event of a lack of quorum—</ins> <ins>Section 1214(b)(1) of title 5, United States Code, is amended—</ins>
  - (1) <ins>in subparagraph (C), by inserting after “The Board” the following: “, or, if the Board lacks the number of members appointed under section 1201 required to constitute a quorum, any remaining member of the Board,”; and</ins>
  - (2) <ins>in subparagraph (D), in the matter preceding clause (i), by striking “A stay may be terminated by the Board at any time, except that a stay may not be terminated by the Board” and inserting the following: “A stay may be terminated by the Board, or, if the Board lacks the number of members appointed under section 1201 required to constitute a quorum, any remaining member of the Board, at any time, except that a stay may not be terminated by the Board or any remaining member of the Board (as the case may be)”.</ins>

## Sec. 1116 Limitation on transfer of Office of Personnel Management — added

- <ins>The President or his designee may not take any action to transfer, transition, merge, or consolidate any functions, responsibilities, programs, authorities, information technology systems, staff, resources, or records of the Office of Personnel to or with the General Services Administration, the Office of Management and Budget, or the Executive Office of the President.</ins>

## Sec. 1117 Review of Standard Occupational Classification System — added

- <ins>The Director of the Office of Management and Budget shall not later than 30 days after the date of the enactment of this Act, categorize public safety telecommunicators as a protective service occupation under the Standard Occupational Classification System.</ins>

## Sec. 1118 Assessment of Accelerated Promotion Program suspension — added

- (a) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall enter into an agreement with a Federally funded research and development center with relevant expertise to conduct an assessment of the impacts resulting from the Navy’s suspension in 2016 of the Accelerated Promotion Program (in this section referred to as the “APP”).</ins>
- (b) <ins>Elements—</ins> <ins>The assessment required under subsection (a) shall include the following elements:</ins>
  - (1) <ins>An identification of the employees who were hired at the four public shipyards between January 23, 2016, and December 22, 2016, covering the period in which APP was suspended, and who would have otherwise been eligible for APP had the program been in effect at the time they were hired.</ins>
  - (2) <ins>An assessment for each employee identified in paragraph (1) to determine the difference between wages earned from the date of hire to the date on which the wage data would be collected and the wages which would have been earned during this same period should that employee have participated in APP from the date of hire and been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension.</ins>
  - (3) <ins>An assessment for each employee identified in paragraph (1) to determine at what grade and step each effected employee would be at on October 1, 2020, had that employee been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension.</ins>
  - (4) <ins>An evaluation of existing authorities available to the Secretary to determine whether the Secretary can take measures using those authorities to provide the pay difference and corresponding interest, at a rate of the federal short–term interest rate plus 3 percent, to each effected employee identified in paragraph (2) and directly promote the employee to the grade and step identified in paragraph (3).</ins>
- (c) <ins>Report—</ins> <ins>The Secretary shall submit to the congressional defense committees a report on the results of the evaluation by not later than June 1, 2020, and shall provide interim briefings upon request.</ins>

## Sec. 1119 Reimbursement for Federal, State, and local income taxes incurred during travel, transportation, and relocation — added

- (a) <ins>In general—</ins> <ins>Section 5724b of title 5, United States Code, is amended—</ins>
  - (1) <ins>in the section heading, by striking “of employees transferred”;</ins>
  - (2) <ins>in subsection (a)—</ins>
    - (A) <ins>in the first sentence, by striking “employee, or by an employee and such employee’s spouse (if filing jointly), for any moving or storage” and inserting “individual, or by an individual and such individual’s spouse (if filing jointly), for any travel, transportation, or relocation”; and</ins>
    - (B) <ins>in the second sentence, by striking “employee” and inserting “individual, or the individual”; and</ins>
  - (3) <ins>by striking subsection (b) and inserting the following:</ins>
    - <ins>“(b) For purposes of this section, the term “travel, transportation, or relocation expenses” means all travel, transportation, or relocation expenses reimbursed or furnished in kind pursuant to this subchapter.”</ins>
- (b) <ins>Technical and conforming amendment—</ins> <ins>The table of sections for chapter 57 of title 5, United States Code, is amended by striking the item relating to section 5724b and inserting the following:</ins>
- (c) <ins>Effective date—</ins> <ins>The amendments made by this section shall—</ins>
  - (1) <ins>take effect on the date of the enactment of this Act; and</ins>
  - (2) <ins>apply to travel, transportation, or relocation expenses incurred on or after that date.</ins>

## Sec. 1120 Clarification of limitation on expedited hiring authority for post-secondary students — added

- <ins>Section 3116(d)(1) of title 5, United States Code, is amended to read as follows:</ins>
- <ins>“(1) In general—Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position at the GS–11 level, or an equivalent level, or below.”</ins>

## Sec. 1121 Short title — added

- <ins>This subtitle may be cited as the “Federal Employee Paid Leave Act”.</ins>

## Sec. 1122 Paid family leave for Federal employees covered by title 5 — added

- (a) <ins>In general—</ins> <ins>Subsection (c) of section 6382 of title 5, United States Code, is amended to read as follows:</ins>
  - <ins>“(c)</ins>
  - <ins>“(1) Leave granted under subsection (a) shall be paid leave.</ins>
  - <ins>“(2)</ins>
  - <ins>“(A) An employee may elect to substitute for any leave under such subsection any other paid leave which is available to such employee for that purpose.</ins>
  - <ins>“(B) Subparagraph (A) shall not be construed to require that an employee first use all or any portion of the other paid leave described in such subparagraph before being allowed to use leave under subsection (a).</ins>
  - <ins>“(3) Leave under subsection (a)—</ins>
  - <ins>“(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency;</ins>
  - <ins>“(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and</ins>
  - <ins>“(C) if not used by the employee before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.</ins>
  - <ins>“(4) The Director of the Office of Personnel Management—</ins>
  - <ins>“(A) may promulgate regulations to increase the amount of leave available to an employee under subsection (a) to a total of not more than 16 administrative workweeks, based on the consideration of—</ins>
  - <ins>“(i) the benefits provided to the Federal Government of increasing such leave, including enhanced recruitment and retention of employees;</ins>
  - <ins>“(ii) the cost to the Federal Government of increasing the amount of such leave that is available to employees;</ins>
  - <ins>“(iii) trends in the private sector and in State and local governments with respect to offering such leave;</ins>
  - <ins>“(iv) the Federal Government’s role as a model employer;</ins>
  - <ins>“(v) the impact of increased leave under subsection (a) on lower-income and economically disadvantaged employees and their children; and</ins>
  - <ins>“(vi) such other factors as the Director considers necessary; and</ins>
  - <ins>“(B) shall prescribe any regulations necessary to carry out this subsection, including the manner in which an employee may designate any day or other period as to which such employee wishes to use leave under subsection (a).”</ins>
- (b) <ins>Effective date—</ins> <ins>The amendment made by this section shall not be effective with respect to any birth or placement occurring before October 1, 2020.</ins>

## Sec. 1123 Paid family leave for congressional employees — added

- (a) <ins>Amendments to congressional accountability act—</ins> <ins>Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended—</ins>
  - (1) <ins>in subsection (a)(1), by adding at the end the following: “In applying section 102(a)(1) of such Act to covered employees, subsection (d) shall apply.”;</ins>
  - (2) <ins>by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and</ins>
  - (3) <ins>by inserting after subsection (c) the following:</ins>
    - <ins>“(d) Special rule for paid family leave for congressional employees</ins>
    - <ins>“(1) In general—Any leave taken by a covered employee under section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) shall be paid leave.</ins>
    - <ins>“(2) Amount of paid leave—The paid leave that is available to a covered employee for purposes of paragraph (1) is—</ins>
    - <ins>“(A) the number of weeks of paid family leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid family leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and</ins>
    - <ins>“(B) any additional paid vacation or sick leave provided by the employing office to such employee.</ins>
    - <ins>“(3) Substitution—An employee may elect to substitute for any leave under such section 102(a)(1) any other paid leave which is available to such employee for that purpose. The previous sentence shall not be construed to require that an employee first use all or any portion of the other paid leave before being allowed to use the paid family leave described in this subsection.</ins>
    - <ins>“(4) Additional rules—Paid family leave under this subsection—</ins>
    - <ins>“(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and</ins>
    - <ins>“(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use.”</ins>
- (b) <ins>Effective date—</ins> <ins>The amendment made by this section shall not be effective with respect to any birth or placement occurring before October 1, 2020.</ins>

## Sec. 1124 Conforming amendment to Family and Medical Leave Act for GAO employees — added

- (a) <ins>Amendment to Family and Medical Leave Act of 1993—</ins> <ins>Section 102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by adding at the end the following:</ins>
  - <ins>“(3) Special rule for GAO employees</ins>
  - <ins>“(A) In general—Any leave under subsection (a)(1) taken by an employee of the Government Accountability Office shall be paid leave.</ins>
  - <ins>“(B) Amount of paid leave—The paid leave that is available to such an employee for purposes of subparagraph (A) is—</ins>
  - <ins>“(i) the number of weeks of paid family leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid family leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and</ins>
  - <ins>“(ii) any additional paid vacation or sick leave provided by such employer.</ins>
  - <ins>“(C) Substitution—An employee may elect to substitute for any leave under subsection (a)(1) any other paid leave which is available to such employee for that purpose. The previous sentence shall not be construed to require that an employee first use all or any portion of the other paid leave before being allowed to use the paid family leave described in this subsection.</ins>
  - <ins>“(D) Additional rules—Paid family leave under subsection (a)(1)—</ins>
  - <ins>“(i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the Government Accountability Office; and</ins>
  - <ins>“(ii) if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use.”</ins>
- (b) <ins>Effective date—</ins> <ins>The amendment made by this section shall not be effective with respect to any birth or placement occurring before October 1, 2020.</ins>

## Sec. 1125 Clarification for members of the National Guard and Reserves — added

- (a) <ins>Executive branch employees—</ins> <ins>For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to paragraph (2) of such section (as added by section 1122), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title.</ins>
- (b) <ins>Congressional employees—</ins> <ins>For purposes of determining the eligibility of a covered employee (as such term is defined in section 101(3) of the Congressional Accountability Act) who is a member of the National Guard or Reserves to take leave under section 102(a)(1) of the Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of the Congressional Accountability Act), or to substitute such leave pursuant to subsection (d) of section 202 of such Act (as added by section 1123), any service by such employee on active duty (as defined in section 101(14) of the Family and Medical Leave Act of 1993) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act.</ins>
- (c) <ins>GAO employees—</ins> <ins>For purposes of determining the eligibility of an employee of the Government Accountability Office who is a member of the National Guard or Reserves to take leave under section 102(a)(1) of the Family and Medical Leave Act of 1993, or to substitute such leave pursuant to paragraph (3) of section 102(d) of such Act (as added by section 1124), any service by such employee on active duty (as defined in section 101(14) of such Act) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act.</ins>

## Sec. 1126 Conforming amendment for certain TSA employees — added

- <ins>Section 111(d)(2) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended to read as follows:</ins>
- <ins>“(2) Exceptions</ins>
- <ins>“(A) Reemployment—In carrying out the functions authorized under paragraph (1), the Under Secretary shall be subject to the provisions set forth in chapter 43 of title 38, United States Code.</ins>
- <ins>“(B) Leave—The provisions of section 6382(a)(1) of title 5, United States Code, and subsection (c) of such section shall apply to any individual appointed under paragraph (1).”</ins>

## Sec. 1131 Short title — added

- <ins>This subtitle may be cited as the “Fair Chance to Compete for Jobs Act of 2019” or the “Fair Chance Act”.</ins>

## Sec. 1132 Prohibition on criminal history inquiries prior to conditional offer for Federal employment — added

- (a) <ins>In general—</ins> <ins>Subpart H of part III of title 5, United States Code, is amended by adding at the end the following:</ins>
  - <ins>“92 Prohibition on criminal history inquiries prior to conditional offer</ins>
  - <ins>“9201. Definitions</ins>
  - <ins>“In this chapter—</ins>
  - <ins>“(1) the term agency means “Executive agency” as such term is defined in section 105 and includes—</ins>
  - <ins>“(A) the United States Postal Service and the Postal Regulatory Commission; and</ins>
  - <ins>“(B) the Executive Office of the President;</ins>
  - <ins>“(2) the term appointing authority means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service;</ins>
  - <ins>“(3) the term conditional offer means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry;</ins>
  - <ins>“(4) the term criminal history record information—</ins>
  - <ins>“(A) except as provided in subparagraphs (B) and (C), has the meaning given the term in section 9101(a);</ins>
  - <ins>“(B) includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and</ins>
  - <ins>“(C) includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and</ins>
  - <ins>“(5) the term suspension has the meaning given the term in section 7501.</ins>
  - <ins>“9202. Limitations on requests for criminal history record information</ins>
  - <ins>“(a) Inquiries prior to conditional offer—Except as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.</ins>
  - <ins>“(b) Otherwise required by law—The prohibition under subsection (a) shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.</ins>
  - <ins>“(c) Exception for certain positions</ins>
  - <ins>“(1) In general—The prohibition under subsection (a) shall not apply with respect to an applicant for an appointment to a position—</ins>
  - <ins>“(A) that requires a determination of eligibility described in clause (i), (ii), or (iii) of section 9101(b)(1)(A);</ins>
  - <ins>“(B) as a Federal law enforcement officer (as defined in section 115(c) of title 18); or</ins>
  - <ins>“(C) identified by the Director of the Office of Personnel Management in the regulations issued under paragraph (2).</ins>
  - <ins>“(2) Regulations</ins>
  - <ins>“(A) Issuance—The Director of the Office of Personnel Management shall issue regulations identifying additional positions with respect to which the prohibition under subsection (a) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions.</ins>
  - <ins>“(B) Compliance with civil rights laws—The regulations issued under subparagraph (A) shall—</ins>
  - <ins>“(i) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and</ins>
  - <ins>“(ii) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws.</ins>
  - <ins>“9203. Agency policies; complaint procedures</ins>
  - <ins>“The Director of the Office of Personnel Management shall—</ins>
  - <ins>“(1) develop, implement, and publish a policy to assist employees of agencies in complying with section 9202 and the regulations issued pursuant to such section; and</ins>
  - <ins>“(2) establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint, or any other information, relating to compliance by an employee of an agency with section 9202.</ins>
  - <ins>“9204. Adverse action</ins>
  - <ins>“(a) First violation—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—</ins>
  - <ins>“(1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and</ins>
  - <ins>“(2) file such warning in the employee’s official personnel record file.</ins>
  - <ins>“(b) Subsequent violations—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:</ins>
  - <ins>“(1) For a second violation, suspension of the employee for a period of not more than 7 days.</ins>
  - <ins>“(2) For a third violation, suspension of the employee for a period of more than 7 days.</ins>
  - <ins>“(3) For a fourth violation—</ins>
  - <ins>“(A) suspension of the employee for a period of more than 7 days; and</ins>
  - <ins>“(B) a civil penalty against the employee in an amount that is not more than $250.</ins>
  - <ins>“(4) For a fifth violation—</ins>
  - <ins>“(A) suspension of the employee for a period of more than 7 days; and</ins>
  - <ins>“(B) a civil penalty against the employee in an amount that is not more than $500.</ins>
  - <ins>“(5) For any subsequent violation—</ins>
  - <ins>“(A) suspension of the employee for a period of more than 7 days; and</ins>
  - <ins>“(B) a civil penalty against the employee in an amount that is not more than $1,000.</ins>
  - <ins>“9205. Procedures</ins>
  - <ins>“(a) Appeals—The Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any adverse action taken under section 9204 by not later than 30 days after the date of the action.</ins>
  - <ins>“(b) Applicability of other laws—An adverse action taken under section 9204 (including a determination in an appeal from such an action under subsection (a) of this section) shall not be subject to—</ins>
  - <ins>“(1) the procedures under chapter 75; or</ins>
  - <ins>“(2) except as provided in subsection (a) of this section, appeal or judicial review.</ins>
  - <ins>“9206. Rules of construction</ins>
  - <ins>“Nothing in this chapter may be construed to—</ins>
  - <ins>“(1) authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or</ins>
  - <ins>“(2) create a private right of action for any person.”</ins>
- (b) <ins>Regulations; effective date—</ins> <ins></ins>
  - (1) <ins>Regulations—</ins> <ins>Not later than 1 year after the date of enactment of this subtitle, the Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out chapter 92 of title 5, United States Code (as added by this subtitle).</ins>
  - (2) <ins>Effective date—</ins> <ins>Section 9202 of title 5, United States Code (as added by this subtitle), shall take effect on the date that is 2 years after the date of enactment of this subtitle.</ins>
- (c) <ins>Technical and conforming amendment—</ins> <ins>The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 91 the following:</ins>
- (d) <ins>Application to Legislative Branch—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended—</ins>
    - (A) <ins>in section 102(a) (2 U.S.C. 1302(a)), by adding at the end the following:</ins>
      - <ins>“(12) Section 9202 of title 5, United States Code.”</ins>
    - (B) <ins>by redesignating section 207 (2 U.S.C. 1317) as section 208; and</ins>
    - (C) <ins>by inserting after section 206 (2 U.S.C. 1316) the following new section:</ins>
      - <ins>“207. Rights and protections relating to criminal history inquiries</ins>
      - <ins>“(a) Definitions—In this section, the terms agency, criminal history record information, and suspension have the meanings given the terms in section 9201 of title 5, United States Code, except as otherwise modified by this section.</ins>
      - <ins>“(b) Restrictions on criminal history inquiries</ins>
      - <ins>“(1) In general</ins>
      - <ins>“(A) In general—Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5, United States Code, if made by an employee of an agency.</ins>
      - <ins>“(B) Conditional offer—For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry.</ins>
      - <ins>“(2) Rules of construction—The provisions of section 9206 of title 5, United States Code, shall apply to employing offices, consistent with regulations issued under subsection (d).</ins>
      - <ins>“(c) Remedy</ins>
      - <ins>“(1) In general—The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under section 9204 of title 5, United States Code, if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section 202.</ins>
      - <ins>“(2) Process for obtaining relief—An applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of title IV (other than section 407 or 408, or a provision of this title that permits a person to obtain a civil action or judicial review), consistent with regulations issued under subsection (d).</ins>
      - <ins>“(d) Regulations To implement section</ins>
      - <ins>“(1) In general—Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Board shall, pursuant to section 304, issue regulations to implement this section.</ins>
      - <ins>“(2) Parallel with agency regulations—The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 to implement the statutory provisions referred to in subsections (a) through (c) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.</ins>
      - <ins>“(e) Effective Date—Section 102(a)(12) and subsections (a) through (c) shall take effect on the date on which section 9202 of title 5, United States Code, applies with respect to agencies.”</ins>
  - (2) <ins>Clerical amendments—</ins> <ins></ins>
    - (A) <ins>The table of contents in section 1(b) of the Congressional Accountability Act of 1995 (Public Law 104–1; 109 Stat. 3) is amended—</ins>
      - (i) <ins>by redesignating the item relating to section 207 as the item relating to section 208; and</ins>
      - (ii) <ins>by inserting after the item relating to section 206 the following new item:</ins>
    - (B) <ins>Section 62(e)(2) of the Internal Revenue Code of 1986 is amended by striking “or 207” and inserting “207, or 208”.</ins>
- (e) <ins>Application to judicial branch—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Section 604 of title 28, United States Code, is amended by adding at the end the following:</ins>
    - <ins>“(i) Restrictions on criminal history inquiries</ins>
    - <ins>“(1) Definitions—In this subsection—</ins>
    - <ins>“(A) the terms agency and criminal history record information have the meanings given those terms in section 9201 of title 5;</ins>
    - <ins>“(B) the term covered employee means an employee of the judicial branch of the United States Government, other than—</ins>
    - <ins>“(i) any judge or justice who is entitled to hold office during good behavior;</ins>
    - <ins>“(ii) a United States magistrate judge; or</ins>
    - <ins>“(iii) a bankruptcy judge; and</ins>
    - <ins>“(C) the term employing office means any office or entity of the judicial branch of the United States Government that employs covered employees.</ins>
    - <ins>“(2) Restriction—A covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency.</ins>
    - <ins>“(3) Employing office policies; complaint procedure—The provisions of sections 9203 and 9206 of title 5 shall apply to employing offices and to applicants for employment as covered employees, consistent with regulations issued by the Director to implement this subsection.</ins>
    - <ins>“(4) Adverse action</ins>
    - <ins>“(A) Adverse action—The Director may take such adverse action with respect to a covered employee who violates paragraph (2) as would be appropriate under section 9204 of title 5 if the violation had been committed by an employee of an agency.</ins>
    - <ins>“(B) Appeals—The Director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph (A) by not later than 30 days after the date of the action.</ins>
    - <ins>“(C) Applicability of other laws—Except as provided in subparagraph (B), an adverse action taken under subparagraph (A) (including a determination in an appeal from such an action under subparagraph (B)) shall not be subject to appeal or judicial review.</ins>
    - <ins>“(5) Regulations to be issued</ins>
    - <ins>“(A) In general—Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Director shall issue regulations to implement this subsection.</ins>
    - <ins>“(B) Parallel with agency regulations—The regulations issued under subparagraph (A) shall be the same as substantive regulations promulgated by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 except to the extent that the Director of the Administrative Office of the United States Courts may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection.</ins>
    - <ins>“(6) Effective date—Paragraphs (1) through (4) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.”</ins>

## Sec. 1133 Prohibition on criminal history inquiries by contractors prior to conditional offer — added

- (a) <ins>Civilian agency contracts—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section:</ins>
    - <ins>“4714. Prohibition on criminal history inquiries by contractors prior to conditional offer</ins>
    - <ins>“(a) Limitation on criminal history inquiries</ins>
    - <ins>“(1) In general—Except as provided in paragraphs (2) and (3), an executive agency—</ins>
    - <ins>“(A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and</ins>
    - <ins>“(B) shall require, as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant.</ins>
    - <ins>“(2) Otherwise required by law—The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.</ins>
    - <ins>“(3) Exception for certain positions</ins>
    - <ins>“(A) In general—The prohibition under paragraph (1) does not apply with respect to—</ins>
    - <ins>“(i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or</ins>
    - <ins>“(ii) a position that the Administrator of General Services identifies under the regulations issued under subparagraph (B).</ins>
    - <ins>“(B) Regulations</ins>
    - <ins>“(i) Issuance—Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Administrator of General Services, in consultation with the Secretary of Defense, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions.</ins>
    - <ins>“(ii) Compliance with civil rights laws—The regulations issued under clause (i) shall—</ins>
    - <ins>“(I) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and</ins>
    - <ins>“(II) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws.</ins>
    - <ins>“(b) Complaint procedures—The Administrator of General Services shall establish and publish procedures under which an applicant for a position with a Federal contractor may submit to the Administrator a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).</ins>
    - <ins>“(c) Action for violations of prohibition on criminal history inquiries</ins>
    - <ins>“(1) First violation—If the head of an executive agency determines that a contractor has violated subsection (a)(1)(B), such head shall—</ins>
    - <ins>“(A) notify the contractor;</ins>
    - <ins>“(B) provide 30 days after such notification for the contractor to appeal the determination; and</ins>
    - <ins>“(C) issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations.</ins>
    - <ins>“(2) Subsequent violation—If the head of an executive agency determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), such head shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor’s history of violations, including—</ins>
    - <ins>“(A) providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section;</ins>
    - <ins>“(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and</ins>
    - <ins>“(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section.</ins>
    - <ins>“(d) Definitions—In this section:</ins>
    - <ins>“(1) Conditional offer—The term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry.</ins>
    - <ins>“(2) Criminal history record information—The term criminal history record information has the meaning given that term in section 9201 of title 5.”</ins>
  - (2) <ins>Clerical amendment—</ins> <ins>The table of sections for chapter 47 of title 41, United States Code, is amended by adding at the end the following new item:</ins>
  - (3) <ins>Effective date—</ins> <ins>Section 4714 of title 41, United States Code, as added by paragraph (1), shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section 1122(b)(2) of this subtitle.</ins>
- (b) <ins>Defense contracts—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Chapter 137 of title 10, United States Code, is amended by inserting after section 2338 the following new section:</ins>
    - <ins>“2339. Prohibition on criminal history inquiries by contractors prior to conditional offer</ins>
    - <ins>“(a) Limitation on criminal history inquiries</ins>
    - <ins>“(1) In general—Except as provided in paragraphs (2) and (3), the head of an agency—</ins>
    - <ins>“(A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and</ins>
    - <ins>“(B) shall require as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally or through written form request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant.</ins>
    - <ins>“(2) Otherwise required by law—The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.</ins>
    - <ins>“(3) Exception for certain positions</ins>
    - <ins>“(A) In general—The prohibition under paragraph (1) does not apply with respect to—</ins>
    - <ins>“(i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or</ins>
    - <ins>“(ii) a position that the Secretary of Defense identifies under the regulations issued under subparagraph (B).</ins>
    - <ins>“(B) Regulations</ins>
    - <ins>“(i) Issuance—Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Secretary of Defense, in consultation with the Administrator of General Services, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions.</ins>
    - <ins>“(ii) Compliance with civil rights laws—The regulations issued under clause (i) shall—</ins>
    - <ins>“(I) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and</ins>
    - <ins>“(II) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws.</ins>
    - <ins>“(b) Complaint procedures—The Secretary of Defense shall establish and publish procedures under which an applicant for a position with a Department of Defense contractor may submit a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).</ins>
    - <ins>“(c) Action for violations of prohibition on criminal history inquiries</ins>
    - <ins>“(1) First violation—If the Secretary of Defense determines that a contractor has violated subsection (a)(1)(B), the Secretary shall—</ins>
    - <ins>“(A) notify the contractor;</ins>
    - <ins>“(B) provide 30 days after such notification for the contractor to appeal the determination; and</ins>
    - <ins>“(C) issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations.</ins>
    - <ins>“(2) Subsequent violations—If the Secretary of Defense determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), the Secretary shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor’s history of violations, including—</ins>
    - <ins>“(A) providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section;</ins>
    - <ins>“(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and</ins>
    - <ins>“(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section.</ins>
    - <ins>“(d) Definitions—In this section:</ins>
    - <ins>“(1) Conditional offer—The term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry.</ins>
    - <ins>“(2) Criminal history record information—The term criminal history record information has the meaning given that term in section 9201 of title 5.”</ins>
  - (2) <ins>Effective date—</ins> <ins>Section 2339(a) of title 10, United States Code, as added by paragraph (1), shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section 1122(b)(2) of this subtitle.</ins>
  - (3) <ins>Clerical amendment—</ins> <ins>The table of sections for chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2338 the following new item:</ins>
- (c) <ins>Revisions to Federal Acquisition Regulation—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 18 months after the date of enactment of this subtitle, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement section 4714 of title 41, United States Code, and section 2339 of title 10, United States Code, as added by this section.</ins>
  - (2) <ins>Consistency with Office of Personnel Management regulations—</ins> <ins>The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 1122(b)(1) to the maximum extent practicable. The Council shall include together with such revision an explanation of any substantive modification of the Office of Personnel Management regulations, including an explanation of how such modification will more effectively implement the rights and protections under this section.</ins>

## Sec. 1134 Report on employment of individuals formerly incarcerated in Federal prisons — added

- (a) <ins>Definition—</ins> <ins>In this section, the term covered individual—</ins>
  - (1) <ins>means an individual who has completed a term of imprisonment in a Federal prison for a Federal criminal offense; and</ins>
  - (2) <ins>does not include an alien who is or will be removed from the United States for a violation of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).</ins>
- (b) <ins>Study and report required—</ins> <ins>The Director of the Bureau of Justice Statistics, in coordination with the Director of the Bureau of the Census, shall—</ins>
  - (1) <ins>not later than 180 days after the date of enactment of this subtitle, design and initiate a study on the employment of covered individuals after their release from Federal prison, including by collecting—</ins>
    - (A) <ins>demographic data on covered individuals, including race, age, and sex; and</ins>
    - (B) <ins>data on employment and earnings of covered individuals who are denied employment, including the reasons for the denials; and</ins>
  - (2) <ins>not later than 2 years after the date of enactment of this subtitle, and every 5 years thereafter, submit a report that does not include any personally identifiable information on the study conducted under paragraph (1) to—</ins>
    - (A) <ins>the Committee on Homeland Security and Governmental Affairs of the Senate;</ins>
    - (B) <ins>the Committee on Health, Education, Labor, and Pensions of the Senate;</ins>
    - (C) <ins>the Committee on Oversight and Reform of the House of Representatives; and</ins>
    - (D) <ins>the Committee on Education and Labor of the House of Representatives.</ins>

## Sec. 1205 Report on participants in security cooperation training programs and recipients of security assistance training that have been designated for human rights abuses or terrorist activities — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report on individuals and units of security forces of foreign countries that—</ins>
  - (1) <ins>have participated in security cooperation training programs or received security assistance training authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or title 10, United States Code; and</ins>
  - (2) <ins>at any time during the period beginning on January 1, 2009, and ending on the date of the enactment of this Act—</ins>
    - (A) <ins>have been subject to United States sanctions relating to violations of human rights under any provision of law, including under—</ins>
      - (i) <ins>the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note);</ins>
      - (ii) <ins>section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d); or</ins>
      - (iii) <ins>section 362 of title 10, United States Code; or</ins>
    - (B) <ins>have been subject to United States sanctions relating to terrorist activities under authorities provided in—</ins>
      - (i) <ins>section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);</ins>
      - (ii) <ins>the National Emergencies Act (50 U.S.C. 1601 et seq.);</ins>
      - (iii) <ins>the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), other than sanctions on the importation of goods provided for under such Act; or</ins>
      - (iv) <ins>any other provision of law.</ins>
- (b) <ins>Update—</ins> <ins>The Secretary of State and the Secretary of Defense, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees an annual update of the report required by subsection (a) on individuals and units of security forces of foreign countries that—</ins>
  - (1) <ins>have participated in security cooperation training programs or received security assistance training authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or title 10, United States Code; and</ins>
  - (2) <ins>at any time during the preceding year, any of the provisions of subparagraph (A) or (B) of subsection (a)(2) have applied with respect to such individuals or units.</ins>
- (c) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Appropriate congressional committees—</ins> <ins>The term “appropriate congressional committees” means—</ins>
    - (A) <ins>the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and</ins>
    - (B) <ins>the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.</ins>
  - (2) <ins>Good—</ins> <ins>The term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.</ins>

## 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 — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and Secretary of State shall jointly develop, implement, and submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a plan to provide consistency in administration of section 362 of title 10, United States Code, and section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).</ins>
- (b) <ins>Matters to be included—</ins> <ins>The plan required by subsection (a) shall contain the following:</ins>
  - (1) <ins>Common standards and procedures which shall be used by the Department of Defense and Department of State to obtain and verify information regarding the vetting of units of the security forces of foreign countries for gross violation of human rights under the authorities described in subsection (a), including—</ins>
    - (A) <ins>public guidelines for external sources to report information; and</ins>
    - (B) <ins>methods and criteria employed by the Department of Defense and Department of State to determine whether sources, source reporting, and allegations are credible.</ins>
  - (2) <ins>Measures to ensure the Department of Defense has read-only access to the International Vetting and Security Tracking (INVEST) system, and any successor or equivalent system.</ins>
  - (3) <ins>Measures to ensure the authorities described in subsection (a) are applied to any foreign forces, irregular forces, groups, and individuals that receive support from the United States military.</ins>
- (c) <ins>Form—</ins> <ins>The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Integration of human rights and civilian protection into assessment, monitoring, and evaluation of security cooperation programs and activities—</ins> <ins></ins>
  - (1) <ins>Reports required—</ins> <ins>The Secretary of Defense shall submit to the appropriate congressional committees an interim report and a final report on the steps the Secretary will take to incorporate partner units’ activities, as such activities relate to human rights and protection of civilians, into the program elements described in section 383(b)(1) of title 10, United States Code.</ins>
  - (2) <ins>Deadlines—</ins> <ins></ins>
    - (A) <ins>Interim report—</ins> <ins>The interim report required under paragraph (1) shall be submitted to the appropriate congressional committees not later than 180 days after the date of the enactment of this Act and shall include a summary of the progress of the Secretary in implementing the steps described in such paragraph.</ins>
    - (B) <ins>Final report—</ins> <ins>The final report required under paragraph (1) shall be submitted to the appropriate congressional committees not later than one year after the date of enactment of this Act and shall specifically identify the actions the Secretary took to implement the steps described in paragraph (1).</ins>
  - (3) <ins>Appropriate congressional committees defined—</ins> <ins>In this subsection, the term “appropriate congressional committees” means the following:</ins>
    - (A) <ins>The Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.</ins>
    - (B) <ins>The Committee on Armed Services and the Committee on Foreign Relations of the Senate.</ins>

## Sec. 1207 Prohibition on use of funds to transfer defense articles and services to Azerbaijan — added

- <ins>None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2020 may be used to transfer defense articles or services to Azerbaijan unless the President certifies to Congress that the transfer of such defense articles or services does not threaten civil aviation.</ins>

## Sec. 1208 Extension of authority for support of special operations for irregular warfare — added

- <ins>Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639) is amended by striking “2020” and inserting “2023”.</ins>

## Sec. 1209 Multinational regional security education center — added

- (a) <ins>In general—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate a briefing on the utility and feasibility of establishing a multinational regional security education center, including as a satellite entity of the Daniel K. Inouye Asia-Pacific Center for Security Studies that is located in a member country of the Association for Southeast Asian Nations, to offer year-round training and educational courses to Southeast Asian and Indo-Pacific civilian and military security personnel to enhance engagement of territorial and maritime security, transnational and asymmetric threats, and defense sector governance in the Indo-Pacific region. Training may also include English-language training, human rights training, rule of law and legal studies, security governance and institution-building courses, and budget and procurement training.</ins>
- (b) <ins>Elements of briefing—</ins> <ins>The briefing required under subsection (a) shall include—</ins>
  - (1) <ins>the objectives for establishing a multinational regional security center in the region;</ins>
  - (2) <ins>the utility and feasibility of establishing such a center, including the benefits and challenges of doing so;</ins>
  - (3) <ins>the resources required;</ins>
  - (4) <ins>whether alternative centers and programs exist to provide the training and objectives specified in this provision; and</ins>
  - (5) <ins>the manner in which such a center would improve and strengthen cooperation with partner countries of the Association for Southeast Asian Nations.</ins>

## Sec. 1210 Training for participants in professional military education programs — added

- <ins>Any foreign person participating in professional military education programs authorized pursuant to section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347) from funds authorized to be appropriated or otherwise made available by this Act shall also be required to participate in human rights training.</ins>

## Sec. 1210A Report on plan to transfer funds in connection with the provision of support under section 385 of title 10, United States Code — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense shall submit to the appropriate congressional committees a report on its plan to transfer funds in connection with the provision of support under section 385 of title 10, United States Code, for fiscal year 2020.</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a) shall include—</ins>
  - (1) <ins>a list of foreign assistance programs and activities that should receive support under such authority on a priority basis, including foreign assistance programs and activities of the United States Agency for International Development and the Department of State; and</ins>
  - (2) <ins>a justification for providing such support to such programs and activities, including as to how such programs and activities relate to the National Security Strategy and National Military Strategy.</ins>
- (c) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and</ins>
  - (2) <ins>the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.</ins>

## Sec. 1212 Modification and Extension of Afghan Special Immigrant Visa Program

- (a) Principal aliens— Subclause (I) of section 602(b)(2)(A)(ii) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended to read as follows:
  - “(I) by, or on behalf of, the United States Government; or”
- (b) Extension of afghan special immigrant program— Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
  - (1) in the heading, by striking “2015, 2016, and 2017” and inserting “2015 through 2020”;
  - (2) in the matter preceding clause (i), by striking “18,500” and inserting <del>“18,800”;</del><ins>“18,870”;</ins>
  - (3) in clause (i), by striking “December 31, 2020” and inserting “December 31, 2021”; and
  - (4) in clause (ii), by striking “December 31, 2020” and inserting “December 31, 2021”.

## Sec. 1215 Authority for certain payments to redress injury and loss in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen

- (a) Authority— During the period beginning on the date of the enactment of this Act and ending on December 31, 2020, not more than $5,000,000, to be derived from funds authorized to be appropriated to the Office of the Secretary of Defense under the Operation and Maintenance, Defense-wide account, may be made available for ex gratia payments for damage, personal injury, or death that is incident to combat operations of the United States Armed Forces in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen.
- (b) <del>Notice—</del><ins>Quarterly report—</ins> <del>The Secretary of Defense shall, upon each exercise </del><ins>Not later than 90 days after the date </ins>of the <del>authority in </del><ins>enactment of </ins>this <del>subsection, </del><ins>Act, and every 90 days thereafter, the Secretary of Defense shall </ins>submit to the congressional defense committees a report <del>setting forth </del><ins>including </ins>the following:
  - (1) <del>The amount that will be used for payments pursuant </del><ins>With respect </ins>to <ins>each ex gratia payment made under the authority in </ins>this <del>subsection.</del><ins>subsection or any other authority during the preceding 90-day period, each of the following:</ins>
    - (A) <ins>The amount used for such payments.</ins>
    - (B) <ins>The manner in which claims for such payments were verified.</ins>
    - (C) <ins>The officers or officials authorized to approve claims for payments.</ins>
    - (D) <ins>The manner in which payments are made.</ins>
  - (2) <del>The manner </del><ins>With respect to a preceding 90-day period </ins>in which <del>claims for </del><ins>no ex gratia </ins>payments <del>shall be verified.</del><ins>were made—</ins>
    - (A) <ins>whether any such payment was refused, along with the reason for such refusal; or</ins>
    - (B) <ins>any other reason for which no such payments were made.</ins>
  - (3) <del>The officers or officials who shall be authorized to approve claims for payments.</del>
  - (4) <del>The manner in which payments shall be made.</del>
- (c) Authorities applicable to payment— Any payment made pursuant to this subsection shall be made in accordance with the authorities and limitations in section 8121 of the Department of Defense Appropriations Act, 2015 (division C of Public Law 113–235), other than subsection (h) of such section.

## Sec. 1216 Extension of semiannual report on enhancing security and stability in Afghanistan

- Section 1225 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended—
- (1) in subsection (a)—
  - (A) in paragraph (2), by striking “December 15, 2020” and inserting “December 15, 2022”; and
  - (B) by amending paragraph (3) to read as follows:
    - “(3) Form—Each report required under paragraph (1) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.”
- (2) in subsection (b)—
  - (A) by inserting “, to include the progress of the Government of Afghanistan on securing Afghan territory and population,” after “the current security conditions in <del>Afghanistan”; and</del><ins>Afghanistan”;</ins>
  - (B) by striking “and the Haqqani Network” and inserting “the Haqqani Network, and the Islamic State of Iraq and Syria <del>Khorasan”.</del><ins>Khorasan”; and</ins>
  - (C) <ins>by adding at the end the following:</ins>
    - <ins>“(9) Monitoring and evaluation measures relating to ASFF—A description of the monitoring and evaluation measures that the Department of Defense and the Government of Afghanistan are taking to ensure that funds of the Afghanistan Security Forces Fund provided to the Government of Afghanistan as direct government-to-government assistance are not subject to waste, fraud, or abuse.”</ins>

## Sec. 1217 Special immigrant visa program reporting requirement — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State shall submit a report, which may contain a classified annex, to—</ins>
  - (1) <ins>the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and</ins>
  - (2) <ins>the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives.</ins>
- (b) <ins>Contents—</ins> <ins>The report submitted under subsection (a) shall evaluate the obstacles to effective protection of Afghan and Iraqi allies through the special immigrant visa programs and suggestions for improvements in future programs, including information relating to—</ins>
  - (1) <ins>the hiring of locally employed staff and contractors;</ins>
  - (2) <ins>documenting the identity and employment of locally employed staff and contractors of the United States Government, including the possibility of establishing a central database of employees of the United States Government and its contractors;</ins>
  - (3) <ins>the protection and safety of employees of locally employed staff and contractors;</ins>
  - (4) <ins>means of expediting processing at all stages of the process for applicants, including consideration of reducing required forms;</ins>
  - (5) <ins>appropriate staffing levels for expedited processing domestically and abroad;</ins>
  - (6) <ins>the effect of uncertainty of visa availability on visa processing;</ins>
  - (7) <ins>the cost and availability of medical examinations; and</ins>
  - (8) <ins>means to reduce delays in interagency processing and security checks.</ins>
- (c) <ins>Consultation—</ins> <ins>In preparing the report under subsection (a), the Inspector General shall consult with current and, to the extent possible, former employees of—</ins>
  - (1) <ins>the Department of State, Bureau of Consular Affairs, Visa Office;</ins>
  - (2) <ins>the Department of State, Bureau of Near Eastern Affairs and South and Central Asian Affairs, Executive Office;</ins>
  - (3) <ins>the United States embassy in Kabul, Afghanistan, Consular Section;</ins>
  - (4) <ins>the United States embassy in Baghdad, Iraq, Consular Section;</ins>
  - (5) <ins>the Department of Homeland Security, U.S. Citizenship and Immigration Services;</ins>
  - (6) <ins>the Department of Defense; and</ins>
  - (7) <ins>non-governmental organizations providing legal aid in the special immigrant visa application process.</ins>

## Sec. 1218 Meaningful inclusion of Afghan Women in peace negotiations — added

- <ins>As part of any activities of the Department of Defense relating to the ongoing peace process in Afghanistan, the Secretary of Defense, in coordination with the Secretary of State, shall seek to ensure the meaningful participation of Afghan women in that process in a manner consistent with the Women, Peace, and Security Act of 2017 (22 U.S.C. 2152j et seq.), including through advocacy for the inclusion of Afghan women leaders in ongoing and future negotiations to end the conflict in Afghanistan.</ins>

## Sec. 1222 Extension and modification of authority to provide assistance to the vetted Syrian opposition

- (a) In general— Section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559) is amended as follows:
  - (1) In subsection (a)—
    - (A) in the matter preceding paragraph (1)—
      - (i) by inserting “, appropriately vetted local security forces in northeast Syria, including units of the Syrian Democratic Forces and their associated counter-terrorism units,” after “elements of the Syrian opposition”; and
      - (ii) by striking “December 31, 2019” and inserting “December 31, 2020”.
    - (B) in paragraph (1), by inserting “or previously controlled by ISIL” after “Syrian opposition”.
  - (2) By amending subsection (b) to read as follows:
    - “(b) Notice before provision of assistance—Not later than 15 days prior to each instance of the provision of assistance under subsection (a), the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees and leadership of the House of Representatives and Senate a notification that includes the following:
    - “(1) The plan for providing the assistance.
    - “(2) The requirements and process used to determine appropriately vetted recipients with respect to the assistance.
    - “(3) The mechanisms and procedures that will be used to monitor and report to the appropriate congressional committees and leadership of the House of Representatives and Senate on unauthorized end-use of provided training and equipment or other violations of relevant law by appropriately vetted recipients.
    - “(4) The amount, type, and purpose of assistance to be funded and the recipient of the assistance.
    - “(5) The budget and implementation timeline, with milestones and anticipated delivery schedule for the assistance.
    - “(6) A description of any material use of assistance previously provided under subsection (a) to any appropriately vetted recipient of such assistance for a purpose other than the purposes specified in subsection (a) that occurred since the most recent notification submitted by the Secretary pursuant to this subsection, with a specific description of the following:
    - “(A) The details of such material misuse.
    - “(B) The recipient or recipients responsible for such material misuse.
    - “(C) The consequences of such material misuse.
    - “(D) The actions taken by the Secretary to remedy the causes and effects of such material misuse.
    - “(7) The goals and objectives of the assistance.
    - “(8) The concept of operations, timelines, and types of training, equipment, stipends, sustainment, construction, and supplies to be provided.
    - “(9) The roles and contributions of partner nations.
    - “(10) The number and role of United States Armed Forces personnel involved.
    - “(11) Any additional military support and sustainment activities.
    - “(12) Any other relevant details.”
  - (3) By amending subsection (c) to read as follows:
    - “(c) Form—The notifications required by subsection (b) shall be submitted in unclassified form but may include a classified annex.”
  - (4) By striking subsection (f) and inserting the following:
    - “(f) Restriction on scope of assistance in the form of weapons
    - “(1) In general—The Secretary may only provide assistance in the form of weapons pursuant to the authority under subsection (a) if such weapons are small arms, including handguns, rifles and carbines, sub-machine guns, or light machine guns.
    - “(2) Waiver—The Secretary may waive the restriction under paragraph (1) if the Secretary certifies to the appropriate congressional committees that such provision of law would (but for the waiver) impede national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance. Such waiver shall not take effect until 15 days after the date on which such certification is submitted to the appropriate congressional committees.”
  - (5) In subsection (g)—
    - (A) by inserting “, at the end of the 15-day period beginning on the date the Secretary notifies the congressional defense committees of the amount, source, and intended purpose of such contributions” after “as authorized by this section”; and
    - (B) by striking “operation and maintenance accounts” and all that follows through the end of the subsection and inserting “accounts.”.
  - (6) In subsection (k), by inserting “, at the end of the 15-day period beginning on the date the Secretary notifies the congressional defense committees of the amount, recipient, and intended purpose of such assistance” after “authorized under this section”.
  - (7) In subsection (l)—
    - (A) by striking “$10,000,000” and inserting “$20,000,000”;
    - (B) by adding at the end the following new sentence: “Amounts accepted as contributions pursuant to the authority in subsection (g) for construction and repair projects may be expended without regard to the limitation under this subsection.”;
    - (C) by striking “Repair Projects.—The aggregate” and <del>inserting .</del><ins>inserting</ins>
      - “(1) In general—The aggregate”
    - (D) by adding at the end the following:
      - “(2) Waiver—The Secretary may waive the limitation under paragraph (1) if the Secretary certifies to the appropriate congressional committees that such provision of law would (but for the waiver) impede national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance. Such waiver shall not take effect until 15 days after the date on which such certification is submitted to the appropriate congressional committees.”
  - (8) By striking subsection (j).
  - (9) By redesignating subsections (k) through (m) (as amended by this subsection) as subsections (j) through (l), respectively.
- (b) Effective date and availability of authority—
  - (1) In general— The amendments made by subsection (a) shall take effect on the date of the enactment of this section.
  - (2) Availability of authority— Notwithstanding paragraph (1), the Secretary may not provide assistance pursuant to the authority provided by section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as amended by subsection (a) of this section, during the period beginning on January 1, 2020, and ending on the date on which each quarterly report required to be submitted pursuant to subsection (d) of such section 1209, as of the date of the enactment of this section, has been submitted.

## Sec. 1224 Prohibition on provision of weapons and other forms of support to certain organizations

- None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2020 may be used to knowingly provide weapons or any other form of support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat Fateh al <del>Sham, </del><ins>Sham Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab, Islamic Revolutionary Guard Corps, </ins>or any individual or group affiliated with any such organization.

## Sec. 1227 Sense of Congress on supporting the return and repatriation of religious and ethnic minorities in Iraq to their ancestral homelands — added

- (a) <ins>Findings—</ins> <ins>Congress finds that—</ins>
  - (1) <ins>the Nineveh Plain and the wider region have been the ancestral homeland of Assyrian Chaldean Syriac Christians, Yazidis, Shabak, and other religious and ethnic minorities, where they lived for centuries until the Islamic State of Iraq and Syria (ISIS) overran and occupied the area in 2014;</ins>
  - (2) <ins>in 2016, then-Secretary of State John Kerry announced, “In my judgment Daesh is responsible for genocide against groups in areas under its control, including Yezidis, Christians, and Shia Muslims. Daesh is genocidal by self-proclamation, by ideology, and by actions—in what it says, what it believes, and what it does. Daesh is also responsible for crimes against humanity and ethnic cleansing directed at these same groups and in some cases also against Sunni Muslims, Kurds, and other minorities.”;</ins>
  - (3) <ins>these atrocities were undertaken with the specific intent to bring about the eradication and displacement of Christians, Yazidis, and other communities and the destruction of their cultural heritage, in violation of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide signed by the United States on December 11, 1948;</ins>
  - (4) <ins>in 2016, the House of Representatives passed H. Con. Res. 75 expressing the sense of the House of Representatives that the atrocities perpetrated by ISIS against religious and ethnic minorities in Iraq and Syria include war crimes, crimes against humanity, and genocide;</ins>
  - (5) <ins>through joint efforts of the United States and 79 allies and partners, ISIS has been territorially defeated in Iraq and Syria;</ins>
  - (6) <ins>in July 2018, under the direction of Vice President Pence, the Genocide Recovery and Persecution Response Program partnered with the Department of State, the United States Agency for International Development, and local faith and community leaders to rapidly and directly deliver aid to persecuted communities, beginning with Iraq;</ins>
  - (7) <ins>Christians in Iraq once numbered over 1.5 million in 2003 and have dwindled to less than 200,000 today;</ins>
  - (8) <ins>armed militia groups linked to Iran, operating systematically in Sinjar and the Nineveh Plains, have harassed and intimidated religious and ethnic minorities thereby destabilizing northern Iraq and preventing local and indigenous minorities to return to their homelands;</ins>
  - (9) <ins>Iraqi religious minorities have faced challenges in integrating into the Iraqi Security Forces and Kurdish Peshmerga;</ins>
  - (10) <ins>over 500 acres of productive agricultural lands in eastern Ninevah Governate have been burned in cases of arson in May 2019 alone, destroying significant wheat and barley cultivation areas;</ins>
  - (11) <ins>these agricultural resources are critical to northern Iraq’s livelihood, especially that of minority populations, and continued crop arson prevents safe and prosperous return of minority populations as well as complicates stabilization efforts; and</ins>
  - (12) <ins>facilitating the success of communities in Sinjar and the Nineveh Plains requires a commitment from international, Iraqi, Kurdish, and local authorities, in partnership with local faith leaders, to promote the safety and security of all people, especially religious and ethnic minorities.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>it should remain a policy priority of the United States, working with international partners, the Government of Iraq, the Kurdistan Regional Government, and local populations, to support the safe return of displaced indigenous people of the Nineveh Plain and Sinjar to their ancestral homeland;</ins>
  - (2) <ins>it should be a policy priority of the Government of Iraq, the Kurdish Regional Government, the United States, and the international community to guarantee the restoration of fundamental human rights, including property rights, to genocide victims, and to see that ethnic and religious pluralism survives in Iraq;</ins>
  - (3) <ins>Iraqi Security Forces and the Kurdish Peshmerga should work to more fully integrate all communities, including religious minority communities, to counter current and future terrorist threats; and</ins>
  - (4) <ins>the United States, working with international allies and partners, should continue to lead coordination of efforts to provide for the safe return and future security of religious minorities in the Nineveh Plain and Sinjar.</ins>

## Sec. 1228 Report on the status of deconfliction channels with Iran — added

- (a) <ins>In general—</ins> <ins>Not later than 30 days after the date of enactment of this Act, the President shall submit to Congress a report on the status of deconfliction channels with Iran.</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a) shall include the following:</ins>
  - (1) <ins>The status of United States military-to-military deconfliction channels with Iran to prevent military and diplomatic miscalculation.</ins>
  - (2) <ins>The status of United States diplomatic deconfliction channels with Iran to prevent miscalculation, define ambiguities, and correct misunderstandings that could otherwise lead to unintended consequences, including unnecessary or harmful military activity.</ins>
  - (3) <ins>An analysis of the need and rationale for bilateral and multilateral deconfliction channels, including an assessment of recent United States experience with such channels of communication with Iran.</ins>

## Sec. 1229 Prohibition of unauthorized military force in or against Iran — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>The acquisition by the Government of Iran of a nuclear weapon would pose a grave threat to international peace and stability and the national security of the United States and United States allies, including Israel.</ins>
  - (2) <ins>The Government of Iran is a leading state sponsor of terrorism, continues to materially support the regime of Bashar al-Assad, and is responsible for ongoing gross violations of the human rights of the people of Iran.</ins>
  - (3) <ins>Article I of the United States Constitution requires the President to obtain authorization from Congress before engaging in war with Iran.</ins>
- (b) <ins>Clarification of current law—</ins> <ins>Nothing in the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note), or any other provision of law enacted before the date of the enactment of this Act may be construed to provide authorization for the use of military force against Iran.</ins>
- (c) <ins>Prohibition of unauthorized military force in or against Iran—</ins> <ins></ins>
  - (1) <ins>In General—</ins> <ins>Except as provided in paragraph (1), no Federal funds may be used for any use of military force in or against Iran unless Congress has—</ins>
    - (A) <ins>declared war; or</ins>
    - (B) <ins>enacted specific statutory authorization for such use of military force after the date of the enactment of this Act that meets the requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.).</ins>
  - (2) <ins>Exception—</ins> <ins>The prohibition under paragraph (1) shall not apply to a use of military force that is consistent with section (2)(c) of the War Powers Resolution.</ins>
- (d) <ins>Rules of construction—</ins> <ins></ins>
  - (1) <ins>Nothing in this section may be construed to prevent the President from using necessary and appropriate force to defend United States allies and partners if Congress enacts specific statutory authorization for such use of force consistent with the requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.).</ins>
  - (2) <ins>Nothing in this Act may be construed to relieve the executive branch of restrictions on the use of force, reporting, or consultation requirements set forth in the War Powers Resolution (50 U.S.C. 1541 et seq.).</ins>
  - (3) <ins>Nothing in this Act may be construed to authorize the use of military force.</ins>

## Sec. 1234 Modification and extension of Ukraine Security Assistance Initiative

- Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
- (1) in subsection (a), by striking “in coordination with the Secretary of State” and inserting “with the concurrence of the Secretary of State”;
- (2) in subsection (c)—
  - (A) in paragraph (1), by striking “50 percent of the funds available for fiscal year 2019 pursuant to subsection (f)(4)” and inserting “50 percent of the funds available for fiscal year 2020 pursuant to subsection <del>(f)(5)”; and</del><ins>(f)(5)”;</ins>
  - (B) in paragraph (3), by striking “fiscal year 2019” and inserting “fiscal year 2020”; and
  - (C) in paragraph (5), by striking “Of the funds available for fiscal year 2019 pursuant to subsection (f)(4)” and inserting “Of the funds available for fiscal year 2020 pursuant to subsection (f)(5)”; and
- (3) in subsection (f), by adding at the end the following:
  - “(5) For fiscal year 2020, $250,000,000.”

## Sec. 1239 Annual report on cyber attacks and intrusions against the Department of Defense by certain foreign entities — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, and each fiscal year thereafter through fiscal year 2023, the Secretary of Defense shall submit to the congressional defense committees a report on cyber attacks and intrusions in the previous 12 months by agents or associates of the Governments of the Russian Federation, the People’s Republic of China, the Islamic Republic of Iran, and the Democratic People’s Republic of Korea against or into—</ins>
  - (1) <ins>the information systems (as such term is defined in section 3502 of title 44, United States Code) of—</ins>
    - (A) <ins>the Department of Defense; and</ins>
    - (B) <ins>any contractor of the Department of Defense that works on sensitive United States military technology; and</ins>
  - (2) <ins>the personal communications of the personnel of the Department of Defense.</ins>
- (b) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in classified form.</ins>

## Sec. 1240 Report on Russian military involvement in the AFRICOM AOR — added

- (a) <ins>Report—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees a report on military assistance provided by the Russian Federation or any private military corporations headquartered or registered in Russia to countries in the U.S. Africa Command (AFRICOM) Area of Responsibility (AOR).</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a) shall include the following:</ins>
  - (1) <ins>A description of all known bilateral agreements between Russia and African governments negotiated since 2014, including military and technical cooperation, arms sales, and mineral exploration.</ins>
  - (2) <ins>An analysis of any direct or indirect military support Russia or private military corporations based in Russia are providing to non-state armed groups in Africa, including a description of the types of support.</ins>
  - (3) <ins>A description of arms sales within the previous calendar year by the Russian defense sector to African countries, and an analysis of whether any of such arms sales constitute significant transactions within the meaning of section 231 of the Countering America’s Adversaries Through Sanctions Act of 2017 (22 U.S.C. 9525).</ins>
  - (4) <ins>An analysis of the extent to which such arms sales may be in violation of United Nations Security Council-imposed arms embargoes in Africa, including with regard to South Sudan, the Democratic Republic of Congo, and the Central African Republic.</ins>
  - (5) <ins>An analysis of Russian disinformation and propaganda operations in African countries, and the extent to which such operations pose a risk to United States interests in Africa.</ins>
  - (6) <ins>A plan to counteract destabilizing Russian activities in Africa.</ins>
- (c) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and</ins>
  - (2) <ins>the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.</ins>

## Sec. 1240A Reports relating to the New START Treaty — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that the United States should seek to extend the New START Treaty, from its initial termination date in February 2021 to February 2026, as provided for under Article XIV of the Treaty, unless—</ins>
  - (1) <ins>the President determines and informs the appropriate congressional committees that Russia is in material breach of the Treaty; or</ins>
  - (2) <ins>the Treaty is superseded by a new arms control agreement that provides equal or greater constraints, transparency, and verification measures with regard to Russia’s nuclear forces.</ins>
- (b) <ins>Prohibition on use of funds to withdraw from the New START Treaty—</ins> <ins>Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2020 may be used to take any action to withdraw the United States from the New START Treaty, unless the President determines and so informs the appropriate congressional committees that Russia is in material breach of the Treaty.</ins>
- (c) <ins>Assessments from Director of National Intelligence—</ins> <ins></ins>
  - (1) <ins>Relating to expiration of New START Treaty—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees an intelligence assessment based on all sources of the national security and intelligence implications of the expiration of the New START Treaty without the United States and Russia having entered into a new arms control agreement that provides equal or greater constraints, transparency, and verification measures with regard to Russia’s nuclear forces. The assessment shall be submitted in an unclassified form, but may contain a classified annex, and shall include the following elements:</ins>
    - (A) <ins>A description of the size and posture of Russia’s nuclear forces, including strategic nuclear warheads and strategic delivery vehicles, as well as predicted force levels through February 2026 under each of the following potential scenarios:</ins>
      - (i) <ins>The Treaty expires in February 2026 without such a replacement agreement.</ins>
      - (ii) <ins>The Treaty is extended until February 2026.</ins>
    - (B) <ins>A description of Russia’s likely response to an expiration of the New START Treaty, including potential changes to Russia’s nuclear forces, conventional forces, as well as Russia’s willingness to negotiate an arms control agreement on Russian non-strategic or tactical nuclear weapons, short-and-intermediate-range delivery systems, (including dual-capable and nuclear-only), and new strategic delivery systems (such as the kinds announced by President Putin on March 1, 2018) in the future.</ins>
    - (C) <ins>An assessment of the strategic impact on United States and Russian strategic nuclear forces if the Treaty is not extended and such an agreement is not concluded, including the likelihood that Russia pursues new strategic offensive arms research and development programs.</ins>
    - (D) <ins>An assessment of the potential quantity of Russia’s new strategic delivery systems (such as the kinds announced by President Putin on March 1, 2018) between 2021 and 2026, and the impact to strategic stability between Russia and the United States as related to Russia’s existing strategic forces.</ins>
    - (E) <ins>An assessment of the impact on United States allies if the limitations on Russia’s nuclear forces are dissolved if the Treaty is not extended and such an agreement is not concluded.</ins>
    - (F) <ins>A description of the verification and transparency benefits of the Treaty and a description of the Treaty’s impact on the United States’ understanding of Russia’s military and nuclear forces.</ins>
    - (G) <ins>An assessment of how the United States’ confidence in its understanding of Russia’s strategic nuclear arsenal and future nuclear force levels would be impacted if the Treaty is not extended and such an agreement is not concluded.</ins>
    - (H) <ins>An assessment of what actions would be necessary for the United States to remediate the loss of the Treaty’s verification and transparency benefits if the Treaty is not extended and such an agreement is not concluded, and an estimate of the remedial resources required to ensure no concomitant loss of understanding of Russia’s military and nuclear forces.</ins>
  - (2) <ins>Relating to Russia’s willingness to engage in nuclear arms control negotiations—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees an intelligence assessment based on all sources of Russia’s willingness to engage in nuclear arms control negotiations and Russia’s priorities in these negotiations. The assessment shall be submitted in an unclassified form but may contain a classified annex, and shall include the following elements:</ins>
    - (A) <ins>An assessment of Russia’s willingness to extend the New START Treaty and its likely negotiating position to discuss such an extension with the United States.</ins>
    - (B) <ins>An assessment of Russia’s interest in negotiating a broader arms control agreement that would include nuclear weapons systems not accountable under the New START Treaty, including non-strategic nuclear weapons.</ins>
    - (C) <ins>An assessment of what concessions Russia would likely seek from the United States during such negotiations, including what additional United States’ military capabilities Russia would seek to limit, in any broader arms control negotiation.</ins>
- (d) <ins>Reports and briefing from Secretary of State—</ins> <ins></ins>
  - (1) <ins>Relating to NATO, NATO member countries, and other United States allies—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report, which shall be in an unclassified form but may contain a classified annex, and provide a briefing to the appropriate congressional committees that includes—</ins>
    - (A) <ins>an assessment of the likely reactions of the North Atlantic Treaty Organization (NATO), NATO member countries, and other United States allies to a United States decision not to extend the New START Treaty or enter into a new agreement with Russia to replace the Treaty that provides equal or greater constraints, transparency, and verification measures with regard to Russia’s nuclear forces; and</ins>
    - (B) <ins>a description of the consultations undertaken with such allies in which the New START Treaty was raised, and the level of allied interest in, recommendations on, or concerns raised with respect to discussions between the United States and Russia relating to the Treaty and other related matters.</ins>
  - (2) <ins>Relating to ongoing implementation of the New START Treaty—</ins> <ins>Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter until the New START Treaty is extended or expires, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report, which shall be in an unclassified form but may contain a classified annex, to the appropriate congressional committees with an assessment of the following elements:</ins>
    - (A) <ins>Whether the Russian Federation remains in compliance with its obligations under the New START Treaty.</ins>
    - (B) <ins>Whether implementation of the New START Treaty remains in the national security interest of the United States.</ins>
  - (3) <ins>Relating to other matters—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until the New START Treaty is extended or expires, the Secretary of State, in consultation with the Secretary of Defense, shall provide a briefing to the appropriate congressional committees that includes the following elements:</ins>
    - (A) <ins>A description of any discussions with Russia on the Treaty or on a broader, multilateral arms control treaty with Russia and other countries on the reduction and limitation of strategic offensive arms, and discussions addressing the disparity between the non-strategic nuclear weapons stockpiles of Russia and of the United States, at the Assistant Secretary level, Ambassadorial level, or higher.</ins>
    - (B) <ins>The dates, locations, discussion topics, agenda, outcomes, and Russian interlocutors involved in those discussions.</ins>
    - (C) <ins>An identification of the United States Government departments and agencies involved in the discussions.</ins>
    - (D) <ins>The types of systems, both nuclear and nonnuclear, discussed by either side in such discussions as the potential subjects of an agreement.</ins>
    - (E) <ins>Whether an offer of extension of the Treaty for any length of time, or to negotiate a new agreement, has been offered by either side.</ins>
- (e) <ins>Report and briefing from Secretary of Defense—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Energy and the Secretary of State, shall submit a report, which shall be in unclassified form but may contain a classified annex, and provide a briefing to the appropriate congressional committees that includes—</ins>
  - (1) <ins>an assessment of the impact on the United States nuclear arsenal and posture of the expiration of the New START Treaty without the United States and Russia having entered into a new agreement with Russia to replace the Treaty that provides equal or greater constraints, transparency, and verification measures with regard to Russia’s nuclear forces;</ins>
  - (2) <ins>a description of the potential changes to the expected force structure of the Armed Forces to respond to potential changes in Russia’s nuclear posture if the limitations in the Treaty are no longer in force, and in the absence of such a new bilateral or multilateral agreement, and an estimation of expected costs necessary to make such changes to the force structure of the Armed Forces;</ins>
  - (3) <ins>a description, to be submitted jointly with the Secretary of Energy, of potential changes to the modernization plan for the United States nuclear weapons complex, which anticipates the continued existence of the Treaty, if the Treaty is not extended or such a new bilateral or multilateral agreement is not concluded;</ins>
  - (4) <ins>a description of the strategic impact on United States and Russian strategic nuclear forces if the Treaty is not extended or such a new bilateral or multilateral agreement is not concluded; and</ins>
  - (5) <ins>a description of potential changes regarding United States nuclear weapons forward deployed to Europe and regarding the nuclear deterrent of the United Kingdom and France, if the Treaty is not extended or such a new bilateral or multilateral agreement is not concluded.</ins>
- (f) <ins>Presidential certification in advance of expiration of New START Treaty—</ins> <ins>Not later than September 7, 2020, if the New START Treaty has not been extended, and if the United States and Russia have not entered into a new treaty to replace the New START Treaty, the President shall submit a report, which shall be in an unclassified form but may contain a classified annex, to the appropriate congressional committees that contains the following elements—</ins>
  - (1) <ins>an assessment as to whether the limits of the New START Treaty on Russia’s strategic nuclear forces advance United States national security interests;</ins>
  - (2) <ins>an explanation of how the United States will address the imminent expiration of the New START Treaty, including—</ins>
    - (A) <ins>a plan to extend the New START Treaty before it expires;</ins>
    - (B) <ins>a plan to otherwise retain the Treaty’s limits on Russia’s nuclear forces; or</ins>
    - (C) <ins>a plan to provide for the expiration of the Treaty, including—</ins>
      - (i) <ins>a justification for why the expiration of the Treaty is in the national security interest of the United States; and</ins>
      - (ii) <ins>a plan, including steps the United States military and the intelligence community will take before February 5, 2021, to account for the expiration of the Treaty and the failure to replace it with a new agreement to maintain confidence in United States nuclear deterrence requirements and a similar level of confidence in intelligence information regarding Russia’s nuclear forces.</ins>
- (g) <ins>Department of Defense reporting requirements in event of expiration of New START Treaty—</ins> <ins>If the New START Treaty expires before the United States and Russia enter into a new arms control agreement to replace the Treaty that provides equal or greater constraints, transparency, and verification measures with regard to the Russia’s nuclear forces, not later than 30 days after such expiration—</ins>
  - (1) <ins>the Secretary of Defense shall submit to the appropriate congressional committees a report describing changes to the expected force structure of the Armed Forces and estimating the expected costs necessary to make such changes; and</ins>
  - (2) <ins>the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate congressional committees a report—</ins>
    - (A) <ins>describing the manner in which the current United States nuclear modernization plan, which anticipates the continued existence of the Treaty, will be modified without the existence of the Treaty; and</ins>
    - (B) <ins>including—</ins>
      - (i) <ins>the information required to be submitted in the report required by section 1043 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576);</ins>
      - (ii) <ins>a separate 10-year cost estimate from the Department of Defense to implement a nuclear sustainment plan; and</ins>
      - (iii) <ins>a separate 10-year cost estimate from the Department of Energy to implement a nuclear sustainment and modernization plan.</ins>
- (h) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Appropriate congressional committees—</ins> <ins>The term appropriate congressional committees means—</ins>
    - (A) <ins>the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and</ins>
    - (B) <ins>the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.</ins>
  - (2) <ins>Intelligence community—</ins> <ins>The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).</ins>
  - (3) <ins>New Start Treaty; Treaty—</ins> <ins>The terms New START Treaty and Treaty mean the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.</ins>

## Sec. 1240B United States actions relating to Russian interference in elections for Federal office — added

- (a) <ins>Prohibition on transactions relating to new Russian sovereign debt—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the President shall issue regulations prohibiting United States persons from engaging in transactions with, providing financing for, or in any other way dealing in Russian sovereign debt that is issued on or after the date that is 180 days after such date of enactment.</ins>
  - (2) <ins>Russian sovereign debt defined—</ins> <ins>For purposes of this subsection, the term Russian sovereign debt means—</ins>
    - (A) <ins>bonds issued by the Russian Central Bank, the Russian National Wealth Fund, the Russian Federal Treasury, or agents or affiliates of any such institution, with a maturity of more than 14 days;</ins>
    - (B) <ins>new foreign exchange swap agreements with the Russian Central Bank, the Russian National Wealth Fund, or the Russian Federal Treasury, the duration of which agreement is longer than 14 days; and</ins>
    - (C) <ins>any other financial instrument, the duration or maturity of which is more than 14 days, that the President determines represents the sovereign debt of Russia.</ins>
  - (3) <ins>Requirement To promptly publish guidance—</ins> <ins>The President shall concurrently publish guidance on the implementation of the regulations issued pursuant to paragraph (1).</ins>
- (b) <ins>Determination of Russian interference in elections for Federal office—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 30 days after an election for Federal office, the Director of National Intelligence, in consultation with the Director of the Federal Bureau of Investigation, the Director of the National Security Agency, and the Director of the Central Intelligence Agency, shall—</ins>
    - (A) <ins>determine whether or not the Government of Russia, or any person acting as an agent of or on behalf of that government, knowingly engaged in interference in the election; and</ins>
    - (B) <ins>submit to the appropriate congressional committees and leadership a report on that determination, including an identification of the government or person that interfered in the election if the Director determines that interference did occur.</ins>
  - (2) <ins>Additional reporting—</ins> <ins>If the Director of National Intelligence determines and reports under paragraph (1) that neither the Government of Russia nor any person acting as an agent of or on behalf of that government knowingly engaged in interference in an election for Federal office, and the Director subsequently determines that such government, or such a person, did engage in such interference, the Director shall submit to the appropriate congressional committees and leadership a report on the subsequent determination not later than 30 days after making that determination.</ins>
  - (3) <ins>Form of report—</ins> <ins>Each report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex.</ins>
- (c) <ins>Lifting the Prohibition on Transactions Relating to New Russian Sovereign Debt—</ins> <ins>The President shall immediately suspend the prohibition on transactions relating to Russian sovereign debt required under subsection (a) if, no later than 90 days after the date on which a report required under subsection (b) is submitted to the appropriate congressional committees and leadership and no later than 120 days after the most recent election for Federal office, whichever is sooner—</ins>
  - (1) <ins>the Director of National Intelligence has in its report required under subsection (b) affirmatively determined that neither the Government of Russia, nor any person acting as an agent of or on behalf of that government, has knowingly engaged in interference in the most recent election for Federal office; and</ins>
  - (2) <ins>Congress has passed a joint resolution certifying the determination of the Director of National Intelligence.</ins>
- (d) <ins>Reimposing the Prohibition on Transactions Relating to New Russian Sovereign Debt—</ins> <ins>The President shall immediately reimpose the prohibition on transactions relating to Russian sovereign debt required under subsection (a) if, after 90 days following the date on which a report required under subsection (b) is submitted to the appropriate congressional committees and leadership or 120 days following the most recent election for Federal office, whichever is sooner—</ins>
  - (1) <ins>the Director of National Intelligence, in the report required under subsection (b), has not affirmatively determined that neither the Government of Russia, nor any person acting as an agent of or on behalf of that government, has knowingly engaged in interference in the most recent election for Federal office; or</ins>
  - (2) <ins>Congress has failed to pass a joint resolution certifying the determination of the Director of National Intelligence in its report required under subsection (b) that neither the Government of Russia, nor any person acting as an agent of or on behalf of that government, has knowingly engaged in interference in the most recent Federal election.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Appropriate congressional committees—</ins> <ins>The term appropriate congressional committees means—</ins>
    - (A) <ins>the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Finance, the Select Committee on Intelligence, and the Committee on Rules and Administration of the Senate; and</ins>
    - (B) <ins>the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, the Permanent Select Committee on Intelligence, and the Committee on House Administration of the House of Representatives.</ins>
  - (2) <ins>Appropriate congressional committees and leadership—</ins> <ins>The term appropriate congressional committees and leadership means—</ins>
    - (A) <ins>the appropriate congressional committees;</ins>
    - (B) <ins>the majority leader and minority leader of the Senate; and</ins>
    - (C) <ins>the Speaker, the majority leader, and the minority leader of the House of Representatives.</ins>
  - (3) <ins>Elections for Federal office—</ins> <ins>The term “elections for Federal office” has the meaning given such term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), except that such term does not include a special election.</ins>
  - (4) <ins>Interference in elections for Federal office—</ins> <ins>The term interference, with respect to an election for Federal office:</ins>
    - (A) <ins>Means any of the following actions of the government of a foreign country, or any person acting as an agent of or on behalf of such a government, undertaken with the intent to influence the election:</ins>
      - (i) <ins>Obtaining unauthorized access to election and campaign infrastructure or related systems or data and releasing such data or modifying such infrastructure, systems, or data.</ins>
      - (ii) <ins>Blocking or degrading otherwise legitimate and authorized access to election and campaign infrastructure or related systems or data.</ins>
      - (iii) <ins>Contributions or expenditures for advertising, including on the internet.</ins>
      - (iv) <ins>Using social or traditional media to spread significant amounts of false information to individuals in the United States.</ins>
    - (B) <ins>Does not include communications clearly attributable to news and media outlets which are publicly and explicitly either controlled or in large part funded by the government of a foreign country.</ins>
  - (5) <ins>Knowingly—</ins> <ins>The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.</ins>
  - (6) <ins>Person—</ins> <ins>The term person means an individual or entity.</ins>
  - (7) <ins>United States person—</ins> <ins>The term United States person means—</ins>
    - (A) <ins>a United States citizen or an alien lawfully admitted for permanent residence to the United States; or</ins>
    - (B) <ins>an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.</ins>

## Sec. 1247 Modification of annual report on military and security developments involving the People’s Republic of China

- (a) Annual report— Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended by inserting “, in consultation with the heads of other Federal departments and agencies as appropriate,” after “the Secretary of Defense”.
- (b) Matters to be included— Subsection (b) of such section is amended by adding at the end the following:
  - “(29) Developments relating to the China Coast Guard (in this paragraph referred to as the “CCG”), including an assessment of—
  - “(A) how the change in the CCG’s command structure to report to China’s Central Military Commission affects the CCG’s status as a law enforcement entity;
  - “(B) the implications of the CCG’s command structure with respect to the use of the CCG as a coercive tool in “gray zone” activity in the East China Sea and the South China Sea; and
  - “(C) how the change in the CCG’s command structure may affect interactions between the CCG and the United States <del>Navy.”</del><ins>Navy.</ins>
  - <ins>“(30) An assessment of the nature of Chinese military relations with Russia, including what strategic objectives China and Russia share and are acting on, and on what objectives they misalign.</ins>
  - <ins>“(31) An assessment of—</ins>
  - <ins>“(A) China’s expansion of its surveillance state;</ins>
  - <ins>“(B) any correlation of such expansion with its oppression of its citizens and its threat to United States national security interests around the world; and</ins>
  - <ins>“(C) an overview of the extent to which such surveillance corresponds to the overall respect, or lack thereof, for human rights.”</ins>
- (c) Specified congressional committees— Subsection (c) of such section is amended—
  - (1) in paragraph (1), by striking “and the Committee on Foreign Relations” and inserting “, the Committee on Foreign Relations, and the Select Committee on Intelligence”; and
  - (2) in paragraph (2), by striking “and the Committee on International Relations” and inserting “, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence”.

## Sec. 1250 Modification of report relating to enhancing defense and security cooperation with India — added

- <ins>Section 1292(a)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2751 note) is amended—</ins>
- (1) <ins>in subparagraph (B)—</ins>
  - (A) <ins>in clause (iv), by striking “and” at the end;</ins>
  - (B) <ins>in clause (v), by striking the period at the end and inserting “; and”; and</ins>
  - (C) <ins>by adding at the end the following:</ins>
    - <ins>“(vi) a description of defense cooperation between the United States and India in the Western Indian Ocean, including—</ins>
    - <ins>“(I) a description of military activities of the United States and India, separately, in the Western Indian Ocean;</ins>
    - <ins>“(II) a description of military cooperation activities between the United States and India in the areas of humanitarian assistance, counter terrorism, counter piracy, maritime security, and other areas as the Secretary determines appropriate;</ins>
    - <ins>“(III) a description of how the relevant geographic combatant commands coordinate their activities with the Indian military in the Western Indian Ocean;</ins>
    - <ins>“(IV) a description of the mechanisms in place to ensure the relevant geographic combatant commands maximize defense cooperation with India in the Western Indian Ocean; and</ins>
    - <ins>“(V) areas of future opportunity to increase military engagement with India in the Western Indian Ocean.”</ins>
- (2) <ins>by adding at the end the following:</ins>
  - <ins>“(C) Definitions—In subparagraph (B)(vi):</ins>
  - <ins>“(i) Relevant geographic combatant commands—The term relevant geographic combatant commands means the United States Indo-Pacific Command, United States Central Command, and United States Africa Command.</ins>
  - <ins>“(ii) Western Indian Ocean—The term Western Indian Ocean means the area in the Indian Ocean extending from the west coast of India to the east coast of Africa.”</ins>

## Sec. 1250A Report on expansion of security cooperation and assistance to Pacific Island countries — added

- (a) <ins>In general—</ins> <ins>Not later than March 31, 2020, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a report on the current status of security cooperation and assistance with Pacific Island countries and the feasibility of expanding such cooperation and assistance. At a minimum, the report shall include the following foreign countries:</ins>
  - (1) <ins>Papua New Guinea.</ins>
  - (2) <ins>Vanuatu.</ins>
  - (3) <ins>The Solomon Islands.</ins>
  - (4) <ins>Fiji.</ins>
  - (5) <ins>The Federated States of Micronesia.</ins>
  - (6) <ins>Palau.</ins>
  - (7) <ins>Kiribati.</ins>
  - (8) <ins>The Marshall Islands.</ins>
  - (9) <ins>Nauru.</ins>
  - (10) <ins>Tonga.</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a) should include the following:</ins>
  - (1) <ins>An identification of elements of the theater campaign plan of the geographic combatant command concerned and the interagency integrated country strategy that will be advanced by expansion of security cooperation and assistance programs and activities with countries identified in subsection (a).</ins>
  - (2) <ins>An assessment of each country’s capabilities, a description of each country’s capability enhancement priorities, and a discussion of United States security cooperation and assistance authorities (to include the Indo-Pacific Maritime Security Initiative under section 333 of title 10, United States Code, International Military Education and Training, Foreign Military Financing, International Narcotics Control and Law Enforcement, and the transfer of excess defense articles) and how such authorities may be utilized to enhance the priority capabilities of each such country.</ins>
  - (3) <ins>A description of absorption capacity and sustainability issues for each foreign country and a plan to resolve such issues.</ins>
  - (4) <ins>An identification of the estimated annual cost for such assistance and training for fiscal year 2020 through fiscal year 2025.</ins>
- (c) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the congressional defense committees;</ins>
  - (2) <ins>the Committee on Foreign Relations and the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the Senate; and</ins>
  - (3) <ins>the Committee on Foreign Affairs and the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the House of Representatives.</ins>

## Sec. 1250B Report on foreign military activities in Pacific Island countries — added

- (a) <ins>In general—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence, in coordination with the Director of the Defense Intelligence Agency and the Director of National Intelligence, shall submit to the congressional defense committees a report specifying and analyzing—</ins>
  - (1) <ins>strategic interests of foreign militaries in Pacific Island countries, known or emerging foreign partnerships or alliances with non-Pacific Island countries, and foreign military training, exercises, or operations in the region, excluding with countries who are members of the Southeast Asia Treaty Organization;</ins>
  - (2) <ins>gaps in intelligence collection capabilities and activities that prevent or may prevent a comprehensive understanding of current intelligence assessments for Pacific Island countries; and</ins>
  - (3) <ins>plans to overcome any current intelligence collection deficiencies, including an analysis of both United States and allied and partner intelligence collection capabilities and activities.</ins>
- (b) <ins>Pacific Island country defined—</ins> <ins>In this section, the term “Pacific Island country” includes any of the following countries: The Republic of Fiji, the Republic Kiribati, the Marshall Islands, the Federated States of Micronesia, the Republic of Nauru, the Republic of Palau, the Independent State of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic of Vanuatu.</ins>

## Sec. 1250C Report on ZTE compliance with Superseding Settlement Agreement and Superseding Order — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on the compliance of Zhongxing Telecommunications Equipment Corporation (ZTE Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively, “ZTE”) with the Superseding Settlement Agreement and Superseding Order reached with the Department of Commerce on June 8, 2018.</ins>
- (b) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form and publicly accessible, but may include a classified annex.</ins>

## Sec. 1250D Limitation on removal of Huawei Technologies Co. Ltd. from entity list of Bureau of Industry and Security — added

- <ins>The Secretary of Commerce may not remove Huawei Technologies Co. Ltd. (in this section referred to as “Huawei”) from the entity list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, until the Secretary certifies to Congress that—</ins>
- (1) <ins>neither Huawei nor any senior officers of Huawei have engaged in actions in violation of sanctions imposed by the United States or the United Nations in the 5-year period preceding the certification;</ins>
- (2) <ins>Huawei has not engaged in theft of United States intellectual property in that 5-year period;</ins>
- (3) <ins>Huawei does not pose an ongoing threat to United States telecommunications systems or critical infrastructure; and</ins>
- (4) <ins>Huawei does not pose a threat to critical infrastructure of allies of the United States.</ins>

## Sec. 1250E Sense of Congress on the enduring United States commitment to the Freely Associated States — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>the United States has strong and enduring interests in the security and prosperity of Oceania and the Western Pacific region, including close relationships with the countries of Palau, the Marshall Islands and the Federated States of Micronesia, with whom the United States shares Compacts of Free Association;</ins>
- (2) <ins>the United States and the Freely Associated States share values including democracy and human rights, as well as mutual interest in a free, open and prosperous Indo-Pacific region;</ins>
- (3) <ins>the United States should expand support to the Freely Associated States on issues of concern, including climate change mitigation, protection of the marine environment and maritime law enforcement;</ins>
- (4) <ins>the United States should expeditiously begin negotiations on the renewal of the Compacts of Free Association and conclude such negotiations prior to the expiration of the current compacts in 2023 and 2024; and</ins>
- (5) <ins>the United States honors the service of the men and women of the Freely Associated States who serve in the United States Armed Forces.</ins>

## Sec. 1250F Report by Defense Intelligence Agency on certain military capabilities of China and Russia — added

- (a) <ins>Report—</ins> <ins>The Director of the Defense Intelligence Agency shall submit to the Secretary of Defense and the appropriate congressional committees a report on the military capabilities of China and Russia.</ins>
- (b) <ins>Matters included—</ins> <ins>The report under subsection (a) shall include, with respect to the military of China and the military of Russia, the following:</ins>
  - (1) <ins>An update on the presence, status, and capability of the military with respect to any national training centers similar to the Combat Training Center Program of the United States.</ins>
  - (2) <ins>An analysis of a readiness deployment cycle of the military, including—</ins>
    - (A) <ins>as compared to such a cycle of the United States; and</ins>
    - (B) <ins>an identification of metrics used in the national training centers of that military.</ins>
  - (3) <ins>A comprehensive investigation into the capability and readiness of the mechanized logistics of the army of the military, including—</ins>
    - (A) <ins>an analysis of field maintenance, sustainment maintenance, movement control, intermodal operations, and supply; and</ins>
    - (B) <ins>how such functions under subparagraph (A) interact with specific echelons of that military.</ins>
  - (4) <ins>An assessment of the future of mechanized army logistics of the military.</ins>
- (c) <ins>Nonduplication of efforts—</ins> <ins>The Defense Intelligence Agency may make use of or add to any existing reports completed by the Agency in order to respond to the reporting requirement under subsection (a).</ins>
- (d) <ins>Form—</ins> <ins>The report under subsection (a) may be submitted in classified form.</ins>
- (e) <ins>Briefing—</ins> <ins>The Director shall provide a briefing to the Secretary and the committees specified in subsection (a) on the report under such subsection.</ins>
- (f) <ins>Appropriate congressional committees—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives; and</ins>
  - (2) <ins>the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.</ins>

## Sec. 1250G Report on cybersecurity activities with Taiwan — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the following:</ins>
- (1) <ins>The feasibility of establishing a high-level, interagency United States-Taiwan working group for coordinating responses to emerging issues related to cybersecurity.</ins>
- (2) <ins>A discussion of the Department of Defense’s current and future plans to engage with Taiwan in cybersecurity activities.</ins>
- (3) <ins>A discussion of obstacles encountered in forming, executing, or implementing agreements with Taiwan for cybersecurity activities.</ins>
- (4) <ins>Any other matters the Secretary of Defense determines should be included.</ins>

## Sec. 1250H Sense of Congress on United States-India defense relationship — added

- <ins>It is the sense of Congress that the United States should strengthen and enhance its major defense partnership with India and work toward the following mutual security and diplomatic objectives:</ins>
- (1) <ins>Expanding engagement in multilateral frameworks, including the quadrilateral dialogue among the United States, India, Japan, and Australia, to promote regional security and defend shared values and common interests in the rules-based order.</ins>
- (2) <ins>Increasing the frequency and scope of exchanges between senior civilian officials and military officers of the United States and India to support the development and implementation of the major defense partnership.</ins>
- (3) <ins>Exploring additional steps to implement the major defense partner designation to better facilitate interoperability, information sharing, and appropriate technology transfers.</ins>
- (4) <ins>Pursuing strategic initiatives to help develop the defense capabilities of India.</ins>
- (5) <ins>Conducting additional combined exercises with India in the Persian Gulf, Indian Ocean, and western Pacific regions.</ins>
- (6) <ins>Furthering cooperative efforts to promote stability and security in Afghanistan.</ins>

## Sec. 1250I United States-India defense cooperation in the Western Indian Ocean — added

- (a) <ins>Report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the relevant congressional committees a report on defense cooperation between the United States and India in the Western Indian Ocean.</ins>
  - (2) <ins>Matters to be included—</ins> <ins>The report required by paragraph (1) shall include the following:</ins>
    - (A) <ins>A description of military activities of the United States and India, separately, in the Western Indian Ocean.</ins>
    - (B) <ins>A description of military cooperation activities between the United States and India in the areas of humanitarian assistance, counterterrorism, counter piracy, maritime security, and other areas as the Secretary determines appropriate.</ins>
    - (C) <ins>A description of how the relevant geographic combatant commands coordinate their activities with the Indian military in the Western Indian Ocean.</ins>
    - (D) <ins>A description of the mechanisms in place to ensure the relevant geographic combatant commands maximize defense cooperation with India in the Western Indian Ocean.</ins>
    - (E) <ins>A description of how the major defense partnership with India will be utilized to enhance cooperation with India in the Western Indian Ocean.</ins>
    - (F) <ins>Areas of future opportunity to increase military engagement with India in the Western Indian Ocean.</ins>
  - (3) <ins>Form—</ins> <ins>The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (b) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Relevant congressional committees—</ins> <ins>The term “relevant congressional committees” means—</ins>
    - (A) <ins>the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and</ins>
    - (B) <ins>the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.</ins>
  - (2) <ins>Relevant geographic combatant commands—</ins> <ins>The term “relevant geographic combatant commands” means the United States Indo-Pacific Command, United States Central Command, and United States Africa Command.</ins>
  - (3) <ins>Western Indian Ocean—</ins> <ins>The term “Western Indian Ocean” means the area in the Indian Ocean extending from the west coast of India to the east coast of Africa.</ins>

## Sec. 1250J Chinese foreign direct investment in countries of the Arctic region — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>China is projecting a physical presence in the Arctic through upgrading to advanced icebreakers, utilizing the Arctic Ocean more regularly through subsidizing arctic shipping, deploying unmanned ice stations, and engaging in large and sophisticated data collection efforts in countries of the Arctic region, including Iceland, Greenland, and Canada.</ins>
  - (2) <ins>The 2017 Center for Naval Analysis (CNA) report “Unconstrained Foreign Direct Investment: An Emerging Challenge to Arctic Security” concluded that China has been actively engaged in economies of countries of the Arctic region.</ins>
  - (3) <ins>The CNA report documented a pattern of strategic investment by China in the economies of countries of the Arctic region, including the United States, Canada, Greenland, Iceland, Norway, and Russia, in areas such as raw land, oil and gas, minerals, and infrastructure.</ins>
  - (4) <ins>Chinese investments in countries of the Arctic region are significant. For instance, Chinese foreign direct investment constituted nearly 12 percent of Greenland’s gross domestic product for the period from 2012 to 2017.</ins>
  - (5) <ins>China’s 2018 Arctic Policy White Paper documented the Chinese intent to create a “Polar Silk Road” in the Arctic.</ins>
  - (6) <ins>China’s “Polar Silk Road” is an extension of China’s Belt and Road Initiative (BRI).</ins>
  - (7) <ins>China is increasingly using the BRI as the impetus for increasing People’s Liberation Army deployments to regions where China has significant investments, primarily through BRI.</ins>
  - (8) <ins>China has demonstrated an interest in using BRI to gain military access to strategic regions.</ins>
  - (9) <ins>Understanding how China’s foreign direct investment in countries of the Arctic region affects such countries is critical to understanding the degree to which China is able to access the region.</ins>
- (b) <ins>Independent study—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 45 days after the date of enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally-funded research and development center described in paragraph (2) to complete an independent study of Chinese foreign direct investment in countries of the Arctic region, with a focus on the effects of such foreign direct investment on United States national security and near-peer competition in the Arctic region.</ins>
  - (2) <ins>Federally-funded research and development center described—</ins> <ins>A federally-funded research and development center described in this paragraph is a federally-funded research and development center that—</ins>
    - (A) <ins>has access to relevant data and demonstrated data-sets regarding foreign direct investment in the Arctic region; and</ins>
    - (B) <ins>has access to policy experts throughout the United States and the Arctic region.</ins>
- (c) <ins>Elements—</ins> <ins>The study required by subsection (b) shall include the following:</ins>
  - (1) <ins>Projects in the Arctic that are directly or indirectly funded by public and private Chinese entities, to—</ins>
    - (A) <ins>build public infrastructure;</ins>
    - (B) <ins>finance of infrastructure;</ins>
    - (C) <ins>lease mineral and oil and gas leases;</ins>
    - (D) <ins>purchase real estate;</ins>
    - (E) <ins>extract or process, including smelting, minerals and oil and gas;</ins>
    - (F) <ins>engage in shipping or to own and operate or construct shipping infrastructure, including ship construction;</ins>
    - (G) <ins>lay undersea cables; and</ins>
    - (H) <ins>manufacture, own or operate telecommunications capabilities and infrastructure.</ins>
  - (2) <ins>An analysis the legal environment in which Chinese foreign direct investment are occurring in the United States, Russia, Canada, Greenland, Norway, and Iceland. The analysis should include—</ins>
    - (A) <ins>an assessment of the efficacy of mechanisms for screening foreign direct investment in the United States, Russia, Canada, Greenland, Norway, and Iceland;</ins>
    - (B) <ins>an assessment of the degree to which there is transparency in Chinese foreign direct investment in countries of the Arctic region;</ins>
    - (C) <ins>an assessment of the criteria used to assess potential Chinese foreign direct investment in countries of the Arctic region;</ins>
    - (D) <ins>an assessment of the efficacy of methods for monitoring approved Chinese foreign direct investment in countries of the Arctic region; and</ins>
    - (E) <ins>an assessment of public reporting of the decision to approve such Chinese foreign direct investment.</ins>
  - (3) <ins>A comparison of Chinese foreign direct investment in countries of the Arctic region to other countries with major investments in such countries, including India, Japan, South Korea, the Netherlands, and France.</ins>
  - (4) <ins>An assessment of the environmental impact of past Chinese investments in oil and gas, mineral, and infrastructure projects in the Arctic region, including the degree to which Chinese investors are required to comply with local environmental laws and post bonds to assure remediation if a project becomes bankrupt.</ins>
  - (5) <ins>A review of the 2018 Chinese Arctic Policy and other relevant public and nonpublic Chinese policy documents to determine the following:</ins>
    - (A) <ins>China’s strategic objectives in the Arctic region from a military, economic, territorial, and political perspective.</ins>
    - (B) <ins>China’s goals in the Arctic region with respect to its relations with the United States and Russia, including the degree to which activities of China in the region are an extension of China’s strategic competition with the United States.</ins>
    - (C) <ins>Whether any active or planned infrastructure investments are likely to result in a regular presence of Chinese military vessels or the establishment of military bases in the Arctic region.</ins>
    - (D) <ins>The extent to which Chinese research activities in the Arctic region are a front for economic activities, including illegal economic espionage, intelligence gathering, and support for future Chinese military activities in the region.</ins>
    - (E) <ins>The degree to which Arctic littoral states are susceptible to the political and economic risks of unregulated foreign direct investment.</ins>
    - (F) <ins>The vulnerability of semi-autonomous regions, such as tribal lands, to Chinese foreign direct investment, including the influence of legal controls and political or economic manipulation with respect to such vulnerability.</ins>
    - (G) <ins>The implications of China’s Arctic development and participation model with respect to forecasting China’s military, economy, territorial, and political activities.</ins>
  - (6) <ins>Policy and legislative recommendations to enhance the position of the United States in affairs of the Arctic region, including—</ins>
    - (A) <ins>recommendations for how the United States would best interact with nongovernmental organizations such as the World Bank, Arctic Council, United Nations General Assembly, and International Maritime Organization;</ins>
    - (B) <ins>recommendation to pursue or not pursue the formation of an Arctic Development Bank and, if pursued, how to organize, fund, and operate the bank;</ins>
    - (C) <ins>measures the United States can take to promote regional governance and eliminate the soft-power influence from Chinese foreign direct investment, in particular, steps where the United States and Russia should cooperate; and</ins>
    - (D) <ins>the possibility of negotiating a regional arrangement to regulate foreign direct investment in countries of the Arctic region.</ins>
- (d) <ins>Report to Department of Defense—</ins> <ins>Not later than 720 days after the date of the enactment of this Act, the federally-funded research and development center with respect to which the Secretary of Defense has entered into a contract under subsection (b) shall submit to the Secretary a report containing the study under subsections (b) and (c).</ins>
- (e) <ins>Report to Congress—</ins> <ins>Not later than 750 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees the report under subsection (d), without change.</ins>
- (f) <ins>Appropriate congressional committee defined—</ins> <ins>In this section, the term appropriate congressional committees means—</ins>
  - (1) <ins>the congressional defense committees;</ins>
  - (2) <ins>the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate; and</ins>
  - (3) <ins>the Committee on Foreign Affairs and the Committee on Transportation and Infrastructure of the House of Representatives.</ins>

## Sec. 1250K Sense of Congress on North Korea — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>diplomacy is essential to address the illegal nuclear program of North Korea;</ins>
- (2) <ins>every effort should be made to avoid a military confrontation with North Korea, as it would pose extreme risks to—</ins>
  - (A) <ins>United States military personnel;</ins>
  - (B) <ins>noncombatants, including United States citizens and citizens of United States allies; and</ins>
  - (C) <ins>regional security;</ins>
- (3) <ins>the United States should pursue a sustained and credible diplomatic process to achieve the denuclearization of North Korea and an end to the 69-year-long Korean War; and</ins>
- (4) <ins>until such time as North Korea no longer poses a threat to the United States or United States allies, the United States should, in concert with such allies, continue to deter North Korea through credible defense and deterrence posture.</ins>

## Sec. 1258 European Center of Excellence for Countering Hybrid Threats — added

- (a) <ins>In general—</ins> <ins>Of the amounts authorized to be appropriated by this Act, the Secretary of Defense shall provide $2,000,000 for the European Center of Excellence for Countering Hybrid Threats (in this section referred to as the “Center”) to—</ins>
  - (1) <ins>enhance the ability of military forces and civilian personnel of countries participating in the Center to engage in joint hybrid warfare exercises or coalition or international military operations; and</ins>
  - (2) <ins>improve interoperability between the armed forces and the military forces of friendly foreign countries in the area of hybrid warfare.</ins>
- (b) <ins>Certification—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—</ins>
  - (1) <ins>certify to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the Secretary of Defense has assigned executive agent responsibilities for the Center to an appropriate organization within the Department of Defense; and</ins>
  - (2) <ins>detail the steps being undertaken to strengthen the role of the Center in fostering hybrid warfare defense capabilities and coordination within NATO and the European Union.</ins>
- (c) <ins>Funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Office of the Secretary of Defense, is hereby increased by $2,000,000.</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Advanced Innovative Technology, is hereby reduced by $2,000,000.</ins>

## Sec. 1259 Sense of Congress on European investments in national security — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>the North Atlantic Treaty Organization (NATO) is central to United States-European defense matters; and</ins>
- (2) <ins>military cooperation and coordination in Europe among NATO member countries should complement NATO efforts and not detract from NATO military system interoperability and burden sharing among NATO allies.</ins>

## Sec. 1260 Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents — added

- <ins>Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees on the program described in section 1277 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), including an assessment on whether the program is beneficial to students interning, working part time, or in a program that will result in employment post-graduation with Department of Defense components and contractors.</ins>

## Sec. 1260A NATO Support Act — added

- (a) <ins>Findings—</ins> <ins>Congress finds that:</ins>
  - (1) <ins>The North Atlantic Treaty Organization (NATO), which came into being through the North Atlantic Treaty, which entered into force on April 4, 1949, between the United States of America and the other founding members of the North Atlantic Treaty Organization, has served as a pillar of international peace and stability, a critical component of United States security, and a deterrent against adversaries and external threats.</ins>
  - (2) <ins>The House of Representatives affirmed in H. Res. 397, on June 27, 2017, that—</ins>
    - (A) <ins>NATO is one of the most successful military alliances in history, deterring the outbreak of another world war, protecting the territorial integrity of its members, and seeing the Cold War through to a peaceful conclusion;</ins>
    - (B) <ins>NATO remains the foundation of United States foreign policy to promote a Europe that is whole, free, and at peace;</ins>
    - (C) <ins>the United States is solemnly committed to the North Atlantic Treaty Organization’s principle of collective defense as enumerated in Article 5 of the North Atlantic Treaty; and</ins>
    - (D) <ins>the House of Representatives—</ins>
      - (i) <ins>strongly supports the decision at the NATO Wales Summit in 2014 that each alliance member would aim to spend at least 2 percent of its nation’s gross domestic product on defense by 2024;</ins>
      - (ii) <ins>condemns any threat to the sovereignty, territorial integrity, freedom and democracy of any NATO ally; and</ins>
      - (iii) <ins>welcomes the Republic of Montenegro as the 29th member of the NATO Alliance.</ins>
- (b) <ins>Statement of policy—</ins> <ins>It is the policy of the United States—</ins>
  - (1) <ins>to remain a member in good standing of NATO;</ins>
  - (2) <ins>to reject any efforts to withdraw the United States from NATO, or to indirectly withdraw from NATO by condemning or reducing contributions to NATO structures, activities, or operations, in a manner that creates a de facto withdrawal;</ins>
  - (3) <ins>to continue to work with NATO members to meet their 2014 Wales Defense Investment Pledge commitments; and</ins>
  - (4) <ins>to support robust United States funding for the European Deterrence Initiative, which increases the ability of the United States and its allies to deter and defend against Russian aggression.</ins>
- (c) <ins>Prohibition on the use of funds to withdraw from NATO—</ins> <ins>Notwithstanding any other provision of law, no funds are authorized to be appropriated, obligated, or expended to take any action to withdraw the United States from the North Atlantic Treaty, done at Washington, DC on April 4, 1949, between the United States of America and the other founding members of the North Atlantic Treaty Organization.</ins>

## Sec. 1260B Extension and modification of security assistance for Baltic countries for joint program for interoperability and deterrence against aggression — added

- (a) <ins>Additional major defense articles and services—</ins> <ins>Subsection (c) of section 1279D of the National Defense Authorization Act for Fiscal Year 2018 (22 U.S.C. 2753 note) is amended—</ins>
  - (1) <ins>in the matter preceding paragraph (1), by inserting “major” before “defense articles and services”;</ins>
  - (2) <ins>in paragraph (5), by inserting “major” before “defense articles and services”;</ins>
  - (3) <ins>by redesignating paragraph (5), as so amended, as paragraph (6); and</ins>
  - (4) <ins>by inserting after paragraph (4) the following new paragraph:</ins>
    - <ins>“(5) Intelligence, surveillance, and reconnaissance equipment.”</ins>
- (b) <ins>Funding—</ins> <ins>Subsection (f) of such section 1279D is amended—</ins>
  - (1) <ins>in paragraph (2), by striking “$100,000,000” and inserting “$125,000,000”; and</ins>
  - (2) <ins>by adding at the end the following new paragraph:</ins>
    - <ins>“(3) Matching amount—The amount of assistance provided under subsection (a) for procurement described in subsection (b) may not exceed the aggregate amount contributed to such procurement by the Baltic nations.”</ins>
- (c) <ins>Extension—</ins> <ins>Subsection (g) of such section 1279D is amended by striking “December 31, 2020” and inserting “December 31, 2021”.</ins>
- (d) <ins>Conforming amendment—</ins> <ins>Subsection (b) of such section 1279D is amended by inserting “major” before “defense articles and services” each place it appears.</ins>
- (e) <ins>Report on use of funding authority—</ins> <ins>Not later than January 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:</ins>
  - (1) <ins>Whether the authority to provide assistance pursuant to section 1279D was used in the previous calendar year.</ins>
  - (2) <ins>A description of the manner in which funds made available for assistance through such authority, if any, were used during such year.</ins>
  - (3) <ins>Whether alternative sources of funding exist to provide the assistance described in section 1279D.</ins>
  - (4) <ins>Whether any alternative authorities exist under which the Secretary can provide such assistance.</ins>

## Sec. 1262 Modification to report on legal and policy frameworks for the use of military force

- Section 1264 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1689) is amended—
- (1) in the heading for subsection (a), by striking “Initial” and inserting “Annual”;
- (2) in subsection (a)(1), by striking “90 days after the date of the enactment of this Act” and inserting “March 1 of each <del>year”; and</del><ins>year”;</ins>
- (3) in subsection (a)(2), by striking “during the period” and all that follows to the end and <del>inserting “from the preceding year.”.</del><ins>inserting</ins>
  - <ins>“(A) a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including—</ins>
  - <ins>“(i) the legal and factual basis for such determination; and</ins>
  - <ins>“(ii) a description of whether force has been used against each such foreign force, irregular force, group, or individual; and</ins>
  - <ins>“(B) the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force.”</ins>
- (4) <ins>in subsection (c), by adding at the end the following: “The unclassified portion of each report shall, at a minimum, include each change made to the legal and policy frameworks during the preceding year and the legal, factual, and policy justifications for such changes, and shall be made available to the public at the same time it is submitted to the appropriate congressional committees.”.</ins>

## Sec. 1263 Limitation on availability of certain funds until report submitted on Department of Defense awards and disciplinary action as a result of the 2017 incident in Niger

- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for Operation and Maintenance, Defense-Wide, Office of the Secretary of Defense, for Travel of Persons, not more than 80 percent of such funds may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees a report that contains a description of each award and disciplinary action issued, by rank, as a result of the AR <del>15-6 </del><ins>15–6 </ins>investigation findings relating to the incident in Niger in 2017. The report shall be submitted in a format that protects personally identifiable information and is consistent with national security.

## Sec. 1267 Sense of Congress on acquisition by Turkey of Patriot system

- (a) Findings— Congress finds the following:
  - (1) The Government of Turkey has indicated in a communication to Congress that there remains an opportunity to meet Turkey’s requirement for an air and missile defense capability through the acquisition of the Patriot system from the United States.
  - (2) The acquisition of the Patriot system could remove the need to acquire the <del>S-400 </del><ins>S–400 </ins>air and missile defense system from Russia, which is incompatible with the integrated air and missile defense system of the North Atlantic Treaty Organization (NATO) and should preclude Turkey’s participation in the <del>F-35 </del><ins>F–35 </ins>Joint Strike Fighter (JSF) consortium program with the United States.
- (b) Sense of Congress— Congress—
  - (1) supports the efforts of the United States Government to achieve a satisfactory arrangement with Turkey by which Turkey acquires the Patriot system to defend its airspace, which would preserve Turkey as a production partner in the <del>F-35 </del><ins>F–35 </ins>JSF consortium program;
  - (2) encourages the Department of Defense to secure the deployment of a Patriot system to Turkey, under United States or NATO operational control, for the purpose of providing Turkey with an interim capability to address urgent vulnerabilities in Turkey’s air and missile defense during the period in which an agreement is reached for Turkey’s acquisition of the Patriot system; and
  - (3) notes that any such deployment of the Patriot or a NATO interoperable system in the interim is contingent on Turkey’s commitment to cancel the <del>S-400 </del><ins>S–400 </ins>air and missile defense system acquisition.

## Sec. 1268 Amendments relating to civilian casualty matters — added

- (a) <ins>Modification of responsibility for policy on civilian casualty matters—</ins> <ins>Section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 134 note) is amended—</ins>
  - (1) <ins>in subsection (b)—</ins>
    - (A) <ins>in paragraph (3)—</ins>
      - (i) <ins>by inserting “appropriate to the specific regional circumstances” after “publicly available means”; and</ins>
      - (ii) <ins>by inserting “or in-person” after “Internet-based”;</ins>
    - (B) <ins>in paragraph (5)—</ins>
      - (i) <ins>in subparagraph (A), by inserting “, including for acknowledging the status of any individuals killed or injured who were initially reported as lawful targets, but subsequently determined not to be lawful targets” after “operations”; and</ins>
      - (ii) <ins>in subparagraph (B)—</ins>
        - (I) <ins>by inserting “or other assistance” after “payments”; and</ins>
        - (II) <ins>by striking “necessary” and inserting “reasonable and culturally appropriate”; and</ins>
    - (C) <ins>in paragraph (7), by striking “and” at the end;</ins>
    - (D) <ins>by redesignating paragraph (8) as paragraph (10); and</ins>
    - (E) <ins>by inserting after paragraph (7) the following:</ins>
      - <ins>“(8) uniform processes and standards across the combatant commands for integrating civilian protection into operational planning, including assessments of the optimal staffing models for tracking, analyzing, and responding to civilian casualties in named military operations of various sizes and compositions, to include multinational coalition operations;</ins>
      - <ins>“(9) cultivating, developing, retaining, and disseminating lessons learned about the proximate cause or causes of civilian casualties, and practices developed to prevent, mitigate, or respond to such casualties; and”</ins>
  - (2) <ins>by redesignating subsection (c) as subsection (d);</ins>
  - (3) <ins>by inserting after subsection (b) the following:</ins>
    - <ins>“(c) Coordination</ins>
    - <ins>“(1) In general—The senior civilian official designated under subsection (a) shall develop and implement steps to increase coordination with the Chiefs of Mission and other appropriate positions in the Department of State in any country with respect to which the policy required pursuant to subsection (a) is relevant.</ins>
    - <ins>“(2) Matters for coordination—The coordination required by paragraph (1) shall include the following:</ins>
    - <ins>“(A) The development of publicly available means, appropriate to the specific regional circumstances, including an internet-based or in-person mechanism, for submission to the United States Government of allegations of civilian casualties resulting from United States military operations.</ins>
    - <ins>“(B) The offering of reasonable and culturally appropriate ex gratia payments or other assistance to civilians who have been injured, or to the families of civilians killed, as a result of United States military operations.”</ins>
  - (4) <ins>by inserting after subsection (d), as redesignated, the following:</ins>
    - <ins>“(e) Briefing—Not later than 180 days after the date of the enactment of this subsection, the senior civilian official designated under subsection (a) shall brief the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—</ins>
    - <ins>“(1) the updates made to the policy developed by the senior civilian official pursuant to this section; and</ins>
    - <ins>“(2) the efforts of the Department to implement such updates.”</ins>
- (b) <ins>Modification of annual report on civilian casualties in connection with United States military operations—</ins> <ins>Section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—</ins>
  - (1) <ins>in subsection (a), by striking “congressional defense committees” and inserting “appropriate congressional committees”; and</ins>
  - (2) <ins>in subsection (b)—</ins>
    - (A) <ins>in paragraph (3), by striking the period at the end and inserting the following:</ins>
      - <ins>“(A) whether interviews were conducted with witnesses and survivors of United States lethal actions, directly or through a third party or intermediary;</ins>
      - <ins>“(B) whether the investigation relied on public reports or other nongovernmental sources; and</ins>
      - <ins>“(C) the process, criteria, and methodology used to assess external allegations of civilian casualties, including the sources of such allegations.”</ins>
    - (B) <ins>in paragraph (4), by adding at the end before the period the following: “, including any assistance and support, as appropriate, provided for civilians displaced by such operations”;</ins>
    - (C) <ins>by redesignating paragraph (6) as paragraph (9); and</ins>
    - (D) <ins>by inserting after paragraph (5) the following:</ins>
      - <ins>“(6) A list of allegations where the Department could confirm United States military activity but could not confirm civilian casualties due to lack of evidence, and any steps taken to further corroborate the allegations.</ins>
      - <ins>“(7) A list of allegations that the Department could not fully assess in a Civilian Casualty Assessment Review (CCAR) due to lack of information and any steps taken to obtain additional information needed to conduct a CCAR.</ins>
      - <ins>“(8) A description of the specific criteria the Department employed during the CCAR to determine that a civilian casualty is more likely than not to have occurred.”</ins>
  - (3) <ins>by adding at the end the following:</ins>
    - <ins>“(f) Appropriate congressional committees defined—In this section, the term “appropriate congressional committees” means—</ins>
    - <ins>“(1) the congressional defense committees; and</ins>
    - <ins>“(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”</ins>

## Sec. 1269 Limitation on the production of nuclear proliferation assessment statements — added

- (a) <ins>Limitation—</ins> <ins>The Secretary of State may not provide to the President, and the President may not submit to Congress, a Nuclear Proliferation Assessment Statement described in subsection a. of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with respect to a proposed cooperation agreement with any country that has not signed and implemented an Additional Protocol with the International Atomic Energy Agency, other than a country with which, as of June 19, 2019, there is in effect a civilian nuclear cooperation agreement pursuant to such section 123.</ins>
- (b) <ins>Waiver—</ins> <ins>The limitation under subsection (a) shall be waived with respect to a particular country if—</ins>
  - (1) <ins>the President submits to the appropriate congressional committees a request to enter into a proposed cooperation agreement with such country that includes a report describing the manner in which such agreement would advance the national security and defense interests of the United States and not contribute to the proliferation of nuclear weapons; and</ins>
  - (2) <ins>there is enacted a joint resolution approving the waiver of such limitation with respect to such agreement.</ins>
- (c) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the congressional defense committees;</ins>
  - (2) <ins>the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and</ins>
  - (3) <ins>the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.</ins>

## Sec. 1270 Restriction on emergency authority relating to arms sales under the Arms Export Control Act — added

- <ins>Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following:</ins>
- <ins>“(j) Restriction on emergency authority relating to arms sales under this Act—A determination of the President that an emergency exists which requires a proposed transfer of defense articles or defense services to be in the national security interest of the United States, thus waiving the congressional review requirements pursuant to section 3(d)(2) or subsection (b)(1), (c)(2), or (d)(2) of this section—</ins>
- <ins>“(1) shall apply only if—</ins>
- <ins>“(A) the President—</ins>
- <ins>“(i) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the determination that an emergency exists not later than three days after the date on which the President issues the determination; and</ins>
- <ins>“(ii) includes in the certification to be submitted to Congress with respect to the emergency—</ins>
- <ins>“(I) a determination and justification for each individual letter of offer, license, or approval for the defense articles or defense services; and</ins>
- <ins>“(II) a specific and detailed description of how such waiver of the congressional review requirements directly responds to or addresses the circumstances of the emergency;</ins>
- <ins>“(B) the delivery of the defense articles or defense services will take place not later than 90 days after the date on which the President issues the determination; and</ins>
- <ins>“(C) the President submits the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the defense articles or defense services that were delivered, including the type of defense articles or defense services, not later than 30 days after the date of delivery; and</ins>
- <ins>“(2) shall not apply in the case of a license or other authorization that includes manufacturing or co-production of the articles or services outside the United States if such manufacturing or co-production has not been previously licensed or authorized.”</ins>

## Sec. 1270A Report on annual defense spending by ally and partner countries — added

- (a) <ins>In general—</ins> <ins>Not later than 6 months after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report that includes a description of—</ins>
  - (1) <ins>the annual defense spending of each mutual defense treaty ally and major non-NATO ally, including the nominal budget figure and the share of such spending as a percentage of the ally’s gross domestic product, for the fiscal year immediately preceding the fiscal year in which the report is submitted;</ins>
  - (2) <ins>the activities of each such ally in contributing to military or stability operations in which the Armed Forces participate;</ins>
  - (3) <ins>any limitations that each such ally places on the use of the Armed Forces of such ally for such military or stability operations; and</ins>
  - (4) <ins>any actions undertaken by the United States or other countries to minimize or modify such limitations.</ins>
- (b) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex.</ins>
- (c) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Mutual defense treaty ally—</ins> <ins>The term “mutual defense treaty ally” means a country that is a party to a treaty of mutual defense with the United States.</ins>
  - (2) <ins>Major non-NATO ally—</ins> <ins>The term “major non-NATO ally” means a country so designated pursuant to section 2350a or section 517 of the Foreign Assistance Act of 1961.</ins>

## Sec. 1270B Sense of Congress on the United States-Israel relationship — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>since 1948, Israel has been one of the United States’ strongest friends and allies;</ins>
- (2) <ins>Israel is a stable, democratic country in a region often marred by turmoil;</ins>
- (3) <ins>it is essential to the strategic interest of the United States to continue to offer full security assistance and related support to Israel; and</ins>
- (4) <ins>such assistance and support is especially vital as Israel confronts a number of potential challenges at the present time, including continuing threats from Iran.</ins>

## Sec. 1270C Sense of Congress on stability of the Caucasus region and the continuation of the Nagorno Karabakh cease-fire — added

- <ins>It is the sense of Congress that United States interests in the stability of the Caucasus region and the continuation of the Nagorno Karabakh cease-fire will be advanced by an agreement among regional stakeholders on—</ins>
- (1) <ins>the non-deployment of snipers, heavy arms, and new weaponry along the line-of-contact;</ins>
- (2) <ins>the deployment of gun-fire locator systems on the line-of-contact; and</ins>
- (3) <ins>an increase in the number of Organization for Security and Co-operation in Europe observers along the line-of-contact.</ins>

## Sec. 1270D Western hemisphere resource assessment — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the President, acting through the Secretary of Defense, the Secretary of State, and the Administrator of United States Agency for International Aid, shall submit to the appropriate congressional committees an accounting of and an assessment of the sufficiency of resources available to the United States Southern Command (SOUTHCOM), United States Northern Command (NORTHCOM), Department of State, and United States Agency for International Aid (USAID), to carry out their respective missions in the Western hemisphere.</ins>
- (b) <ins>Matters to be included—</ins> <ins>The assessment described in subsection (a) shall include each of the following:</ins>
  - (1) <ins>An accounting and description of the funds available to SOUTHCOM, NORTHCOM, the Department of State, and USAID.</ins>
  - (2) <ins>A list of bilateral and multilateral military training and exercises with allies and partner countries in the Western Hemisphere.</ins>
  - (3) <ins>A description of the security force activities of the United States in the Western Hemisphere.</ins>
  - (4) <ins>A description of the activities of the Departments of State and Defense in addressing security challenges in the Western Hemisphere.</ins>
  - (5) <ins>Cyber domain activities of the United States and those actions in concert with allied and partner countries in the Western Hemisphere.</ins>
  - (6) <ins>A description of the funding for all international military education and training programs.</ins>
  - (7) <ins>An overview of all foreign military sales and foreign military financing programs with partner countries in the Western Hemisphere.</ins>
  - (8) <ins>A list of investments, programs, or partnerships in the Western Hemisphere by China, Iran, Russia, or other adversarial groups or countries that threaten the national security of the United States.</ins>
  - (9) <ins>Recommendations for actions the Department of Defense, the Department of State, and USAID could take to advance United States national security interests in the Western Hemisphere.</ins>
- (c) <ins>Form; entity—</ins> <ins></ins>
  - (1) <ins>Form—</ins> <ins>The accounting and assessment required by subsection (a) shall be submitted in unclassified form but may include a classified annex.</ins>
  - (2) <ins>Entity—</ins> <ins>The Secretary of Defense shall provide for the assessment required by subsection (a) to be performed by an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs.</ins>
- (d) <ins>Appropriate congressional committees defined—</ins> <ins>The term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and</ins>
  - (2) <ins>the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.</ins>

## Sec. 1270E Strategy to Improve the efforts of the Nigerian military to prevent, mitigate, and respond to civilian harm — added

- (a) <ins>Strategy—</ins> <ins></ins>
  - (1) <ins>Report—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a plan for assisting the Nigerian military to improve its efforts to prevent, mitigate, and respond to civilian harm arising from its military presence and operations.</ins>
  - (2) <ins>Updates—</ins> <ins>Not later than one year after the transmission of the report required under paragraph (1) and annually thereafter, the President shall provide to the appropriate congressional committees an update on progress made with respect to the plan contained in such report.</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a)(1) shall include the following:</ins>
  - (1) <ins>Any steps being taken by the United States Government to ensure that the Nigerian Air Force is able to prevent and minimize civilian harm in the operation of 12 A–29 Super Tucano aircraft and associated weapons acquired from the United States, including training planned or provided on air-to-ground integration measures specifically intended to minimize civilian harm.</ins>
  - (2) <ins>Whether the training described in paragraph (1) is provided by United States Government or contract personnel.</ins>
  - (3) <ins>An assessment of the effectiveness of such training or other assistance in preventing civilian casualties from ground and air operations.</ins>
  - (4) <ins>An assessment of efforts by the Government of Nigeria to improve civilian protection, accountability for human rights violations, and transparency in the defense institutions and security sector force, including the status of any national protection of civilians policies, and a description of the key United States diplomatic and military efforts available to promote progress relating to such matters.</ins>
  - (5) <ins>Any other matters the President considers appropriate.</ins>
- (c) <ins>Form—</ins> <ins>The report required under subsection (a)(1) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services and the Committee on Foreign Relations, the Committee on Appropriations of the Senate; and</ins>
  - (2) <ins>the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.</ins>

## Sec. 1270F Limitation on use of funds from the Special Defense Acquisition Fund — added

- <ins>Section 114(c) of title 10, United States Code, is amended by adding at the end the following new paragraph:</ins>
- <ins>“(4) Notwithstanding paragraph (3), none of the funds made available from the Special Defense Acquisition Fund for any fiscal year may be made available to provide any assistance to Saudi Arabia or the United Arab Emirates if such assistance could be used by either country to conduct or continue hostilities in Yemen.”</ins>

## Sec. 1270G Prohibition on the use of emergency authorities for the sale or transfer of defense articles and services to Saudi Arabia and the United Arab Emirates — added

- <ins>None of the funds authorized to be appropriated or otherwise made available by this or any other Act may be made available to process a commercial sale or foreign military sale, or to transfer, deliver, or facilitate the transfer or delivery, of any defense article or service to Saudi Arabia or the United Arab Emirates pursuant to any certification of emergency circumstances submitted in accordance with section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) with respect to such countries, including any such certification submitted to Congress before the date of the enactment of this section.</ins>

## Sec. 1270H Prohibition on support for military participation against the Houthis — added

- (a) <ins>Prohibition relating to support—</ins> <ins>None of the funds authorized to be appropriated or otherwise made available by this Act may be made available to provide the following forms of United States support to Saudi-led coalition’s operations against the Houthis in Yemen:</ins>
  - (1) <ins>Sharing intelligence for the purpose of enabling coalition strikes.</ins>
  - (2) <ins>Providing logistical support for coalition strikes, including by providing maintenance or transferring spare parts to coalition members flying warplanes engaged in anti-Houthi bombings.</ins>
- (b) <ins>Prohibition relating to military participation—</ins> <ins>None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for any civilian or military personnel of the Department of Defense to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of the Saudi and United Arab Emirates-led coalition forces in hostilities against the Houthis in Yemen or in situations in which there exists an imminent threat that such coalition forces become engaged in such hostilities, unless and until the President has obtained specific statutory authorization, in accordance with section 8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).</ins>
- (c) <ins>Rule of construction—</ins> <ins>The prohibitions under this section may not be construed to apply with respect to United States Armed Forces engaged in operations directed at al Qaeda or associated forces.</ins>

## Sec. 1270I Repeal of prohibition on transfer of articles on the United States Munitions List to Cyprus — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>the direct sale or transfer of arms by the United States to Cyprus would advance United States security interests in Europe by helping to reduce the dependence of the Government of Cyprus on other countries for defense-related materiel, including countries that pose challenges to United States interests around the world; and</ins>
  - (2) <ins>it is in the interest of the United States—</ins>
    - (A) <ins>to continue to support United Nations-facilitated efforts toward a comprehensive solution to the division of Cyprus; and</ins>
    - (B) <ins>for the Republic of Cyprus to join NATO’s Partnership for Peace program.</ins>
- (b) <ins>Modification of prohibition—</ins> <ins>Section 620C(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended by adding at the end of the following new paragraph:</ins>
  - <ins>“(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense or defense service is Cyprus.”</ins>
- (c) <ins>Exclusion of the Government of the Republic of Cyprus from certain related regulations—</ins> <ins>Beginning on the date of the enactment of this Act, the Secretary of State shall not apply a policy of denial for exports, re-exports, or transfers of defense articles and defense services destined for or originating in the Republic of Cyprus if—</ins>
  - (1) <ins>the request is made by or on behalf of Cyprus; and</ins>
  - (2) <ins>the end-user of such defense articles or defense services is Cyprus.</ins>
- (d) <ins>Exception—</ins> <ins>This exclusion shall not apply to any denial based upon credible human rights concerns.</ins>
- (e) <ins>Limitations on the transfer of articles on the united states munitions list to the republic of cyprus—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The policy of denial for exports, re-exports, or transfers of defense articles on the United States Munitions List to the Republic of Cyprus shall remain in place unless the President determines and certifies to the appropriate congressional committees not less than annually that—</ins>
    - (A) <ins>the Government of the Republic of Cyprus is continuing to cooperate with the United States Government in efforts to implement reforms on anti-money laundering regulations and financial regulatory oversight; and</ins>
    - (B) <ins>the Government of the Republic of Cyprus has made and is continuing to take the steps necessary to deny Russian military vessels access to ports for refueling and servicing.</ins>
  - (2) <ins>Waiver—</ins> <ins>The President may waive the limitations contained in this subsection for one fiscal year if the President determines that it is essential to the national security interests of the United States to do so.</ins>
  - (3) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term appropriate congressional committees means—</ins>
    - (A) <ins>the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and</ins>
    - (B) <ins>the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.</ins>

## Sec. 1270J Prohibition on use of funds for shorter- or intermediate-range ground launched ballistic or cruise missile systems — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>Secretary of State Mike Pompeo’s February 1, 2019, announcement of the decision of the United States to withdraw from the INF Treaty, without proper consultation with Congress, is a serious breach of Congress’s proper constitutional role as a co-equal branch of government;</ins>
  - (2) <ins>United States withdrawal from the INF Treaty will free Russia to deploy greater quantities of the SSC–8 missile to the detriment of United States national security and that of our allies in Europe and the Indo-Pacific region;</ins>
  - (3) <ins>the North Atlantic Treaty Organization (NATO) alliance makes critical contributions to United States national security, and the failure to weigh the concerns of NATO allies risks weakening the joint resolve necessary to counter Russia’s aggressive behavior;</ins>
  - (4) <ins>as opposed to withdrawing from the INF Treaty, the United States should continue to advance other diplomatic, economic, and military measures outlined in the “Trump Administration INF Treaty Integrated Strategy” to resolve the concerns related to Russia’s violation of the INF Treaty and to reach agreement on measures to ensure the INF Treaty’s future viability; and</ins>
  - (5) <ins>further, in lieu of withdrawing from the INF Treaty, the United States should look at options to expand arms control treaties to include China in an effort to limit its short- and intermediate-range missiles.</ins>
- (b) <ins>Prohibition—</ins> <ins>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 made available for the research, development, testing, evaluation, procurement, or deployment of a United States shorter- or intermediate-range ground launched ballistic or cruise missile system with a range between 500 and 5,500 kilometers until the following has been submitted to the appropriate committees of Congress:</ins>
  - (1) <ins>A report from the Secretary of Defense, jointly with the Secretary of State and the Director of National Intelligence, that includes—</ins>
    - (A) <ins>a detailed diplomatic proposal for negotiating an agreement to obtain the strategic stability benefits of the INF Treaty;</ins>
    - (B) <ins>an assessment of the implications, in terms of the military threat to the United States and its allies in Europe and the Indo-Pacific region, of Russian deployment of intermediate-range cruise and ballistic missiles without restriction;</ins>
    - (C) <ins>identification of what types of technologies and programs the United States would need to pursue to offset the additional Russian capabilities, and at what cost;</ins>
    - (D) <ins>identification of what mission requirements will be met by INF Treaty-type systems; and</ins>
    - (E) <ins>details regarding ramifications of a collapse of the INF Treaty on the ability to generate consensus among States Parties to the NPT Treaty ahead of the 2020 NPT Review Conference, and assesses the degree to which Russia will use the United States unilateral withdrawal to sow discord within the NATO alliance.</ins>
  - (2) <ins>A copy or copies of at least one Memorandum of Understanding from a NATO or Indo-Pacific ally that commits it to host deployment of any such ballistic or cruise missile system on its own territory, and in the case of deployment on the European continent, has the concurrence of the North Atlantic Council.</ins>
  - (3) <ins>An unedited copy of an analysis of alternatives conducted by the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation that considers other ballistic or cruise missile systems, to include sea- and air-launched missiles, that could be deployed to meet current capability gaps due to INF Treaty restrictions, and further to include cost, schedule, and operational considerations.</ins>
- (c) <ins>Form—</ins> <ins>The documents required by paragraphs (1), (2), and (3) of subsection (b) shall be submitted in unclassified form, but may contain a classified annex.</ins>
- (d) <ins>Rule of construction—</ins> <ins>Nothing in this section may be construed to authorize the use of funds described in subsection (b) for the research, development, testing, evaluation, procurement, or deployment of INF Treaty-type systems in the United States or its territories.</ins>
- (e) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Appropriate congressional committees—</ins> <ins>The term “appropriate committees of Congress” means—</ins>
    - (A) <ins>the congressional defense committees; and</ins>
    - (B) <ins>the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.</ins>
  - (2) <ins>INF Treaty—</ins> <ins>The term “INF Treaty” means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, together with the Memorandum of Understanding and Two Protocols, signed at Washington December 8, 1987, and entered into force June 1, 1988.</ins>
  - (3) <ins>NPT Treaty—</ins> <ins>The term “NPT Treaty” means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington July 1, 1968.</ins>

## Sec. 1270K Report on implications of Chinese military presence in Djibouti — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that contains a comprehensive strategy to address security concerns posed by the Chinese People’s Liberation Army Support Base in Djibouti to United States military installations and logistics chains in sub-Saharan Africa and the Middle East.</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a) shall include the following:</ins>
  - (1) <ins>An assessment of the potential military, intelligence, and logistical threats facing key regional United States military infrastructure, supply chains, and staging grounds due to the proximity of major Chinese military assets in Djibouti.</ins>
  - (2) <ins>An assessment of the efforts taken by Camp Lemonnier to improve aviation safety in the aftermath of the recent Chinese military targeting of American flight crews with military-grade lasers.</ins>
  - (3) <ins>An assessment of Djibouti’s Chinese-held public debt and the strategic vulnerabilities such may present if China moves to claim the Port of Djibouti or other key logistical assets in repayment.</ins>
  - (4) <ins>A description of the specific operational challenges facing United States military and supply chains in the Horn of Africa and the Middle East in the event that access to the strategically significant Port of Djibouti becomes limited or lost in its entirety, as well as a comprehensive contingency strategy to maintain full operational capacity in AFRICOM and CENTCOM through other ports and transport hubs.</ins>
  - (5) <ins>An identification of measures to mitigate risk of escalation between United States and Chinese military assets in Djibouti.</ins>
  - (6) <ins>Any other matters the Secretary of Defense considers appropriate.</ins>
- (c) <ins>Form—</ins> <ins>The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and</ins>
  - (2) <ins>the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.</ins>

## Sec. 1270L Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin — added

- (a) <ins>Sense of congress—</ins> <ins>Congress—</ins>
  - (1) <ins>strongly condemns the ongoing violence and the systematic gross human rights violations against the people of Nigeria and the Lake Chad Basin carried out by Boko Haram;</ins>
  - (2) <ins>expresses its support for the people of Nigeria and the Lake Chad Basin who wish to live in a peaceful, economically prosperous, and democratic region; and</ins>
  - (3) <ins>calls on the President to support Nigerian, Lake Chad Basin, and international community efforts to ensure accountability for crimes against humanity committed by Boko Haram against the people of Nigeria and the Lake Chad Basin, particularly the young girls kidnapped from Chibok and other internally displaced persons affected by the actions of Boko Haram.</ins>
- (b) <ins>Report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of State, and the Attorney General shall jointly submit to Congress a report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.</ins>
  - (2) <ins>Elements—</ins> <ins>The report required under paragraph (1) shall include the following elements:</ins>
    - (A) <ins>A description of initiatives undertaken by the Department of Defense to assist the Government of Nigeria and countries in the Lake Chad Basin to develop capacities to deploy special forces to combat Boko Haram.</ins>
    - (B) <ins>A description of United States activities to enhance the capacity of Nigeria and countries in the Lake Chad Basin to investigate and prosecute human rights violations perpetrated against the people of Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda affiliates, and other terrorist organizations, in order to promote respect for rule of law in Nigeria and the Lake Chad Basin.</ins>

## Sec. 1270M Report on Saudi led coalition strikes in Yemen — added

- (a) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report detailing the number of civilian casualties caused by the Saudi led coalition in Yemen, including an assessment of the coalition members’ willingness and ability to prevent civilian casualties.</ins>
- (b) <ins>Matters to be included—</ins> <ins>Each such report shall also contain information relating to whether—</ins>
  - (1) <ins>coalition members followed the norms and practices the United States military employs to avoid civilian casualties and ensure proportionality; and</ins>
  - (2) <ins>strikes executed by coalition members are in compliance with the United States’ interpretation of the laws governing armed conflict and proportionality.</ins>
- (c) <ins>Appropriate congressional committee defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the congressional defense committees; and</ins>
  - (2) <ins>the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and</ins>
  - (3) <ins>the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.</ins>

## Sec. 1270N Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen — added

- <ins>For the two-year period beginning on the date of the enactment of this Act, the Department of Defense may not provide in-flight refueling pursuant to section 2342 of title 10, United States Code, or any other applicable statutory authority to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen unless and until a declaration of war or a specific statutory authorization for such use of United States Armed Forces has been enacted.</ins>

## Sec. 1270O United States Strategy for Libya — added

- (a) <ins>Report required—</ins> <ins>Not later than 120 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a strategy for Libya.</ins>
- (b) <ins>Elements—</ins> <ins>The report required by subsection (a) shall include the following elements:</ins>
  - (1) <ins>An explanation of the strategy for Libya, including a description of the ends, ways, and means inherent to the strategy.</ins>
  - (2) <ins>An explanation of the legal authorities supporting the strategy.</ins>
  - (3) <ins>A detailed description of U.S. counterterrorism and security partnerships with Libyan actors.</ins>
  - (4) <ins>A detailed description of Libyan security actors and an assessment of how those actors advance or undermine stability in Libya and or U.S. strategic interests in Libya.</ins>
  - (5) <ins>A detailed description of how Libyan security actors support or obstruct civilian authorities and U.N. led efforts towards a political settlement of the conflict.</ins>
  - (6) <ins>A detailed description of the military activities of external actors in Libya, including Russia, Egypt, France, Qatar, the Kingdom of Saudi Arabia, Turkey, and the United Arab Emirates, including assessments of whether those activities:</ins>
    - (A) <ins>have undermined progress towards stabilization, including the United Nations-led negotiations;</ins>
    - (B) <ins>involve United States-origin equipment and violate contractual conditions of acceptable use of such equipment; or</ins>
    - (C) <ins>violate or seek to violate the United Nations arms embargo on Libya imposed pursuant to United Nations Security Council Resolution 1970 (2011).</ins>
  - (7) <ins>A plan to integrate the United States diplomatic, development, military, and intelligence resources necessary to implement the strategy.</ins>
  - (8) <ins>A detailed description of the roles of the United States Armed Forces in supporting the strategy.</ins>
  - (9) <ins>Any other matters as the President considers appropriate.</ins>
- (c) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (d) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and</ins>
  - (2) <ins>the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.</ins>

## Sec. 1270P Sense of Congress relating to Mongolia — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>the United States and Mongolia have a shared interest in supporting and preserving Mongolia’s democracy, including Mongolia’s ability to pursue an independent foreign policy, defend against threats to its sovereignty, and maintain territorial integrity;</ins>
- (2) <ins>Mongolia has consistently contributed forces to support United States combat operations in Iraq and Afghanistan and has a strong record of troop contributions to international peacekeeping missions;</ins>
- (3) <ins>as one of NATO’s nine “partners across the globe”, Mongolia shares the United States’ vision of a rules-based order in the strategically important Indo-Pacific region;</ins>
- (4) <ins>the United States should continue to take steps to remain Mongolia’s preferred security partner;</ins>
- (5) <ins>defense cooperation, a strong military-to-military relationship, and increased interoperability between the United States and the armed forces of Mongolia are in the interest of the United States; and</ins>
- (6) <ins>annual multilateral military exercises in Mongolia support peacekeeping and humanitarian assistance and disaster response capacity of United States partners and allies, and further United States regional objectives.</ins>

## Sec. 1270Q Report on relationship between Lebanese armed forces and Hizballah — added

- (a) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the President shall submit a report to Congress—</ins>
  - (1) <ins>identifying all military officers, commanders, advisors, officials, or other personnel with significant influence over the policies or activities of the Lebanese Armed Forces who are members of, paid by, or significantly influenced by Hizballah; and</ins>
  - (2) <ins>describing military activities conducted by the Lebanese Armed Forces to disarm Hizballah pursuant to United Nations Security Council Resolution (UNSCR) 1701 (2006).</ins>
- (b) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in an unclassified form but may have a classified annex.</ins>

## Sec. 1270R Imposition of sanctions relating to Central America — added

- (a) <ins>In general—</ins> <ins>No later than 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) on—</ins>
  - (1) <ins>each of the individuals listed in the report provided by to Congress by the Department of State on April 3, 2019, pursuant to section 1287 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232); and</ins>
  - (2) <ins>each of the individuals listed in the report provided to Congress by the Department of State on May 15, 2019, pursuant to section 7019(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6).</ins>
- (b) <ins>Sanctions described—</ins> <ins>The sanctions described in this subsection are the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note).</ins>
- (c) <ins>Waiver—</ins> <ins>The President may waive the imposition of sanctions under this section if the President determines that such waiver would be in the national security interests of the United States.</ins>

## Sec. 1270S Prohibition relating to joint task force with Guatemala — added

- (a) <ins>In general—</ins> <ins>None of the funds authorized to be appropriated or otherwise made available by this Act may be made available to transfer or purchase vehicles for any joint task force including the Ministry of Defense or the Ministry of the Interior of Guatemala unless the Secretary of Defense certifies to the appropriate congressional committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended.</ins>
- (b) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and</ins>
  - (2) <ins>the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.</ins>

## Sec. 1270T Prohibition on use of funds to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Somalia — added

- <ins>None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2020 may be obligated or expended to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Somalia.</ins>

## Sec. 1270U Report on hostilities involving United States Armed Forces — added

- (a) <ins>In general—</ins> <ins>The President shall report to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives within 48 hours any incident in which United States Armed Forces are involved in an attack or hostilities, including in an offensive or defensive capacity, unless the President—</ins>
  - (1) <ins>reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution (50 U.S.C. 1543); or</ins>
  - (2) <ins>has determined prior to the incident and reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549) that the United States Armed Forces involved in the incident would be operating under specific statutory authorization, within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a) shall include, for each such incident—</ins>
  - (1) <ins>the statutory and operational authorities under which the United States Armed Forces were operating, including any relevant executive orders and an identification of the operational activities authorized under such executive orders;</ins>
  - (2) <ins>the date, location, duration, and other parties involved;</ins>
  - (3) <ins>a description of the United States Armed Forces involved and the mission of such Armed Forces;</ins>
  - (4) <ins>the numbers of any combatant casualties and civilian casualties; and</ins>
  - (5) <ins>any other information the President determines appropriate.</ins>
- (c) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>

## Sec. 1270V Reports and briefings on use of military force and support of partner forces — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on specific actions taken pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 et seq.) and support for partner forces against those nations or organizations described in such law, during the preceding 180-day period.</ins>
- (b) <ins>Matters to be included—</ins> <ins>The report required by subsection (a) shall include, with respect to the time period for which the report was submitted, the following:</ins>
  - (1) <ins>A list of each nation or organization with respect to which force has been used pursuant to the Authorization for Use of Military Force, including the legal and factual basis for the determination that authority under such law applies with respect to each such nation or organization.</ins>
  - (2) <ins>An intelligence assessment of the risk to the United States posed by each such nation or organization.</ins>
  - (3) <ins>A list of the countries in which operations were conducted pursuant such law.</ins>
  - (4) <ins>A list of all lethal actions in which United States Armed Forces participated, including—</ins>
    - (A) <ins>a delineation of whether any country in which such action occurred was or was not designated as an area of active hostilities;</ins>
    - (B) <ins>the number of lawfully targetable individuals injured or killed and the number of high-value targets injured or killed for each such specific instance of lethal action; and</ins>
    - (C) <ins>a description of the circumstances surrounding each instance of a strike taken in Somalia, Yemen, and any other country not designated an area of active hostilities that did not target a high value target.</ins>
  - (5) <ins>A list of each partner force supported and each country in which United States Armed Forces have commanded, coordinated, participated in the movement of, accompanied, or otherwise supported foreign forces, irregular forces, groups, or individuals on operations in which such forces, groups or individuals have engaged in hostilities, either offensively or defensively, including—</ins>
    - (A) <ins>a delineation of instances in which such United States Armed Forces were or were not operating under the Authorization for Use of Military Force;</ins>
    - (B) <ins>the purpose for which the United States Armed Forces were deployed to the country in which the use of force occurred, including the program or funding authority under which such Armed Forces were operating;</ins>
    - (C) <ins>a determination of whether the foreign forces, irregular forces, groups, or individuals against which such hostilities occurred are covered by the Authorization for Use of Military Force;</ins>
    - (D) <ins>a description of the United States Armed Forces involvement in such hostilities, including whether the Armed Forces—</ins>
      - (i) <ins>directed the operation that led to hostilities, and, if so, the objective of such operation;</ins>
      - (ii) <ins>accompanied the partner force at any point during the mission or operation in which the hostilities occurred;</ins>
      - (iii) <ins>engaged directly in combat; or</ins>
      - (iv) <ins>provided intelligence, reconnaissance, or surveillance, medivac, refueling, airlift, or any other type of enabling support to the partner forces during hostilities.</ins>
  - (6) <ins>A description of the actual and proposed contributions, including financing, equipment, training, troops, and logistical support, provided by each foreign country that participates in any international coalition with the United States to combat a nation or organization described in the Authorization for Use of Military Force.</ins>
- (c) <ins>Form—</ins> <ins>The information required under paragraphs (1) and (2) of subsection (b) shall be submitted in unclassified form.</ins>
- (d) <ins>Other reports—</ins> <ins>If United States Armed Forces engage in hostilities, offensively or defensively, against any nation, organization, or person pursuant to statutory or constitutional authorities other than Authorization for Use of Military Force, the President shall comply with the reporting requirements under—</ins>
  - (1) <ins>this section to the same extent and in the same manner as if such actions had been taken under Authorization for Use of Military Force;</ins>
  - (2) <ins>the War Powers Resolution (50 U.S.C. 1541 et seq.); and</ins>
  - (3) <ins>any other applicable provision of law.</ins>
- (e) <ins>Briefings—</ins> <ins>At least once during each 180-day period described in subsection (a), the President shall provide to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a briefing on the matters covered by the report required under this section for such period.</ins>

## Sec. 1270W Repeal of Authorization for the Use of Military Force — added

- <ins>The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 50 U.S.C. 1541 note) is repealed.</ins>

## Sec. 1281 Short title — added

- <ins>This subtitle may be cited as the “Return Expenses Paid and Yielded Act” or “REPAY Act”.</ins>

## Sec. 1282 Modification of certification and report requirements relating to sales of major defense equipment with respect to which nonrecurring costs of research, development, and production are waived or reduced under the Arms Export Control Act — added

- (a) <ins>Certification—</ins> <ins>Section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) is amended by adding at the end the following:</ins>
  - <ins>“(7)</ins>
  - <ins>“(A) In the case of any letter of offer to sell any major defense equipment for $14,000,000 or more, in addition to the other information required to be contained in a certification submitted to the Congress under this subsection, or a similar certification prior to finalization of a letter of offer to sell, each such certification shall include the amount of any charge or charges for the proportionate amount of any nonrecurring costs of research, development, and production of the major defense equipment that was waived or reduced under section 21(e).</ins>
  - <ins>“(B) Each such certification shall also include information on—</ins>
  - <ins>“(i) the type of waiver or reduction;</ins>
  - <ins>“(ii) the percentage of otherwise obligated nonrecurring costs with respect to which the waiver or reduction comprises;</ins>
  - <ins>“(iii) a justification for issuance of the waiver or reduction;</ins>
  - <ins>“(iv) in the case of a waiver or reduction made under paragraph (2)(A) of section 21(e)—</ins>
  - <ins>“(I) the manner in which a sale would significantly advance standardization with the foreign countries or international organization described in such section; and</ins>
  - <ins>“(II) the extent to which the sale’s significance should be considered relative to the existing capabilities of the foreign country or international organization and the manner in which the major defense equipment would enhance the capacity of the country or organization in joint operations; and</ins>
  - <ins>“(v) in the case of a waiver or reduction made under paragraph (2)(B) of section 21(e)—</ins>
  - <ins>“(I) the military needs and ability to pay of the foreign country or international organization;</ins>
  - <ins>“(II) the price and capability of other relevant options that are or likely would be considered by the foreign country or international organization for purchase in lieu of the major defense equipment described in the letter of offer; and</ins>
  - <ins>“(III) the previous buying history and existing capabilities of the foreign country or international organization.”</ins>
- (b) <ins>Report—</ins> <ins>Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended—</ins>
  - (1) <ins>in paragraph (11), by striking “and” at the end;</ins>
  - (2) <ins>in paragraph (12), by striking the period at the end and inserting “; and”; and</ins>
  - (3) <ins>by adding at the end the following:</ins>
    - <ins>“(13) with respect to requests to waive or reduce nonrecurring costs with respect to the sale of major defense equipment for $14,000,000 or more under this Act, a report on—</ins>
    - <ins>“(A) the total number of such requests that have been approved or denied during the quarter, including the total number of such requests that are currently under review and pending a decision; and</ins>
    - <ins>“(B) for each such request—</ins>
    - <ins>“(i) an identification of the foreign country or international organization requesting the waiver or reduction; and</ins>
    - <ins>“(ii) the total amount of nonrecurring costs to be waived or reduced;</ins>
    - <ins>“(iii) a description of the major defense equipment to be purchased; and</ins>
    - <ins>“(iv) the justification for the waiver or reduction; and</ins>
    - <ins>“(C) for each such request that is approved, the actual amount of nonrecurring costs that are waived or reduced that are attributable to quantities of major defense equipment sold under such request.”</ins>
- (c) <ins>Repeal of waiver authority in case of sales of major defense equipment also being procured for use by United States Armed Forces—</ins> <ins>Section 21(e)(2) of the Arms Export Control Act (22 U.S.C. 2761(e)(2)) is amended—</ins>
  - (1) <ins>in subparagraph (B)—</ins>
    - (A) <ins>in the matter preceding clause (i)—</ins>
      - (i) <ins>by striking “The President” and inserting “Except as provided subparagraphs (D) and (E), the President”; and</ins>
      - (ii) <ins>by striking “that—” and all that follows through “(i) imposition” and inserting “that imposition”;</ins>
    - (B) <ins>by striking “sale; or” and inserting “sale.”; and</ins>
    - (C) <ins>by striking clause (ii); and</ins>
  - (2) <ins>by inserting at the end the following new subparagraphs:</ins>
    - <ins>“(D) The President may not waive the charge or charges for a proportionate amount of any nonrecurring costs that would otherwise be considered appropriate under paragraph (1)(B) for a particular sale to a country or international organization for a two-year period that begins on any of the following dates:</ins>
    - <ins>“(i) The date of approval of a waiver under paragraph (1)(B) of a charge or charges that are valued at $16,000,000 or more under this Act with respect to a sale to the country or organization.</ins>
    - <ins>“(ii) The date that is the last day of any five-year period in which the country or organization receives 15 or more waivers of a charge or charges under paragraph (1)(B) with respect to sales to the country or organization.</ins>
    - <ins>“(iii) The date that is the last day of any five-year period in which the country or organization receives waivers of a charge or charges under paragraph (1)(B) that are valued at $425,000,000 or more under this Act with respect to sales to the country or organization.</ins>
    - <ins>“(E)</ins>
    - <ins>“(i) In the case of any proposed waiver of the charge or charges which would otherwise be considered appropriate under paragraph (1)(B) for a particular sale to a country or international organization of major defense equipment for $10,000,000 or more under this Act, the President shall submit to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate a notification with respect to such proposed waiver.</ins>
    - <ins>“(ii) The President may not waive such charge or charges if Congress, not later than 60 calendar days after receiving such notification, enacts a joint resolution prohibiting the proposed waiver.”</ins>
- (d) <ins>Maximum aggregate amount of charges for administrative services—</ins> <ins>Section 21(e) of the Arms Export Control Act (22 U.S.C. 2761(e)) is amended—</ins>
  - (1) <ins>in paragraph (1), by inserting “subject to paragraph (4),” before “administrative services”; and</ins>
  - (2) <ins>by adding at the end the following new paragraph:</ins>
    - <ins>“(4)</ins>
    - <ins>“(A) For each fiscal year beginning on or after the date of the enactment of the Return Expenses Paid and Yielded Act, the President shall—</ins>
    - <ins>“(i) determine a maximum aggregate amount of charges for administrative services that would be required by paragraph (1)(A) based on the ability of the Department of Defense to issue and administer letters of offer for sale of defense articles or the sale of defense services pursuant to this section or pursuant to section 22 of this Act; and</ins>
    - <ins>“(ii) submit to Congress a report that contains the determination and specifies the maximum aggregate amount of charges for administrative services.</ins>
    - <ins>“(B)</ins>
    - <ins>“(i) Except as provided in clause (ii), charges for administrative services that are required by paragraph (1)(A) may not exceed the maximum aggregate amount of charges for administrative services determined under subparagraph (A) for the fiscal year involved.</ins>
    - <ins>“(ii) The President may waive the requirement of clause (i) on a case-by-case basis if the amount of charges for administrative services that are required by paragraph (1)(A) with respect to a sale of defense articles or a sale of defense services would exceed the maximum aggregate amount of charges for administrative services determined under subparagraph (A) for the fiscal year.”</ins>
- (e) <ins>Modification of administrative expenses—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b) is amended—</ins>
    - (A) <ins>in paragraph (1), by adding “and” at the end;</ins>
    - (B) <ins>in paragraph (2), by striking “; and” and inserting a period; and</ins>
    - (C) <ins>by striking paragraph (3).</ins>
  - (2) <ins>Conforming amendment—</ins> <ins>Section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) is amended by striking “and section 43(c)”.</ins>
- (f) <ins>Biennial review and modification of user charges—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Notwithstanding any other provision of law, the Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall, not less than once every two years—</ins>
    - (A) <ins>carry out a review of user charges under the foreign military sales program and, based on the results of the review, modify the user charges as appropriate; and</ins>
    - (B) <ins>submit to the appropriate congressional committees a report that contains the results of the review carried out under subparagraph (A) and a description of any user charges that, based on the results of the review, were modified under subparagraph (A).</ins>
  - (2) <ins>Appropriate congressional committees defined—</ins> <ins>In this subsection, the term appropriate congressional committees means—</ins>
    - (A) <ins>the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and</ins>
    - (B) <ins>the Committee on Armed Services and the Committee on Foreign Relations of the Senate.</ins>

## Sec. 1283 Review and report on use and management of administrative surcharges under the foreign military sales program — added

- (a) <ins>Review—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall review options for expanding the use of administrative surcharges under the foreign military sales program, including practices for managing administrative surcharges and contract administrative services surcharges.</ins>
  - (2) <ins>Matters to be included—</ins> <ins>The review conducted under paragraph (1) shall include the following:</ins>
    - (A) <ins>A determination of which specific expenses are incurred by the United States Government in operation of the foreign military sales program that the administrative surcharge does not currently pay for.</ins>
    - (B) <ins>The estimated annual cost of each of such specific expenses.</ins>
    - (C) <ins>An assessment of the costs and benefits of funding such specific expenses through the administrative surcharge, including any data to support such an assessment.</ins>
    - (D) <ins>An assessment of how the Department of Defense could calculate an upper bound of a target range for the administrative surcharge account and the contract administration services surcharge account, including an assessment of the costs and benefits of setting such a bound.</ins>
    - (E) <ins>An assessment of how the Department of Defense calculates the lower bound, or safety level, for the administrative surcharge account and the contract administration services surcharge account, including what specific factors inform the calculation and whether such a method for calculating the safety level is still valid or should be revisited.</ins>
    - (F) <ins>An assessment of the process used by the Department of Defense to review and set rates for the administrative surcharge and the contract administration services surcharge, including the extent to which outside parties are consulted and any proposals of the Department of Defense may have for better ensuring that the fee rates are set appropriately.</ins>
    - (G) <ins>Such other matters as the Secretary of Defense determines to be appropriate.</ins>
- (b) <ins>Report—</ins> <ins>Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall submit to the congressional defense committees a report on—</ins>
  - (1) <ins>the findings of the review conducted under paragraph (1); and</ins>
  - (2) <ins>any legislative changes needed to allow the surcharge under the foreign military sales program to pay for any expenses currently not covered by administrative surcharge under the foreign military sales program.</ins>

## Sec. 1284 Performance measures to monitor foreign military sales program — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency and in consultation with the heads of other relevant components of the Department of Defense, shall enhance the ability of the Department of Defense to monitor the performance of the foreign military sales program by taking the following actions:</ins>
  - (1) <ins>Develop performance measures to monitor the timeliness of deliveries of defense articles and defense services to purchasers in accordance with the delivery schedule for each sale under the foreign military sales program.</ins>
  - (2) <ins>Identify key choke points, processes, and tasks that contribute most significantly to delays, shortcomings, and issues in the foreign military sales program.</ins>
  - (3) <ins>Review existing performance measures for the foreign military sales program to determine whether such measures need to be updated, replaced, or supplemented to ensure that all key aspects of the foreign military sales program’s efficiency and service of United States national interests are able to be monitored and informed by reliable data.</ins>
- (b) <ins>Report on performance measures—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall submit to the appropriate congressional committees a report that lists the performance measures developed and identified under subsection (a).</ins>
  - (2) <ins>Matters to be included—</ins> <ins>The report required by paragraph (1) shall—</ins>
    - (A) <ins>define the performance measures, including targets set for the performance measures;</ins>
    - (B) <ins>identify the data systems used to monitor the performance measures;</ins>
    - (C) <ins>identify any concerns related to the reliability of the data used to monitor the performance measures; and</ins>
    - (D) <ins>report the results for the performance measures for the most recent fiscal year.</ins>
  - (3) <ins>Plan—</ins> <ins>If the performance measures developed and identified under subsection (a) cannot be included in the report required by paragraph (1) for the most recent fiscal year based on reliable and accessible data, the report shall include a plan for ensuring that such data will be monitored within a defined period of time.</ins>
  - (4) <ins>Update—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>For each fiscal year after the fiscal year in which the report required by subsection (b) is submitted to the appropriate congressional committees, the Secretary of Defense shall submit to such committees an update of the report required by paragraph (1).</ins>
    - (B) <ins>Matters to be included—</ins> <ins>Each update of the report required by paragraph (1) shall also include the following:</ins>
      - (i) <ins>For any performance measures that indicate a decreased level of performance from the prior year—</ins>
        - (I) <ins>a description of the factors that led to such decreased level of performance; and</ins>
        - (II) <ins>plans to improve such level of performance.</ins>
      - (ii) <ins>For any performance measures that remain unable to be monitored due to lack of reliable and accessible data, an update on plans to improve the monitoring of data.</ins>
- (c) <ins>Briefing—</ins> <ins>Not later than 180 days after the date on which the Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, submits to the appropriate congressional committees the report required by subsection (b), the Comptroller General of the United States shall provide a briefing to such committees on the report, including an evaluation of the performance measures developed and identified under subsection (a).</ins>

## Sec. 1285 Report and briefing on administrative budgeting of foreign military sales program — added

- (a) <ins>In general—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall provide a briefing to the congressional defense committees and submit to the appropriate congressional committees a report on the methodology used by the Department of Defense to determine future-year needs for administrative surcharges under the foreign military sales program.</ins>
- (b) <ins>Matters To be included—</ins> <ins>The briefing and report required by subsection (a) shall include the following:</ins>
  - (1) <ins>A description of the methodology the Department of Defense used to develop the overall administrative budget of the foreign military sales program and the administrative budgets for each other relevant component of the Department of Defense that receives funds from the foreign military sales program.</ins>
  - (2) <ins>An assessment of the extent to which the methodology described in paragraph (1) reflects relevant best practices.</ins>
  - (3) <ins>Any other related matters the Comptroller General determines to be appropriate.</ins>

## Sec. 1286 Training program for relevant officials and staff of the Defense Security Cooperation Agency — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall establish and implement a program to provide training to relevant officials and staff of the Defense Security Cooperation Agency for purposes of carrying out this Act and the amendments made by this Act.</ins>
- (b) <ins>Report—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall submit to the appropriate congressional committees a report on the implementation of the program required by subsection (a).</ins>

## Sec. 1287 Definitions — added

- <ins>In this subtitle:</ins>
- (1) <ins>Appropriate congressional committees—</ins> <ins>Except as otherwise provided, the term “appropriate congressional committees” means—</ins>
  - (A) <ins>the congressional defense committees; and</ins>
  - (B) <ins>the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.</ins>
- (2) <ins>Foreign military sales program—</ins> <ins>The term foreign military sales program means the program authorized under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.).</ins>

## Sec. 1291 Limitation on security assistance and security cooperation — added

- (a) <ins>In general—</ins> <ins>Except as provided in subsection (b), for the period beginning on the date of the enactment of this subtitle and ending on the date described in subsection (c), the United States may not provide any security assistance or engage in any security cooperation with any of the military or security forces of Burma.</ins>
- (b) <ins>Exceptions; waiver—</ins> <ins></ins>
  - (1) <ins>Exceptions—</ins> <ins></ins>
    - (A) <ins>Certain existing authorities—</ins> <ins>Notwithstanding subsection (a), the Secretary of Defense shall retain the authority granted by section 1253 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (22 U.S.C. 2151 note). The limitation in subsection (a) of this section may not be construed to limit the authority to provide the Government of Burma with assistance necessary to make available the activities described in subsection (a) of such section 1253.</ins>
    - (B) <ins>Hospitality—</ins> <ins>Notwithstanding subsection (a), the Secretary of State and the United States Agency for International Development may provide assistance authorized under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) to provide hospitality during research, dialogues, meetings, or other activities by the parties attending the Union Peace Conference 21st Century Panglong or related processes seeking inclusive, sustainable reconciliation.</ins>
  - (2) <ins>Waiver—</ins> <ins>The Secretary of State, with respect to security assistance, and the Secretary of State in consultation with the Secretary of Defense, with respect to security cooperation programs and activities of the Department of Defense, may waive on a case-by-case basis the limitation under subsection (a) if the Secretary submits to the appropriate congressional committees, not later than 30 days before such waiver enters into effect—</ins>
    - (A) <ins>a list of the activities and participants to which such waiver would apply;</ins>
    - (B) <ins>a certification, including a justification, that the waiver is in the national security interest of the United States; and</ins>
    - (C) <ins>a certification that none of the participants included in the list described in subparagraph (A) have committed any of the acts described in subparagraph (A) or (B) of section 1282(b)(1) or committed any other gross violation of human rights, as such term is defined for purposes of section 362 of title 10, United States Code.</ins>
- (c) <ins>Certification of significant progress—</ins> <ins>The date described in this subsection is the earlier of the date that is 8 years after the date of the enactment of this subtitle or the date on which the Secretary of State certifies to the appropriate congressional committees the following:</ins>
  - (1) <ins>The military and security forces of Burma—</ins>
    - (A) <ins>have demonstrated significant progress in abiding by international human rights standards and are undertaking meaningful security sector reform, including reforms that enhance transparency and accountability, to prevent future abuses;</ins>
    - (B) <ins>adhere to international humanitarian law;</ins>
    - (C) <ins>pledge to stop future human rights abuses;</ins>
    - (D) <ins>support efforts to carry out comprehensive independent investigations of alleged abuses;</ins>
    - (E) <ins>are taking steps to hold accountable any members of such forces determined to be responsible for human rights abuses; and</ins>
    - (F) <ins>cease their attacks against ethnic minority groups and participate in the conclusion of a nationwide cease-fire agreement, political accommodation, and constitutional change, including the provision of citizenship to the Rohingya.</ins>
  - (2) <ins>The Government of Burma, including the military and security forces—</ins>
    - (A) <ins>allows full humanitarian access to communities in areas affected by conflict, including Rohingya communities in Rakhine State;</ins>
    - (B) <ins>cooperates with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to ensure the protection of displaced persons and the safe, voluntary, sustainable, and dignified return of refugees and internally displaced persons;</ins>
    - (C) <ins>defines a transparent plan that includes—</ins>
      - (i) <ins>a timeline for professionalizing the military and security forces; and</ins>
      - (ii) <ins>a process by which the military withdraws from ownership or control of private-sector business enterprises and ceases involvement in the illegal trade in natural resources and narcotics; and</ins>
    - (D) <ins>establishes civilian control over the finances and assets of its military and security forces, including that military expenditures are subject to civilian oversight.</ins>
- (d) <ins>Report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this subtitle, and annually thereafter, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report on the strategy and plans for military-to-military engagement between the United States Armed Forces and the military and security forces of Burma.</ins>
  - (2) <ins>Elements required—</ins> <ins>The report required under paragraph (1) shall include the following:</ins>
    - (A) <ins>A description and assessment of the Government of Burma's strategy for security sector reform, including any plans to withdraw the military from owning or controlling private-sector business entities and end involvement in the illegal trade in jade and other natural resources, reforms to end corruption and illicit drug trafficking, and constitutional reforms to ensure civilian control.</ins>
    - (B) <ins>A list of ongoing military activities conducted by the United States Government with the Government of Burma, and a description of the United States strategy for future military-to-military engagements between the United States and Burma's military and security forces.</ins>
    - (C) <ins>An assessment of the progress of the military and security forces of Burma towards developing a framework to implement human right reforms, including—</ins>
      - (i) <ins>cooperation with civilian authorities and independent international investigations to investigate and prosecute cases of human rights abuses;</ins>
      - (ii) <ins>steps taken to demonstrate respect for and implementation of the laws of war; and</ins>
      - (iii) <ins>a description of the elements of the military-to-military engagement between the United States and Burma that promote such implementation.</ins>
    - (D) <ins>An assessment of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including actions taken by the military of Burma to adhere to cease-fire agreements, allow for safe, voluntary, sustainable, and dignified returns of displaced persons to their homes, and withdraw forces from conflict zones.</ins>
    - (E) <ins>An assessment of the manner and extent to which the Burmese military recruits and uses children as soldiers.</ins>
    - (F) <ins>An assessment of the Burmese's military's use of violence against women, sexual violence, or other gender-based violence as a tool of terror, war, or ethnic cleansing.</ins>
- (e) <ins>Form—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The certification described in subsection (c) and the report required by subsection (d) shall be submitted in unclassified form but may include a classified annex.</ins>
  - (2) <ins>Certification—</ins> <ins>The certification described in subsection (c) shall be accompanied by a written justification in unclassified form, that may contain a classified annex, describing the Burmese military's efforts to implement reforms, end impunity for human rights abuses, and increase transparency and accountability.</ins>

## Sec. 1292 Imposition of existing and additional sanctions for the violation of human rights and the commission of human rights abuses in Burma — added

- (a) <ins>Sanctions pursuant to existing authorities—</ins> <ins>The President shall impose sanctions—</ins>
  - (1) <ins>against officials in Burma, including Commander in Chief of the Armed Forces of Myanmar Min Aung Hlaing, under the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note); and</ins>
  - (2) <ins>against military-owned enterprises, including the Myanmar Economic Corporation and Union of Myanmar Economic Holding, under the Burmese Freedom and Democracy Act (50 U.S.C. 1701 note), the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (50 U.S.C. 1701 note), and other relevant statutory authorities.</ins>
- (b) <ins>Additional sanctions—</ins> <ins>For the 8-year period beginning on the date that is 270 days after the date of the enactment of this subtitle, the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines, based on credible evidence—</ins>
  - (1) <ins>is a current or former senior official of the military or security forces of Burma who—</ins>
    - (A) <ins>knowingly perpetrated, ordered, or otherwise directed serious human rights abuses in Burma; or</ins>
    - (B) <ins>has taken significant steps to impede investigations or prosecutions of alleged serious human rights abuses, including against the Rohingya community in Rakhine State;</ins>
  - (2) <ins>is an entity owned or controlled by any person described in paragraph (1);</ins>
  - (3) <ins>is an entity, such as the Myanmar Economic Cooperation or the Myanmar Economic Holding Corporation, that is owned or controlled, directly or indirectly, by the military or security forces of Burma, including through collective or cooperative structures, from which one or more persons described in paragraph (1) derive significant revenue or financial benefit; or</ins>
  - (4) <ins>has knowingly—</ins>
    - (A) <ins>provided significant financial, material, or technological support—</ins>
      - (i) <ins>to a foreign person described in paragraph (1) in furtherance of any of the acts described in subparagraph (A) or (B) of such paragraph; or</ins>
      - (ii) <ins>to any entity owned or controlled by such person or an immediate family member of such person; or</ins>
    - (B) <ins>received significant financial, material, or technological support from a foreign person described in paragraph (1) or an entity owned or controlled by such person or an immediate family member of such person.</ins>
- (c) <ins>Sanctions described; exceptions—</ins> <ins></ins>
  - (1) <ins>Sanctions—</ins> <ins>The sanctions described in this subsection are the following:</ins>
    - (A) <ins>Asset blocking—</ins> <ins>Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the exercise of all powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets one or more of the criteria described in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.</ins>
    - (B) <ins>Ineligibility for admission—</ins> <ins>In the case of a foreign person who is an individual, such person shall be—</ins>
      - (i) <ins>inadmissible to the United States;</ins>
      - (ii) <ins>ineligible to receive a visa or other documentation to enter the United States; and</ins>
      - (iii) <ins>otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).</ins>
    - (C) <ins>Current visas revoked—</ins> <ins></ins>
      - (i) <ins>The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person who is an individual regardless of when the visa or other entry documentation is issued.</ins>
      - (ii) <ins>A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the person’s possession.</ins>
    - (D) <ins>Applicability to foreign entities and foreign governments—</ins> <ins>Subparagraphs (B) and (C) of this section shall also apply with respect to aliens who are officials of, agents or instrumentalities of, working or acting on behalf of, or otherwise associated with, a foreign entity or foreign government that is a foreign person subject to the imposition of sanctions under subsection (b), if such aliens are determined by the Secretary of State to have knowingly authorized, conspired to commit, been responsible for, engaged in, or otherwise assisted or facilitated the actions described in such subsection.</ins>
  - (2) <ins>Exception to comply with United Nations Headquarters Agreement—</ins> <ins>Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.</ins>
- (d) <ins>Penalties—</ins> <ins>Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out subsection (c) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.</ins>
- (e) <ins>Implementation—</ins> <ins>The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section and shall issue such regulations, licenses, and orders as are necessary to carry out this section.</ins>
- (f) <ins>Waiver—</ins> <ins>The President may annually waive the application of sanctions imposed on a foreign person pursuant to subsection (b) if the President—</ins>
  - (1) <ins>determines that a waiver with respect to such foreign person is in the national interest of the United States; and</ins>
  - (2) <ins>not later than the date on which such waiver will take effect, submits to the following committees notice of and justification for such waiver:</ins>
    - (A) <ins>The Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives.</ins>
    - (B) <ins>The Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate.</ins>
- (g) <ins>Exception relating to the importation of goods—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The authorities and requirements to impose sanctions authorized under this subtitle shall not include the authority or requirement to impose sanctions on the importation of goods.</ins>
  - (2) <ins>Good defined—</ins> <ins>In this subsection, the term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.</ins>
- (h) <ins>Definitions—</ins> <ins>In this section—</ins>
  - (1) <ins>Admitted; alien—</ins> <ins>The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).</ins>
  - (2) <ins>Foreign person—</ins> <ins>The term foreign person means a person that is not a United States person.</ins>
  - (3) <ins>Knowingly—</ins> <ins>The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.</ins>
  - (4) <ins>United States person—</ins> <ins>The term United States person means—</ins>
    - (A) <ins>a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or</ins>
    - (B) <ins>an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity.</ins>

## Sec. 1293 Guidance relating to the mining sector of Burma — added

- (a) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>In 2015, the nongovernmental organization Global Witness estimated that the value of total production of jade in Burma in 2014 was $31,000,000,000, almost 48 percent of the official gross domestic product of Burma. As much as 80 percent of that jade sold is smuggled out of Burma.</ins>
  - (2) <ins>Burma’s military and associated entities, including companies owned or controlled by Myanmar Economic Corporation and Myanmar Economic Holding Limited, their affiliated companies, and companies owned or controlled by current and former senior military officers or their family members, are linked to the mining sector, including the gemstone industry, and benefit financially from widespread illegal smuggling of jade and rubies from Burma.</ins>
  - (3) <ins>Illegal trafficking in precious and semiprecious stones from Burma, including the trade in high-value jade and rubies, deprives the people of Burma and the civilian government of critical revenue and instead benefits military-linked entities, non-state armed groups, and transnational organized criminal networks.</ins>
  - (4) <ins>In 2016, the Government of Burma began to take steps to reform aspects of the mining sector, but the Gemstone Law adopted in January 2019 does not adequately address corruption and tax avoidance, conflicts of interest, or the factors fueling conflict in Kachin State and other gemstone mining areas.</ins>
  - (5) <ins>The lifting in October 2016 of United States sanctions on the importation of jade and jadeite and rubies from Burma allowed such gemstones to legally enter the United States market, but some retailers have refrained from sourcing gemstones of Burmese origin due to governance and reputational concerns.</ins>
- (b) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>notwithstanding Burma’s “Trafficking in Persons” ranking, the President should continue to provide assistance to Burma, pursuant to the waiver authority under section 110(d)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(d)(4)), in order to re-engage with the Government of Burma with respect to the mining sector and should make available technical, capacity-building and other assistance through the Department of State or the United States Agency for International Development to support the Government of Burma in efforts to reform the gemstone industry; and</ins>
  - (2) <ins>companies that seek to import to the United States gemstones or minerals that may be of Burmese origin or articles of jewelry containing such gemstones should—</ins>
    - (A) <ins>obtain such materials exclusively from entities that satisfy the transparency criteria described in subsection (d)(2) or from third parties that can demonstrate that they sourced the materials from entities that meet such criteria; and</ins>
    - (B) <ins>undertake robust due diligence procedures in line with the “Due Diligence Guidance for Responsible Business Conduct” and “Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas” promulgated by the Organization for Economic Cooperation and Development.</ins>
- (c) <ins>List of participating white-list entities—</ins> <ins>Not later than 120 days after the date of the enactment of this subtitle, and annually thereafter until the date described in subsection (e), the Secretary of State shall submit to the appropriate congressional committees, and publish on a publicly available website, a list of each entity described in subsection (d)(1) that—</ins>
  - (1) <ins>participates in Burma's mining sector;</ins>
  - (2) <ins>publicly discloses beneficial ownership, as such term is defined for purposes of the Myanmar Extractive Industry Transparency Initiative (“Myanmar EITI”);</ins>
  - (3) <ins>is not owned or controlled, either directly or indirectly, by the Burmese military or security forces, any current or former senior Burmese military officer, or any person sanctioned by the United States pursuant to any relevant sanctions authority; and</ins>
  - (4) <ins>is making significant progress toward meeting the criteria described in subsection (d)(2).</ins>
- (d) <ins>Entities and criteria described—</ins> <ins></ins>
  - (1) <ins>Entities described—</ins> <ins>The entities described in this subsection are the following:</ins>
    - (A) <ins>Entities that produce or process precious and semiprecious gemstones.</ins>
    - (B) <ins>Entities that sell or export precious and semiprecious gemstones from Burma or articles of jewelry containing such gemstones.</ins>
  - (2) <ins>Criteria described—</ins> <ins>The criteria described in this subsection are the following:</ins>
    - (A) <ins>The entity publicly discloses any politically exposed persons, officers, directors or beneficial owners, as defined under the Myanmar EITI.</ins>
    - (B) <ins>The entity publicly discloses valid authorization, license, or permit to produce, process, sell, or export minerals or gemstones, as applicable.</ins>
    - (C) <ins>The entity publicly discloses payments to the Government of Burma, including tax and non-tax, license, or royalty payments, and other payments or contract terms as may be required under Myanmar EITI standards.</ins>
    - (D) <ins>The entity undertakes due diligence, in line with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, including public reporting.</ins>
- (e) <ins>Periodic updating—</ins> <ins>The Secretary shall periodically update the publicly available version of the list described in subsection (c) as appropriate.</ins>
- (f) <ins>Guidance and white-List entities—</ins> <ins>The Secretary shall issue guidance for entities in the United States private sector with respect to the best practices for supply-chain due diligence that are applicable to importation of gemstones or minerals that may be of Burmese origin or articles of jewelry containing such gemstones, including with respect to transactions with entities approved for inclusion in the list published pursuant subsection (c), in order to mitigate potential risks and legal liabilities associated with the importation of such items.</ins>
- (g) <ins>Termination—</ins> <ins>The date described in this section is the date on which the President certifies to the appropriate congressional committees that the Government of Burma has taken substantial measures to reform the mining sector in Burma, including the following:</ins>
  - (1) <ins>Require the mandatory disclosure of payments, permit and license allocations, project revenues, contracts, and beneficial ownership, including the identification any politically exposed persons who are beneficial owners, consistent with the approach agreed under the Myanmar EITI and with due regard for civil society participation.</ins>
  - (2) <ins>Separate the commercial, regulatory, and revenue collection responsibilities within the Myanmar Gems Enterprise and other key state-owned enterprises to remove existing conflicts of interest.</ins>
  - (3) <ins>Monitor and undertake enforcement actions, as warranted, to ensure that entities—</ins>
    - (A) <ins>adhere to environmental and social impact assessment and management standards in accordance with international responsible mining practices, the country's environmental conservation law, and other applicable laws and regulations; and</ins>
    - (B) <ins>uphold occupational health and safety standards and codes of conduct that are aligned with the core labor standards of the International Labour Organisation and with domestic law.</ins>
  - (4) <ins>Address the transparent and fair distribution of benefits from natural resources, including through local benefit-sharing.</ins>
  - (5) <ins>Reform the process for valuation of gemstones at the mine-site, including developing an independent valuation system to prevent undervaluation and tax evasion.</ins>
  - (6) <ins>Require companies bidding for jade and ruby mining, finishing, or export permits to be independently audited upon the request of the Government of Burma and making the results of all such audits public.</ins>
  - (7) <ins>Establish credible and transparent procedures for permit allocations that are independent from external influence, including scrutiny of applicants that prevents unscrupulous entities from gaining access to concessions or the right to trade in minerals or gemstones.</ins>
  - (8) <ins>Establish effective oversight of state-owned enterprises operating in such sector, including through parliamentary oversight or requirements for independent financial auditing.</ins>

## Sec. 1294 Report and determination on accountability for war crimes, crimes against humanity, and genocide in Burma — added

- (a) <ins>In general—</ins> <ins>Not later than 90 days after the date of the enactment of this subtitle, the Secretary of State shall submit to the appropriate congressional committees a report that—</ins>
  - (1) <ins>summarizes credible reports of serious human rights violations, including war crimes, committed against the Rohingya or other ethnic minorities in Burma between 2012 and the date of the submission of the report;</ins>
  - (2) <ins>describes any potential transitional justice mechanisms in Burma;</ins>
  - (3) <ins>provides an analysis of whether the serious human rights violations summarized pursuant to paragraph (1) amount to war crimes, crimes against humanity, or genocide; and</ins>
  - (4) <ins>includes a determination of the Secretary whether—</ins>
    - (A) <ins>the events that took place in the state of Rakhine in Burma, starting on August 25, 2017, constitute war crimes, crimes against humanity, or genocide; or</ins>
    - (B) <ins>the situation faced by the Rohingya in Rakhine State, between 2012 and the date of the submission of the report, amounts to or has amounted to the crime of apartheid.</ins>
- (b) <ins>Elements—</ins> <ins>The report required by subsection (a) shall also include each of the following:</ins>
  - (1) <ins>A description of—</ins>
    - (A) <ins>each incident for which there is credible evidence that the incident may constitute war crimes, crimes against humanity, or genocide committed by the Burmese military or security forces against the Rohingya and other ethnic minorities, including the identities of any other actors involved in such incident;</ins>
    - (B) <ins>the role of the civilian government in the commission of any such incidents;</ins>
    - (C) <ins>each incident for which there is credible evidence that the incident may constitute war crime, crimes against humanity, or genocide committed by violent extremist groups in Burma;</ins>
    - (D) <ins>each attack on health workers, health facilities, health transport, or patients and, to the extent possible, the identities of any individuals who engaged in or organized such incidents in Burma; and</ins>
    - (E) <ins>to the extent possible, a description of the conventional and unconventional weapons used for any such crimes and the sources of such weapons.</ins>
  - (2) <ins>A description and assessment, in consultation with the Administrator of the United States Agency for International Development, the Attorney General, and other heads of any other appropriate Federal departments or agencies, of the effectiveness of any programs that the United States has already undertaken to ensure accountability for war crimes, crimes against humanity, and genocide perpetrated against the Rohingya by the military and security forces of Burma, the Rakhine State government, pro-government militias, and all other armed groups operating fighting in Rakhine, including programs to—</ins>
    - (A) <ins>train civilian investigators within and outside of Burma and Bangladesh on how to document, investigate, develop findings of, identify, and locate alleged perpetrators of war crimes, crimes against humanity, or genocide in Burma;</ins>
    - (B) <ins>promote and prepare for a transitional justice process or processes for the perpetrators of war crimes, crimes against humanity, and genocide occurring in the State of Rakhine in 2017; and</ins>
    - (C) <ins>document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and genocide in Burma, including by providing support for Burmese, Bangladeshi, foreign, and international nongovernmental organizations, the United Nations Human Rights Council's investigative team, and other entities engaged in such investigative activities.</ins>
  - (3) <ins>A detailed study of the feasibility and desirability of potential transitional justice mechanisms for Burma, such as an international tribunal, a hybrid tribunal, or other international options, that includes—</ins>
    - (A) <ins>a discussion of the use of universal jurisdiction or of legal cases brought against the country of Burma by other sovereign countries at the International Court of Justice to address war crimes, crimes against humanity, and genocide perpetrated in Burma;</ins>
    - (B) <ins>recommendations on which transitional justice mechanisms the United States should support, why such mechanisms should be supported, and what type of support should be offered; and</ins>
    - (C) <ins>close consultation regarding transitional justice mechanisms with Rohingya representatives and those of other ethnic minorities who have suffered grave human rights abuses.</ins>
- (c) <ins>Protection of witnesses and evidence—</ins> <ins>The Secretary of State shall ensure that the identification of witnesses and physical evidence for purposes of the report required by subsection (a) are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of such evidence by the military or Government of Burma.</ins>
- (d) <ins>Crime of apartheid—</ins> <ins>In this section, the term “crime of apartheid” means inhumane acts that—</ins>
  - (1) <ins>are of a character similar to the acts referred to in subparagraphs (A) through (H) of section 1285(2);</ins>
  - (2) <ins>are committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group; and</ins>
  - (3) <ins>are committed with the intention of maintaining such regime.</ins>
- (e) <ins>Authorization to provide technical assistance—</ins> <ins>The Secretary of State is authorized to provide assistance to support appropriate civilian or international entities that are undertaking the efforts described in subsection (f) with respect to war crimes, crimes against humanity, and genocide perpetrated by the military and security forces of Burma, the Rakhine State government, pro-government militias, or any other armed groups fighting in Rakhine State.</ins>
- (f) <ins>Efforts against human rights abuses—</ins> <ins>The efforts described in this subsection are the following:</ins>
  - (1) <ins>Identifying suspected perpetrators of war crimes, crimes against humanity, and genocide.</ins>
  - (2) <ins>Collecting, documenting, and protecting evidence of such crimes and preserve the chain of custody for such evidence.</ins>
  - (3) <ins>Conducting criminal investigations.</ins>
  - (4) <ins>Supporting investigations conducted by other countries, as appropriate.</ins>
- (g) <ins>Authorization for transitional justice mechanisms—</ins> <ins>The Secretary of State, taking into account any relevant findings in the report required by subsection (a), is authorized to provide support for the creation and operation of transitional justice mechanisms, including a potential hybrid tribunal, to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide in Burma.</ins>

## Sec. 1295 Definitions — added

- <ins>In this subtitle:</ins>
- (1) <ins>Appropriate congressional committees—</ins> <ins>The term appropriate congressional committees means—</ins>
  - (A) <ins>the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and</ins>
  - (B) <ins>the Committee on Foreign Relations and the Committee on Armed Services of the Senate.</ins>
- (2) <ins>Crimes against humanity—</ins> <ins>The term crimes against humanity includes, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack—</ins>
  - (A) <ins>murder;</ins>
  - (B) <ins>deportation or forcible transfer of population;</ins>
  - (C) <ins>torture;</ins>
  - (D) <ins>extermination;</ins>
  - (E) <ins>enslavement;</ins>
  - (F) <ins>rape, sexual slavery, or any other form of sexual violence of comparable severity;</ins>
  - (G) <ins>persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds that are universally recognized as impermissible under international law; and</ins>
  - (H) <ins>enforced disappearance of persons.</ins>
- (3) <ins>Genocide—</ins> <ins>The term genocide means any offense described in section 1091(a) of title 18, United States Code.</ins>
- (4) <ins>Transitional justice—</ins> <ins>The term transitional justice means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes to redress legacies of atrocities and to promote long-term, sustainable peace.</ins>
- (5) <ins>War crime—</ins> <ins>The term war crime has the meaning given the term in section 2441(c) of title 18, United States Code.</ins>

## Sec. 1296 Report on intelligence community assessment relating to the killing of Washington Post columnist Jamal Khashoggi — added

- (a) <ins>In general—</ins> <ins>Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report consisting of—</ins>
  - (1) <ins>a determination and presentation of evidence with respect to the advance knowledge and role of any current or former official of the Government of Saudi Arabia or any current or former senior Saudi political figure over the directing, ordering, or tampering of evidence in the killing of Washington Post columnist Jamal Khashoggi; and</ins>
  - (2) <ins>a list of foreign persons that the Director of National Intelligence has high confidence—</ins>
    - (A) <ins>were responsible for, or complicit in, ordering, controlling, or otherwise directing an act or acts contributing to or causing the death of Jamal Khashoggi;</ins>
    - (B) <ins>knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in subparagraph (A); or</ins>
    - (C) <ins>impeded the impartial investigation of the killing of Jamal Khashoggi, including through the tampering of evidence relating to the investigation.</ins>
- (b) <ins>Form—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
  - (2) <ins>Names of foreign persons listed—</ins> <ins>The name of each foreign person listed in the report described in subsection (a)(2) shall be included in the unclassified portion of the report unless the Director of National Intelligence determines that such disclosure would undermine United States intelligence sources and methods or threaten the national security interests of the United States.</ins>
- (c) <ins>Defined—</ins> <ins>In this section:</ins>
  - (1) <ins>Appropriate congressional committees—</ins> <ins>The term appropriate congressional committees means—</ins>
    - (A) <ins>the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and</ins>
    - (B) <ins>the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.</ins>
  - (2) <ins>Knowingly—</ins> <ins>The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.</ins>

## Sec. 1296A Sanctions with respect to foreign persons that engage in activities described in section 1281(a)(2) — added

- (a) <ins>Imposition of sanctions—</ins> <ins>On and after the date that is 120 days after the date of the enactment of this Act, the sanctions described in subsection (b) shall be imposed with respect to each foreign person listed in the report described in section 1281(a)(2).</ins>
- (b) <ins>Sanctions described—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The sanctions described in this subsection are the following:</ins>
    - (A) <ins>Ineligibility for visas and admission to the United States—</ins> <ins></ins>
      - (i) <ins>Inadmissibility to the United States.</ins>
      - (ii) <ins>Ineligibility to receive a visa or other documentation to enter the United States.</ins>
      - (iii) <ins>Ineligibility to otherwise be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).</ins>
    - (B) <ins>Current visas revoked—</ins> <ins></ins>
      - (i) <ins>Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.</ins>
      - (ii) <ins>A revocation under clause (i) shall—</ins>
        - (I) <ins>take effect immediately; and</ins>
        - (II) <ins>automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.</ins>
  - (2) <ins>Exception to comply with international obligations—</ins> <ins>Sanctions under paragraph (1) shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.</ins>
  - (3) <ins>Waiver in the interest of national security—</ins> <ins>The President may waive the application of this section with respect to a foreign person who is A–1 visa eligible and who is present in or seeking admission into the United States for purposes of official business if the President determines and transmits to the appropriate congressional committees written notice and justification not later than 15 days before the granting of such waiver, that such a waiver is in the national security interests of the United States.</ins>
- (c) <ins>Suspension of sanctions—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The President may suspend in whole or in part the imposition of sanctions otherwise required under this section for periods not to exceed 180 days if the President certifies to the appropriate congressional committees that the following criteria have been met in Saudi Arabia:</ins>
    - (A) <ins>The Government of Saudi Arabia has released any individual who is a journalist, blogger, human rights defender, advocate for religious liberty, or civil society activist detained by the Government of Saudi Arabia.</ins>
    - (B) <ins>The Government of Saudi Arabia is cooperating in outstanding criminal proceedings in the United States in which a Saudi citizen or national departed from the United States while the citizen or national was awaiting trial or sentencing for a criminal offense committed in the United States.</ins>
    - (C) <ins>The Government of Saudi Arabia is refraining from the obstruction of the free expression of opinion and restriction of individuals from engaging in public criticism of the political sphere.</ins>
    - (D) <ins>The Government of Saudi Arabia has made verifiable commitments to cease the practice of harming citizens of Saudi Arabia conducting peaceful dissent, whether or not those citizens reside in Saudi Arabia, including enforced repatriation, disappearance, arrest, imprisonment, or harassment.</ins>
    - (E) <ins>The Government of Saudi Arabia has taken verifiable steps to hold accountable Saudi violators of human rights, whether or not those violations took place in Saudi Arabia.</ins>
    - (F) <ins>The Government of Saudi Arabia has taken verifiable steps to repeal any law or regulation that requires Saudi women to obtain approval from a male guardian in order to leave the country.</ins>
    - (G) <ins>The Government of Saudi Arabia—</ins>
      - (i) <ins>has made public the names of all individuals under prosecution for the murder of Jamal Khashoggi and associated crimes and the details of the charges such individuals face;</ins>
      - (ii) <ins>has made public the trial proceedings and all evidence against the accused;</ins>
      - (iii) <ins>has invited international, independent experts to monitor the trials;</ins>
      - (iv) <ins>has made public details of efforts to establish the location of Mr. Khashoggi’s remains and associated findings and returned his body to his family; and</ins>
      - (v) <ins>has made public the rationale for why ten of the individuals initially detained were later released without charge.</ins>
    - (H) <ins>The Government of Saudi Arabia has disbanded any units of its intelligence or security apparatus dedicated to the forced repatriation of dissidents in other countries.</ins>
    - (I) <ins>The Government of Saudi Arabia is cooperating with efforts to investigate the murder of Jamal Khashoggi being conducted by law enforcement authorities in the United States and Turkey, or by the United Nations.</ins>
  - (2) <ins>Report—</ins> <ins>Accompanying the certification described in paragraph (1), the President shall submit to the appropriate congressional committees a report that contains a detailed description of Saudi Arabia’s adherence to the criteria described in the certification.</ins>
- (d) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Admitted; alien—</ins> <ins>The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).</ins>
  - (2) <ins>Appropriate congressional committees—</ins> <ins>The term appropriate congressional committees means—</ins>
    - (A) <ins>the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and</ins>
    - (B) <ins>the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.</ins>
  - (3) <ins>Foreign person—</ins> <ins>The term “foreign person” has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act), except that such term does not include an entity (as such term is described in such section).</ins>
  - (4) <ins>Foreign person who is A–1 visa eligible—</ins> <ins>The term “foreign person who is A–1 visa eligible” means an alien described in section 101(a)(15)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).</ins>
  - (5) <ins>United States person—</ins> <ins>The term United States person means—</ins>
    - (A) <ins>a United States citizen or an alien lawfully admitted for permanent residence to the United States; or</ins>
    - (B) <ins>an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.</ins>

## Sec. 1296B Report on Saudi Arabia’s human rights record — added

- (a) <ins>In general—</ins> <ins>Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in accordance with section 502B(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(c)), shall submit to the appropriate congressional committees a report in writing that—</ins>
  - (1) <ins>includes the information required under paragraph (1) of such section 502B(c) with respect to Saudi Arabia;</ins>
  - (2) <ins>describes the extent to which officials of the Government of Saudi Arabia, including members of the military or security services, are responsible for or complicit in gross violations of internationally recognized human rights, including violations of the human rights of journalists, bloggers, human rights defenders, and those who support women’s rights or religious freedom;</ins>
  - (3) <ins>describes violations of human rights in Saudi Arabia by officials of the Government of Saudi Arabia, including against journalists, bloggers, human rights defenders, and civil society activists;</ins>
  - (4) <ins>describes United States actions to address Saudi violations of human rights, including against journalists, bloggers, human rights defenders, and civil society activists, including demands for clemency review of these cases;</ins>
  - (5) <ins>describes any intolerant content in educational materials published by Saudi Arabia’s Ministry of Education that are used in schools both inside Saudi Arabia and at schools throughout the world; and</ins>
  - (6) <ins>describes United States actions to encourage Saudi Arabia to retrieve and destroy materials with intolerant material and revise teacher manuals and retrain teachers to reflect changes in educational materials and promote tolerance.</ins>
- (b) <ins>Form—</ins> <ins>The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (c) <ins>Appropriate congressional committees defined—</ins> <ins>In the section, the term appropriate congressional committees means—</ins>
  - (1) <ins>the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and</ins>
  - (2) <ins>the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.</ins>

## Sec. 1297 Short Title — added

- <ins>This subtitle may be cited as the “Stop Financing of al-Shabaab Act”.</ins>

## Sec. 1297A Sense of Congress and statement of policy — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that—</ins>
  - (1) <ins>the Horn of Africa region remains integral to United States interests in Africa and the Indian Ocean region; and</ins>
  - (2) <ins>United States assistance and diplomatic support for the Government of Somalia and its Federal Member States must be predicated upon measurable progress toward defined benchmarks with respect to efforts to counter al-Shabaab, including the enforcement of measures to combat illicit trafficking that finances al-Shabaab.</ins>
- (b) <ins>Statement of policy—</ins> <ins>It is the policy of the United States to—</ins>
  - (1) <ins>combat any means by which al-Shabaab obtains funding through illicit trafficking;</ins>
  - (2) <ins>take into consideration compliance with and enforcement of the international bans on illicit trafficking which finances al-Shabaab when providing United States assistance to any country;</ins>
  - (3) <ins>notify countries receiving United States security assistance which are identified by the Secretary of State or Secretary of Defense as major components of illicit trafficking routes that finance al-Shabaab, that continued assistance may depend on the full implementation of the obligations of such country to enforce as fully as possibly all restrictions against such trafficking; and</ins>
  - (4) <ins>ensure that continued United States security assistance to Kenya, including assistance coordinated through the Kenya-United States Liaison Office, and assistance to multilateral institutions such as the African Union Mission in Somalia (AMISOM) to combat al-Shabaab recruitment, attacks, and other operations inside Kenya also includes assistance to enable the Kenya Defense Forces to end facilitation of trafficking that funds al-Shabaab encountered by the Kenya Defense Forces.</ins>

## Sec. 1297B Report — added

- (a) <ins>Report—</ins> <ins>Subject to subsection (b), not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the relevant Congressional committees a report including the contents described in subsection (b).</ins>
- (b) <ins>Contents—</ins> <ins>Each report described in subsection (a) shall include the following:</ins>
  - (1) <ins>Information on efforts made by troop contributors to AMISOM to enforce any international bans on trafficked goods.</ins>
  - (2) <ins>A recommendation, including a justification for such recommendation, with respect to making certain future United States security or other assistance to any country conditional on enforcement of such international bans on illicit trafficking that finances al-Shabaab.</ins>
  - (3) <ins>The steps the Secretary of State and the Secretary of Defense have taken to encourage ending the facilitation of trafficking that finances al-Shabaab by recipients of United States security assistance.</ins>
  - (4) <ins>A description of the engagement of employees and contractors of the Department of State with national and regional Somali authorities, including authorities in Jubaland, to encourage such Somali authorities to implement their counter-trafficking obligations.</ins>
  - (5) <ins>A description of efforts taken by the governments of countries with nationals who purchase significant amounts of trafficked goods that finance al-Shabaab and a description of the steps the Secretary of State has taken to encourage such compliance.</ins>
  - (6) <ins>An assessment of prospective efforts to reduce the production and illicit trade of trafficked goods in Somalia, including the identification of alternative livelihoods, and means of securing income. The assessment may include recommendations from the Administrator of the United States Agency for International Development.</ins>
- (c) <ins>Classified information—</ins> <ins>Each report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.</ins>
- (d) <ins>Definition—</ins> <ins>In this section, the term relevant Congressional committees means—</ins>
  - (1) <ins>the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and</ins>
  - (2) <ins>the Committee on Foreign Relations and the Committee on Armed Services of the Senate.</ins>

## Sec. 1303 Funding for cooperative biological engagement program — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amount set forth in section 1301(4) for cooperative biological engagement and the amounts authorized to be appropriated in section 301 for operation and maintenance for the Department of Defense Cooperative Threat Reduction Program, as specified in the corresponding funding table in section 4301, the amount for cooperative biological engagement is hereby increased by $20,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Advanced Innovative Technologies, line 096, is hereby reduced by $20,000,000.</ins>

## Sec. 1304 Cooperative Threat Reduction Program enhancement — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report regarding the Cooperative Threat Reduction Program (established pursuant to the Department of Defense Cooperate Threat Reduction Act (enacted as subtitle B of title XIII of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (50 U.S.C. 3701 et seq.)), including recommendations to improve the implementation of such Program.</ins>

## Sec. 1521 Afghanistan Security Forces Fund

- (a) Continuation of prior authorities and notice and reporting requirements— Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2020 shall be subject to the conditions contained in—
  - (1) subsections (b) through (f) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428); and
  - (2) section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577).
- (b) Equipment disposition—
  - (1) Acceptance of certain equipment— Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and is intended for transfer to the security forces of the Ministry of Defense and the Ministry of the Interior of the Government of Afghanistan, but is not accepted by such security forces.
  - (2) Conditions on acceptance of equipment— Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that such equipment was procured for the purpose of meeting requirements of the security forces of the Ministry of Defense and the Ministry of the Interior of the Government of Afghanistan, as agreed to by both the Government of Afghanistan and the Government of the United States, but is no longer required by such security forces or was damaged before transfer to such security forces.
  - (3) Elements of determination— In making a determination under paragraph (2) regarding equipment, the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary. An explanation of each determination, including the basis for the determination and the alternatives considered, shall be included in the relevant quarterly report required under paragraph (5).
  - (4) Treatment as Department of Defense stocks— Equipment accepted under the authority provided by paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
  - (5) Quarterly reports on equipment disposition—
    - (A) In general— Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
      - (i) This subsection.
      - (ii) Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).
      - (iii) Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).
      - (iv) Section 1532(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3613).
      - (v) Section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 938; 10 U.S.C. 2302 note).
    - (B) Elements— Each report under subparagraph (A) shall include a list of all equipment that was accepted during the period covered by such report and treated as stocks of the Department of Defense and copies of the determinations made under paragraph (2), as required by paragraph (3).
- (c) Security of Afghan women—
  - (1) In general— Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2020, it is the goal that $45,500,000, but in no event less than $10,000,000, shall be used for—
    - (A) the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and
    - (B) the recruitment, training, and contracting of female security personnel for future elections.
  - (2) Types of programs and activities— Such programs and activities may include—
    - (A) efforts to recruit and retain women into the Afghan National Defense and Security Forces, including the special operations forces;
    - (B) programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense of Afghanistan and the Office of Human Rights, Gender and Child Rights of the Ministry of Interior of Afghanistan;
    - (C) development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior of Afghanistan;
    - (D) efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;
    - (E) improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;
    - (F) support for Afghanistan National Police Family Response <del>Units; and</del><ins>Units;</ins>
    - (G) security provisions for high-profile female police and military <del>officers.</del><ins>officers; and</ins>
    - (H) <ins>programs to promote conflict prevention, management, and resolution through the meaningful participation of Afghan women in the Afghan National Defense and Security Forces by exposing Afghan women and girls to the activities of and careers available with such forces, encouraging their interest in such careers, or developing their interest and skills necessary for service in such forces; and</ins>
    - (I) <ins>enhancements to the recruitment programs of the Afghan National Defense and Security Forces through an aggressive program of advertising and market research targeted at prospective female recruits for such forces and at those who may influence prospective female recruits.</ins>
- (d) Assessment of Afghanistan progress on objectives—
  - (1) Assessment required— Not later than June 1, 2020, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing—
    - (A) the progress of the Government of the Islamic Republic of Afghanistan toward meeting shared security objectives; and
    - (B) the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided under subsection (a).
  - (2) Matters to be included— In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following:
    - (A) A consideration of the extent to which the Government of Afghanistan has a strategy for, and has taken steps toward, increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior of Afghanistan.
    - (B) A consideration of the extent to which the capability and capacity of the Afghan National Defense and Security Forces have improved as a result of Afghanistan Security Forces Fund investment, including through training, and an articulation of the metrics used to assess such improvements.
    - (C) A consideration of the extent to which the Afghan National Defense and Security Forces have been able to increase pressure on the Taliban, al-Qaeda, the Haqqani network, the Islamic State of Iraq and Syria-Khorasan, and other terrorist organizations, including by re-taking territory, defending territory, and disrupting attacks.
    - (D) A consideration of the distribution practices of the Afghan National Defense and Security Forces and whether the Government of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces charged with fighting the Taliban and other terrorist organizations.
    - (E) A consideration of the extent to which the Government of Afghanistan has designated the appropriate staff, prioritized the development of relevant processes, and provided or requested the allocation of resources necessary to support a peace and reconciliation process in Afghanistan.
    - (F) A description of the ability of the Ministry of Defense and the Ministry of Interior of Afghanistan to manage and account for previously divested equipment, including a description of any vulnerabilities or weaknesses of the internal controls of such Ministry of Defense and Ministry of Interior and any plan in place to address shortfalls.
    - (G) A description of the monitoring and evaluation systems in place to ensure assistance provided under subsection (a) is used only for the intended purposes.
    - (H) A description of any significant irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the period beginning on May 1, 2019, and ending on May 1, 2020, including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment so procured.
    - (I) A description of the sustainment and maintenance costs required during the period beginning on May 1, 2019, and ending on May 1, 2020, for major weapons platforms previously divested, and a plan for how the Afghan National Defense and Security Forces intends to maintain such platforms in the future.
    - (J) A consideration of the extent to which the Government of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States.
    - (K) A consideration of the extent to which the Government of Afghanistan has made progress in achieving security sector benchmarks as outlined by the United States-Afghan Compact (commonly known as the “Kabul Compact”).
    - (L) Such other factors as the Secretaries consider appropriate.
  - (3) Form— The assessment required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
  - (4) Withholding of assistance for insufficient progress—
    - (A) In general— If the Secretary of Defense determines, in coordination with the Secretary of State and pursuant to the assessment under paragraph (1), that the Government of Afghanistan has made insufficient progress in the areas described in paragraph (2), the Secretary of Defense shall—
      - (i) withhold $480,000,000, to be derived from amounts made available for assistance for the Afghan National Defense and Security Forces, from expenditure or obligation until the date on which the Secretary certifies to Congress that the Government of Afghanistan has made sufficient progress; and
      - (ii) notify Congress not later than 30 days before withholding such funds.
    - (B) Waiver— If the Secretary of Defense determines that withholding such assistance would impede the national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance, the Secretary may waive the withholding requirement under subparagraph (A) if the Secretary, in coordination with the Secretary of State, certifies such determination to Congress not later than 30 days before the effective date of the waiver.
- (e) <ins>Additional reporting requirements—</ins> <ins>The Secretary of Defense shall include in the materials submitted in support of the budget for fiscal year 2021 that is submitted by the President under section 1105(a) of title 31, United States Code, each of the following:</ins>
  - (1) <ins>The amount of funding provided in fiscal year 2019 through the Afghanistan Security Forces Fund to the Government of Afghanistan in the form of direct government-to-government assistance or on-budget assistance for the purposes of supporting any entity of such government, including the Afghan National Defense and Security Forces, the Afghan Ministry of Interior, or the Afghan Ministry of Defense.</ins>
  - (2) <ins>The amount of funding provided and anticipated to be provided, as of the date of the submission of the materials, in fiscal year 2020 through such Fund in such form.</ins>
  - (3) <ins>To the extent the amount described in paragraph (2) exceeds the amount described in paragraph (1), an explanation as to the reason why the such amount is greater and the specific entities and purposes that were supported by such increase.</ins>

## Sec. 1609 Demonstration of backup and complementary positioning, navigation, and timing capabilities of global positioning system — added

- <ins>Effective on June 1, 2019, section 1606 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1725) is amended—</ins>
- (1) <ins>in subsection (c)(2), by striking “the date that is 18 months after the date of the enactment of this Act” and inserting “December 31, 2020”; and</ins>
- (2) <ins>in subsection (d), by striking “18 months after the date of the enactment of this Act” and inserting “December 31, 2020”.</ins>

## Sec. 1610 Report on space debris — added

- (a) <ins>In general—</ins> <ins>Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the risks posed by man-made space debris in low-earth orbit, including—</ins>
  - (1) <ins>recommendations with respect to the remediation of such risks; and</ins>
  - (2) <ins>outlines of plans to reduce the incident of such space debris.</ins>
- (b) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the Committee on Armed Services and the Committee on Science, Space, and Technology of the House of Representatives; and</ins>
  - (2) <ins>the Committee on Armed Services and Committee on Commerce, Science, and Transportation of the Senate.</ins>

## Sec. 1610A Study on leveraging diverse commercial satellite remote sensing capabilities — added

- (a) <ins>Study—</ins> <ins>The Secretary of Defense, in consultation with the Director of National Intelligence, shall conduct a study on the status of the transition from the National Geospatial-Intelligence Agency to the National Reconnaissance Office of the leadership role in acquiring commercial satellite remote sensing data on behalf of the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).</ins>
- (b) <ins>Elements—</ins> <ins>In conducting the study under subsection (a), the Secretary shall study—</ins>
  - (1) <ins>commercial geospatial intelligence requirements for the National Geospatial-Intelligence Agency and the combatant commands;</ins>
  - (2) <ins>plans of the National Reconnaissance Office to meet the requirements specified in paragraph (1) through the acquisition of both medium- and high-resolution data from multiple commercial providers; and</ins>
  - (3) <ins>plans of the National Reconnaissance Office to further develop such programs with commercial companies to continue to support, while also expanding, adoption by the geospatial intelligence user community of the Department of Defense.</ins>
- (c) <ins>Submission—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report on the study conducted under subsection (a).</ins>

## Sec. 1614 Intelligence assessment of relationship between women and violent extremism — added

- (a) <ins>In general—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of State, and the head of any element of the intelligence community the Director determines appropriate, shall submit to the appropriate congressional committees an intelligence assessment on the relationship between women and violent extremism and terrorism, including an assessment of—</ins>
  - (1) <ins>the historical trends and current state of women’s varied roles in all aspects of violent extremism and terrorism, including as recruiters, sympathizers, perpetrators, and combatants, as well as peace-builders and preventers;</ins>
  - (2) <ins>how women’s roles in all aspects of violent extremism and terrorism are likely to change in the near- and medium-term;</ins>
  - (3) <ins>the extent to which the unequal status of women affects the ability of armed combatants and terrorist groups to enlist or conscript women as combatants and perpetrators of violence;</ins>
  - (4) <ins>how terrorist groups violate the rights of women and girls, including child, early, and forced marriage, abduction, sexual violence, and human trafficking, and the extent to which such violations contribute to the spread of conflict and terrorist activities; and</ins>
  - (5) <ins>opportunities to address the security risk posed by female extremists and leverage the roles of women in counterterrorism efforts.</ins>
- (b) <ins>Classification—</ins> <ins>The assessment required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>
- (c) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term appropriate congressional committees means—</ins>
  - (1) <ins>the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Armed Services, of the Senate; and</ins>
  - (2) <ins>the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Armed Services, of the House of Representatives.</ins>

## Sec. 1615 Funding for Defense Counterintelligence and Security Agency — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for Operation and Maintenance as specified in the corresponding funding table in section 4301, for Defense Security Service (line 320) is hereby increased by $5,206,997, for purposes of acquiring advanced cyber threat detection sensors, hunt and response mechanisms, and commercial cyber threat intelligence to ensure Defense Industrial Base networks remain protected from nation state adversaries.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for other procurement, Air Force, as specified in the corresponding funding table in section 4101, for Integrated personnel and pay system is hereby reduced by $5,206,997.</ins>

## Sec. 1616 Report on potential Defense Intelligence Polygraph Examination Military Transition Program — added

- (a) <ins>Report—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the feasibility of establishing a Defense Intelligence Polygraph Examination Military Transition Program for members of the Armed Forces transitioning to civilian employment.</ins>
- (b) <ins>Elements—</ins> <ins>The report under subsection (a) shall include the following:</ins>
  - (1) <ins>A review of the feasibility of establishing a program in the Department of Defense under which members of the Armed Forces with an active top secret security clearance that provides for access to sensitive compartmented information and a current counterintelligence scope polygraph examination can be provided an opportunity to obtain an expanded scope polygraph (ESP) if the member receives a written offer of employment, subject to suitability or security vetting, with an element of the intelligence community or a contractor of such an element.</ins>
  - (2) <ins>The cost to the Department of Defense for implementing such program and whether such cost could be shared by other departments or agencies of the Federal Government or the private sector.</ins>
  - (3) <ins>The factors the Department needs to consider in determining whether such program would be viable.</ins>
  - (4) <ins>The obstacles that exist in implementing such program.</ins>
  - (5) <ins>Whether such a program could increase workforce diversity in the intelligence community.</ins>
  - (6) <ins>Whether such a program could increase or decrease retention among members of the Armed Forces serving in defense intelligence roles.</ins>
  - (7) <ins>Whether any changes are required to be made to policies of the Department or to Federal law to implement such a program.</ins>
  - (8) <ins>Identification of the current average length of time in the intelligence community to investigate and adjudicate an initial and a periodic update top secret security clearance that provides for access to sensitive compartmented information and conduct an expanded scope polygraph.</ins>
- (c) <ins>Appropriate congressional committees defined—</ins> <ins>In this section, the term “appropriate congressional committees” means—</ins>
  - (1) <ins>the congressional defense committees; and</ins>
  - (2) <ins>the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.</ins>

## Sec. 1629 Limitation of funding for Consolidated Afloat Networks and Enterprise Services

- Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Consolidated Afloat Networks and Enterprise Services, not more than 85 percent of such funds may be obligated or expended until the Secretary of Defense, in coordination with the Chief Information Officer of the Department of Defense, certifies to the congressional defense committees that the recommendations in the Audit of Consolidated Afloat Networks and Enterprise Services Security Safeguards <del>(DODIG-2019-072) </del><ins>(DODIG–2019–072) </ins>have been implemented.

## Sec. 1631 Report on synchronization of efforts relating to cybersecurity in the Defense Industrial Base

- (a) Report— Not later than May 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on efforts, and roles and responsibilities, relating to cybersecurity in the Defense Industrial Base.
- (b) Elements— The report under subsection (a) shall include the following:
  - (1) Definitions for “Controlled Unclassified Information” (CUI) and “For Official Use Only” (FOUO), as well as policies regarding protecting information designated as such.
  - (2) A comprehensive list of Department of Defense programs to assist the Defense Industrial Base with cybersecurity compliance requirements of the Department.
  - (3) An evaluation of the resources and utilization of Department programs to assist the Defense Industrial Base in complying with cybersecurity compliance requirements referred to in paragraph (2).
  - (4) Optimal levels of resourcing required for activities, programs, and other Department efforts to assess and monitor compliance by the Defense Industrial Base with such cybersecurity compliance requirements.
  - (5) Roles and responsibilities of the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, the Chief Management Officer, the Director of the Protecting Critical Technologies Task Force, and the Secretaries of the military services relating to the following:
    - (A) Establishing and ensuring compliance with cybersecurity standards, regulations, and policies.
    - (B) Deconflicting existing cybersecurity standards, regulations, and policies.
    - (C) Coordinating with and providing assistance to the Defense Industrial Base for cybersecurity matters, particularly such relates to the issues described in paragraphs (2), (3), and (8).
  - (6) Efforts to enhance the Department’s visibility into its entire supply chain without violating privity.
  - (7) An evaluation of methodologies to tier cybersecurity requirements for the Defense Industrial Base relative to risk.
  - (8) <ins>An evaluation of the level of threat information sharing between the Department and the Defense Industrial Base.</ins>
  - (9) [was (3)(10)] Efforts to support and enhance threat information sharing between the Department and the Defense Industrial Base.
  - (10) [was (3)(11)] An evaluation of a single Sector Coordinating Council for the Defense Industrial Base.
  - (11) [was (3)(12)] An explanation of the Department’s Protecting Critical Technologies Task Force efforts, and how its work will be incorporated into existing Department efforts.
  - (12) [was (3)(13)] Any other information the Secretary of Defense determines relevant.
- (c) Definition— In this section, the term “Defense Industrial Base” includes traditional and non-traditional defense contractors and academic institutions with contractual relationships with the Department of Defense related to activities involving information or technology requiring cybersecurity compliance.

## Sec. 1633 Modification of cyber scholarship program — added

- <ins>Section 2200a(a)(1) of title 10, United States Code, is amended by striking “or advanced degree, or a certification,” and inserting “advanced degree, or certificate”.</ins>

## Sec. 1634 Report on cybersecurity training programs — added

- <ins>Not later than 240 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that accounts for all of the efforts, programs, initiatives, and investments of the Department of Defense to train elementary, secondary, and postsecondary students in fields related to cybersecurity, cyber defense, and cyber operations. The report shall—</ins>
- (1) <ins>include information on the metrics used to evaluate such efforts, programs, initiatives, and investments, and identify overlaps or redundancies across the various efforts, programs, initiatives, and investments; and</ins>
- (2) <ins>address how the Department leverages such efforts, programs, initiatives, and investments in the recruitment and retention of both the civilian and military cyberworkforces.</ins>

## Sec. 1635 National Security Presidential Memorandums relating to Department of Defense operations in cyberspace — added

- <ins>Not later than 30 days after the date of the enactment of this Act, the President shall provide the congressional defense committees with a copy of all National Security Presidential Memorandums relating to Department of Defense operations in cyberspace.</ins>

## Sec. 1636 Cybersecurity Defense Academy pilot program — added

- (a) <ins>Program required—</ins> <ins>The Secretary of Defense carry out a pilot program under which the Secretary shall seek to enter into a public-private partnership with eligible cybersecurity organizations to train and place veterans as cybersecurity personnel within the Department of Defense. The public-private partnership entered into under this subsection shall be known as the “Cybersecurity Defense Academy”.</ins>
- (b) <ins>Activities—</ins> <ins>The Cybersecurity Defense Academy shall provide educational courses in topics relating to cybersecurity, including the following:</ins>
  - (1) <ins>Cybersecurity analysis.</ins>
  - (2) <ins>Cybersecurity penetration testing.</ins>
  - (3) <ins>Cybersecurity threat hunting.</ins>
  - (4) <ins>Cybersecurity advanced exploitation.</ins>
  - (5) <ins>Linux systems administration.</ins>
  - (6) <ins>Robotics process automation analysis.</ins>
- (c) <ins>Placement of graduates—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Secretary of Defense shall establish a process under which an individual who has completed a course of study at the Cybersecurity Defense Academy may be placed in a cybersecurity-related position within the Department of Defense.</ins>
  - (2) <ins>Waiver of certification—</ins> <ins>The Secretary of Defense shall waive the certification requirements set forth in Department of Defense Directives 8570 and 8140 with respect to the initial placement of an individual described in paragraph (1) if the Secretary Determines that the training provided to the individual by the Cybersecurity Defense Academy meets or exceeds the level of training required by such directives.</ins>
- (d) <ins>Eligible cybersecurity organization defined—</ins> <ins>In this section, the term “eligible cybersecurity organizton” means an nonprofit or for-profit organization that—</ins>
  - (1) <ins>has a history of working with state and local governments;</ins>
  - (2) <ins>is accredited by the American National Standards Institute;</ins>
  - (3) <ins>has experience placing veterans in cybersecurity positions;</ins>
  - (4) <ins>does not charge fees to servicemembers or veterans for taking a cybersecurity course; and</ins>
  - (5) <ins>aligns aptitude and psychometric selection with cybersecurity career choice.</ins>
- (e) <ins>Initial report—</ins> <ins>Not later than 90 days after the date one which the 50th graduate of the Cybersecurity Defense Academy is placed in the Department of Defense, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:</ins>
  - (1) <ins>The number of individuals who graduated from the Cybersecurity Defense Academy.</ins>
  - (2) <ins>The number of such individuals who were directly placed in cybersecurity positions with employers.</ins>
  - (3) <ins>The efficiency and effectiveness (speed of entry and candidate selection) based on aptitude and psychometric tools utilized to allocate veterans to cybersecurity roles.</ins>
  - (4) <ins>The benefits or burdens of permanently establishing the Cybersecurity Defense Academy.</ins>
  - (5) <ins>Recommendations identifying any specific actions that should be carried out if the program under this section should become permanent.</ins>
  - (6) <ins>Recommendations for any changes to Department of Defense Directives 8570 and 8140.</ins>
- (f) <ins>Termination—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Except as provided in paragraph (2), the program under this section shall terminate on the date that is five years after the date of the enactment of this Act.</ins>
  - (2) <ins>Continuation—</ins> <ins>The Secretary of Defense may continue the program after the termination date applicable under paragraph (1) if the Secretary determines that continuation of the program after that date is advisable and appropriate. If the Secretary determines to continue the program after that date, the Secretary shall do the following:</ins>
    - (A) <ins>Not later than 180 days after the date on which the report is submitted under subsection (e), the Secretary shall submit to the congressional defense committees a report describing the reasons for the determination to continue the program.</ins>
    - (B) <ins>The Secretary shall—</ins>
      - (i) <ins>establish the program throughout the Department of Defense and individual service branches;</ins>
      - (ii) <ins>make recommendations to the President and all committees of Congress for making the program applicable to all departments and agencies of the Federal Government;</ins>
      - (iii) <ins>conduct contract negotiations with companies that provide services under the program to ensure that such services are provided at a cost-effective rate; and</ins>
      - (iv) <ins>ensure that cybersecurity courses accredited by the American National Standards Institute are integrated into level III of the IAT, IAM, and IASE baseline certifications described in Department of Defense Directive 8570.</ins>

## Sec. 1647 Report on military-to-military dialogue to reduce the risk of miscalculation leading to nuclear war

- Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committee, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report containing the following:
- (1) A description of—
  - (A) current military-to-military discussions of the United States with counterparts from governments of foreign countries to reduce the risk of miscalculation, unintended consequences, or accidents that could precipitate a nuclear war; and
  - (B) bilateral and multilateral agreements to which the United States is a party that address such risks.
- (2) An assessment conducted jointly by the Secretary and the Chairman of the Joint Chiefs of Staff of the policy and operational necessity, risks, benefits, and costs of establishing military-to-military discussions with Russia, <ins>Iran, </ins>China, and North Korea to address such risks.

## Sec. 1651 Consideration of budget matters at meetings of Nuclear Weapons Council — added

- <ins>Section 179 of title 10, United States Code, as amended by section 1642, is further amended—</ins>
- (1) <ins>in subsection (b), by adding at the end the following new paragraph:</ins>
  - <ins>“(4) The Director of Cost Assessment and Program Evaluation of the Department of Defense, the Director of the Office of Management and Budget of the National Nuclear Security Administration, the Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration, and the Director of the Office of Management and Budget shall attend the meetings of the Council.”</ins>
- (2) <ins>in subsection (c), by adding at the end the following new paragraph:</ins>
  - <ins>“(4) The Director of Cost Assessment and Program Evaluation of the Department of Defense, the Director of the Office of Management and Budget of the National Nuclear Security Administration, the Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration, and the Director of the Office of Management and Budget shall be members of the Standing and Safety Committee of the Council, or such successor committee.”</ins>

## Sec. 1652 Report on nuclear forces of the United States and near-peer countries — added

- (a) <ins>Report—</ins> <ins>Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the congressional defense committees a report on the nuclear forces of the United States and near-peer countries.</ins>
- (b) <ins>Elements—</ins> <ins>The report under subsection (a) shall include the following:</ins>
  - (1) <ins>An assessment of the current and planned nuclear systems of the United States, including with respect to research and development timelines, deployment timelines, and force size.</ins>
  - (2) <ins>An assessment of the current and planned nuclear systems of Russia and China, including with respect to research and development timelines, deployment timelines, and force size.</ins>
  - (3) <ins>A comparison of the current and projected nuclear systems specified in paragraphs (1) and (2) through 2040.</ins>
- (c) <ins>Form—</ins> <ins>The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.</ins>

## Sec. 1671 Modifications to required testing by missile defense agency of ground-based midcourse defense element of ballistic missile defense system — added

- <ins>Section 1689 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2631; 10 U.S.C. 2431 note) is amended—</ins>
- (1) <ins>in subsection (b)—</ins>
  - (A) <ins>in the matter preceding paragraph (1), by striking “, when possible,”; and</ins>
  - (B) <ins>in paragraph (3), by inserting “, including the use of threat-representative countermeasures” before the period;</ins>
- (2) <ins>in subsection (c), by striking paragraph (8);</ins>
- (3) <ins>by striking subsection (d);</ins>
- (4) <ins>by redesignating subsection (e) as subsection (d); and</ins>
- (5) <ins>in subsection (d), as so redesignated, by striking the last sentence.</ins>

## Sec. 1672 Independent study on impacts of missile defense development and deployment — added

- (a) <ins>Study—</ins> <ins>Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences to conduct a study on the impacts of the development and deployment of long-range missile defenses of the United States on the security of the United States as a whole.</ins>
- (b) <ins>Matters included—</ins> <ins>The study under subsection (a) shall—</ins>
  - (1) <ins>consider whether security benefits obtained by the deployment of long-range missile defenses of the United States are undermined or counterbalanced by adverse reactions of potential adversaries, including both rogue states and near-peer adversaries; and</ins>
  - (2) <ins>consider the effectiveness of the long-range missile defense efforts of the United States to deter the development of ballistic missiles, in particular by both rogue states and near-peer adversaries.</ins>
- (c) <ins>Submission—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the study under subsection (a), without change.</ins>
- (d) <ins>Form—</ins> <ins>The study shall be submitted under subsection (c) in unclassified form, but may include a classified annex.</ins>

## Sec. 1673 Report and briefing on multi-object kill vehicle — added

- <ins>Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report, and shall provide to such committees a briefing, on the potential need for a multi-object kill vehicle in future architecture of the ballistic missile defense system. Such report and briefing shall include the following:</ins>
- (1) <ins>An assessment of the technology readiness level of needed components and the operational system for the multi-object kill vehicle.</ins>
- (2) <ins>An assessment of the costs and a comprehensive development and testing schedule to deploy the multi-object kill vehicle by 2025.</ins>
- (3) <ins>An assessment of whether the multi-object kill vehicle was considered in the redesigned kill vehicle program re-baseline as a replacement for future ground-based midcourse defense system kill vehicles.</ins>
- (4) <ins>A concept of operations with respect to how a multi-object kill vehicle capability could be employed and how such capability compares to alternative ground-based midcourse defense system interceptors.</ins>

## Sec. 1681 Modification to reports on certain solid rocket motors

- Section <del>1696(b) </del><ins>1696 </ins>of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2171) is amended—
- (1) by striking “rockets or missiles” and inserting “rockets, missiles, or space launch services” each place it <del>appears; and</del><ins>appears;</ins>
- (2) in <del>paragraph (2)(C), </del><ins>subsection (a)(2)(C), </ins>by striking “rocket or missile” and inserting “rocket, missile, or space launch <del>service”.</del><ins>service”;</ins>
- (3) <ins>in subsection (b)(1)—</ins>
  - (A) <ins>by inserting after “the Secretary of Defense,” the following: “in coordination with the Administrator of the National Aeronautics and Space Administration,”;</ins>
  - (B) <ins>by inserting after “defense” the following: “and science”; and</ins>
  - (C) <ins>by inserting after “the Department of Defense” the following: “and the National Aeronautics and Space Administration”; and</ins>
- (4) <ins>in subsection (b)(2)(D), by inserting after “the Secretary” the following: “or the Administrator of the National Aeronautics and Space Administration”.</ins>

## Sec. 1683 Repeal of requirement for commission on electromagnetic pulse attacks and similar events

- (a) Findings— Congress finds the following:
  - (1) On March 26, 2019, the President released the “Executive Order on Coordinating National Resilience to Electromagnetic Pulses”.
  - (2) The Executive <del>Order </del><ins>order </ins>codifies policy, roles, and responsibilities within the executive branch in order to foster sustainable, efficient, and cost-effective approaches to improving the resilience of the United States to the effects of electromagnetic pulses.
- (b) Repeal— Section 1691 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1786) is repealed.

## Sec. 1701 Short title — added

- <ins>This title may be cited as the “Fentanyl Sanctions Act”.</ins>

## Sec. 1702 Findings — added

- <ins>Congress makes the following findings:</ins>
- (1) <ins>The Centers for Disease Control and Prevention estimate that from September 2017 through September 2018 more than 48,200 people in the United States died from an opioid overdose, with synthetic opioids (excluding methadone), contributing to a record 31,900 overdose deaths. While drug overdose death estimates from methadone, semi-synthetic opioids, and heroin have decreased in recent months, overdose deaths from synthetic opioids have continued to increase.</ins>
- (2) <ins>Congress and the President have taken a number of actions to combat the demand for illicit opioids in the United States, including enacting into law the SUPPORT for Patients and Communities Act (Public Law 115–271; 132 Stat. 3894). While new statutes and regulations have reduced the rate of opioid prescriptions in recent years, fully addressing the United States opioid crisis will involve dramatically restricting the foreign supply of illicit opioids.</ins>
- (3) <ins>The People’s Republic of China is the world’s largest producer of illicit fentanyl, fentanyl analogues, and their immediate precursors. From the People’s Republic of China, those substances are shipped primarily through express consignment carriers or international mail directly to the United States, or, alternatively, shipped directly to transnational criminal organizations in Mexico, Canada, and the Caribbean.</ins>
- (4) <ins>The United States and the People’s Republic of China, Mexico, and Canada have made important strides in combating the illicit flow of opioids through bilateral efforts of their respective law enforcement agencies.</ins>
- (5) <ins>The objective of preventing the proliferation of illicit opioids though existing multilateral and bilateral initiatives requires additional efforts to deny illicit actors the financial means to sustain their markets and distribution networks.</ins>
- (6) <ins>The implementation on May 1, 2019, of the regulations of the People's Republic of China to schedule all fentanyl analogues as controlled substances is a major step in combating global opioid trafficking and represents a major achievement in United States-China law enforcement dialogues. However, that step will effectively fulfill the commitment that President Xi Jinping of the People’s Republic of China made to President Donald Trump at the Group of Twenty meeting in December 2018 only if the Government of the People's Republic of China devotes sufficient resources to full implementation and strict enforcement of the new regulations. The effective enforcement of the new regulations should result in diminished trafficking of illicit fentanyl originating from the People's Republic of China into the United States.</ins>
- (7) <ins>While the Department of the Treasury used the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to sanction the first synthetic opioid trafficking entity in April 2018, additional economic and financial sanctions policy tools are needed to help combat the flow of synthetic opioids into the United States.</ins>

## Sec. 1703 Sense of Congress — added

- <ins>It is the sense of Congress that—</ins>
- (1) <ins>the United States should apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States and the health of the people of the United States;</ins>
- (2) <ins>it is imperative that the People's Republic of China follow through on full implementation of the new regulations, adopted May 1, 2019, to treat all fentanyl analogues as controlled substances under the laws of the People's Republic of China, including by devoting sufficient resources for implementation and strict enforcement of the new regulations; and</ins>
- (3) <ins>the effective enforcement of the new regulations should result in diminished trafficking of illicit fentanyl originating from the People’s Republic of China into the United States.</ins>

## Sec. 1704 Definitions — added

- <ins>In this title:</ins>
- (1) <ins>Alien; national; national of the United States—</ins> <ins>The terms alien, national, and national of the United States have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).</ins>
- (2) <ins>Appropriate congressional committees and leadership—</ins> <ins>The term appropriate congressional committees and leadership means—</ins>
  - (A) <ins>the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and</ins>
  - (B) <ins>the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.</ins>
- (3) <ins>Controlled substance; listed chemical—</ins> <ins>The terms controlled substance, listed chemical, narcotic drug, and opioid have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).</ins>
- (4) <ins>Entity—</ins> <ins>The term entity means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.</ins>
- (5) <ins>Foreign opioid trafficker—</ins> <ins>The term foreign opioid trafficker means any foreign person that the President determines plays a significant role in opioid trafficking.</ins>
- (6) <ins>Foreign person—</ins> <ins>The term foreign person—</ins>
  - (A) <ins>means—</ins>
    - (i) <ins>any citizen or national of a foreign country; or</ins>
    - (ii) <ins>any entity not organized under the laws of the United States or a jurisdiction within the United States; and</ins>
  - (B) <ins>does not include the government of a foreign country.</ins>
- (7) <ins>Knowingly—</ins> <ins>The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.</ins>
- (8) <ins>Opioid trafficking—</ins> <ins>The term opioid trafficking means any illicit activity—</ins>
  - (A) <ins>to produce, manufacture, distribute, sell, or knowingly finance or transport illicit synthetic opioids, controlled substances that are synthetic opioids, listed chemicals that are synthetic opioids, or active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids;</ins>
  - (B) <ins>to attempt to carry out an activity described in subparagraph (A); or</ins>
  - (C) <ins>to assist, abet, conspire, or collude with other persons to carry out such an activity.</ins>
- (9) <ins>Person—</ins> <ins>The term person means an individual or entity.</ins>
- (10) <ins>United States person—</ins> <ins>The term United States person means—</ins>
  - (A) <ins>any citizen or national of the United States;</ins>
  - (B) <ins>any alien lawfully admitted for permanent residence in the United States;</ins>
  - (C) <ins>any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or</ins>
  - (D) <ins>any person located in the United States.</ins>

## Sec. 1711 Identification of foreign opioid traffickers — added

- (a) <ins>Public report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report—</ins>
    - (A) <ins>identifying the foreign persons that the President determines are foreign opioid traffickers;</ins>
    - (B) <ins>detailing progress the President has made in implementing this subtitle; and</ins>
    - (C) <ins>providing an update on cooperative efforts with the Governments of Mexico and the People’s Republic of China with respect to combating foreign opioid traffickers.</ins>
  - (2) <ins>Identification of additional persons—</ins> <ins>If, at any time after submitting a report required by paragraph (1) and before the submission of the next such report, the President determines that a foreign person not identified in the report is a foreign opioid trafficker, the President shall submit to the appropriate congressional committees and leadership an additional report containing the information required by paragraph (1) with respect to the foreign person.</ins>
  - (3) <ins>Exclusion—</ins> <ins>The President shall not be required to include in a report under paragraph (1) or (2) any persons with respect to which the United States has imposed sanctions before the date of the report under this subtitle or any other provision of law with respect to opioid trafficking.</ins>
  - (4) <ins>Form of report—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>Each report required by paragraph (1) or (2) shall be submitted in unclassified form but may include a classified annex.</ins>
    - (B) <ins>Availability to public—</ins> <ins>The unclassified portion of a report required by paragraph (1) or (2) shall be made available to the public.</ins>
- (b) <ins>Classified report—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The President shall submit to the appropriate congressional committees and leadership, in accordance with subsection (c), a report, in classified form—</ins>
    - (A) <ins>describing in detail the status of sanctions imposed under this subtitle, including the personnel and resources directed toward the imposition of such sanctions during the preceding fiscal year;</ins>
    - (B) <ins>providing background information with respect to persons newly identified as foreign opioid traffickers and their illicit activities;</ins>
    - (C) <ins>describing actions the President intends to undertake or has undertaken to implement this subtitle; and</ins>
    - (D) <ins>providing a strategy for identifying additional foreign opioid traffickers.</ins>
  - (2) <ins>Effect on other reporting requirements—</ins> <ins>The report required by paragraph (1) is in addition to, and in no way delimits or restricts, the obligations to keep Congress fully and currently informed pursuant to the provisions of the National Security Act of 1947 (50 U.S.C. 3001 et seq.).</ins>
- (c) <ins>Submission of reports—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, and annually thereafter until the date that is 5 years after such date of enactment, the President shall submit the reports required by subsections (a) and (b) to the appropriate congressional committees and leadership.</ins>
- (d) <ins>Exclusion of certain information—</ins> <ins></ins>
  - (1) <ins>Intelligence—</ins> <ins>Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any person if the Director of National Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States.</ins>
  - (2) <ins>Law enforcement—</ins> <ins>Notwithstanding any other provision of this section, a report required by subsection (a) or (b) shall not disclose the identity of any person if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Secretary of the Treasury, the Secretary of State, and the head of any other appropriate Federal law enforcement agency, determines that such disclosure could reasonably be expected—</ins>
    - (A) <ins>to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;</ins>
    - (B) <ins>to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;</ins>
    - (C) <ins>to endanger the life or physical safety of any person; or</ins>
    - (D) <ins>to cause substantial harm to physical property.</ins>
  - (3) <ins>Notification required—</ins> <ins>If the Director of National Intelligence makes a determination under paragraph (1) or the Attorney General makes a determination under paragraph (2), the Director or the Attorney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.</ins>
  - (4) <ins>Rule of construction—</ins> <ins>Nothing in this section may be construed to authorize or compel the disclosure of information determined by the President to be law enforcement information, classified information, national security information, or other information the disclosure of which is prohibited by any other provision of law.</ins>
- (e) <ins>Provision of information required for reports—</ins> <ins>The Secretary of the Treasury, the Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence shall consult among themselves and provide to the President and the Director of the Office of National Drug Control Policy the appropriate and necessary information to enable the President to submit the reports required by subsection (a).</ins>

## Sec. 1712 Sense of Congress on international opioid control regime — added

- <ins>It is the sense of Congress that, in order to apply economic and other financial sanctions to foreign traffickers of illicit opioids to protect the national security, foreign policy, and economy of the United States—</ins>
- (1) <ins>the President should instruct the Secretary of State to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, the Group of Seven, the Group of Twenty, and trilaterally and bilaterally with partners of the United States, to combat foreign opioid trafficking, including by working to establish a multilateral sanctions regime with respect to foreign opioid trafficking; and</ins>
- (2) <ins>the Secretary of State, in consultation with the Secretary of the Treasury, should intensify efforts to maintain and strengthen the coalition of countries formed to combat foreign opioid trafficking.</ins>

## Sec. 1713 Imposition of sanctions — added

- <ins>The President shall impose five or more of the sanctions described in section 1714 with respect to each foreign person that is an entity, and four or more of such sanctions with respect to each foreign person that is an individual, that—</ins>
- (1) <ins>is identified as a foreign opioid trafficker in a report submitted under section 1711(a); or</ins>
- (2) <ins>the President determines is owned, controlled, directed by, knowingly supplying or sourcing precursors for, or acting for or on behalf of, such a foreign opioid trafficker.</ins>

## Sec. 1714 Description of sanctions — added

- (a) <ins>In general—</ins> <ins>The sanctions that may be imposed with respect to a foreign person under section 1713 are the following:</ins>
  - (1) <ins>Loans from United States financial institutions—</ins> <ins>The United States Government may prohibit any United States financial institution from making loans or providing credits to the foreign person.</ins>
  - (2) <ins>Prohibitions on financial institutions—</ins> <ins>The following prohibitions may be imposed with respect to a foreign person that is a financial institution:</ins>
    - (A) <ins>Prohibition on designation as primary dealer—</ins> <ins>Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments.</ins>
    - (B) <ins>Prohibition on service as a repository of Government funds—</ins> <ins>The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.</ins>
  - (3) <ins>Procurement ban—</ins> <ins>The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the foreign person.</ins>
  - (4) <ins>Foreign exchange—</ins> <ins>The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.</ins>
  - (5) <ins>Banking transactions—</ins> <ins>The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person.</ins>
  - (6) <ins>Property transactions—</ins> <ins>The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—</ins>
    - (A) <ins>acquiring, holding, withholding, using, transferring, withdrawing, or transporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;</ins>
    - (B) <ins>dealing in or exercising any right, power, or privilege with respect to such property; or</ins>
    - (C) <ins>conducting any transaction involving such property.</ins>
  - (7) <ins>Ban on investment in equity or debt of sanctioned person—</ins> <ins>The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign person.</ins>
  - (8) <ins>Exclusion of corporate officers—</ins> <ins>The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign person.</ins>
  - (9) <ins>Sanctions on principal executive officers—</ins> <ins>The President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.</ins>
- (b) <ins>Penalties—</ins> <ins>A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.</ins>
- (c) <ins>Exceptions—</ins> <ins></ins>
  - (1) <ins>Intelligence and law enforcement activities—</ins> <ins>Sanctions under this section shall not apply with respect to—</ins>
    - (A) <ins>any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or</ins>
    - (B) <ins>any authorized intelligence or law enforcement activities of the United States.</ins>
  - (2) <ins>Exception to comply with United Nations headquarters agreement—</ins> <ins>Sanctions under subsection (a)(8) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.</ins>
- (d) <ins>Implementation; regulatory authority—</ins> <ins></ins>
  - (1) <ins>Implementation—</ins> <ins>The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.</ins>
  - (2) <ins>Regulatory authority—</ins> <ins>The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.</ins>

## Sec. 1715 Waivers — added

- (a) <ins>Waiver for state-owned entities in countries that cooperate in multilateral anti-trafficking efforts—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The President may waive for a period of not more than 12 months the application of sanctions under this subtitle with respect to an entity that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if, not less than 15 days before the waiver is to take effect, the President certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking.</ins>
  - (2) <ins>Certification—</ins> <ins>The President may certify under paragraph (1) that a foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking if that government is—</ins>
    - (A) <ins>implementing domestic laws to schedule all fentanyl analogues as controlled substances; and</ins>
    - (B) <ins>doing two or more of the following:</ins>
      - (i) <ins>Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids.</ins>
      - (ii) <ins>Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids.</ins>
      - (iii) <ins>Increasing efforts to prosecute foreign opioid traffickers.</ins>
      - (iv) <ins>Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking.</ins>
  - (3) <ins>Subsequent renewal of waiver—</ins> <ins>The President may renew a waiver under paragraph (1) for subsequent periods of not more than 12 months each if, not less than 15 days before the renewal is to take effect, the Secretary of State certifies to the appropriate congressional committees and leadership that the government of the country to which the waiver applies has effectively implemented and is effectively enforcing the measures that formed the basis for the certification under paragraph (2).</ins>
- (b) <ins>Waivers for national security and access to prescription medications—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The President may waive the application of sanctions under this subtitle if the President determines that the application of such sanctions would—</ins>
    - (A) <ins>cause a specific articulated harm or set of harms to a specific articulated national security interest or set of interests of the United States; or</ins>
    - (B) <ins>subject to paragraph (2), harm the access of United States persons to prescription medications.</ins>
  - (2) <ins>Monitoring—</ins> <ins>The President shall establish a monitoring program to verify that a person that receives a waiver under paragraph (1)(B) is not trafficking illicit opioids.</ins>
  - (3) <ins>Notification—</ins> <ins>Not later than 15 days after making a determination under paragraph (1), the President shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.</ins>
- (c) <ins>Humanitarian waiver—</ins> <ins>The President may waive, for renewable periods of 180 days, the application of the sanctions under this subtitle if the President certifies to the appropriate congressional committees and leadership that the waiver is necessary for the provision of humanitarian assistance.</ins>

## Sec. 1716 Procedures for judicial review of classified information — added

- (a) <ins>In general—</ins> <ins>If a finding under this subtitle, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.</ins>
- (b) <ins>Rule of construction—</ins> <ins>Nothing in this section shall be construed to—</ins>
  - (1) <ins>confer or imply any right to judicial review of any finding under this subtitle, or any prohibition, condition, or penalty imposed as a result of any such finding; and</ins>
  - (2) <ins>limit or restrict any other practice, procedure, right, remedy, or safeguard that relates to the protection of classified information and is available to the United States in connection with any type of administrative hearing, litigation, or other proceeding.</ins>

## Sec. 1717 Briefings on implementation — added

- <ins>Not later than 90 days after the date of the enactment of the Fentanyl Sanctions Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the President, acting through the Secretary of State and the Director of National Intelligence, in coordination with the Secretary of the Treasury, shall provide to the appropriate congressional committees and leadership a comprehensive briefing on efforts to implement this subtitle.</ins>

## Sec. 1718 Inclusion of additional material in International Narcotics Control Strategy Report — added

- <ins>Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)) is amended by adding at the end the following:</ins>
- <ins>“(9)</ins>
- <ins>“(A) An assessment conducted by the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, of the extent to which any diplomatic efforts described in section 1712 of the Fentanyl Sanctions Act have been successful.</ins>
- <ins>“(B) Each assessment required by subparagraph (A) shall include an identification of—</ins>
- <ins>“(i) the countries the governments of which have agreed to undertake measures to apply economic or other financial sanctions to foreign traffickers of illicit opioids and a description of those measures; and</ins>
- <ins>“(ii) the countries the governments of which have not agreed to measures described in clause (i), and, with respect to those countries, other measures the Secretary of State recommends that the United States take to apply economic and other financial sanctions to foreign traffickers of illicit opioids.”</ins>

## Sec. 1721 Commission on combating synthetic opioid trafficking — added

- (a) <ins>Establishment—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>There is established a commission to develop a consensus on a strategic approach to combating the flow of synthetic opioids into the United States.</ins>
  - (2) <ins>Designation—</ins> <ins>The commission established under paragraph (1) shall be known as the “Commission on Synthetic Opioid Trafficking” (in this section referred to as the “Commission”).</ins>
- (b) <ins>Membership—</ins> <ins></ins>
  - (1) <ins>Composition—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>Subject to subparagraph (B), the Commission shall be composed of the following members:</ins>
      - (i) <ins>The Director of the Office of National Drug Control Policy.</ins>
      - (ii) <ins>The Administrator of the Drug Enforcement Administration.</ins>
      - (iii) <ins>The Secretary of Homeland Security.</ins>
      - (iv) <ins>The Secretary of Defense.</ins>
      - (v) <ins>The Secretary of the Treasury.</ins>
      - (vi) <ins>The Secretary of State.</ins>
      - (vii) <ins>The Director of National Intelligence.</ins>
      - (viii) <ins>Two members appointed by the majority leader of the Senate, one of whom shall be a Member of the Senate and one of whom shall not be.</ins>
      - (ix) <ins>Two members appointed by the minority leader of the Senate, one of whom shall be a Member of the Senate and one of whom shall not be.</ins>
      - (x) <ins>Two members appointed by the Speaker of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.</ins>
      - (xi) <ins>Two members appointed by the minority leader of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be.</ins>
    - (B) <ins></ins>
      - (i) <ins>The members of the Commission who are not Members of Congress and who are appointed under clauses (viii) through (xi) of subparagraph (A) shall be individuals who are nationally recognized for expertise, knowledge, or experience in—</ins>
        - (I) <ins>transnational criminal organizations conducting synthetic opioid trafficking;</ins>
        - (II) <ins>the production, manufacturing, distribution, sale, or transportation of synthetic opioids; or</ins>
        - (III) <ins>relations between—</ins>
          - (aa) <ins>the United States; and</ins>
          - (bb) <ins>the People’s Republic of China, Mexico, or any other country of concern with respect to trafficking in synthetic opioids.</ins>
      - (ii) <ins>An official who appoints members of the Commission may not appoint an individual as a member of the Commission if the individual possesses any personal or financial interest in the discharge of any of the duties of the Commission.</ins>
      - (iii) <ins></ins>
        - (I) <ins>All members of the Commission described in clause (i) shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information.</ins>
        - (II) <ins>For the purpose of facilitating the activities of the Commission, the Director of National Intelligence shall expedite to the fullest degree possible the processing of security clearances that are necessary for members of the Commission.</ins>
  - (2) <ins>Co-chairs—</ins> <ins></ins>
    - (A) <ins>In general—</ins> <ins>The Commission shall have 2 co-chairs, selected from among the members of the Commission, one of whom shall be a member of the majority party and one of whom shall be a member of the minority party.</ins>
    - (B) <ins>Selection—</ins> <ins>The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives.</ins>
- (c) <ins>Duties—</ins> <ins>The duties of the Commission are as follows:</ins>
  - (1) <ins>To define the core objectives and priorities of the strategic approach described in subsection (a)(1).</ins>
  - (2) <ins>To weigh the costs and benefits of various strategic options to combat the flow of synthetic opioids from the People’s Republic of China, Mexico, and other countries.</ins>
  - (3) <ins>To evaluate whether the options described in paragraph (2) are exclusive or complementary, the best means for executing such options, and how the United States should incorporate and implement such options within the strategic approach described in subsection (a)(1).</ins>
  - (4) <ins>To review and make determinations on the difficult choices present within such options, among them what norms-based regimes the United States should seek to establish to encourage the effective regulation of dangerous synthetic opioids.</ins>
  - (5) <ins>To report on efforts by actors in the People’s Republic of China to subvert United States laws and to supply illicit synthetic opioids to persons in the United States, including up-to-date estimates of the scale of illicit synthetic opioids flows from the People’s Republic of China.</ins>
  - (6) <ins>To report on the deficiencies in the regulation of pharmaceutical and chemical production of controlled substances and export controls with respect to such substances in the People’s Republic of China and other countries that allow opioid traffickers to subvert such regulations and controls to traffic illicit opioids into the United States.</ins>
  - (7) <ins>To report on the scale of contaminated or counterfeit drugs originating from the People’s Republic of China and India.</ins>
  - (8) <ins>To report on how the United States could work more effectively with provincial and local officials in the People’s Republic of China and other countries to combat the illicit production of synthetic opioids.</ins>
  - (9) <ins>In weighing the options for defending the United States against the dangers of trafficking in synthetic opioids, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government.</ins>
- (d) <ins>Functioning of Commission—</ins> <ins>The provisions of subsections (c), (d), (e), (g), (h), and (i) of section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) shall apply to the Commission to the same extent and in the same manner as such provisions apply to the commission established under that section, except that—</ins>
  - (1) <ins>subsection (c)(1) of that section shall be applied and administered by substituting “30 days” for “45 days”;</ins>
  - (2) <ins>subsection (g)(4)(A) of that section shall be applied and administered by inserting “and the Attorney General” after “Secretary of Defense”; and</ins>
  - (3) <ins>subsections (h)(2)(A) and (i)(1)(A) of that section shall be applied and administered by substituting “level V of the Executive Schedule under section 5316” for “level IV of the Executive Schedule under section 5315”.</ins>
- (e) <ins>Treatment of information furnished to Commission—</ins> <ins></ins>
  - (1) <ins>Information relating to national security—</ins> <ins></ins>
    - (A) <ins>Responsibility of Director of National Intelligence—</ins> <ins>The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this section.</ins>
    - (B) <ins>Access after termination of Commission—</ins> <ins>Notwithstanding any other provision of law, after the termination of the Commission under subsection (g), only the members and designated staff of the appropriate congressional committees and leadership, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.</ins>
  - (2) <ins>Information provided by Congress—</ins> <ins>The Commission may obtain information from any Member, committee, or office of Congress, including information related to the national security of the United States, only with the consent of the Member, committee, or office involved and only in accordance with any applicable rules and procedures of the House of Representatives or Senate (as the case may be) governing the provision of such information by Members, committees, and offices of Congress to entities in the executive branch.</ins>
- (f) <ins>Reports—</ins> <ins>The Commission shall submit to the appropriate congressional committees and leadership—</ins>
  - (1) <ins>not later than 270 days after the date of the enactment of this Act, an initial report on the activities and recommendations of the Commission under this section; and</ins>
  - (2) <ins>not later than 270 days after the submission of the initial report under paragraph (1), a final report on the activities and recommendations of the Commission under this section.</ins>
- (g) <ins>Termination—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report required by subsection (f)(2) is submitted to the appropriate congressional committees and leadership.</ins>
  - (2) <ins>Winding up of affairs—</ins> <ins>The Commission may use the 120-day period described in paragraph (1) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report required by subsection (f)(2) and disseminating the report.</ins>

## Sec. 1731 Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers — added

- (a) <ins>Program required—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The Director of National Intelligence shall, in consultation with the Director of the Office of National Drug Control Policy, carry out a program to allocate and enhance use of resources of the intelligence community, including intelligence collection and analysis, to assist the Secretary of the Treasury, the Secretary of State, and the Administrator of the Drug Enforcement Administration in efforts to identify and impose sanctions with respect to foreign opioid traffickers under subtitle A.</ins>
  - (2) <ins>Focus on illicit finance—</ins> <ins>To the extent practicable, efforts described in paragraph (1) shall—</ins>
    - (A) <ins>take into account specific illicit finance risks related to narcotics trafficking; and</ins>
    - (B) <ins>be developed in consultation with the Undersecretary of the Treasury for Terrorism and Financial Crimes, appropriate officials of the Office of Intelligence and Analysis of the Department of the Treasury, the Director of the Financial Crimes Enforcement Network, and appropriate Federal law enforcement agencies.</ins>
- (b) <ins>Quarterly reports on program—</ins> <ins>Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Director of National Intelligence, in consultation with the Director of the Office of National Drug Control Policy, shall submit to the appropriate congressional committees and leadership a report on the status and accomplishments of the program required by subsection (a) during the 90-day period ending on the date of the report. The first report under this paragraph shall also include a description of the amount of funds devoted by the intelligence community to the efforts described in subsection (a) during each of fiscal years 2017 and 2018.</ins>
- (c) <ins>Intelligence community defined—</ins> <ins>In this section, the term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).</ins>

## Sec. 1732 Department of Defense operations and activities — added

- (a) <ins>In general—</ins> <ins>The Secretary of Defense is authorized to carry out the operations and activities described in subsection (b) for each of fiscal years 2020 through 2025.</ins>
- (b) <ins>Operations and activities—</ins> <ins>The operations and activities described in this subsection are the operations and activities of the Department of Defense in support of any other department or agency of the United States Government solely for purposes of carrying out this title.</ins>
- (c) <ins>Supplement not supplant—</ins> <ins>Amounts made available to carry out the operations and activities described in subsection (b) shall supplement and not supplant other amounts available to carry out the operations and activities described in subsection (b).</ins>
- (d) <ins>Notification requirement—</ins> <ins>Amounts made available to carry out the operations and activities described in subsection (b) may not be obligated until 15 days after the date on which the President notifies the appropriate committees of Congress of the President's intention to obligate such funds.</ins>
- (e) <ins>Concurrence of Secretary of State—</ins> <ins>Operations and activities described in subsection (b) carried out with foreign persons shall be conducted with the concurrence of the Secretary of State.</ins>

## Sec. 1733 Termination — added

- <ins>The provisions of this title, and any sanctions imposed pursuant to this title, shall terminate on the date that is 7 years after the date of the enactment of this Act.</ins>

## Sec. 1734 Exception relating to importation of goods — added

- (a) <ins>In general—</ins> <ins>The authorities and requirements to impose sanctions under this title shall not include the authority or a requirement to impose sanctions on the importation of goods.</ins>
- (b) <ins>Good defined—</ins> <ins>In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.</ins>

## Sec. 1735 Appropriate committees of Congress defined — added

- <ins>In this subtitle, the term appropriate committees of Congress means—</ins>
- (1) <ins>the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and</ins>
- (2) <ins>the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.</ins>

## Sec. 1736 Funding — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D—</ins>
  - (1) <ins>the amount authorized to be appropriated in section 301 for Operation and Maintenance, Defense-Wide, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense, is hereby increased by $5,000,000 for purposes of carrying out subtitle B (relating to the Commission on Synthetic Opiod Trafficking); and</ins>
  - (2) <ins>the amount authorized to be appropriated for Counter-Drug Activities, Defense-Wide, for Counter-Narcotics Support, as specified in the corresponding funding table in section 4501, is hereby increased by $25,000,000 for purposes of carrying out section 1732 (relating to Department of Defense operations and activities).</ins>
- (b) <ins>Offsets—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D—</ins>
  - (1) <ins>the amount authorized to be appropriated in section 301 for Operations and Maintenance, Defense-Wide, as specified in the corresponding funding table in section 4301, for the Defense Security Cooperation Agency, line 310, is hereby reduced by $14,000,000 for unjustified growth; and</ins>
  - (2) <ins>the amount authorized to be appropriated in section 101 for Procurement of Wheeled and Tracked Combat Vehicles, Army, as specified in the corresponding funding table in section 4101, for Bradley Program (Mod), is hereby reduced by $16,000,000.</ins>

## Sec. 2306 Modification of authority to carry out certain fiscal year 2016 project

- The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1152) is amended in the item relating to Nellis Air Force Base, Nevada, by striking “$68,950,000” and inserting “$72,050,000” for construction of <del>F-35A </del><ins>F–35A </ins>Munitions Maintenance Facilities, as specified in the funding table in section 4601 of such Act (129 Stat. 1293).

## Sec. 2607 Review and report on construction of new, or maintenance of existing, direct fuel pipeline connections at Air National Guard and Air Force Reserve installations — added

- (a) <ins>Review required—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in conjunction with the Defense Logistics Agency, shall complete a review considering—</ins>
  - (1) <ins>the need for, and benefits of, the construction of new, or maintenance of existing, direct fuel pipeline connections at Air National Guard and Air Force Reserve installations; and</ins>
  - (2) <ins>the barriers, including funding needs and any inconsistent guidance and consideration of such projects by the Air Force, that may impede such projects.</ins>
- (b) <ins>Elements of review—</ins> <ins>The review required by subsection (a) shall include the following:</ins>
  - (1) <ins>An analysis of the extent that the Air Force and Defense Logistics Agency have identified direct fuel pipeline projects as an effective and efficient way to enhance the ability of regular component, Air National Guard, and Air Force Reserve installations, to improve the readiness of affected units and help them to meet their mission requirements, including an assessment of how the Air National Guard and Air Force Reserve facilities, across all States and territories, can leverage such connections to better support current and emerging air refueling requirements.</ins>
  - (2) <ins>An assessment of how direct fuel pipeline connections enhance the resiliency and efficiency of the installations and help meet existing Defense Logistics Agency requirements for secondary storage and other fuel requirements.</ins>
  - (3) <ins>A list of Air National Guard and Air Force Reserve installations that currently do not have a direct connection pipeline but have access to such a pipeline within reasonable proximity (less than five miles) to the facility.</ins>
  - (4) <ins>An overview and summary of the current process for considering such proposals, including the factors used to consider requests, including the weight provided to each factor and including a list of Air National Guard and Air Force Reserve installations that have sought funding for projects to create direct access to a national fuel pipeline or to maintain access to such pipelines over the last five years.</ins>
  - (5) <ins>A list of the total instances in the past five years in which projects for direct fuel pipeline connections have been approved for regular component, Air National Guard, or Air Force Reserve installations, including the costs of each project and the justification for such approval.</ins>
  - (6) <ins>A list of Air National Guard and Air Force Reserve installations with current pipeline connections that the Air Force or Defense Logistics Agency has determined should no longer be used, including—</ins>
    - (A) <ins>an analysis of the justifications for each such determination, such as decisions to switch from pipelines to using trucks as the primary fuel delivery method;</ins>
    - (B) <ins>an assessment of whether these determinations fairly weigh the costs and benefits of building or maintaining a pipeline tap as a practical primary or secondary fuel delivery method for the installation compared to railroad, barge terminal, or truck delivery; and</ins>
    - (C) <ins>an assessment of whether these determinations fairly consider or weigh how direct fuel pipeline connections increase security for the fuel supply by reducing the threat of interruption, enhance mission reliability by providing access to greater fuel storage capability, and the ability of such projects once completed to better support the domestic and global operations of the Air National Guard or Air Force Reserve installation.</ins>
  - (7) <ins>An assessment of how costs associated with each direct fuel pipeline connection project is considered by the Air Force or Defense Logistics Agency and the weight given to such costs in the final analysis.</ins>
  - (8) <ins>An assessment of the effectiveness or usefulness of guidance or technical assistance provided to installations requesting or proposing direct fuel pipeline connection projects and recommend ways to provide additional assistance to ensure the Air Force and Defense Logistics Agency receive the most up to date information about the costs and benefits of proposed projects from installations.</ins>
  - (9) <ins>An assessment of the available funding sources though the Air Force, Defense Logistics Agency, other Department of Defense entities, or other mechanisms, such as a public-private partnership or enhanced use lease, that can support direct fuel pipeline connection projects either in whole or in part.</ins>
  - (10) <ins>An assessment of the extent to which direct fuel pipeline connection projects have been incorporated in any comprehensive plan the Air Force has developed or will develop regarding investments needed to improve Air National Guard, Air Force Reserve, and regular component installations to meet the Department's needs.</ins>
- (c) <ins>Final report—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary of the Air Force shall provide a final report to the Committees on Armed Services of the Senate and the House of Representatives containing the results of the review required by subsection (a) and recommendations from the review on how the Air Force can better expedite and support the use of fuel pipelines at Air National Guard and Air Force Reserve installations. Such recommendations shall include options for accelerating the development and consideration of such projects where most feasible and appropriate, including whether costs savings could be obtained by including such projects as part of other related projects already authorized at an installation.</ins>

## Sec. 2804 Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes

- Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection:
- “(f)
- “(1) If a proposed military construction project has the potential to significantly affect tribal lands, sacred sites, or tribal treaty rights, the Secretary concerned shall initiate consultation with the tribal government of each impacted Indian tribe—
- “(A) to determine the nature, extent, and estimated costs of the adverse impacts;
- “(B) to determine whether the adverse impacts can be avoided or mitigated in the design and implementation of the project; and
- “(C) if the adverse impacts cannot be avoided, to develop feasible measures to mitigate the impacts and estimate the cost of the mitigation measures.
- “(2) As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by paragraph (1), the Secretary concerned shall include a description of the current status of the consultation conducted under such paragraph and specifically address each of the items specified in subparagraphs (A), (B), and (C) of such paragraph.
- “(3) In this subsection:
- “(A) The term “Indian tribe” has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
- “(B) The term “tribal government” means the recognized governing body of an Indian tribe.
- “(C) The term “sacred site” has the meaning given that term in Executive Order <ins>No. </ins>13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.”

## Sec. 2805 Amendment of Unified Facilities Criteria to promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience

- (a) Amendment required— Not later than September 1, 2020, the Secretary of Defense shall amend the Unified Facility Criteria related to military construction planning and design to ensure that building practices and standards promote military installation resilience, energy resilience, energy and climate resiliency, and cyber <ins>resilience. To prepare the amendments required by this subsection, the Secretary of Defense shall take into account historical data, current conditions, and sea level rise projections. The Secretary may consult with the heads of other Federal departments and agencies with expertise regarding military installation resilience, energy resilience, energy and climate resiliency, and cyber </ins>resilience.
- (b) Conditional availability of funds pending initiation of amendment process— Not more than 25 percent of the funds authorized to be appropriated for fiscal year 2020 for Department of Defense planning and design accounts related to military construction projects may be obligated until the date on which the Secretary of Defense submits to the Committees on Armed Services of the House of Representatives and the Senate a certification that the Secretary has initiated the process to amend the Unified Facility Criteria to comply with the requirements of subsection (a) and intends to complete the amendment process by the date specified in such subsection.
- (c) Implementation of Unified Facilities Criteria amendment—
  - (1) Implementation— Any Department of Defense Form 1391 submitted to Congress after the date specified in subsection (a) must be in compliance with the Unified Facility Criteria, amended as required by subsection (a).
  - (2) Certification— Not later than March 1, 2021, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate that the amendment required by subsection (a) and the amendment required by section 2805(c) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2864 note) have been completed and fully incorporated into military construction planning and design.
- (d) Annual review— Beginning with fiscal year 2022, and annually thereafter, the Secretary of Defense shall conduct a review comparing the Unified Facility Criteria and industry best practices to ensure that military construction building practices and standards related to military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience remain current.
- (e) Definitions— In this section:
  - (1) The terms “energy resilience” and “military installation resilience” have the meanings given those terms in section 101(e) of title 10, United States Code.
  - (2) The term energy and climate resiliency has the meaning given that term in section 2864 of title 10, United States Code.

## Sec. 2807 Improved flood risk disclosure for military construction — added

- (a) <ins>When disclosure required—</ins> <ins>Section 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—</ins>
  - (1) <ins>in subparagraph (A), by inserting after “hazard data” the following: “, or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and</ins>
  - (2) <ins>in subparagraph (B), by inserting after “floodplain” the following: “or will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”.</ins>
- (b) <ins>Reporting requirements—</ins> <ins>Section 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—</ins>
  - (1) <ins>in the matter preceding the subparagraphs, by inserting after “floodplain” the following: “or are to be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and</ins>
  - (2) <ins>by adding at the end the following new subparagraph:</ins>
    - <ins>“(D) A description of how the proposed project has taken into account projected current and future mean sea level fluctuations over the lifetime of the project.”</ins>
- (c) <ins>Mitigation plan assumptions—</ins> <ins>Section 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended—</ins>
  - (1) <ins>in the matter preceding the subparagraphs—</ins>
    - (A) <ins>by inserting after “floodplain” the following: “or that will be impacted by projected current and future mean sea level fluctuations over the lifetime of the project”; and</ins>
    - (B) <ins>by striking “an additional”;</ins>
  - (2) <ins>in subparagraph (A)—</ins>
    - (A) <ins>by inserting “an additional” before “2 feet”; and</ins>
    - (B) <ins>by striking “and” at the end of the subparagraph;</ins>
  - (3) <ins>in subparagraph (B)—</ins>
    - (A) <ins>by inserting “an additional” before “3 feet”; and</ins>
    - (B) <ins>by striking the period at the end of the subparagraph and inserting “; and”; and</ins>
  - (4) <ins>by adding at the end the following new subparagraph:</ins>
    - <ins>“(C) any additional flooding that will result from projected current and future mean sea level fluctuations over the lifetime of the project.”</ins>

## Sec. 2808 Technical corrections and improvements to defense access road resilience — added

- <ins>Section 210 of title 23, United States Code, is amended—</ins>
- (1) <ins>in subsection (a), by striking “(a)(1) The Secretary” and all that follows through the end of paragraph (1) and inserting the following:</ins>
  - <ins>“(a) Authorization</ins>
  - <ins>“(1) In general—When defense access roads are certified to the Secretary as important to the national defense by the Secretary of Defense or such other official as the President may designate, the Secretary is authorized, out of the funds appropriated for defense access roads, to provide for—</ins>
  - <ins>“(A) the construction and maintenance of defense access roads (including bridges, tubes, tunnels, and culverts or other hydraulic appurtenances on those roads) to—</ins>
  - <ins>“(i) military reservations;</ins>
  - <ins>“(ii) defense industry sites;</ins>
  - <ins>“(iii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or</ins>
  - <ins>“(iv) sources of raw materials;</ins>
  - <ins>“(B) the reconstruction or enhancement of, or improvements to, those roads to ensure the continued effective use of the roads, regardless of current or projected increases in mean tides, recurrent flooding, or other weather-related conditions or natural disasters; and</ins>
  - <ins>“(C) replacing existing highways and highway connections that are shut off from general public use by necessary closures, closures due to mean sea level fluctuation and flooding, or restrictions at—</ins>
  - <ins>“(i) military reservations;</ins>
  - <ins>“(ii) air or sea ports that are necessary for or are planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies; or</ins>
  - <ins>“(iii) defense industry sites.”</ins>
- (2) <ins>in subsection (b), by striking “the construction and maintenance of” and inserting “construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, or enhancements to,”;</ins>
- (3) <ins>in subsection (c)—</ins>
  - (A) <ins>by striking “him” and inserting “the Secretary”;</ins>
  - (B) <ins>by striking “construction, maintenance, and repair work” and inserting “activities for construction, maintenance, reconstruction, enhancement, improvement, and repair”;</ins>
  - (C) <ins>by striking “therein” and inserting “in those areas”; and</ins>
  - (D) <ins>by striking “condition for such training purposes and for repairing the damage caused to such highways by the operations of men and equipment in such training.” and inserting the following:</ins>
    - <ins>“(1) that training; and</ins>
    - <ins>“(2) repairing the damage to those highways caused by—</ins>
    - <ins>“(A) weather-related events, increases in mean high tide levels, recurrent flooding, or natural disasters; or</ins>
    - <ins>“(B) the operations of men and equipment in such training.”</ins>
- (4) <ins>in subsection (g)—</ins>
  - (A) <ins>by striking “he” and inserting “the Secretary”;</ins>
  - (B) <ins>by striking “construction which has been” and inserting “construction and other activities”; and</ins>
  - (C) <ins>by striking “upon his demand” and inserting “upon demand by the Secretary”; and</ins>
- (5) <ins>by striking subsection (i) and inserting the following:</ins>
  - <ins>“(i) Repair of certain damages and infrastructure—The funds appropriated to carry out this section may be used to pay the cost of repairing damage caused, or any infrastructure to mitigate a risk posed, to a defense access road by recurrent or projected recurrent flooding, sea level fluctuation, a natural disaster, or any other current or projected change in applicable environmental conditions, if the Secretary determines that continued access to a military installation, defense industry site, air or sea port necessary for or planned to be used for the deployment or sustainment of members of the Armed Forces, equipment, or supplies, or to a source of raw materials, has been or is projected to be impacted by those events or conditions.”</ins>

## Sec. 2814 Modification to requirements for window fall prevention devices in military family housing units

- (a) Fall prevention device requirements— Section 2879(a) of title 10, United States Code, is amended—
  - (1) in paragraph (1), by striking “that protect against unintentional window falls by young children and that are in compliance with applicable International Building Code (IBC) standards” and inserting “described in paragraph (3)”;
  - (2) in paragraph (2)—
    - (A) in subparagraph (A), by striking “December 11, 2017” and inserting “October 1, 2019”; and
    - (B) in subparagraph (B), by striking “September 1, 2018” and inserting “October 1, 2019”; and
  - (3) by adding at the end the following new paragraph:
    - “(3) Fall prevention device described—A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard <del>F2090-13 </del><ins>F2090–13 </ins>(or any successor standard).”
- (b) Modification to window description— Section 2879(c) of title 10, United States Code, is amended by striking “24” and inserting “42”.
- (c) Conforming amendment— Section 2879(b)(1) of title 10, United States Code, is amended by striking “paragraph (1)” and inserting “paragraph (3)”.

## Sec. 2815 Assessment of hazards in Department of Defense housing

- (a) Hazard assessment tool—
  - (1) Development required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop an assessment tool, such as a rating system or similar mechanism, to identify and measure health and safety hazards in housing under the jurisdiction of the Department of Defense (including privatized housing).
  - (2) Components— The assessment tool shall provide for the identification and measurement of the following hazards:
    - (A) Physiological hazards, including dampness and mold growth, lead-based paint, asbestos and manmade fibers, radiation, biocides, <ins>carbon monoxide, </ins>and volatile organic compounds.
    - (B) Psychological hazards, including ease of access by unlawful intruders, and lighting issues.
    - (C) Infection hazards.
    - (D) Safety hazards.
  - (3) Public forums— In developing the assessment tool, the Secretary of Defense shall provide for multiple public forums at which the Secretary may receive input with respect to such assessment tool from occupants of housing under the jurisdiction of the Department of Defense (including privatized housing).
  - (4) Report— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the assessment tool.
- (b) Hazard assessments—
  - (1) Assessments required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, using the assessment tool developed under subsection (a)(1), shall complete a hazard assessment for each housing facility under the jurisdiction of the Department of Defense (including privatized housing).
  - (2) Tenant information— As soon as practicable after the completion of the hazard assessment conducted for a housing facility under paragraph (1), the Secretary of Defense shall provide to each individual who leases or is assigned to a housing unit in the facility a summary of the results of the assessment.

## Sec. 2821 Installation of carbon monoxide detectors in military family housing — added

- <ins>Section 2821 of title 10, United States Code, is amended by adding at the end the following new subsection:</ins>
- <ins>“(e) The Secretary concerned shall provide for the installation and maintenance of an appropriate number of carbon monoxide detectors in each unit of military family housing under the jurisdiction of the Secretary.”</ins>

## Sec. 2822 Lead-based paint testing and reporting — added

- (a) <ins>Establishment of department of defense policy on lead testing on military installations—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Not later than February 1, 2020, the Secretary of Defense shall establish a policy under which—</ins>
    - (A) <ins>a qualified individual may access a military installation for the purpose of conducting lead testing on the installation, subject to the approval of the Secretary; and</ins>
    - (B) <ins>the results of any lead testing conducted on a military installation shall be transmitted—</ins>
      - (i) <ins>in the case of a military installation located inside the United States, to—</ins>
        - (I) <ins>the civil engineer of the installation;</ins>
        - (II) <ins>the housing management office of the installation;</ins>
        - (III) <ins>the public health organization on the installation;</ins>
        - (IV) <ins>the major subordinate command of the Armed Force with jurisdiction over the installation; and</ins>
        - (V) <ins>if required by law, any relevant Federal, State, and local agencies; and</ins>
      - (ii) <ins>in the case of a military installation located outside the United States, to the civil engineer or commander of the installation who shall transmit those results to the major subordinate command of the Armed Force with jurisdiction over the installation.</ins>
  - (2) <ins>Definitions—</ins> <ins>In this subsection:</ins>
    - (A) <ins>United states—</ins> <ins>The term “United States” has the meaning given such term in section 101(a)(1) of title 10, United States Code.</ins>
    - (B) <ins>Qualified individual—</ins> <ins>The term “qualified individual” means an individual who is certified by the Environmental Protection Agency or by a State as—</ins>
      - (i) <ins>a lead-based paint inspector; or</ins>
      - (ii) <ins>a lead-based paint risk assessor.</ins>
- (b) <ins>Annual reporting on lead-based paint in military housing—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:</ins>
    - <ins>“2869a. Annual reporting on lead-based paint in military housing</ins>
    - <ins>“(a) Annual reports</ins>
    - <ins>“(1) In general—Not later than February 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report that sets forth, with respect to military housing under the jurisdiction of each Secretary of a military department for the calendar year preceding the year in which the report is submitted, the following:</ins>
    - <ins>“(A) A certification that indicates whether the military housing under the jurisdiction of the Secretary concerned is in compliance with the requirements respecting lead-based paint, lead-based paint activities, and lead-based paint hazards described in section 408 of the Toxic Substances Control Act (15 U.S.C. 2688).</ins>
    - <ins>“(B) A detailed summary of the data, disaggregated by military department, used in making the certification under subparagraph (A).</ins>
    - <ins>“(C) The total number of military housing units under the jurisdiction of the Secretary concerned that were inspected for lead-based paint in accordance with the requirements described in subparagraph (A).</ins>
    - <ins>“(D) The total number of military housing units under the jurisdiction of the Secretary concerned that were not inspected for lead-based paint.</ins>
    - <ins>“(E) The total number of military housing units that were found to contain lead-based paint in the course of the inspections described in subparagraph (C).</ins>
    - <ins>“(F) A description of any abatement efforts with respect to lead-based paint conducted regarding the military housing units described in subparagraph (E).</ins>
    - <ins>“(2) Publication—The Secretary of Defense shall publish each report submitted under paragraph (1) on a publicly available website of the Department of Defense.</ins>
    - <ins>“(b) Military housing defined—In this section, the term “military housing” includes military family housing and military unaccompanied housing (as such term is defined in section 2871 of this title).”</ins>
  - (2) <ins>Clerical amendment—</ins> <ins>The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:</ins>

## Sec. 2823 Pilot program to build and monitor use of single family homes — added

- (a) <ins>In General—</ins> <ins>The Secretary of the Army shall carry out a pilot program to build and monitor the use of not fewer than 5 single family homes for members of the Army and their families.</ins>
- (b) <ins>Location—</ins> <ins>The Secretary of the Army shall carry out the pilot program at no less than two installations of the Army located in different climate regions of the United States as determined by the Secretary.</ins>
- (c) <ins>Design—</ins> <ins>In building homes under the pilot program, the Secretary of the Army shall use the All-American Abode design from the suburban single-family division design by the United States Military Academy.</ins>
- (d) <ins>Funding increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2103 for Army military construction, as specified in the corresponding funding table in section 4601, for Military Construction, FH Con Army Family Housing P&D, is hereby increased by $5,000,000, with the amount of such increase to be made available to carry out the pilot program.</ins>
- (e) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Air Force, Line 088, Program Element 0604933F, ICBM FUZE MODERNIZATION, is hereby reduced by $5,000,000.</ins>

## Sec. 2824 Investigation of reports of reprisals relating to privatized military housing and treatment as material breach — added

- <ins>Section 2885 of title 10, United States Code, is amended by inserting after subsection (g), as added by section 2819, the following new subsection:</ins>
- <ins>“(h) Investigation of reports of reprisals; treatment as material breach</ins>
- <ins>“(1) The Assistant Secretary of Defense for Sustainment shall investigate all reports of reprisal against a member of the armed forces for reporting an issue relating to a housing unit under this subchapter.</ins>
- <ins>“(2) If the Assistant Secretary of Defense for Sustainment determines under paragraph (1) that a landlord has retaliated against a member of the armed forces for reporting an issue relating to a housing unit under this subchapter, the Assistant Secretary shall—</ins>
- <ins>“(A) provide initial notice to the Committees on Armed Services of the Senate and the House of Representatives as soon as practicable; and</ins>
- <ins>“(B) following the initial notice under subparagraph (A), provide an update to such committees every 30 days thereafter until such time as the Assistant Secretary has taken final action with respect to the retaliation.</ins>
- <ins>“(3) The Assistant Secretary of Defense for Sustainment shall carry out this subsection in coordination with the Secretary of the military department concerned.”</ins>

## Sec. 2831 Improved energy security for main operating bases in Europe

- (a) Prohibition on use of certain energy source— The Secretary of Defense shall ensure that each contract for the acquisition of furnished energy for a covered military installation in Europe does not use <del>natural gas </del><ins>any energy </ins>sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation.
- (b) Waiver for national security interests—
  - (1) Waiver authority; certification— The Secretary of Defense may waive application of subsection (a) to a specific contract for the acquisition of furnished energy for a covered military installation if the Secretary certifies to the congressional defense committees that—
    - (A) the waiver of such subsection is necessary to ensure an adequate supply of furnished energy for the covered military installation; and
    - (B) the Secretary has balanced these national security requirements against the potential risk associated with reliance upon the Russian Federation for furnished energy.
  - (2) Submission of waiver notice— Not later than 14 days before the execution of any energy contract for which a waiver is granted under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees notice of the waiver. The waiver notice shall include the following:
    - (A) The rationale for the waiver, including the basis for the certifications required by subparagraphs (A) and (B) of paragraph (1).
    - (B) An assessment of how the waiver may impact the European energy resiliency strategy.
    - (C) An explanation of the measures the Department of Defense is taking to mitigate the risk of using Russian Federation furnished energy.
- (c) Definitions— In this section:
  - (1) The term “covered military installation” means a military installation in Europe identified by the Department of Defense as a main operating base.
  - (2) The term “furnished energy” means energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity.
- (d) <ins>Conforming repeal—</ins> <ins>Section 2811 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2266) is repealed.</ins>

## Sec. 2833 Report on encroachment challenges on military installations posed by non-military aircraft — added

- (a) <ins>Report required—</ins> <ins>Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment shall submit to the congressional defense committees a report describing—</ins>
  - (1) <ins>the encroachment challenges and security risks posed by non-military aircraft overflying military installations inside the United States, to include operational impacts, installation and personnel security, and intelligence concerns, and</ins>
  - (2) <ins>practicable strategies and recommendations for mitigation of any such challenges and risks, to include—</ins>
    - (A) <ins>increased military regulatory authority; and</ins>
    - (B) <ins>distinctions, if any, among government/first responder, commercial, civil and recreational aviation.</ins>
- (b) <ins>Exclusion of drone aircraft—</ins> <ins>In this section, the term “aircraft” does not include unmanned aerial vehicles known as drones, whether used for military or non-military purposes, except that the Assistant Secretary of Defense for Sustainment may make reference in the report required by subsection (a) to the use of such unmanned aerial vehicles if the Secretary considers reference to such use relevant to the subject of the report.</ins>

## Sec. 2834 Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing — added

- <ins>Not later than 220 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report analyzing the capacity of the Department of Defense to provide survivors of natural disasters with emergency short-term housing.</ins>

## Sec. 2835 Improved recording and maintaining of Department of Defense real property data — added

- (a) <ins>Initial report—</ins> <ins>Not later than 150 days after the date of the enactment of this Act, the Undersecretary of Defense for Acquisition and Sustainment shall submit to Congress a report evaluating service-level best practices for recording and maintaining real property data.</ins>
- (b) <ins>Issuance of guidance—</ins> <ins>Not later than 300 days after the date of the enactment of this Act, the Undersecretary of Defense for Acquisition and Sustainment shall issue service-wide guidance on the recording and collection of real property data based on the best practices described in the report.</ins>

## Sec. 2836 Continued Department of Defense use of heating, ventilation, and air conditioning systems utilizing variable refrigerant flow — added

- <ins>Notwithstanding any provision of law to the contrary, the Department of Defense may continue to consider and select heating, ventilation, and air conditioning systems that utilize variable refrigerant flow as an option for use in Department of Defense facilities.</ins>

## Sec. 2837 Report on Department of Defense use of intergovernmental support agreements — added

- (a) <ins>Plan required—</ins> <ins>Not later than July 31, 2020, the Secretary of Defense shall submit to the Committees on Armed Service of the Senate and the House of Representatives a report containing a plan to improve the collection and monitoring of information regarding the consideration and use of intergovernmental support agreements, as authorized by section 2679 of title 10, United States Code, including information regarding the financial and nonfinancial benefits derived from the use of such agreements.</ins>
- (b) <ins>Additional plan elements—</ins> <ins>The plan required by subsection (a) also shall include the following:</ins>
  - (1) <ins>A timeline for implementation of the plan.</ins>
  - (2) <ins>A education and outreach component for installation commanders to improve understanding of the benefits of intergovernmental support agreements and to encourage greater use of such agreements.</ins>
  - (3) <ins>Proposals to standardize across all military departments the approval process for intergovernmental support agreements.</ins>
  - (4) <ins>Proposals to achieve efficiencies in intergovernmental support agreements based on inherent intergovernmental trust.</ins>
  - (5) <ins>Proposals for the development of criteria to evaluate the effectiveness of intergovernmental support agreements separate from Federal Acquisition Regulations.</ins>

## Sec. 2875 Report on projects awaiting approval from the Realty Governance Board — added

- <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report describing the projects that, as of the date of the report, are awaiting approval from the Realty Governance Board. Such report shall include—</ins>
- (1) <ins>a list of projects awaiting evaluation for a Major Land Acquisition Waiver; and</ins>
- (2) <ins>an assessment of the impact a project described in paragraph (1) would have on the security of physical assets and personnel at the military installation requesting the Major Land Acquisition Waiver.</ins>

## Sec. 2876 Santa Ynez Band of Chumash Indians Land Affirmation — added

- (a) <ins>Short title—</ins> <ins>This section may be cited as the “Santa Ynez Band of Chumash Indians Land Affirmation Act of 2019”.</ins>
- (b) <ins>Findings—</ins> <ins>Congress finds the following:</ins>
  - (1) <ins>On October 13, 2017, the General Council of the Santa Ynez Band of Chumash Indians voted to approve the Memorandum of Agreement between the County of Santa Barbara and the Santa Ynez Band of Chumash Indians regarding the approximately 1,427.28 acres of land, commonly known as Camp 4, and authorized the Tribal Chairman to sign the Memorandum of Agreement.</ins>
  - (2) <ins>On October 31, 2017, the Board of Supervisors for the County of Santa Barbara approved the Memorandum of Agreement on Camp 4 and authorized the Chair to sign the Memorandum of Agreement.</ins>
  - (3) <ins>The Secretary of the Interior approved the Memorandum of Agreement pursuant to section 2103 of the Revised Statutes (25 U.S.C. 81).</ins>
- (c) <ins>Land to be taken into trust—</ins> <ins></ins>
  - (1) <ins>In general—</ins> <ins>The approximately l,427.28 acres of land in Santa Barbara County, CA described in paragraph (3), is hereby taken into trust for the benefit of the Tribe, subject to valid existing rights, contracts, and management agreements related to easements and rights-of-way.</ins>
  - (2) <ins>Administration—</ins> <ins></ins>
    - (A) <ins>Administration—</ins> <ins>The land described in paragraph (3) shall be a part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to the land held in trust by the United States for an Indian tribe.</ins>
    - (B) <ins>Effect—</ins> <ins>For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in paragraph (3) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act.</ins>
  - (3) <ins>Legal description of lands transferred—</ins> <ins>The lands to be taken into trust for the benefit of the Tribe pursuant to this Act are described as follows:</ins>
  - (4) <ins>Rules of construction—</ins> <ins>Nothing in this section shall—</ins>
    - (A) <ins>enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act;</ins>
    - (B) <ins>affect any water right of the Tribe in existence before the date of the enactment of this Act; or</ins>
    - (C) <ins>terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act.</ins>
  - (5) <ins>Restricted use of transferred lands—</ins> <ins>The Tribe may not conduct, on the land described in paragraph (3) taken into trust for the Tribe pursuant to this section, gaming activities—</ins>
    - (A) <ins>as a matter of claimed inherent authority; or</ins>
    - (B) <ins>under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act.</ins>
  - (6) <ins>Definitions—</ins> <ins>For the purposes of this subsection:</ins>
    - (A) <ins>Secretary—</ins> <ins>The term “Secretary” means the Secretary of the Interior.</ins>
    - (B) <ins>Tribe—</ins> <ins>The term “Tribe” means the Santa Ynez Band of Chumash Mission Indians.</ins>

## Sec. 2877 Report on lead service lines at military installations — added

- <ins>Not later than January 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that contains the following:</ins>
- (1) <ins>The number of military installations at which lead service lines are connected to schools, childcare centers and facilities, buildings, and other facilities of the installation as the Secretary determines appropriate.</ins>
- (2) <ins>The total number of members of the Armed Forces affected by the presence of lead service lines at military installations.</ins>
- (3) <ins>Of the total number of members under paragraph (2), the number of such members with dependents.</ins>
- (4) <ins>Actions, if any, undertaken by the Secretary to inform individuals affected by the presence of lead service lines at military installations of such presence.</ins>
- (5) <ins>Recommendations for legislative action relating to the replacement of lead service lines at military installations.</ins>

## Sec. 2878 Renaming of Lejeune High School in honor of Congressman Walter B. Jones — added

- (a) <ins>Renaming—</ins> <ins>The Lejeune High School at Camp Lejeune, North Carolina, shall hereafter be known and designated as the “Walter B. Jones Camp Lejeune High School”.</ins>
- (b) <ins>References—</ins> <ins>Any reference in any law, map, regulation, map, document, paper, other record of the United States to the facility referred to in subsection (a) shall be considered to be a reference to the Walter B. Jones Camp Lejeune High School.</ins>

## Sec. 2879 Operation, maintenance, and preservation of Mare Island Naval Cemetery, Vallejo, California — added

- (a) <ins>Authority to assist operation, maintenance, and preservation activities—</ins> <ins>The Secretary of Defense may provide not more than $250,000 per fiscal year to aid in the operation, maintenance, and preservation of the Mare Island Naval Cemetery in Vallejo, California (in this section referred to as the “Cemetery”) if, within one year after the date of the enactment of this Act—</ins>
  - (1) <ins>the city of Vallejo, California, enters into an agreement with a nonprofit historical preservation organization (in this section referred to as the “organization”) to manage the day-to-day operation, maintenance, and preservation activities of the Cemetery; and</ins>
  - (2) <ins>the organization enters into a memorandum of agreement with the Secretary that outlines the organization’s plan and commitment to preserve the Cemetery in perpetuity.</ins>
- (b) <ins>Restriction on use of assistance—</ins> <ins>Assistance provided under subsection (a) shall only be used by the organization—</ins>
  - (1) <ins>for the direct operation, maintenance, and preservation of the Cemetery; and</ins>
  - (2) <ins>to conduct an annual audit and prepare an annual report of the organization’s activities.</ins>
- (c) <ins>Reduction in assistance—</ins> <ins>The Secretary of Defense may reduce the amount of assistance provided under subsection (a) for a fiscal year, or forgo the provision of assistance for a fiscal year, whenever the Secretary determines that the organization has enough operational funds to function for at least a two-year period.</ins>
- (d) <ins>Annual audit and report—</ins> <ins>As a condition of receiving assistance under subsection (a), the organization shall submit to the Secretary of Defense an annual report containing an audit of the organization’s financial revenues and expenditures for the previous year and describing how funds were used.</ins>
- (e) <ins>Other fund-raising—</ins> <ins>Nothing in this section shall be construed to preclude the organization from raising additional funds to supplement the organization’s activities.</ins>

## Sec. 2880 Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar System receiving station, Modoc County, California — added

- (a) <ins>Restrictions—</ins> <ins>Except as provided in subsection (b), the Secretary of the Air Force may not use any funds or resources of the Department of the Air Force to carry out the rehabilitation of the obsolete Over-the-Horizon Backscatter Radar System receiving station located in Modoc National Forest in the State of California.</ins>
- (b) <ins>Exception for removal of perimeter fence—</ins> <ins>Notwithstanding subsection (a), the Secretary of the Air Force may use funds and resources of the Department of the Air Force—</ins>
  - (1) <ins>to remove the perimeter fence, which was treated with an arsenic-based weatherproof coating, surrounding the Over-the-Horizon Backscatter Radar System receiving station referred to in such subsection; and</ins>
  - (2) <ins>to carry out the mitigation of soil contamination associated with such fence.</ins>
- (c) <ins>Sunset—</ins> <ins>The restrictions in subsection (a) shall terminate on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021.</ins>

## Sec. 3001 Authorization of emergency Navy construction and land acquisition projects

- (a) <ins>Navy authorization—</ins> <ins>Subject to subsection (c), pursuant to section 2802 of title 10, United States Code, the following real property acquisition and military construction projects, including planning and design related to military construction projects, in the following amounts, are authorized:</ins>
- (b) <ins>Authorized Navy construction projects—</ins> <ins>In addition to the projects authorized under subsection (a) and subject to subsection (c), pursuant to section 2802 of title 10, United States Code, the Secretary of Defense may carry out military construction projects, including planning and design related to military construction projects, at facilities damaged by earthquakes or other natural disasters in 2019, in the amount of $100,000,000.</ins>
- (c) <ins>Report required as a condition of authorization—</ins> <ins>Not later than 90 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 containing a plan to carry out the military construction projects authorized by this section. The plan shall include an explanation of how each military construction project will incorporate mitigation measures that reduce the threat from natural disasters, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report required from the Secretary has been submitted.</ins>
- (d) <ins>Revision of funding—</ins> <ins></ins>
  - (1) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 3001(b) for military construction projects carried out under this section, as specified in the corresponding funding table in section 4601, is hereby increased by $100,000,000, to be available for the purpose specified in subsection (b).</ins>
  - (2) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2403 for Defense Agencies planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $40,000,000.</ins>
  - (3) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2403 for Defense Agencies unspecified minor construction at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $10,000,000.</ins>
  - (4) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2304 for Air Force planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $20,000,000.</ins>
  - (5) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2103 for Army planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $20,000,000.</ins>
  - (6) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 2204 for Navy planning and design at various worldwide locations, as specified in the corresponding funding table in section 4601, is hereby reduced by $10,000,000.</ins>
- <del>Pursuant to section 2802 of title 10, United States Code, the following real property acquisition and military construction projects, including planning and design related to military construction projects, in the following amounts, are authorized:</del>

## Sec. 3121 Independent review of plans and capabilities for nuclear verification, detection, and monitoring of nuclear weapons and fissile material — added

- (a) <ins>Plan—</ins> <ins>Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, shall seek to enter into a contract with the National Academies of Sciences to conduct an independent review and assessment of a plan for nuclear detection and verification and monitoring of nuclear weapons and fissile material.</ins>
- (b) <ins>Elements—</ins> <ins>The review under subsection (a) shall include the following:</ins>
  - (1) <ins>Recommendations for a national research infrastructure for enhanced nuclear verification, detection, and monitoring, with respect to policy, operations, and research, development, testing, and evaluation, including—</ins>
    - (A) <ins>an evaluation of current national research enterprise for such nuclear verification, detection, and monitoring;</ins>
    - (B) <ins>a plan for maximizing a national research enterprise to prevent the proliferation of nuclear weapons and fissile material;</ins>
    - (C) <ins>integration of roles, responsibilities, and planning for such verification, detection, and monitoring within the Federal Government; and</ins>
    - (D) <ins>a mechanism for the Department of Energy to consult across the intelligence community when setting the research agenda to ensure that goals and priorities are aligned.</ins>
  - (2) <ins>Recommendations for international engagement for building cooperation and transparency, including bilateral and multilateral efforts, to improve inspections, detection, and monitoring, and to create incentives for cooperation and transparency.</ins>
  - (3) <ins>Recommendations for—</ins>
    - (A) <ins>research and development efforts to improve monitoring, detection, and in-field inspection and analysis capabilities, including persistent surveillance, remote monitoring, and rapid analysis of large data sets, including open-source data; and</ins>
    - (B) <ins>measures to coordinate technical and operational requirements early in the process.</ins>
  - (4) <ins>Recommendations for improved coordination between departments and agencies of the Federal Government and the military departments, national laboratories, commercial industry, and academia.</ins>
  - (5) <ins>Recommendations for leveraging commercial capability, such as remote sensing.</ins>
- (c) <ins>Submission and briefing—</ins> <ins>Not later than 270 days after the date of the enactment of this Act, the Secretary of Energy shall—</ins>
  - (1) <ins>submit to the congressional defense committees a report containing the review under subsection (a); and</ins>
  - (2) <ins>provide to such committees a briefing on such review.</ins>
- (d) <ins>Form—</ins> <ins>The review under subsection (a) and the report under subsection (c) shall be submitted in unclassified form, but may include a classified annex, consistent with the protection of intelligence sources and methods.</ins>

## Sec. 3122 Funding for low-enriched uranium research and development — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by this title for defense nuclear nonproliferation, as specified in the corresponding funding table in section 4701, for low-enriched uranium research and development is hereby increased by $20,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by this title for atomic energy defense activities, as specified in the corresponding funding table in section 4701, for Federal salaries and expenses is hereby reduced by $20,000,000.</ins>

## Sec. 3123 Availability of amounts for denuclearization of Democratic People's Republic of North Korea — added

- (a) <ins>In general—</ins> <ins>The amount authorized to be appropriated by section 3101 and available as specified in the funding table in section 4701 for defense nuclear nonproliferation is hereby increased by $10,000,000, with the amount of the increase to be available to develop and prepare to implement a comprehensive, long-term monitoring and verification program for activities related to the phased denuclearization of the Democratic People's Republic of North Korea, in coordination with relevant international partners and organizations.</ins>
- (b) <ins>Offset—</ins> <ins>The amount authorized to be appropriated by this title and available as specified in the funding table in section 4701 for weapons activities for stockpile services, production support is hereby reduced by $10,000,000.</ins>

## Sec. 3124 Accounting practices of National Nuclear Security Administration facilities — added

- (a) <ins>Sense of Congress—</ins> <ins>It is the sense of Congress that the Secretary of Energy should ensure that each laboratory operating contractor or plant or site manager of National Nuclear Security Administration sites applies generally accepted and consistent accounting best practices for laboratory, plant, or site directed research and development.</ins>
- (b) <ins>Report required—</ins> <ins>Not later than 210 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report that assesses the costs, benefits, risks, and other effects of the pilot program under section 3119 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 50 U.S.C. 2791 note).</ins>

## Sec. 3125 Funding for inertial confinement fusion ignition and high yield program — added

- (a) <ins>Increase—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by this title for Weapons Activities, as specified in the corresponding funding table in section 4701, for the Inertial Confinement Fusion Ignition and High Yield program, facility operations and target production, is hereby increased by $5,000,000.</ins>
- (b) <ins>Offset—</ins> <ins>Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by this title for Weapons Activities, as specified in the corresponding funding table in section 4701, for Stockpile Services, management, technology, and production, is hereby reduced by $5,000,000.</ins>

## Sec. 3126 Improvements to Energy Employees Occupational Illness Compensation Program Act of 2000 — added

- (a) <ins>Office of Ombudsman—</ins> <ins>Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s–15) is amended—</ins>
  - (1) <ins>in subsection (c)—</ins>
    - (A) <ins>by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and</ins>
    - (B) <ins>by inserting after paragraph (1) the following new paragraph:</ins>
      - <ins>“(2) To provide guidance and assistance to claimants.”</ins>
  - (2) <ins>in subsection (h), by striking “2019” and inserting “2020”.</ins>
- (b) <ins>Advisory Board on Toxic Substances and Worker Health—</ins> <ins>Section 3687 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s–16) is amended—</ins>
  - (1) <ins>in subsection (b)(1)—</ins>
    - (A) <ins>in subparagraph (C), by striking “; and” and inserting a semicolon;</ins>
    - (B) <ins>in subparagraph (D), by striking “; and” and inserting a semicolon; and</ins>
    - (C) <ins>by adding after subparagraph (D) the following:</ins>
      - <ins>“(E) the claims adjudication process generally, including review of procedure manual changes prior to incorporation into the manual and claims for medical benefits; and</ins>
      - <ins>“(F) such other matters as the Secretary considers appropriate; and”</ins>
  - (2) <ins>in subsection (g)—</ins>
    - (A) <ins>by striking “The Secretary of Energy shall” and inserting “The Secretary of Energy and the Secretary of Labor shall each”; and</ins>
    - (B) <ins>by adding at the end the following new sentence: “The Secretary of Labor shall make available to the Board the program’s medical director, toxicologist, industrial hygienist and program’s support contractors as requested by the Board.”;</ins>
  - (3) <ins>by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and</ins>
  - (4) <ins>by inserting after subsection (g) the following:</ins>
    - <ins>“(h) Response to recommendations—Not later than 60 days after submission to the Secretary of Labor of the Board’s recommendations, the Secretary shall respond to the Board in writing, and post on the public Internet website of the Department of Labor, a response to the recommendations that—</ins>
    - <ins>“(1) includes a statement of whether the Secretary accepts or rejects the Board’s recommendations;</ins>
    - <ins>“(2) if the Secretary accepts the board’s recommendations, describes the timeline for when those recommendations will be implemented; and</ins>
    - <ins>“(3) if the Secretary does not accept the recommendations, describes the reasons the Secretary does not agree and provide all scientific research to the Board supporting that decision.”</ins>

## Sec. 3127 Civil penalties for violations of certain whistleblower protections — added

- (a) <ins>In general—</ins> <ins>Section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is amended—</ins>
  - (1) <ins>in the heading, by inserting “and Whistleblower” after “Safety”;</ins>
  - (2) <ins>in subsection a.—</ins>
    - (A) <ins>by inserting “, or who violates any applicable rule, regulation or order related to whistleblower protections,” before “shall be subject to a civil penalty”; and</ins>
    - (B) <ins>by adding at the end the following new sentence: “The Secretary of Energy may carry out this section with respect to the National Nuclear Security Administration by acting through the Administrator for Nuclear Security.”; and</ins>
  - (3) <ins>by adding at the end the following new subsection:</ins>
    - <ins>“e. In this section, the term “whistleblower protections” means the protections for contractors from reprisals pursuant to section 4712 of title 41, United States Code, section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851), or other provisions of Federal law affording such protections.”</ins>

## Sec. 3128 Limitation relating to reclassification of high-level waste — added

- (a) <ins>Limitation—</ins> <ins>None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Energy may be obligated or expended by the Secretary of Energy to apply the interpretation of high-level radioactive waste described in the notice published by the Secretary titled “Supplemental Notice Concerning U.S. Department of Energy Interpretation of High-Level Radioactive Waste” (84 Fed. Reg. 26835), or successor notice, with respect to such waste located in the State of Washington.</ins>
- (b) <ins>Rule of construction—</ins> <ins>Nothing in subsection (a) may be construed as an affirmation of the interpretation of high-level radioactive waste of the Secretary of Energy described in such subsection.</ins>

## Sec. 3504 Military to mariner program — added

- (a) <ins>Credentialing support—</ins> <ins>Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard operates, in coordination with one another and with the United States Committee on the Marine Transportation System, and in consultation with the Merchant Marine Personnel Advisory Committee, shall identify all training and experience within each of the Armed Forces that may qualify for merchant mariner credentialing, and submit a list of all identified training and experience to the United States Coast Guard National Maritime Center for a determination of whether such training and experience counts for credentialing purposes.</ins>
- (b) <ins>Review of applicable service—</ins> <ins>The United States Coast Guard Commandant shall make a determination of whether training and experience counts for credentialing purposes, as described in subsection (a), not later than 6 months after the date on which the United States Coast Guard National Maritime Center receives a submission under subsection (a) identifying a training or experience and requesting such a determination.</ins>
- (c) <ins>Fees and services—</ins> <ins>The Secretary of Defense and the Secretary of the Department in which the Coast Guard operates, with respect to the applicable services in their respective departments, shall—</ins>
  - (1) <ins>take all necessary and appropriate actions to provide for the waiver of fees through the National Maritime Center license evaluation, issuance, and examination for members of the Armed Forces on active duty, if a waiver is authorized and appropriate, and, if a waiver is not granted, take all necessary and appropriate actions to provide for the payment of fees for members of the Armed Forces on active duty by the applicable service to the fullest extent permitted by law;</ins>
  - (2) <ins>direct the Armed Forces to take all necessary and appropriate actions to provide for Transportation Worker Identification Credential cards for members of the Armed Forces on active duty pursuing or possessing a mariner credential, such as implementation of an equal exchange process for active duty service members at no or minimal cost;</ins>
  - (3) <ins>ensure that members of the Armed Forces who are to be discharged or released from active duty and who request certification or verification of sea service be provided such certification or verification no later than one month after discharge or release;</ins>
  - (4) <ins>ensure the Armed Forces have developed, or continue to operate, as appropriate, the online resource known as Credentialing Opportunities On-Line to support separating members of the Armed Forces who are seeking information and assistance on merchant mariner credentialing; and</ins>
  - (5) <ins>not later than one year after the date of enactment of this section, take all necessary and appropriate actions to review and implement service-related medical certifications to merchant mariner credential requirements.</ins>
- (d) <ins>Advancing military to mariner within the employer agencies—</ins> <ins></ins>
  - (1) <ins>In General—</ins> <ins>The Secretary of Defense and the Secretary of the Department in which the Coast Guard operates shall have direct hiring authority to employ separated members of the Armed Forces with valid merchant mariner licenses or sea service experience in support of United States national maritime needs, including the Army Corps of Engineers.</ins>
  - (2) <ins>Appointments of retired members of the Armed Forces—</ins> <ins>Except in the case of positions in the Senior Executive Service, the requirements of section 3326(b) of title 5, United States Code, shall not apply with respect to the hiring of a separated member of the Armed Forces under paragraph (1).</ins>
- (e) <ins>Separated member of the Armed Forces—</ins> <ins>In this section, the term separated member of the Armed Forces means an individual who—</ins>
  - (1) <ins>is retiring or is retired as a member of the Armed Forces;</ins>
  - (2) <ins>is voluntarily separating or voluntarily separated from the Armed Forces at the end of enlistment or service obligation; or</ins>
  - (3) <ins>is administratively separating or has administratively separated from the Armed Forces with an honorable or general discharge characterization.</ins>

## Sec. 3511 Tanker Security Fleet

- (a) In general— Subtitle VII of title 46, United States Code, is amended by adding at the end the following:
  - “707 Tanker Security Fleet
  - “70701. Definitions
  - “In this chapter:
  - “(1) Foreign commerce—The term “foreign commerce” means—
  - “(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
  - “(B) commerce or trade between foreign countries including trade between foreign ports in accordance with normal commercial bulk shipping practices in such a manner as will permit vessels of the United States freely to compete with foreign-flag liquid bulk carrying vessels in their operation or in competing charters, subject to rules and regulations promulgated by the Secretary of Transportation pursuant to this chapter or subtitle.
  - “(2) Participating Fleet vessel—The term “participating Fleet vessel” means any tank vessel covered by an operating agreement under this chapter on or after January 1, 2021.
  - “(3) Person—The term “person” includes corporations, partnerships, and associations existing under, or authorized by, laws of the United States, or any State, territory, district, or possession thereof, or any foreign country.
  - “(4) Tank vessel—The term “tank vessel” has the meaning that term has under section 2101 of this title.
  - “(5) United states citizen trust—The term “United States citizen trust”—
  - “(A) means a trust for which—
  - “(i) each of the trustees is a citizen of the United States; and
  - “(ii) the application for documentation of the vessel under chapter 121 of this title includes an affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person who is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States;
  - “(B) does not include a trust for which any person that is not a citizen of the United States has authority to direct, or participate in directing, a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee without cause, either directly or indirectly through the control of another person, unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee; and
  - “(C) may include a trust for which a person who is not a citizen of the United States holds more than 25 percent of the beneficial interest in the trust.
  - “70702. Establishment of the Tanker Security Fleet
  - “(a) In general—The Secretary of Transportation, in consultation with the Secretary of Defense, shall establish a fleet of active, commercially viable, militarily useful, privately owned product tankers to meet national defense and other security requirements and maintain a United States presence in international commercial shipping. The fleet shall consist of privately owned vessels of the United States for which there are in effect operating agreements under this chapter, and shall be known as the “Tanker Security Fleet” (hereinafter in this chapter referred to as the “Fleet”).
  - “(b) Vessel Eligibility—A vessel is eligible to be included in the Fleet if the vessel—
  - “(1) meets the requirements under paragraph (1), (2), (3), or (4) of subsection (c);
  - “(2) is operated (or in the case of a vessel to be constructed, will be operated) in providing transportation in United States foreign commerce;
  - “(3) is self-propelled;
  - “(4) is not more than ten years of age on the date the vessel is first included in the Fleet and not more than 25 years of age at any time during which the vessel is included in the Fleet;
  - “(5) is determined by the Secretary of Defense to be suitable for use by the United States for national defense or military purposes in time of war or national <del>emergency; and</del><ins>emergency;</ins>
  - “(6) is commercially viable, as determined by the Secretary of Transportation; and
  - “(7) is—
  - “(A) a vessel of the United States; or
  - “(B) not a vessel of the United States, but—
  - “(i) the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Fleet; and
  - “(ii) at the time an operating agreement is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.
  - “(c) Requirements regarding citizenship of owners, charterers, and operators
  - “(1) Vessels owned and operated by section 50501 citizens—A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by one or more persons that are citizens of the United States under section 50501 of this title.
  - “(2) Vessels owned by a section 50501 citizen, or United States citizen trust, and chartered to a documentation citizen—A vessel meets the requirements of this paragraph if—
  - “(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be—
  - “(i) owned by a person that is a citizen of the United States under section 50501 of this title or that is a United States citizen trust; and
  - “(ii) demise chartered to a person—
  - “(I) that is eligible to document the vessel under chapter 121 of this title;
  - “(II) the chairman of the board of directors, chief executive officer, and a majority of the members of the board of directors of which are citizens of the United States under section 50501 of this title, and are appointed and subjected to removal only upon approval by the Secretary; and
  - “(III) that certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter;
  - “(B) in the case of a vessel that will be demise chartered to a person that is owned or controlled by another person that is not a citizen of the United States under section 50501 of this title, the other person enters into an agreement with the Secretary not to influence the operation of the vessel in a manner that will adversely affect the interests of the United States; and
  - “(C) the Secretary of Transportation and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that the Secretaries concur with the certification required under subparagraph (A)(ii)(III), and have reviewed and agree that there are no legal, operational, or other impediments that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter.
  - “(3) Vessels owned and operated by a defense owner or operator—A vessel meets the requirements of this paragraph if—
  - “(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by a person that—
  - “(i) is eligible to document a vessel under chapter 121 of this title;
  - “(ii) operates or manages other vessels of the United States for the Secretary of Defense, or charters other vessels to the Secretary of Defense;
  - “(iii) has entered into a special security agreement for the purpose of this paragraph with the Secretary of Defense;
  - “(iv) makes the certification described in paragraph (2)(A)(ii)(III); and
  - “(v) in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that subparagraph; and
  - “(B) the Secretary of Transportation and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that they concur with the certification required under subparagraph (A)(iv), and have reviewed and agree that there are no legal, operational, or other impediments that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter.
  - “(4) Vessels owned by documentation citizens and chartered to section 50501 citizens—A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter, the vessel will be—
  - “(A) owned by a person who is eligible to document a vessel under chapter 121 of this title; and
  - “(B) demise chartered to a person that is a citizen of the United States under section 50501 of this title.
  - “(d) Request by secretary of defense—The Secretary of Defense shall request that the Commandant of the Coast Guard issue any waiver under section 501 of this title that the Secretary of Defense determines is necessary for purposes of this chapter.
  - “(e) Vessel standards
  - “(1) Certificate of Inspection—A vessel used to provide oceangoing transportation that the Commandant of the Coast Guard determines meets the criteria of subsection (b) but which, on the date of enactment of this section, is not documented under chapter 121 of this title, shall be eligible for a certificate of inspection if the Commandant of the Coast Guard determines that—
  - “(A) the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping, or another classification society accepted by the Commandant of the Coast Guard;
  - “(B) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming documented under chapter 121 of this title; and
  - “(C) the country has not been identified by the Commandant of the Coast Guard as inadequately enforcing international vessel regulations as to that vessel.
  - “(2) Reliance on classification society
  - “(A) In general—The Commandant of the Coast Guard may rely on a certification from the American Bureau of Shipping or, subject to subparagraph (B), another classification society accepted by the Commandant of the Coast Guard, to establish that a vessel is in compliance with the requirements of paragraph (1).
  - “(B) Foreign classification society—The Secretary may accept certification from a foreign classification society under subparagraph (A) only—
  - “(i) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and
  - “(ii) if the foreign classification society has offices and maintains records in the United States.
  - “70703. Vessel standards
  - “(a) Certificate of inspection—A vessel used to provide transportation service as a common carrier that the Secretary of Transportation determines meets the criteria of section 53102(b) of this title, which on the date of enactment of this section is not a documented vessel (as that term is defined in section 106 of this title), shall be eligible for a certificate of inspection if the Secretary determines that—
  - “(1) the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping or another classification society accepted by the Secretary;
  - “(2) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming a documented vessel (as defined in that section); and
  - “(3) that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.
  - “(b) Continued Eligibility for Certificate—Subsection (a) does not apply to any vessel that has failed to comply with the applicable international agreements and association guidelines referred to in subsection (a)(2).
  - “(c) Reliance on Classification Society
  - “(1) In general—The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary, to establish that a vessel is in compliance with the requirements of subsections (a) and (b).
  - “(2) Foreign classification society—The Secretary may accept certification from a foreign classification society under paragraph (1) only—
  - “(A) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and
  - “(B) if the foreign classification society has offices and maintains records in the United States.
  - “70704. Award of operating agreements
  - “(a) In general—The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the owner or operator of the vessel enter into an operating agreement with the Secretary under this section.
  - “(b) Procedure for applications
  - “(1) Participating Fleet vessels
  - “(A) In General—The Secretary of Transportation shall accept an application for an operating agreement for a participating Fleet vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter.
  - “(B) Vessel under demise charter—For purposes of subparagraph (A), in the case of a vessel that is subject to a demise charter that terminates by its own terms on September 30, 2035 (without giving effect to any extension provided therein for completion of a voyage or to effect the actual redelivery of the vessel), or that is terminable at the will of the owner of the vessel after such date, only the owner of the vessel shall be treated as having the authority referred to in subparagraph (A).
  - “(C) Vessel owned by a united states citizen trust—For purposes of subparagraph (B), in the case of a vessel owned by a United States citizen trust, the term “owner of the vessel” includes the beneficial owner of the vessel with respect to such trust.
  - “(2) Discretion within priority—The Secretary of Transportation—
  - “(A) may award operating agreements under paragraph (1) according to such priorities as the Secretary considers appropriate; and
  - “(B) shall award operating agreements within any such priority—
  - “(i) in accordance with operational requirements specified by the Secretary of Defense;
  - “(ii) in the case of operating agreements awarded under subparagraph (B) of paragraph (1), according to applicants’ records of owning and operating vessels; and
  - “(iii) subject to approval of the Secretary of Defense.
  - “(c) Limitation—For any fiscal year, the Secretary may not award operating agreements under this chapter that require payments under section 70707 of this title for more than 10 vessels.
  - “70705. Effectiveness of operating agreements
  - “(a) In general—Subject to the availability of appropriations for such purpose, the Secretary of Transportation may enter into an operating agreement under this chapter for fiscal year 2021 and any subsequent fiscal year. Each such agreement may be renewed annually for up to seven years.
  - “(b) Vessels under charter to the United States—The owner or operator of a vessel under charter to the United States is eligible to receive payments pursuant to any operating agreement that covers such vessel.
  - “(c) Termination
  - “(1) Termination by Secretary for lack of owner or operator compliance—If the owner or operator with respect to an operating agreement materially fails to comply with the terms of the agreement—
  - “(A) the Secretary shall notify the owner or operator and provide a reasonable opportunity to comply with the operating agreement; and
  - “(B) the Secretary shall terminate the operating agreement if the owner or operator fails to achieve such compliance.
  - “(2) Termination by owner or operator
  - “(A) In general—If an owner or operator provides notice of the intent to terminate an operating agreement under this chapter on a date specified by not later than 60 days prior to such date, such agreement shall terminate on the date specified by the owner or operator.
  - “(B) Replacement—An operating agreement with respect to a vessel shall terminate on the date that is three years after the date on which the vessel begins operating under the agreement, if—
  - “(i) the owner or operator notifies the Secretary, by not later than two years after the date the vessel begins operating under the agreement, that the owner or operator intends to terminate the agreement under this subparagraph; and
  - “(ii) the Secretary of Transportation, in coordination with the Secretary of Defense, determines that—
  - “(I) an application for an operating agreement under this chapter has been received for a replacement vessel that is acceptable to the Secretaries; and
  - “(II) during the period of an operating agreement under this chapter that applies to the replacement vessel, the replacement vessel will be—
  - “(aa) owned and operated by one or more persons that are citizens of the United States under section 50501 of this title; or
  - “(bb) owned by a person who is eligible to document the vessel under chapter 121 of this title, and operated by a person that is a citizen of the United States under section 50501 of this title.
  - “(d) Nonrenewal for lack of funds
  - “(1) In general—If sufficient funds are not made available to carry out an operating agreement under this chapter—
  - “(A) the Secretary of Transportation shall submit to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice that such agreement shall be not renewed effective on the 60th day of the fiscal year, unless such funds are made available before such day; and
  - “(B) effective on the 60th day of such fiscal year, terminate such agreement and provide notice of such termination to the owner or operator of the vessel covered by the agreement.
  - “(2) Release of vessels from obligations—If an operating agreement for a vessel under this chapter is not renewed pursuant to paragraph (1), then the owner or operator of the vessel is released from any further obligation under the operating agreement as of the date of such termination or nonrenewal.
  - “(3) Foreign transfer and registration—The owner or operator of a vessel covered by an operating agreement under this chapter may transfer and register such vessel under a foreign registry that is acceptable to the Secretary and the Secretary of Defense, notwithstanding section 70701 of this title.
  - “(4) Requisition—If chapter 563 of this title is applicable to a vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563 of this title.
  - “70706. Obligations and rights under operating agreements
  - “(a) Operation of Vessel—An operating agreement under this chapter shall require that, during the period the vessel covered by the agreement is operating under the agreement the vessel shall—
  - “(1) be operated in the United States foreign commerce, mixed United States foreign commerce and domestic trade allowed under a registry endorsement issued under section 12111 of this title, foreign-to-foreign commerce, or under a charter to the United States;
  - “(2) not be operated in the coastwise trade except as described in paragraph (1); and
  - “(3) be documented under chapter 121 of this title.
  - “(b) Operating agreement is an obligation of the United States Government—An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations.
  - “(c) Obligations of owner or operator
  - “(1) In general—The owner or operator of a vessel covered by an operating agreement under this chapter shall agree, as a condition of such agreement, to remain obligated to carry out the requirements described in paragraph (2) until the termination date specified in the agreement, even in the case of early termination of the agreement under section 70705(c) of this title. This subsection shall not apply in the case of an operating agreement terminated for lack of funds under section 70705(d) of this title.
  - “(2) Requirements—The requirements described in this paragraph are the following:
  - “(A) To continue the documentation of the vessel under chapter 121 of this title.
  - “(B) To be bound by the requirements of section 70708 of this title.
  - “(C) That all terms and conditions of an emergency preparedness agreement entered into under section 70708 of this title shall remain in effect, except that the terms of such emergency preparedness agreement may be modified by the mutual consent of the owner or operator, the Secretary and the Secretary of Defense as provided in such section.
  - “(d) Transfer of operating agreements—The owner or operator of a vessel covered by an operating agreement under this chapter may transfer that agreement (including all rights and obligations under the agreement) to any person that is eligible to enter into that operating agreement under this chapter, if the transfer is approved by the Secretary of Transportation and the Secretary of Defense.
  - “(e) Replacement of vessels covered by agreements—A owner or operator may replace a vessel covered by an operating agreement with another vessel that is eligible to be included in the Fleet under section 70702(b), if the Secretary of Transportation, in coordination with the Secretary of Defense, approves the replacement of the vessel. In selecting a replacement vessel, the owner or operator shall give primary consideration to—
  - “(1) the commercial viability of the vessel;
  - “(2) the utility of the vessel with respect to the operating requirements of the owner or operator; and
  - “(3) ensuring that the commercial and military utility of any replacement vessel is not less than that of the initial vessel.
  - “70707. Payments
  - “(a) Annual payment—Subject to the availability of appropriations for such purpose and the other provisions of this chapter, the Secretary shall pay to the owner or operator of a vessel covered by an operating agreement under this chapter an amount equal to $6,000,000 for each vessel covered by the agreement for each fiscal year that the vessel is covered by the agreement. Such amount shall be paid in equal monthly installments on the last day of each month. The amount payable under this subsection may not be reduced except as provided by this section.
  - “(b) Certification required for payment—As a condition of receiving payment under this section for a fiscal year for a vessel, the owner or operator for the vessel shall certify, in accordance with regulations issued by the Secretary, that the vessel has been and will be operated in accordance with section 70706 of this title for at least 320 days during the fiscal year. Days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection.
  - “(c) General limitations—The Secretary may not make any payment under this chapter for a vessel with respect to any days for which the vessel is—
  - “(1) not operated or maintained in accordance with an operating agreement under this chapter; or
  - “(2) more than 25 years of age.
  - “(d) Reductions in payments—With respect to payments under this chapter for a vessel covered by an operating agreement, the Secretary—
  - “(1) except as provided in paragraph (2), may not reduce such a payment for the operation of the vessel to carry military or other preference cargoes under section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10, or any other cargo preference law of the United States;
  - “(2) may not make such a payment for any day that the vessel is engaged in transporting more than 7,500 tons of civilian bulk preference cargoes pursuant to section 55302(a), 55305, or 55314 of this title, section 90l(a) or (b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 124l(a), 1241(b), or 1241(f)), that is bulk cargo; and
  - “(3) shall make a pro rata reduction for each day less than 320 in a fiscal year that the vessel is not operated in accordance with section 70706 of this title.
  - “(e) Limitations regarding noncontiguous domestic trade
  - “(1) In general—No owner or operator shall receive payments pursuant to this chapter during a period in which it participates in noncontiguous domestic trade.
  - “(2) Limitation on application—Paragraph (1) shall not apply to a owner or operator that is a citizen of the United States within the meaning of section 50501 of this title, applying the 75 percent ownership requirement of that section.
  - “(3) Participates in a noncontiguous trade defined—In this subsection the term “participates in a noncontiguous domestic trade” means directly or indirectly owns, charters, or operates a vessel engaged in transportation of cargo between a point in the contiguous 48 States and a point in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska north of the Arctic Circle.
  - “70708. National security requirements
  - “(a) Emergency preparedness agreement required—The Secretary of Transportation, in coordination with the Secretary of Defense, shall establish an emergency preparedness program under this section under which the owner or operator of a vessel covered by an operating agreement under this chapter shall agree, as a condition of the operating agreement, to enter into an emergency preparedness agreement with the Secretaries. Each such emergency preparedness agreement shall be entered into as promptly as practicable after the owner or operator has entered into the operating agreement.
  - “(b) Terms of agreement—The terms of an agreement under this section—
  - “(1) shall provide that upon request by the Secretary of Defense during time of war or national emergency, or whenever determined by the Secretary of Defense to be necessary for national security or contingency operation (as that term is defined in section 101 of title 10), the owner or operator shall make available commercial transportation resources (including services) described in subsection (d) to the Secretary of Defense;
  - “(2) shall include such additional terms as may be established by the Secretary of Transportation and the Secretary of Defense; and
  - “(3) shall allow for the modification or addition of terms upon agreement by the Secretary of Transportation and the owner or operator and the approval by the Secretary of Defense.
  - “(c) Participation after expiration of operating agreement—Except as provided by section 70706 of this title, the Secretary may not require, through an emergency preparedness agreement or an operating agreement, that an owner or operator of a vessel covered by an operating agreement continue to participate in an emergency preparedness agreement after the operating agreement has expired according to its terms or is otherwise no longer in effect. After the expiration of an emergency preparedness agreement, a owner or operator may voluntarily continue to participate in the agreement.
  - “(d) Resources made available—The commercial transportation resources to be made available under an emergency preparedness agreement shall include vessels or capacity in vessels, terminal facilities, management services, and other related services, or any agreed portion of such nonvessel resources for activation as the Secretary of Defense may determine to be necessary, seeking to minimize disruption of the owner or operator’s service to commercial customers.
  - “(e) Compensation
  - “(1) In general—Each emergency preparedness agreement under this section shall provide that the Secretary of Defense shall pay fair and reasonable compensation for all commercial transportation resources provided pursuant to this section.
  - “(2) Specific requirements—Compensation under this subsection—
  - “(A) shall not be less than the owner or operator’s commercial market charges for like transportation resources;
  - “(B) shall be fair and reasonable considering all circumstances;
  - “(C) shall be provided from the time that a vessel or resource is required by the Secretary of Defense until the time it is redelivered to the owner or operator and is available to reenter commercial service; and
  - “(D) shall be in addition to and shall not in any way reflect amounts payable under section 70707 of this title.
  - “(f) Temporary replacement vessels—Notwithstanding section 55302(a), 55304, 55305, or 55314 of this title, section 2631 of title 10, or any other cargo preference law of the United States—
  - “(1) an owner or operator may operate or employ in foreign commerce a foreign-flag vessel or foreign-flag vessel capacity as a temporary replacement for a vessel of the United States or vessel of the United States capacity that is activated by the Secretary of Defense under an emergency preparedness agreement or a primary Department of Defense sealift readiness program; and
  - “(2) such replacement vessel or vessel capacity shall be eligible during the replacement period to transport preference cargoes subject to sections 55302(a), 55304, 55305, and 55314 of this title and section 2631 of title 10 to the same extent as the eligibility of the vessel or vessel capacity replaced.
  - “(g) Redelivery and Liability of the United States for Damages
  - “(1) In general—All commercial transportation resources activated under an emergency preparedness agreement shall, upon termination of the period of activation, be redelivered to the owner or operator in the same good order and condition as when received, less ordinary wear and tear, or the Secretary of Defense shall fully compensate the owner or operator for any necessary repair or replacement.
  - “(2) Limitation on United States liability—Except as may be expressly agreed in an emergency preparedness agreement, or as otherwise provided by law, the Government shall not be liable for disruption of an owner or operator’s commercial business or other consequential damages to an owner or operator arising from the activation of commercial transportation resources under an emergency preparedness agreement.
  - “70709. Regulatory relief
  - “(a) Operation in foreign commerce—An owner or operator for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.
  - “(b) Other restrictions—The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of the vessel is receiving payments for the operation of that vessel under an operating agreement under this chapter.
  - “(c) Telecommunications equipment—The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment certification requirements, if—
  - “(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;
  - “(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and
  - “(3) at the end of its useful life, such equipment shall be replaced with equipment that meets Federal Communications Commission equipment certification standards.
  - “70710. Special rule regarding age of participating Fleet vessels
  - “Any age restriction under section 70702(b)(4) of this title shall not apply to a participating Fleet vessel during the 30-month period beginning on the date the vessel begins operating under an operating agreement under this chapter, if the Secretary of Transportation determines that the owner or operator of the vessel has entered into an arrangement to obtain and operate under the operating agreement for the participating Fleet vessel a replacement vessel that, upon commencement of such operation, will be eligible to be included in the Fleet under section 70702(b) of this title.
  - “70711. Regulations
  - “The Secretary of Transportation and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
  - “70712. Authorization of appropriations
  - “There is authorized to be appropriated for payments under section 70707, $60,000,000 for each of fiscal years 2021 through 2035, to remain available until expended.
  - “70713. Acquisition of Fleet vessels
  - “(a) In general—Upon replacement of a Fleet Vessel under an operating agreement under this chapter, and subject to agreement by the owner or operator of the vessel, the Secretary of Transportation is authorized, subject to the concurrence of the Secretary of Defense, to acquire the vessel being replaced for inclusion in the National Defense Reserve Fleet.
  - “(b) Requirements—To be eligible for acquisition by the Secretary of Transportation under this section a vessel shall—
  - “(1) have been covered by an operating agreement under this chapter for not less than three years; and
  - “(2) meet recapitalization requirements for the Ready Reserve Force.
  - “(c) Fair market value—A fair market value shall be established by the Maritime Administration for acquisition of an eligible vessel under this section.
  - “(d) Appropriations—Vessel acquisitions under this section shall be subject to the availability of appropriations. Amounts made available to carry out this section shall be derived from amounts authorized to be appropriated for the National Defense Reserve Fleet. Amounts authorized to be appropriated to carry out the Maritime Security Program may not be use to carry out this section.”
- (b) Clerical amendment— The table of chapters for subtitle VII of title 46, United States Code, is amended by adding at the end the following:
- (c) Deadline for accepting applications—
  - (1) In general— The Secretary of Transportation shall begin accepting applications for enrollment of vessels in the Tanker Security Fleet established under chapter 707 of title 46, United States Code, as added by subsection (a), by not later than 30 days after the date of the enactment of this Act.
  - (2) Approval— Not later than 90 days after receipt of an application for the enrollment of a vessel in the Tanker Security Fleet, the Secretary, in coordination with the Secretary of Defense shall—
    - (A) approve the application and enter into an operating agreement with the applicant; or
    - (B) provide to the applicant a written explanation for the denial of the application.

## Sec. 3521 Establishment of Cable Security Fleet — added

- (a) <ins>In general—</ins> <ins>Title 46, United States Code, is amended by inserting before chapter 533 the following new chapter:</ins>
  - <ins>“532 Cable Security Fleet</ins>
  - <ins>“53201. Definitions</ins>
  - <ins>“In this chapter:</ins>
  - <ins>“(1) Cable services—The term “cable services” means the installation, maintenance, or repair of submarine cables and related equipment, and related cable vessel operations.</ins>
  - <ins>“(2) Cable vessel—The term “cable vessel” means a vessel—</ins>
  - <ins>“(A) classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary; and</ins>
  - <ins>“(B) capable of installing, maintaining, and repairing submarine cables.</ins>
  - <ins>“(3) Cable fleet—The term “Cable Fleet” means the Cable Security Fleet established under section 53202(a).</ins>
  - <ins>“(4) Contingency agreement—The term “Contingency Agreement” means the agreement required by section 53207.</ins>
  - <ins>“(5) Contractor—The term “Contractor” means an owner or operator of a vessel that enters into an Operating Agreement for a cable vessel with the Secretary under section 53203.</ins>
  - <ins>“(6) Fiscal year—The term “fiscal year” means any annual period beginning on October 1 and ending on September 30.</ins>
  - <ins>“(7) Operating agency—The term “Operating Agency” means that agency or component of the Department of Defense so designated by the Secretary of Defense under this chapter.</ins>
  - <ins>“(8) Operating agreement or agreement—The terms “Operating Agreement” or “Agreement” mean the agreement required by section 53203.</ins>
  - <ins>“(9) Person—The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.</ins>
  - <ins>“(10) Secretary—The term “Secretary” means the Secretary of Transportation.</ins>
  - <ins>“(11) United states—The term “United States” includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.</ins>
  - <ins>“(12) United states citizen trust</ins>
  - <ins>“(A) Subject to paragraph (C), the term “United States citizen trust” means a trust that is qualified under this paragraph.</ins>
  - <ins>“(B) A trust is qualified under this paragraph with respect to a vessel only if—</ins>
  - <ins>“(i) it was created under the laws of a state of the United States;</ins>
  - <ins>“(ii) each of the trustees is a citizen of the United States; and</ins>
  - <ins>“(iii) the application for documentation of the vessel under chapter 121 of this title includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence, or limit the exercise of the authority of, the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.</ins>
  - <ins>“(C) If any person that is not a citizen of the United States has authority to direct, or participate in directing, the trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to direct or remove a trustee.</ins>
  - <ins>“(D) This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.</ins>
  - <ins>“53202. Establishment of the Cable Security Fleet</ins>
  - <ins>“(a) In general</ins>
  - <ins>“(1) The Secretary, in consultation with the Operating Agency, shall establish a fleet of active, commercially viable, cable vessels to meet national security requirements. The fleet shall consist of privately owned, United States-documented cable vessels for which there are in effect Operating Agreements under this chapter, and shall be known as the Cable Security Fleet.</ins>
  - <ins>“(2) The Fleet described under this section shall include two vessels.</ins>
  - <ins>“(b) Vessel eligibility—A cable vessel is eligible to be included in the Fleet if—</ins>
  - <ins>“(1) the vessel meets the requirements of paragraph (1), (2), (3), or (4) of subsection (c);</ins>
  - <ins>“(2) the vessel is operated (or in the case of a vessel to be constructed, will be operated) in commercial service providing cable services;</ins>
  - <ins>“(3) the vessel is 40 years of age or less on the date the vessel is included in the Fleet;</ins>
  - <ins>“(4) the vessel is—</ins>
  - <ins>“(A) determined by the Operating Agency to be suitable for engaging in cable services by the United States in the interest of national security; and</ins>
  - <ins>“(B) determined by the Secretary to be commercially viable, whether independently or taking any payments which are the consequence of participation in the Cable Fleet into account; and</ins>
  - <ins>“(5) the vessel—</ins>
  - <ins>“(A) is a United States-documented vessel; or</ins>
  - <ins>“(B) is not a United States-documented vessel, but—</ins>
  - <ins>“(i) the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 of this title if it is included in the Cable Fleet; and</ins>
  - <ins>“(ii) at the time an Operating Agreement is entered into under this chapter, the vessel is eligible for documentation under chapter 121 of this title.</ins>
  - <ins>“(c) Requirements regarding citizenship of owners and operators</ins>
  - <ins>“(1) Vessels owned and operated by section 50501 citizens—A vessel meets the requirements of this paragraph if, during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be owned and operated by one or more persons that are citizens of the United states under section 50501 of this title.</ins>
  - <ins>“(2) Vessels owned by a section 50501 citizen, or united states citizen trust, and chartered to a documentation citizen—A vessel meets the requirements of this paragraph if—</ins>
  - <ins>“(A) during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be—</ins>
  - <ins>“(i) owned by a person that is a citizen of the United States under section 50501 of this title or that is a United States citizen trust; and</ins>
  - <ins>“(ii) demise chartered to and operated by a person—</ins>
  - <ins>“(I) that is eligible to document the vessel under chapter 121 of this title;</ins>
  - <ins>“(II) the chairman of the board of directors, chief executive officer, and a majority of the members of the board of directors of which are citizens of the United States under section 50501 of this title, and are appointed and subject to removal only upon approval by the Secretary; and</ins>
  - <ins>“(III) that certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the Contractor for the vessel from performing its obligations under an Operating Agreement under this chapter;</ins>
  - <ins>“(B) in the case of a vessel that will be demise chartered to a person that is owned or controlled by another person that is not a citizen of the United States under section 50501 of this title, the other person enters into an agreement with the Secretary not to influence the operation of the vessel in a manner that will adversely affect the interests of the United States; and</ins>
  - <ins>“(C) the Secretary and the Operating Agency notify the Committee on Armed Services and the Committee on Commerce, Science and Transportation of the Senate, and the Committee on Armed Services of the House of Representatives that they concur, and have reviewed the certification required under subparagraph (A)(ii)(III) and determined that there are no legal, operational, or other impediments that would prohibit the Contractor for the vessel from performing its obligations under an Operating Agreement under this chapter.</ins>
  - <ins>“(3) Vessel owned and operated by a defense contractor—A vessel meets the requirements of this paragraph if—</ins>
  - <ins>“(A) during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be owned and operated by a person that—</ins>
  - <ins>“(i) is eligible to document a vessel under chapter 121 of this title;</ins>
  - <ins>“(ii) operates or manages other United States-documented vessels for the Secretary of Defense, or charters other vessels to the Secretary of Defense;</ins>
  - <ins>“(iii) has entered into a special security agreement for purposes of this paragraph with the Secretary of Defense;</ins>
  - <ins>“(iv) makes the certification described in paragraph (2)(A)(ii)(III); and</ins>
  - <ins>“(v) in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that paragraph; and</ins>
  - <ins>“(B) the Secretary and the Secretary of Defense notify the Committee on Armed Services and Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that they have reviewed the certification required by subparagraph (A)(iv) and determined that there are no other legal, operational, or other impediments that would prohibit the Contractor for the vessel from performing its obligations under an Operating Agreement under this chapter.</ins>
  - <ins>“(4) Vessel owned by a documentation citizen and chartered to a section 50501 citizen—A vessel meets the requirements of this paragraph if, during the period of an Operating Agreement under this chapter that applies to the vessel, the vessel will be—</ins>
  - <ins>“(A) owned by a person that is eligible to document a vessel under chapter 121 of this title; and</ins>
  - <ins>“(B) demise chartered to a person that is a citizen of the United States under section 50501 of this title.</ins>
  - <ins>“(d) Vessel standards</ins>
  - <ins>“(1) Certificate of inspection—A cable vessel which the Secretary of the Department in which the Coast Guard is operating determines meets the criteria of subsection (b) of this section but which, on the date of enactment of the Act, is not documented under chapter 121 of this title, shall be eligible for a certificate of inspection if that Secretary determines that—</ins>
  - <ins>“(A) the vessel is classed by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by that Secretary;</ins>
  - <ins>“(B) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming documented under chapter 121; and</ins>
  - <ins>“(C) that country has not been identified by that Secretary as inadequately enforcing international vessel regulations as to that vessel.</ins>
  - <ins>“(2) Continued eligibility for certificate—Paragraph (1) does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in paragraph (1)(B).</ins>
  - <ins>“(3) Reliance on classification society</ins>
  - <ins>“(A) In general—The Secretary of the Department in which the Coast Guard is operating may rely on a certification from the American Bureau of Shipping or, subject to subparagraph (B), another classification society accepted by that Secretary to establish that a vessel is in compliance with the requirements of paragraphs (1) and (2).</ins>
  - <ins>“(B) Foreign classification society—The Secretary of the Department in which the Coast Guard is operating may accept certification from a foreign classification society under subparagraph (A) only—</ins>
  - <ins>“(i) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and</ins>
  - <ins>“(ii) if the foreign classification society has offices and maintains records in the United States.</ins>
  - <ins>“(e) Waiver of age registration—The Secretary, in conjunction with the Operating Agency, may waive the application of the age restriction under subsection (b)(3) if they jointly determine that the waiver—</ins>
  - <ins>“(1) is in the national interest;</ins>
  - <ins>“(2) the subject cable vessel and any associated operating network is and will continue to be economically viable; and</ins>
  - <ins>“(3) is necessary due to the lack of availability of other vessels and operators that comply with the requirements of this chapter.</ins>
  - <ins>“53203. Award of operating agreements</ins>
  - <ins>“(a) In general—The Secretary shall require, as a condition of including any vessel in the Cable Fleet, that the person that is the owner or operator of the vessel for purposes of section 53202(c) enter into an Operating Agreement with the Secretary under this section.</ins>
  - <ins>“(b) Procedure for applications</ins>
  - <ins>“(1) Acceptance of applications—Beginning no later than 60 days after the effective date of this chapter, the Secretary shall accept applications for enrollment of vessels in the Cable Fleet.</ins>
  - <ins>“(2) Action on applications—Within 120 days after receipt of an application for enrollment of a vessel in the Cable Fleet, the Secretary shall approve the application in conjunction with the Operating Agency, and shall enter into an Operating Agreement with the applicant, or provide in writing the reason for denial of that application.</ins>
  - <ins>“(c) Priority for awarding agreements—Subject to the availability of appropriations, the Secretary shall enter into Operating Agreements with those vessels determined by the Operating Agency, in its sole discretion, to best meet the national security requirements of the United States. After consideration of national security requirements, priority shall be given to an applicant that is a United States citizen under section 50501 of this title.</ins>
  - <ins>“53204. Effectiveness of operating agreements</ins>
  - <ins>“(a) Effectiveness generally—The Secretary may enter into an Operating Agreement under this chapter for fiscal year 2021. Except as provided in subsection (d), the agreement shall be effective only for one fiscal year, but shall be renewable, subject to available appropriations, for each subsequent year.</ins>
  - <ins>“(b) Vessels under charter to the United States—Vessels under charter to the United States are eligible to receive payments pursuant to their Operating Agreements.</ins>
  - <ins>“(c) Termination</ins>
  - <ins>“(1) Termination by the secretary—If the Contractor with respect to an Operating Agreement materially fails to comply with the terms of the Agreement—</ins>
  - <ins>“(A) the Secretary shall notify the Contractor and provide a reasonable opportunity for it to comply with the Operating Agreement;</ins>
  - <ins>“(B) the Secretary shall terminate the Operating Agreement if the Contractor fails to achieve such compliance; and</ins>
  - <ins>“(C) upon such termination, any funds obligated by the Agreement shall be available to the Secretary to carry out this chapter.</ins>
  - <ins>“(2) Early termination by a contractor—An Operating Agreement under this chapter shall terminate on a date specified by the Contractor if the Contractor notifies the Secretary, not fewer than 60 days prior to the effective date of the termination, that the Contractor intends to terminate the Agreement.</ins>
  - <ins>“(d) Nonrenewal for lack of funds—If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year for all Operating Agreements, then the Secretary shall notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services of the House of Representatives that Operating Agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year. If only partial funding is appropriated by the 60th day of such fiscal year, then the Secretary, in consultation with the Operating Agency, shall select the vessels to retain under Operating Agreements, based on their determinations of which vessels are most useful for national security. In the event that no funds are appropriated, then no Operating Agreements shall be renewed and each Contractor shall be released from its obligations under the Operating Agreement. Final payments under an Operating Agreement that is not renewed shall be made in accordance with section 53206. To the extent that sufficient funds are appropriated in a subsequent fiscal year, an Operating Agreement that has not been renewed pursuant to this subsection may be reinstated if mutually acceptable to the Secretary, in consultation with the Operating Agency, and the Contractor, provided the vessel remains eligible for participation pursuant to section 53202, without regard to subsection 53202 (b)(3).</ins>
  - <ins>“(e) Release of vessels from obligations—If funds are not appropriated for payments under an Operating Agreement under this chapter for any fiscal year by the 60th day of a fiscal year, and the Secretary, in consultation with the Operating Agency determines to not renew a Contractor’s Operating Agreement for a vessel, then—</ins>
  - <ins>“(1) each vessel covered by the Operating Agreement that is not renewed is thereby released from any further obligation under the Operating Agreement;</ins>
  - <ins>“(2) the owner or operator of the vessel whose Operating Agreement was not renewed may transfer and register such vessel under a foreign registry that is acceptable to the Secretary and the Operating Agency, notwithstanding section 56101 of this title; and</ins>
  - <ins>“(3) if chapter 563 of this title is applicable to such vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563.</ins>
  - <ins>“53205. Obligations and rights under operating agreements</ins>
  - <ins>“(a) Operation of vessel—An Operating Agreement under this chapter shall require that, during the period the vessel is operating under the Agreement, the vessel—</ins>
  - <ins>“(1) shall be operated in the trade for Cable Services, or under a charter to the United States; and</ins>
  - <ins>“(2) shall be documented under chapter 121 of this title.</ins>
  - <ins>“(b) Annual payments by the secretary</ins>
  - <ins>“(1) In general—An Operating Agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make payment to the Contractor in accordance with section 53206.</ins>
  - <ins>“(2) Operating agreement is an obligation of the united states government—An Operating Agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the Operating Agreement to the extent of actual appropriations.</ins>
  - <ins>“(c) Documentation requirement—Each vessel covered by an Operating Agreement (including an Agreement terminated under section 53204(c)(2)) shall remain documented under chapter 121 of this title, until the date the Operating Agreement would terminate according to its own terms.</ins>
  - <ins>“(d) National security requirements</ins>
  - <ins>“(1) In general—A Contractor with respect to an Operating Agreement (including an Agreement terminated under section 53204(c)(2)) shall continue to be bound by the provisions of section 53207 until the date the Operating Agreement would terminate according to its terms.</ins>
  - <ins>“(2) Contingency agreement with operating agency—All terms and conditions of a Contingency Agreement entered into under section 53207 shall remain in effect until a date the Operating Agreement would terminate according to its terms, except that the terms of such Contingency Agreement may be modified by the mutual consent of the Contractor, and the Operating Agency.</ins>
  - <ins>“(e) Transfer of operating agreements—Operating Agreements shall not be transferrable by the Contractor.</ins>
  - <ins>“(f) Replacement vessel—A Contractor may replace a vessel under an Operating Agreement with another vessel that is eligible to be included in the Fleet under section 53202(b), if the Secretary and the Operating Agency jointly determine that the replacement vessel meets national security requirements and approve the replacement.</ins>
  - <ins>“53206. Payments</ins>
  - <ins>“(a) Annual payment</ins>
  - <ins>“(1) In general—The Secretary, subject to availability of appropriations and other provisions of this section, shall pay to the Contractor for an operating agreement, for each vessel that is covered by the operating agreement, an amount equal to $5,000,000 for each fiscal year 2021 through 2035.</ins>
  - <ins>“(2) Timing—This amount shall be paid in equal monthly installments at the end of each month. The amount shall not be reduced except as provided by this section.</ins>
  - <ins>“(b) Certification required for payment—As a condition of receiving payment under this section for a fiscal year for a vessel, the Contractor for the vessel shall certify that the vessel has been and will be operated in accordance with section 53205(a)(1) for 365 days in each fiscal year. Up to thirty (30) days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection.</ins>
  - <ins>“(c) General limitations—The Secretary shall not make any payment under this chapter for a vessel with respect to any days for which the vessel is—</ins>
  - <ins>“(1) not operated or maintained in accordance with an Operating Agreement under this chapter; or</ins>
  - <ins>“(2) more than 40 years of age.</ins>
  - <ins>“(d) Reductions in payments—With respect to payments under this chapter for a vessel covered by an Operating Agreement, the Secretary shall make a pro rata reduction for each day less than 365 in a fiscal year that the vessel is not operated in accordance with section 53205(a)(1), with days during which the vessel is drydocked or undergoing survey, inspection or repair to be considered days on which the vessel is operated as provided in subsection (b).</ins>
  - <ins>“53207. National security requirements</ins>
  - <ins>“(a) Contingency agreement required—The Secretary shall include in each Operating Agreement under this chapter a requirement that the Contractor enter into a Contingency Agreement with the Operating Agency. The Operating Agency shall negotiate and enter into a Contingency Agreement with each Contractor as promptly as practicable after the Contractor has entered into an Operating Agreement under this chapter.</ins>
  - <ins>“(b) Terms of contingency agreement</ins>
  - <ins>“(1) In general—A Contingency Agreement under this section shall require that a Contractor for a vessel covered by an Operating Agreement under this chapter make the vessel, including all necessary resources to engage in Cable Services required by the Operating Agency, available upon request by the Operating Agency.</ins>
  - <ins>“(2) Terms</ins>
  - <ins>“(A) In general—The basic terms of a Contingency Agreement shall be established (subject to subparagraph (B)) by the Operating Agency.</ins>
  - <ins>“(B) Additional terms—The Operating Agency and a Contractor may agree to additional or modifying terms appropriate to the Contractor’s circumstances.</ins>
  - <ins>“(c) Defense measures against unauthorized seizures</ins>
  - <ins>“(1) The Contingency Agreement shall require that any vessel operating under the direction of the Operating Agency operating in area that is designated by the Coast Guard as an area of high risk of piracy shall be equipped with, at a minimum, appropriate non-lethal defense measures to protect the vessel and crew from unauthorized seizure at sea.</ins>
  - <ins>“(2) The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating shall jointly prescribe the non-lethal defense measures that are required under this paragraph.</ins>
  - <ins>“(d) Participation after expiration of operating agreement—Except as provided by section 53205(d), the Operating Agency may not require, through a Contingency Agreement or an Operating Agreement, that a Contractor continue to participate in a Contingency Agreement after the Operating Agreement with the Contractor has expired according to its terms or is otherwise no longer in effect.</ins>
  - <ins>“(e) Resources made available—The resources to be made available in addition to the vessel under a Contingency Agreement shall include all equipment, personnel, supplies, management services, and other related services as the Operating Agency may determine to be necessary to provide the Cable Services required by the Operating Agency.</ins>
  - <ins>“(f) Compensation</ins>
  - <ins>“(1) In general—The Operating Agency shall include in each Contingency Agreement provisions under which the Operating Agency shall pay fair and reasonable compensation for use of the vessel and all Cable Services provided pursuant to this section and the Contingency Agreement.</ins>
  - <ins>“(2) Specific requirements—Compensation under this subsection—</ins>
  - <ins>“(A) shall be at the rate specified in the Contingency Agreement;</ins>
  - <ins>“(B) shall be provided from the time that a vessel is required by the Operating Agency under the Contingency Agreement until the time it is made available by the Operating Agency available to reenter commercial service; and</ins>
  - <ins>“(C) shall be in addition to and shall not in any way reflect amounts payable under section 53206.</ins>
  - <ins>“(g) Liability of the United States for damages</ins>
  - <ins>“(1) Limitation on the liability of the u.s—Except as otherwise provided by law, the Government shall not be liable for disruption of a Contractor’s commercial business or other consequential damages to a Contractor arising from the activation of the Contingency Agreement.</ins>
  - <ins>“(2) Affirmative defense—In any action in any Federal or State court for breach of third-party contract, there shall be available as an affirmative defense that the alleged breach of contract was caused predominantly by action taken to carry out a Contingent Agreement. Such defense shall not release the party asserting it from any obligation under applicable law to mitigate damages to the greatest extent possible.</ins>
  - <ins>“53208. Regulatory relief</ins>
  - <ins>“(a) Applicability of coastwise laws—A vessel covered by an Operating Agreement that is operating pursuant to a Contingency Agreement, shall not be subject to the coastwise laws (46 U.S.C. 55101 et seq.).</ins>
  - <ins>“(b) Telecommunications equipment—The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an Operating Agreement under this chapter shall be deemed to satisfy all Federal Communication Commission equipment certification requirements, if—</ins>
  - <ins>“(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;</ins>
  - <ins>“(2) that country has not been identified by the Secretary of the Department in which the Coast Guard is operating as inadequately enforcing international regulations as to that vessel; and</ins>
  - <ins>“(3) at the end of its useful life, such equipment shall be replaced with equipment that meets Federal Communication Commission equipment certification standards.</ins>
  - <ins>“53209. Authorization of appropriations</ins>
  - <ins>“There are authorized to be appropriated for payments under section 53206, $10,000,000 for each of the fiscal years 2021 through 2035.”</ins>
- (b) <ins>Conforming amendment—</ins> <ins>The table of chapters at the beginning of subtitle V of title 46, United States Code, is amended by inserting before the item relating to chapter 533 the following new item:</ins>