H.R. 2500 — what changed
National Defense Authorization Act for Fiscal Year 2020
From Introduced in House to Reported in House. 46 sections amended, 515 added, and 3 removed between Introduced in House and Reported in House.
Sec. 2 Organization of Act into divisions; table of contents
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Divisions— This Act is organized into four divisions as follows:
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Division A—Department of Defense Authorizations.
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Division B—Military Construction Authorizations.
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Division C—Department of Energy National Security Authorizations and Other Authorizations.
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Division D—Funding Tables.
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Table of contents— The table of contents for this Act is as follows:
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The table of contents for this Act is as follows:
Sec. 3 Congressional defense committees
addedadded In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Sec. 101 Authorization of appropriations
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Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Army Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as follows:specified in the funding table in section 4101.
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For aircraft, $3,696,429,000.
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For weapons and tracked combat vehicles, $4,715,566,000.
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For other procurement, $7,443,101,000.
Sec. 102 Navy and Marine Corps
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Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Navy and Marine Corps as follows:
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For aircraft, $18,522,204,000.
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For shipbuilding and conversion, $23,783,710,000.
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For other procurement, $9,652,956,000.
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For procurement, Marine Corps, $3,090,449,000.
Sec. 103 Air Force
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Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Air Force as follows:
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For aircraft, $16,784,279,000.
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For missiles, $2,889,187,000.
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For space procurement, $2,414,383,000.
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For other procurement, $20,687,857,000.
Sec. 111 Modification of annual report on cost targets for certain aircraft carriers
addedadded Section 126(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended—
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in the subsection heading, by striking “and CVN–80” and inserting “, CVN–80, and CVN–81”;
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in paragraph (1), by striking “costs described in subsection (b) for the CVN–79 and CVN–80” and inserting “cost targets for the CVN–79, the CVN–80, and the CVN–81”; and
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in paragraph (2)—
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in the matter preceding subparagraph (A), by striking “ and the CVN–80” and inserting “, the CVN–80, and the CVN–81”
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in subparagraph (A), by striking “costs described in subsection (b)” and inserting “cost targets”;
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in subparagraph (F), by striking “costs specified in subsection (b)” and inserting “cost targets”; and
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in subparagraph (G), by striking “costs specified in subsection (b)” and inserting “cost targets”.
Sec. 112 Repeal of requirement to adhere to Navy cost estimates for certain aircraft carriers
addedadded Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as most recently amended by section 121(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1309), is repealed.
Sec. 113 Ford class aircraft carrier support for F–35C aircraft
addedadded Before accepting delivery of the Ford class aircraft carrier designated CVN–79, the Secretary of the Navy shall ensure that the aircraft carrier is capable of operating and deploying with the F–35C aircraft.
Sec. 114 Prohibition on use of funds for reduction of aircraft carrier force structure
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended to reduce the number of operational aircraft carriers of the Navy below the number specified in section 8062(b) of title 10, United States Code.
Sec. 115 Design and construction of amphibious transport dock designated LPD–31
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In general— Using funds authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, the Secretary of the Navy may enter into a contract, beginning with the fiscal year 2020 program year, for the design and construction of the amphibious transport dock designated LPD–31.
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Use of incremental funding— With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract.
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Condition for out-year contract payments— The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2020 is subject to the availability of appropriations for that purpose for such later fiscal year.
Sec. 116 Limitation on availability of funds pending quarterly updates on the CH–53K King Stallion helicopter program
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Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for aircraft procurement, Navy, for the CH–53K King Stallion helicopter program, not more than 50 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Navy provides the first briefing required under subsection (b).
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Quarterly briefings required—
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In general— Beginning not later than October 1, 2019, and on a quarterly basis thereafter through October 1, 2022, the Secretary of the Navy shall provide to the Committee on Armed Services of the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program.
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Elements— Each briefing under paragraph (1) shall include, with respect to the CH–53K King Stallion helicopter program, the following:
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An overview of the program schedule.
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A statement of the total cost of the program as of the date of the briefing, including the costs of development, testing, and production.
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A comparison of the total cost of the program relative to the approved acquisition program baseline.
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An assessment of flight testing under the program, including identification of the number of test events have been conducted on-time in accordance with the joint integrated program schedule.
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An update on the correction of technical deficiencies under the program, including—
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identification of the technical deficiencies that have been corrected as of the date of the briefing;
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identification of the technical deficiencies that have been discovered, but not corrected, as of such date;
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an estimate of the total cost of correcting technical deficiencies under the program; and
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an explanation of any significant deviations from the testing and program schedule that are anticipated due to the discovery and correction of technical deficiencies.
Sec. 117 Limitation on availability of funds for VH–92A helicopter
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Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for procurement for the VH–92A helicopter, not more than 75 percent may be obligated or expended until the date on which the Secretary of Navy submits to the Committee on Armed Services of the House of Representatives the report required under subsection (b).
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Report required— The Secretary of the Navy shall submit to the Committee on Armed Services of the House of Representatives a report assessing the status of the VH–92A helicopter program industrial base and the potential impact of proposed manufacturing base changes on the acquisition program. The report shall include a description of—
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estimated effects on the manufacturing readiness level of the VH–92 program due to planned changes to the program manufacturing base;
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the estimated costs and assessment of cost risk to the program due to planned changes to the program manufacturing base;
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any estimated schedule impacts, including impacts on delivery dates for the remaining low-rate initial production lots and full rate production, resulting from changes to the manufacturing base;
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an assessment of the effect of changes to the manufacturing base on VH–92A sustainment; and
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the impact of such changes on production and sustainment capacity for the MH–60 and CH–53K helicopters of the Navy.
Sec. 118 National Defense Reserve Fleet Vessel
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In general— Subject to the availability of appropriations, the Secretary of the Navy, acting through the executive agent described in subsection (e), shall seek to enter into a contract for the construction of one sealift vessel for the National Defense Reserve Fleet.
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Delivery date— The contract entered into under subsection (a) shall specify a delivery date for the sealift vessel of not later than September 30, 2026.
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Design and construction requirements—
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Use of existing design— The design of the sealift vessel shall be based on a domestic or foreign design that exists as of the date of the enactment of this Act.
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Commercial standards and practices— Subject to paragraph (1), the sealift vessel shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.
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Domestic shipyard— The sealift vessel shall be constructed in a shipyard that is located in the United States.
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Certificate and endorsement— The sealift vessel shall meet the requirements necessary to receive a certificate of documentation and a coastwise endorsement under chapter 121 of tile 46, United States Code, and the Secretary of the Navy shall ensure that the completed vessel receives such a certificate and endorsement.
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Executive agent—
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In general— The Secretary of the Navy shall seek to enter into a contract or other agreement with a private-sector entity under which the entity shall act as executive agent for the Secretary for purposes of the contract under subsection (a).
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Responsibilities— The executive agent described in paragraph (1) shall be responsible for—
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selecting a shipyard for the construction of the sealift vessel;
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managing and overseeing the construction of the sealift vessel; and
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such other matters as the Secretary of the Navy determines to be appropriate
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Use of incremental funding— With respect to the contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.
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Sealift vessel defined— In this section, the term “sealift vessel” means the sealift vessel constructed for the National Defense Reserve Fleet pursuant to the contract entered into under subsection (a).
Sec. 121 Modification of requirement to preserve certain C–5 aircraft
addedadded Section 141(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1661) is amended—
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in paragraph (1), by striking “until the date that is 30 days after the date on which the briefing under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 is provided to the congressional defense committees”; and
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in paragraph (2)(A), by striking “can be returned to service” and inserting “is inducted into or maintained in type 1000 recallable storage”.
Sec. 122 Modification of limitation on use of funds for KC–46A aircraft
addedadded Section 146(a)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “the military type certification” and inserting “either the military type certification or a military flight release”.
Sec. 123 F–15EX aircraft program
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Designation of major subprogram— In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate the F–15EX program as a major subprogram of the F–15 aircraft program.
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Limitation— Except as provided in subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure an F–15EX aircraft until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the following documentation relating to the F–15EX program:
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A program acquisition strategy.
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An acquisition program baseline.
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A test and evaluation master plan.
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A life-cycle sustainment plan.
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A post-production fielding strategy.
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Exception for production of prototypes—
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In general— Notwithstanding subsection (b), the Secretary of the Air Force may use the funds described in paragraph (2) to develop, produce, and test not more than two prototypes of the F–15EX aircraft.
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Funds described— The funds described in this paragraph are funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force for any of the following:
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Research and development, nonrecurring engineering.
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Aircraft procurement.
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F–15EX program defined— In this section, the term “F–15EX program” means the F–15EX aircraft program of the Air Force as described in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code).
Sec. 124 Prohibition on availability of funds for reduction in KC–10 primary mission aircraft inventory
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to reduce the number of KC–10 aircraft in the primary mission aircraft inventory of the Air Force.
Sec. 125 Limitation on availability of funds for VC–25B aircraft
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Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 or any subsequent fiscal year for the Air Force may be obligated or expended to carry out over-and-above work on the VC–25B aircraft until the date on which the Secretary of the Air Force certifies to the congressional defense committees that—
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with respect to work relating to aircraft paint scheme, interiors and livery, such work will not result in changes to the VC–25B aircraft that cause the aircraft to exceed—
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the specification requirements applicable to the VC–25A aircraft; or
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the quality or grade of the VC–25A aircraft;
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the livery for the VC–25B aircraft will comply with the criteria set forth in the report of the Boeing Company titled “Phase II Aircraft Livery and Paint Study Final Report” as submitted to the Federal Government in April 2017;
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such work is not a result of late design changes made by the Federal Government to the interior design of the VC–25B aircraft; and
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such work is not a result of rework that exceeds the criteria set forth in the report of the Boeing Company titled “Presidential Quality Interior Acceptance Standards Report” as submitted to the Federal Government in September 2018.
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Over-and-above work defined— In this section, the term “over-and-above work” means work discovered during the course of performing overhaul, maintenance, or repair efforts that—
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is within the general scope of the contract pursuant to which such efforts are carried out;
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is not covered by a line item for the basic work under the contract; and
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is necessary in order to satisfactorily complete the contract.
Sec. 126 Limitation on availability of funds for retirement of RC–135 aircraft
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Limitation— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to retire, or prepare to retire, any RC–135 aircraft until a period of 60 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that—
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technologies other than the RC–135 aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–135 aircraft; and
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the capacity and capabilities of such other technologies meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the operational environment, and direct support for kinetic and nonkinetic operations.
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Exception— The limitation in subsection (a) shall not apply to individual RC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
Sec. 127 Report on aircraft fleet of the Civil Air Patrol
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Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the aircraft fleet of the Civil Air Patrol.
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Elements— The report required by subsection (a) shall include an assessment of each of the following:
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Whether the number of aircraft, types of aircraft, and operating locations that comprise the Civil Air Patrol fleet are suitable for the missions and responsibilities assigned to the Civil Air Patrol, including—
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flight proficiency and training;
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operational mission training; and
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support for cadet orientation and cadet flight training programs in the Civil Air Patrol wing of each State.
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The ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used to determine that ideal size.
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The process used by the Civil Air Patrol and the Air Force to determine the number and location of aircraft operating locations and whether State Civil Air Patrol wing commanders are appropriately involved in that process.
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The process used by the Civil Air Patrol, the Air Force, and other relevant entities to determine the type and number of aircraft that are needed to support the emergency, operational, and training missions of the Civil Air Patrol.
Sec. 131 Economic order quantity contracting and buy-to-budget acquisition for F–35 aircraft program
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Economic order quantity contract authority—
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In general— Subject to paragraphs (2) through (5), from amounts made available for obligation under the F–35 aircraft program for fiscal year 2020, the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2020 program year, for the procurement of economic order quantities of material and equipment that has completed formal hardware qualification testing for the F–35 aircraft program for use in procurement contracts to be awarded for such program during fiscal years 2021, 2022, and 2023.
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Limitation— The total amount obligated under all contracts entered into under paragraph (1) shall not exceed $574,000,000.
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Preliminary findings— Before entering into a contract under paragraph (1), the Secretary of Defense shall make each of the following findings with respect to such contract:
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The use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts.
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The minimum need for the property to be procured is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.
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There is a reasonable expectation that, throughout the contemplated contract period, the Secretary will request funding for the contract at the level required to avoid contract cancellation.
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That there is a stable, certified, and qualified design for the property to be procured and that the technical risks and redesign risks associated with such property are low.
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The estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic.
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Entering into the contract will promote the national security interests of the United States.
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Certification requirement— Except as provided in paragraph (5), the Secretary of Defense may not enter into a contract under paragraph (1) until a period of 30 days has elapsed following the date on which the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied:
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A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most recently available estimates of the program acquisition unit cost or procurement unit cost for such system to determine that the estimates of the unit costs are realistic.
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During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year will include the funding required to execute the program without cancellation.
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The contract is a fixed-price type contract.
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The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities.
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The Secretary has determined that each of the conditions described in subparagraphs (A) through (F) of paragraph (3) will be met by such contract and has provided the basis for such determination to the congressional defense committees.
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The determination under subparagraph (E) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334 of title 10, United States Code, and the analysis supports that determination.
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Exception— Notwithstanding paragraph (4), the Secretary of Defense may enter into a contract under paragraph (1) on or after March 1, 2020, if—
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the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary findings made by the Secretary under paragraph (3) with respect to the contract;
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the Secretary certifies to the congressional defense committees, in writing, that each of the conditions described in subparagraphs (A) through (E) of paragraph (4) is satisfied; and
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a period of 30 days has elapsed following the date on which the Secretary submits the certification under subparagraph (B).
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Buy-to-budget acquisition— Subject to section 2308 of title 10, United States Code, using funds authorized to be appropriated by this Act for the procurement of F–35 aircraft, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act if such additional procurement does not require additional funds to be authorized to be appropriated because of production efficiencies or other cost reductions.
Sec. 132 Program requirements for the F–35 aircraft program
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Designation of major subprogram— In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate F–35 Block 4 as a major subprogram of the F–35 aircraft program.
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Cost estimates—
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Joint cost estimate— The Secretary of the Air Force and the Secretary of the Navy shall jointly develop a joint service cost estimate for the life-cycle costs of the F–35 aircraft program.
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Independent cost estimate— The Director of Cost Assessment and Program Evaluation shall develop an independent cost estimate for the life-cycle costs of the F–35 aircraft program.
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Submittal to Congress— The cost estimates required under paragraphs (1) and (2) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.
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Revision of program elements—
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Revision required— The Secretary of Defense shall revise the program elements applicable to the F–35 aircraft program as follows:
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Research and development— The program element for research and development costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:
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System development and demonstration closeout.
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F–35 Block 4.
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Autonomic logistics information system development and upgrades.
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Dual-capable aircraft.
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Test infrastructure.
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Additional program budget elements, as required, for each modernization or upgrade effort initiated after F–35 Block 4.
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Procurement— The program element for procurement costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:
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Recurring fly-away and ancillary equipment.
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Non-recurring fly-away and ancillary equipment.
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F–35 Block 4.
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Autonomic logistics information system.
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Dual-capable aircraft.
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Engineering support.
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Aircraft retrofit and modification.
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Depot activation.
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Initial spares.
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Production support.
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Inclusion in budget materials— The Secretary of Defense shall ensure that each revised program element described in paragraph (1) is included, with a specific dollar amount, in the materials relating to the F–35 aircraft program submitted to Congress by the Secretary of Defense in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for fiscal year 2021 and each fiscal year thereafter until the date on which the F–35 aircraft program terminates.
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Comptroller General reports—
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Annual report required— Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2021 through 2025, the Comptroller General of the United States shall submit to the congressional defense committees a report on the F–35 aircraft program.
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Elements— Each report under paragraph (1) shall include, with respect to the F–35 aircraft program, the following:
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An assessment of the progress of manufacturing processes improvement under the program.
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The business case analysis of the Department of Defense for F–35 Block 4 follow-on modernization efforts.
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The progress and results of F–35 Block 4 and other follow-on modernization development and testing efforts.
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The Department's schedule for delivering software upgrades in six-month, scheduled increments.
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The progress and results of any other significant hardware development and fielding efforts necessary for F–35 Block 4.
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Any other issues the Comptroller General determines to be appropriate.
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F–35 Block 4 defined— In this section, the term “F–35 Block 4” means Block 4 capability upgrades for the F–35 aircraft program as described in the Selected Acquisition Report for the program submitted to Congress in March 2019, pursuant to section 2432 of title 10, United States Code.
Sec. 133 Reports on F–35 aircraft program
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Report on F–35 reliability and maintainability metrics— The Secretary of Defense shall submit to the congressional defense committees a report on the reliability and maintainability metrics for the F–35 aircraft. The report shall include the following:
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The results of a review and assessment, conducted by the program office for the F–35 aircraft program, of the reliability and maintainability metrics for the aircraft as set forth in the most recent operational requirements document for the program.
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A determination of whether the reliability and maintainability metrics for the aircraft, as set forth in the most recent operational requirements document for the program, are feasible and attainable, and what changes, if any, will be made to update the metrics.
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A certification that the program office for the F–35 aircraft program has revised the reliability and maintainability improvement plan for the aircraft—
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to identify specific and measurable reliability and maintainability objectives in the improvement plan guidance; and
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to identify and document which projects included in the improvement plan will achieve the objectives identified under subparagraph (A).
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Report on F–35 Block 4—
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In general— The Secretary of Defense shall submit to the congressional defense committees a report on F–35 Block 4. The report shall include the following:
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The results of an independent cost estimate for F–35 Block 4 conducted by the Director of Cost Assessment and Program Evaluation.
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A test and evaluation master plan, approved by the Director of Operational Test and Evaluation, that addresses testing resources, testing aircraft shortfalls, and testing funding.
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A technology readiness assessment of all technologies and capabilities planned for F–35 Block 4 conducted by the Under Secretary of Defense for Research and Engineering.
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A review of the feasibility of the continuous capability development and delivery strategy for fielding F–35 Block 4 technologies conducted by the Under Secretary of Defense for Research and Engineering.
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F–35 Block 4 defined— In this subsection, the term “F–35 Block 4” has the meaning given that term in section 132(e).
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Report on F–35 Autonomic Logistics Information System— The Secretary of Defense shall submit to the congressional defense committees a report on the autonomic logistics information system of the F–35 aircraft. The report shall include a description of each of the following:
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All shortfalls, capability gaps, and deficiencies in the system that have been identified as of the date of the enactment of this Act.
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The strategy and performance requirements that will be implemented to improve the system.
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The strategy, implementation plan, schedule, and estimated costs of developing and fielding—
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the next generation of the system; or
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future increments of the system.
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Deadline for submittal— The reports required under subsections (a) through (c) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.
Sec. 201 Authorization of appropriations
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Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation evaluation, as follows:specified in the funding table in section 4201.
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For the Army, $12,192,771,000.
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For the Navy, $20,270,499,000.
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For the Air Force, $45,616,122,000.
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For Defense-wide activities, $24,346,953,000.
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For the Director of Operational Test and Evaluation, $221,200,000.
Sec. 211 Program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics
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Program required— Chapter 111 of title 10, United States Code, is amended by inserting after section 2192a the following new section:
added “2192b. Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics
added “(a) Program required—The Secretary of Defense shall carry out a program to—
added “(1) enhance the preparation of students at covered schools for careers in science, technology, engineering, and mathematics; and
added “(2) provide assistance to teachers at covered schools to enhance preparation described in paragraph (1).
added “(b) Coordination—In carrying out the program, the Secretary shall coordinate with the following:
added “(1) The Secretaries of the military departments.
added “(2) The Secretary of Education.
added “(3) The National Science Foundation.
added “(4) Other organizations as the Secretary of Defense considers appropriate.
added “(c) Activities—Activities under the program may include the following:
added “(1) Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for students and teachers at covered schools.
added “(2) Establishment of scholarships and fellowships for students at covered schools.
added “(3) Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for students and teachers at covered schools, including with respect to improving the development of curricula at covered schools.
added “(4) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for students and teachers at covered schools.
added “(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.
added “(e) Covered schools defined—In this section, the term “covered schools” means elementary or secondary schools at which the Secretary determines a significant number of dependents of members of the armed forces are enrolled.”
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Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192a the following new item:
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Conforming repeal— Section 233 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2193a note) is repealed.
Sec. 212 Temporary inclusion of joint artificial intelligence center of the Department of Defense in personnel management authority to attract experts in science and engineering
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In general— Subsection (a) of section 1599h of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(6) Joint Artificial Intelligence Center—The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.”
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Scope of appointment authority— Subsection (b)(1) of such section is amended—
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in subparagraph (D), by striking “and” at the end;
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in subparagraph (E), by adding “and” at the end; and
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by adding at the end the following new subparagraph:
added “(F) in the case of the Joint Artificial Intelligence Center, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Center;”
added
Extension of terms of appointment— Subsection (c)(2) of such section is amended by striking “or the Defense Innovation Unit Experimental” and inserting “the Defense Innovation Unit Experimental, or the Joint Artificial Intelligence Center”.
Sec. 213 Joint Hypersonics Transition Office
addedadded Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358 note) is amended—
added
in subsection (a), by striking “the program required under subsection (b), and shall” and inserting “the program and activities described in subsections (d) through (g), and shall”;
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by redesignating subsections (b) through (e) as subsections (d) through (g), respectively;
added
by inserting after subsection (a) the following new subsections:
added “(b) Director—There is a Director of the Office (referred to in this section as the “Director”). The Director shall be appointed by the Secretary of Defense and shall serve as the senior official in the Department of Defense with principal responsibility for carrying out the program and activities described in subsections (d) through (g). The Director shall report to the Assistant Director for Hypersonics within the Office of the Under Secretary of Defense for Research and Engineering.
added “(c) University consortium
added “(1) Designation—The Director shall designate a consortium of institutions of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to lead foundational hypersonic research in research areas that the Director determines to be appropriate for the Department of Defense.
added “(2) Availability of information—The Director shall ensure that the research results and reports of the consortium are made available across the Federal Government, the private sector, and academia, consistent with appropriate security classification guidance.”
added
in subsection (d), by striking “The Office” and inserting “The Director”;
added
in subsection (e), as so redesignated—
added
in the matter preceding paragraph (1), by striking “program required by subsection (b), the Office” and inserting “program required by subsection (d), the Director”;
added
in paragraph (3)(A), by striking “private sector” and inserting “private-sector academic”; and
added
in paragraph (5), by striking “certified under subsection (e) as being consistent with the roadmap under subsection (d)” and inserting “certified under subsection (g) as being consistent with the roadmap under subsection (f)”;
added
in subsection (f), as so redesignated—
added
in paragraph (3)—
added
in subparagraph (C)—
added
in clause (i), by striking “and” at the end;
added
in clause (ii), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new clause:
added “(iii) the activities and resources of the consortium designated by the Director under subsection (c) to be leveraged by the Department to meet such goals.”
added
in subparagraph (D), by striking “facilities” both places it appears and inserting “facilities and infrastructure”; and
added
by adding at the end the following new paragraph:
added “(4) Submittal to Congress
added “(A) Initial submission—Not later than 180 days after the date of the enactment of this paragraph, the Secretary of Defense shall submit to the congressional defense committees the roadmap developed under paragraph (1).
added “(B) Subsequent submissions—The Secretary of Defense shall submit to the congressional defense committees each roadmap revised under paragraph (1) together with the budget submitted to Congress under section 1105 of title 31, United States Code, for the fiscal year concerned.”
added
in subsection (g), as so redesignated—
added
by striking “subsection (d)” each place it appears and inserting “subsection (f)”;
added
in paragraph (1)—
added
in the matter preceding subparagraph (A), by striking “The Office” and insert “The Director”;
added
in subparagraph (A) by striking “research, development, test, and evaluation and demonstration programs within the Department of Defense” and inserting “defense-wide research, development, test, and evaluation and demonstration programs”; and
added
in subparagraph (B), by striking “the hypersonics” and inserting “all hypersonics”;
added
in paragraph (2), by striking “The Office” and inserting “The Director”; and
added
in paragraph (3), by striking “2016” and inserting “2026”; and
added
by adding at the end the following new subsection:
added “(h) Funding—The Secretary may make available such funds to the Office for basic research, applied research, advanced technology development, prototyping, studies and analyses, and organizational support as the Secretary considers appropriate to support the efficient and effective development of hypersonics technologies and transition of those systems and technologies into acquisition programs or operational use.”
Sec. 214 Modification of proof of concept commercialization program
added
added
Extension of program— Section 1603(g) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2359 note) is amended by striking “2019” and inserting “2024”.
added
Additional improvements— Section 1603 of such Act, as amended by subsection (a), is further amended—
added
in the section heading, by inserting “of dual-use technology” after “commercialization”;
added
in subsection (a)—
added
by inserting “of Dual-Use Technology” before “Program”; and
added
by inserting “with a focus on priority defense technology areas that attract public and private sector funding, as well as private sector investment capital, including from venture capital firms in the United States,” before “in accordance”;
added
in subsection (c)(4)(A)(iv), by inserting “, which may include access to venture capital” after “award”;
added
by striking subsection (d);
added
by redesignating subsection (e) as subsection (d);
added
by striking subsection (f); and
added
by adding at the end the following new subsection (e):
added “(e) Authorities—In carrying out this section, the Secretary may use the following authorities:
added “(1) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.
added “(2) Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.
added “(3) Section 2374a of such title, relating to prizes for advanced technology achievements.
added “(4) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
added “(5) Section 2521 of such title, relating to the Manufacturing Technology Program.
added “(6) Section 225 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note).
added “(7) Section 1711 of such Act (Public Law 115–91; 10 U.S.C. 2505 note), relating to a pilot program on strengthening manufacturing in the defense industrial base.
added “(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.”
Sec. 215 Contract for national security research studies
added
added
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.
added
Terms of contract— The contract entered into under subsection (a) shall be an indefinite delivery-indefinite quantity contract with terms substantially similar to the terms of the contract in effect before March 28, 2019, under which JASON provided national security research studies to the Department of Defense (solicitation number HQ0034-19-R-0011 for JASON National Security Research Studies).
added
Termination— The Secretary of Defense may not terminate the contract under subsection (a) until a period of 90 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the intent of the Secretary to terminate the contract.
Sec. 216 JASON Scientific Advisory Group
addedadded Pursuant to section 173 of title 10, United States Code, the Secretary of Defense shall seek to engage the members of the private scientific advisory group known as “JASON” as advisory personnel to provide advice, on an ongoing basis, on matters involving science, technology, and national security, including methods to defeat existential and technologically-amplified threats to national security.
Sec. 217 Direct Air Capture and Blue Carbon Removal Technology Program
added
added
Program authorized—
added
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.
added
Program goals— The goals of the program established under paragraph (1) are as follows:
added
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.
added
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.
added
To develop direct air capture technologies for use—
added
at military installations or facilities of the Department of Defense; or
added
in modes of transportation by the Navy or the Coast Guard.
added
Phases— The program established under paragraph (1) shall be carried out in two phases as follows:
added
The first phase may consist of research and development and shall be carried out as described in subsection (b).
added
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.
added
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”).
added
Research and development phase—
added
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).
added
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—
added
at military installations or facilities of the Department of Defense; or
added
in modes of transportation by the Navy or the Coast Guard.
added
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.
added
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.
added
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.
added
Testing and evaluation phase—
added
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.
added
Direct air capture— The testing and evaluation phase of the Program may include demonstration projects for direct air capture to produce fuel for use—
added
at military installations or facilities of the Department of Defense; or
added
in modes of transportation by the Navy or the Coast Guard.
added
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.
added
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.
added
Locations— The Secretary shall carry out the testing and evaluation phase of the Program at military installations or facilities of the Department of Defense.
added
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.
added
Definitions— In this section:
added
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.
added
Direct air capture—
added
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.
added
Exclusion— The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—
added
that is deliberately released from a naturally occurring subsurface spring; or
added
using natural photosynthesis.
added
Eligible laboratory— The term “eligible laboratory” means—
added
a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
added
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));
added
the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and
added
other facilities that support the research development, test, and evaluation activities of the Department of Defense or Department of Energy.
Sec. 218 Foreign malign influence operations research program
added
added
Program required— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a research program on foreign malign influence operations research as part of the university and other basic research programs of the Department of Defense (such as the Minerva Research Initiative).
added
Program objectives— The objectives of the research program shall be the following:
added
To enhance the understanding of foreign malign influence operations, including activities conducted on social media platforms.
added
To facilitate the compilation, analysis, and storage of publicly available or voluntarily provided indicators of foreign malign influence operations, including those appearing on social media platforms, for the purposes of additional research.
added
To promote the development of best practices relating to tactics, techniques, procedures, and technology for the protection of the privacy of the customers and users of the social media platforms and the proprietary information of the social media companies in conducting research and analysis or compiling and storing indicators and key trends of foreign malign influence operations on social media platforms.
added
To promote collaborative research and information exchange with other relevant entities within the Department and with other agencies relating to foreign malign influence operations.
added
Program activities— In order to achieve the objectives specified in subsection (b), the Secretary is authorized to carry out the following activities:
added
The Secretary may award research grants to eligible individuals and entities on a competitive basis.
added
The Secretary may award financial assistance to graduate students on a competitive basis.
added
Report— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in carrying out the research program under this section, including a description of the activities and research conducted as part of the program.
Sec. 219 Sensor data integration for fifth generation aircraft
added
added
F–35 sensor data— The Secretary of Defense shall ensure that—
added
information collected by the passive and active on-board sensors of the F–35 Joint Strike Fighter aircraft is capable of being shared, in real time, with joint service users in cases in which the Joint Force Commander determines that sharing such information would be operationally advantageous; and
added
the Secretary has developed achievable, effective, and suitable concepts and supporting technical architectures to collect, store, manage, and disseminate information collected by such sensors.
added
GAO study and report—
added
Study— The Comptroller General of the United States shall conduct a study of the sensor data collection and dissemination capability of fifth generation aircraft of the Department of Defense.
added
Elements— The study required by paragraph (1) shall include an assessment of the following—
added
the extent to which the Department has established doctrinal, organizational, or technological methods of managing the large amount of sensor data that is currently collected and which may be collected by existing and planned advanced fifth generation aircraft;
added
the status of the existing sensor data collection, storage, dissemination, and management capability and capacity of fifth generation aircraft, including the F–35, the F–22, and the B–21; and
added
the ability of the F–35 aircraft and other fifth generation aircraft to share information collected by the aircraft in real-time with other joint service users as described in subsection (a)(1).
added
Study results—
added
Interim briefing— Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under this subsection.
added
Final results— The Comptroller General shall provide the final results of the study conducted under this subsection to the congressional defense committees at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of the briefing under subparagraph (A).
Sec. 220 Documentation relating to Advanced Battle Management System
added
added
Documentation required— Not later than the date specified in subsection (b), the Secretary of the Air Force shall submit to the congressional defense committees the following documentation relating to the Advanced Battle Management System:
added
A list that identifies each program, project, and activity that comprises the System.
added
The final analysis of alternatives for the System.
added
An acquisition strategy for the System, including—
added
an outline of each increment of the System; and
added
the date on which each increment will reach initial operational capability and full operational capability, respectively.
added
A capability development document for the System.
added
An acquisition program baseline for the System.
added
A test and evaluation master plan for the System.
added
A life-cycle sustainment plan for the System.
added
Date specified— The date specified in this subsection is the earlier of—
added
the date that is 180 days after the date on which the final analysis of alternatives for the Advanced Battle Management System is completed; or
added
April 1, 2020.
added
Advanced Battle Management System defined— In this section, the term “Advanced Battle Management System” means the Advanced Battle Management System of Systems capability of the Air Force, including each program, project, and activity that comprises such capability.
Sec. 221 Documentation relating to B–52 commercial engine replacement program
added
added
Documentation required— The Secretary of the Air Force shall submit to the congressional defense committees the following documentation relating to the B–52 commercial engine replacement program of the Air Force:
added
A capability development document for the program, approved by the Secretary of the Air Force.
added
A test and evaluation master plan for the program, approved by the Director of Operational Test and Evaluation.
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a).
Sec. 222 Diversification of the science, technology, research, and engineering workforce of the Department of Defense
added
added
Assessment required—
added
In general— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall conduct an assessment of critical skillsets required across the science, technology, research, and engineering workforce of the Department of Defense to support emerging and future warfighter technologies.
added
Elements— The assessment required by paragraph (1) shall include analysis of the following:
added
The percentage of women and minorities employed in the workforce as of the date of the assessment.
added
The percentage of grants, fellowships, and funding awarded to minorities and women.
added
The effectiveness of existing hiring and attraction incentives, other encouragements, and required service agreement commitments in attracting and retaining minorities and women in the workforce of the Department after such individuals complete work on Department-funded research projects, grant projects, fellowships, and STEM programs.
added
The geographical diversification of the workforce and the operating costs of the workforce across various geographic regions.
added
Plan required—
added
In general— Based on the results of the assessment conducted under subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop and implement a plan to diversify and strengthen the science, technology, research, and engineering workforce of the Department of Defense.
added
Elements— The plan required by paragraph (1) shall—
added
align with science and technology strategy priorities of the Department of Defense, including the emerging and future warfighter technology requirements identified by the Department;
added
except as provided in subsection (c)(2), set forth steps for the implementation of each recommendation included in the 2013 report of the RAND corporation titled “First Steps Toward Improving DoD STEM Workforce Diversity”;
added
harness the full range of the Department’s STEM programs and other Department-sponsored programs to develop and attract top talent;
added
use existing authorities to attract and retain students, academics, and other talent;
added
establish and use contracts, agreements, or other arrangements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including historically black colleges and universities and other minority-serving institutions (as described in section 371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy and efficient access to research and researchers for Government-sponsored basic and applied research and studies at each institution, including contracts, agreements, and other authorized arrangements such as those authorized under—
added
section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note); and
added
such other authorities as the Secretary determines to be appropriate; and
added
include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the plan.
added
Submittal to Congress— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
added
the plan developed under paragraph (1); and
added
with respect to each recommendation described in paragraph (2)(B) that the Secretary implemented or expects to implement—
added
a summary of actions that have been taken to implement the recommendation; and
added
a schedule, with specific milestones, for completing the implementation of the recommendation.
added
Deadline for implementation—
added
In general— Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall carry out activities to implement the plan developed under subsection (b).
added
Exception for implementation of certain recommendations—
added
Delayed implementation— The Secretary of Defense may commence implementation of a recommendation described in subsection (b)(2)(B) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.
added
Nonimplementation— The Secretary of Defense may opt not to implement a recommendation described in subsection (b)(2)(B) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—
added
a specific justification for the decision not to implement the recommendation; and
added
a summary of the alternative actions the Secretary plans to take to address the issues underlying the recommendation.
added
STEM defined— In this section, the term “STEM” means science, technology, engineering, and mathematics.
Sec. 223 Policy on the talent management of digital expertise and software professionals
added
added
Policy—
added
In general— It shall be a policy of the Department of Defense to promote and maintain digital expertise and software development as core competencies of civilian and military workforces of the Department, and as a capability to support the National Defense Strategy, which policy shall be achieved by—
added
the recruitment, development, and incentivization of retention in and to the civilian and military workforce of the Department of individuals with aptitude, experience, proficient expertise, or a combination thereof in digital expertise and software development;
added
at the discretion of the Secretaries of the military departments, the development and maintenance of civilian and military career tracks related to digital expertise, and related digital competencies for members of the Armed Forces, including the development and maintenance of training, education, talent management, incentives, and promotion policies in support of members at all levels of such career tracks; and
added
the development and application of appropriate readiness standards and metrics to measure and report on the overall capability, capacity, utilization, and readiness of digital engineering professionals to develop and deliver operational capabilities and employ modern business practices.
added
Definitions— For purposes of this section, “digital engineering” is the discipline and set of skills involved in the creation, processing, transmission, integration, and storage of digital data, (including but not limited to data science, machine learning, software engineering, software product management, and artificial intelligence product management).
added
Responsibility—
added
Appointment of Officer— Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall appoint a civilian official responsible for the development and implementation of the policy set forth in subsection (a). The official shall be known as the “Chief Digital Engineering Recruitment and Management Officer of the Department of Defense” (in this section referred to as the “Officer”).
added
Expiration of appointment— The appointment of the Officer under paragraph (1) shall expire on September 30, 2029.
added
Duties— In developing and providing for the discharge of the policy set forth in subsection (a), the Officer shall work with the Assistant Secretaries of the military departments for Manpower and Reserve Affairs to carry out the following:
added
Develop for, and enhance within, the recruitment programs of each Armed Force various core initiatives, programs, activities, and mechanisms, tailored to the unique needs of each Armed Force, to identify and recruit civilian employees and members of the Armed Forces with demonstrated aptitude, interest, and proficiency in digital engineering, and in science, technology, engineering, and mathematics (STEM) generally, including initiatives, programs, activities, and mechanisms to target populations of individuals not typically aware of opportunities in the Department of Defense for a digital engineering career.
added
Identify and share with the military departments best practices around the development of flexible career tracks and identifiers for digital engineering and related digital competencies and meaningful opportunities for career development, talent management, and promotion within such career tracks.
added
Develop and maintain education, training, doctrine, rotational opportunities, and professional development activities to support the civilian and military digital engineering workforce.
added
Coordinate and synchronize digital force management activities throughout the Department of Defense, advise the Secretary of Defense on all matters pertaining to the health and readiness of digital forces, convene a Department-wide executive steering group, and submit to Congress an annual report on the readiness of digital forces and progress toward achieving the policy set forth in subsection (a).
added
Create a Department-wide mechanism to track digital expertise in the workforce, develop and maintain organizational policies, strategies, and plans sufficient to build, maintain, and refresh internal capacity at scale, and report to the Secretary quarterly on the health and readiness the digital engineering workforce.
added
Assist the military departments in designing, developing, and executing programs and incentives to retain, track, and oversee digital expertise among civilian employees of the Department and members of the Armed Forces on active duty.
added
At the request of the Chief of Staff of an Armed Force, or the head of another component or element of the Department, undertake an executive search for key leadership positions in digital engineering in such Armed Force, component, or element, and develop and deploy agile hiring processes to fill such positions.
added
Identify necessary changes in authorities, policies, resources, or a combination thereof to further the policy set forth in subsection (a), and submit to Congress a report on such changes.
added
Implementation plan— Not later than May 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to carry out the requirements of this section. The plan shall include the following:
added
An assessment of progress of the Secretary in recruiting an individual to serve as the Officer required to be appointed under subsection (b).
added
A timeline for implementation of the requirements of this section, including input from each military department on its unique timeline.
added
Recommendations for any legislative or administrative action required to meet the requirements of this section.
Sec. 224 Development and implementation of digital engineering capability and automated software testing and evaluation
added
added
Capability required—
added
In general— The Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation shall jointly design, develop, and implement a digital engineering capability and infrastructure—
added
to provide technically accurate digital models to the acquisition process; and
added
to serve as the foundation for automated approaches to software testing and evaluation.
added
Elements— The capability developed under subsection (a) shall consist of digital platforms that may be accessed by individuals throughout the Department who have responsibilities relating to the development, testing, evaluation, and operation of software. The platforms shall enable such individuals to—
added
use systems-level digital representations and simulation environments;
added
perform automated software testing based on criteria developed, in part, in consultation with the Under Secretary’s developmental test organization and the Director to satisfy program operational test requirements; and
added
perform testing on a repeatable, frequent, and iterative basis.
added
Pilot programs—
added
In general— The Under Secretary and Director shall carry out pilot programs to demonstrate whether it is possible for automated testing to satisfy—
added
developmental test requirements for the software-intensive programs of the Department of Defense; and
added
the Director’s operational test requirements for such programs.
added
Number of pilot programs— The Under Secretary and Director shall carry out not fewer than four and not more than ten pilot programs under this section.
added
Requirements— For each pilot program carried out under paragraph (1), the Under Secretary and Director shall—
added
conduct a cost-benefit analysis that compares the costs and benefits of the digital engineering and automated testing approach of the pilot program to the nondigital engineering based approach typically used by the Department of Defense;
added
ensure that the intellectual property strategy for the pilot program supports the data required to operate the models used under the program; and
added
develop a workforce and infrastructure plan to support any new policies and guidance implemented during the pilot program or after the completion of the program.
added
Considerations— In carrying out paragraph (1), the Under Secretary and Director may consider using the authorities provided under sections 873 and 874 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).
added
Report— Not later than 90 days after the date of the enactment of this Act, the Under Secretary and Director shall submit to the congressional defense committees a report that includes a description of—
added
each pilot program that will be carried out under paragraph (1);
added
software programs that may be used as part of each pilot program;
added
selection criteria and intellectual property and licensing issues relating to such software programs;
added
any recommendations for changes to existing law to facilitate the implementation of the pilot programs; and
added
such other matters as the Under Secretary and Director determine to be relevant.
added
Termination— Each pilot program carried out under paragraph (1) shall terminate not later than December 31, 2025.
added
Policies and guidance required—
added
In general— The Under Secretary and the Director shall issue policies and guidance to implement—
added
the digital engineering capability and infrastructure developed under subsection (a); and
added
the pilot programs carried out under subsection (b).
added
Elements— The policies and guidance issued under paragraph (1) shall—
added
specify procedures for developing and maintaining digital engineering models and the automated testing of software throughout the program life cycle;
added
include processes for automated testing of developmental test requirements and operational test requirements;
added
include processes for automated security testing, including—
added
penetration testing; and
added
vulnerability scanning;
added
include processes for security testing performed by individuals, including red team assessments with zero-trust assumptions;
added
encourage the use of an automated testing capability instead of acquisition-related processes that require artifacts to be created for acquisition oversight but are not used as part of the engineering process;
added
support the high-confidence distribution of software to the field on a time-bound, repeatable, frequent, and iterative basis;
added
provide technically accurate models, including models of system design and performance, to the acquisition process; and
added
ensure that models are continually updated with the newest design, performance, and testing data.
added
Consultation— In carrying out subsections (a) through (c), the Under Secretary and Director shall consult with—
added
the Under Secretary of Defense for Acquisition and Sustainment;
added
the service acquisition executives;
added
the service testing commands; and
added
the Defense Digital Service.
added
Report required— Not later one year after the date of the enactment of this Act, the Under Secretary and Director shall submit to the congressional defense committees a report on the progress of the Under Secretary and Director in carrying out subsections (a) through (c). The report shall include—
added
an independent assessment conducted by the Defense Innovation Board of the progress made as of the date of the report;
added
an explanation of how the results of the pilot programs carried out under subsection (b) will inform subsequent policy and guidance, particularly the policy and guidance of the Director of Operational Test and Evaluation; and
added
any recommendations for changes to existing law to facilitate the implementation of subsections (a) through (c).
added
Definitions— In this section:
added
The term “Under Secretary and Director” means the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, acting jointly.
added
The term “digital engineering” means an integrated digital approach that uses authoritative sources of system data and models as a continuum across disciplines to support life-cycle activities from concept through disposal.
added
The term “zero-trust assumption” means a security architecture philosophy designed to prevent all threats, including insider threats and outsider threats.
added
The term “red team assessment” means penetration tests and operations performed on a system to emulate a capable adversary to expose security vulnerabilities.
Sec. 225 Process to align policy formulation and emerging technology development
added
added
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.
added
Elements— As part of the process established under subsection (a), the Secretary shall—
added
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;
added
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—
added
to share information with the Under Secretary;
added
to communicate plans for the fielding and use of emerging technology to the Under Secretary; and
added
to coordinate activities relating to such technology with the Under Secretary; and
added
incorporate procedures for the legal review of—
added
weapons that incorporate emerging technology; and
added
treaties that may be affected by such technology.
added
Reports required—
added
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).
added
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.
added
Definitions— In this section:
added
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.
added
The term “emerging technology” means technology determined to be in an emerging phase of development by the Secretary of Defense and includes quantum computing, technology for the analysis of large and diverse sets of data (commonly known as “big data analytics”), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, and biotechnology.
Sec. 226 Limitation on transition of Strategic Capabilities Office of the Department of Defense
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Limitation— The Secretary of Defense may not transition or transfer the functions of the Strategic Capabilities Office of the Department of Defense to another organization or element of the Department until—
added
the plan required under subsection (b) has been submitted to the congressional defense committees; and
added
a period of 30 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the intent of the Secretary to transition or transfer the functions of the Office.
added
Plan required—
added
In general— The Secretary of Defense shall submit to the congressional defense committees a plan for the transition or transfer of the functions of the Strategic Capabilities Office to another organization or element of the Department of Defense.
added
Elements— The plan required under paragraph (1) shall include the following:
added
A timeline for the potential transition or transfer of the activities, functions, programs, plans, and resources of the Strategic Capabilities Office.
added
The status of funding and execution of current Strategic Capabilities Office projects, including a strategy for mitigating risk to current projects during the transition or transfer.
added
The impact of the transition or transfer on the ability of the Department to rapidly address Combatant Command requirements.
added
The impact of the transition or transfer on the cultural attributes and core competencies of the Strategic Capabilities Office and any organization or element of the Department of Defense affected by the realignment of the Office.
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An assessment of the impact of the transition or transfer on the relationships of the Strategic Capabilities Office with the military departments, Combatant Commands, Department of Defense laboratories, the intelligence community, and other research and development activities.
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Budget and programming realignment and prioritization of Research, Development, Testing, and Evaluation budget activity that will be carried out as a result of the transition or transfer.
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The status of the essential authorities of the Director of the Strategic Capabilities Office, including acquisition authorities, personnel management authorities, the authority to enter into support agreements and strategic partnerships, and original classification authority.
added
Form of plan— The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sec. 231 Master plan for implementation of authorities relating to science and technology reinvention laboratories
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Plan required— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop a master plan for using current authorities and responsibilities to strengthen and modernize the workforce and capabilities of the science and technology reinvention laboratories of the Department of Defense (referred to in this section as the “laboratories”) to enhance the ability of the laboratories to execute missions in the most efficient and effective manner.
added
Elements— The master plan required under subsection (a) shall include, with respect to the laboratories, the following:
added
A summary of hiring and staffing deficiencies at laboratories, by location, and the effect of such deficiencies on the ability of the laboratories—
added
to meet existing and future requirements of the Department of Defense; and
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to recruit and retain qualified personnel.
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A summary of existing and emerging military research, development, test, and evaluation mission areas requiring the use of the laboratories.
added
An explanation of the laboratory staffing capabilities required for each mission area identified under paragraph (2).
added
Identification of specific projects, including hiring efforts and management reforms, that will be carried out—
added
to address the deficiencies identified in paragraph (1); and
added
to support the existing and emerging mission areas identified in paragraph (2).
added
For each project identified under paragraph (4)—
added
a summary of the plan for the project;
added
an explanation of the level of priority that will be given to the project; and
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a schedule of required investments that will be made as part of the project.
added
A description of how the Department, including each military department concerned, will carry out the projects identified in paragraph (3) using—
added
current authorities and responsibilities; and
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such other authorities as are determined to be relevant by the Secretary of Defense.
added
Identification of any statutory barriers to implementing the master plan and legislative proposals to address such barriers.
added
Consultation— In developing the master plan required under subsection (a), the Secretary of Defense and the Under Secretary of Defense for Research and Engineering shall consult with—
added
the Secretary of each military department;
added
the Service Acquisition Executives with responsibilities relevant to the laboratories;
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the commander of each military command with responsibilities relating to research and engineering that is affected by the master plan; and
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any other officials determined to be relevant by the Secretary of Defense and the Under Secretary of Defense for Research and Engineering.
added
Initial report— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report that identifies any barriers that prevent the full use and implementation of current authorities and responsibilities and such other authorities as are determined to be relevant by the Secretary of Defense, including any barriers presented by the policies, authorities, and activities of—
added
organizations and elements of the Department of Defense; and
added
organizations outside the Department.
added
Final report— Not later than October 30, 2020, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees—
added
the master plan developed under subsection (a); and
added
a report on the activities carried out under this section.
Sec. 232 Master plan for infrastructure required to support research, development, test, and evaluation missions
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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.
added
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:
added
A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department—
added
to meet current and future military requirements identified in the National Defense Strategy;
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to support science and technology development and acquisition programs; and
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to recruit and train qualified personnel.
added
A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure—
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to improve operations in a manner that may benefit all users;
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to enhance the overall capabilities of the research, development, test, and evaluation infrastructure, including facilities and resources;
added
to improve safety for personnel and facilities; and
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to reduce the long-term cost of operation and maintenance.
added
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).
added
For each project identified under paragraph (3)—
added
a description of the scope of work;
added
a cost estimate;
added
a summary of the plan for the project;
added
an explanation of the level of priority that will be given to the project; and
added
a schedule of required infrastructure investments.
added
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—
added
military construction authority under section 2802 of title 10, United States Code;
added
unspecified minor military construction authority under section 2805(a) of such title;
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laboratory revitalization authority under section 2805(d) of such title;
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the authority to carry out facility repair projects, including the conversion of existing facilities, under section 2811 of such title;
added
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);
added
methods that leverage funding from entities outside the Department, including public-private partnerships, enhanced use leases, real property exchanges; and
added
any other authorities and methods determined to be appropriate by the Secretary of Defense.
added
Identification of any statutory, regulatory, or policy barriers to implementing the master plan and regulatory, policy, or legislative proposals to address such barriers.
added
Consultation and use of contract authority— In implementing the plan required under subsection (a), the Secretary of Defense shall—
added
consult with existing and anticipated users of the Major Range and Test Facility Base; and
added
consider using the contract authority provided to the Secretary under section 2681 of title 10, United States Code.
added
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).
added
Research and development infrastructure defined— In this section, the term “research, development, test, and evaluation infrastructure” means the infrastructure of—
added
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));
added
the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and
added
other facilities that support the research development, test, and evaluation activities of the Department.
Sec. 233 Strategy and implementation plan for fifth generation information and communications technologies
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added
In general— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop—
added
a strategy for harnessing fifth generation (commonly known as “5G”) information and communications technologies to enhance military capabilities, maintain a technological advantage on the battlefield, and accelerate the deployment of new commercial products and services enabled by 5G networks throughout the Department of Defense; and
added
a plan for implementing the strategy developed under paragraph (1).
added
Elements— The strategy required under subsection (a) shall include the following elements:
added
Adoption and use of secure fourth generation (commonly known as “4G”) communications technologies and the transition to advanced and secure 5G communications technologies for military applications.
added
Science, technology, research, and development efforts to facilitate the advancement and adoption of 5G technology and new uses of 5G systems, subsystems, and components, including—
added
5G testbeds for developing military applications; and
added
spectrum-sharing technologies and frameworks.
added
Strengthening engagement and outreach with industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to 5G technology.
added
Defense industrial base supply chain risk, management, and opportunities.
added
Preserving the ability of the Joint Force to achieve objectives in a contested and congested spectrum environment.
added
Strengthening the ability of the Joint Force to conduct full spectrum operations that enhance the military advantages of the United States.
added
Securing the information technology and weapon systems of the Department against malicious activity.
added
Such other matters as the Secretary of Defense determines to be relevant.
added
Consultation— In developing the strategy and implementation plan required under subsection (a), the Secretary of Defense shall consult with the following:
added
The Chief Information Officer of the Department of Defense.
added
The Under Secretary of Defense for Research and Engineering.
added
The Under Secretary of Defense for Acquisition and Sustainment.
added
The Under Secretary of Defense for Intelligence.
added
Service Acquisition Executives of each military service.
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in developing the strategy and implementation plan required under subsection (a).
Sec. 234 Department-wide software science and technology strategy
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added
Designation of senior official— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall designate a single official or existing entity within the Department of Defense as the official or entity (as the case may be) with principal responsibility for guiding the direction of research and development of next generation software and software intensive systems for the Department, including the research and development of—
added
new technologies for the creation of highly secure, reliable, and mission-critical software; and
added
new approaches to software development, data-based analytics, and next generation management tools.
added
Development of strategy— The official or entity designated under subsection (a) shall develop a Department-wide strategy for the research and development of next generation software and software intensive systems for the Department of Defense, including strategies for—
added
types of software innovation efforts within the science and technology portfolio of the Department;
added
investment in new approaches to software development, data-based analytics, and next generation management tools;
added
ongoing research and other support of academic, commercial, and development community efforts to innovate the software development, engineering, and testing process;
added
to the extent practicable, implementing the recommendations set forth in—
added
the final report of the Defense Innovation Board submitted to the congressional defense committees under section 872 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1497); and
added
the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems described in section 868 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2223 note);
added
supporting the acquisition, technology development, and test and operational needs of the Department through the development of capabilities, including personnel and infrastructure, and programs in—
added
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));
added
the facilities of the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and
added
the Defense Advanced Research Projects Agency; and
added
the transition of relevant capabilities and technologies to information technology programs of the Department, including software intensive tactical systems, enterprise systems, and business systems.
added
Submittal to Congress— Not later than one year after the date of the enactment of this Act, the official or entity designated under subsection (a) shall submit to the congressional defense committees the strategy developed under subsection (b).
Sec. 235 Artificial intelligence education strategy
added
added
Strategy required—
added
In general— The Secretary of Defense shall develop a strategy for educating service members in relevant occupational fields on matters relating to artificial intelligence.
added
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—
added
artificial intelligence design;
added
software coding;
added
potential military applications for artificial intelligence;
added
the impact of artificial intelligence on military strategy and doctrine;
added
artificial intelligence decisionmaking via machine learning and neural networks;
added
ethical issues relating to artificial intelligence;
added
the potential biases of artificial intelligence;
added
potential weakness in artificial intelligence technology; and
added
any other matters the Secretary of Defense determines to be relevant.
added
Implementation plan—
added
In general— The Secretary of Defense shall develop a plan for implementing the strategy developed under subsection (a).
added
Elements— The implementation plan required under paragraph (1) shall identify the following:
added
The military occupational specialties (applicable to enlisted members and officers) that are most likely to involve interaction with artificial intelligence technology.
added
The specific occupational specialties that will receive training in accordance with the curriculum described in subsection (a)(2).
added
The duration of the training.
added
The context in which the training will be provided, which may include basic training, occupationally specific training, and professional military education.
added
Metrics for evaluating the effectiveness of the training and curriculum.
added
Any other issues the Secretary of Defense determines to be relevant.
added
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—
added
the strategy developed under subsection (a); and
added
the implementation plan developed under subsection (b).
Sec. 236 Biannual report on the Joint Artificial Intelligence Center
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added
Report— Not later than 90 days after the date of the enactment of this Act and biannually thereafter through the end of 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the Joint Artificial Intelligence Center (referred to in this section as the “Center”).
added
Elements— Each report under subsection (a) shall include the following:
added
Information relating to the mission and objectives of the Center.
added
A description of the National Mission Initiatives, Component Mission Initiatives, and any other initiatives of the Center, including a description of—
added
the activities carried out under the initiatives;
added
any investments made or contracts entered into under the initiatives; and
added
the progress of the initiatives.
added
A description of how the Center has sought to leverage lessons learned, share best practices, avoid duplication of efforts, and transition artificial intelligence research efforts into operational capabilities by—
added
collaborating with other organizations and elements of the Department of Defense, including the Defense Agencies and the military departments; and
added
deconflicting the activities of the Center with the activities of other organizations and elements of the Department.
added
A description any collaboration between—
added
the Center and the private sector and academia; and
added
the Center and international allies and partners.
added
The total number of military, contractor, and civilian personnel who are employed by the Center, assigned to the Center, and performing functions in support of the Center.
added
A description of the organizational structure and staffing of the Center.
added
A detailed description of the frameworks, metrics, and capabilities established to measure the effectiveness of the Center and the Center’s investments in the National Mission Initiatives and Component Mission Initiatives.
added
A description of any new policies, standards, or guidance relating to artificial intelligence that have been issued by the Chief Information Officer of the Department.
added
Joint Artificial Intelligence Center defined— In this section, the term “Joint Artificial Intelligence Center” means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).
Sec. 237 Quarterly updates on the Optionally Manned Fighting Vehicle program
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added
In general— Beginning not later than October 1, 2019, and on a quarterly basis thereafter through October 1, 2025, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, in consultation with the Commander of the Army Futures Command, shall provide to the Committee on Armed Services of the House of Representatives a briefing on the progress of the Optionally Manned Fighting Vehicle program of the Army.
added
Elements— Each briefing under subsection (a) shall include, with respect to the Optionally Manned Fighting Vehicle program, the following elements:
added
An overview of funding for the program, including identification of—
added
any obligations and expenditures that have been made under the program; and
added
any obligations and expenditures that are planned for the program.
added
An overview of the program schedule.
added
A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.
added
An assessment of the status of the program with respect to—
added
the development and approval of technical requirements;
added
technological maturity;
added
testing;
added
delivery; and
added
program management.
Sec. 238 Grants for civics education programs
added
added
In general— The Secretary of Defense shall carry out a program under which the Secretary makes grants to eligible entities, on a competitive basis, to support the development and evaluation of civics education programs.
added
Application— To be eligible to receive a grant under this section an eligible entity shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. Applications submitted under this subsection shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary of Defense.
added
Selection criteria— To be selected to receive a grant under this section an eligible entity shall demonstrate each of the following to the satisfaction of the Secretary:
added
The civics education program proposed by the entity will include innovative approaches for improving civics education.
added
The entity will dedicate sufficient resources to the program.
added
As part of the program, the entity will conduct evaluations in accordance with subsection (f)(1)(B).
added
The entity will carry out activities to disseminate the results of the evaluations described in such subsection, including publication of the results in peer-reviewed academic journals.
added
Geographic distribution— To the extent practicable, the Secretary of Defense shall ensure an equitable geographic distribution of grants under this section.
added
Consultation— In awarding grants under this section, the Secretary of Defense shall consult with the Secretary of Education.
added
Uses of funds—
added
Required uses of funds— An eligible entity that receives a grant under this section shall use such grant—
added
to establish a civics education program or to improve an existing civics education program; and
added
to evaluate the effect of the program on participants, including with respect to—
added
critical thinking and media literacy;
added
voting and other forms of political and civic engagement;
added
interest in employment, and careers, in public service;
added
understanding of United States law, history, and Government; and
added
the ability of participants to collaborate and compromise with others to solve problems.
added
Allowable uses of funds— An eligible entity that receives a grant under this section may use such grant for—
added
the development or modification of curricula relating to civics education;
added
classroom activities, thesis projects, individual or team projects, internships, or community service activities relating to civics;
added
collaboration with government entities, nonprofit organizations, or consortia of such entities and organizations to provide participants with civics-related experiences;
added
civics-related faculty development programs;
added
recruitment of educators who are highly qualified in civics education to teach civics or to assist with the development of curricula for civics education;
added
presentation of seminars, workshops, and training for the development of skills associated with civic engagement;
added
activities that enable participants to interact with government officials and entities;
added
expansion of civics education programs and outreach for members of the Armed Forces, dependents and children of such members and employees of the Department of Defense; and
added
opportunities for participants to obtain work experience in fields relating to civics.
added
Definitions— In this section:
added
The term “civics education program” means an educational program that provides participants with—
added
knowledge of law, government, and the rights of citizens; and
added
skills that enable participants to responsibly participate in democracy.
added
The term “eligible entity” means a Department of Defense domestic dependent elementary or secondary school (as described in section 2164 of title 10, United States Code).
Sec. 239 Technology and national security fellowship
added
added
Fellowship program—
added
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.
added
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”).
added
Employment— Fellows will be assigned to a one year tour of duty within the Department of Defense.
added
Pay and benefits— An individual assigned to a position under the fellows program shall be compensated at the rate of compensation for employees at level GS-10 of the General Schedule, and shall be treated as an employee of the United States during the term of assignment.
added
Eligible individuals— For purposes of this section, and subject to subsection (f)(3), an eligible individual is any individual who—
added
is a citizen of the United States; and
added
either—
added
expects to be awarded an undergraduate or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work not later than 180 days after the date on which the individual submits an application for participation in the fellows program; or
added
possesses an undergraduate or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work that was awarded not earlier than one year before the date on which the individual submits an application for participation in the fellows program.
added
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.
added
Coordination—
added
In general— In carrying out this section, the Secretary may consider coordinating or partnering with the entities specified in paragraph (2).
added
Entities specified— The entities specified in this paragraph are the following:
added
The National Security Innovation Network.
added
Universities affiliated with Hacking for Defense.
added
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—
added
determine the length of a fellowship term;
added
establish the rate of compensation for an individual selected to participate in the fellows program; and
added
change the eligibility requirements for participation in the fellows program, including who is considered an eligible individual for purposes of the fellows program.
added
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
added
added
Establishment—
added
In general— There is established in the executive branch an independent Commission to review the state of defense research at covered institutions.
added
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.
added
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”.
added
Membership—
added
Composition— The Commission shall be composed of 11 members appointed as follows:
added
The Secretary of Defense shall appoint 2 members.
added
The Secretary of Education shall appoint 1 member.
added
The Chairman of the Committee on Armed Services of the Senate shall appoint 1 member.
added
The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.
added
The Chairman of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
added
The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
added
The Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint 1 member.
added
The Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint 1 member.
added
The Chairman of the Committee on Education and Labor of the House of Representatives shall appoint 1 member.
added
The Ranking Member of the Committee on Education and Labor of the House of Representatives shall appoint 1 member.
added
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.
added
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.
added
Chair and vice chair— The Commission shall elect a Chair and Vice Chair from among its members.
added
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.
added
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.
added
Duties—
added
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.
added
Scope of the review— In conducting the review under paragraph (1), the Commission shall consider the following:
added
The competitiveness of covered institutions in developing, pursuing, capturing, and executing defense research with the Department of Defense through contracts and grants.
added
Means and methods for advancing the capacity of covered institutions to conduct research related to national security and defense.
added
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.
added
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.
added
Incentives to attract, recruit, and retain leading research faculty to covered institutions.
added
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.
added
The ability of covered institutions to develop, protect, and commercialize intellectual property created through defense-related research.
added
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—
added
the legal mechanism under which the organization was formed;
added
the total value of contracts and grants awarded to the organization during fiscal years 2010 to 2019;
added
the overhead rate of the organization for fiscal year 2019;
added
the Carnegie Classification of Institutions of Higher Education of the associated university or college;
added
if the associated university or college qualifies as a historically Black college or university or a minority institution.
added
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.
added
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”).
added
Any other matters the Commission deems relevant to the advancing the defense research capacity of covered institutions.
added
Reports—
added
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.
added
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).
added
Form of reports— Reports submitted under this subsection shall be made publically available.
added
Termination— The Commission shall terminate on December 31, 2021.
added
Covered institution defined— In this section, the term covered institution means—
added
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
added
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. 301 Authorization of appropriations
addedadded Funds are here by authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
Sec. 311 Timeline for Clearinghouse review of applications for energy projects that may have an adverse impact on military operations and readiness
addedadded Section 183a(c)(1) of title 10, United States Code, is amended by striking “60 days” and inserting “90 days”.
Sec. 312 Authority to make final finding on designation of geographic areas of concern for purposes of energy projects with adverse impacts on military operations and readiness
addedadded Section 183a(d)(2)(E) of title 10, United States Code, is amended—
added
by striking “or a Principal” and inserting “a”; and
added
by inserting “, an Assistant Secretary of Defense, or a Deputy Assistant Secretary of Defense” after “Deputy Under Secretary of Defense”.
Sec. 313 Authority to accept contributions of funds from applicants for energy projects for mitigation of impacts on military operations and readiness
addedadded Section 183a(f) of title 10, United States Code, is amended by striking “for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49” and inserting “for an energy project”.
Sec. 314 Department of Defense improvement of previously conveyed utility systems serving military installations
addedadded Section 2688 of title 10, United States Code, is amended—
added
by redesignating subsection (k) as subsection (l); and
added
by inserting after subsection (j) the following new subsection (k):
added “(k) Improvement of conveyed utility systems—In the case of a utility system that is conveyed under this section and that only provides utility services to a military installation, the Secretary concerned may use amounts authorized to be appropriated for military construction to improve the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system.”
Sec. 315 Five-year authority for National Guard environmental restoration projects for environmental responses
added
added
In general— Section 2707 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(e) Temporary authority for National Guard projects—Notwithstanding subsection (a) of this section and section 2701(c)(1) of this title, during the five-year period beginning on the date of the enactment of this subsection, the Secretary concerned may carry out an environmental restoration project if the Secretary determines that the project is necessary to carry out a response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA.”
added
Savings clause— Nothing in this section, or the amendment made by this section, shall affect any requirement or authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Sec. 316 Sale of electricity from alternate energy and cogeneration production facilities
addedadded Section 2916(b)(3) of title 10, United States Code, is amended—
added
in subparagraph (A), by striking “and” at the end; and
added
in subparagraph (B)—
added
by striking “shall be available” and all that follows and inserting “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—”; and
added
by adding at the end the following new clauses:
added “(i) military construction projects described in paragraph (2) that benefit the military installation where the geothermal energy resource is located; or
added “(ii) energy or water security projects that—
added “(I) benefit the military installation where the geothermal energy resource is located;
added “(II) the commander of the military installation determines are necessary; and
added “(III) are directly coordinated with local area energy or groundwater governing authorities.”
Sec. 317 Transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry
addedadded Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by striking “2019 and 2020” and inserting “2019, 2020, and 2021”.
Sec. 318 Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent
added
added
Use of fluorine-Free foam at military installations— Not later than January 31, 2025, the Secretary of the Navy shall publish a military specification for a fluorine-free fire-fighting agent for use at all military installations to ensure such agent is available for use by not later than 2027.
added
Prohibition on use— Fluorinated aqueous film-forming foam may not be used at any military installation on or after September 30, 2029, or before such date, if possible.
added
Waiver—
added
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—
added
notice of the waiver; and
added
certification, in writing, that the waiver is necessary for the protection of life and safety.
added
Limitation— A waiver under this subsection shall apply for a period that does not exceed three years. The Secretary may extend any such waiver once for an additional period that does not exceed three years.
Sec. 319 Prohibition of uncontrolled release of fluorinated aqueous film-forming foam at military installations
added
added
Prohibition— Except as provided by subsection (b), the Secretary of Defense shall prohibit the uncontrolled release of fluorinated aqueous film-forming foam (hereinafter in this section referred to as “AFFF”) at military installations.
added
Exceptions— Notwithstanding subsection (a), fluorinated AFFF may be released at military installations as follows:
added
AFFF may be released for purposes of an emergency response.
added
A non-emergency release of AFFF may be made for the purposes of testing of equipment or training of personnel, if complete containment, capture, and proper disposal mechanisms are in place to ensure no AFFF is released into the environment.
Sec. 320 Prohibition on use of fluorinated aqueous film forming foam for training exercises
addedadded The Secretary of Defense shall prohibit the use of fluorinated aqueous film forming foam for training exercises at military installations.
Sec. 321 Real-time noise-monitoring study at Navy and Air Force installations where tactical fighter aircraft operate
added
added
Real-Time monitoring— The Secretary of the Navy and the Secretary of the Air Force shall each conduct a real-time noise-monitoring study at no fewer than three Navy installations and three Air Force installations. In conducting such study, the Secretaries shall—
added
select installations where tactical fighter aircraft operate and noise contours have been developed through noise modeling to validate the noise contours developed through analysis and modeling at those installations; and
added
ensure that such monitoring is conducted during times of high, medium, and low activity.
added
Report required— Not later than December 1, 2020, the Secretary of the Navy and the Secretary of the Air Force shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on the real-time noise monitoring required under subsection (a). Such report shall include—
added
the results of such monitoring;
added
a comparison of such monitoring and the noise contours previously developed with the analysis and modeling methods previously used;
added
an overview of any changes to the analysis and modeling process that have been made or are being considered as a result of the findings of such monitoring; and
added
any other matters that the Secretaries determine appropriate.
Sec. 322 Development of climate vulnerability and risk assessment tool
added
added
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.
added
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.
added
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.
added
Report—
added
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).
added
Classified annex— The report under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary.
added
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.
added
Updates to tool—
added
In general— After submittal of the report under subsection (d), the Secretary of Defense shall update the climate vulnerability and risk assessment tool developed under subsection (a) as the Secretary considers necessary and appropriate, in consultation with the individuals and entities described in subsection (b) and consistent with the prevailing scientific consensus as required under subsection (c).
added
Report and publication— Upon completing an update to the tool under paragraph (1), the Secretary shall—
added
submit to the congressional defense committees a report describing such update; and
added
publish the unclassified version of such report on an internet website of the Department that is available to the public.
Sec. 323 Provision of uncontaminated water for agricultural use on land contaminated by PFOS and PFOA used on military installations
added
added
Findings— Congress makes the following findings:
added
Perfluorooctanesulfonic acid (in this section referred to as “PFOS”) and perfluorooctanoic acid (in this section referred to as “PFOA”) are part of a class of man-made chemicals that have been used in a variety of industrial and consumer products to make the products resist heat, stains, water, and grease. Because PFOS and PFOA extinguish petroleum fires quickly, the Department of Defense and commercial airports began using aqueous film forming foam containing PFOS and PFOA in the 1970s.
added
PFOS and PFOA can accumulate and stay in the body for long periods of time. Exposure to PFOS and PFOA may cause health problems, including issues with the reproductive system, liver and kidney damage, developmental issues in children, and negatively impacted immune system, and cancer.
added
A common method of human exposure to PFOS and PFOA is by consuming contaminated drinking water.
added
The Environmental Protection Agency issued lifetime health advisories under the Safe Drinking Water Act for individual or combined PFOS and PFOA concentrations at 70 parts per trillion in 2016, but has not yet issued any guidance or regulation for groundwater or agricultural water.
added
The Department of Defense has provided mitigations in many communities where drinking water has tested at or above the lifetime health advisory level, including bottled water and drinking water filtration systems. Due to the lack of regulatory guidance, these mitigations have not been mirrored in agricultural water systems.
added
As a result, farmers located adjacent to military installations with PFOS and PFOA contamination that has migrated off-installation are potentially impacted, and in at least one case, such contamination has had a serious impact on the livelihood of a dairy farmer.
added
Authority to provide uncontaminated water for agricultural purposes—
added
In general— If an area has been identified under paragraph (2), and a military installation has been determined to be the source of that contamination, the Secretary of Defense or the Secretary concerned may provide, for the purpose of producing agricultural products destined for human consumption—
added
water sources uncontaminated with perfluoroalkyl and polyfluoroalkyl substances, including PFOA and PFOS, or
added
treatment of contaminated waters.
added
Identification of areas— An area identified under this paragraph is an area for which the level of PFOA or PFOS contamination—
added
is above the lifetime health advisory for contamination for such compounds as issued by the Environmental Protection Agency and printed in the Federal Register on May 25, 2016;
added
is at or above a regulatory standard set by the Food and Drug Administration for PFOA and PFOS in raw agricultural commodities and milk; or
added
is at or above a duly promulgated, non-discriminatory standard promulgated by a State regulatory entity for PFOA and PFOS in raw agricultural commodities and milk.
added
Source of funds— Amounts used to carry out this section shall be derived—
added
in the case of amounts made available by the Secretary concerned, from amounts authorized to be appropriated for Operation and Maintenance for the military department concerned; or
added
in the case of amounts made available by the Secretary of Defense, from amounts authorized to be appropriated for Operation and Maintenance, Defense-wide.
added
Sense of Congress regarding land acquisition— It is the sense of Congress that the Secretary concerned should explore authorities under which the Secretary could acquire land the land adjacent to military installations where the owners of the land have experienced impacts to their livelihood due to PFOS and PFOA contamination that has been verified to have been caused by that installation, including the authorities under sections 2663, 2864a, and 2869 of title 10, United States Code.
Sec. 331 Material readiness metrics and objectives
added
added
Material readiness metrics and objectives—
added
In general— Chapter 2 of title 10, United States Code, is amended by inserting after section 117 the following new section:
added “118. Material readiness metrics and objectives
added “(a) Guidance
added “(1) The Secretary of Defense shall issue and maintain guidance requiring the implementation and use of material readiness metrics to enable assessment of the readiness of armed forces to carry out the national defense strategy required by section 113 of this title.
added “(2) Guidance issued pursuant to this section shall ensure that such material readiness metrics—
added “(A) are based on standardized and consistent criteria; and
added “(B) are applied, used, recorded, and reported in same manner by all components of the Department of Defense.
added “(b) Metrics—At a minimum, the material readiness metrics required by subsection (a) shall address the material availability, operational availability, and material reliability of each major weapon system by designated mission design series, variant, or class.
added “(c) Material readiness objectives
added “(1) The Secretary of Defense shall establish, and annually review and revise, an objective value for each metric required by subsection (b) as a necessary component to support the review and revision of the national defense strategy required by section 113 of this title.
added “(2) To the maximum extent practicable, the Secretary shall ensure that objective values established under this subsection are unclassified.
added “(d) Definitions—In this section:
added “(1) The term “major weapons system” has the meaning given the term “major system” under section 2302(5) of this title, except that such term does not include an acquisition program for a defense business system (as defined in section 2222(i)(1) of this title).
added “(2) The term “material availability” means the measure of the percentage of the total inventory of a system that is operationally capable of performing an assigned mission.
added “(3) The term “material reliability” means the probability that a covered asset will perform without failure over a specified interval.
added “(4) The term “operational availability” means the measure of the percentage of time a covered asset is operationally capable.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 117 the following new item:
added
Conforming amendment— Section 2337(b)(2)(A) of title 10, United States Code, is amended—
added
by inserting “to meet the material readiness objectives” before “for the weapon system”; and
added
by inserting “under section 118 of this title” after “weapon system”.
added
Deadlines—
added
Deadline for guidance— The guidance required by section 118(a) of title 10, United States Code, as added by subsection (a), shall be issued by not later than 180 days after the date of the enactment of this Act.
added
Deadline for establishment of material readiness objectives— The material readiness objectives required by section 118(c)(1) of title 10, United States Code, as added by subsection (a), shall be established by not later than one year after the date of the enactment of this Act.
Sec. 332 Clarification of authority regarding use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities
addedadded Section 2208(u) of title 10, United States Code, is amended—
added
in paragraph (1), by striking “carry out” and inserting “fund”;
added
in paragraph (2)—
added
by striking “Section 2805” and inserting “(A) Except as provided in subparagraph (B), section 2805”;
added
by striking “carried out with” and inserting “funded using”; and
added
by adding at the end the following new subparagraph:
added “(B) For purposes of applying subparagraph (A), the dollar limitation specified in subsection (a)(2) of section 2805 of this title, subject to adjustment as provided in subsection (f) of such section, shall apply rather than the dollar limitation specified in subsection (c) of such section.”
added
in paragraph (4), by striking “carry out” and inserting “fund”.
Sec. 333 F–35 Joint Strike Fighter sustainment
added
added
Limitation on use of funds— Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Under Secretary of Defense for Acquisition and Sustainment for fiscal year 2020, not more than 75 percent may be obligated or expended until the date on which the Under Secretary submits the report required by subsection (b).
added
Report required— The Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on steps being taken to improve the availability and accountability of F–35 parts within the supply chain. At a minimum, the report shall include a detailed plan for each of the following elements:
added
How the accountable property system of record will be updated with information from the prime contractors supplying such parts on required cost and related data with respect to the parts and how the F–35 Program Office will ensure such contractors are adhering to contractual requirements for the management, reporting, visibility, and accountability of all such parts supplied by the prime contractors.
added
How the accountability property system of record will have interfaces that allow the F–35 Program Office and other authorized entities to have proper accountability of assets in accordance with applicable Department of Defense Instructions, Department of Defense Manuals, and other applicable regulations.
added
How the F–35 Program Office and the Secretary of each of the military departments will ensure business rules for the prioritization of F–35 parts across all program participants is sufficient, effective, and responsive.
added
Steps being taken to ensure parts within the base, afloat, and deployment spares packages are compatible for deploying F–35 aircraft and account for updated parts demand.
Sec. 334 Report on strategic policy for prepositioned materiel and equipment
added
added
Report required— Not later than March 1, 2020, the Assistant Secretary of Defense for Sustainment, in coordination with the Joint Staff, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation plan for prepositioned materiel and equipment required by section 321(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 730; 10 U.S.C. 2229 note). Such report shall include each of the following:
added
A comprehensive list of the prepositioned materiel and equipment programs of the Department of Defense.
added
A detailed description of how the plan will be implemented.
added
A description of the resources required to implement the plan, including the amount of funds and personnel.
added
A description of how the plan will be reviewed and assessed to monitor progress.
added
Guidance on applying a consistent definition of prepositioning across the Department, including the military departments, the combatant commands, and the Defense Agencies.
added
A detailed description of how the Secretary will implement a joint oversight approach of the prepositioning programs of the military departments.
added
Limitation on use of funds— Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Assistant Secretary of Defense for Sustainment for fiscal year 2020, not more than 75 percent may be obligated or expended until the date on which the Assistant Secretary submits the report required by subsection (a).
Sec. 335 Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam
added
added
Limitation— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 2020 may be obligated or expended for any construction, alteration, repair, or development of the real property consisting of the Former Ship Repair Facility in Guam.
added
Exception— The limitation under subsection (a) does not apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock.
added
Former Ship Repair Facility in Guam— In this section, the term “Former Ship Repair Facility in Guam” means the property identified by that name under the base realignment and closure authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
Sec. 341 Readiness reporting
added
added
Readiness reporting system— Section 117 of title 10, United State Code, is amended—
added
by striking subsections (d) through (g); and
added
by redesignating subsection (h) as subsection (d).
added
Quarterly reports— Section 482 of title 10, United States Code, is amended—
added
in the section heading, by striking “Quarterly reports: personnel and unit readiness” and inserting “Readiness reports”;
added
in subsection (a)—
added
In the subsection heading, by striking “ Quarterly Reports Required” and inserting “Reports and briefings”;
added
In the first sentence—
added
by striking “Not later” and inserting “(1) Not later”; and
added
by striking “each calendar-year quarter” and inserting “the second and fourth quarter of each calendar year”;
added
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
added
by adding at the end the following new paragraphs:
added “(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.
added “(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.”
added
by striking subsection (b) and inserting the following:
added “(b) Required elements—The elements described in this subsection are each of the following:
added “(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.
added “(2) The key contributing factors, indicators, and other relevant information related to each identified problem or deficiency.
added “(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.
added “(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.
added “(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.
added “(6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities.
added “(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.
added “(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.
added “(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.
added “(10) Such other information as determined necessary or appropriate by the Secretary of Defense.”
added
by striking subsections (d) through (h) and subsection (j);
added
by redesignating subsection (i) as subsection (e); and
added
by inserting after subsection (c) the following new subsections (d):
added “(d) Semi-Annual joint force readiness review
added “(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.
added “(2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a).
added “(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.
added “(4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection.”
added
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. 342 Extension of deadline for transition from service-specific defense readiness reporting systems
addedadded Section 358(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “October 1, 2019” and inserting “October 1, 2020”.
Sec. 343 Report on Navy ship depot maintenance budget
added
added
In general— Not later than March 1 of each of 2020, 2021, and 2022, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Operation and Maintenance Ship Depot Maintenance budget sub-activity group.
added
Elements— The report required under subsection (a) shall include each of the following elements:
added
A breakdown of funding, categorized by class of ship, requested for ship and submarine maintenance.
added
A description of how the requested funding, categorized by class of ship, compares to the identified ship maintenance requirement.
added
The amount of funds appropriated for each class of ship for the preceding fiscal year.
added
The amount of funds obligated and expended for each class of ship for each of the three preceding fiscal years.
added
The cost, categorized by class of ship, of unplanned growth work for each of the three preceding fiscal years.
Sec. 344 Report on Runit Dome
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency and Secretary of Defense, shall submit to the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate a report on the status of the Runit Dome in the Marshal Islands.
added
Matters for inclusion— The report required by subsection (a) shall include each of the following:
added
A detailed plan to remove the radioactive materials in the dome to a safer and more stable location, including a predicted timeline and associated costs.
added
A detailed plan to repair the dome to ensure that it does not have any harmful effects to the local population, environment, or wildlife, including the projected costs of implementing such plan.
added
The effects on the environment that the dome has currently and is projected to have in 5 years, 10 years, and 20 years.
added
An assessment on the safety of food gathered from local food sources.
added
An assessment of the current condition of the outer constructs of the dome.
added
An assessment of the current and long-term safety to local humans posed by the site.
added
How climate change and rising sea levels are predicted to affect the dome, including a description of projected scenarios if the dome becomes partially or fully submerged by ocean water.
added
A summary of interactions between the Government of the United States and the government of the Marshall Islands about the dome.
added
A detailed description of the physical health effects on Pacific Islanders, including residents of Hawaii, Fuji, and Samoa, of nuclear testing conducted at Runit Dome.
added
A detailed description of the pre- and post-nuclear test communications between the United States and the governments of the territories and nations of the Pacific Islands, including Hawaii, Fuji, and Samoa.
added
Form of report— The report required by subsection (a) shall be submitted in unclassified form and made publicly available.
Sec. 351 Inclusion of over-the-horizon radars in early outreach procedures
addedadded Section 183a(c)(6) of title 10, United States Code, is amended by striking “or airport surveillance radar” and inserting “, airport surveillance radar, or wide area surveillance over-the-horizon radar”.
Sec. 352 Extension of authority for Secretary of Defense to use Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities
addedadded Section 2642(b) of title 10, United States Code, is amended by striking “October 1, 2019” and inserting “October 1, 2024”.
Sec. 353 Expanded transfer and adoption of military animals
addedadded Section 2583 of title 10, United States Code, is amended—
added
in subsection (a)—
added
in the subsection heading, by inserting “Transfer or” before “Adoption”; and
added
by striking “adoption” each place it appears and inserting “transfer or adoption”;
added
in subsection (b)—
added
in the subsection heading, by inserting “Transfer or” before “Adoption”;
added
in the first sentence, by striking “adoption” and inserting “transfer or adoption”; and
added
in the second sentence, by striking “adoptability” and inserting “transferability or adoptability”;
added
in subsection (c)(1)—
added
in the matter preceding subparagraph (A), by inserting “transfer or” before “adoption”;
added
in subparagraphs (A) and (B), by inserting “adoption” before “by”;
added
in subparagraph (B), by inserting “or organizations” after “persons”; and
added
in subparagraph (C), by striking “by” and inserting “transfer to”;
added
in subsection (e)—
added
in the subsection heading, by inserting “or Adopted” after “Transferred”;
added
in paragraphs (1) and (2), by striking “transferred” each place it appears and inserting “transferred or adopted”; and
added
in paragraph (2), by striking “transfer” each place it appears and inserting “transfer or adoption”;
added
in subsection (f)—
added
in the subsection heading, by striking “Transfer of Retired” and inserting “Transportation of Retiring”; and
added
in paragraph (1), by striking “transfer” and inserting “transport”;
added
in subsection (g)(3), by striking “adoption of military working dogs” and all that follows through the period at the end and inserting “transfer of military working dogs to law enforcement agencies before the end of the dogs’ useful working lives.”; and
added
in subsection (h)(2), by striking “A horse” and inserting “An equid (horse, mule, or donkey)”.
Sec. 354 Extension of authority of Secretary of Transportation to issue non-premium aviation insurance
addedadded Section 44310(b) of title 49, United States Code, is amended by striking “December 31, 2019” and inserting “September 30, 2023”.
Sec. 355 Defense personal property program
added
added
Advisory group—
added
Establishment— There is established an advisory group on the defense personal property program, to be known as the “Global Household Relocation Services Advisory Committee”.
added
Membership— The advisory group shall be comprised of 15 members appointed from among individuals who represent appropriate entities as follows:
added
One member representing United States Transportation Command appointed by the Commander of United States Transportation Command.
added
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.
added
Four members representing appropriate transportation service providers, including two small business concerns, appointed by the Assistant Secretary of Defense for Sustainment.
added
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.
added
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.
added
Reports—
added
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.
added
Termination of report requirement— The requirement to submit a report under subparagraph (A) shall terminate on the termination date specified under paragraph (5)(A).
added
Termination— The advisory group shall terminate on the date that is five years after the date of the enactment of this Act.
added
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.
added
Limitation— None of the funds authorized to be appropriated in this Act for fiscal year 2020 shall be available to enter into a global household goods contract until the date that is 30 days after the date on which the Commander of United States Transportation Command provides to the congressional defense committees a briefing on—
added
the business case analysis required by subsection (b); and
added
the proposed structure and meeting schedule for the advisory group established under subsection (a).
added
Definitions— In this section:
added
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.
added
The term “defense personal property program” means the Department of Defense program used to manage the shipment of the baggage and household effects of members of the Armed Forces under section 476 of title 37, United States Code.
Sec. 356 Public events about Red Hill Bulk Fuel Storage Facility
added
added
Requirement— At least once every calendar quarter, the Secretary of the Navy, or the designee of the Secretary, shall hold an event that is open to the public at which the Secretary shall provide up-to-date information about the Red Hill Bulk Fuel Storage Facility.
added
Termination— The requirement to hold events under subsection (a) shall terminate on the earlier of the following dates:
added
September 30, 2025.
added
The date on which the Red Hill Bulk Fuel Storage Facility ceases operation.
Sec. 357 Sense of Congress regarding Innovative Readiness Training program
addedadded It is the sense of Congress that—
added
the Innovative Readiness Training program is an effective training program for members of the Armed Forces and is highly beneficial to civilian-military relationships with local American communities;
added
due to the geographic complexities and realities of non-contiguous States and territories, Innovative Readiness Training has lent greater benefit to such States and territories while providing unique and realistic training opportunities and deployment readiness for members of the Armed Forces;
added
the Department of Defense should pursue continued Innovative Readiness Training opportunities, and, where applicable, strongly encourage the use of Innovative Readiness Training in non-contiguous States and territories; and
added
in considering whether to recommend a project, the Secretary should consider the benefits of the project to the economy of a region damaged by natural disasters.
Sec. 358 Pilot program on reduction of effects of military aviation noise on private residences
added
added
In general— The Secretary of Defense shall carry out a five-year pilot program under which the commander of a military installation may provide funds for the purpose of installing noise insulation on private residences impacted by military aviation noise from the installation.
added
Eligibility— To be eligible to receive funds under the pilot program, a recipient shall enter into an agreement with the commander to—
added
provide at least 50 percent of the funds required to carry out the noise insulation; and
added
ensure that the noise at any private residence where insulation is installed is reduced by at least 5 dB.
added
Use of funds— Funds provided under the pilot program shall be used for the installation of noise insulation at a residence—
added
located within a Department of Defense noise contour between 65 dB day-night average sound level and 75 dB day-night average sound level as validated on a National Environmental Policy Act-compliant assessment within the past three years; and
added
where interior noise has been measured at 45 dB day-night average sound level by the installation.
added
Goals and best practices— In carrying out the pilot program under this section, a commander shall use the following goals and best practices:
added
Minimize cost in order to maximize number of homes served.
added
Focus efforts on residences newly impacted by increased noise levels.
Sec. 402 Revisions in permanent active duty end strength minimum levels
addedadded Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:
added “(1) For the Army, 480,000.
added “(2) For the Navy, 340,500.
added “(3) For the Marine Corps, 186,200.
added “(4) For the Air Force, 332,800.”
Sec. 411 End strengths for Selected Reserve
In general— The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2020, as follows:
The Army National Guard of the United States, 336,000.
The Army Reserve, 189,500.
The Navy Reserve, 59,000.
The Marine Corps Reserve, 38,500.
The Air National Guard of the United States, 107,700.
The Air Force Reserve, 70,100.
The Coast Guard Reserve, 7,000.
End strength reductions— The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—
the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
changed
End strength increases— Whenever units or individual members of the Selected Reserve for of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.
Sec. 412 End strengths for reserves on active duty in support of the reserves
addedadded Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2020, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
added
The Army National Guard of the United States, 30,595.
added
The Army Reserve, 16,511.
added
The Navy Reserve, 10,155.
added
The Marine Corps Reserve, 2,386.
added
The Air National Guard of the United States, 22,637.
added
The Air Force Reserve, 4,431.
Sec. 413 End strengths for military technicians (dual status)
addedadded 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:
added
For the Army National Guard of the United States, 22,294.
added
For the Army Reserve, 6,492.
added
For the Air National Guard of the United States, 13,573.
added
For the Air Force Reserve, 8,848.
Sec. 421 Military personnel
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
added
Construction of authorization— The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2020.
removed
There is hereby authorized to be appropriated for military personnel for fiscal year 2020 a total of $143,476,503,000.
Sec. 501 Management policies for joint qualified officers
addedadded Section 661(d)(3)(B) of title 10, United States Code, is amended in the third sentence by inserting “or a designee of the Chairman who is an officer of the armed forces in grade O-8 or higher” before the period.
Sec. 502 Grade of Chief of the Veterinary Corps of the Army
addedadded Section 7084 of title 10, United States Code, is amended by adding at the end the following: “An officer appointed to that position who holds a lower grade shall be appointed in the grade of brigadier general.”
Sec. 503 Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list
added
added
In general— Section 14108 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(f) Higher placement of officers of particular merit on promotion list
added “(1) In selecting officers to be recommended for promotion, a promotion board may, when authorized by the Secretary concerned, recommend that officers of particular merit, from among those officers selected for promotion, be placed higher on the promotion list established by the Secretary under section 14308(a) of this title.
added “(2) A promotion board may make a recommendation under paragraph (1) only if an officer receives the recommendation of—
added “(A) a majority of the members of the promotion board; or
added “(B) an alternative requirement established by the Secretary concerned and furnished to the promotion board as part of the guidelines under section 14107 of this title.
added “(3) For officers who receive recommendations under paragraph (1), the board shall recommend the order in which those officers should be placed on the promotion list.”
added
Reports regarding recommendations that officers of particular merit be placed higher on promotion list— Section 14109 of such title is amended by adding at the end the following new subsection:
added “(d) Report of officers recommended for higher placement on promotion list—A promotion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) of this title, include in its report to the Secretary concerned—
added “(1) the names of those officers the promotion board recommends be placed higher on the promotion list; and
added “(2) the order in which the promotion board recommends those officers should be placed on the promotion list.”
added
Officers of particular merit appearing higher on promotion list— Section 14308(a) of such title is amended in the first sentence by inserting “or based on particular merit, as determined by the promotion board” before the period.
Sec. 504 Availability on the internet of certain information about officers serving in general or flag officer grades
added
added
Availability required—
added
In general— The Secretary of each military department shall make available on an internet website of such department available to the public information specified in paragraph (2) on each officer in a general or flag officer grade under the jurisdiction of such Secretary, including any such officer on the reserve active-status list.
added
Information— The information on an officer specified by this paragraph to be made available pursuant to paragraph (1) is the information as follows:
added
The officer's name.
added
The officer’s current grade, duty position, command or organization, and location of assignment.
added
A summary list of the officer’s past duty assignments while serving in a general or flag officer grade.
added
Additional public notice on certain officers— Whenever an officer in a grade of O–7 or above is assigned to a new billet or reassigned from a current billet, the Secretary of the military department having jurisdiction of such officer shall make available on an internet website of such department available to the public a notice of such assignment or reassignment.
added
Limitation on withholding of certain information or notice—
added
Limitation— The Secretary of a military department may not withhold the information or notice specified in subsections (a) and (b) from public availability pursuant to subsection (a), unless and until the Secretary notifies the Committees on Armed Services of the Senate and House of Representatives in writing of the information or notice that will be so withheld, together with justification for withholding the information or notice from public availability.
added
Limited duration of withholding— The Secretary concerned may withhold from the public under paragraph (1) information or notice on an officer only on the basis of individual risk or national security, and may continue to withhold such information or notice only for so long as the basis for withholding remains in force.
Sec. 511 Grade of certain chiefs of reserve components
added
added
In general—
added
Chief of Army Reserve— Section 7038(b)(1) of title 10, United States Code, is amended by striking “general officers of the Army Reserve” and inserting “officers of the Army Reserve in the grade of lieutenant general and”.
added
Chief of Navy Reserve— Section 8083(b)(1) of such title is amended by striking “flag officers of the Navy (as defined in section 8001(1))” and inserting “officers of the Navy Reserve in the grade of vice admiral and”.
added
Commander, Marine Forces Reserve— Section 8084(b)(1) of such title is amended by striking “general officers of the Marine Corps (as defined in section 8001(2))” and inserting “officers of the Marine Corps Reserve in the grade of lieutenant general and”.
added
Chief of Air Force Reserve— Section 9038(b)(1) of such title is amended by striking “general officers of the Air Force Reserve” and inserting “officers of the Air Force Reserve in the grade of lieutenant general and”.
added
Effective date— The amendments made under subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date.
Sec. 512 Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components
addedadded Section 14703(b) of title 10, United States Code, is amended—
added
by striking “An” and inserting “(1) Subject to paragraph (2), an”; and
added
by adding at the end the following new paragraph (2):
added “(2) The Secretary concerned may, with the consent of the officer, retain in an active status an officer in a medical specialty described in subsection (a) beyond the date described in paragraph (1) of this subsection if the Secretary concerned determines that such retention is necessary to the military department concerned. Each such retention shall be made on a case-by-case basis and for such period as the Secretary concerned determines appropriate.”
Sec. 513 Repeal of requirement for review of certain Army Reserve officer unit vacancy promotions by commanders of associated active duty units
addedadded Section 1113 of the Army National Guard Combat Readiness Reform Act of 1992 (Public Law 102–484; 10 U.S.C. 10105 note) is repealed.
Sec. 514 Guidance for use of unmanned aircraft systems by the National Guard
added
added
New guidance— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue new guidance that treats the use of unmanned aircraft systems by the National Guard for covered activities in a manner no more restrictive than the use of other aircraft for covered activities.
added
Covered activities defined— In this section, “covered activities” means the following:
added
Emergency operations.
added
Search and rescue operations.
added
Defense support to civil authorities.
added
Support under section 502(f) of title 32, United States Code.
Sec. 515 Junior Reserve Officers’ Training Corps
added
added
In general— Section 2031(b)(3) of title 10, United States Code, is amended by inserting “and which may include instruction or activities in the fields of science, technology, engineering, and mathematics” after “duration”.
added
Effective date— The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.
Sec. 516 JROTC computer science and cybersecurity program
addedadded Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:
added “2036. Computer science and cybersecurity program
added “(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.
added “(b) Coordination—In carrying out the program, the Secretary shall coordinate with the following:
added “(1) The Secretaries of the military departments.
added “(2) The Secretary of Education.
added “(3) The National Science Foundation.
added “(4) The heads of such other Federal, State, and local government entities the Secretary of Defense determines appropriate.
added “(5) Private sector organizations the Secretary of Defense determines appropriate.
added “(c) Activities—Activities under the program may include the following:
added “(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.
added “(2) Funding for training and other supports for instructors to teach evidence-based courses in computer science and cybersecurity to students.
added “(3) Efforts and activities that improve the quality of cybersecurity and computer science educational, training opportunities, and curricula for students and instructors.
added “(4) Development of travel opportunities, demonstrations, mentoring programs, and informal computer science and cybersecurity education for students and instructors.
added “(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.
added “(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.
added “(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. 517 Programs of scholarships for members of Junior Reserve Officers' Training Corps units toward obtaining private pilot's certificates
added
added
Programs authorized— Each Secretary of a military department may carry out a program to award scholarships to qualified members of units of the Junior Reserve Officers' Training Corps under the jurisdiction of such Secretary to assist such members in obtaining a private pilot's certificate through an institution of higher education with an accredited aviation program that is approved by such Secretary pursuant to subsection (c).
added
Member qualifications—
added
In general— In carrying out a program under subsection (a), the Secretary of a military department shall prescribe the standards to be met by members of units of the Junior Reserve Officers' Training Corps under the jurisdiction of such Secretary to be eligible for the award of a scholarship under the program.
added
Uniformity across military departments— To the extent practicable, the standards prescribed under this subsection shall be uniform across the military departments.
added
Approved institutions of higher education—
added
In general— In carrying out a program under subsection (a), the Secretary of a military department shall maintain a list of institutions of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) at which a scholarship awarded under the program may be used toward obtaining a private pilot's certificate.
added
Qualifications and standards— Any institution of higher education included on a list under this subsection, and any course of instruction toward obtaining a private pilot's certificate offered by such institution, shall meet such qualifications and standards as the Secretary shall prescribe for purposes of the program. Such qualifications and standards shall include a requirement that any institution included on the list award academic credit at such institution to any member awarded a scholarship under the program for work (whether or not fully completed) on the ground school course of instruction of such institution in connection with obtaining a private pilot's certificate.
added
Scholarship—
added
Amount— The amount of the scholarship awarded a member of a Junior Reserve Officers' Training Corps under a program under subsection (a) shall be such amount as the Secretary of the military department concerned considers appropriate to defray, whether in whole or in part, the charges and fees of a course of instruction toward obtaining a private pilot's certificate offered by the institution of higher education to be attended by the member in obtaining the certificate.
added
Use— A scholarship awarded a member under a program may be used by the member only to defray the charges and fees of an institution of higher education for a course of instruction toward obtaining a private pilot's certificate.
added
Maintenance of membership— A scholarship awarded an individual under a program may be used by the individual only while the individual maintains membership in a unit of a Junior Reserve Officers' Training Corps.
added
Annual reports on programs—
added
In general— Not later than February 28, 2021, and each year thereafter, each Secretary of a military department shall submit to Congress a report on the program, if any, carried out by such Secretary during the preceding calendar year.
added
Elements— Each report under paragraph (1) shall include, for the program and year covered by such report, the following:
added
The number of scholarships awarded.
added
The total amount of scholarships awarded.
added
The work undertaken through such scholarships, including the number of recipients who fully completed a ground school course of instruction in connection with obtaining a private pilot's certificate.
added
Assessment of related pilot program—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the results of an assessment, conducted by the study group described in paragraph (2) for purposes of the report, of the pilot program conducted by the Air Force in 2018 and 2019 known as the “Air Force JROTC Flight Academy, Chief of Staff Private Pilot Scholarship Program”.
added
Study group— The study group described in this paragraph shall include the following:
added
A representative of the Department of Defense, selected by the Secretary of Defense.
added
A representative of the headquarters of the Air Force Junior Reserve Officers' Training Corps with experience with the pilot program, selected by the Secretary of the Air Force.
added
In addition to the representative under subparagraph (B), a representative of each military department, selected by the Secretary of such military department.
added
A representative of the Department of Transportation, selected by the Secretary of Transportation.
added
A representative of the Department of Education, selected by the Secretary of Education.
added
Representatives of such private organizations and entities as the Secretary of Defense considers appropriate.
added
Elements— The assessment required by paragraph (1) shall identify best practices in assisting members of the Junior Reserve Officers' Training Corps in obtaining a private pilot's certificate through institutions of higher education, including the most appropriate funding mechanisms for such practices.
Sec. 518 Sense of Congress regarding Junior Reserve Officers' Training Corps
addedadded It is the sense of Congress that—
added
the Junior Reserve Officers' Training Corps (referred to in this section as “JROTC”) contributes to an enhanced sense of pride in our Nation and in the members of the Armed Forces who serve;
added
JROTC develops a culture dedicated to service of our great land and reinforces duty, honor and courage;
added
the Nation has been steadily depending on a smaller and smaller minority of the population to fight its wars and protect its borders;
added
this dwindling population risks the long-term security of our Nation and the freedoms it provides;
added
JROTC operates in all 50 States and contributes to better grades and graduation rates; and
added
JROTC was supported in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) and should be increased in fiscal year 2020, including at least 3,700 JROTC units nationwide.
Sec. 519 Sense of Congress regarding the National Guard Youth Challenge Program
addedadded It is the sense of Congress that—
added
the National Guard Youth Challenge Program provides a vital service to at-risk youth by providing life-changing mentorship, developing self-discipline, and providing education in valuable skills; and
added
the Secretary of Defense should use the authority provided under section 509(h)(2) of title 32, United States Code, to allow Department of Defense equipment and facilities to be used by the National Guard to maximize the support of the Department for the Youth Challenge Program.
Sec. 521 Establishment of board of appeals regarding denied requests for upgraded discharges and dismissals
added
added
Establishment— Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section 1553a:
added “1553a. Board of Discharge Appeals
added “(a) Establishment
added “(1) The Secretary of Defense shall establish a Board of Discharge Appeals to hear appeals of requests for upgraded discharges and dismissals under section 1553 of this title that are denied by the service review agencies.
added “(2) The Board of Discharge Appeals shall consist of not fewer than three members appointed by the Secretary.
added “(b) Appeal
added “(1) Upon the request of an appellant, the Board of Discharge Appeals shall review the findings and decisions of a service review agency regarding the review of the discharge or dismissal of the appellant.
added “(2) The Board of Discharge Appeals may direct the Secretary of the military department concerned to change the discharge or dismissal of an appellant, or issue a new discharge for an appellant, to reflect its findings.
added “(c) Definitions—In this section:
added “(1) The term “appellant” means a former member of the armed forces (or if the former member is dead, the surviving spouse, next of kin, or legal representative of the former member) whose request for an upgraded discharge or dismissal was denied by a service review agency.
added “(2) The term “service review agency” has the meaning given that term in section 1555 of this title.”
added
Technical and conforming amendments—
added
Table of sections— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1553 the following new item:
added
Conforming amendment— Section 1553(b) of title 10, United States Code, is amended—
added
by inserting “(1)” before “A board”; and
added
by adding at the end the following new paragraph:
added “(2) If a board of review established by the Secretary of a military department denies a request for an upgraded discharge or dismissal, that denial may be appealed to the Board of Discharge Appeals under section 1553a of this title.”
added
Deadline— The Secretary of Defense shall establish and implement the Board of Discharge Appeals under such section 1553a of title 10, United States Code, as added by subsection (a), not later than September 30, 2020.
added
Training— Each member of the Board of Discharge Appeals established under such section 1553a shall receive training under section 534(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1552 note).
added
Reporting—
added
Report— Not later than April 1, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the Board of Discharge Appeals established under such section 1553a. The report shall include, with respect to appeals heard by the Board of Discharge Appeals since implementation, the following:
added
The number of appeals heard.
added
The number of appeals granted.
added
The number of appeals denied, including the reasons for such denials.
added
A summary of any differences between reviews under section 1553 of title 10, United States Code, and appeals under section 1553a of such title.
added
Online publication— On October 1 of each year starting in 2022, the Secretary shall publish online the information described in subparagraphs (A), (B), and (C) of paragraph (1) with regards to the preceding fiscal year.
Sec. 522 Prohibition on reduction in the number of personnel assigned to duty with a service review agency
added
added
Prohibition— Section 1559(a) of title 10, United States Code, is amended—
added
by striking “December 31, 2019” and inserting “December 31, 2025”;
added
by striking “that agency until—” and inserting “that agency.”; and
added
by striking subsections (1) and (2).
added
Report—
added
Report required— Not later than 180 days after the enactment of this Act, the Secretary of each military department shall submit a report to the Committees on Armed Services of the Senate and House of Representatives that details a plan to—
added
reduce the backlog of applications before the service review agency of the military department concerned; and
added
maintain the resources required to meet the timeliness standards for disposition of applications before the Corrections Boards under section 1557 of title 10, United States Code, not later than October 1, 2021.
added
Elements— Each report under this subsection shall include the following:
added
A description of the current backlog of applications before the service review agency of the military department concerned.
added
The number of personnel required to meet the deadline described in paragraph (1)(B).
added
The plan of the Secretary concerned to modernize the application and review system of the service review agency of the military department concerned.
Sec. 523 Advisory committee on record and service review boards
added
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a Department of Defense Advisory Committee to be known as the “Defense Advisory Committee on Record and Upgrade Review Boards” (in this section referred to as the “Advisory Committee”).
added
Membership—
added
In general— The Advisory Committee shall consist of not more than 15 members appointed by the Secretary of Defense, eight of whom shall be civilian practitioners or representatives of organizations that have experience assisting members of the Armed Forces and veterans with cases before service review boards (as that term is defined in section 1555 of title 10, United States Code).
added
Members of the Armed Forces on active duty ineligible— A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee.
added
Personnel—
added
Experience required— At least 35 percent of members of the staff of the Advisory Committee shall have experience described in subsection (b)(1).
added
Director; assistant director— The director and assistant director of the Advisory Committee may not both be members of the Armed Forces serving on active duty.
added
Staff— Not more than 65 percent of the staff of the Advisory Committee may be comprised of members of the Armed Forces serving on active duty.
added
Duties— The Advisory Committee shall advise the Secretary of Defense on the best structure, practices, and procedures to ensure consistency of boards for the correction of military records and service review boards in carrying out their responsibilities under chapter 79 of title 10, United States Code, and in granting relief to claimants under that chapter.
added
Annual report— Not later than one year after the date of the establishment of the Advisory Committee and annually thereafter for the three subsequent years, the Advisory Committee shall submit to the Secretary of Defense and the congressional defense committees a report containing observations and recommendations regarding issues of board operations and efficacy, including—
added
granting relief at adequate rates;
added
adhering to the intent of Congress, including regarding liberal consideration;
added
standards for evidence, training experience and qualifications of board members;
added
efficacy of efforts to ensure consistency across boards;
added
case management and record keeping systems, including electronic access to board precedents;
added
ease of personal appearances by claimants;
added
expert review of medical and psychiatric cases; and
added
related potential structural changes or alternative board models.
added
Termination— The Advisory Committee shall terminate on the date that is four years after the date of establishment under subsection (a).
added
Authorities— The Advisory Committee shall have all normal authorities granted to advisory committees, including the ability for staff to request documents from the Department of Defense, hold public hearings, and travel in furtherance of the board mandate. The board shall also be permitted, with assistance from personnel of the Department of Defense, to administer surveys and conduct field experiments to assess the viability of different policy options considered in the course of the activities of the Advisory Committee.
Sec. 524 Time requirements for certification of honorable service
addedadded Upon the submission to the Secretary of a military department or a designated commissioned officer serving in the pay grade O-6 or higher by a member of the Armed Forces of a completed United States Citizenship and Immigration Services Form N–426, the Secretary or the Officer shall—
added
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;
added
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
added
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—
added
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
added
in the case of a member who has served or is serving in a Reserve Component, by not later than three weeks from receiving the form.
Sec. 525 Prohibition on implementation of military service suitability determinations for foreign nationals who are lawful permanent residents
addedadded The Secretary of Defense may not take any action to implement the memorandum titled “Military Service Suitability Determinations for Foreign Nationals Who Are Lawful Permanent Residents”, issued by the Secretary and dated October 13, 2017, until the Secretary reports to the congressional defense committees the justification for the policy changes required by such memorandum.
Sec. 526 Strategic plan for diversity and inclusion
added
added
Plan required— The Secretary of Defense shall design and implement a five-year strategic plan for diversity and inclusion in the Department of Defense.
added
Elements— The strategic plan under this section—
added
shall be based on the strategic plan established under section 2 of Executive Order 13583 (3 Fed. Reg. 13583 (August 18, 2011));
added
shall incorporate existing efforts to promote diversity and inclusion within the Department; and
added
may not conflict with the objectives of the 2018 National Military Strategy.
added
Deadline— The Secretary shall implement the strategic plan under this section on January 1, 2020.
Sec. 527 Independent study on barriers to entry into the Armed Forces for English learners
added
added
Independent study— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to seek to enter into a contract with a federally funded research and development center under which the center will conduct a study on barriers to entry into the Armed Forces for English learners.
added
Elements— The study under subsection (a) shall—
added
identify barriers to entry into the Armed Forces for English learners, including—
added
challenges with military recruiters and language proficiency;
added
challenges with the assessment of potential recruits, including the construction and delivery of and testing time constraints related to the Armed Services Vocational Aptitude Battery;
added
challenges with dissemination of recruiting information; and
added
any other challenges that may be identified by the federally funded research and development center in the course of the study;
added
the effect of such barriers on—
added
the number of interactions recruiters have with English learners;
added
the enlistment rate among populations of English learners; and
added
any other effects that may be identified by the federally funded research and development center in the course of the study;
added
an analysis of existing efforts and programs to remove barriers to entry into the Armed Forces for English learners, including an analysis of the scalability and sustainability of such efforts and programs; and
added
additional opportunities to address such barriers, including alternative assessments and Armed Services Vocational Aptitude Battery preparation programs for English learners.
added
Submittal to Department of Defense— Not later than 270 days after the date of the enactment of this Act, the federally funded research and development that conducts the study under subsection (a) shall submit to the Secretary of Defense a report on the results of the study.
added
Submittal to Congress— Not later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy of the report and any comments of the Secretary with respect to the report.
added
English learner defined— In this section, the term “English learner” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Sec. 528 Reenlistment waivers for persons separated from the Armed Forces who commit one misdemeanor cannabis offense
added
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that permit any Secretary of a military department to grant a reenlistment waiver to a covered person if the Secretary determines that the reenlistment of that covered person is vital to the national interest.
added
Definitions— In this section:
added
The term “covered person” means an individual—
added
who has separated from the Armed Forces; and
added
who has admitted to or been convicted by a court of competent jurisdiction of a single violation—
added
of any law of a State or the United States relating to the use or possession of cannabis;
added
that constitutes a misdemeanor; and
added
that occurred while that individual was not on active service in the Armed Forces.
added
The terms “active service” and “military department” have the meanings given such terms in section 101 of title 10, United States Code.
Sec. 529 Sense of Congress regarding accession physicals
added
added
Findings— Congress finds the following:
added
United States Military Entrance Processing Command (“USMEPCOM”) operates 65 Military Entrance Processing Stations (“MEPS”) dispersed throughout the 50 States and Puerto Rico.
added
Applicants for accession into the Armed Forces must travel to the closest MEPS to receive physical examinations, are often driven by a military recruiter, and receive lodging at a nearby hotel, paid for by the Armed Force represented by that recruiter.
added
In 2015, USMEPCOM reported that 473,000 applicants from the military and other agencies processed through the 65 MEPS, for a total of 931,000 MEPS visits.
added
Section 1703 of title 38, United States Code, authorizes the Secretary of Veterans Affairs to enter into contracts with private health care providers for physical examinations.
added
Sense of Congress— It is the sense of Congress that the Secretary of Defense should explore alternatives to centralized accession physicals at MEPS, including conducting physicals through community health care providers, in order to reduce transportation costs, increase efficiency in processing times, and free recruiters to focus on the core of the recruiting mission.
Sec. 531 Command influence
added
added
In general— Section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), is amended—
added
by striking “Unlawfully influencing action of court” and inserting “Command influence”;
added
by amending subsection (a) to read as follows:
added “(a)
added “(1) No court-martial convening authority, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding.
added “(2) No court-martial convening authority, nor any other commanding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence.
added “(3) No person subject to this chapter may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority or preliminary hearing officer with respect to such acts taken pursuant to this chapter as prescribed by the President.
added “(4) Paragraphs (1) through (3) shall not apply with respect to—
added “(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial;
added “(B) statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition, or a particular court-martial finding, or sentence; or
added “(C) statements and instructions given in open court by the military judge or counsel.
added “(5)
added “(A) Notwithstanding paragraphs (1) through (3), but subject to subparagraph (B)—
added “(i) a superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of this chapter with a subordinate convening authority or officer; and
added “(ii) a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under this chapter.
added “(B) No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.”
added
in subsection (b)—
added
by striking “advanced, in grade” and inserting “advanced in grade”; and
added
by striking “accused before a court-martial” and inserting “person in a court-martial proceeding”; and
added
by adding at the end the following new subsections:
added “(c) No finding or sentence of a court-martial may be held incorrect on the ground of a violation of this section unless the violation materially prejudices the substantial rights of the accused.
added “(d)
added “(1) A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases, types of cases, or generally.
added “(2) Except as provided in paragraph (1) or as otherwise authorized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses.”
added
Clerical amendment— The table of sections at the beginning subchapter VII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 837 (article 37) and inserting the following new item:
added
Effective date— The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply with respect to violations of section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), committed on or after such date.
Sec. 532 Statute of limitations for certain offenses
added
added
In general— Section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended—
added
in subsection (a), by inserting “maiming of a child, kidnapping of a child, ” after “sexual assault of a child,”; and
added
in subsection (b)(2)(B)—
added
by striking clauses (ii) and (iv); and
added
by redesignating clause (iii) as clause (ii).
added
Effective date— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to the prosecution of offenses committed before, on, or after the date of the enactment of this Act if the applicable limitation period has not yet expired.
Sec. 533 Guidelines on sentences for offenses committed under the Uniform Code of Military Justice
added
added
Guidelines required— Not later than the date specified in subsection (c), the Secretary of Defense shall establish nonbinding guidelines on sentences for offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). The guidelines shall provide the sentencing authority with a suggested range of punishments, including suggested ranges of confinement, that will generally be appropriate for a violation of each offense under such chapter.
added
Sentencing data— In developing the guidelines for sentences under subsection (a), the Secretary of Defense shall take into account the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice).
added
Date specified— The date specified in this subsection is the date that is not later than one year after the date on the which the first report of the Military Justice Review Panel is submitted to the Committees on Armed Services of the Senate and the House of Representatives pursuant to section 946(f)(5) of title 10, United States Code (article 146(f)(5) of the Uniform Code of Military Justice).
Sec. 534 Expansion of responsibilities of commanders for victims of sexual assault committed by another member of the Armed Forces
added
added
Notification of victims of events in military justice process—
added
Notification required— The commander of a member of the Armed Forces who is the alleged victim of sexual assault committed by another member of the Armed Forces shall provide notification to such alleged victim of every key or other significant event in the military justice process in connection with the investigation, prosecution, and confinement of such other member for sexual assault.
added
Documentation— Each commander described in paragraph (1) shall create and maintain appropriate documentation on any notification provided as described in that paragraph.
added
Documetation of victim’s preference on jurisdiction in prosecution— In the case of a member of the Armed Forces who is the alleged victim of sexual assault committed by another member of the Armed Forces who is subject to prosecution for such offense both by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and by a civilian court under State law, the commander of such alleged victim shall create and maintain appropriate documentation of the expressed preference, if any, of such alleged victim for prosecution of such offense by court-martial or by a civilian court as provided for by Rule 306(e) of the Rules for Court-Martial.
added
Regulations— The Secretary of Defense shall prescribe in regulations the requirements applicable to each of the following:
added
Notifications under subsection (a)(1).
added
Documentation under subsection (a)(2).
added
Documentation under subsection (b).
Sec. 535 Increase in investigative personnel and Victim Witness Assistance Program liaisons
added
added
Military criminal investigative services—
added
Minimum staffing level— Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall ensure that the number of personnel assigned to the military criminal investigative services of the department is sufficient to ensure, to the extent practicable, that the investigation of any sex-related offense is completed not later than six months after the date on which the investigation is initiated.
added
Status reports required— Not later than one year after the date of the enactment of this Act, Secretary of each military department shall issue guidance requiring that any criminal investigator of the department who is assigned to investigate a sex-related offense submits a status report to the direct supervisor of such investigator in the event that the investigation of such offense exceeds 90 days in duration. Each status report shall include—
added
a detailed explanation of the status of the investigation;
added
identification of any information that has not yet been obtained but is necessary to complete the investigation; and
added
identification of any barriers preventing the investigator from accessing such information.
added
Victim Witness Assistance Program liaisons— Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall increase the number of personnel serving as Victim Witness Assistance Program liaisons to address personnel shortages in the Victim Witness Assistance Program.
Sec. 536 Increase in number of digital forensic examiners for the military criminal investigation organizations
added
added
In general— Each Secretary of a military department shall take appropriate actions to increase the number of digital forensic examiners in each military criminal investigation organization (MCIO) under the jurisdiction of such Secretary by not fewer than 10 from the authorized number of such examiners for such organization as of September 30, 2019.
added
Military criminal investigation organizations— For purposes of this section, the military criminal investigation organizations are the following:
added
The Army Criminal Investigation Command.
added
The Naval Criminal Investigative Service.
added
The Air Force Office of Special Investigations.
added
The Marine Corps. Criminal Investigation Division.
added
Funding— Funds for additional digital forensic examiners as required by subsection (a) for fiscal year 2020, including for compensation, initial training, and equipment, shall be derived from amounts authorized to be appropriated for that fiscal year for the Armed Force concerned for operation and maintenance.
Sec. 537 Pilot programs on defense investigators in the military justice system
added
added
In general— Each Secretary of a military department shall carry out a pilot program on defense investigators within the military justice system under the jurisdiction of such Secretary in order to do the following:
added
Determine whether the presence of defense investigators within such military justice system will—
added
make such military justice system more effective in providing an effective defense for the accused; and
added
make such military justice system more fair and efficient.
added
Otherwise assess the feasibility and advisability of defense investigators as an element of such military justice system.
added
Elements—
added
Interview of victim— A defense investigator may question a victim under a pilot program only upon a request made through the Special Victims’ Counsel or other counsel if the victim does not have such counsel.
added
Uniformity across military justice systems— The Secretary of Defense shall ensure that the personnel and activities of defense investigators under the pilot programs are, to the extent practicable, uniform across the military justice systems of the military departments.
added
Report—
added
In general— Not later than three years after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs under subsection (a).
added
Elements— The report required by paragraph (1) shall include the following:
added
A description of each pilot program, including the personnel and activities of defense investigators under such pilot program.
added
An assessment of the feasibility and advisability of establishing and maintaining defense investigators as an element of the military justice systems of the military departments.
added
If the assessment under subparagraph (B) is that the establishment and maintenance of defense investigators as an element of the military justice systems of the military departments is feasible and advisable, such recommendations for legislative and administrative action as the Secretary of Defense considers appropriate to establish and maintain defense investigators as an element of the military justice systems.
added
Any other matters the Secretary of Defense considers appropriate.
Sec. 538 Pilot program on prosecution of special victim offenses committed by attendees of military service academies
added
added
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—
added
review each covered special victim offense; and
added
determine whether such offense shall be referred to trial by an appropriate court-martial convening authority.
added
Office of the Chief Prosecutor—
added
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.
added
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—
added
has significant experience prosecuting sexual assault trials by court-martial; and
added
is outside the chain of command of any cadet or midshipman described in subsection (f)(2).
added
Responsibilities— The Chief Prosecutor shall exercise the authorities described in subsection (c) but only with respect to covered special victim offenses.
added
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.
added
Termination— The Office of the Chief Prosecutor shall terminate on the date on which the Pilot Program terminates under subsection (e).
added
Referral to Office of the Chief Prosecutor—
added
Investigation phase—
added
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—
added
timely notice of such allegation; and
added
any information and evidence obtained as the result a subsequent investigation into the allegation.
added
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).
added
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).
added
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.
added
Effect of determination and appeals process—
added
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.
added
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—
added
to proceed to trial by court-martial on charges of collateral misconducted related to the special victim offense; or
added
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).
added
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.
added
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.
added
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.
added
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.
added
Termination and transition—
added
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.
added
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.
added
Definitions— In this section:
added
The term “Armed Force” has the meaning given that term in section 101(a)(4) of title 10, United States Code.
added
The term “covered special victim offense” means a special victim offense—
added
alleged to have been committed on or after the date of the enactment of this Act by a cadet of the United States Military Academy or the United States Air Force Academy, without regard to the location at which the offense was committed; or
added
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.
added
The term “Secretary” means the Secretary of Defense.
added
The term “special victim offense” means any of the following:
added
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).
added
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).
added
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).
added
An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).
Sec. 539 Timely disposition of nonprosecutable sex-related offenses
added
added
Policy required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses in accordance with subsection (b).
added
Elements— The policy developed under subsection (a) shall require the following:
added
Not later than seven days after the date on which a court-martial convening authority declines to refer a nonprosecutable sex-related offense for trial by general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the convening authority will forward the investigation to the commander of the accused.
added
Not later than 90 days after the date on which the commander of the accused receives the investigation under paragraph (1)—
added
the commander will determine whether or not to take other judicial, nonjudicial, or administrative action in connection with the conduct covered by the investigation, including any lesser included offenses, as authorized under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); and
added
in a case in which the commander of the accused decides to take additional action under subparagraph (A), the commander take such actions as appropriate.
added
Nonprosecutable sex-related offense defined— In this section, the term nonprosecutable sex-related offense means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) due to a determination that there is insufficient evidence to support prosecution of the sex-related offense.
Sec. 540 Training for sexual assault initial disposition authorities on exercise of disposition authority for sexual assault and collateral offenses
added
added
In general— The training for sexual assault initial Disposition authorities on the exercise of disposition authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), with respect to cases for which disposition authority is withheld to such authorities by the April 20, 2012, memorandum of the Secretary of Defense, or any successor memorandum, shall include comprehensive training on the exercise by such authorities of such authority with respect to such cases in order to enhance the capabilities of such Authorities in the exercise of such authority and thereby promote confidence and trust in the military justice process with respect to such cases.
added
Memorandum of Secretary of Defense— The April 20, 2012, memorandum of the Secretary of Defense referred to in subsection (a) is the memorandum of the Secretary of Defense entitled “Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases” and dated April 20, 2012.
Sec. 541 Standard of evidence applicable to investigations and reviews related to protected communications of members of the Armed Forces and prohibited retaliatory actions
added
added
Standard of evidence— Section 1034 of title 10, United States Code, is amended—
added
in subsection (b)(1)(B)(ii), by striking “as defined in subsection (i)” and inserting “as defined in subsection (k)”;
added
by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and
added
by inserting after subsection (h) the following new subsection (i):
added “(i) Standard of evidence—A finding or other determination made under any of subsections (c), (d), (g), or (h) may be based on the standards of evidence specified in section 1221(e) of title 5.”
added
Applicability— The amendments made by subsection (a) shall not apply to members of the Coast Guard.
added
Effective date— The amendments made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act, and shall apply with respect to allegations pending or submitted under section 1034 of title 10, United States Code, on or after that date.
Sec. 542 Expansion of Special Victims' Counsel for victims of sex-related or domestic violence offenses
added
added
In general— Section 1044e of title 10, United States Code, is amended—
added
in the section heading, by striking “sex-related” and inserting “sex-related or domestic violence”;
added
by striking “alleged sex-related offense” each place it appears and inserting “alleged sex-related offense or alleged domestic violence offense”;
added
in subsection (a)—
added
in paragraph (1), by striking “an individual described in paragraph (2)” and inserting “an individual described in paragraph (3)”;
added
by redesignating paragraph (2) as paragraph (3); and
added
by inserting after paragraph (1) the following new paragraph (2):
added “(2) The Secretary concerned shall designate paralegals (to be known as “Special Victims’ Counsel Paralegals”) for the purpose of providing paralegal assistance to Special Victims’ Counsel.”
added
in subsection (b)(2), by inserting “or the Family Advocacy Program” after “Victim Witness Assistance Program”;
added
in subsection (d)(2)—
added
in subparagraph (A)—
added
by striking “Special Victims’ Counsel” and inserting “Special Victims’ Counsel and a Special Victims’ Counsel Paralegal”; and
added
by striking “and” at the end;
added
in subparagraph (B), by striking “Special Victims’ Counsel.” and inserting “and a Special Victims’ Counsel Paralegal; and”; and
added
by adding at the end the following new subparagraph:
added “(C) ensure that a Special Victims’ Counsel receives the training necessary to meet the needs of a victim of an alleged sex-related offense or an alleged domestic violence offense.”
added
in subsection (f)(1), by inserting “a representative of the Family Advocacy Program,” after “Sexual Assault Victim Advocate,”;
added
by amending subsection (g) to read as follows:
added “(g) Definitions—In this section:
added “(1) The term “alleged sex-related offense” means any allegation of—
added “(A) a violation of section 920, 920b, 920c, or 930 of this title (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or
added “(B) an attempt to commit an offense specified in a subparagraph (A) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
added “(2) The term “alleged domestic violence offense” means any allegation of—
added “(A) a violation of section 928b of this title (article 128b of the Uniform Code of Military Justice); or
added “(B) an attempt to commit such an offense as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).”
added
by adding at the end the following new subsections:
added “(i) Minimum staffing level—Not later than two years after the date of enactment of this subsection, the Secretaries concerned shall ensure that the number Special Victims’ Counsel serving in each military department is sufficient to ensure that the average caseload of a Special Victims’ Counsel does not exceed 25 cases at any given time.
added “(j) Report required—Not later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries concerned, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes—
added “(1) an analysis of the caseloads of Special Victims’ Counsel and Special Victims’ Counsel Paralegals, respectively;
added “(2) an assessment of the ability of the military departments to fill additional authorized billets for the Special Victims’ Counsel program to meet mission requirements; and
added “(3) a description of how the training requirements for the Special Victims’ Counsel program have been expanded to meet the needs of victims of alleged domestic violence offenses.”
added
Clerical amendment— The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by striking the item relating to section 1044e and inserting the following new item:
Sec. 543 Notification of issuance of military protective order to civilian law enforcement
added
added
Notification of issuance— Section 1567a of title 10, United States Code, is amended—
added
in subsection (a), by striking “and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify” and inserting “, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify”;
added
by redesignating subsection (b) as subsection (c);
added
by inserting after subsection (a) the following new subsection (b);
added “(b) Notification in event of transfer—In the event that a member of the armed forces against whom a military protective order is issued is transferred to another unit—
added “(1) not later than the date of the transfer, the commander of the unit from which the member is transferred shall notify the commander of the unit to which the member is transferred of—
added “(A) the issuance of the protective order; and
added “(B) the individuals involved in the order; and
added “(2) not later than seven days after receiving the notice under paragraph (1), the commander of the unit to which the member is transferred shall provide notice of the order to the appropriate civilian authorities in accordance with subsection (a).”
added
in subsection (c), as so redesignated, by striking “commander of the military installation” and inserting “commander of the unit to which the member is assigned”.
added
Annual report required— Not later than March 1, 2020, and each year thereafter through 2024, the Secretary of Defense shall submit to the congressional defense committees a report that identifies—
added
the number of military protective orders issued in the calendar year preceding the year in which the report is submitted; and
added
the number of such orders that were reported to appropriate civilian authorities in accordance with section 1567a(a) of title 10, United States Code, in such preceding year.
Sec. 544 Clarifications regarding scope of employment and reemployment rights of members of the uniformed services
added
added
Clarification regarding definition of rights and benefits— Section 4303(2) of title 38, United States Code, is amended—
added
by inserting “(A)” before “The term”; and
added
by adding at the end the following new subparagraph:
added “(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.”
added
Clarification regarding relation to other law and plans for agreements— Section 4302 of such title is amended by adding at the end the following:
added “(c)
added “(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.
added “(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”
Sec. 545 Military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act
addedadded Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended—
added
in paragraph (1), by inserting “(including orders for separation or retirement)” after “official military orders”; and
added
by adding at the end the following new paragraph:
added “(3) Permanent change of station—The term “permanent change of station” includes separation or retirement from military service.”
Sec. 546 Consultation regarding victim's preference in prosecution jurisdiction
addedadded Section 534(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1044e note) is amended by—
added
redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
added
by inserting after paragraph (1) the following new paragraph (2):
added “(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:
added “(A) The time and date of the consultation.
added “(B) The name of the individual who consulted with the victim.
added “(C) The result of the consultation, including—
added “(i) whether the victim expressed a preference under paragraph (1); and
added “(ii) if the victim expressed a preference, whether the victim preferred that the offense be prosecuted by court-martial or in a civilian court.”
Sec. 547 Extension and expansion of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces
addedadded 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—
added
by amending paragraph (2) of subsection (c) to read as follows:
added “(2) Basis for provision of advice—For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall—
added “(A) review, on an ongoing basis, cases involving allegations of sexual misconduct described in paragraph (1);
added “(B) study the feasibility of incorporating restorative justice models into the Uniform Code of Military Justice; and
added “(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—
added “(i) limits the ability of sexual assault victims to make statements during presentencing proceedings; and
added “(ii) limits the content of such statements.”
added
in subsection (f)(1), by striking “five years” and inserting “ten years”.
Sec. 548 Defense Advisory Committee for the Prevention of Sexual Misconduct
added
added
Establishment required—
added
In general— The Secretary of Defense shall establish and maintain within the Department of Defense an advisory committee to be known as the “Defense Advisory Committee for the Prevention of Sexual Misconduct” (in this section referred to as the “Advisory Committee”).
added
Deadline for establishment— The Secretary shall establish the Advisory Committee not later than 180 days after the date of the enactment of this Act.
added
Membership—
added
In general— The Advisory Committee shall consist of not more than 20 members, appointed by the Secretary from among individuals who have an expertise appropriate for the work of the Advisory Committee, including at least one individual with each expertise as follows:
added
Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm.
added
Expertise in the prevention of suicide.
added
Expertise in trauma and trauma symptoms.
added
Expertise in the change of culture of large organizations.
added
Expertise in implementation science.
added
Background of individuals— Individuals appointed to the Advisory Committee may include individuals with expertise in sexual assault prevention efforts of institutions of higher education, public health officials, and such other individuals as the Secretary considers appropriate.
added
Prohibition on membership of members of Armed Forces on active duty— A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee.
added
Duties—
added
In general— The Advisory Committee shall advise the Secretary on the following:
added
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.
added
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).
added
Basis for provision of advice— For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following:
added
Closed cases involving allegations of sexual assault described in paragraph (1).
added
Efforts of institutions of higher education to prevent sexual assault among students.
added
Any other information or matters that the Advisory Committee or the Secretary considers appropriate.
added
Coordination of efforts— In addition to the reviews required by paragraph (2), for purposes of providing advice to the Secretary the Advisory Committee shall also consult and coordinate with the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) on matters of joint interest to the two Advisory Committees.
added
Annual report— Not later than March 30 each year, the Advisory Committee shall submit to the Secretary and the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Advisory Committee pursuant to this section during the preceding year.
added
Sexual assault continuum of harm— In this section, the term sexual assault continuum of harm includes—
added
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
added
maltreatment or ostracism of a victim for a report of sexual misconduct.
added
Termination—
added
In general— Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Committee pursuant to subsection (a).
added
Continuation— The Secretary of Defense may continue the Advisory Committee after the termination date applicable under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on the Armed Services of the Senate and House of Representatives.
Sec. 549 Safe to report policy applicable across the Armed Forces
added
added
In general— The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe in regulations a safe to report policy described in subsection (b) that applies with respect to all members of the Armed Forces (including members of the reserve components of the Armed Forces) and cadets and midshipmen at the military service academies.
added
Safe to report policy— The safe to report policy described in this subsection is a policy under which a member of the Armed Forces who is the alleged victim of sexual assault, but who may have committed minor collateral misconduct at or about the time of such sexual assault, or whose minor collateral misconduct is discovered only as a result of the investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct absent aggravating circumstances that increase the gravity of the minor collateral misconduct or its impact on good order and discipline.
added
Minor collateral misconduct— For purposes of the safe to report policy, minor collateral misconduct shall include any of the following:
added
Improper use or possession of alcohol.
added
Consensual intimate behavior (including adultery) or fraternization.
added
Presence in an off-limits area.
added
Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).
added
Aggravating circumstances— The regulations under subsection (a) shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and discipline for purposes of the safe to report policy.
added
Definitions— In this section:
added
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.
added
The term “military service academy” means the following:
added
The United States Military Academy.
added
The United States Naval Academy.
added
The United States Air Force Academy.
Sec. 550 Availability of Special Victims’ Counsel and special victim prosecutors at military installations
added
added
Deadline for availability—
added
In general— If an individual specified in paragraph (2) is not available at a military installation for access by a member of the Armed Forces who requests access to such an individual, such an individual shall be made available at such installation for access by such member by not later than 48 hours after such request.
added
Individuals— The individuals specified in this paragraph are the following:
added
Special Victims’ Counsel (SVC).
added
Special Victim Prosecutor (SPC).
added
Report on civilian support of SVCs— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the assessment of such Secretary of the feasibility and advisability of establishing and maintaining at each installation under the jurisdiction of such Secretary with a Special Victims’ Counsel one or more civilian positions for the purpose of—
added
providing support to such Special Victims’ Counsel; and
added
ensuring continuity and the preservation of institutional knowledge in transitions between the service of individuals as Special Victims’ Counsel at such installation.
Sec. 550a Notice to victims of alleged sexual assault of pendency of further administrative action following a determination not to refer to trial by court-martial
addedadded Under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of alleged sexual assault for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall periodically notify the victim of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination.
Sec. 550b Training for Special Victims' Counsel on civilian criminal justice matters in the States of the military installations to which assigned
added
added
Training—
added
In general— Except as provided in subsection (c), upon the assignment of a Special Victims' Counsel (including a Victim Legal Counsel of the Navy) to a military installation in the United States, such Counsel shall be provided appropriate training on the law and policies of the State or States in which such military installation is located with respect to the criminal justice matters specified in paragraph (2). The purpose of the training is to assist such Counsel in providing victims of alleged sex-related offenses with information necessary to make an informed decision regarding preference as to the jurisdiction (whether court-martial or State court) in which such offenses will be prosecuted.
added
Criminal justice matters— The criminal justice matters specified in this paragraph, with respect to a State, are the following:
added
Victim rights.
added
Prosecution of criminal offenses.
added
Sentencing for conviction of criminal offenses.
added
Alleged sex-related offense defined— In this section, the term alleged sex-related offense means any allegation of—
added
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
added
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).
added
Exception— The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard.
Sec. 551 Authority for detail of certain enlisted members of the Armed Forces as students at law schools
added
added
In general— Chapter 101 of title 10, United States Code, is amended—
added
by redesignating sections 2004a and 2004b as sections 2004b and 2004c, respectively;
added
by inserting after section 2004 the following new section:
added “2004a. Detail as students at law schools: certain enlisted members
added “(a) In general—The Secretary of each military department may, under regulations prescribed by the Secretary of Defense, detail enlisted members of the armed forces as students at accredited law schools, located in the United States, for a period of training leading to the degree of bachelor of laws or juris doctor. No more than twenty-five officers from each military department may commence such training in any single fiscal year.
added “(b) Eligibility for detail—To be eligible for detail under subsection (a), a member must be a citizen of the United States and must—
added “(1) as of the time training is to begin—
added “(A) have served on active duty for a period of not less than four years nor more than eight years;
added “(B) be in pay grade E–5 or E–6; and
added “(C) meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and
added “(2) sign an agreement that, unless sooner separated, the member will—
added “(A) complete the educational course of legal training;
added “(B) upon completion of the educational course of legal training—
added “(i) accept a commission as a commissioned officer in the armed forces; and
added “(ii) accept transfer or detail as a judge advocate or law specialist within the department concerned; and
added “(C) agree to serve on active duty following completion or other termination of the educational course of legal training for a period of two years for each year or part thereof of such training.
added “(c) Selection—Members detailed for legal training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned, under the regulations required by subsection (a).
added “(d) Service and service obligations
added “(1) Except as provided in paragraph (2), any service obligation incurred by a member under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by the member under any other provision of law or agreement.
added “(2)
added “(A) A member who does not successfully complete a course of legal training to which detailed pursuant to this section shall cease such detail and return to the armed force concerned as an enlisted member.
added “(B) Any time of a member described by subparagraph (A) in a course of legal training described in that subparagraph shall not count toward satisfaction of any period of service required under the current contract or agreement of the member for enlistment in the armed forces.
added “(e) Limitation on number detailable—The aggregate number of enlisted members detailed under this section and commissioned officers detailed under section 2004 of this title in any fiscal year by a Secretary of a military department may not exceed 25.
added “(f) Other administrative matters—Subsections (d) and (f) of section 2004 of this title shall apply to the detail of members under this section, except that any reference in such section to an “officer” shall be deemed to be a reference to an “enlisted member” for such purposes.”
Sec. 552 Education of members of the Armed Forces on career readiness and professional development
added
added
Programs of education required—
added
In general— Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section:
added “2015a. Education of members on career readiness and professional development
added “(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.
added “(b) Elements—The program under this section shall provide members with the following:
added “(1) Information on the transition plan as described in section 1142(b)(10) of this title.
added “(2) Information on opportunities available to members during military service for professional development and preparation for a career after military service, including—
added “(A) programs of education, certification, training, and employment assistance (including programs under sections 1143(e), 2007, and 2015 of this title); and
added “(B) programs and resources available to members in communities in the vicinity of military installations.
added “(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).
added “(4) Such other information, instruction, and matters as the Secretary shall specify for purposes of this section.
added “(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:
added “(1) Upon arrival at first duty station.
added “(2) Upon arrival at any subsequent duty station.
added “(3) Upon deployment.
added “(4) Upon promotion.
added “(5) Upon reenlistment.
added “(6) At any other point in a military career specified by the Secretary for purposes of this section
added “(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.”
added
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:
added
Report on implementation—
added
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:
added
A comprehensive description of the actions taken to implement the program of education.
added
A comprehensive description of the program of education.
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
added
the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and
added
the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.
Sec. 553 Defense Language Institute Foreign Language Center
added
added
Authority to award bachelor’s degrees— Section 2168 of title 10, United States Code, is amended—
added
in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
added
by amending subsection (a) to read as follows:
added “(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
added “(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
added “(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”
added
Clerical amendment— The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:
Sec. 554 Expansion of Department of Defense STARBASE Program
added
added
In general— Section 2193b of title 10, United States Code, is amended—
added
in the section heading, by striking “science, mathematics, and technology” and inserting “science, technology, engineering, art and design, and mathematics”;
added
in subsection (a), by striking “science, mathematics, and technology” and inserting “science, technology, engineering, art and design, and mathematics”; and
added
in subsection (b), by striking “mathematics, science, and technology” and inserting “science, technology, engineering, art and design, and mathematics”;
added
Clerical amendment— The table of sections at the beginning of chapter 111 of title 10, United States Code, is amended by striking the item relating to section 2193b and inserting the following new item:
Sec. 555 Degree granting authority for United States Army Armament Graduate School
added
added
In general— Chapter 751 of title 10, United States Code, is amended by adding at the end the following new section:
added “7422. Degree granting authority for United States Army Armament Graduate School
added “(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.
added “(b) Limitation—A degree may not be conferred under this section unless—
added “(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
added “(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.
added “(c) Congressional notification requirements
added “(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—
added “(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
added “(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
added “(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.
added “(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.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 556 Congressional nominations for Senior Reserve Officers’ Training Corps scholarships
addedadded Section 7442 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(k) Any candidate not nominated under paragraphs (3) through (10) of subsection (a) may be considered by the Secretary of the Army in order of merit for appointment as a Senior Reserve Officers’ Training Corps cadet under section 2107 of this title.”
Sec. 557 Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense
added
added
Military academy— Section 7461 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense
added “(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.
added “(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—
added “(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and
added “(B) to approve such application unless there are exceptional circumstances that require denial of the application.
added “(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.
added “(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.
added “(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.”
added
Naval academy— Section 8480 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(e) Consideration of application for transfer for a midshipman who is the victim of a sexual assault or related offense
added “(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.
added “(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—
added “(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and
added “(B) to approve such application unless there are exceptional circumstances that require denial of the application.
added “(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.
added “(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.
added “(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.”
added
Air force academy— Section 9461 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(e) Consideration of application for transfer for a cadet who is the victim of a sexual assault or related offense
added “(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.
added “(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—
added “(A) to approve or deny an application under this subsection not later than 72 hours after the submission of the application; and
added “(B) to approve such application unless there are exceptional circumstances that require denial of the application.
added “(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.
added “(4) The Secretary concerned shall ensure that all records of any request, determination, or action under this subsection remain confidential.
added “(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the Air Force Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”
Sec. 558 Redesignation of the Commandant of the United States Air Force Institute of Technology as the Director and Chancellor of such Institute
added
added
Redesignation— Section 9414b(a) of title 10, United States Code, is amended—
added
in the subsection heading, by striking “Commandant” and inserting “Director and Chancellor”;
added
by striking “Commandant” each place it appears and inserting “Director and Chancellor”; and
added
in the heading of paragraph (3), by striking “Commandant” and inserting “Director and Chancellor”.
added
Conforming amendment— Section 9414 of such title is amended by striking “Commandant” both places it appears and inserting “Director and Chancellor”.
added
References— Any reference in any law, regulation, map, document, paper, or other record of the United States to the Commandant of the United States Air Force Institute of Technology shall be deemed to be a reference to the Director and Chancellor of the United States Air Force Institute of Technology.
Sec. 559 Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force
addedadded Section 9415(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(3) Enlisted members of the armed forces other than the Air Force who are participating in Community College of the Air Force affiliated joint-service training and education courses.”
Sec. 560 Safe-to-report policy applicable to military service academies
added
added
In general— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall prescribe in regulations a safe-to-report policy described in subsection (b) that applies with respect to cadets and midshipmen at the military service academies.
added
Safe-to-report policy— The safe-to-report policy described in this subsection is a policy under which a cadet or midshipman at a military service academy who is the alleged victim of sexual assault, but who may have committed minor collateral misconduct at or about the time of such sexual assault, or whose minor collateral misconduct is discovered only as a result of the investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct.
added
Minor collateral misconduct— For purposes of the safe-to-report policy, minor collateral misconduct shall include any of the following:
added
Improper use or possession of alcohol.
added
Consensual intimate behavior or fraternization with another cadet or midshipman.
added
Presence in an off-limits area.
added
Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).
added
Military service academy defined— In this section, the term “military service academy” means the following:
added
The United States Military Academy.
added
The United States Naval Academy.
added
The United States Air Force Academy.
added
The United States Coast Guard Academy.
Sec. 560a Recoupment of funds from cadets and midshipmen separated for criminal misconduct
addedadded 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—
added
at any time before the cadet or midshipman graduates from the military service academy; and
added
for criminal misconduct by the cadet or midshipman.
Sec. 561 Prohibition on gender-segregated training at Marine Corps Recruit Depots
added
added
Parris Island—
added
Prohibition— Subject to paragraph (2), training at the Marine Corps Recruit Depot, Parris Island, South Carolina, may not be segregated based on gender.
added
Deadline— The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.
added
San Diego—
added
Prohibition— Subject to paragraph (2), training at the Marine Corps Recruit Depot, San Diego, California, may not be segregated based on gender.
added
Deadline— The Commandant of the Marine Corps shall carry out this subsection not later than eight years after the date of the enactment of this Act.
Sec. 562 Medical personnel at Marine Corps Recruit Depots
addedadded Not later than September 30, 2020, the Secretary of the Navy, in coordination with the Navy Medical Department, shall—
added
assign personnel to the Marine Recruit Training Regiment at each Marine Corps Recruit Depot who—
added
possess sufficient medical training and equipment to evaluate sick recruits; and
added
is capable of determining whether a recruit requires emergent care; and
added
ensure such personnel is available after business hours in order to advise personnel regarding the course of action for managing a sick recruit.
Sec. 563 Assessment of deaths of recruits under the jurisdiction of the Secretary of the Navy
added
added
Assessment— The Inspector General of the Department of Defense shall conduct an assessment of the deaths of recruits at facilities under the jurisdiction of the Secretary of the Navy, and the effectiveness of the current medical protocols on the training bases.
added
Report— Not later than September 30, 2020, the Inspector General shall submit to the Committees on Armed Services of the Senate and the House of Representative a report containing the results of the assessment conducted under subsection (a). The report shall include the following:
added
The number of recruits who died during basic training in the five years preceding the date of the report.
added
The causes of deaths described in paragraph (1).
added
The types of medical treatment that was provided to recruits described in paragraph (1).
added
Whether any of the deaths identified under paragraph (1) were found to be a result of medical negligence.
added
A description of medical capabilities and personnel available to the recruits at each facility.
added
A description of medical resources accessible to the recruits at the company level at each facility.
added
A description of 24-hour medical resources available to recruits at each facility.
added
An evaluation of the guidelines and resources in place to monitor sick recruits.
added
An evaluation of how supervisors evaluate and determine whether a sick recruit should continue training or further seek medical assistance.
added
An evaluation of how the Secretary of the Navy can increase visibility of the comprehensive medical status of a sick recruit to instructors and supervisors in order to provide better situational awareness of the such medical status.
added
An evaluation of how to improve and medical care for recruits.
Sec. 564 Inclusion of specific email address block on Certificate of Release or Discharge from Active Duty (DD Form 214)
added
added
Modification required— The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to include a specific block explicitly identified as the location in which a member of the Armed Forces may provide one or more email addresses by which the member may be contacted after discharge or release from active duty in the Armed Forces.
added
Deadline for modification— The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified as required by subsection (a), not later than one year after the date of the enactment of this Act.
Sec. 565 Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214)
added
added
Modification required— The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to be machine readable and electronically transferable.
added
Deadline for modification— The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified pursuant to subsection (a), not later than four years after the date of the enactment of this Act.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the following:
added
What systems of the Department of Defense require an individual to manually enter information from DD Form 214.
added
What activities of the Department of Defense require a veteran or former member of the Armed Forces to provide a physical copy of DD Form 214.
added
The order of priority for modernizing items identified under paragraphs (1) and (2) as determined by the Secretary.
added
The estimated cost, as determined by the Secretary, to automate items identified under paragraphs (1) and (2).
Sec. 566 Records of service for reserves
added
added
Establishment— Not later than September 30, 2020, the Secretary of Defense shall establish and implement a standard record of service for members of the reserve components of the Armed Forces, similar to DD Form 214, that summarizes the record of service of each such member, including dates of active duty service.
added
Coordination— In carrying out this section, the Secretary of Defense shall coordinate with the Secretary of Veterans Affairs to ensure that the record established under this section is acceptable as proof of service for former members of the reserve components of the Armed Forces who are eligible for benefits under laws administered by the Secretary of Veterans Affairs to receive such benefits.
Sec. 571 Authorizing members to take leave for a birth or adoption in more than one increment
addedadded Section 701(i) of title 10, United States Code, is amended by striking paragraph (5).
Sec. 572 Deferred deployment for members who give birth
addedadded Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(l) A member of the armed forces who gives birth while on active duty may not be deployed during the period of 12 months beginning on the date of such birth except—
added “(1) at the election of such member; and
added “(2) with the approval of a health care provider employed at a military medical treatment facility.”
Sec. 573 Authority of the Secretary concerned to transport remains of a covered decedent to no more than two places selected by the person designated to direct disposition of the remains
added
added
Authority— Section 1482(a)(8) of title 10, United States Code, is amended to read as follows:
added “(8)
added “(A) Transportation of the remains, and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37 for an escort of one person, to the place, subject to subparagraph (B), selected by the person designated to direct disposition of the remains or, if such a selection is not made, to a national or other cemetery which is selected by the Secretary and in which burial of the decedent is authorized.
added “(B) The person designated to direct disposition of the remains may select two places under subparagraph (A) if the second place is a national cemetery. If that person selects two places, the Secretary concerned may pay for transportation to the second place only by means of reimbursement under to subsection (b).
added “(C) When transportation of the remains includes transportation by aircraft under section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee.”
added
Military escort and honor guard only to first location— Section 562(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended by adding at the end the following: “If the person designated to direct disposition of the remains selects two places under such section, the term means only the first of those two places.”.
Sec. 574 Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program
addedadded Section 3319(j) of title 38, United States Code, is amended by adding at the end the following new paragraph:
added “(3) The Secretary of Defense may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years of service in the Armed Forces.”
Sec. 575 Absentee ballot tracking program
added
added
Establishment and operation of program— Section 102(h) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(h)) is amended to read as follows:
added “(h) Absentee ballot tracking program
added “(1) Requiring establishment and operation of program—The chief State election official, in coordination with local election jurisdictions, shall establish and operate an absentee ballot tracking program described in paragraph (2) for the use of absent uniformed services voters and overseas voters.
added “(2) Program described
added “(A) Information on transmission and receipt of absentee ballots—An absentee ballot tracking program described in this paragraph is a program under which—
added “(i) the State or local election official responsible for the transmission of absentee ballots in an election for Federal office operates procedures to track and confirm the transmission of such ballots and to make information on the transmission of such a ballot available by means of online access using the internet site of the official’s office; and
added “(ii) the State or local election official responsible for the receipt of absentee ballots in an election for Federal office operates procedures to track and confirm the receipt of such ballots and (subject to subparagraph (B)) to make information on the receipt of such a ballot available by means of online access using the internet site of the official’s office.
added “(B) Specific information on receipt of voted absentee ballots—The information required to be made available under clause (ii) of subparagraph (A) with respect to the receipt of a voted absentee ballot in an election for Federal office shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. The appropriate State or local election official shall make the information described in the previous sentence available during the 30-day period that begins on the date on which the results of the election are certified, or during such earlier 30-day period as the official may provide.
added “(3) Use of toll-free telephone number by officials Without internet site—A program established and operated by a State or local election official whose office does not have an internet site may meet the requirements of paragraph (2) if the official has established and operates a toll-free telephone number that may be used to obtain the information on the transmission or receipt of the absentee ballot which is required under such paragraph.”
added
Effective date— The amendment made by subsection (a) shall apply with respect to elections held during 2020 or any succeeding year.
Sec. 576 Annual State report card
addedadded Section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended by striking “on active duty (as defined in section 101(d)(5) of such title)”.
Sec. 577 Transportation of remains of casualties; travel expenses for next of kin
added
added
Transportation for remains of a member who dies not in a theater of combat operations— Section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended—
added
in the heading, by striking “dying in a theater of combat operations”; and
added
in subsection (a), by striking “in a combat theater of operations” and inserting “outside of the United States”.
added
Transportation for family— The Secretary of Defense shall revise Department of Defense Instruction 1300.18 to extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who die outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware.
Sec. 578 Meetings of officials of the Department of Defense with survivors of deceased members of the Armed Forces
added
added
Chiefs of the Armed Forces— The Secretary of Defense shall direct the chiefs of the Armed Forces to meet periodically with survivors of deceased members of the Armed Forces to receive feedback from those survivors regarding issues affecting such survivors. The Chief of the National Guard Bureau shall meet with survivors of deceased members of the Air National Guard and the Army National Guard.
added
Under Secretary of Defense for Personnel and Readiness— The Under Secretary of Defense for Personnel and Readiness shall meet periodically with survivors of deceased members of the Armed Forces to discuss policies of the Department of Defense regarding military casualties and Gold Star families.
added
Briefing— Not later than April 1, 2020, the Under Secretary of Defense for Personnel and Readiness shall brief the Committee on Armed Services of the House of Representatives regarding policies established and the results of the meetings under subsection (b).
Sec. 579 Direct employment pilot program for members of the National Guard and Reserve, veterans, their spouses and dependents, and members of Gold Star Families
added
added
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:
added
Members of the National Guard and Reserves in reserve active status.
added
Veterans of the Armed Forces.
added
Spouses and other dependents of individuals referred to in paragraphs (1) and (2).
added
Members of Gold Star Families.
added
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.
added
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.
added
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.
added
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.
added
Evaluation— The Secretary shall develop outcome measurements to evaluate the success of the pilot program.
added
Reporting requirements—
added
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.
added
Elements of report— A report under paragraph (1) shall include the following:
added
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.
added
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.
added
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.
added
Any other matters considered appropriate by the Secretary of Defense.
added
Duration of authority— The authority to carry out the pilot program expires on September 30, 2023, except that the Secretary may, at the Secretary's discretion, extend the pilot program for not more than two additional fiscal years.
Sec. 580 Continued assistance to schools with significant numbers of military dependent students
added
added
Assistance to schools with significant numbers of military dependent students— Of the amount authorized to be appropriated for fiscal year 2020 in Division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in Section 4301 of this Act, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
added
Impact aid for children with severe disabilities— Of the amount authorized to be appropriated for fiscal year 2020 in Division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in Section 4301 of this Act, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
added
Local educational agency defined— In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
Sec. 581 Expansion of Gold Star Lapel Button Eligibility to stepsiblings; free replacement
added
added
Eligibility of stepsiblings— Subsection (d)(3) of section 1126 of title 10, United States Code, is amended by striking “and half sisters” and inserting “half sisters, stepbrothers, and stepsisters”.
added
Free replacement— Subsection (c) of such section is amended by striking “and payment of an amount sufficient to cover the cost of manufacture and distribution” and inserting “at no cost to that person”.
Sec. 582 Establishment of the Atomic Veterans Service Medal
added
added
Service medal required— The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).
added
Distribution of medal—
added
Issuance to retired and former members— At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.
added
Issuance to next-of-kin— In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.
added
Application— The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.
Sec. 583 Review of World War I valor medals
added
added
Review required— Each Secretary concerned shall review the service records of each World War I veteran described in subsection (b) under the jurisdiction of such Secretary who is recommended for such review by the Valor Medals Review Task Force referred to in subsection (c), or another veterans service organization, in order to determine whether such veteran should be awarded the Medal of Honor for valor during World War I.
added
Covered World War I veterans— The World War I veterans whose service records are to be reviewed under subsection (a) are the following:
added
Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918.
added
Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918.
added
Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was recommended for a Medal of Honor for an action that occurred from April 6, 1917, to November 11, 1918, if the Department of Defense possesses or receives records relating to such recommendation.
added
Consultations— In carrying out the review under subsection (a), each Secretary concerned may consult with the Valor Medals Review Task Force, jointly established by the United States Foundation for the Commemoration of the World Wars (in consultation with the United States World War One Centennial Commission) and the George S. Robb Centre for the Study of the Great War, and with such other veterans service organizations as such Secretary determines appropriate, until the conclusion of the review.
added
Recommendation based on review— If a Secretary concerned determines, based upon the review under subsection (a), that the award of the Medal of Honor to a covered World War I veteran is warranted, such Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran.
added
Authority to award Medal of Honor— The Medal of Honor may be awarded to a World War I veteran in accordance with a recommendation of a Secretary concerned under subsection (d).
added
Waiver of time limitations— An award of the Medal of Honor may be made under subsection (e) without regard to—
added
section 7274 or 8298 of title 10, United States Code, as applicable; and
added
any regulation or other administrative restriction on—
added
the time for awarding the Medal of Honor; or
added
the awarding of the Medal of Honor for service for which a Distinguished Service Cross or Navy Cross has been awarded.
added
Definitions—
added
In general— In this section:
added
African American war veteran— The term “African American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as of African descent on his military personnel records.
added
Asian American war veteran— The term “Asian American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country in Asia on his military personnel records.
added
Hispanic American war veteran— The term “Hispanic American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country where Spanish is an official language on his military personnel records.
added
Jewish American war veteran— The term “Jewish American war veteran” mean any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as Jewish on his military personnel records.
added
Native American war veteran— The term “Native American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as a member of a federally recognized tribe within the modern territory of the United States on his military personnel records.
added
Secretary concerned— The term “Secretary concerned” means—
added
the Secretary of the Army, in the case of members of the Armed Forces who served in the Army between April 6, 1917, and November 11, 1918; and
added
the Secretary of the Navy, in the case of members of the Armed Forces who served in the Navy or the Marine Corps between April 6, 1917, and November 11, 1918.
added
Application of definitions of origin— If the military personnel records of a person do not reflect the person’s membership in one of the groups identified in subparagraphs (B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person’s Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned (in consultation with the organizations referred to in subsection (c)) for purposes of this section.
Sec. 591 Repeal of quarterly report on end strengths
addedadded Section 115(e) of title 10, United States Code, is amended by striking paragraph (3).
Sec. 592 Revision of Workplace and Gender Relations Surveys
added
added
Surveys of members of the Armed Forces— Section 481(c) of title 10, United States Code, is amended—
added
in the matter preceding paragraph (1), by inserting “unwanted sexual contact,” after “assault,”;
added
by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
added
by inserting after paragraph (2), the following new paragraph (3):
added “(3) The specific types of unwanted sexual contact that have occurred, and the number of times each respondent has been subjected to unwanted sexual contact during the preceding year.”
added
in paragraph (5), as so redesignated, by striking “and assault” and inserting “assault, and unwanted sexual contact”;
added
in paragraph (6), as so redesignated, by striking “or assault” and inserting “assault, or unwanted sexual contact”.
added
Surveys of civilian employees of the Department of Defense— Section 481a of title 10, United States Code, is amended—
added
in subsection (a)(1), by striking “and discrimination” and inserting “discrimination, and unwanted sexual contact”;
added
in subsection (b)—
added
by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
added
by inserting after paragraph (2) the following new paragraph (3):
added “(3) The specific types of unwanted sexual contact that civilian employees of the Department were subjected to by other personnel of the Department (including contractor personnel), and the number of times each respondent has been subjected to unwanted sexual contact during the preceding fiscal year.”
added
in paragraph (5), as so redesignated, by striking “and discrimination” and inserting “discrimination, and unwanted sexual contact”; and
added
in paragraph (6), as so redesignated, by striking “or discrimination” and inserting “discrimination, or unwanted sexual contact”.
added
Effective date— The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply with respect to surveys under sections 481 and 481a of title 10, United States Code, that are initiated after such date.
Sec. 593 Modification of elements of reports on the improved Transition Assistance Program
addedadded Section 552(b)(4) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—
added
by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively;
added
by inserting before subparagraph (B), as redesignated by paragraph (1), the following new subparagraph (A):
added “(A) The total number of members eligible to attend Transition Assistance Program counseling.”
added
by adding at the end the following new subparagraphs:
added “(F) The number of members who participated in programs under section 1143(e) of title 10, United States Code (commonly referred to as “Job Training, Employment Skills, Apprenticeships and Internships (JTEST-AI)” or “Skill Bridge”).
added “(G) Such other information as is required to provide Congress with a comprehensive description of the participation of the members in the Transition Assistance Program and programs described in subparagraph (F).”
Sec. 594 Questions in workplace surveys regarding supremacist, extremist, and racist activity
addedadded 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—
added
experienced or witnessed in the workplace—
added
supremacist activity;
added
extremist activity; or
added
racism; and
added
reported activity described in paragraph (1).
Sec. 595 Command matters in connection with transition assistance programs
added
added
Inclusion of support for participation in programs in command climate assessments— Not later than 180 days after the date of the enactment of this Act, each command climate assessment for the commander of a military installation shall include an assessment of the extent to which the commander and other command personnel at the installation encourage and support the participation in covered transition assistance programs of members of the Armed Forces at the installation who are eligible for participation in such programs.
added
Training on programs— The training provided a commander of a military installation in connection with the commencement of assignment to the installation shall include a module on the covered transition assistance programs available for members of the Armed Forces assigned to the installation.
added
Covered transition assistance programs defined— In this section, the term covered transition assistance programs means the following:
added
The Transition Assistance Program.
added
The programs under section 1143(e) of title 10, United States Code (commonly referred to as “Job Training, Employment Skills, Apprenticeships and Internships (JTEST–AI)” or “Skill Bridge”).
added
Any program of apprenticeship, on-the-job-training, internship, education, or transition assistance offered (whether by public or private entities) in the vicinity of the military installation concerned in which members of the Armed Forces at the installation are eligible to participate.
added
Any other program of apprenticeship, on-the-job training, internship, education, or transition assistance specified by the Secretary of Defense for purposes of this section.
Sec. 596 Expressing support for the designation of a “Gold Star Families Remembrance Day”
added
added
Findings— Congress finds the following:
added
March 2, 2020, marked the 91st anniversary of President Calvin Coolidge signing an Act of Congress that approved and funded the first Gold Star pilgrimage to enable Gold Star families to travel to the gravesites of their loved ones who died during World War I.
added
The members of the Armed Forces of the United States bear the burden of protecting the freedom of the people of the United States.
added
The sacrifices of the families of the fallen members of the Armed Forces of the United States should never be forgotten.
added
Sense of Congress— It is the sense of Congress to—
added
support the designation of a “Gold Star Families Remembrance Day”;
added
honor and recognize the sacrifices made by the families of members of the Armed Forces of the United States who gave their lives to defend freedom and protect America; and
added
encourage the people of the United States to observe “Gold Star Families Remembrance Day” by—
added
performing acts of service and good will in their communities; and
added
celebrating the lives of those who have made the ultimate sacrifice so that others could continue to enjoy life, liberty, and the pursuit of happiness.
Sec. 601 Clarification of continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action
addedadded Section 372(b)(1) of title 37, United States Code, is amended to read as follows:
added “(1) The date on which the member is returned for assignment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Secretary of a military department, the date on which the member is determined fit for duty.”
Sec. 602 Basic needs allowance for low-income regular members
added
added
In general— Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section:
added “402b. Basic needs allowance for low-income regular members
added “(a) Allowance required
added “(1) Subject to paragraph (2), the Secretary of Defense shall pay to each covered member a basic needs allowance in the amount determined for such member under subsection (b).
added “(2) In the event a household contains two or more covered members entitled to receive the allowance under this section in a given year, only one allowance may be paid for that year to a covered member among such covered members whom such covered members shall jointly elect.
added “(b) Amount of allowance for a covered member
added “(1) The amount of the monthly allowance payable to a covered member under subsection (a) for a year shall be the aggregate amount equal to—
added “(A) the aggregate amount equal to—
added “(i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; minus
added “(ii) the gross household income of the covered member during the preceding year; and
added “(B) divided by 12.
added “(2) The monthly allowance payable to a covered member for a year shall be payable for each of the 12 months following March of such year.
added “(c) Notice of eligibility
added “(1)
added “(A) Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each individual whom the Director estimates will be a covered member during the following year of the potential entitlement of that individual to the allowance described in subsection (a) for that following year.
added “(B) The preliminary notice under subparagraph (A) shall include information regarding financial management and assistance programs administered by the Secretary of Defense for which a covered member is eligible.
added “(2) Not later than January 31 each year, each individual who seeks to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such individual is a covered member for such year.
added “(3) Not later than February 28 each year, the Director shall notify, in writing, each individual the Director determines to be a covered member for such year.
added “(d) Election not To receive allowance
added “(1) A covered member otherwise entitled to receive the allowance under subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable.
added “(2) A covered member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year.
added “(e) Definitions—In this section:
added “(1) The term “covered member” means a regular member of the Army, Navy, Marine Corps, or Air Force—
added “(A) who has completed initial entry training;
added “(B) whose gross household income during the most recent year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; and
added “(C) who does not elect under subsection (d) not to receive the allowance for such year.
added “(2) The term “gross household income” of a covered member for a year for purposes of paragraph (1)(B) does not include any basic allowance for housing received by the covered member (and any dependents of the covered member in the household of the covered member) during such year under section 403 of this title.
added “(f) Regulations—The Secretary of Defense shall prescribe regulations for the administration of this section. Subject to subsection (e)(2), such regulations shall specify the income to be included in, and excluded from, the gross household income of individuals for purposes of this section.”
added
Clerical amendment— The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:
Sec. 603 Temporary increase of rates of basic allowance for housing following determination that local civilian housing costs significantly exceed such rates
addedadded Section 403(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:
added “(8)
added “(A) The Secretary of Defense may prescribe a temporary increase in the current rates of basic allowance for housing for a military housing area or a portion thereof (in this paragraph, “BAH rates”) if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof exceed the current BAH rates by more than 20 percent.
added “(B) Any temporary increase in BAH rates under this paragraph shall remain in effect only until the effective date of the first adjustment of BAH rates for the affected military housing area that occurs after the date of the increase under this paragraph.
added “(C) This paragraph shall cease to be effective on September 30, 2022.”
Sec. 604 Basic allowance for housing for a member without dependents when relocation would financially disadvantage the member
addedadded Section 403(o) of title 37, United States Code, is amended—
added
by inserting “(1)” before “In”; and
added
by adding at the end the following new paragraph:
added “(2)
added “(A) In the case of a member described in subparagraph (B), the member may be treated for the purposes of this section as if the unit to which the member is assigned did not undergo a change of home port or a change of permanent duty station if the Secretary concerned determines that it would be inequitable to base the member’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station.
added “(B) A member described in this subparagraph—
added “(i) has no dependents;
added “(ii) is assigned to a unit that undergoes a change of home port or a change of permanent duty station; and
added “(iii) is in receipt of orders to return to the previous home port or duty station.”
Sec. 605 Partial dislocation allowance
added
added
Current authority— Section 477(f)(1) of title 37, United States Code, is amended by striking “family”.
added
Future authority— Section 452(c) of title 37, United States Code, is amended—
added
by redesignating paragraph (3) as paragraph (4); and
added
by inserting after paragraph (2) the following new paragraph (3):
added “(3)
added “(A) A partial dislocation allowance paid to a member ordered to occupy or vacate housing provided by the United States.
added “(B) Beginning on January 1, 2022, the partial dislocation allowance under subparagraph (A) shall, subject to subparagraph (C), be equal in value to the allowance under section 477(f) of this title on December 31, 2021, as adjusted in regulations prescribed by the Secretary concerned under the authority established by that section.
added “(C) Effective on the same date in 2022 and any subsequent year that the monthly rates of basic pay for all members are increased under section 1009 of this title or another provision of law, the Secretary of Defense shall adjust the rate of the partial dislocation allowance under this paragraph by the percentage equal to the average percentage increase in the rates of basic pay.”
Sec. 611 One-year extension of certain expiring bonus and special pay authorities
added
added
Authorities relating to reserve forces— Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.
added
Title 10 authorities relating to health care professionals— The following sections of title 10, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”:
added
Section 2130a(a)(1), relating to nurse officer candidate accession program.
added
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
added
Authorities relating to nuclear officers— Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.
added
Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities— The following sections of title 37, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”:
added
Section 331(h), relating to general bonus authority for enlisted members.
added
Section 332(g), relating to general bonus authority for officers.
added
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
added
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
added
Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
added
Section 351(h), relating to hazardous duty pay.
added
Section 352(g), relating to assignment pay or special duty pay.
added
Section 353(i), relating to skill incentive pay or proficiency bonus.
added
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
added
Authority to provide temporary increase in rates of basic allowance for housing— Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.
Sec. 621 Payment of transitional compensation for certain dependents
addedadded Section 1059(m) of title 10, United States Code, is amended—
added
in the subsection heading, by inserting “members or” after “dependents of”;
added
by inserting “member or” before “former member” each place it appears; and
added
by amending paragraph (3) to read as follows:
added “(3) For the purposes of this subsection, a member is considered separated from active duty upon the earliest of—
added “(A) the date an administrative separation is initiated by a commander of the member;
added “(B) the date the court-martial sentence is adjudged if the sentence, as adjudged, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; or
added “(C) the date the member’s term of service expires.”
Sec. 622 Death gratuity for ROTC graduates
added
added
In general— Section 1475(a)(4) of title 10, United States Code, is amended by adding “; or a graduate of a reserve officers' training corps who has yet to receive a first duty assignment; or” at the end.
added
Effective date— The amendment under subsection (a) applies to deaths that occur on or after the date of the enactment of this Act.
Sec. 623 Continued eligibility for education and training opportunities for spouses of promoted members
addedadded Section 1784a(b) of title 10, United States Code, is amended—
added
by inserting “(1)” before “Assistance”; and
added
by adding at the end the following new paragraph:
added “(2) A spouse who is eligible for a program under this section and begins a course of education or training for a degree, license, or credential described in subsection (a) may not become ineligible to complete such course of education or training solely because the member to whom the spouse is married is promoted to a higher grade.”
Sec. 624 Occupational improvements for relocated spouses of members of the uniformed services
added
added
Improvement of occupational license portability for military spouses through interstate compacts— Section 1784 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(h) Improvement of occupational license portability through interstate compacts
added “(1) In general—The Secretary of Defense may enter into a cooperative agreement with the Council of State Governments to assist with funding of the development of interstate compacts on licensed occupations in order to alleviate the burden associated with relicensing in such an occupation by spouse of a members of the armed forces in connection with a permanent change of duty station of members to another State.
added “(2) Limitation—The amount provided under paragraph (1) as assistance for the development of any particular interstate compact may not exceed $1,000,000.
added “(3) Annual report—Not later than February 28 each year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on interstate compacts described in paragraph (1) developed through assistance provided under that paragraph. Each report shall set forth the following:
added “(A) Any interstate compact developed during the preceding calendar year, including the occupational licenses covered by such compact and the States agreeing to enter into such compact.
added “(B) Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year.
added “(4) Expiration—The authority to enter into a cooperative agreement under paragraph (1), and to provide assistance described in that paragraph pursuant to such cooperative agreement, shall expire on September 30, 2024.”
added
Guarantee of residency for registration of businesses of spouses of members of uniformed services—
added
In general— Title VI of the Servicemembers Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by adding at the end the following new section:
added “707. Guarantee of residency for businesses of spouses of servicemembers
added “For the purposes of registering a business—
added “(1) a person who is absent from a State because the person is accompanying the person's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence—
added “(A) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;
added “(B) be deemed to have acquired a residence or domicile in any other State; or
added “(C) be deemed to have become a resident in or a resident of any other State; and
added “(2) the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.”
added
Clerical amendment— The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 706 the following new item:
Sec. 625 Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such services to survivors of members of the Armed Forces who die in line of duty
addedadded Section 1798(a) of title 10, United States Code, is amended by inserting “, survivors of members of the armed forces who die in line of duty while on active duty, active duty for training, or inactive duty for training,” after “armed forces”.
Sec. 626 Space-available travel on military aircraft for children and surviving spouses of members who die of hostile action or training duty
addedadded Section 2641b(c) of title 10, United States Code, is amended—
added
by redesignating paragraph (6) as paragraph (7); and
added
by inserting after paragraph (5) the following new paragraph (6):
added “(6) Children (as described by section 1072(2)(D) or section 1110b(b) of this title, as the case may be) and surviving spouses of members of the armed forces who die as a result of hostile action or training duty.”
Sec. 627 Consideration of service on active duty to reduce age of eligibility for retired pay for non-regular service
addedadded Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking “under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)” and inserting “under section 12301(d) or 12304b of this title, or under a provision of law referred to in section 101(a)(13)(B)”.
Sec. 628 Modification to authority to reimburse for State licensure and certification costs of a spouse of a member arising from relocation
addedadded Section 476(p) of title 37, United States Code, is amended—
added
in paragraph (1), by striking “armed forces” and inserting “uniformed services”;
added
in paragraph (2), by striking “$500” and inserting “$1,000”;
added
in paragraph (3)—
added
in subparagraph (A), by striking “and”;
added
in subparagraph (B), by striking the period and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(C) an analysis of whether the maximum reimbursement amount under paragraph (2) is sufficient to cover the average costs of relicensing described in paragraph (1).”
added
in paragraph (4), by striking “December 31, 2022” and inserting “December 31, 2024”.
Sec. 629 Improvements to child care for members of the Armed Forces
added
added
Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such services to survivors of members of the armed forces who die in the line of duty— Section 1798(a) of title 10, United States Code, is amended by inserting “, survivors of members of the armed forces who die in the line of duty while on active military, naval, or air service (as that term is defined in section 101 of title 38),” after “armed forces”.
added
Expansion of direct hiring authority for child care service providers— Section 559 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1792 note) is amended—
added
in the section heading, by striking “for Department child development centers”;
added
in subsection (a)(1), by striking for “Department of Defense child development centers” and inserting “for the Department of Defense”; and
added
in subsection (e), by striking “in child development centers”.
added
Assessment of financial assistance provided to civilian child care providers—
added
Assessment— The Secretary of Defense shall assess the maximum amount of financial assistance provided to eligible civilian providers of child care services or youth program services that furnish such service for members of the armed forces and employees of the United States under section 1798 of title 10, United States Code, as amended by subsection (a). Such assessment shall include the following:
added
The determination of the Secretary whether the maximum allowable financial assistance should be standardized across the Armed Forces.
added
Whether the maximum allowable amount adequately accounts for high-cost duty stations.
added
Report— No later than June 1, 2020, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the assessment under paragraph (1) and any actions taken by the Secretary to remedy identified shortfalls in assistance described in that paragraph.
added
Assessment of child care capacity on military installations—
added
Assessment— The Secretary of Defense shall assess the capacity for child care at all military installations to ensure that members of the Armed Forces have meaningful access to child care during tours of duty.
added
Remedial action— The Secretary of Defense shall take steps the Secretary determines necessary to alleviate the waiting lists for child care described in paragraph (1).
added
Report— Not later than June 1, 2020, the Secretary of Defense shall provide a report to the Committees on Armed Forces of the Senate and the House of Representative regarding—
added
the assessment under paragraph (1);
added
action taken under paragraph (2); and
added
any additional resources (including additional funding for and child care facilities and workers) the Secretary determines necessary to increase access described in paragraph (1).
added
Assessment of accessibility of websites of the Department of Defense related to child care and spousal employment—
added
Assessment— The Secretary of Defense shall review the functions and accessibility of websites of the Department of Defense designed for members of the Armed Forces and the families of such members to access information and services offered by the Department regarding child care, spousal employment, and other family matters.
added
Report— Not later than March 1, 2020, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the assessment under paragraph (1) and actions taken to enhance accessibility of the websites.
added
Portability of background investigations for child care providers— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that the background investigation and training certification for a child care provider employed by the Department of Defense in a facility of the Department may be transferred to another facility of the Department, without regard to which Secretary of a military department has jurisdiction over either such facility.
Sec. 630 Casualty assistance for survivors of deceased ROTC graduates
addedadded Section 633 of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 1475 note) is amended by adding at the end the following new subsection:
added “(c) ROTC graduates
added “(1) Treated as members—For purposes of this section, a graduate of a reserve officers' training corps who dies before receiving a first duty assignment shall be treated as a member of the Armed Forces who dies while on active duty.
added “(2) Effective date—This subsection applies to deaths on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.”
Sec. 631 GAO review of defense resale optimization study
added
added
Review— The Comptroller General of the United States shall conduct a review of the business case analysis performed as part of the defense resale optimization study conducted by the Reform Management Group, titled “Study to Determine the Feasibility of Consolidation of the Defense Resale Entities” and dated December 4, 2018.
added
Report required; elements— Not later than April 1, 2020, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the review performed under this section. The report shall include evaluations of the following:
added
The descriptions and justifications for the assumptions, analytical choices and data used by the Reform Management Group to calculate:
added
Pricing.
added
Sales assumptions.
added
Accuracy of methods employed to measure patron savings levels.
added
The timetable for consolidation of military exchanges and commissaries.
added
The recommendations for consolidation developed as part of the business case analysis, including the overall cost of consolidation.
added
The budget and oversight implications of merging non-appropriated funds and appropriated funds to implement the recommended reforms.
added
The extent to which the Reform Management Group coordinated with the Secretaries of the military departments and the chiefs of the Armed Forces in preparing the study.
added
The extent to which the Reform Management Group addressed concerns of the Secretaries of the military departments and the chiefs of the Armed Forces in the study.
added
If the recommendations in the business case analysis were implemented—
added
the ability of military exchanges and commissaries to provide earnings to support on-base morale, welfare, and recreation programs; and
added
the financial viability of the military exchanges and commissaries.
added
Delay on consolidation— The Secretary of Defense may not take any action to consolidate military exchanges and commissaries until the Committees on Armed Services of the Senate and the House of Representatives notify the Secretary in writing of receipt and acceptance of the findings of the Comptroller General in the report required under this section.
Sec. 701 Contraception coverage parity under the TRICARE program
added
added
In general— Section 1074d of title 10, United States Code, is amended—
added
in subsection (a), by inserting “for members and former members” after “Services available”;
added
by redesignating subsection (b) as subsection (d); and
added
by inserting after subsection (a) the following new subsections:
added “(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).
added “(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.”
added
Conforming amendment— Section 1077(a)(13) of such title is amended by striking “section 1074d(b)” and inserting “section 1074d(d)”.
Sec. 702 Pregnancy prevention assistance at military medical treatment facilities for sexual assault survivors
added
added
In general— Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section:
added “1074p. Provision of pregnancy prevention assistance at military medical treatment facilities
added “(a) Information and assistance—The Secretary of Defense shall promptly furnish to sexual assault survivors at each military medical treatment facility the following:
added “(1) Comprehensive, medically and factually accurate, and unbiased written and oral information about all methods of emergency contraception approved by the Food and Drug Administration.
added “(2) Notification of the right of the sexual assault survivor to confidentiality with respect to the information and care and services furnished under this section.
added “(3) Upon request by the sexual assault survivor, emergency contraception or, if applicable, a prescription for emergency contraception.
added “(b) Information—The Secretary shall ensure that information provided pursuant to subsection (a) is provided in language that—
added “(1) is clear and concise;
added “(2) is readily comprehensible; and
added “(3) meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may prescribe in regulations to carry out this section.
added “(c) Definitions—In this section:
added “(1) The term sexual assault survivor means any individual who presents at a military medical treatment facility and—
added “(A) states to personnel of the facility that the individual experienced a sexual assault;
added “(B) is accompanied by another person who states that the individual experienced a sexual assault; or
added “(C) whom the personnel of the facility reasonably believes to be a survivor of sexual assault.
added “(2) The term sexual assault means the conduct described in section 1565b(c) of this title that may result in pregnancy.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item:
Sec. 703 Modification of eligibility for TRICARE Reserve Select for certain members of the Selected Reserve
addedadded Section 1076d(a)(2) of title 10, United States Code, is amended by striking “Paragraph (1) does not apply” and inserting “During the period preceding January 1, 2030, paragraph (1) does not apply”.
Sec. 704 Lead level screenings and testings for children
added
added
TRICARE—
added
Well-baby care— Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(i)
added “(1) Beginning January 1, 2020, in furnishing well-baby care under subsection (a)(8), the Secretary shall ensure that the following care is made available:
added “(A) With respect to a child who lives in housing built before 1978 at any time during the first 24 months of the life of the child—
added “(i) the first testing of the child for the level of lead in the blood of the child at approximately the age of 12 months; and
added “(ii) the second such test at approximately the age of 24 months.
added “(B) With respect to a child not covered by subparagraph (A) whose parent or guardian, at any time during the first 24 months of the life of the child, has a military occupational specialty that the Secretary determines poses an elevated risk of lead exposure—
added “(i) the first testing of the child for the level of lead in the blood of the child at approximately the age of 12 months; and
added “(ii) the second such test at approximately the age of 24 months.
added “(C) With respect to a child not covered by subparagraph (A) or (B)—
added “(i) the first screening of the child for an elevated risk of lead exposure at approximately the age of 12 months; and
added “(ii) the second such screening at approximately the age of 24 months.
added “(D) With respect to a child covered by subparagraph (C) whose screening indicates an elevated risk of lead exposure, testing of the child for the level of lead in the blood of the child.
added “(2) The Secretary shall ensure that any care provided to a child pursuant to this chapter for lead poisoning, including the care under paragraph (1), is carried out in accordance with applicable advice from the Centers for Disease Control and Prevention.
added “(3)
added “(A) With respect to a child who receives a test under paragraph (1), the Secretary shall provide the results of the test to the parent or guardian of the child.
added “(B) With respect to a child who receives a test under paragraph (1), the Secretary shall provide the results of the test and the address at which the child resides to—
added “(i) the relevant health department of the State in which the child resides if the child resides in the United States; or
added “(ii) the Centers for Disease Control and Prevention if the child resides outside the United States.
added “(C) In providing information regarding a child to a State or the Centers for Disease Control and Prevention under subparagraph (B), the Secretary may not provide any identifying information or health information of the child that is not specifically authorized in such subparagraph.
added “(D) In this paragraph, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.”
added
Conforming amendment— Subsection (a)(8) of such section is amended by striking “including well-baby care that includes one screening of an infant for the level of lead in the blood of the infant” and inserting “including, in accordance with subsection (i), well-baby care that includes screenings and testings for lead exposure and lead poisoning”.
added
Study— Not later than January 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report detailing the following:
added
The number of children who were tested for the level of lead in the blood of the child pursuant to subparagraph (A) of subsection (i)(1) of section 1077 of title 10, United States Code, as added by paragraph (1), and of such number, the number who were found to have elevated blood lead levels.
added
The number of children who were tested for the level of lead in the blood of the child pursuant to subparagraph (B) of such subsection (i)(1), and of such number, the number who were found to have lead poisoning.
added
The number of children who were screened for an elevated risk of lead exposure pursuant to subparagraph (C) of such subsection (i)(1).
added
The number of children who were tested for the level of lead in the blood of the child pursuant to subparagraph (D) of such subsection, and of such number, the number who were found to have elevated blood lead levels.
added
The treatment provided to children pursuant to chapter 55 of title 10, United States Code, for lead poisoning.
added
GAO Report— Not later than January 1, 2022, the Comptroller General of the United States shall submit to the congressional defense committees a report on the effectiveness of screening, testing, and treating children for lead exposure and lead poisoning pursuant to chapter 55 of title 10, United States Code.
added
Notification of housing— Section 403 of title 37, United States Code, is amended by adding at the end the following new subsection:
added “(p) Records regarding housing and lead-Based paint
added “(1) The Secretary concerned shall keep a record of whether the following housing was built before, during, or after 1978:
added “(A) Quarters of the United States under the jurisdiction of that Secretary concerned.
added “(B) A housing facility under the jurisdiction of that Secretary concerned.
added “(C) Other housing in which a member of the uniformed service of that Secretary concerned resides.
added “(2) As a condition of receipt of a basic allowance for housing under this section, a member of the uniformed services shall notify the Secretary concerned whether the housing in which that member resides was built before, during, or after 1978.”
Sec. 705 Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of periodic health assessments and other physical examinations
added
added
Periodic health assessment— The Secretary of Defense shall ensure that any periodic health assessment provided to members of the Armed Forces includes an evaluation of whether the member has been—
added
based or stationed at a location where an open burn pit was used; or
added
exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry.
added
Separation history and physical examinations— Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
added “(C) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—
added “(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or
added “(ii) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.”
added
Deployment assessments— Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
added “(D) An assessment of whether the member was—
added “(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or
added “(ii) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.”
added
Sharing of information—
added
DOD–VA— The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to toxic airborne chemicals or other airborne contaminants.
added
Registry— If a covered evaluation of a member of the Armed Forces establishes that the member was based or stationed at a location where an open burn pit was used or that the member was exposed to toxic airborne chemicals or other airborne contaminants, the member shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the member elects to not so enroll.
added
Rule of construction— Nothing in this section may be construed to preclude eligibility for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the open burn pit exposure history of a veteran not being recorded in a covered evaluation.
added
Definitions— In this section:
added
The term Airborne Hazards and Open Burn Pit Registry means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
added
The term covered evaluation means—
added
a periodic health assessment conducted in accordance with subsection (a);
added
a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and
added
a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by this section.
added
The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
Sec. 706 Enhancement of recordkeeping and postdeployment medical assessment requirements related to occupational and environmental hazard exposure during deployment
added
added
Recording of occupational and environmental health risks in deployment area—
added
Elements of medical tracking system— Subsection (b)(1)(A) of section 1074f of title 10, United States Code, is amended—
added
in clause (ii), by striking “and” at the end;
added
in clause (iii), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new clause:
added “(iv) accurately record any exposure to occupational and environmental health risks during the course of their deployment.”
added
Recordkeeping— Subsection (c) of such section is amended by inserting after “deployment area” the following: “(including the results of any assessment performed by the Secretary of occupational and environmental health risks for such area)”.
added
Effective date— The amendments made by this subsection shall take effect on the date of the enactment of this Act.
added
Integration of burn pit registry information into electronic health records—
added
Updates to electronic health records— Beginning not later than one year after the date of the enactment of this Act—
added
the Secretary of Defense shall ensure that the electronic health record maintained by such Secretary of a member of the Armed Forces registered with the burn pit registry is updated with any information contained in such registry; and
added
the Secretary of Veterans Affairs shall ensure that the electronic health record maintained by such Secretary of a veteran registered with the burn pit registry is updated with any information contained in such registry.
added
Burn pit registry defined— In this subsection, the term “burn pit registry” means the registry established under section 201 of the Dignified Burial and Other Veterans’ Improvements Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
added
Postdeployment medical examination and reassessments—
added
Additional requirements— Section 1074f of title 10, United States Code is further amended by adding at the end the following new subsection:
added “(g) Additional requirements for postdeployment medical examinations and health reassessments
added “(1) The Secretary of Defense shall—
added “(A) standardize and make available to a provider that conducts a postdeployment medical examination or reassessment under the system described in subsection (a) questions relating to occupational and environmental health exposure; and
added “(B) prior to an examination or reassessment of a member of the armed forces, require such provider to review information applicable to such member—
added “(i) in a Periodic Occupational and Environmental Monitoring Summary (or any successor document); and
added “(ii) on the Defense Occupational and Environmental Health Readiness System (or any successor system).
added “(2) The Secretary shall ensure that the medical record of a member includes information on the external cause relating to a diagnosis of the member, including by associating an external cause code (as issued under the International Statistical Classification of Diseases, 10th Revision (or any successor revision)).”
added
Effective date— The amendments made by this subsection shall take effect 180 days after the date of the enactment of this Act.
added
Report by Comptroller General of the United States— Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report containing an evaluation of the implementation of this section (and the amendments made by this section), including an assessment of the extent to which the Secretary of Defense and Secretary of Veterans Affairs are in compliance with the applicable requirements of this section (and the amendments made by this section).
Sec. 707 Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation
added
added
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:
added “(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.
added “(D) Subject to subsection (d), not less than once annually—
added “(i) beginning 14 days after the date of redeployment from the contingency operation; or
added “(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.”
added
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:
added “(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.
added “(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—
added “(A) an insufficient number of personnel are available to perform the assessment during the time period under such subparagraph; or
added “(B) an administrative processing issue exists upon the return of the member to the home unit or duty station that would prevent the effective performance of the assessment during such time period.”
added
Effective date— The amendments made by this section shall apply with respect to a date of redeployment that is on or after January 1, 2020.
Sec. 708 Provision of blood testing for firefighters of Department of Defense to determine exposure to perfluoroalkyl and polyfluoroalkyl substances
addedadded The Secretary of Defense shall include, as part of the annual physical examination provided by the Secretary to each firefighter of the Department of Defense, blood testing to determine and document the potential exposure of such firefighters to perfluoroalkyl and polyfluoroalkyl substances (commonly known as “PFAS”).
Sec. 711 Requirements for certain prescription drug labels
added
added
Requirement— Section 1074g of title 10, United States Code, is amended—
added
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
added
by inserting after subsection (g) the following new subsection (h):
added “(h) Labeling—The Secretary of Defense shall ensure that drugs made available through the facilities of the armed forces under the jurisdiction of the Secretary include labels that—
added “(1) are printed and physically located on or within the package from which the drug is to be dispensed; and
added “(2) provide adequate directions for the purposes for which the drug is intended.”
added
Conforming amendment— Subsection (b)(1) of such section is amended by striking “under subsection (h)” and inserting “under subsection (j)”.
added
Implementation— Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement subsection (h) of section 1074g of title 10, United States Code, as added by subsection (a).
Sec. 712 Officers authorized to command Army dental units
addedadded Section 7081(d) of title 10, United States Code, is amended by striking “Dental Corps Officer” and inserting “commissioned officer of the Army Medical Department”.
Sec. 713 Improvements to leadership of interagency program office of the Department of Defense and the Department of Veterans Affairs
addedadded Subsection (c) of section 1635 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended to read as follows:
added “(c) Leadership
added “(1) Director—The Director of the Office shall be the head of the Office.
added “(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.
added “(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.
added “(4) Appointments
added “(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.
added “(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.
added “(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.
added “(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:
added “(i) Significant experience as a clinician, at the level of chief medical officer or equivalent.
added “(ii) Significant experience in health informatics, at the level of chief health informatics officer or equivalent.
added “(iii) Significant experience leading implementation of enterprise-wide technology in a health care setting in the public or private sector.
added “(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—
added “(A) provide guidance in the discharge of the functions of the Office under this section; and
added “(B) facilitate the establishment of a charter and mission statement for the Office.
added “(6) Information to Congress—Upon request by any of the appropriate committees of Congress, the Director and the Deputy Director shall testify before such committee, or provide a briefing or otherwise provide requested information to such committee, regarding the discharge of the functions of the Office under this section.”
Sec. 714 Inclusion of blast exposure history in medical records of members of the Armed Forces
added
added
Requirement— The Secretary of Defense, in coordination with the Secretaries of the military departments, shall document blast exposure history in the medical record of a member of the Armed Forces to—
added
assist in determining whether a future illness or injury of the member is service-connected; and
added
inform future blast exposure risk mitigation efforts of the Department of Defense.
added
Elements— A blast exposure history under subsection (a) shall include, at a minimum, the following:
added
The date of the exposure.
added
The duration of the exposure, and, if known, the measured blast pressure experienced by the individual during such exposure.
added
Whether the exposure occurred during combat or training.
added
Such other information relating to the exposure as the Secretary of Defense may specify pursuant to the guidance described in subsection (c)(1).
added
Collection of exposure information— The Secretary of Defense shall collect blast exposure information with respect to a member of the Armed Forces in a manner—
added
consistent with blast exposure measurement training guidance of the Department, including any new guidance developed pursuant to—
added
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
added
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);
added
compatible with training and operational objectives; and
added
that is automated, to the extent practicable, to minimize the reporting burden of unit commanders.
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the types of information included in a blast exposure history under subsection (a).
Sec. 715 Comprehensive policy for provision of mental health care to members of the Armed Forces
added
added
Policy required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall develop and implement a comprehensive policy for the provision of mental health care to members of the Armed Forces.
added
Elements— The policy under subsection (a) shall address each of the following:
added
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—
added
suicide prevention;
added
medication-assisted therapy for alcohol use disorders; and
added
medication-assisted therapy for opioid use disorders.
added
The access and availability of mental health care services to members who are victims of sexual assault or domestic violence.
added
The availability of naloxone reversal capability on military installations.
added
The promotion of referrals of members by civilian health care providers to military medical treatment facilities when such members are—
added
at high risk for suicide and diagnosed with a psychiatric disorder; or
added
receiving treatment for opioid use disorders.
added
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.
added
Consideration— In developing the policy under subsection (a), the Secretary of Defense shall solicit and consider recommendations from the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff regarding the feasibility of implementation and execution of particular elements of the policy.
added
Report— Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the policy under subsection (a).
Sec. 716 Limitation on the realignment or reduction of military medical manning end strength
added
added
Limitation— Except as provided by subsection (d), the Secretary of Defense and the Secretaries concerned may not realign or reduce military medical end strength authorizations until—
added
each review is conducted under paragraph (1) of subsection (b);
added
each analysis is conducted under paragraph (2) of such subsection;
added
the measurement is developed under paragraph (3) of such subsection;
added
each plan and forum is provided under paragraph (4) of such subsection; and
added
a period of 90 days elapses following the date on which the Secretary submits the report under subsection (c).
added
Reviews, analyses, and other information—
added
Review— Each Secretary concerned, in coordination with the Chairman of the Joint Chiefs of Staff, shall conduct a review of the medical manpower requirements of the military department of the Secretary that accounts for all national defense strategy scenarios.
added
Analyses— With respect to each military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction, the Secretary concerned shall conduct an analysis that—
added
identifies affected billets; and
added
includes a plan for mitigating any potential gap in health care services caused by such realignment or reduction.
added
Measurement— The Secretary of Defense shall—
added
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
added
use such measurement in carrying out this section and otherwise evaluating proposed military medical end strength realignment or reductions.
added
Outreach— The Secretary of Defense shall provide to each member of the Armed Forces and covered beneficiary located in the area of a military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction the following:
added
A transition plan for continuity of health care services.
added
A public forum to discuss the concerns of the member and covered beneficiary regarding such proposed realignment or reduction.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the proposed military medical end strength realignments or reductions, including—
added
the reviews, analyses, and other information developed under subsection (b); and
added
a description of the actions the Secretary plans to take with respect to such proposed realignments or reductions.
added
Exception— The limitation in subsection (a) shall not apply to billets of a medical department of a military department that have remained unfilled since at least October 1, 2018. The Secretary concerned may realign or reduce such a billet if the Secretary determines that such realignment or reduction does not affect the provision of health care services to members of the Armed Forces or covered beneficiaries.
added
Definitions— In this section:
added
The term “covered beneficiary” has the meaning given that term in section 1072 of title 10, United States Code.
added
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.
added
The term “Secretary concerned” means—
added
the Secretary of the Army, with respect to matters concerning the Army;
added
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
added
the Secretary of the Air Force, with respect to matters concerning the Air Force.
Sec. 717 Strategy to recruit and retain mental health providers
addedadded 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—
added
describes the shortage of mental health providers of the Department of Defense;
added
explains the reasons for such shortage;
added
explains the effect of such shortage on members of the Armed Forces; and
added
contains a strategy to better recruit and retain mental health providers, including with respect to psychiatrists, psychologists, mental health nurse practitioners, licensed social workers, and other licensed providers of the military health system.
Sec. 718 Monitoring medication prescribing practices for the treatment of post-traumatic stress disorder
added
added
Report—
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the practices for prescribing medication during the period beginning January 1, 2012, and ending December 31, 2017, that were inconsistent with the post-traumatic stress disorder medication guidelines developed by the Department of Defense and the Veterans Health Administration.
added
Contents— The report under this subsection shall include the following:
added
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.
added
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.
added
A plan for such medical centers to reduce the prescribing of medications that are inconsistent with the post-traumatic stress disorder guidelines.
added
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.
added
Monitoring program— Based on the findings of the report under subsection (a), the Secretaries of the Army, the Navy, and the Air Force shall each establish a monitoring program carried out with respect to such branch of the Armed Forces that shall provide as follows:
added
The monitoring program shall provide for the conduct of periodic reviews, beginning October 1, 2019, of medication prescribing practices of its own providers.
added
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.
added
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.
Sec. 721 Establishment of military dental research program
added
added
In general— Chapter 104 of title 10, United States Code, is amended by inserting after section 2116 the following new section:
added “2116a. Military dental research
added “(a) Definitions—In this section:
added “(1) The term military dental research means research on the furnishing of dental care and services by dentists in the armed forces.
added “(2) The term TriService Dental Research Program means the program of military dental research authorized under this section.
added “(b) Program authorized—The Secretary of Defense may establish at the University a program of military dental research.
added “(c) TriService research group—The TriService Dental Research Program shall be administered by a TriService Dental Research Group composed of Army, Navy, and Air Force dentists who are involved in military dental research and are designated by the Secretary concerned to serve as members of the group.
added “(d) Duties of group—The TriService Dental Research Group described in subsection (c) shall—
added “(1) develop for the Department of Defense recommended guidelines for requesting, reviewing, and funding proposed military dental research projects; and
added “(2) make available to Army, Navy, and Air Force dentists and officials of the Department of Defense who conduct military dental research—
added “(A) information about dental research projects that are being developed or carried out in the Army, Navy, and Air Force; and
added “(B) expertise and information beneficial to the encouragement of meaningful dental research.
added “(e) Research topics—For purposes of this section, military dental research includes research on the following issues:
added “(1) Issues regarding how to ensure the readiness of members of the armed forces on active duty and in the reserve components with respect to the provision of dental care and services.
added “(2) Issues regarding preventive dentistry and disease management, including early detection of needs.
added “(3) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of peace.
added “(4) Issues regarding how to improve the results of dental care and services provided in the armed forces in time of war.
added “(5) Issues regarding minimizing or eliminating emergent dental conditions and dental disease and non-battle injuries in deployed settings.
added “(6) Issues regarding how to prevent complications associated with dental-related battle injuries.
added “(7) Issues regarding how to prevent complications associated with the transportation of dental patients in the military medical evacuation system.
added “(8) Issues regarding the use of technological advances, including teledentistry.
added “(9) Issues regarding psychological distress in receiving dental care and services.
added “(10) Issues regarding how to improve methods of training dental personnel, including dental assistants and dental extenders.
added “(11) Wellness issues relating to dental care and services.
added “(12) Case management issues relating to dental care and services.
added “(13) Issues regarding the use of alternate dental care delivery systems, including the employment of interprofessional practice models incorporating multiple health professions.”
added
Clerical amendment— The table of sections at the beginning of chapter 104 of such title is amended by inserting after the item relating to section 2116 the following new item:
Sec. 722 Pilot program on cryopreservation and storage
added
added
Pilot program— The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.
added
Period—
added
In general— The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to a contract under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.
added
Continued cryopreservation and storage— At the end of the one-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:
added
To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.
added
To transfer the gametes to a private cryopreservation and storage facility selected by the individual.
added
To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.
added
Advance medical directive and military testamentary instrument— A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.
added
Agreements— To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.
Sec. 723 Encouragement of participation in Women’s Health Transition Training pilot program
added
added
Encouragement of participation— The Secretaries of the military departments shall encourage female members of the Armed Forces who are separating or retiring from the Armed Forces during fiscal year 2020 to participate in the Women’s Health Transition Training pilot program (in this section referred to as the “pilot program”) administered by the Secretary of Veterans Affairs.
added
Selection— Each Secretary of a military department shall select at least one location at which the pilot program is offered and encourage participation in the pilot program at such location.
added
Report— Not later than September 30, 2020, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program that includes the following:
added
For the period since the commencement of the pilot program—
added
the number of courses held under the pilot program;
added
the locations at which such courses were held; and
added
for each location identified in subparagraph (B)—
added
the number of female members by military department (with respect to Department of the Navy, separately for the Navy and Marine Corps) who participated in the pilot program; and
added
the number of seats available under the pilot program.
added
Data relating to—
added
satisfaction with courses held under the pilot program;
added
improved awareness of health care services administered by the Secretary of Veterans Affairs; and
added
any other available statistics regarding the pilot program.
added
A discussion of regulatory, legal, or resource barriers to—
added
making the pilot program permanent to enable access by a greater number of female members at locations throughout the United States;
added
offering the pilot program online for female members who are unable to attend courses held under the pilot program in person; and
added
providing for automatic enrollment of participants in the pilot program in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code.
Sec. 724 National Guard suicide prevention pilot program
added
added
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.
added
Elements— The pilot program shall include, subject to such conditions as the Secretary may prescribe—
added
the use by members of the National Guard of an existing mobile application that provides the capability described in subsection (a); or
added
the development and use of a new mobile application that provides such capability.
added
Eligibility and participation requirements— The Chief of the National Guard Bureau shall establish requirements with respect to eligibility and participation in the pilot program.
added
Assessment prior to pilot program commencement— Prior to commencement of the pilot program, the Chief of the National Guard Bureau shall—
added
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
added
determine the feasibility of expanding existing programs on a national scale.
added
Responsibilities of entities participating in pilot program— Each entity that participates in the pilot program shall—
added
share best practices with other entities participating in the program; and
added
annually assess outcomes with respect to members of the National Guard.
added
Term— The pilot program shall terminate on the date that is three years after the date on which the pilot program commenced.
added
Reports—
added
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.
added
Final report—
added
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.
added
Matters included— The report under subparagraph (A) shall include the following:
added
A description of the pilot program, including any partnerships entered into by the Chief of the National Guard Bureau under the program.
added
An assessment of the effectiveness of the pilot program.
added
A description of costs associated with the implementation of the pilot program.
added
The estimated costs of making the pilot program permanent.
added
A recommendation as to whether the pilot program should be extended or made permanent.
added
Such other recommendations for legislative or administrative action as the Chief of the National Guard Bureau considers appropriate.
added
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
added
added
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.
added
Matters included— Each report under subsection (a) shall include the following with respect to the year covered by the report:
added
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.
added
The number of suicides, attempted suicides, or suicidal ideation identified under paragraph (1) that occurred during each of the following periods:
added
The first 180 days of the member serving in the Armed Forces.
added
The period in which the member is deployed in support of a contingency operation.
added
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.
added
The number of suicides involving a dependent of a member.
added
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.
added
Identification of a research agenda for the Department of Defense to improve the evidence base on effective suicide prevention treatment and risk communication.
added
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—
added
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);
added
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;
added
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
added
metrics evaluating the training standards for behavioral health care providers to ensure that such providers have received training on clinical best practices and evidence-based treatments.
Sec. 726 Study on military-civilian integrated health delivery systems
added
added
Study— The Secretary of Defense shall conduct a study on the use of local integrated military-civilian integrated health delivery systems pursuant to section 706 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1096 note). The study shall examine the following:
added
Geographic locations where military medical treatment facilities have existing contractual relationships with local civilian health care networks, including Fort Drum, New York, Joint Base McGuire-Dix-Lakehurst, New Jersey, Joint Base Lewis-McCord, Washington, Fort Leonard Wood, Missouri, Elmendorf Air Force Base, Alaska, Fort Sill, Oklahoma, Tripler Army Medical Center, Hawaii, the National Capital Region, and similar locations.
added
Health care activities that promote value-based care, measurable health outcomes, patient safety, timeliness of referrals, and transparent communication with covered beneficiaries.
added
Locations where health care providers of the Department of Defense may be able to attain critical wartime readiness skills in a local integrated military-civilian integrated health delivery system.
added
The cost of providing care under an integrated military-civilian integrated health delivery system as compared to health care provided by a managed care support contractor.
added
Submission— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the study under subsection (a).
added
Definitions— In this section:
added
The term “covered beneficiaries” has the meaning given that term in section 1072 of title 10, United States Code.
added
The term “National Capital Region” has the meaning given that term in section 2674 of title 10, United States Code.
Sec. 727 Study on case management at military medical treatment facilities
added
added
Study— The Secretary of Defense shall conduct a study on the effectiveness of case management practices at military medical treatment facilities. The study shall include the following:
added
A standardized definition of case management.
added
An evaluation of case management practices provided by the military departments before and during the transition of the administration of military medical treatment facilities to the Defense Health Agency pursuant to section 1073c of title 10, United States Code.
added
A discussion of the metrics involved with determining the effectiveness of case management and the cost of case management.
added
A review of case management best practices in the private sector, including with respect to—
added
the intervals at which patients should be contacted;
added
the role of the case manager in coordination;
added
the approximate number of patients managed by a case manager; and
added
any other best practices relating to case management that would improve the experience of care within the military health system.
added
The results of a discussion with covered beneficiaries (as defined in section 1072 of title 10, United States Code) in a public forum on case management in military medical treatment facilities administered by the Defense Health Agency.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the study under subsection (a).
Sec. 728 Study on infertility among members of the Armed Forces
added
added
Study— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a study on the incidence of infertility among members of the Armed Forces, including the reserve components thereof.
added
Matters included— The study shall include the following:
added
The number of members of the Armed Forces serving as of the date of the study who are diagnosed with common causes of infertility, such as polycystic ovary syndrome, pelvic inflammatory disease, uterine fibroids, endometriosis, sexually transmitted disease, testicular disorders, and male endocrine disorders.
added
The number of members serving as of the date of the study whose infertility has no known cause.
added
The incidence of miscarriage among women members, listed by Armed Force and military occupation.
added
A comparison of the rates of infertility and miscarriage in the Armed Forces to such rates in the civilian population, as reported by the Centers for Disease Control and Prevention.
added
Demographic information of the members described in paragraphs (1), (2), and (3), include with respect to race, ethnicity, sex, age, military occupation, and possible exposures during military service to hazardous elements such as chemical and biologic agents.
added
An assessment of the ease or delay for members in obtaining treatment for infertility, including in vitro fertilization, including—
added
the wait times at each military medical treatment facility that has community partnerships to provide in vitro fertilization;
added
the number of members described in paragraph (1) who are candidates for in vitro fertilization or other infertility treatments but cannot obtain such treatments because of the location at which the member is stationed or the duties of the member; and
added
a discussion of the reasons members cease seeking such treatments through the military health system.
added
Criteria used by the Secretary to determine service connection for infertility, including whether screenings for levels of toxins are undertaken when the cause of infertility cannot be determined.
added
The policy of the Department of Defense, as of the date of the study, for ensuring geographic stability during treatment of women members undergoing in vitro fertilization for either service-connected or non-service-connected infertility.
Sec. 801 Establishment of acquisition pathways for software applications and software upgrades
added
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—
added
shall be in an amount equal to or less than $50,000,000; and
added
may be entered into for a period of not more than one year.
added
Software acquisition pathways— The guidance required by subsection (a) shall provide for the use of the following two acquisition pathways:
added
Applications— The applications pathway shall provide for the use of rapid development and implementation of software applications to be used with commercially available hardware.
added
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.
added
General requirements— The guidance required by subsection (a) shall provide for—
added
the use of proven technologies and solutions to continuously engineer, update, and deliver capabilities in software; and
added
a streamlined and coordinated requirements, budget, and acquisition process that results in the rapid fielding of software applications and software upgrades.
added
Expedited process—
added
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.
added
Requirements process— The guidance required by subsection (a) shall provide that the requirements for acquisition of software applications and software upgrades—
added
are developed, refined, and prioritized on an iterative basis through continuous participation and collaboration by users, testers, and requirements authorities;
added
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;
added
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
added
consider issues related to lifecycle costs, systems interoperability, and logistics support if the developer of the software to be acquired stops providing support.
added
Execution of rapid acquisitions— The Secretary shall ensure that—
added
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;
added
the Department of Defense can collect and analyze the testing data described in subparagraph (A) to make decisions regarding software acquisition and oversight;
added
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;
added
the project manager appointed under paragraph (5) closely monitors the progress of an acquisition conducted under the guidance required by subsection (a);
added
an independent cost estimate is conducted that considers—
added
the iterative process of the development of the software to be acquired; and
added
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;
added
the performance of fielded versions of the software to be acquired are demonstrated and evaluated in an operational environment; and
added
performance metrics of the software to be acquired, such as metrics relating to when the software can be fielded, delivery capabilities of the software (including speed of recovery from outages and cybersecurity vulnerabilities), and assessments and estimations of the size and complexity of such software, are automatically generated on a continuous basis and made available to the Department of Defense and the congressional defense committees.
added
Administration of software acquisition pathways— The guidance required by subsection (a) may provide for the use of any of the following streamlined procedures:
added
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.
added
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.
added
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.
added
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.
added
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.
added
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.
added
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.
added
Contract terms—
added
In general— A contract entered into pursuant to the guidance required by subsection (a)—
added
may be awarded within a 90-day period after solicitation on the basis of—
added
statements of qualifications and past performance data submitted by offerors; and
added
discussions with two or more qualified offerors without regard to price;
added
may be a time-and-materials contract;
added
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);
added
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
added
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—
added
define and prioritize software requirements; and
added
design and implement new software applications and software upgrades.
added
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—
added
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
added
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).
added
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.
added
Conforming amendment— Section 2430(a)(2) of title 10, United States Code, is amended—
added
in subparagraph (A), by striking “or” at the end;
added
in subparagraph (B), by striking the period at the end and inserting “; or”; and
added
by adding at the end the following new subparagraph:
added “(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.”
removed
Section 1725(d)(2) of title 10, United States Code, is amended in the second sentence by striking “30 years” and inserting “26 years”.
Sec. 802 Software development and software acquisition training and management programs
added
added
Establishment of software development and software acquisition training and management programs—
added
In general— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in consultation with the Under Secretary of Defense for Research and Engineering and the Chief Information Officer of the Department of Defense, shall establish software development and software acquisition training and management programs for all software acquisition professionals, software developers, and other appropriate individuals, as determined by the Secretary of Defense to earn a certification in software development and software acquisition.
added
Program contents— The programs established under paragraph (1) shall—
added
develop and expand the use of specialized training programs for chief information officers of the military departments and the Defense Agencies, service acquisition executives, program executive officers, and program managers to include training on and experience in—
added
continuous software development; and
added
acquisition pathways available to acquire software;
added
ensure program managers for major defense acquisition programs, defense business systems, and other software programs of the Department of Defense—
added
have demonstrated competency in current software processes;
added
have the skills to lead a workforce that can quickly meet challenges, use software tools that prioritize continuous or frequent upgrades as such tools become available, take up opportunities provided by new innovations, and plan software activities in short iterations to learn from risks of software testing; and
added
have the experience and training to delegate technical oversight and execution decisions; and
added
include continuing education courses and experiential training to help individuals maintain skills learned through the programs.
added
Reports—
added
Reports required— The Secretary shall submit to the congressional defense committees—
added
not later than 90 days after the date of the enactment of this Act, an initial report; and
added
not later than one year after the date of the enactment of this Act, a final report.
added
Contents— Each report required under paragraph (1) shall include—
added
the status of implementing the software development and software acquisition training and management programs established under subsection (a)(1);
added
a description of the requirements for certification, including the requirements for competencies in current software processes;
added
a description of potential career paths in software development and software acquisition within the Department of Defense;
added
an independent assessment conducted by the Defense Innovation Board of the progress made on implementing the programs established under subsection (a)(1); and
added
any recommendations for changes to existing law to facilitate the implementation of the programs established under subsection (a)(1).
added
Definitions— In this section:
added
Program executive officer; program manager— The terms program executive officer and program manager have the meanings given those terms, respectively, in section 1737 of title 10, United States Code.
added
Service acquisition executive— The terms military department, Defense Agency, and service acquisition executive have the meanings given those terms, respectively, in section 101 of title 10, United States Code.
added
Major defense acquisition program— The term major defense acquisition program has the meaning given in section 2430 of title 10, United States Code.
added
Defense business system— The term defense business system has the meaning given in section 2222(i)(1) of title 10, United States Code.
Sec. 803 Modifications to cost or pricing data for certain procurements
added
added
Cost or pricing data for certain commercial products—
added
In general— Section 2306a(b)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
added “(D) If the head of contracting activity determines, based on market research, that a commercial item will be solely procured by the Department of Defense, the offeror of such commercial product shall provide cost or pricing data to the contracting officer pursuant to subsection (a).”
added
Conforming amendment— Effective January 1, 2020, subparagraph (D) of section 2306a(b)(4) of title 10, United States Code, as added by paragraph (1), is amended by striking “commercial item” and inserting “commercial product”.
added
Data other than certified cost or pricing data for sole source contract awards—
added
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to require an offeror for a sole source contract, subcontract, or modification of a sole source contract or subcontract, to submit to the contracting officer data other than certified cost or pricing data under section 2306a(d) of title 10, United States Code, for purposes of determining the reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract.
added
Penalty— With respect to an offeror that fails to comply with the requirements established under paragraph (1), the Secretary of Defense may—
added
suspend or debar such offeror; or
added
include a notation on such offeror in the system used by the Federal Government to monitor or record contractor past performance.
added
Should-cost analysis for commercial product procurements— The Director of the Defense Contract Management Agency shall identify which commercial products (as defined in section 103 of title 41, United States Code, as in effect on January 1, 2020) should be analyzed under the should-cost review process before the Secretary of Defense enters into a contract to procure such a commercial product.
added
Guidelines and resources on the acquisition or licensing of intellectual property— Section 2322 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(c) Guidelines and resources
added “(1) In general—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
added “(A) model forms for specially negotiated licenses described under section 2320(f) (as appropriate); and
added “(B) an identification of definitions, key terms, examples, and case studies that resolve ambiguities in the differences between—
added “(i) detailed manufacturing and process data;
added “(ii) form, fit, and function data; and
added “(iii) data required for operations, maintenance, installation, and training.
added “(2) Consultation—In developing the guidelines and resources described in paragraph (1), the Secretary shall regularly consult with appropriate stakeholders, including large and small businesses, traditional and non-traditional contractors (including subcontractors), and maintenance repair organizations.”
Sec. 804 Modifications to cost or pricing data on below-threshold contracts
added
added
Below-threshold civilian contracts— Section 3504 of title 41, United States Code is amended—
added
by striking “head of the procuring activity” each place it appears and inserting “contracting officer”;
added
in subsection (b), by striking “or (2)”; and
added
by striking subsection (c).
added
Below-threshold defense contracts— Section 2306a(c) of title 10, United States Code, is amended—
added
by striking “head of the procuring activity” each place it appears and inserting “contracting officer”;
added
in paragraph (2), by striking “or (B)”; and
added
by striking paragraph (3).
Sec. 805 Comptroller General report on price reasonableness
addedadded Not later than March 31, 2021, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the efforts of the Secretary of Defense to secure data relating to the price reasonableness of offers from offerors. The report shall include a review of—
added
the number of, and justification for, any waiver of requirements for submission of certified cost or pricing data for sole source contracts for spare parts issued during fiscal years 2015 through 2019 pursuant to section 2306a(b)(1)(C) of title 10, United States Code;
added
the number of, and justification for, any exception to the requirements for submission of certified cost or pricing data for sole source contracts for spare parts provided during fiscal years 2015 through 2019 pursuant to section 2306a(b)(1)(B) of title 10, United States Code;
added
the number of contracts awarded for which a request for cost or pricing data, including data other than certified cost or pricing data, to determine price reasonableness was denied by an offeror at the time of award;
added
actions taken by the Secretary if an offeror refused to provide request data described in paragraph (2), including—
added
whether the contracting officer included a notation in the system used by the Federal Government to monitor or record contractor past performance regarding the refusal of an offeror to provide such data;
added
any strategies developed by the Secretary to acquire the good that was the subject of a contract for which the offeror refused to provide such data in the future without the need for such a waiver.
Sec. 806 Requirement that certain ship components be manufactured in the national technology and industrial base
added
added
Additional procurement limitation— Section 2534(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(6) Components for auxiliary ships—Subject to subsection (k), the following components:
added “(A) Auxiliary equipment, including pumps, for all shipboard services.
added “(B) Propulsion system components, including engines, reduction gears, and propellers.
added “(C) Shipboard cranes.
added “(D) Spreaders for shipboard cranes.”
added
Implementation— Such section is further amended by adding at the end the following new subsection:
added “(k) Implementation of auxiliary ship component limitation—Subsection (a)(6) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy. For purposes of this subsection, the term auxiliary ship does not include an icebreaker.”
Sec. 807 Acquisition and disposal of certain rare earth materials
added
added
Guidance on streamlined acquisition of covered rare earth materials—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense (Comptroller), the Vice Chairman of the Joint Chiefs of Staff, and the appropriate Under Secretary of State designated by the Secretary of State shall establish guidance to—
added
enable the acquisition of items containing rare earth materials; and
added
establish a secure supply chain for rare earth materials from sources within the United States and covered foreign sources.
added
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—
added
a determination of when best value contracting methods should be used to ensure the viability of a rare earth material supplier;
added
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;
added
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;
added
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
added
any exceptions to the Joint Capabilities Integration and Development System Manual and Department of Defense Directive 5000.01.
added
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—
added
the guidance required by paragraph (1); and
added
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.
added
Definitions— In this subsection:
added
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.
added
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—
added
yttrium;
added
scandium; or
added
any lanthanide series element.
added
Authority to dispose of and acquire materials for the national defense stockpile—
added
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).
added
Acquisition authority—
added
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:
added
Aerospace-grade rayon.
added
Electrolytic manganese metal.
added
Pitch-based carbon fiber.
added
Rare earth cerium compounds.
added
Rare earth lanthanum compounds.
added
Amount of authority— The National Defense Stockpile Manager may use up to $37,420,000 in the National Defense Stockpile Transaction Fund for acquisition of the materials specified in subsection (b).
added
Fiscal year limitation— The authority under subsection (b) is available for purchases during fiscal year 2020 through fiscal year 2024.
added
National Defense Stockpile sales—
added
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.
added
National Defense Stockpile sales of tantalum— Section 2533c(d)(1) of title 10, United States code, is amended—
added
in subparagraph (C), by striking “and” at the end;
added
in subparagraph (D), by striking the period at the end and inserting “; and”; and
added
adding at the end the following new subparagraph:
added “(E) tantalum.”
added
Prohibition on sales of materials— Section 2533c(a)(2) of title 10, United States Code, is amended by striking “covered” before “material”.
Sec. 808 Prohibition on acquisition of tantalum from non-allied foreign nations
addedadded Subsection (d)(1) of section 2533c of title 10, United States Code, is amended—
added
in subparagraph (C), by striking “and” at the end;
added
in subparagraph (D), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(E) tantalum.”
Sec. 809 Application of miscellaneous technology base policies and programs to the Columbia-class submarine program
addedadded Notwithstanding subchapter V of chapter 148 of title 10, United States Code (except for sections 2534, 2533a, and 2533b of such title), for a period of one year beginning on the date of the enactment of this Act, the milestone decision authority (as defined in section 2366a of title 10, United States Code) for the Columbia-class submarine program shall ensure that such program maintains the schedule approved under the Milestone B approval (as defined in such section).
Sec. 810 Application of limitation on procurement of goods other than United States goods to the FFG–Frigate Program
addedadded Notwithstanding any other provision of law, amounts authorized to carry out the FFG–Frigate Program may be used to award a new contract that provides for the acquisition of the following components regardless of whether those components are manufactured in the United States:
added
Auxiliary equipment (including pumps) for shipboard services.
added
Propulsion equipment (including engines, reduction gears, and propellers).
added
Shipboard cranes.
added
Spreaders for shipboard cranes.
Sec. 811 Consideration of price in procurement of the FFG(X) frigate
addedadded In evaluating proposals for a contract to procure a FFG(X) frigate, the Secretary of the Navy shall ensure price is a critical evaluation factor set forth in the request for proposal (solicitation number N0002419R2300) for the procurement of the frigate.
Sec. 812 Repeal of continuation of data rights during challenges
added
added
Repeal— Section 866 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1901; 10 U.S.C. 2321) is repealed.
added
Restoration of amended provision— Subsection (i) of section 2321 of title 10, United States Code, is amended to read as follows:
added “(i) Rights and liability upon final disposition
added “(1) If, upon final disposition, the contracting officer's challenge to the use or release restriction is sustained—
added “(A) the restriction shall be cancelled; and
added “(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust.
added “(2) If, upon final disposition, the contracting officer's challenge to the use or release restriction is not sustained—
added “(A) the United States shall continue to be bound by the restriction; and
added “(B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith.”
Sec. 813 Repeal of authority to waive acquisition laws to acquire vital national security capabilities
addedadded Section 806 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is repealed.
Sec. 814 Repeal of transfer of funds related to cost overruns and cost underruns
added
added
In general— Section 828 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note) is repealed.
added
Conforming amendment— Section 825 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1466) is amended—
added
by repealing subsection (b); and
added
by striking “(a) In general.—”.
Sec. 821 Modifications to the middle tier of acquisition programs
added
added
Access to technical data, records, and information— Section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is amended by adding at the end the following new subsection:
added “(e) Access to technical data, records, and information—The Secretary of Defense shall develop a process to provide the Director of Operational Test and Evaluation, the Director of Cost Assessment and Program Evaluation, and the Under Secretary of Defense for Research and Engineering access to all technical data, records, and information necessary to evaluate the technological maturity, operational effectiveness, and operational suitability of products and technologies proposed to be acquired under the guidance required by subsection (a).”
added
Dollar threshold for acquisition programs— Subsection (a) of such section is amended—
added
by striking “Not later than” and inserting the following:
added “(1) In general—Not later than”
added
in paragraph (1), as so designated, by striking “acquisition programs that are intended to be completed in a period of two to five years.” and inserting the following:
added “(A) with an eventual total expenditure for research, development, test, and evaluation or an eventual total expenditure for procurement that is less than those expenditures described in section 2430(a)(1)(B) of this title; and
added “(B) that are intended to be completed in a period of two to five years.”
added
by adding at the end the following new paragraph:
added “(2) Waiver—The Secretary of Defense may waive the requirements of subparagraph (A) of paragraph (1), and may not delegate the authority to make such a waiver.”
Sec. 822 Briefing relating to the “middle tier” of acquisition programs
added
added
In general— Not later than December 1, 2019, the Secretary of Defense shall provide a briefing to the congressional defense committees on lessons learned and best practices identified through the use of the “middle tier” of acquisition programs described under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). The briefing shall be accompanied by a written analysis—
added
identifying which lessons learned can be applied to—
added
“middle tier” acquisition programs; and
added
any major defense acquisition program (as defined under section 2430 of title 10, United States Code);
added
describing the extent to which covered risk should be a factor in determining which acquisition authority to use, including—
added
an acquisition pathway as described under subsection (b) of section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note);
added
the authority described under section 2371b of title 10, United States Code;
added
acquisition authority relating to urgent operational needs;
added
a traditional acquisition process; or
added
any other acquisition authority, as determined by the Secretary;
added
describing whether any requirements applicable to major defense acquisition programs should be applicable to “middle tier” acquisition programs under such section; and
added
recommending amendments or revisions (as applicable) to law or regulation, and including available data to support such recommendations.
added
Covered risk defined— In this section, the term “covered risk” shall have the meaning given by the Secretary of Defense, and shall include a consideration of cost, schedule, performance, risk to operational success.
Sec. 823 Rates for progress payments or performance-based payments
added
added
Consistency in establishment of rates for progress payments or performance-based payments— Section 2307(a) of title 10, United States Code, is amended by inserting the following new paragraph:
added “(3) Except as provided in subsection (g), the Secretary of Defense shall not establish a rate for progress payments or a rate for performance-based payments that is lower than the rate for progress payments or a rate for performance-based payments, as applicable, established by another head of an agency.”
added
Payment authority— Section 2307(a)(1) of title 10, United States Code, is amended in the matter preceding subparagraph (A) by striking “The head of any agency may” and inserting “The head of an agency may—”.
added
Notice of revision to rates for progress payments or performance-based payments—
added
To Congress— The Secretary of Defense may not issue rules to revise the rate for progress payments or the rate for performance-based payments unless the Secretary provides the congressional defense committees with a notice of determination of need for such revision. This notice shall include—
added
a justification, including the data and analysis supporting the justification, for the revision; and
added
an assessment of how the revision will create a more effective acquisition process and benefit the defense industrial base.
added
Publication— The Secretary shall publish the notice required by paragraph (1) in the Federal Register not later than five business days after providing such notice to the congressional defense committees.
Sec. 824 Additional requirements for negotiations for noncommercial computer software
addedadded Section 2322a of title 10, United States Code, is amended by adding at the end the following new subsections:
added “(c) Rights to noncommercial computer software—As part of any negotiation for the acquisition of noncommercial computer software, the Secretary of Defense may not require a contractor to sell or otherwise relinquish to the Federal Government any rights to noncommercial computer software developed exclusively at private expense, except for rights related to—
added “(1) corrections or changes to such software or related materials for such software furnished to the contractor by the Department of Defense;
added “(2) such software or related materials for such software that is otherwise publicly available or that has been released or disclosed by the contractor or subcontractor without restrictions on further use, release, or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in such software or related materials to another party;
added “(3) such software or related materials for such software obtained with unlimited rights under another contract with the Federal Government or as a result of such a negotiation; or
added “(4) such software or related materials for such software furnished to the Department of Defense under a contract or subcontract that includes—
added “(A) restricted rights in such software, limited rights in technical data, or government purpose rights, where such restricted rights, limited rights, or government purpose rights have expired; or
added “(B) government purpose rights, where the contractor’s exclusive right to use such software or related materials for commercial purposes has expired.
added “(d) Consideration of specially negotiated licenses—The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for noncommercial computer software or related materials for such software necessary to support the product support strategy of a major weapon system or subsystem of a major weapon system.”
Sec. 825 Responsibility for data analysis and requirements validation for services contracts
addedadded Section 2329 of title 10, United States Code, is amended—
added
in subsection (a), by inserting “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense”;
added
in subsection (b), in the matter preceding paragraph (1), by inserting “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense”; and
added
in subsection (c)(2)(A), by inserting “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense”.
Sec. 826 Annual reports on authority to carry out certain prototype projects
added
added
In general— Section 2371b of title 10, United States Code, is amended by adding at the end the following new subsections:
added “(i) Data collection and use
added “(1) The service acquisition executive of each military department shall collect data on the use of the authority under this section by the applicable military department, and the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment shall collect data on all other use of such authority by the Department of Defense, including use by the Defense Agencies.
added “(2) The Under Secretary of Defense for Acquisition and Sustainment shall—
added “(A) maintain a database of information collected under this section, which shall be made accessible to any official designated by the Secretary of Defense; and
added “(B) analyze such information to update policy and guidance related to the use of the authority under this section.
added “(j) Report
added “(1) Not later than December 31, 2019, and each December 31 thereafter the Secretary of Defense shall annually submit to the congressional defense committees a report covering the preceding fiscal year on the use of the authority under this section. Each report shall summarize the data collected under subsection (i) on the nature and extent of each such use of the authority, including a description—
added “(A) of the participants to an agreement entered into pursuant to the authority of subsection (a) or a follow-on contract or transaction entered into pursuant to the authority of subsection (f);
added “(B) of the quantity of prototype projects to be produced pursuant to such an agreement, follow-on contract, or transaction;
added “(C) of the amount of payments made pursuant to each such agreement, follow-on contract, or transaction;
added “(D) of the purpose, description, and status of prototype projects carried out pursuant to each such agreement, follow-on contract, or transaction; and
added “(E) including case examples, of the successes and challenges with using the authority of subsection (a) or (f).
added “(2) A report required under this subsection shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.”
added
Conforming amendment— Section 873 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1905; 10 U.S.C. 2371 note) is repealed.
Sec. 827 Competition requirements for purchases from Federal Prison Industries
added
added
Competition requirements for purchases from Federal Prison Industries— Subsections (a) and (b) of section 2410n of title 10, United States Code, are amended to read as follows:
added “(a) Market research—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—
added “(1) is comparable to products available from the private sector; and
added “(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.
added “(b) Competition requirement—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery, the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”
added
Effective date— The amendment made by subsection (a) shall take effect 60 days after the date of the enactment of this Act.
Sec. 828 Enhanced post-award debriefing rights
addedadded Section 818(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1463; 10 U.S.C. 2305 note) is amended by striking “$100,000,000” each place it appears and inserting “$50,000,000”.
Sec. 829 Standardizing data collection and reporting on use of source selection procedures by Federal agencies
added
added
Repeal of Government Accountability Office reporting requirements on use of lowest price technically acceptable source selection criteria—
added
Department of Defense— Section 813 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is amended by striking subsection (d).
added
Other agencies— Section 880 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1910; 41 U.S.C. 3701 note) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d).
added
Revision to the Federal procurement data system— Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services, in coordination with the Administrator for Federal Procurement Policy, shall direct appropriate revisions to the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code (or any successor system), to facilitate the collection of complete, timely, and reliable data on the source selection processes used by Federal agencies for the contract actions being reported in the system. The Administrator of General Services shall ensure that data is collected—
added
at a minimum, on the usage of the lowest price technically acceptable contracting methods and best value contracting methods process; and
added
on all applicable contracting actions, including task orders or delivery orders issued under indefinite delivery-indefinite quantity contracts.
Sec. 830 Modification of justification and approval requirement for certain Department of Defense contracts
added
added
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)—
added
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
added
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.
added
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).
added
Comptroller general review—
added
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).
added
Report— Not later than February 1, 2022, the Comptroller General of the United States shall submit a report to the congressional defense committees on the use of the authority provided pursuant to subsection (a) through the end of fiscal year 2021.
Sec. 841 Defense acquisition workforce certification and education requirements
added
added
Professional certification requirement—
added
Professional certification required for all acquisition workforce personnel— Section 1701a of title 10, United States Code, is amended—
added
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
added
by inserting after subsection (b) the following new subsection:
added “(c) Professional certification
added “(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.
added “(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.”
added
Certification renewal— Paragraph (3) of section 1723(a) of such title is amended by striking the second sentence.
added
Participation in professional associations— Section 1701a(b) of such title is amended—
added
by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and
added
by inserting after paragraph (5) the following new paragraph:
added “(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;”
added
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.
added
Elimination of statutory requirement for completion of 24 semester credit hours—
added
Qualification requirements for contracting officers— Section 1724 of title 10, United States Code, is amended—
added
in subsection (a)(3)—
added
by striking “(A)” after “(3)”; and
added
by striking “, and (B)” and all that follows through “and management”;
added
in subsection (b), by striking “requirements” in the first sentences of paragraphs (1) and (2) and inserting “requirement”;
added
in subsection (e)—
added
in paragraph (1)—
added
by striking “requirements in subparagraphs (A) and (B) of subsection (a)(3)” and inserting “requirement of subsection (a)(3)”; and
added
in subparagraph (C), by striking “requirements” and inserting “requirement”; and
added
in paragraph (2)—
added
by striking “shall have—” and all that follows through “been awarded” and inserting “shall have been awarded”;
added
by striking “; or” and inserting a period; and
added
by striking subparagraph (B); and
added
in subsection (f), by striking “, including—” and all that follows and inserting a period.
added
Selection criteria and procedures— Section 1732 of such title is amended—
added
in subsection (b)(1)—
added
by striking “Such requirements,” and all the follows through “the person—” and inserting “Such requirements shall include a requirement that the person—”;
added
by striking subparagraph (B); and
added
by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and conforming the margins accordingly;
added
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
added
in subsection (d)—
added
by striking “(1) Except as provided in paragraph (2),”; and
added
by striking paragraph (2).
added
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”.
added
Career paths—
added
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:
added “(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;”
added
Conforming amendments— Section 1722(a) of such title is amended—
added
by striking “appropriate career paths” and inserting “an appropriate career path”; and
added
by striking “are identified” and inserting “is identified for each acquisition workforce career field”.
added
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.
added
Career fields—
added
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.”.
added
Clerical amendments—
added
The heading of such section is amended to read as follows:
added “1721. Designation of acquisition positions and acquisition workforce career fields”
added
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:
added
added
The heading of subchapter II of chapter 87 of such title is amended to read as follows:
added
The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
added
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.
added
Key work experiences—
added
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:
added “(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.”
added
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.
added
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”.
added
Competency development—
added
In general—
added
Subchapter V of chapter 87 of such title is amended by adding at the end the following new section:
added “1765. Competency development
added “(a) In general—For each acquisition workforce career field, the Secretary of Defense shall establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification assessments.
added “(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.”
added
The table of sections at the beginning of such subchapter II is amended by adding at the end the following new item:
added
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.
added
Termination of defense Acquisition Corps—
added
The Acquisition Corps for the Department of Defense referred to in section 1731(a) of title 10, United States Code, is terminated.
added
Section 1733 of title 10, United States Code, is amended—
added
by striking subsection (a); and
added
by redesignating subsection (b) as subsection (a).
added
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—
added
by striking “Acquisition Corps” in the heading and inserting “the Acquisition Workforce”; and
added
by striking “selected for the Acquisition Corps” and inserting “in the acquisition workforce”.
added
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—
added
by striking “in the Acquisition Corps” in paragraphs (1) and (2) and inserting “in critical acquisition positions”; and
added
by striking “serving in the Corps” in paragraph (2) and inserting “employment”.
added
Sections 1731 and 1732 of such title are repealed.
added
added
Section 1733 of such title, as amended by paragraphs (2), (3), and (4), is redesignated as section 1731.
added
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:
added
added
The heading of subchapter III of chapter 87 of such title is amended to read as follows:
added
The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
added
Section 1723(a)(2) of such title is amended by striking “section 1733 of this title” and inserting “section 1731 of this title”.
added
Section 1725 of such title is amended—
added
in subsection (a)(1), by striking “Defense Acquisition Corps” and inserting “acquisition workforce”; and
added
in subsection (d)(2), by striking “of the Defense Acquisition Corps” and inserting “in the acquisition workforce serving in critical acquisition positions”.
added
Section 1734 of such title is amended—
added
by striking “of the Acquisition Corps” in subsections (e)(1) and (h) and inserting “of the acquisition workforce”; and
added
in subsection (g)—
added
by striking “of the Acquisition Corps” in the first sentence and inserting “of the acquisition workforce”;
added
by striking “of the Corps” and inserting “of the acquisition workforce”; and
added
by striking “of the Acquisition Corps” in the second sentence and inserting “of the acquisition workforce in critical acquisition positions”.
added
Section 1737 of such title is amended—
added
in subsection (a)(1), by striking “of the Acquisition Corps” and inserting “of the acquisition workforce”; and
added
in subsection (b), by striking “of the Corps” and inserting “of the acquisition workforce”.
added
Section 1742(a)(1) of such title is amended by striking “the Acquisition Corps” and inserting “acquisition positions in the Department of Defense”.
added
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”.
added
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”.
added
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”.
added
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”.
added
Paragraph (1) of section 317 of title 37, United States Code, is amended to read as follows:
added “(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.”
added
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:
added “(13) Foreign military sales.”
Sec. 842 Public-private exchange program for the acquisition workforce
added
added
Public-private exchange program for the acquisition workforce—
added
In general— Subchapter IV of chapter 87 of title 10, United States Code, is amended by adding at the end the following new section:
added “1749. Public-private exchange program for the acquisition workforce
added “(a) Assignment authority
added “(1) The Secretary may, by rule, establish a program to be known as the “Public-Private Exchange Program for the Acquisition Workforce” to temporarily assign a member of the acquisition workforce to a private-sector organization or an employee of a private-sector organization to the Department of Defense if—
added “(A) pursuant to an agreement between the Secretary, the private-sector organization, and the individual to be temporarily assigned described in subsection (b); and
added “(B) with the consent of the individual to be temporarily assigned.
added “(2) Members of the acquisition workforce are eligible for a temporary assignment under this section as follows:
added “(A) Civilians in any of grades GS–12 through GS–15 under the General Schedule or, for employees participating in the demonstration project under section 1762 of this title, the equivalent.
added “(B) Members of the armed forces serving in any of pay grades O–3 through O–6.
added “(3) A private-sector organization shall not be considered to have a conflict of interest with the Department of Defense solely because of participation in the program established under this section.
added “(b) Agreements
added “(1) An agreement entered into under this section shall include the following:
added “(A) The terms and conditions of a temporary assignment.
added “(B) In the case of an agreement for the temporary assignment of a member of the acquisition workforce, a requirement that the member of the acquisition workforce, upon completion of the temporary assignment, will—
added “(i) if a member of the armed forces, serve in the armed forces for a period equal to twice the length of the temporary assignment (in addition to any other period of obligated service); or
added “(ii) if a civilian, serve in the Department of Defense, or elsewhere in the civil service if approved by the Secretary, for a period equal to twice the length of the temporary assignment.
added “(C) A provision that if the individual to be temporarily assigned fails to carry out the agreement, such individual shall be liable to the United States for payment of all expenses of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense.
added “(D) In the case of an agreement for the temporary assignment of a member of the acquisition workforce, language ensuring that such member of the acquisition workforce does not improperly use pre-decisional or draft deliberative information that such member may be privy to or aware of related to Department programing, budgeting, resourcing, acquisition, or procurement for the benefit or advantage of the private-sector organization.
added “(2) An amount for which an individual is liable under paragraph (1)(C) shall be treated as a debt due the United States.
added “(3) The Secretary may waive, in whole or in part, collection of a debt described in paragraph (2) based on a determination that the collection would be against equity and good conscience and not in the best interests of the United States, after taking into account any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the individual who is liable for the debt.
added “(c) Termination—An assignment under this section may, at any time and for any reason, be terminated by the Department of Defense or the private-sector organization concerned.
added “(d) Duration
added “(1) Except as provided in paragraph (2), an assignment under this section shall be for a period of not more than two years, renewable up to a total of four years.
added “(2) An assignment under this section may be for a period in excess of two years, but not more than four years, if the Secretary determines that such assignment is necessary to meet critical mission or program requirements.
added “(3) A member of the acquisition workforce may not be assigned under this section for more than a total of four years inclusive of all such assignments.
added “(e) Status of individuals assigned to private-sector organizations
added “(1) A member of the acquisition workforce who is assigned to a private-sector organization under this section shall be considered, during the period of assignment, to be on detail to a regular duty or work assignment, as applicable, in the Department for all purposes.
added “(2) In the case of a civilian member of the acquisition workforce, the written agreement established under subsection (b)(1)—
added “(A) shall address the specific terms and conditions related to the civilian member’s continued status as a Federal employee; and
added “(B) in the case of an assignment of nine months or longer, shall provide that, if the civilian member successfully completes the assignment (as determined by the Secretary), the civilian member shall be eligible for consideration for placement in a new position under programs of the Department of Defense providing priority placement to certain employees.
added “(3) With respect to an assignment of a member of the acquisition workforce under this section, the Secretary—
added “(A) may, in the case of a civilian member of the acquisition workforce, provide for the performance, during the member’s absence, of the normal duties and functions of that member by making a temporary or term appointment under general civil service authorities for such appointments;
added “(B) shall ensure that the normal duties and functions of the civilian member of the acquisition workforce described in subparagraph (A) can be reasonably performed by other personnel of the Department of Defense without the permanent transfer or permanent reassignment of other personnel of the Department of Defense, including members of the armed forces;
added “(C) shall ensure that the normal duties and functions of the acquisition workforce member are not, as a result of and during the course of such temporary assignment, performed or augmented by contractor personnel in violation of the provisions of section 2461 of this title; and
added “(D) shall certify that the temporary assignment of the acquisition workforce member will not have an adverse or negative impact on mission attainment, warfighter support, or organizational capabilities associated with the assignment.
added “(f) Terms and conditions for private-sector employees—An employee of a private-sector organization who is assigned to a Department of Defense organization under this section—
added “(1) shall continue to receive pay and benefits from the private-sector organization from which such employee is assigned and shall not receive pay or benefits from the Department of Defense, except as provided in paragraph (2);
added “(2) is deemed to be an employee of the Department of Defense for the purposes of—
added “(A) chapters 73 and 81 of title 5;
added “(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607, 643, 654, 1905, and 1913 of title 18;
added “(C) sections 1343, 1344, and 1349(b) of title 31;
added “(D) the Federal Tort Claims Act and any other Federal tort liability statute;
added “(E) the Ethics in Government Act of 1978; and
added “(F) chapter 21 of title 41;
added “(3) shall not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private-sector organization from which such employee is assigned;
added “(4) may perform work that is considered inherently governmental in nature only when requested in writing by the Secretary of Defense; and
added “(5) may not be used to circumvent the provision of section 2461 of this title nor to circumvent any limitation or restriction on the size of the Department’s workforce.
added “(g) Prohibition against charging certain costs to the Federal government—A private-sector organization may not charge the Department or any other agency of the Federal Government, as direct or indirect costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee assigned to a Department organization under this section for the period of the assignment.
added “(h) Consideration of training needs for members of the acquisition workforce—In carrying out this section, the Secretary of Defense shall take into consideration how assignments under this section might best be used to help meet the needs of the Department of Defense with respect to the training of members of the acquisition workforce.
added “(i) Funding; use of Defense Acquisition Workforce Development Fund—Funds for the expenses for the program established under this section shall be provided from amounts in the Department of Defense Acquisition Workforce Development Fund. Expenses for the program include—
added “(1) notwithstanding section 1705(e)(5) of this title, the base salary of a civilian member of the acquisition workforce assigned to a private-sector organization under this section, during the period of that assignment;
added “(2) expenses relating to assignment under this section of a member of the acquisition workforce away from the member’s regular duty station, including expenses for travel, per diem, and lodging; and
added “(3) expenses for the administration of the program.”
added
Clerical amendment— The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:
added
Use of Defense Acquisition Workforce Development Fund— Section 1705(e)(1) of such title is amended by adding at the end the following new subparagraph:
added “(C) Amounts in the Fund shall be used to pay the expenses of the Public-Private Exchange Program for the Acquisition Workforce under section 1749 of this title.”
added
Acquisition workforce employees excluded from public-private talent exchange—
added
In general— Section 1599g of such title is amended by adding at the end the following new subsection:
added “(i) Acquisition workforce employees—An employee of the Department of Defense who is eligible for the Public-Private Exchange Program for the Acquisition Workforce under section 1749 of this title is not eligible for an assignment under this section.”
added
Applicability— Subsection (i) of section 1599g of title 10, United States Code, as added by paragraph (1), shall not apply to an employee of the Department of Defense who entered into an agreement under that section before the date of the enactment of this Act.
Sec. 843 Incentives and consideration for qualified training programs
added
added
In general—
added
Chapter 141 of title 10, United States Code, is amended by inserting after section 2409 the following new section:
added “2409a. Incentives and consideration for qualified training programs
added “(a) Incentives—The Secretary of Defense shall develop workforce development investment incentives for a contractor that implements a qualified training program to develop the workforce of the contractor in a manner consistent with the needs of the Department of Defense.
added “(b) Consideration of qualified training programs—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of the availability, quality, and effectiveness of a qualified training program of an offeror as part of the past performance rating of such offeror.
added “(c) Qualified training program defined—The term qualified training program means any of the following:
added “(1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
added “(2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
added “(3) A program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
added “(4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2409 the following new item:
Sec. 844 Certification by prospective military construction contractors of good faith effort to utilize qualified apprentices
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added
Requirements— Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:
added “2870. Utilization of qualified apprentices by military construction contractors
added “(a) Certification required
added “(1) The Secretary of Defense shall require each prospective contractor on a military construction project to certify to the Secretary that, if awarded a contract for the project, the prospective contractor will make a good faith effort to meet or exceed the apprenticeship employment goal on such project.
added “(2) If a prospective contractor fails to certify as required by paragraph (1), the Secretary may not determine such prospective contractor to be a responsible contractor.
added “(b) Apprenticeship employment goal
added “(1) In general—In this section, the term “apprenticeship employment goal” means the utilization of qualified apprentices as not less than 20 percent of the total workforce employed in an apprenticeable occupation (as determined by the Secretary of Labor).
added “(2) Qualified apprentice—In paragraph (1), the term “qualified apprentice” means an employee participating in an apprenticeship program that is registered with—
added “(A) the Office of Apprenticeship of the Employment Training Administration of the Department of Labor pursuant to the Act of August 16, 1937 (popularly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.); or
added “(B) a State apprenticeship agency recognized by such Office of Apprenticeship pursuant to such Act.
added “(c) Consideration of apprenticeship employment goal—The Secretary of Defense shall revise the Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of whether the contractor has made a good faith effort to meet or exceed the apprenticeship employment goal, including consideration of actual utilization by the contractor of qualified apprentices, as part of the past performance rating of such contractor.
added “(d) Incentives—The Secretary of Defense shall develop incentives for prospective contractors on military construction projects to meet or exceed the apprenticeship employment goal.”
added
Clerical amendment— The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new item:
added
Applicability— The amendments made by this section shall apply with respect to contracts awarded on or after the date that is 180 days after the date of the enactment of this Act.
Sec. 851 Supply chain security of certain telecommunications and video surveillance services or equipment
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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—
added
Department of Defense policies relating to covered equipment and services;
added
covered equipment and services acquired or to be acquired for the Department; and
added
systems of covered contractors to ensure the security of the supply chains of such covered contractor.
added
Purpose— The assessment described in subsection (a) shall include—
added
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);
added
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
added
an identification of steps that could be taken to address situations identified under paragraphs (1) and (2) through the Interagency Suspension and Debarment Committee established under Executive Order 12549 (51 Fed. Reg. 6370).
added
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)—
added
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—
added
requirements for training personnel;
added
the process for making sourcing decisions;
added
with respect to a procurement of telecommunications equipment or video surveillance equipment, assurances relating to the traceability of parts of such equipment;
added
the process for reporting suspect covered equipment and services; and
added
corrective actions for the acquisition of suspect covered equipment and services (including actions to recover costs as described in subsection (d)(2));
added
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;
added
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—
added
any end item, component, part, or material contained in supplies purchased by or for the Department contains suspect covered equipment and services; or
added
a covered contractor has provided suspect covered equipment and services; and
added
establish a process for analyzing, assessing, and acting on reports of suspect covered equipment and services that are submitted in accordance with paragraph (3).
added
Regulations—
added
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.
added
Contractor responsibilities— The revised regulations issued pursuant to paragraph (1) shall provide that—
added
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
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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—
added
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);
added
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
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the covered contractor discovers the suspect covered equipment or services and provides timely notice to the Government pursuant to paragraph (4).
added
Requirements for suppliers— The revised regulations issued pursuant to paragraph (1) shall—
added
require that covered contractors obtain covered equipment or services—
added
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
added
that are not in production or currently available in stock from suppliers that meet requirements of subparagraph (C) or (D);
added
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;
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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
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authorize covered contractors to identify and use suppliers that meet qualification requirements, provided that—
added
the standards and processes for identifying such suppliers comply with established industry standards; and
added
the selection of such suppliers is subject to review, audit, and approval by appropriate Department of Defense officials.
added
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—
added
any end item, component, part, or material contained in supplies purchased by or for the Department contains suspect covered equipment and services; or
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a supplier of a covered contractor has provided suspect covered equipment and services.
added
Improvement of contractor systems for detection and avoidance of suspect covered equipment and services—
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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.
added
Elements— The program implemented pursuant to paragraph (1) shall—
added
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—
added
the training of personnel; and
added
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
added
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).
added
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.
added
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).
added
Definitions— In this section:
added
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.
added
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.
added
Executive agency— The term executive agency has the meaning given in section 133 of title 41, United States Code.
added
Secretary— The term Secretary means the Secretary of Defense.
added
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
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added
Prohibition— Except as provided in subsections (b) and (c), the Secretary of Defense shall only award contracts for the procurement of telecommunications services or the installation of telecommunications infrastructure on national security installations on territories of the United States located in the Pacific Ocean to allowed contractors.
added
Exception— Subsection (a) shall not apply to contracts the procurement of telecommunications services or the installation of telecommunications infrastructure if such telecommunications services or telecommunications infrastructure does not process or carry any information about the operations of the Armed Forces of the United States or otherwise concern the national security of the United States.
added
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—
added
a contractor that is not an allowed contractor would not have the ability to track, record, listen, or otherwise access data or voice communications of the Department of Defense through the provision of the telecommunications service; or
added
a qualified allowed contractor is not available to perform the contract at a fair and reasonable price.
added
Definitions— In this section:
added
Allowed contractor— The term “allowed contractor” means—
added
an entity that is 100 percent owned by persons located in the United States that has submitted an offer for a contract let by the Department of Defense; or
added
an entity that—
added
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
added
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)
added
Covered foreign country— The term “covered foreign country” means a foreign country the government of which permits allowed contractors to compete on a fair basis for contracts for the procurement of telecommunications services or the installation of telecommunications infrastructure let by the government of such foreign country.
added
National security installation— The term “national security installation” means any facility operated by the Department of Defense.
added
Telecommunications service— The term “telecommunications service” has the meaning given in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
added
Telecommunications infrastructure— The term “telecommunications infrastructure” means any wire or switching facilities used to provide telecommunications services.
Sec. 853 Revised authorities to defeat adversary efforts to compromise United States defense capabilities
added
added
Sense of congress— Congress finds that to comprehensively address the supply chain vulnerabilities of the Department of Defense, defense contractors must be incentivized to prioritize security in a manner which exceeds basic compliance with mitigation practices relating to cybersecurity risk and supply chain security standards. Defense contractors can no longer pass unknown risks on to the Department of Defense but should be provided with the tools to meet the needs of the Department with respect to cybersecurity risk and supply chain security. Incentives for defense contractors will help stimulate efforts within the defense industrial base to minimize vulnerabilities in hardware, software, and supply chain services. The Department of Defense must develop policies and regulations that move security from a cost that defense contractors seek to minimize to a key consideration in the award of contracts, equal in importance to cost, schedule, and performance.
added
Inclusion of security as primary purpose for the department of defense acquisition—
added
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.
added
Congressional notification— The Secretary shall submit to the congressional defense committees—
added
not later than 60 days before issuing the revisions described in paragraph (1), the proposed revisions; and
added
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.
added
Certification of risk—
added
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—
added
a description of actions taken to mitigate potential vulnerabilities associated with the procurement; and
added
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.
added
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.
added
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
added
added
Prohibition on agency operation or procurement— The Secretary of Defense may not operate or enter into or renew a contract for the procurement of—
added
a covered unmanned aircraft system that—
added
is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
added
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;
added
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
added
uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
added
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.
added
Exemption— The Secretary of Defense is exempt from the restriction under subsection (a) if the operation or procurement is for the purposes of—
added
Counter-UAS surrogate testing and training; or
added
intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.
added
Waiver— The Secretary of Defense may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the congressional defense committees that the operation or procurement is required in the national interest of the United States.
added
Definitions— In this section:
added
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.
added
Covered unmanned aircraft system— The term covered unmanned aircraft system means an unmanned aircraft system and any related services and equipment.
Sec. 855 Supply chain risk mitigation policies to be implemented through requirements generation process
added
added
Process for enhanced supply chain scrutiny— Section 807(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1456; 10 U.S.C. 2302 note) is amended—
added
by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively; and
added
by inserting after paragraph (4) the following new paragraph:
added “(5) Development of tools for implementing supply chain risk management policies during the generation of requirements for a contract.”
added
Technical amendment— Subsection (a) of such section is amended by striking “Not later than” and all that follows through “the Secretary” and inserting “The Secretary”.
added
Effective date— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise the process established under section 807 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2302 note) to carry out the requirements of this section.
Sec. 861 Modifications to the defense acquisition system
added
added
Guidance, reports, and limitation on the availability of funds relating to covered defense business systems—
added
Amendments to guidance for covered defense business systems— Section 2222(d) of title 10, United States Code, is amended—
added
in the matter preceding paragraph (1), by striking “subsection (c)(1)” and inserting “subsection (c)”; and
added
by adding at the end the following new paragraphs:
added “(7) Policy to ensure a covered defense business system is in compliance with the Department’s auditability requirements.
added “(8) Policy to ensure approvals required for the development of a covered defense business system.”
added
Reports—
added
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—
added
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
added
not later than March 31, 2020, that includes the guidance required under paragraph (2) of such section.
added
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.
added
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.
added
Limitation—
added
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).
added
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).
added
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).
added
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).
added
Pilot program on data rights as an evaluation factor—
added
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—
added
the development of cost-effective intellectual property strategies; and
added
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.
added
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).
added
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.
added
Activities— The pilot program established under this section shall include the following:
added
Assessment of commercial valuation techniques for intellectual property rights for use by the Department of Defense.
added
Assessment of feasibility of oversight by the Secretary of Defense to standardize practices and procedures.
added
Assessment of contracting mechanisms to increase the speed of delivery of intellectual property to the Armed Forces or to reduce sustainment costs.
added
Assessment of acquisition planning necessary to ensure procurement of intellectual property deliverables and intellectual property rights necessary for Government-planned sustainment activities.
added
Engagement with private-sector entities to—
added
support the development of strategies and program requirements to aid in acquisition and transition planning for intellectual property;
added
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
added
propose and implement alternative and innovative methods of intellectual property valuation, prioritization, and evaluation techniques for intellectual property.
added
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.
added
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—
added
a description of the major defense acquisition programs selected pursuant to subsection (b);
added
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);
added
an assessment of the effectiveness of such activities;
added
an assessment of improvements to acquisition or sustainment activities related to the pilot program; and
added
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).
added
Termination— The authority to carry out the pilot program under this section shall expire on September 30, 2026.
added
Report and limitation on availability of funds relating to modular open system approach for major defense acquisition programs—
added
Study guidance for analyses of alternatives for major defense acquisition programs—
added
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.
added
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).
added
Policy relating to availability of major system interfaces and support for modular open system approach—
added
In general— Section 2446c of title 10, United States Code, is amended—
added
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
added
in subsection (a)(1), as so designated, by striking “coordinate” and inserting “ensure coordination”.
added
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).
added
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.
added
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.
added
Report on intellectual property policy and the cadre of intellectual property experts—
added
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:
added “(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—
added “(1) the policy required in subsection (a) of section 2322 of title 10, United States Code;
added “(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
added “(3) a description of the leadership structure and the office that will manage the cadre of intellectual property experts.”
added
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.
added
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—
added
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
added
the notice and justification described in subparagraph (B) of such section.
added
Report and limitation on the availability of funds relating to the “middle tier” of acquisition programs—
added
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.
added
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).
added
Defense acquisition workforce certification and education requirements—
added
Professional certification requirement—
added
Professional certification required for all acquisition workforce personnel— Section 1701a of title 10, United States Code, is amended—
added
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
added
by inserting after subsection (b) the following new subsection (c):
added “(c) Professional certification
added “(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.
added “(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.”
added
Performance management— Subsection (b) of such section is amended—
added
in paragraph (5), by striking “encourage” and inserting “direct”; and
added
in paragraph (6), by inserting “and consequences” after “warnings”.
added
Participation in professional associations— Subsection (b) of such section is further amended—
added
by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and
added
by inserting after paragraph (5) the following new paragraph (6):
added “(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;”
added
General education, training, and experience requirements— Section 1723 of such title is amended—
added
in subsection (a)(3), by striking the second sentence; and
added
in subsection (b)(1), by striking “encourage” and inserting “require”.
added
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.
added
Elimination of statutory requirement for completion of 24 semester credit hours—
added
Qualification requirements for contracting positions— Section 1724 of title 10, United States Code, is amended—
added
in subsection (a)(3)—
added
by striking “(A)” after “(3)”; and
added
by striking “, and (B)” and all that follows through “and management”; and
added
in subsection (b), by striking “requirements” in the first sentences of paragraphs (1) and (2) and inserting “requirement”;
added
in subsection (e)(2)—
added
by striking “shall have—” and all that follows through “been awarded” and inserting “shall have been awarded”;
added
by striking “; or” and inserting a period; and
added
by striking subparagraph (B); and
added
in subsection (f), by striking “, including—” and all that follows and inserting a period.
added
Selection criteria and procedures— Section 1732 of such title is amended—
added
in subsection (b)(1)—
added
by striking “Such requirements,” and all the follows through “the person—” and inserting “Such requirements shall include a requirement that the person—”;
added
by striking subparagraph (B); and
added
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
added
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)”.
added
Defense Acquisition University— Section 1746 of title 10, United States Code, is amended—
added
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
added
in subsection (c), by inserting “, and with commercial training providers,” after “military departments”.
added
Enhancing defense acquisition workforce career fields—
added
Career paths—
added
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:
added “(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;”
added
Conforming amendments— Section 1722(a) of such title is amended—
added
by striking “appropriate career paths” and inserting “an appropriate career path”; and
added
by striking “are identified” and inserting “is identified for each acquisition workforce career field”.
added
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.
added
Career fields—
added
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.”.
added
Clerical amendments—
added
The heading of such section is amended to read as follows:
added “1721. Designation of acquisition positions and acquisition workforce career fields”
added
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:
added
added
The heading of subchapter II of chapter 87 of such title is amended to read as follows:
added
The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
added
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.
added
Key work experiences—
added
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:
added “(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.”
added
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.
added
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”.
added
Competency development—
added
In general—
added
Subchapter V of chapter 87 of such title is amended by adding at the end the following new section:
added “1765. Competency development
added “(a) In general—For each acquisition workforce career field, the Secretary of Defense shall establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification assessments.
added “(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.”
added
The table of sections at the beginning of such subchapter II is amended by adding at the end the following new item:
added
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.
added
Termination of defense acquisition corps—
added
The Acquisition Corps for the Department of Defense referred to in section 1731(a) of title 10, United States Code, is terminated.
added
Section 1733 of title 10, United States Code, is amended—
added
by striking subsection (a); and
added
by redesignating subsection (b) as subsection (a).
added
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—
added
by striking “Acquisition Corps” in the heading and inserting “the Acquisition Workforce”; and
added
by striking “selected for the Acquisition Corps” and inserting “in the acquisition workforce”.
added
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—
added
by striking “in the Acquisition Corps” in paragraphs (1) and (2) and inserting “in critical acquisition positions”; and
added
by striking “serving in the Corps” in paragraph (2) and inserting “employment”.
added
Sections 1731 and 1732 of such title are repealed.
added
added
Section 1733 of such title, as amended by paragraphs (2), (3), and (4), is redesignated as section 1731.
added
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:
added
added
The heading of subchapter III of chapter 87 of such title is amended to read as follows:
added
The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
added
Section 1723(a)(2) of such title is amended by striking “section 1733 of this title” and inserting “section 1731 of this title”.
added
Section 1725 of such title is amended—
added
in subsection (a)(1), by striking “Defense Acquisition Corps” and inserting “acquisition workforce”; and
added
in subsection (d)(2), by striking “of the Defense Acquisition Corps” and inserting “in the acquisition workforce serving in critical acquisition positions”.
added
Section 1734 of such title is amended—
added
by striking “of the Acquisition Corps” in subsections (e)(1) and (h) and inserting “of the acquisition workforce”; and
added
in subsection (g)—
added
by striking “of the Acquisition Corps” in the first sentence and inserting “of the acquisition workforce”;
added
by striking “of the Corps” and inserting “of the acquisition workforce”; and
added
by striking “of the Acquisition Corps” in the second sentence and inserting “of the acquisition workforce in critical acquisition positions”.
added
Section 1737 of such title is amended—
added
in subsection (a)(1), by striking “of the Acquisition Corps” and inserting “of the acquisition workforce”; and
added
in subsection (b), by striking “of the Corps” and inserting “of the acquisition workforce”.
added
Section 1742(a)(1) of such title is amended by striking “the Acquisition Corps” and inserting “acquisition positions in the Department of Defense”.
added
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”.
added
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”.
added
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”.
added
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”.
added
Paragraph (1) of section 317 of title 37, United States Code, is amended to read as follows:
added “(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.”
added
Establishment of Defense Civilian Acquisition Training Corps—
added
In general— Part III of subtitle A of title 10, United States Code, is amended by inserting after chapter 112 the following new chapter:
added “113 Defense Civilian Acquisition Training Corps
added “2200n. Establishment
added “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.
added “2200o. Program elements
added “In establishing the program, the Secretary of Defense shall determine the following:
added “(1) Criteria for an institution of higher education to participate in the program.
added “(2) The eligibility of a student to join the program.
added “(3) Criteria required for a member of the program to receive financial assistance.
added “(4) The term of service required for a member of the program to receive financial assistance.
added “(5) Criteria required for a member of the program to be released from a term of service.
added “(6) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense.
added “(7) Resources required for implementation of the program.
added “(8) A methodology to identify and target critical skills gaps in Department of Defense occupations relating to acquisition, science, and engineering.
added “(9) A mechanism to track the success of the program in eliminating the identified critical skills gap.
added “2200p. Model authorities
added “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.
added “2200q. Definitions
added “In this chapter:
added “(1) The term program means the Defense Civilian Acquisition Training Corps of the Department of Defense.
added “(2) The term member of the program means a student at an institution of higher learning who is enrolled in the program.
added “(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).”
added
Implementation timeline—
added
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.
added
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.
added
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.
added
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:
added
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”.
added
Section 133a(b)(2) of title 10, United States Code, is amended by striking “, including the allocation of resources for defense research and engineering,”.
added
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,”.
added
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”.
added
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,”.
added
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”.
added
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,”.
added
Section 171(a) of title 10, United States Code, is amended—
added
in paragraph (3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
added
by inserting after paragraph (3) the following new paragraph:
added “(4) the Under Secretary of Defense for Research and Engineering;”
added
by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively.
added
Section 171a of title 10, United States Code, is amended—
added
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”;
added
by inserting after subsection (b)(2) the following new paragraph:
added “(3) the Under Secretary of Defense for Research and Engineering;”
added
in subsection (b), by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and
added
in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
added
Subsection (d)(1) of section 181 of title 10, United States Code, is amended—
added
in subparagraph (C), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
added
by inserting after subparagraph (C) the following new subparagraph:
added “(D) the Under Secretary of Defense for Research and Engineering.”
added
by redesignating paragraphs (D) through (G) as paragraphs (E) through (H), respectively.
added
Subsection (b)(2) of section 393 of title 10, United States Code, is amended—
added
in subparagraph (B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
added
by inserting after subparagraph (B) the following new subparagraph:
added “(C) the Under Secretary of Defense for Research and Engineering.”
added
by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F).
added
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”.
added
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”.
added
Section 1702 of title 10, United States Code, is amended—
added
in the heading, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
added
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”.
added
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”.
added
Section 1705 of title 10, United Stats Code, is amended—
added
in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
added
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
added
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”.
added
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”.
added
Section 1722 of title 10, United States Code, is amended—
added
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
added
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”.
added
Section 1722a of title 10, United States Code, is amended—
added
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
added
in subsection (e), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
added
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”.
added
Section 1723 of title 10, United States Code, is amended—
added
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
added
in subsection (b), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
Section 2222 of title 10, United States Code, is amended—
added
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
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
Section 2279b of title 10, United States Code, is amended—
added
in subsection (b)—
added
in paragraph (2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
added
by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and
added
by inserting after paragraph (2) the following new paragraph:
added “(3) the Under Secretary of Defense for Research and Engineering.”
added
in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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—
added
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”;
added
in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”;
added
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
added
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”.
added
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”.
added
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”.
added
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”.
added
Section 2311(c) of title 10, United States Code, is amended—
added
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
added
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”.
added
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”.
added
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”.
added
Section 2330 of title 10, United States Code, is amended—
added
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”;
added
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”;
added
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
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
Section 2359b of title 10, United States Code, is amended—
added
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
added
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”.
added
Section 2365 of title 10, United States Code, is amended—
added
by striking “Assistant Secretary” each place it appears and inserting “Under Secretary”; and
added
in subsection (d), by striking paragraph (3).
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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,”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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—
added
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
added
in paragraph (2), by inserting “the service acquisition executive or” before “the Under Secretary” each place such term appears.
added
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”.
added
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—
added
in subsection (b), by striking paragraph (2) and inserting the following new paragraphs:
added “(2) Required members—Each Configuration Steering Board under this section shall include a representative of the following:
added “(A) The Chief of Staff of the Armed Force concerned.
added “(B) The Comptroller of the military department concerned.
added “(C) The military deputy to the service acquisition executive concerned.
added “(D) The program executive officer for the major defense acquisition program concerned.
added “(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:
added “(A) The Office of the Under Secretary of Defense for Acquisition and Sustainment.
added “(B) Other armed forces, as appropriate.
added “(C) The Joint Staff.
added “(D) Other senior representatives of the Office of the Secretary of Defense and the military department concerned, as appropriate.”
added
in subsection (c)(5)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “service acquisition executive”.
added
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”.
added
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”.
added
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”.
added
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”.
added
Section 2435 of title 10, United States Code, is amended by striking—
added
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
added
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”.
added
Section 2438(b) of title 10, United States Code, is amended—
added
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
added
in paragraph (2), by striking “Under Secretary of Defense for Acquisition, Technology and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
added
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”.
added
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”.
added
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”.
added
Section 2521 of title 10, United States Code, is amended—
added
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”;
added
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
added
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”.
added
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”.
added
Section 2546 of title 10, United States Code, is amended—
added
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”;
added
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
added
in subsection (b), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
added
Section 2548 of title 10, United States Code, is amended—
added
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
added
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”.
added
Section 2902(b) of title 10, United States Code, is amended—
added
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
added
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”.
added
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”.
added
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”.
added
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”.
added
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,”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
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”.
added
Section 1521 of title 50, United States Code, is amended—
added
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
added
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.”.
added
Requirements for the national security strategy for national technology and industrial base—
added
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).”.
added
Annual report to Congress— Section 2504(3) of title 10, United States Code, is amended—
added
in the matter preceding subparagraph (A), by inserting “executive order or” after “pursuant to”;
added
by amending subparagraph (A) to read as follows:
added “(A) prioritized list of gaps or vulnerabilities in the national technology and industrial base, including—
added “(i) a description of mitigation strategies necessary to address such gaps or vulnerabilities;
added “(ii) the identification of the individual responsible for addressing such gaps or vulnerabilities; and
added “(iii) a proposed timeline for action to address gaps or vulnerabilities.”
added
Establishment of Center for Acquisition Innovation—
added
Establishment of Center for Acquisition Innovation—
added
In general— Chapter 97 of title 10, United States Code, is amended by inserting after section 1746 the following new section:
added “1746a. Center for Acquisition Innovation
added “(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.
added “(b) Mission
added “(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.
added “(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.
added “(c) Implementation review of Section 809 Panel recommendations and center policy alternatives
added “(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—
added “(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;
added “(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
added “(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.
added “(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).
added “(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.
added “(e) Annual report
added “(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.
added “(2) Each such report shall be submitted in accordance with paragraph (1) without further review within the executive branch.
added “(3) Each report under paragraph (1) shall include the following:
added “(A) Results of academic research and analysis.
added “(B) Results of the implementation reviews conducted pursuant to subsection (d).
added “(C) Policy alternatives for such legislative and executive branch action as the Center considers warranted.
added “(D) Specific implementation language for any statutory changes recommended.
added “(f) Definition—In this section, the term defense acquisition system has the meaning given that term in section 2545(2) of this title.”
added
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:
added
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.
added
Implementation report—
added
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.
added
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.
added
Records of the section 809 panel—
added
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.
added
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.
added
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. 871 Consideration of subcontracting to minority institutions
added
added
In general— Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:
added “2410t. Consideration of subcontracting to minority institutions
added “(a) Consideration of subcontracting to minority institutions—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance for a grant or contract awarded to an institution of higher education includes incentives for the award of a sub-grant or subcontract to minority institutions.
added “(b) Minority institution defined—In this section, the term minority institution means—
added “(1) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or
added “(2) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 872 Size standard calculations for certain small business concerns
added
added
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”.
added
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.
added
Amendment to size standards for certain small business concerns—
added
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”.
added
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”.
added
Transition plan for the Small Business Runway Extension Act of 2018—
added
Plan required— Not later than 90 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall implement a transition plan to assist business concerns and Federal agencies with compliance with the requirements of the Small Business Runway Extension Act of 2018 (Public Law 115–324).
added
3–Year calculation for size standards—
added
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)).
added
3-year calculation defined— In this subsection, the term 3-year calculation means—
added
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
added
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.
added
Requirement to update SAM— Not later than 90 days after the date of the enactment of this Act, the System for Award Management (or any successor system) shall be updated to comply with the requirements of this Act.
Sec. 873 Modifications to small business subcontracting
added
added
Small business lower-tier subcontracting— Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended—
added
by amending paragraph (16) to read as follows:
added “(16) Credit for certain small business concern subcontractors
added “(A) In general—For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)—
added “(i) if the subcontracting goals pertain only to a single contract with the Federal agency, the prime contractor may elect to receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the total dollar value of any subcontracts awarded to such small business concerns; and
added “(ii) if the subcontracting goals pertain to more than one contract with one or more Federal agencies, or to one contract with more than one Federal agency, the prime contractor may only receive credit for first tier subcontractors that are small business concerns.
added “(B) Collection and review of data on subcontracting plans—The head of each contracting agency shall ensure that—
added “(i) the agency collects and reports data on the extent to which contractors of the agency meet the goals and objectives set forth in subcontracting plans submitted pursuant to this subsection; and
added “(ii) the agency periodically reviews data collected and reported pursuant to subparagraph (A) for the purpose of ensuring that such contractors comply in good faith with the requirements of this subsection and subcontracting plans submitted by the contractors pursuant to this subsection.
added “(C) Rule of construction—Nothing in this paragraph shall be construed to allow a Federal agency to establish a goaling requirement for a prime contractor eligible to receive credit under this paragraph that establishes an amount of subcontracts with a subcontractor that is not a first tier subcontractor for such prime contractor.”
added
by adding at the end the following new paragraph:
added “(18) Dispute process for non-payment to subcontractors
added “(A) Notice to agency—With respect to a contract with a Federal agency, a subcontractor of a prime contractor on such contract may, if the subcontractor has not received payment for performance on such contract within 30 days of the completion of such performance, notify the Office of Small and Disadvantaged Business Utilization (hereinafter referred to as “OSDBU”) of the Federal agency and the prime contractor of such lack of payment.
added “(B) Agency determination
added “(i) In general—Upon receipt of a notice described under subparagraph (A) and if such notice is provided to the agency within the 15-day period following the end the 30-day period described in subparagraph (A), the OSDBU shall verify whether such lack of payment has occurred and determine whether such lack of payment is due to an undue restriction placed on the prime contractor by an action of the Federal agency.
added “(ii) Response during determination—During the period in which the OSDBU is making the determination under clause (i), the prime contractor may respond to both the subcontractor and the OSDBU with relevant verifying documentation to either prove payment or allowable status of nonpayment.
added “(C) Cure period—If the OSDBU verifies that the lack of payment under subparagraph (B) is not due to an action of the Federal agency, and the prime contractor has not provided verifying documentation described in subparagraph (B)(ii), the OSDBU shall notify the prime contractor and provide the prime contractor with a 15-day period in which the prime contractor may make the payment owed to the subcontractor.
added “(D) Result of nonpayment—If, after notifying the prime contractor under subparagraph (C), the OSDBU determines that the prime contractor has not fully paid the amount owed within the 15-day period described under subparagraph (C), the OSDBU shall ensure that such failure to pay is reflected in the Contractor Performance Assessment Reporting system (or any successor system).”
added
Maintenance of records with respect to credit under a subcontracting plan— Section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)) is amended—
added
by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively (and conforming the margins accordingly); and
added
by inserting after subparagraph (F) the following new subparagraph:
added “(G) a recitation of the types of records the successful offeror or bidder will maintain to demonstrate that procedures have been adopted to substantiate the credit the successful offeror or bidder will elect to receive under paragraph (16)(A)(i);”
Sec. 874 Inclusion of best in class designations in annual report on small business goals
addedadded Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended by adding at the end the following new paragraph:
added “(4) Best in class small business participation reporting
added “(A) Addendum—The Administrator, in addition to the requirements under paragraph (2), shall include in the report required by such paragraph, for each best in class designation—
added “(i) the total amount of spending Governmentwide in such designation;
added “(ii) the number of small business concerns awarded contracts and the dollar amount of such contracts awarded within each such designation to each of the following—
added “(I) qualified HUBZone small business concerns;
added “(II) small business concerns owned and controlled by women;
added “(III) small business concerns owned and controlled by service-disabled veterans; and
added “(IV) small business concerns owned and controlled by socially and economically disadvantaged individuals.
added “(B) Best in class defined—The term best in class has the meaning given such term by the Director of the Office of Management and Budget.
added “(C) Effective date—The Administrator shall report on the information described by subparagraph (A) beginning on the date that such information is available in the Federal Procurement Data System, the System for Award Management, or any successor to such systems.”
Sec. 875 Small Business Administration cybersecurity reports
addedadded Section 10 of the Small Business Act (15 U.S.C. 639) is amended by inserting after subsection (a) the following:
added “(b) Cybersecurity reports
added “(1) Annual report—Not later than 180 days after the date of enactment of this subsection, and every year thereafter, the Administrator shall submit a report to the appropriate congressional committees that includes—
added “(A) an assessment of the information technology (as defined in section 11101 of title 40, United States Code) and cybersecurity infrastructure of the Administration;
added “(B) a strategy to increase the cybersecurity infrastructure of the Administration;
added “(C) a detailed account of any information technology equipment or interconnected system or subsystem of equipment of the Administration that was manufactured by an entity that has its principal place of business located in China, Iran, Russia, or North Korea; and
added “(D) an account of any cybersecurity risk or incident that occurred at the Administration during the 2-year period preceding the date on which the report is submitted, and any action taken by the Administrator to respond to or remediate any such cybersecurity risk or incident.
added “(2) Additional reports—If the Administrator determines that there is a reasonable basis to conclude that a cybersecurity risk or incident occurred at the Administration, the Administrator shall—
added “(A) not later than 7 days after the date on which the Administrator makes that determination, notify the appropriate congressional committees of the cybersecurity risk or incident; and
added “(B) not later than 30 days after the date on which the Administrator makes a determination under subparagraph (A)—
added “(i) provide notice to individuals and small business concerns affected by the cybersecurity risk or incident; and
added “(ii) submit to the appropriate congressional committees a report, based on information available to the Administrator as of the date which the Administrator submits the report, that includes—
added “(I) a summary of information about the cybersecurity risk or incident, including how the cybersecurity risk or incident occurred; and
added “(II) an estimate of the number of individuals and small business concerns affected by the cybersecurity risk or incident, including an assessment of the risk of harm to affected individuals and small business concerns.
added “(3) Rule of construction—Nothing in this subsection shall be construed to affect the reporting requirements of the Administrator under chapter 35 of title 44, United States Code, in particular the requirement to notify the Federal information security incident center under section 3554(b)(7)(C)(ii) of such title, or any other provision of law.
added “(4) Definitions—In this subsection:
added “(A) Appropriate congressional committees—The term appropriate congressional committees means—
added “(i) the Committee on Small Business and Entrepreneurship of the Senate; and
added “(ii) the Committee on Small Business of the House of Representatives.
added “(B) Cybersecurity risk; incident—The terms cybersecurity risk and incident have the meanings given such terms, respectively, under section 2209(a) of the Homeland Security Act of 2002.”
Sec. 876 Cyber counseling certification program for lead small business development centers
addedadded Section 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:
added “(o) Cyber counseling certification program for lead small business development centers
added “(1) Certification program—The Administrator shall establish a cyber counseling certification program, or approve a similar existing program, to certify employees of lead small business development centers to provide cyber planning assistance to small business concerns.
added “(2) Number of certified employees—The Administrator shall ensure that each lead small business development center has at least 1 employee, and not less than 10 percent of the total number of employees of the lead small business development center, certified in providing cyber planning assistance under this subsection.
added “(3) Consideration of Small Business Development Center Cyber Strategy—In carrying out this subsection, the Administrator, to the extent practicable, shall consider any cyber strategy methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2662) and any cybersecurity outreach conducted pursuant to section 2209(l) of the Homeland Security Act of 2002.
added “(4) Reimbursement for certification—Subject to the availability of appropriations, the Administrator shall reimburse a lead small business development center in an amount not to exceed $350,000 in any fiscal year for costs relating to the certification of an employee of the lead small business development center under the program established under paragraph (1).
added “(5) Definitions—In this subsection:
added “(A) Cyber planning assistance—The term cyber planning assistance means counsel and assistance to improve the cybersecurity infrastructure, awareness of cyber threat indicators, and cyber training programs for employees of a small business concern.
added “(B) Lead small business development center—The term lead small business development center means a small business development center that has received a grant under this section.”
Sec. 877 Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold
addedadded Subparagraph (B) of section 1908(b)(2) of title 41, United States Code, is amended by inserting “3131 to 3134,” after “sections”.
Sec. 878 Improvements to certain defense innovation programs
added
added
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—
added
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).
added
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—
added
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
added
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)”.
added
Pilot program for domestic investment under the SBIR program—
added
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—
added
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;
added
provide specific information regarding eligibility, participation, and affiliation rules to such small business concerns; and
added
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.
added
Domestic investment pilot program—
added
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).
added
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.
added
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.
added
Annual reporting— The Secretary of Defense shall include as part of each annual report required under section 9(b)(7) of the Small Business Act (15 U.S.C. 638(9)(b)(7)) )—
added
information on the implementation of the Domestic Investment Pilot Program;
added
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
added
the number of awards made to such small business concerns.
added
Termination— The Domestic Investment Pilot Program established under this subsection shall terminate on September 30, 2022.
added
Definitions— In this section:
added
SBIR— The term SBIR has the meaning given in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
added
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).
added
Cybersecurity technical assistance for SBIR and STTR programs—
added
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.
added
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).
added
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—
added
in paragraph (1), by striking “The Director of the National Institutes of Health” and inserting “A covered agency head”;
added
by striking “The Director” each place it appears and inserting “A covered agency head”;
added
by striking “the Director” each place it appears and inserting “a covered agency head”;
added
in paragraph (2)—
added
by amending subparagraph (A) to read as follows:
added “(A) the term covered agency head means—
added “(i) with respect to the STTR program of the National Institutes of Health, the Director of the National Institutes of Health; or
added “(ii) with respect to the STTR program of the Department of Defense, the Secretary of Defense;”
added
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
added
in paragraph (4)(A), by inserting “participating in the STTR program administered by such agency head” after “a qualifying institution”.
added
Modification to the Defense Research and Development Rapid Innovation Program—
added
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”.
added
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—
added
with respect to the two fiscal years preceding the submission of the report—
added
a description of the total number of proposals funded under the program;
added
the percent of funds made available under the program for Small Business Innovation Research Program projects; and
added
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
added
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.
added
Establishment of joint reserve detachments at Defense Innovation Unit—
added
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—
added
to support engagement and collaboration with commercial innovation hubs; and
added
to accelerate the transition and adoption of commercial technologies for national security purposes.
added
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.
added
Responsibilities— The Detachments shall have the following responsibilities:
added
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.
added
Each Detachment shall, on an ongoing basis—
added
recruit, retain, and employ members of the reserve components who possess relevant private sector experience, as described in paragraph (2);
added
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;
added
increase awareness of—
added
the technology portfolios of the Defense Innovation Unit; and
added
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);
added
capitalize on the growing investment in research and development made by the commercial industry in assessing and maturing dual-use technologies; and
added
carry out such other activities as may be directed by the Under Secretary of Defense for Research and Engineering.
added
Deadline for establishment of Detachments— The Secretary of Defense shall ensure that—
added
at least one Detachment is established on or before October 1, 2020; and
added
all three Detachments required under subsection (a) are established on or before October 1, 2022.
added
Implementation report—
added
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—
added
an organizational plan for the Detachments;
added
the estimated costs of establishing the Detachments;
added
a timeline specifying when each Detachment will attain initial operational capability and full operational capability, respectively.
added
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.
added
Modification to Department of Defense SBIR Expenditures— Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) is amended—
added
in paragraph (1)(I), by inserting “, except as provided in paragraph (5)” after “thereafter,” and inserting “fiscal years 2017 through 2019; and”; and
added
by adding at the end the following new paragraph:
added “(5) Required expenditure amounts for the Department of Defense—With respect to fiscal year 2020 and each fiscal year thereafter, paragraph (1)(I) shall apply to the Department of Defense with “4.0 percent” substituted for “3.2 percent”.”
Sec. 879 Pilot program for development of technology-enhanced capabilities with partnership intermediaries
added
added
Establishment— The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use not more than 5 percent of the funds required to be expended by the Department of Defense under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for a pilot program to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces.
added
Use of partnership intermediary—
added
Authorization— The Commander of the United States Special Operations Command may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of Small Business Innovation Research Program contracts, Small Business Technology Transfer Program contracts, and other contracts and agreements to small business concerns.
added
Use of funds— None of the funds referred to in subsection (a) shall be used to pay a partnership intermediary for any administrative costs associated with the pilot program.
added
Report— Not later than October 1, 2020, and October 1, 2021, the Commander of the United States Special Operations Command shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report describing any agreement with a partnership intermediary entered into pursuant to this section. The report shall include, for each such agreement, the amount of funds obligated, an identification of the recipient of such funds, and a description of the use of such funds.
added
Termination— The authority to carry out a pilot program under this section shall terminate on September 30, 2021.
added
Definitions— In this section:
added
Partnership intermediary— The term partnership intermediary has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
added
Small business concern— The term small business concern has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).
added
Small business innovation research program— The term Small Business Innovation Research Program has the meaning given the term in section 9(e)(4) of the Small Business Act (15 U.S.C. 638(e)).
added
Small business technology transfer program— The term Small Business Technology Transfer Program has the meaning given the term in section 9(e)(5) of the Small Business Act (15 U.S.C. 638(e)).
added
Technology-enhanced capability— The term “technology-enhanced capability” means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.
Sec. 880 Authorized official to carry out the procurement technical assistance cooperative agreement program
added
added
Authorized official— Effective October 1, 2021, section 2411(3) of title 10, United States Code, is amended by striking “Director of Defense Logistics Agency” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.
added
Report and briefing— Not later than November 1, 2020, the Secretary of Defense shall provide to the congressional defense committees a written report and briefing on the activities carried out in preparation for the transition of responsibilities for carrying out the procurement technical assistance cooperative agreement program under chapter 142 of title 10, United States Code, from the Director of Defense Logistics Agency to the Under Secretary of Defense for Acquisition and Sustainment, as required by subsection (a).
added
Annual budget justification documents— Not later than February 1, 2022, and each fiscal year thereafter, the Secretary of Defense shall submit to the congressional defense committees a budget justification display that includes the procurement technical assistance cooperative agreement program under chapter 142 of title 10, United States Code, as part of the budget justification for Operation and Maintenance, Defense-wide for the Office of the Secretary of Defense.
Sec. 881 Permanent authorization and improvement of Department of Defense Mentor-Protege Program
added
added
Permanent authorization— Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended by striking subsection (j).
added
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—
added
by redesignating subsection (n) as subsection (o); and
added
by inserting after subsection (m) the following new subsection:
added “(n) Establishment of performance goals and periodic reviews—The Office of Small Business Programs of the Department of Defense shall—
added “(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
added “(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.”
added
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”.
added
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—
added
in the subsection heading for subsection (a), by striking “pilot”; and
added
by striking “pilot” each place it appears.
added
Independent report on program effectiveness—
added
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.
added
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.
Sec. 891 Requirement to use models of commercial e-commerce portal program
added
added
In general— Before the award of a final contract to a commercial e-commerce portal provider pursuant to section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note), the Administrator of General Services shall establish a five-year program to test the three models for commercial e-commerce portals identified in section 4.1 of “Procurement Through Commercial E-Commerce Portals Phase II Report: Market Research & Consultation” issued by the Administrator in April 2019.
added
Analysis— The Administrator shall conduct an analysis of the use of the three models described in subsection (a) to determine which model is the most effective for procurement through commercial e-commerce portals.
Sec. 892 Report and database on items manufactured in the United States for major defense acquisition programs
added
added
Sense of Congress— It is the sense of Congress that any equipment or products purchased for major defense acquisition programs (as defined in section 2430 of title 10, United States Code) should be manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, and that any such equipment or products purchased by any entity of the Department of Defense should be American-made, provided that American-made equipment and products are of a quality similar to that of competitive offers and are available in a timely manner to meet mission requirements.
added
In general— Chapter 144 of title 10, United States Code, is amended by inserting after section 2436 the following new section:
added “2436a. Major defense acquisition programs: report and database on items manufactured in the United States
added “(a) Report—Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees an annual report on the percentage of any items procured in connection with a major defense acquisition program that are manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
added “(b) Database—The Secretary of Defense shall establish a database for information related to items described in the report required under subsection (a) that can be used for continuous data analysis to inform acquisition decisions relating to major defense acquisition programs.”
added
Clerical amendment— The table of section at the beginning of such chapter is amended by inserting after the item relating to section 2436 the following new item:
Sec. 893 Requirements relating to Selected Acquisition Reports
added
added
Inapplicability of termination of report submittal to Congress—
added
In general— Selected Acquisition Reports required by section 2432 of title 10, United States Code, shall not constitute reports covered by subsection (b) of section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note), and their submittal to Congress as required by such section 2432 shall not be terminated by operation of subsection (a) of such section 1080.
added
Conforming amendment— Effective on December 30, 2021, section 1051(x) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1567) is amended by striking paragraph (4).
added
Form of Selected Acquisition Reports— Section 2432 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(i) A report required under this section shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.”
added
Report on alternative methodology— The Secretary of Defense shall include with the budget for fiscal year 2021, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, a report proposing an alternative methodology for providing status reports on major defense acquisition programs and other acquisition activities, including programs carried out under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note), where such status reports shall include information on—
added
scheduled and completed cybersecurity tests of software acquired through a program covered by the status report, including assessments on cooperative vulnerability and penetration and adversarial assessments;
added
software development metrics, including initial and most recent estimates of the projected value, sizing, schedule, and level of effort for software acquired through a program covered by the status report; and
added
quality metrics for software acquired through a program covered by the status report.
added
Guidance on cybersecurity tests— With respect to cybersecurity tests included in the alternative methodology report described in subsection (c)(1), the Secretary of Defense, in coordination with the Director of Operational Test and Evaluation, shall develop policies on the selection of cybersecurity tests, methods to consistently describe the cybersecurity tests, and methods to associate cybersecurity tests with a component part of a system or a version of the software tested.
Sec. 894 Contractor science, technology, engineering, and math programs
added
added
In general— Section 862 of National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–181; 125 Stat. 1521; 10 U.S.C. note prec. 2191) is amended—
added
in subsection (a), in the matter preceding paragraph (1)—
added
by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”; and
added
by striking “ensure that Department of Defense contractors” and inserting “encourage Department of Defense contractors to”; and
added
by amending subsection (b) to read as follows:
added “(b) Allowable cost—The cost of participating in activities described in subsection (a) to a Department of Defense contractor shall be deemed to be an allowable cost under a contract between the contractor and the Department of Defense.”
added
Implementation— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue such rules or guidance necessary to implement the amendments made by this section.
Sec. 895 Extension of sunset relating to Federal Data Center Consolidation Initiative
addedadded Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note) is amended by striking “2020” and inserting “2022”.
Sec. 896 Requirements relating to certain rail rolling stock procurements and operations
added
added
Limitation on certain rail rolling stock procurements— Section 5323 of title 49, United States Code, is amended by adding at the end the following:
added “(u) Limitation on certain rail rolling stock procurements
added “(1) In general—Except as provided in paragraph (5), financial assistance made available under this chapter shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rail rolling stock for use in public transportation if the manufacturer of the rail rolling stock—
added “(A) is incorporated in or has manufacturing facilities in the United States; and
added “(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
added “(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
added “(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and
added “(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
added “(2) Exception—For purposes of paragraph (1), the term otherwise related legally or financially does not include a minority relationship or investment.
added “(3) International agreements—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.
added “(4) Certification for rail rolling stock
added “(A) In general—Except as provided in paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5337, a recipient that operates rail fixed guideway service shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in paragraph (1).
added “(B) Separate certification—The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1).
added “(5) Exception—This subsection, including the certification requirement under paragraph (4), shall not apply to the award of a contract or subcontract made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1) if the manufacturer and the public transportation agency have a contract for rail rolling stock that was executed before the date of enactment of this subsection.”
added
Cybersecurity certification for rail rolling stock and operations— Section 5323 of title 49, United States Code, as amended by subsection (a), is amended by adding at the end the following:
added “(v) Cybersecurity certification for rail rolling stock and operations
added “(1) Certification—As a condition of financial assistance made available under this chapter, a recipient that operates a rail fixed guideway public transportation system shall certify that the recipient has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks.
added “(2) Compliance—For the process required under paragraph (1), a recipient of assistance under this chapter shall—
added “(A) utilize the approach described by the voluntary standards and best practices developed under section 2(c)(15) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as applicable;
added “(B) identify hardware and software that the recipient determines should undergo third-party testing and analysis to mitigate cybersecurity risks, such as hardware or software for rail rolling stock under proposed procurements; and
added “(C) utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable.
added “(3) Limitations on statutory construction—Nothing in this subsection shall be construed to interfere with the authority of—
added “(A) the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or
added “(B) the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.”
Sec. 897 Prohibition on contracting with persons that have business operations with the Maduro regime
added
added
Prohibition— Except as provided under subsections (c), (d), and (e), the Department of Defense may not enter into a contract for the procurement of goods or services with any person that has business operations with an authority of the Government of Venezuela that is not recognized as the legitimate Government of Venezuela by the United States Government.
added
Definitions— In this section:
added
Business operations— The term business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
added
Government of Venezuela—
added
The term Government of Venezuela includes the government of any political subdivision of Venezuela, and any agency or instrumentality of the Government of Venezuela.
added
For purposes of subparagraph (A), the term agency or instrumentality of the Government of Venezuela means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela”.
added
Person— The term person means—
added
a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;
added
any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
added
any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B).
added
Exceptions—
added
In general— The prohibition under subsection (a) does not apply to a contract that the Secretary of Defense and the Secretary of State jointly determine—
added
is necessary—
added
for purposes of providing humanitarian assistance to the people of Venezuela,
added
for purposes of providing disaster relief and other urgent life-saving measures; or
added
to carry out noncombatant evacuations; or
added
is vital to the national security interests of the United States.
added
Notification requirement— The Secretary of Defense shall notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of any contract entered into on the basis of an exception provided for under paragraph (1).
added
Office of foreign assets control licenses— The prohibition in subsection (a) shall not apply to a person that has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control.
added
American diplomatic mission in Venezuela— The prohibition in subsection (a) shall not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela.
added
Applicability— This section shall apply with respect to any contract entered into on or after the date of the enactment of this section.
Sec. 901 Update of authorities relating to nuclear command, control, and communications
added
added
Duties and powers of Under Secretary of Defense for Acquisition and Sustainment— Section 133b(b) of title 10, United States Code, is amended—
added
by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively;
added
by inserting after paragraph (3) the following new paragraph (4):
added “(4) establishing policies for, and providing oversight, guidance, and coordination for, nuclear command and control systems;”
added
in paragraph (6), as so redesignated, by inserting after “overseeing the modernization of nuclear forces” the following: “, including the nuclear command, control, and communications system,”.
added
Chief information officer— Section 142(b)(1) of such title is amended—
added
by striking subparagraph (G); and
added
by redesignating subparagraphs (H) and (I) as subparagraphs (G) and (H), respectively.
Sec. 911 Codification of Assistant Secretaries for Environment, Installations, and Energy of the Army, Navy, and Air Force
added
added
Assistant Secretary of the Army— Section 7016(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(6)
added “(A) One of the Assistant Secretaries shall be the Assistant Secretary for Installations, Energy, and Environment.
added “(B) The principal duty of the Assistant Secretary for Installations, Energy, and Environment shall be the overall supervision of installation, energy, and environment matters for the Department of the Army.”
added
Assistant Secretary of the Navy— Section 8016(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(5)
added “(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.
added “(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of installation, energy, and environment matters for the Department of the Navy.”
added
Assistant Secretary of the Air Force— Section 9016(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(5)
added “(A) One of the Assistant Secretaries shall be the Assistant Secretary for Installations, Environment, and Energy.
added “(B) The principal duty of the Assistant Secretary for Installations, Environment, and Energy shall be the overall supervision of installation, energy, and environment matters for the Department of the Air Force.”
Sec. 912 Limitation on availability of funds for consolidation of Defense Media Activity
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be used to consolidate the Defense Media Activity until a period of 180 days has elapsed following the date of the enactment of this Act.
Sec. 913 Modernization of certain forms and surveys
added
added
Study— The Secretary of Defense shall conduct a study to identify each form and survey of the Department of Defense, in use on the date of the enactment of this Act, that contains a term or classification that the Secretary determines may be considered racially or ethnically insensitive.
added
Reports—
added
Interim Reports— On the date that is 90 days after the date of the enactment of this Act, and on the date that is 180 days after such date of enactment, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the study conducted under subsection (a).
added
Final Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the study conducted under subsection (a) that includes—
added
a list of each form and survey identified under such study; and
added
a plan for modernizing the terms and classifications contained in such forms and surveys, including legislative recommendations.
added
Modernization Required— Not later than 18 months after the date of the enactment of this Act, the Secretary shall carry out the plan included in the report submitted under subsection (b).
Sec. 921 Establishment of United States Space Corps in the Department of the Air Force
added
added
Establishment— Part I of subtitle D of title 10, United States Code, is amended by adding at the end the following new chapter:
added “909 THE SPACE CORPS
added “9091. Establishment of the Space Corps
added “(a) Establishment—There is established a United States Space Corps as an armed force within the Department of the Air Force.
added “(b) Composition
added “(1) The Space Corps shall be composed of the following:
added “(A) The Commandant of the Space Corps.
added “(B) The space forces and such assets as may be organic therein.
added “(2)
added “(A) The space forces specified in paragraph (1)(B) shall include the personnel and assets of the Air Force transferred to the Space Corps pursuant to the National Defense Authorization Act for Fiscal Year 2020.
added “(B) The space forces specified in paragraph (1)(B) may not include the personnel or assets of the National Reconnaissance Office or the National Geospatial-Intelligence Agency. Nothing in this section shall affect the authorities, duties, or responsibilities of the Director of the National Reconnaissance Office and the Director of the National Geospatial-Intelligence Agency, including with respect to the authority of each such Director to—
added “(i) carry out the research, development, test, and evaluation and procurement of satellites and user satellite terminals of the Defense Agency of the Director;
added “(ii) operate such terminals; and
added “(iii) develop requirements to ensure that the space programs of the Department of Defense support the mission of the Director.
added “(c) Functions—The Space Corps shall be organized, trained, and equipped to provide—
added “(1) freedom of operation for the United States in, from, and to space; and
added “(2) prompt and sustained space operations.
added “(d) Duties—It shall be the duty of the Space Corps to—
added “(1) protect the interests of the United States in space;
added “(2) deter aggression in, from, and to space; and
added “(3) conduct space operations.
added “(e) Acquisition system
added “(1) The Secretary of the Air Force may establish a separate, alternative acquisition system for defense space acquisitions, including with respect to procuring space vehicles, ground segments relating to such vehicles, and satellite terminals, pursuant to the plan specified in paragraph (2).
added “(2) The Deputy Secretary of Defense shall develop the plan, and submit such plan to the congressional defense committees, under section 1601(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2103).
added “(3) The alternative acquisition system under paragraph (1) shall cover defense space acquisitions except with respect to the National Reconnaissance Office and other elements of the Department of Defense that are elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)).
added “(f) Personnel development
added “(1) The Secretary may ensure the quality of the members of the Space Corps pursuant to the plan specified in paragraph (2) and section 9095 of this title.
added “(2) The Secretary shall develop the plan, and submit such plan to the congressional defense committees, under section 1601(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2103).
added “(3) In carrying out paragraph (1), the Secretary shall address the following:
added “(A) Managing the career progression of members of the Space Corps and civilian employees of the Space Corps throughout the military or civilian career of the member or the employee, as the case may be, including with respect to—
added “(i) defining career professional milestones;
added “(ii) pay and incentive structures;
added “(iii) the management and oversight of the Space Corps;
added “(iv) training relating to planning and executing warfighting missions and operations in space;
added “(v) conducting periodic Space Corps-wide professional assessments to determine how the Space Corps is developing as a group; and
added “(vi) establishing a centralized method to control personnel assignments and distribution.
added “(B) The identification of future space-related career fields that the Secretary determines appropriate, including a space acquisition career field.
added “(C) The identification of any overlap that exists among operations and acquisitions career fields to determine opportunities for cross-functional career opportunities.
added “9093. Commandant of the Space Corps
added “(a) Appointment
added “(1) There is a Commandant of the Space Corps, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. The Commandant serves at the pleasure of the President.
added “(2) The Commandant shall be appointed for a term of four years. In time of war or during a national emergency declared by Congress, the Commandant may be reappointed for a term of not more than four years.
added “(b) Grade—The Commandant, while so serving, has the grade of general without vacating the permanent grade of the officer.
added “(c) Relationship to the Secretary of the Air Force—Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Commandant performs the duties of such position under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary.
added “(d) Duties—Subject to the authority, direction, and control of the Secretary of the Air Force, the Commandant shall—
added “(1) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members and organizations of the Space Corps as the Secretary determines; and
added “(2) perform such other military duties, not otherwise assigned by law, as are assigned to the Commandant by the President, the Secretary of Defense, or the Secretary of the Air Force.
added “(e) Joint Chiefs of Staff
added “(1) The Commandant shall also perform the duties prescribed for the Commandant as a member of the Joint Chiefs of Staff under section 151 of this title.
added “(2) To the extent that such action does not impair the independence of the Commandant in the performance of the duties of the Commandant as a member of the Joint Chiefs of Staff, the Commandant shall inform the Secretary of the Air Force regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force.
added “(3) Subject to the authority, direction, and control of the Secretary of Defense, the Commandant shall keep the Secretary of the Air Force fully informed of significant military operations affecting the duties and responsibilities of the Secretary.”
added
Conforming amendments—
added
Joint Chiefs of Staff—
added
Membership— Section 151(a) of title 10, United States Code, is amended—
added
by redesignating paragraph (7) as paragraph (8); and
added
by inserting after paragraph (6) the following new paragraph:
added “(7) The Commandant of the Space Corps.”
added
Appointment— Section 152(b)(1)(B) of such title is amended by striking “or the Commandant of the Marine Corps” and inserting “the Commandant of the Marine Corps, or the Commandant of the Space Corps”.
added
Officer careers— Chapter 907 of such title is amended as follows:
added
In section 9084, by striking “officers in the Air Force” and inserting “officers in the Space Corps”.
added
By transferring section 9084, as amended by subparagraph (A), to chapter 909 and redesignating such section as section 9095.
added
In the table of sections, by striking the item relating to section 9084.
added
Secretary of the Air Force— Section 9013 of such title is amended—
added
in subsection (f), by inserting “and Space Corps” after “Officers of the Air Force”; and
added
in subsection (g)(1), by inserting “and Space Corps” after “members of the Air Force”.
added
Definitions— Section 101 of such title is amended—
added
in subsection (a)—
added
in paragraph (4), by inserting “Space Corps,” after “Marine Corps,”; and
added
in paragraph (9)(C), by inserting “and the Space Corps” after “concerning the Air Force”; and
added
in subsection (b)—
added
in paragraph (4), by striking “or Marine Corps” and inserting “Marine Corps, or Space Corps”; and
added
in paragraph (13), by striking “or Marine Corps” and inserting “Marine Corps, or Space Corps”.
added
Clerical amendment— The table of chapters for part I of subtitle D of title 10, United States Code, is amended by adding at the end the following new item:
Sec. 922 Transfer of personnel, functions, and assets to the Space Corps
added
added
Transfers—
added
Transfer of military personnel—
added
In general— The Secretary of Defense shall, during the transition period, transfer all covered military personnel to the Space Corps.
added
Retention in grade and status— Covered military personnel transferred to the Space Corps pursuant to subparagraph (A) shall retain the grade and date of obtaining such grade that the individual person had before the date of the transfer unless otherwise altered or terminated in accordance with law.
added
Transfer of functions— Except as otherwise directed by the Secretary of Defense, all functions, assets, and obligations of the space elements of the Air Force (including all property, records, installations, activities, facilities, agencies, and projects of such elements) shall be transferred to the Space Corps.
added
Conforming repeal—
added
In general— Chapter 135 of title 10, United States Code, is amended by striking section 2279c.
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by striking the item relating to section 2279c.
added
Effective date— The amendments made by paragraphs (1) and (2) shall take effect on the date on which the transition period terminates, as determined by the Secretary of Defense in accordance with subsection (c), which date shall be not later than December 30, 2023.
added
Notice to Congress— Not later than 30 days before the date on which the transition period terminates, the Secretary of Defense shall submit to the congressional defense committees a certification that identifies the date on which transition period will terminate.
added
Definitions— In this section:
added
The term “covered military personnel” means commissioned officers and enlisted members of the space elements of the Air Force who are assigned to such elements as of the date on which such officers and members are transferred under subsection (a)(1).
added
The term “transition period” means a period prescribed by the Secretary of Defense that—
added
begins on January 1, 2021; and
added
ends not later than December 30, 2023.
Sec. 923 Reports on Space Corps
added
added
Report on structure of Space Corps—
added
In general— The Secretary of Defense shall submit to the congressional defense committees a report that includes a detailed plan for the organizational structure of the Space Corps.
added
Elements— The report required under paragraph (1) shall include—
added
a detailed description of the structure and organizational elements required for the Space Corps to perform its mission;
added
a detailed description of the organization and staff required to support the Commandant of the Space Corps;
added
a detailed explanation of how establishment of the Space Corps is expected to affect the composition and function of the space elements of the Armed Forces;
added
a description of how the Space Corps will be organized, trained, and equipped;
added
a description of how the Space Corps will exercise acquisition authorities;
added
a description of how the Space Corps will coordinate with the United States Space Command, the Space Development Agency, and other space elements of the Armed Forces; and
added
any other matters determined to be appropriate by the Secretary.
added
Report on military personnel—
added
In general— The Secretary of Defense shall submit to the congressional defense committees a report on the military personnel requirements of the Space Corps.
added
Elements— The report required under paragraph (1) shall include—
added
a detailed plan setting forth—
added
the proposed military personnel composition and structure of the Space Corps; and
added
plans for the transfer or reassignment of military personnel from the space elements of the Armed Forces to the Space Corps;
added
the number of officer and enlisted personnel to be transferred or reassigned to the Space Corps by functional area;
added
a detailed description of the billet requirements for the Space Corps, including the staff organizational and rank structure; and
added
the number of additional officer and enlisted billets that will be required for the Space Corps and a description of such billets.
added
Report on civilian personnel—
added
In general— The Secretary of Defense shall submit to the congressional defense committees a report on the civilian personnel requirements of the Space Corps.
added
Elements— The report required under paragraph (1) shall include—
added
an assessment of the projected size of the civilian workforce of the Space Corps in fiscal year 2021 and in each fiscal year covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code;
added
a detailed explanation of any projected changes to the size of the civilian workforce of the Space Corps from year-to-year; and
added
a detailed plan for the transfer of civilian personnel from the space elements of the Armed Forces to the Space Corps.
added
Report on transfer of functions and assets—
added
In general— The Secretary of Defense shall submit to the congressional defense committees a report that includes a detailed plan for the transfer of the functions, assets, and obligations of the space elements of the Armed Forces (including any property, records, installations, activities, facilities, agencies, and projects of such elements) to the Space Corps in accordance with section 922.
added
Elements— The report required under paragraph (1) shall include—
added
a detailed list of the functions and assets to be transferred;
added
a justification for each transfer proposed to be made under subparagraph (A);
added
the location and value of each item proposed to be transferred under subparagraph (A); and
added
the date on which each item is expected to be transferred.
added
Report on funding requirements—
added
In general— The Secretary of Defense shall submit to the congressional defense committees a report on the funding requirements for the Space Corps.
added
Elements— The report required under paragraph (1) shall include a detailed estimate of the funding that will be required to establish the Space Corps and to conduct the activities and operations of the Corps, including estimated expenditures and proposed appropriations for each of fiscal years 2021 through 2025 as follows:
added
With respect to procurement accounts—
added
amounts displayed by account, budget activity, line number, line item, and line item title; and
added
a description of the requirements for each such amount specific to the Space Corps.
added
With respect to research, development, test, and evaluation accounts—
added
amounts displayed by account, budget activity, line number, program element, and program element title; and
added
a description of the requirements for each such amount specific to the Space Corps.
added
With respect to operation and maintenance accounts—
added
amounts displayed by account title, budget activity title, line number, and sub-activity group title; and
added
a description of how such amounts will specifically be used.
added
With respect to military personnel accounts—
added
amounts displayed by account, budget activity, budget sub-activity, and budget sub-activity title; and
added
a description of the requirements for each such amount specific to the Space Corps.
added
With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount by fiscal year.
added
With respect to any expenditures and proposed appropriations not included the materials submitted under subparagraphs (A) through (E), an explanation with a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted to Congress under section 221 of title 10, United States Code.
added
Form of report— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Deadline for submittal— Each of the reports required under subsections (a) through (e) shall be submitted to the congressional defense committees not later than February 1, 2020.
Sec. 924 Space National Guard
addedadded The Secretary of Defense may not transfer any personnel or resources from any reserve components, including the National Guard, to the Space Corps established by section 921 until the date on which a Space National Guard of the United States has been established by law.
Sec. 925 Effects on military installations
addedadded Nothing in this part, or the amendments made by this part, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Air Force.
Sec. 931 United States Space Command
added
added
Restoration of general authority for establishment of unified command—
added
In general— Section 169 of title 10, United States Code, is repealed.
added
Clerical amendment— The table of sections at the beginning of chapter 6 of title 10, United States Code, is amended by striking the item relating to section 169.
added
Conforming amendment— Section 2273a(d)(3) of title 10, United States Code, is amended by striking “The Commander of the United States Strategic Command, acting through the United States Space Command,” and inserting “The Commander of the United States Space Command, or, if no such command exists, the Commander of the United States Strategic Command,”.
Sec. 1001 General transfer authority
added
added
Authority to transfer authorizations—
added
Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
added
Limitation— Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $1,000,000,000.
added
Exception for transfers between military personnel authorizations— A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
added
Limitations— The authority provided by subsection (a) to transfer authorizations—
added
may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
added
may not be used to provide authority for an item that has been denied authorization by Congress.
added
Additional limitation on transfers for drug interdiction and counter drug activities— The authority provided by subsection (a) may not be used to transfer any amount to Drug Interdiction and Counter Drug Activities, Defense-wide.
added
Effect on authorization amounts— A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
added
Notice to congress— The Secretary shall promptly notify Congress of each transfer made under subsection (a).
added
Certification requirement— The authority to transfer any authorization under this section may not be used until the Secretary of Defense and the head of each entity affected by such transfer submits to the congressional defense committees certification in writing that—
added
the amount transferred will be used for higher priority items, based on unforeseen military requirements, than the items from which authority is transferred; and
added
the amount transferred will not be used for any item for which funds have been denied authorization by Congress.
Sec. 1002 Additional requirements for annual report and briefing on financial improvement and audit remediation plan
addedadded Section 240b(b) of title 10, United States Code, is amended—
added
in paragraph (1)(B)(iv), by adding at the end the following new subclause:
added “(IV) A current accounting of the defense business systems of the Department of Defense that will be introduced, replaced, updated, modified, or retired in connection with the audit of the full financial statements of the Department, including a comprehensive roadmap that displays—
added “(aa) in-service, retirement, and other pertinent dates for affected defense business systems;
added “(bb) current cost-to-complete estimates for each affected system; and
added “(cc) dependencies both between the various defense business systems and between the introduction, replacement, update, modification, and retirement of such systems.”
added
in paragraph (2), by adding at the end the following new sentence: “Such briefing shall also include a description of any updates to the defense business systems roadmap referred to in paragraph (1)(B)(iv)(IV).”; and
added
by amending paragraph (3) to read as follows:
added “(3) Definitions—In this subsection:
added “(A) The term “critical capabilities” means the critical capabilities described in the Department of Defense report titled “Financial Improvement and Audit Readiness (FIAR) Plan Status Report” and dated May 2016.
added “(B) The term “defense business system” has the meaning given such term in section 2222(i)(1)(A) of this title.”
Sec. 1003 Financial improvement and audit remediation plan
added
added
Elements of annual report— Subsection (b)(1)(B) of section 240b of title 10, United States Code, is amended—
added
in clause (vii)—
added
by striking “or if less than 50 percent of the audit remediation services”; and
added
by striking “and audit remediation activities”; and
added
in clause (viii), by striking “or if less than 25 percent of the audit remediation services”.
added
Semiannual briefings— Subsection (b)(2) of such section is amended by striking “or audit remediation”.
added
Audit remediation services— Subsection (b) of such section is further amended—
added
in paragraph (1)(B), by adding at the end the following new clauses:
added “(ix) If less than 50 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2)(B), are being performed by individual professionals meeting the qualifications described in suhsection (c), a detailed description of the risks associated with the risks of the acquisition strategy of the Department with respect to conducting audit remediation activities and an explanation of how the strategy complies with the policies expressed by Congress.
added “(x) If less than 25 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2)(B), are being performed by individual professionals meeting the qualifications described in subsection (c), a written certification that the staffing ratio complies with commercial best practices and presents no increased risk of delay in the Department’s ability to achieve a clean audit opinion.”
added
in paragraph (2)—
added
by striking “Not later” and inserting “(A) Not later”; and
added
by adding at the end the following new subparagraph:
added “(B) Not later than January 31 and June 30 each year, the Under Secretary of Defense (Comptroller) and the comptrollers of the military departments shall provide a briefing to the congressional defense committees on the status of the corrective action plan. Such briefing shall include both the absolute number and percentage of personnel performing the amount of audit remediation services being performed by professionals meeting the qualifications described in subsection (c).”
added
Selection of audit remediation services— Such section is further amended by adding at the end the following new subsection:
added “(c) Selection of audit remediation services—The selection of audit remediation service providers shall be based, among other appropriate criteria, on qualifications, relevant experience, and capacity to develop and implement corrective action plans to address internal control and compliance deficiencies identified during a financial statement or program audit.”
Sec. 1004 Reporting requirements relating to Department of Defense audits
added
added
Annual report—
added
In general— Chapter 9A of title 10, United States Code, is amended by adding at the end the following new section:
added “240g. Annual report on auditable financial statements
added “(a) In general—Not later than January 30 of each year, the Secretary of Defense shall submit to the congressional defense committees a report ranking each of the military departments and Defense Agencies in order of how advanced they are in achieving auditable financial statements as required by law. In preparing the report, the Secretary shall seek to exclude information that is otherwise available in other reports to Congress.
added “(b) Bottom quartile—Not later than June 30 of each year, the head of each of the military departments and Defense Agencies that were ranked in the bottom quartile of the report submitted under subsection (a) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency:
added “(1) A description of the material weaknesses of the military department or Defense Agency.
added “(2) The underlying causes of such weaknesses.
added “(3) A plan for remediating such weaknesses.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
added
Limitation on use of funds— Of the amounts authorized to be appropriated or otherwise made available by this Act for travel of persons for the head of a military department or Defense Agency described in subsection (b) of section 240g of title 10, United States Code, as added by subsection (a), for fiscal year 2020, not more than 80 percent may be obligated or expended before the submittal of the report required under that subsection for that military department or Defense Agency.
added
Plan for achieving unmodified audit opinion on consolidated audit—
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the plan of the Secretary for achieving an unmodified audit opinion of the Department of Defense-wide consolidated audit by not later than five years after the date of the enactment of this Act.
added
Limitation on use of funds— Of the amounts authorized to be appropriated or otherwise made available by this Act for Operation and Maintenance, Defense-Wide, Office of the Secretary of Defense, for Travel of Persons for fiscal year 2020, not more than 70 percent may be obligated or expended before the date on which the Secretary submits the report required under paragraph (1).
Sec. 1005 Annual budget justification display for service-common and other support and enabling capabilities for special operations forces
added
added
In general— Chapter 9 of title 10, United States Code, is amended by inserting after section 225 the following new section:
added “226. Special operations forces: display of service-common and other support and enabling capabilities
added “(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.
added “(b) Service-common and other support and enabling capabilities—In this section, the term “service-common and other support and enabling capabilities” means capabilities provided in support of special operations that are not reflected in Major Force Program-11 or designated as special operations forces-peculiar.”
added
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. 1006 Determination of budgetary effects
addedadded The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Sec. 1007 Independent public accountant audit of financial systems of the Department of Defense
addedadded The Secretary of Defense shall ensure that each major implementation of, or modification to, a financial system of the Department of Defense is reviewed by an independent public accountant to validate that such financial system will meet any applicable Federal requirements.
Sec. 1011 Modification of authority to provide support to other agencies for counterdrug activities and activities to counter transnational organized crime
added
added
Types of support— Paragraph (7) of subsection (b) of section 284 of title 10, United States Code, is amended—
added
by striking “and fences”; and
added
by striking “to block” and inserting “along”.
added
Congressional notification— Subsection (h)(1) of such section is amended—
added
by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and
added
by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):
added “(A) In case of support for a purpose described in subsection (b)—
added “(i) an identification of the recipient of the support;
added “(ii) a description of the support provided;
added “(iii) a description of the sources and amounts of funds used to provide such support;
added “(iv) a description of the amount of funds obligated to provide such support;
added “(v) an assessment of the efficacy and cost-effectiveness of such support in advancing the objectives and strategy of the department or agency to which the support will be provided;
added “(vi) any document describing a request for assistance from any other department or agency of the United States and any response to such a request from another department or agency of the United States to which support will be provided; and
added “(vii) in the case of any support for a purpose described under subsection (b)(7), metrics and analysis that establish that an area is a drug smuggling corridor.”
Sec. 1012 Technical correction and extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense
addedadded Section 1014 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—
added
by striking “section 371 of title 10, United States Code” each place it appears and inserting “section 271 of title 10, United States Code”; and
added
in subsection (d)(3) by striking “January 31, 2020” and inserting “December 31, 2022”.
Sec. 1013 Repeal of Secretary of Defense review of curricula and program structures of National Guard Counterdrug Schools
addedadded Section 901 of the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 32 U.S.C. 112 note) is amended—
added
by striking subsection (e); and
added
by redesignating subsections (f) through (h) as subsections (e) through (g), respectively.
Sec. 1021 Transportation by sea of supplies for the Armed Forces and Defense Agencies
addedadded Section 2631 of title 10, United States Code, is amended—
added
in the first sentence of subsection (a), by inserting “or for a Defense Agency” after “Marine Corps”; and
added
in subsection (b)—
added
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
added
by inserting after paragraph (1) the following new paragraph (2):
added “(2) Before entering into a contract for the transportation by sea of fuel products under this section, the Secretary shall provide a minimum variance of three days on the shipment date.”
added
in paragraph (4), as redesignated by subparagraph (A), by striking “the requirement described in paragraph (1)” and insert “a requirement under paragraph (1) or (2)”.
Sec. 1022 Use of National Defense Sealift Fund for procurement of two used vessels
addedadded Pursuant to section 2218(f)(3) of title 10, United States Code, and using amounts authorized to be appropriated for Operation and Maintenance, Navy, for fiscal year 2020, the Secretary of the Navy shall seek to enter into a contract for the procurement of two used vessels.
Sec. 1023 Formal schoolhouse training for shipboard system programs of record
added
added
In general— The Secretary of the Navy shall ensure that there is a formal schoolhouse available at which training is provided in any shipboard system that is program of record on Navy surface vessels.
added
Timline for implementation—
added
Current programs— In the case of any shipboard system program of record that is in use as of the date of the enactment of this Act for which no formal schoolhouse is available, the Secretary shall ensure that such a schoolhouse is available for the provision of training in such program by not later than 12 months after the date of the enactment of this Act.
added
Future programs— In the case of any shipboard system program of record that is first used after the date of the enactment of this Act, the Secretary shall ensure that a formal schoolhouse is established for the provision of training in such program by not later than 12 months after the date on which the shipboard system program of record is first used.
Sec. 1024 Report on shipbuilder training and the defense industrial base
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on shipbuilder training and hiring requirements necessary to achieve the Navy’s 30-year shipbuilding plan and to maintain the shipbuilding readiness of the defense industrial base. Such report shall include each of the following:
added
An analysis and estimate of the time and investment required for new shipbuilders to gain proficiency in particular shipbuilding occupational specialties, including detailed information about the occupational specialty requirements necessary for construction of naval surface ship and submarine classes to be included in the Navy’s 30-year shipbuilding plan.
added
An analysis of the age demographics and occupational experience level (measured in years of experience) of the shipbuilding defense industrial workforce.
added
An analysis of the potential time and investment challenges associated with developing and retaining shipbuilding skills in organizations that lack intermediate levels of shipbuilding experience.
added
Recommendations concerning how to address shipbuilder training during periods of demographic transition, including whether emerging technologies, such as augmented reality, may aid in new shipbuilder training.
added
Recommendations concerning how to encourage young adults to enter the defense shipbuilding industry and to develop the skills necessary to support the shipbuilding defense industrial base.
Sec. 1031 Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities
added
added
Extension— Subsection (b) of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 271 note) is amended by striking “2020” and inserting “2022”.
added
Technical corrections— Subsection (e) of such section is amended—
added
in paragraph (1), by inserting a period at the end; and
added
by adding at the end the following paragraph (2):
added “(2) For purposes of applying the definition of transnational organized crime under paragraph (1) to this section, the term “illegal means”, as it appears in such definition, includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense.”
Sec. 1032 Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries
addedadded No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2020, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:
added
Libya.
added
Somalia.
added
Syria.
added
Yemen.
added
Mexico.
added
Guatemala.
added
Honduras.
added
El Salvador.
added
Venezuela.
added
Cuba.
added
Iran.
added
Russia.
added
North Korea.
Sec. 1033 Prohibition on use of funds for transfer to and detention of additional individuals, including United States citizens, at United States Naval Station, Guantanamo Bay, Cuba
added
added
Prohibition on use of funds— No amounts authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2020, to—
added
detain or provide assistance relating to the detention of any individual, including any United States citizen, pursuant to the law of war or a proceeding under chapter 47A of title 10, United States Code, at United States Naval Station, Guantanamo Bay, Cuba; or
added
transfer or provide assistance relating to the transfer of any individual, including any United States citizen, for the purpose of detaining such individual pursuant to the law of war or a proceeding under chapter 47A of title 10, United States Code, at United States Naval Station, Guantanamo Bay, Cuba.
added
Exception— The prohibition in subsection (a) shall not apply to an individual who is or was detained pursuant to the law of war or a Military Commissions Act proceeding on or after May 2, 2018, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
added
Disposition plan— Not later than 60 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of Defense, shall submit to the congressional defense committees a plan identifying a disposition, other than continued law of war detention at United States Naval Station, Guantanamo Bay, Cuba, for each individual detained at United States Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of this Act.
Sec. 1034 Sense of Congress regarding the provision of medical care to individuals detained at United States Naval Station, Guantanamo Bay, Cuba
added
added
Findings— Congress makes the following findings:
added
The individuals detained at United States Naval Station, Guantanamo Bay, Cuba, are aging, and such individuals are increasingly subject to a number of health conditions exacerbated by age and the circumstances of their cases.
added
Expeditionary medical treatment of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, is logistically challenging and increasingly costly, especially treatment related to complex ailments that may become exacerbated with age.
added
Medical care at United States Naval Station, Guantanamo Bay, Cuba, is likely to become an increasing challenge for the United States Government.
added
Medical challenges at United States Naval Station, Guantanamo Bay, Cuba, also cause difficulties affecting the functions and processes of the military commissions and periodic review boards.
added
Sense of Congress— It is the sense of Congress that—
added
the United States has an ongoing obligation to provide medical care to individuals detained at United States Naval Station, Guantanamo Bay, Cuba, meeting appropriate standards of care; and
added
the Secretary of Defense should take into account the standards of care provided at other relevant facilities, including those administered by the Federal Bureau of Prisons, in determining the policies of the Department of Defense regarding the provision of medical care to individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1035 Independent assessment on gender and countering violent extremism
added
added
In general— The Secretary of Defense shall seek to enter into a contract with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the intersection of gender and violent extremism and terrorism.
added
Elements— The research and analysis conducted under subsection (a) shall include research and analysis of the following:
added
The root and proximate causes of women’s participation in terrorist and violent extremist organizations.
added
Ways for the Department of Defense to engage women and girls who are vulnerable to extremist and terrorist behavior.
added
Ways women and girls can assist the Armed Forces and partner military organizations in identifying individuals of concern.
added
The intersection of violent extremism and terrorism and the following:
added
Gender-based violence.
added
Women’s empowerment at the household level, such as property and inheritance rights, bride-price and dowry, and the level of societal sanction for the killing or harming of women.
added
Adolescent girls’ empowerment, such as the level of early, child, and forced marriage, and of girls’ access to secondary education.
added
Best practices for the Armed Forces to support women preventing and countering violent extremism and terrorism.
added
Any other matters the Secretary of Defense determines to be appropriate.
added
Utilization— The Secretary of Defense shall utilize the results of the research conducted under subsection (a) to inform each geographic combatant command’s strategy report and individual country strategy reports, where appropriate.
added
Reports—
added
Report to Secretary— Not later than one year after the date of the enactment of this Act, the nonprofit entity or federally funded research and development center with which the Secretary of Defense enters into contract under subsection (a) shall submit to the Secretary of Defense a report that contains the assessment required by subsection (a).
added
Report to Congress— Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of research conducted under subsection (a).
Sec. 1041 Scheduling of Department of Defense executive aircraft controlled by Secretaries of military departments
added
added
In general— Chapter 2 of title 10, United States Code, is amended by adding at the end the following new section:
added “120. Department of Defense executive aircraft controlled by Secretaries of military departments
added “(a) In general—The Secretary of Defense shall ensure that the Chief of the Air Force Special Air Mission Office is given the responsibility for scheduling all Department of Defense executive aircraft controlled by the Secretaries of the military departments.
added “(b) Responsibilities
added “(1) The Secretary of each of the military departments shall ensure that there is representation from each of the armed forces within the Air Force Special Air Mission Office to provide for daily management and scheduling of the aircraft controlled by that military department.
added “(2) The Secretary of Defense shall be responsible for resolving conflicts and arbitrating the allocation of aircraft based on demand and priority.
added “(c) Limitations
added “(1) The Secretary of Defense may not establish a new command and control organization to support aircraft controlled by the Secretary of a military department.
added “(2) No aircraft controlled by the Secretary of a military department may be permanently stationed at any location without required users.
added “(d) Definitions—In this section:
added “(1) The term “required use traveler” has the meaning given such term in Department of Defense directive 4500.56, as in effect on the date of the enactment of this section.
added “(2) The term “executive aircraft” has the meaning given such term in Department of Defense directive 4500.43, as in effect on the date of the enactment of this section.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 1042 Explosive ordnance defense disposal program
added
added
Roles, responsibilities, and authorities— Subsection (b) of section 2284 of title 10, United States Code, is amended—
added
in paragraph (1)—
added
in subparagraph (B), by inserting “and” after the semicolon;
added
in subparagraph (C),
added
by striking “joint program executive officer who” and inserting “training and technology program that”;
added
by inserting “, provides common individual training,” after “explosive ordnance disposal”;
added
by striking “and procurement”;
added
by inserting “for common tools” after “activities”;
added
by striking “and combatant commands”; and
added
by inserting “and” after the semicolon; and
added
by striking subparagraphs (D) and (E);
added
in paragraph (2), by striking “such as weapon systems, manned and unmanned vehicles and platforms, cyber and communication equipment, and the integration of explosive ordnance disposal sets, kits and outfits and explosive ordnance disposal tools, equipment, sets, kits, and outfits developed by the department.” and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(3) the Secretary of the Army shall designate an Army explosive ordnance disposal-qualified general officer to serve as the co-chair of the Department of Defense explosive ordnance disposal defense program.”
added
Definitions— Such section is further amended by adding at the end the following new subsection:
added “(d) Definitions—In this section:
added “(1) The term “explosive ordnance” has the meaning given such term in section 283(d) of this title.
added “(2) The term “explosive ordnance disposal” means the detection, identification, on-site evaluation, rendering safe, exploitation, recovery, and final disposal of explosive ordnance.”
Sec. 1043 Notification on the provision of defense sensitive support
addedadded Section 1055(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—
added
in paragraph (2)—
added
by redesignating subparagraph (C) as subparagraph (E); and
added
by inserting after subparagraph (B) the following new subparagraphs:
added “(C) A description of the required duration of the support.
added “(D) A description of the initial costs for the support.”
added
by adding at the end the following new paragraph:
added “(5) Sustainment costs—If the Secretary determines that sustainment costs will be incurred as a result of the provision of defense sensitive support, the Secretary, not later than 72 hours after the initial provision of such support, shall certify to the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) that such sustainment costs will not interfere with the ability of the Department to execute operations, accomplish mission objectives, and maintain readiness.”
Sec. 1044 Modification and technical correction of authority for deployment of members of the Armed Forces to the southern land border of the United States
added
added
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:
added “(a) Authority
added “(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.
added “(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—
added “(A) the provision of the assistance will not negatively affect military training, operations, readiness, or other military requirement, including the readiness of the National Guard and reserve components; and
added “(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
added “(C) any task associated with the support is inherently governmental and cannot be performed by a contractor.
added “(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.”
added
Support— Subsection (e) of such section is amended—
added
by striking “Of the amounts authorized to be appropriated for the Department of Defense by this Act, the” and inserting “The”;
added
by striking “use up to $75,000,000 to”; and
added
by inserting “on a reimbursable basis” after “subsection (a)”.
added
Reporting requirements— Subsection (f) of such section is amended to read as follows:
added “(f) Reports
added “(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:
added “(A) An identification of each unit of the Armed Forces so deployed, including for each such unit—
added “(i) the duty station or location to which the unit is assigned;
added “(ii) the unit designation;
added “(iii) the size of the unit; and
added “(iv) whether any personnel in the unit deployed under section 12302 of title 10, United States Code.
added “(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.
added “(C) For each unit so deployed, the readiness rating of the unit before deployment and 15 days after the last day of such deployment.
added “(D) The projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment.
added “(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.
added “(F) A description of the rules and additional guidance applicable to the deployment, including—
added “(i) any special instructions provided to units so deployed prior to deployment;
added “(ii) the standing rules for the use of force for deployed personnel; and
added “(iii) whether personnel carry assigned weapons and are issued ammunition.
added “(G) A description of the life support conditions, including living quarters and food ration cycles, associated with such deployment and associated costs.
added “(H) A map indicating the locations where units so deployed are housed.
added “(I) A map indicating the locations where units so deployed are conducting their assigned mission and an explanation for the choice of such locations.
added “(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.
added “(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.
added “(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.
added “(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—
added “(i) copies of any relevant documents that describe the factors taken into consideration in requesting support from the Department of Defense;
added “(ii) the analysis that informs the placement of members of the Armed Forces along the southern land border of the United States; and
added “(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.
added “(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.”
added
Termination of authority— Such section is further amended by adding at the end the following new subsection:
added “(g) Termination—The authority under this section shall terminate on September 30, 2023.”
added
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
addedadded 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—
added
the Secretary has completed the Army Watercraft Requirements Review;
added
the Secretary has entered into a contract with a federally funded research and development corporation for the review of the ability of the Army to meet the watercraft requirements of the combatant commanders; and
added
the federally funded research and development corporation has completed such review and validated the findings of such review.
Sec. 1046 Prohibition on use of funds for construction of a wall, fence, or other physical barrier along the southern border of the United States
added
added
Prohibition— National defense funds may not be obligated, expended, or otherwise used to design or carry out a project to construct, replace, or modify a wall, fence, or other physical barrier along the international border between the United States and Mexico.
added
National defense funds defined— In this section, the term “national defense funds” means—
added
amounts authorized to be appropriated for any purpose in this division or authorized to be appropriated in division A of any National Defense Authorization Act for any of fiscal years 2015 through 2019, including any amounts of such an authorization made available to the Department of Defense and transferred to another authorization by the Secretary of Defense pursuant to transfer authority available to the Secretary; and
added
funds appropriated in any Act pursuant to an authorization of appropriations described in paragraph (1).
Sec. 1047 Expenditure of funds for Department of Defense intelligence and counterintelligence activities
added
added
In general— Subject to subsections (b) and (c), the Secretary of Defense may expend amounts made available for the Military Intelligence Program for any of fiscal years 2020 through 2025 for intelligence and counterintelligence activities for any purpose the Secretary determines to be proper with regard to intelligence and counterintelligence objects of a confidential, extraordinary, or emergency nature. Such a determination is final and conclusive upon the accounting officers of the United States.
added
Limitation on amount— The Secretary of Defense may not expend more than five percent of the amounts described in subsection (a) for any fiscal year for objects described in that subsection unless—
added
the Secretary notifies the congressional defense committees and the congressional intelligence committees of the intent to expend the amounts and purpose of the expenditure; and
added
30 days have elapsed from the date on which the Secretary provides the notice described in paragraph (1).
added
Certification— For each expenditure of funds under this section, the Secretary shall certify that such expenditure was made for an object of a confidential, extraordinary, or emergency nature.
added
Report— Not later than December 31 of each of 2020 through 2025, the Secretary of Defense shall submit to the congressional defense committees and the congressional intelligence committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each such report shall include, for each expenditure under this section during the fiscal year covered by the report, a description, the purpose, the program element, and the certification required under section (c).
added
Limitation on delegations— The Secretary of Defense may not delegate the authority under this section with respect to any expenditure in excess of $75,000.
added
Congressional intelligence committees defined— In this section, the term “congressional intelligence committees” means—
added
the Select Committee on Intelligence of the Senate; and
added
the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 1048 Limitation on use of funds to house children separated from parents
added
added
In general— None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2020 may be used to house a child separated from a parent.
added
Child separated from a parent—
added
In general— For purposes of this section, a child shall not be considered to be separated from a parent if the separation is conducted by an agent or officer of Customs and Border Protection at or near a port of entry or within 100 miles of a border of the United States, and one of the following has occurred:
added
A State court, authorized under State law, terminates the rights of the parent or legal guardian, determines that it is in the best interests of the child to be removed from the parent or legal guardian, in accordance with the Adoption and Safe Families Act of 1997 (Public Law 105–89), or makes any similar determination that is legally authorized under State law.
added
An official from the State or county child welfare agency with expertise in child trauma and development makes a best interests determination that it is in the best interests of the child to be removed from the parent or legal guardian because the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to herself or others.
added
The separation is authorized based on—
added
the finding of a chief patrol agent or the area port director in an official and undelegated capacity that—
added
the child is a victim of trafficking or is at significant risk of becoming a victim of trafficking;
added
there is a strong likelihood that the adult is not the parent or legal guardian of the child; or
added
the child is in danger of abuse or neglect at the hands of the parent or legal guardian, or is a danger to themselves or others; and
added
the review and reauthorization of the separation by an independent child welfare expert licensed by the State or county in which the child was separated by not later than 48 hours after the initial decision by the Chief Patrol Agent or the Area Port Director.
added
Effect of failure to reauthorize— In the case of a separation referred to in paragraph (1)(C)(ii), if the child welfare expert does not reauthorize such separation, the child shall be considered separated from a parent for purposes of this subsection.
Sec. 1049 Limitation on use of funds for providing housing for unaccompanied alien children
added
added
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—
added
the proposed site for the housing meets the standards of the Department of Health and Human Services, including those provided under the Flores settlement agreement;
added
identifies any known or potential environmental hazards at or near the proposed site;
added
describes the actions taken or to be taken to mitigate any such hazard; and
added
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.
added
Definitions— In this section:
added
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)).
added
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. 1051 Short title
addedadded This subtitle may be cited as the “National Defense Strategy Implementation Act”.
Sec. 1052 Report on operational concepts and plans regarding strategic competitors
addedadded Not later than February 1, 2020, and then biannually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Department of Defense’s operational concepts and plans regarding strategic competitors, including on strategically significant matters identified in the National Defense Strategy, that also addresses each of the following:
added
Ways of employing the force in peace time to effectively deter strategic competitors below the threshold of war while ensuring readiness for potential conflict.
added
Ways of adapting innovative, operational concepts needed for strategically significant and plausible scenarios related to strategic competitors.
added
Ways of addressing operational challenges related to achieving the strategic advantage against strategic competitors related to nuclear, space, cyber, conventional, and unconventional means in warfighting doctrine.
added
The technologies, force developments, posture and capabilities, readiness, infrastructure, organization, personnel, and other elements of the defense program necessary to enable these operational concepts and its implementation listed in paragraphs (1) through (3).
added
The ability of the National Security Innovation Base to support the operational concepts listed in paragraphs (1) through (3).
added
The resources and defense investments necessary to support the operational concepts and its implementation, including budget recommendations.
added
The risks associated with the operational concepts, including the relationship and tradeoffs between missions, risks, and resources.
added
Measures and metrics to track the effectiveness of the operational concepts and plans.
Sec. 1053 Actions to increase analytic support
added
added
In general— The Secretary of Defense shall direct the Under Secretary of Defense for Policy, the Director of the Joint Staff, and the Director of Cost Assessment and Program Evaluation, in consultation with the head of each military service, to jointly develop and implement a plan to strengthen the analytic capabilities, expertise, and processes necessary to meet the National Defense Strategy.
added
Elements— The plan under subsection (a) shall include—
added
an assessment of the decision support capability of the Department of Defense, specifically the analytic expertise the Department is using to link National Defense Strategy objectives to innovative approaches for meeting future challenges, including winning in conflict and competing effectively against strategic competitors;
added
an approach for comparing competing analyses and conducting joint analyses for force structure to support senior leaders in implementing the National Defense Strategy;
added
a determination of the analytic products and support required to implement the National Defense Strategy, including the ability to update these products to reflect current strategy and future threats; and
added
such other matters as the Secretary of Defense determines to be appropriate.
added
Briefing required— Not later than March 1, 2020, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan under subsection (a).
Sec. 1054 Definitions
addedadded In this subtitle:
added
The term operational challenges means the principal operational challenges to meeting the defense objectives described in the most recent National Defense Strategy, as such challenges are defined by the Secretary of Defense in guidance issued to the Department of Defense. The guidance issued by the Secretary of under the preceding sentence shall—
added
specifically identify operational challenges to the Department’s principal strategic priorities of competing effectively with strategic competitors; and
added
be made available in unclassified and publicly accessible form.
added
The term “strategic competitors” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.
Sec. 1061 Report on transfers of equipment to prohibited entities
added
added
Annual report to Congress—
added
In general— Subchapter VIII of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:
added “387. Annual report on transfers of equipment to prohibited entities
added “(a) Report required—Not later than March 1, 2021, and each subsequent year, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report on the transfer of defense articles during the year preceding the year during which the report is submitted to—
added “(1) any unit committing a gross violation of human rights; or
added “(2) any group or organization prohibited from receiving assistance from the United States.
added “(b) Matters to Be Included—Each report required by subsection (a) shall include the following for the year covered by the report:
added “(1) A description of any confirmed instance in which the government of a foreign state that has received defense articles pursuant to a Department of Defense assistance authority has subsequently transferred the equipment to a unit of that foreign state that is prohibited from receiving assistance from the United States by reason of a determination by the Secretary of State that there is credible evidence that such unit has committed a gross violation of human rights.
added “(2) A description of any instance, confirmed or under investigation, in which the government of a foreign state that has received defense articles pursuant to a Department of Defense assistance authority has subsequently transferred the equipment to a group or organization that is prohibited from receiving assistance from the United States.
added “(c) Appropriate Committees of Congress Defined—In this section, the term “appropriate committees of Congress” means—
added “(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
added “(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 386 the following new item:
added
Report to Congress—
added
Report required— Not later than March 1, 2020, the Secretary of Defense shall submit to the appropriate committees of Congress (as such term is defined in section 387 of title 10, United States Code, as added by subsection (a)), a report on the transfer of defense articles during the period beginning on January 1, 2015, and ending on the date of the enactment of this Act to—
added
any unit committing a gross violation of human rights; or
added
any group or organization prohibited from receiving assistance from the United States.
added
Matters for inclusion— Such report shall include, for such period, each of the following:
added
A description of any confirmed instance in which the government of a foreign state that has received defense articles pursuant to a Department of Defense assistance authority has subsequently transferred the equipment to a unit of that foreign state that is prohibited from receiving assistance from the United States by reason of a determination by the Secretary of State that there is credible evidence that such unit has committed a gross violation of human rights.
added
A description of any instance, confirmed or under investigation, in which the government of a foreign state that has received defense articles pursuant to a Department of Defense assistance authority has subsequently transferred the equipment to a group or organization that is prohibited from receiving assistance from the United States.
Sec. 1062 Elimination of requirement to submit reports to Congress in paper format
addedadded Section 480 of title 10, United States Code, is amended—
added
in subsection (a), by striking “a copy of”;
added
by redesignating subsection (c) as subsection (d); and
added
by inserting after subsection (b) the following new subsection:
added “(c) Elimination of paper submission requirement—Whenever the Secretary (or other official) provides a report to Congress (or any committee of either House of Congress) in an electronic medium under subsection (a), the Secretary (or other official) shall not be required to submit an additional copy of the report in a paper format.”
Sec. 1063 Modification of annual report on civilian casualties in connection with United States military operations
added
added
Additional element for report— Subsection (b) of section 1057 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1572), as amended by section 1062 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended—
added
by redesignating paragraphs (5) and (6) as paragraphs (8) and (9), respectively; and
added
by inserting after paragraph (4) the following new paragraphs:
added “(5) A description of any allegations of civilian casualties made by public or non-governmental sources investigated by the Department of Defense.
added “(6) An evaluation of the general reasons for any discrepancies between the assessments of the United States and reporting from nongovernmental organizations regarding non-combatant deaths resulting from strikes and operations undertaken by the United States.
added “(7) The definitions of “combatant” and “non-combatant” used in the preparation of the report.”
added
Definition of non-combatant— Such section is further amended—
added
by redesignating subsection (e) as subsection (f); and
added
by inserting after subsection (d) the following new subsection (e):
added “(e) Definition of non-combatant—For purposes of the preparation of a report under this section, the Secretary of Defense shall define the term “non-combatant”. Such definition shall—
added “(1) be consistent with the laws of war; and
added “(2) provide that a male of military age shall not be determined to be a combatant solely on the basis of proximity to a strike or nonstrike kinetic operation, or the intended target of such an operation.”
added
Extension— Subsection (f) of such section, as so redesignated, is amended by striking “five years” and inserting “ten years”.
added
Classification— The Law Revision Counsel is directed to place this section in a note following section 113 of title 10, United States Code.
Sec. 1064 Inclusion of certain individuals investigated by Inspectors General in the semiannual report
addedadded Section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
added
in paragraph (21), by striking “; and” at the end and inserting a semicolon;
added
in paragraph (22), by striking the period at the end and inserting “; and”; and
added
by inserting after paragraph (22) the following new paragraph:
added “(23) the name of each individual who is the subject of an investigation if the individual was an officer in the grade of O-7 and above, including officers who have been selected for promotion to O-7, or a civilian member of the Senior Executive Service.”
Sec. 1065 Annual report on Joint Military Information Support Operations Web Operations Center
added
added
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.
added
Contents of report— The report required by subsection (a) shall include each of the following, for the fiscal year covered by the report:
added
Definitions of initial operating capability and full operational capability as such terms relate to the JMWC.
added
A detailed description of all activities conducted toward achieving initial operating capability and full operational capability of the JMWC.
added
A list of all associated funding requested for each program element for achieving initial operating capability and full operational capability.
added
A detailed description of validated doctrine, organization, training, materiel, leadership and education, personnel, facilities, and policy requirements relating to establishment of the JMWC.
added
A description of current JMWC capabilities, including information technology infrastructure and contractual arrangements.
added
A list of all physical locations hosting JMWC capabilities.
added
The number of military, contractor, and civilian personnel associated with the JMWC and any affiliated agency, service, or other Department of Defense entity.
added
A description of the JMWC personnel organizational structure.
added
An identification of inherently governmental functions relating to administration of the JMWC and execution of Military Information Support Operations (hereinafter referred to as “MISO )” programs hosted by the JMWC.
added
A detailed description of frameworks, metrics, and capabilities established to measure the effectiveness of MISO programs hosted by the JMWC.
added
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.
added
An assessment of the effectiveness of MISO programs hosted by the JMWC.
added
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.
added
An identification of liaisons and detailees to the JMWC from agencies and elements of the Department of Defense.
added
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.
added
Such other information as the Commander determines appropriate.
added
Termination— The requirement to submit a report under this section shall terminate on January 1, 2025.
Sec. 1066 Mobility capability requirements study
added
added
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.
added
Elements of study— The study required under subsection (a) shall include each of the following:
added
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.
added
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—
added
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
added
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.
added
An identification of any mobility capability gaps, shortfalls, overlaps, or excesses, including—
added
an assessment of associated risks with respect to the ability to conduct operations; and
added
recommended mitigation strategies where possible.
added
The articulation of all key assumptions and decisions made and excursions examined in conducting the study with respect to—
added
risk;
added
programmed forces and infrastructure;
added
the availability of commercial airlift and sealift capabilities and resources, when applicable;
added
aircraft usage rates, aircraft mission availability rates, aircraft mission capability rates, aircrew ratios, aircrew production, and aircrew readiness rates;
added
readiness, crewing, and activation rates for sealift ships;
added
prepositioning, forward stationing, seabasing, engineering, and infrastructure;
added
demand signals used to represent missions described in the national defense strategy for 2018, in competition and wartime;
added
concurrency and global integration of demand signals;
added
integrated global presence and basing strategy;
added
host nation or third-country support;
added
adversary actions to degrade and disrupt United States mobility operations;
added
aircraft being used for training or undergoing depot maintenance or modernization or ships undergoing depot maintenance;
added
mobility enabling forces availability, readiness, and use;
added
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;
added
anticipated attrition rates for the assessed force structure; and
added
such other matters as the Commander determines appropriate.
added
Such other elements as the Commander determines appropriate.
added
Reports and briefings—
added
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—
added
submit to the Committee on Armed Services of the House of Representatives an interim report on the study; and
added
provide to such Committee a briefing on the report.
added
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—
added
submit to the Committee on Armed Services of the House of Representatives a final report on the study; and
added
provide to such Committee a briefing on the report.
added
Form of reports— The reports required by paragraphs (1) and (2) shall be submitted in unclassified form, but may include a classified annex.
added
Definition of sealift ship— In this section, the term “sealift ship” includes surge sealift vessels, tanker vessels, and non-governmental vessels incorporated as part of the maritime logistics enterprise.
Sec. 1067 Assessment of special operations force structure
added
added
Assessment—
added
In general— The Secretary of Defense shall enter into an agreement with a federally funded research and development center for the conduct of an independent assessment of the force structure and roles and responsibilities of special operations forces.
added
Submission to congress— Not later than July 1, 2020, the Secretary shall submit to the congressional defense committees the results of the assessment required under paragraph (1).
added
Form— The assessment required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
added
Matters to be considered— In performing the assessment under this section, the federally funded research and development center shall consider the following matters:
added
The most recent national defense strategy under section 113(g) of title 10, United States Code.
added
Special operations activities, as described in section 167(k) of title 10, United States Code.
added
Potential future national security threats to the United States.
added
Ongoing counterterrorism and contingency operations of the United States.
added
The demand for special operations forces by geographic combatant commanders for security cooperation, exercises, and other missions that could be executed by conventional forces.
added
Other government and non-government analyses that would contribute to the assessment through variations in study assumptions or potential scenarios.
added
The role of emerging technology on special operations forces.
added
Opportunities for reduced operation and sustainment costs of special operations.
added
Current and projected capabilities of other United States Armed Forces that could affect force structure capability and capacity requirements of special operations forces.
added
The process by which United States Special Operations Command determines force size and structure.
added
The readiness of special operations forces for assigned missions and future conflicts.
added
The adequacy of special operations force structure for meeting the goals of the National Military Strategy under section 153(b) of title 10, United States Code.
added
Any other matters deemed relevant.
added
Assessment results— The results of the assessment under this section shall include each of the following:
added
Considerations and recommendations for improving the readiness of special operations forces and alternative force structure options.
added
Legislative recommendations with respect to section 167 of title 10, United States Code, and other relevant provisions of law.
added
The views of United States Special Operations Command on the assessment.
Sec. 1068 Army aviation strategic plan and modernization roadmap
added
added
Strategic plan and modernization roadmap—
added
In general— The Secretary of the Army shall develop a comprehensive strategic plan for Army aviation, which shall be designed to—
added
ensure the alignment between requirements, both current and future, and Army budget submissions to meet such requirements; and
added
inform the preparation of future defense program and budget requests by the Secretary, and the consideration of such requests by Congress.
added
Elements— The plan required by paragraph (1) shall include the following:
added
An assessment of all missions for Army aviation, both current missions and those missions necessary to support the national defense strategy and the U.S. Army in Multi-Domain Operations 2028 concept.
added
An analysis of platforms, capabilities, and capacities necessary to fulfill such current and future Army aviation missions.
added
The required life cycle budget associated with each platform, capability, and capacity requirement for both current and future requirements.
added
An analysis showing operational, budget, and schedule trade-offs between sustainment of currently fielded capabilities, modernization of currently fielded capabilities, and development and production of new capabilities.
added
Report to Congress— Not later than March 30, 2020, the Secretary of the Army shall submit to the congressional defense committees a report containing—
added
the comprehensive strategic plan required by subsection (a); and
added
a sustainment and modernization plan for carrying out such strategic plan through fiscal year 2028.
Sec. 1069 Report on ground-based long-range artillery to counter land and maritime threats
added
added
In general— Not later than March 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the efforts by the Army and Marine Corps to develop and deploy ground-based long-range rocket and cannon artillery to counter land and maritime threats.
added
Elements— The report required by subsection (a) shall include each of the following:
added
An assessment of ongoing and future Army and Marine Corps efforts to develop and deploy ground-based long-range rocket and cannon artillery to counter land and maritime fires in the areas of operations of United States Indo-Pacific Command and United States European Command.
added
An assessment of and recommendations for how the Department of Defense can improve the development and deployment of such artillery.
added
An analysis and assessment of how such artillery employed in support of the Armed Forces of the United States and allied forces would be deployed, positioned, and controlled to operate effectively against potential adversaries throughout the depth of their tactical, operational, and strategic formations, including any recommendations of the Secretary regarding how such support could be enhanced.
added
Form of report— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 1070 Independent review of transportation working-capital fund
added
added
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each of the military departments, shall enter into a contract with a federally funded research and development center for the conduct of an independent review of the transportation working-capital fund (hereinafter referred to as the “TWCF”) of the United States Transportation Command.
added
Matters for inclusion— The review conducted under subsection (a) shall include each of the following:
added
The viability of the TWCF as it is structured as of the date of the enactment of this Act.
added
An assessment of any instances in which excess TWCF funds were used for procurement or modernization efforts that would not otherwise have been funded using amounts made available for operation and maintenance.
added
Recommendations for how the TWCF could be restructured in order to make the fund more effective and efficient.
added
Potential alternative funding mechanisms for certain components of the TWCF, including the channel system.
added
Any other matters the Secretaries jointly determine appropriate.
added
Report— Not later than March 1, 2021, the Secretary of Defense and the Secretary of each of the military departments shall jointly submit the to the congressional defense committees a copy of the review conducted under subsection (a).
Sec. 1071 Geographic command risk assessment of proposed use of certain aircraft capabilities
added
added
In general— Not later than March 31, 2020, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plans of the Department of the Navy and Department of the Air Force to provide a mix of fifth generation and advanced fourth generation tactical aircraft capabilities to meet contingency and steady-state operational requirements against adversaries in support of the objectives of the 2018 national defense strategy.
added
Assessment of risk— In assessing levels of operational risk under subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E.
added
Geographic combatant command— In this section, the term “geographic combatant command” means each of the following:
added
United States European Command.
added
United States Indo-Pacific Command.
added
United States Africa Command.
added
United States Southern Command.
added
United States Northern Command.
added
United States Central Command.
Sec. 1072 Annual report on strikes undertaken by the United States against terrorist targets outside areas of active hostilities
added
added
Annual report— Not later than May 1 of each year, the Secretary of Defense shall submit to Congress a report on the number of strikes undertaken by the United States against terrorist targets outside areas of active hostilities during the preceding calendar year, as well as assessments of combatant and non-combatant deaths resulting from those strikes.
added
Contents of report— The report required by subsection (a) shall include—
added
information obtained from relevant agencies regarding the general sources of information and methodology used to conduct the assessments of combatant and non-combatant deaths;
added
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.
added
Review of post-strike reporting— In preparing a report under this section, the Secretary shall review relevant and credible post-strike all-source reporting, including such information from nongovernmental sources, for the purpose of ensuring that this reporting is available to and considered by relevant agencies in their assessment of deaths.
added
Form of report— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 1073 Termination of requirement for submittal to Congress of certain recurring reports
added
added
Termination— Effective on December 30, 2021, each report described in subsection (b) that is still required to be submitted to Congress as of such effective date shall no longer be required to be submitted to Congress.
added
Covered reports— A report described in this subsection is a recurring report that is required to be submitted to Congress by the Department of Defense, or by any officer, official, component, or element of the Department, by any annual national defense authorization Act enacted on or after December 30, 2016.
Sec. 1074 Report on operational concepts and plans regarding strategic competitors
addedadded Not later than February 1, 2020, and then biannually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Department of Defense’s operational concepts and plans regarding strategic competitors, including on strategically significant matters identified in the National Defense Strategy, that also addresses each of the following:
added
Ways of employing the force in peace time to effectively deter strategic competitors below the threshold of war while ensuring readiness for potential conflict.
added
Ways of adapting innovative, operational concepts needed for strategically significant and plausible scenarios related to strategic competitors.
added
Ways of addressing operational challenges related to achieving the strategic advantage against strategic competitors related to nuclear, space, cyber, conventional, and unconventional means in warfighting doctrine.
added
The technologies, force developments, posture and capabilities, readiness, infrastructure, organization, personnel, and other elements of the defense program necessary to enable these operational concepts and its implementation listed in paragraphs (1) through (3).
added
The ability of the National Security Innovation Base to support the operational concepts listed in paragraphs (1) through (3).
added
The resources and defense investments necessary to support the operational concepts and its implementation, including budget recommendations.
added
The risks associated with the operational concepts, including the relationship and tradeoffs between missions, risks, and resources.
added
Measures and metrics to track the effectiveness of the operational concepts and plans.
Sec. 1081 Technical, conforming, and clerical amendments
added
added
Title 10, United States Code— Title 10, United States Code, is amended as follows:
added
The table of chapters at the beginning of subtitle A, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 9A and inserting the following:
added
The table of chapters at the beginning of subtitle A, and at the beginning of part I of such subtitle, are each amended by striking the item relating to chapter 112 and inserting the following:
added
Section 113(j)(1) is amended by inserting “the” before “congressional defense committees”.
added
Section 119a is amended in each of the subsection headings for subsections (a) and (b) by striking “AACMS” and inserting “ACCMS”.
added
Section 127(c)(1) is amended by inserting “the” before “congressional defense committees”.
added
Section 130i is amended—
added
in subsection (i)(1), by inserting “(C)” after “(j)(3)”; and
added
in subsection (j)(6), by striking “40101” and inserting “44802”.
added
Section 131(b)(8) is amended by redesignating subparagraph (I) as subparagraph (F).
added
Section 132 is amended by redesignating subsection (e) as subsection (d).
added
The item relating to section 169 in the table of sections at the beginning of chapter 6 is amended by inserting a period after “Command”.
added
The item relating to section 183a in the table of sections at the beginning of chapter 7 is amended to read as follows:
added
Section 222a(d)(3)(A) is amended by inserting “had” before “been”.
added
Section 222b(a) is amended by striking “United States Code,”.
added
Section 284 is amended—
added
by striking “section 376” both places it appears and inserting “section 276”;
added
in subsection (f), by inserting “)” after “Stat. 1564)”;
added
in subsection (g)(2), by striking “section 375” and inserting “section 275”; and
added
in subsection (h)(1)(A)(vi)(VI) by striking “section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note) and”.
added
Section 240b(b)(1)(B)(i) is amended by striking “section 253a” and inserting “section 240c”.
added
The table of sections at the beginning of subchapter V of chapter 16 is amended by striking “Sec.” after the item relating to section 350.
added
Section 341(e)(2)(A) is amended by adding a period at the end.
added
Section 526(k) is amended by inserting “the” before “number of general officers”.
added
Section 649j is amended by striking “(a) In general.–The” and inserting “The”.
added
Section 651(a) is amended by inserting “shall serve” after “(50 U.S.C. 3806(d)(1))”.
added
The heading of section 928b (article 128b of the Uniform Code of Military Justice) is amended to read as follows:
added “928b. Art. 128b. Domestic violence”
added
Section 1034(b)(1)(B)(ii) is amended by striking “subsection (i)” and inserting “subsection (j)”;
added
Section 1073c(a) is amended by redesignating the second paragraph (4) as paragraph (6).
added
Section 1074g(b) is amended by striking “under subsection (h)” and inserting “under subsection (i)”.
added
Section 1075(d)(1) is amended in the table by striking “25% of out of network” and inserting “25% out of network”.
added
Section 1076d(d)(1) is amended by striking “section 1075 of this section” and inserting “section 1075 of this title”.
added
Section 1076e(d)(1) is amended by striking “section 1075 of this section” and inserting “section 1075 of this title”.
added
Section 1142(c)(3) is amended by striking “paragraph (2)(B)” and inserting “paragraph (2)(C)”.
added
Section 1762(c) is amended by striking “in at any one time” and inserting “at any one time in”.
added
Section 1788a is amended in subsection (d)(1) by striking “Not later than March 1, 2019, and each March 1 thereafter” and inserting “Not later than March 1 each year”.
added
Section 2208(u) is amended by inserting “of this title” after “2805” each place it appears.
added
Section 2216(b)(1) is amended by striking “subsection (c)(1)(B)(iii)” and inserting “subsection (c)(1)(B)(ii)”.
added
Section 2222(i)(11) is amended by striking “subsection (a)(6)(A)” and inserting “subsection (e)(6)(A)”.
added
Section 2228(a)(2) is amended by striking the second period at the end.
added
The item relating to section 2229b in the table of sections at the beginning of chapter 131 is amended to read as follows:
added
Section 2273(b)(1) is amended by inserting a semicolon at the end.
added
The heading for section 2279d is amended by striking the period at the end.
added
The heading of section 2284, as added by section 311(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1708), is amended to read as follows:
added “2284. Explosive ordnance disposal defense program”
added
Section 2304(f)(1)(B) is amended—
added
in clause (ii), by striking “paragraph (6)(A)” and inserting “paragraph (5)(A)”; and
added
in clause (iii), by striking “paragraph (6)(B)” and inserting “paragraph (5)(B)”.
added
Section 2305a(d)(1) is amended by striking “a indefinite” and inserting “an indefinite”.
added
added
Section 2304e is amended by striking the last four words of the section heading.
added
Section 2323a is amended—
added
in the section heading, by striking the last six words; and
added
in subsection (e)—
added
in paragraph (1), by striking “102 Stat. 2468;”;
added
in paragraph (2), by striking “(25 U.S.C. 450b(d))” and inserting “(25 U.S.C. 5304(d))”; and
added
in paragraph (3), by striking “(25 U.S.C. 450b(e))” and inserting “(25 U.S.C. 5304(e))”.
added
The table of sections at the beginning of chapter 137 is amended by striking the last four words of the item relating to section 2304e and the last six words of the item relating to section 2323a.
added
Section 2307(a) is amended by striking “may” and inserting “may—”.
added
Section 2313b(d) is amended by striking “an task order” both places it appears and inserting “a task order”.
added
Section 2329(g)(1) is amended by striking ““bridge contact”” and inserting ““bridge contract””.
added
Section 2339a(e)(5) is amended by striking “section 3542(b)” and inserting “section 3552(b)(6)”.
added
Section 2366a(c)(1)(F) is amended by striking “section 2366a(b)(6) of this title” and inserting “subsection (b)(6)”.
added
Section 2371b(d)(1)(C) is amended by striking “other than” after “sources”.
added
Section 2380B is amended—
added
by inserting “section” before “2376(1) of this title”; and
added
by striking “purposed of” and inserting “purposes of”.
added
Section 2401(e)(2) is amended by striking “subsection (f)” and inserting “subsection (g)”.
added
Section 2417(a)(2) is amended by striking “of eligible entities” and all that follows through “for meetings” and inserting the following:
added “(A) for meetings”
added
The item relating to section 2439 in the table of sections at the beginning of chapter 144 is amended to read as follows:
added
The item relating to subchapter II in the table of subchapters for chapter 144B is amended to read as follows:
added
Section 2447a(a) is amended by striking “after fiscal year 2017”.
added
Section 2547(b)(2) is amended—
added
by striking “material” and inserting “materiel”; and
added
by striking “Material” both places it appears and inserting “Materiel”.
added
Section 2802(e)(1) is amended by striking “shall comply with” and inserting
added “(A) comply with”
added
Section 2804(b) is amended—
added
in the second sentence—
added
by striking “(1)” and “(2)”; and
added
by striking “project and” and inserting “project,”; and
added
in the third sentence, by striking “; and”.
added
Section 2805(d)(1)(B) is amended by inserting “under” after “made available”.
added
Section 2835a(c) is amended by striking “(1) The Secretary” and inserting “The Secretary”.
added
Section 2879(a)(2)(A) is amended by striking the comma after “2017”.
added
Section 2913(c) is amended by striking “government a gas or electric utility” and inserting “government gas or electric utility”.
added
The item relating to section 2914 in the table of sections at the beginning of chapter 173 is amended to read as follows:
added
added
The heading of section 8749, as amended by section 1114(b)(2) and redesignated by section 807(d)(6) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by capitalizing the initial letter of the fifth, sixth, and seventh words and the initial letter of the last two words.
added
The heading of section 8749a, as added by section 1114(a) and redesignated by section 8(d)(6) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by capitalizing the initial letter of the fifth, sixth, and seventh words.
added
Section 9069(a) is amended by striking “are” and inserting “is”.
added
Section 10217(e)(4) is amended by striking “shall an individual” and inserting “shall be an individual”.
added
The item relating to section 2568a in the table of sections at the beginning of chapter 152 is amended to read as follows:
added
NDAA for fiscal year 2019— Effective as of August 13, 2018, and as if included therein as enacted, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended as follows:
added
Section 331(g)(2) (132 Stat. 1724) is amended by inserting “of such title” after “chapter 2”.
added
Section 844(b) (132 Stat. 1881) is amended by striking “This section and the amendments made by this section” and inserting “The amendment made by subsection (a)”.
added
Section 1246(1)(B) (132 Stat. 2049) is amended by adding at the end before the semicolon the following: “and transferring it to appear after paragraph (15)”.
added
Section 2805(c) (132 Stat. 2262; 10 U.S.C. 2864 note) is amended by striking “United Facilities Criteria” and inserting “Unified Facilities Criteria”.
added
NDAA for fiscal year 2018— Effective as of December 12, 2017, and as if included therein as enacted, section 1609(b)(3) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1728; 10 U.S.C. 2273 note) is amended by striking “, and,” and inserting “, and”.
added
NDAA for fiscal year 2012— Effective as of December 31, 2011, and as if included therein as enacted, section 315 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1358; 10 U.S.C. 2911 note) is amended by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.
added
Coordination with other amendments made by this Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.
Sec. 1082 Submission to Congress of Department of Defense execute orders
added
added
In general— Chapter 2 of title 10, United States Code, is amended by adding at the end the following new section:
added “119b. Execute orders: congressional oversight
added “Not later than 30 days after the date on which the Secretary of Defense or the commander of a combatant command issues an execute order, the Secretary of Defense shall provide to the chairman and ranking member of each of the congressional defense committees, and their designated staff with the appropriate security clearance, a copy of the execute order.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
added
Previously issued execute orders— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the chairman and ranking member of each of the congressional defense committees, and their designated staff with the appropriate security clearance, copies of each execute order issued by the Secretary or by a commander of a combatant command before the date of the enactment of this Act.
Sec. 1083 Extension of National Security Commission on Artificial Intelligence
addedadded Section 1051 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—
added
in subsection (c)(1), by striking “180 days” and inserting “360 days”; and
added
in subsection (e), by striking “October 1, 2020” and inserting “March 1, 2021”.
Sec. 1084 National Commission on Military Aviation Safety
added
added
Extension of deadline for report— Subsection (h)(2) of section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “March 1, 2020” an inserting “December 1, 2020”.
added
Secretary of Defense report— Such section is further amended by adding at the end the following new subsection:
added “(l) Report to Congress—Not later than 120 days after the date of the submittal of the report under subsection (h)(2), the Secretary of Defense, in coordination with the Secretary of each of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes each of the following:
added “(1) An assessment of the findings and conclusions of the Commission.
added “(2) The plan of the Secretaries for implementing the recommendations of the Commission.
added “(3) Any other actions taken or planned by the Secretary of Defense or the Secretary of any of the military departments to improve military aviation safety.”
added
Authorization of appropriations— In addition to any other amounts authorized to be appropriated for the National Commission on Military Aviation Safety established under section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), of the amounts authorized to be appropriated for Operation and Maintenance, Defense-wide for fiscal year 2020, as specified in the funding table in section 4301, $3,000,000 shall be available for the National Commission on Aviation Safety.
Sec. 1085 Extension of postage stamp for breast cancer research
addedadded Section 414(h) of title 39, United States Code, is amended by striking “2019” and inserting “2027”.
Sec. 1086 Processes and procedures for notifications regarding special operations forces
added
added
In general— Not later than 180 days after enactment of this Act, the Secretary of Defense shall establish and submit to the congressional defense committees processes and procedures for providing notifications to the committees regarding members of special operations forces, as identified in section 167(j) of title 10, United States Code.
added
Processes and procedures— The processes and procedures established under subsection (a) shall—
added
clarify the roles and responsibilities of the Secretaries of the military departments, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, and the Commander of United States Special Operations Command;
added
provide guidance relating to the types of matters that would warrant congressional notification, including awards, reprimands, incidents, and any other matters the Secretary determines necessary;
added
be consistent with the national security of the United States;
added
be designed to protect sensitive information during an ongoing investigation;
added
account for the privacy of members of the Armed Forces; and
added
take in to account existing processes and procedures for notifications to the congressional defense committees regarding members of the conventional Armed Forces.
Sec. 1087 Assessment of standards, processes, procedures, and policy relating to civilian casualties
added
added
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.
added
Matters to be considered— In conducting the assessment under this section, the federally funded research and development center shall consider the following matters:
added
Department of Defense policy relating to civilian casualties resulting from United States military operations.
added
Standards, processes, and procedures for internal assessments and investigations of civilian casualties resulting from United States military operations.
added
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.
added
Combatant command organizational constructs for assessing and investigating civilian casualties resulting from United States military operations.
added
Mechanisms for public and non-governmental entities to report civilian casualties that have resulted from United States military operations to the Department of Defense.
added
Enterprise-wide mechanisms for accurately recording kinetic strikes, including raids, strikes, and other missions, and civilian casualties resulting from United States military operations.
added
Standards, processes, procedures, and policy for reducing the likelihood of civilian casualties from United States military operations.
added
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.
added
Any other matters the Secretary of Defense determines appropriate.
added
Assessment results— The results of the assessment under this section shall—
added
present considerations for improving standards, processes, procedures, policy, and organizational constructs relating to civilian casualties resulting from military operations;
added
provide for the presentation of Department of Defense views on the assessment; and
added
provide for the presentation of the views of non-governmental organizations on the assessment.
added
Report to Congress—
added
In general— Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the assessment conducted under this section.
added
Form of report— The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
added
Public availability— The Secretary shall make the report under paragraph (1) publicly available.
Sec. 1088 Disposal of IPv4 addresses
added
added
Disposal required—
added
In general— Not later than 10 years after the date of the enactment of this Act, the Secretary of Defense shall sell all of the IPv4 addresses described in subsection (b) at fair market value. The net proceeds collected from a sale under this section shall be deposited in the General Fund of the Treasury.
added
Deadlines for certain blocks— Of the IPv4 addresses described in subsection (b), the Secretary of Defense shall sell in accordance with paragraph (1)—
added
one block referred to in such subsection, or an equivalent number of IPv4 addresses, by not later than two years after the date of the enactment of this Act; and
added
one additional such block, or an equivalent number of IPv4 addresses, by not later than three years after the date of the enactment of this Act.
added
IPv4 addresses— The IPv4 addresses described in this subsection are all IPv4 addresses assigned to any agency or entity of the Department of Defense, including all addresses contained in blocks 6.0.0.0/8, 7.0.0.0/8, 11.0.0.0/8, 21.0.0.0/8, 22.0.0.0/8, 26.0.0.0/8, 28.0.0.0/8, 29.0.0.0/8, 30.0.0.0/8, 33.0.0.0/8, 55.0.0.0/8, 214.0.0.0/8, and 215.0.0.0/8.
added
Report to Congress—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that includes each of the following:
added
A description of the measures taken by the Secretary regarding the disposal of the IPv4 addresses described in subsection (b).
added
An accounting of the total IPv4 address holdings of the Department of Defense, as of the date of the submittal of the report.
added
A description of any legacy systems of the Department that are dependent on the IPv4 addresses described in subsection (b).
added
The plan of the Secretary to transition all Department addresses to IPv6.
added
Such other information as the Secretary determines appropriate.
added
Form of report— The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
added
Limitation on use of funds— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for Operation and Maintenance, Defense-wide, Office of the Secretary of Defense, for Travel of Persons (OP 32 Line 308), not more than 70 percent may be obligated or expended until the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives the report required under subsection (c).
Sec. 1089 Securing American science and technology
added
added
Interagency working group—
added
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.
added
Membership—
added
In general— The working group shall include a representative of—
added
the National Science Foundation;
added
the Department of Energy;
added
the National Aeronautics and Space Administration;
added
the National Institute of Standards and Technology;
added
the Department of Commerce;
added
the National Institutes of Health;
added
the Department of Defense;
added
the Department of Agriculture;
added
the Department of Education;
added
the Department of State;
added
the Department of the Treasury;
added
the Department of Justice;
added
the Department of Homeland Security;
added
the Central Intelligence Agency;
added
the Federal Bureau of Investigation;
added
the Office of the Director of National Intelligence;
added
the Office of Management and Budget;
added
the National Economic Council; and
added
such other Federal department or agency as the President considers appropriate.
added
Chair— The working group shall be chaired by the Director of the Office of Science and Technology Policy (or the Director’s designee).
added
Responsibilities of the working group— The working group established under paragraph (1) shall—
added
identify known and potential cyber, physical, and human intelligence threats and vulnerabilities within the United States scientific and technological enterprise;
added
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;
added
identify and assess existing mechanisms for protection of federally funded research and development;
added
develop an inventory of—
added
terms and definitions used across Federal science agencies to delineate areas that may require additional protection; and
added
policies and procedures at Federal science agencies regarding protection of federally funded research; and
added
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—
added
includes—
added
descriptions of known and potential threats to federally funded research and development and the integrity of the United States scientific enterprise;
added
common definitions and terminology for categorization of research and technologies that are protected;
added
identified areas of research or technology that might require additional protection;
added
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;
added
recommendations for best practices for Federal science agencies and grantees to defend against threats to federally funded research and development, including coordination and harmonization of any relevant reporting requirements that Federal science agencies implement for grantees;
added
assessments of potential consequences that any proposed practices would have on international collaboration and United States leadership in science and technology; and
added
a classified addendum as necessary to further inform Federal science agency decisionmaking; and
added
accounts for the range of needs across different sectors of the United States science and technology enterprise.
added
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).
added
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.
added
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).
added
National academies science, technology and security roundtable—
added
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”).
added
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.
added
Purpose— The purpose of the roundtable is to facilitate among participants—
added
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;
added
identification and consideration of security threats and risks involving federally funded research and development, including foreign interference, cyberattacks, theft, or espionage;
added
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;
added
sharing of best practices for addressing and mitigating the threats and risks identified in subparagraph (B); and
added
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.
added
Report and briefing— The joint agreement under paragraph (1) shall specify that—
added
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
added
not later than March 1, 2020, the Academies shall provide a briefing to relevant committees on the progress and activities of the roundtable.
added
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.
added
Definitions— In this section:
added
The term “Academies” means the National Academies of Science, Engineering and Medicine.
added
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.
added
The term “grantee” means an entity that is—
added
a recipient or subrecipient of a Federal grant or cooperative agreement; and
added
an institution of higher education or a non-profit organization.
added
The term “relevant committees” means—
added
the Committee on Science, Space, and Technology of the House of Representatives;
added
the Committee on Commerce, Science, and Transportation of the Senate;
added
the Committee on Armed Services of the House of Representatives; and
added
the Committee on Armed Services of the Senate.
Sec. 1090 Standardized policy guidance for calculating aircraft operation and sustainment costs
addedadded Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of Cost Analysis and Program Evaluation and in consultation with the Secretary of each of the military services, shall develop and implement standardized policy guidance for calculating aircraft operation and sustainment costs for the Department of Defense. Such guidance shall provide for a standardized calculation of—
added
aircraft cost per flying hour;
added
aircraft cost per aircraft tail per year; and
added
total cost of ownership per flying hour for aircraft systems.
Sec. 1091 Special Federal Aviation Regulation Working Group
added
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Transportation, and the Secretary of State, shall jointly establish a Special Federal Aviation Regulation (in this section referred to as the “SFAR”) interagency working group to review the current options for the Department of Defense to use contracted United States civil aviation to provide support for Department of Defense missions in areas where a Federal Aviation Administration SFAR is in effect.
added
Duties— The working group shall—
added
analyze all options currently available for the Department of Defense to use contracted United States civil aviation to provide support for Department of Defense missions in areas where a Federal Aviation Administration SFAR is in effect;
added
review existing processes of the Department of Defense, the Federal Aviation Administration, and the Department of State, with respect to the Department of Defense’s use of contracted United States civil aviation in areas where a Federal Aviation Administration SFAR is in effect;
added
identify any issues, inefficiencies, or concerns with the existing options and processes, including safety of flight, legal considerations, mission delivery, and security considerations; and
added
develop recommendations, if any, to improve existing processes or expand the options available for the Department of Defense to use contracted United States civil aviation to provide support to Department of Defense missions in areas where a Federal Aviation Administration SFAR is in effect.
added
Members—
added
Appointment— The Secretary of Defense, the Secretary of Transportation, and the Secretary of State shall each appoint not more than 5 members to the working group with expertise in civil aviation safety, state aircraft operations, the provision of contracted aviation support to the Department of Defense, and the coordination of such efforts between the Department of Defense, the Department of State, and the Federal Aviation Administration. The 5 members appointed by the Secretary of Transportation shall include at least 3 members from the Federal Aviation Administration.
added
Qualifications— All working group members shall be full-time employees of the Federal Government with appropriate security clearances to allow discussion of all classified information and materials necessary to fulfill the working group’s duties pursuant to subsection (b).
added
Report— Not later than 1 year after the date it is established, the working group shall submit a report on its findings and any recommendations developed pursuant to subsection (b) to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.
added
Termination— The working group shall terminate 90 days after the date the report is submitted under subsection (d).
added
Definitions— In this section the following definitions apply:
added
The term “United States civil aviation” means—
added
United States air carriers and United States commercial operators;
added
persons exercising the privileges of an airman certificate issued by the FAA, except such persons operating United States-registered aircraft for a foreign air carrier; and
added
operators of civil aircraft registered in the United States, except where the operator of such aircraft is a foreign air carrier.
added
The term “Federal Aviation Administration SFAR” means the Special Federal Aviation Regulation included under subpart M of part 91 of title 14, Code of Federal Regulations.
Sec. 1101 Defense Advanced Research Projects Agency personnel management authority
addedadded Section 1599h(b)(1)(B) of title 10, United States Code, is amended by striking “100 positions” and inserting “140 positions”.
Sec. 1102 Modification of probationary period for certain Department of Defense employees
added
added
In general— Section 1599e of title 10, United States Code, is amended by—
added
striking subsection (a) and inserting the following:
added “(a) In general—Notwithstanding sections 3321 and 3393(d) of title 5, the probationary period applicable under those sections to a covered employee may be extended by the Secretary concerned at the discretion of such Secretary.”
added
by striking subsection (d).
added
Conforming amendments— Title 5, United States Code, is amended—
added
in section 7501(1), by striking “, except as provided in section 1599e of title 10,”; and
added
in section 7511(a)(1)(A)(ii), by striking “except as provided in section 1599e of title 10,”.
added
Application— The amendments made by this section shall apply to any covered employee (as that term is defined in paragraph (1) of section 1599e(b) of title 10, United States Code) appointed to a position described under subparagraph (A) or (B) of such paragraph on or after the date of the enactment of this Act.
Sec. 1103 Civilian personnel management
addedadded Section 129 of title 10, United States Code, is amended—
added
in subsection (a)—
added
in the first sentence, by striking “each fiscal year” and inserting “each fiscal year solely”; and
added
in the second sentence—
added
by striking “Any” and inserting “The management of such personnel in any fiscal year shall not be subject to any”; and
added
by striking “shall be developed” and all that follows through “changed circumstances”; and
added
in subsection (c)(2)—
added
in each of subparagraphs (A) and (B), by inserting “and associated costs” after each instance of “projected size”; and
added
in subparagraph (B), by striking “that have been taken” and all that follows through the period and inserting “to reduce the overall costs of the total force of military, civilian, and contract workforces.”.
Sec. 1104 One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone
addedadded Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1115 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended by striking “2020” and inserting “2021”.
Sec. 1105 One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian employees working overseas
added
added
Extension of authority— Section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1104 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended by striking “through 2019” and inserting “through 2020”.
added
Effective date— The amendment made by this section shall take effect on January 1, 2020.
Sec. 1106 Performance of civilian functions by military personnel
addedadded Subparagraph (B) of paragraph (1) of subsection (g) of section 129a of title 10, United States Code, is amended to read as follows:
added “(B) such functions may be performed by military personnel for a period that does not exceed one year if the Secretary of the military department concerned determines that—
added “(i) the performance of such functions by military personnel is required to address critical staffing needs resulting from a reduction in personnel or budgetary resources by reason of an Act of Congress; and
added “(ii) the military department concerned is in compliance with the policies, procedures, and analysis required by this section and section 129 of this title.”
Sec. 1107 Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base
added
added
In general— Subsection (a) of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), as amended by subsection (a) of section 1102 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), is further amended by striking “through 2021,” and inserting “through 2025,”.
added
Briefing— Subsection (b) of such section 1102 is amended by striking “fiscal years 2019 and 2021” and inserting “fiscal years 2019 through 2025”.
Sec. 1108 Authority to provide additional allowances and benefits for certain Defense Clandestine Service employees
addedadded Section 1603 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(c) Additional allowances and benefits for certain employees of the defense clandestine service
added “(1) Beginning on the date on which the Secretary of Defense submits the report under paragraph (3)(A), in addition to the authority to provide compensation under subsection (a), the Secretary may provide a covered employee allowances and benefits under paragraph (1) of section 9904 of title 5 without regard to the limitations in that section—
added “(A) that the employee be assigned to activities outside the United States; or
added “(B) that the activities to which the employee is assigned be in support of Department of Defense activities abroad.
added “(2) The Secretary may not provide allowances and benefits under paragraph (1) to more than 125 covered employees per year.
added “(3)
added “(A) The Secretary shall submit to the appropriate congressional committees a report containing a strategy addressing the mission of the Defense Clandestine Service during the period covered by the most recent future-years defense program submitted under section 221 of this title, including—
added “(i) how such mission will evolve during such period;
added “(ii) how the authority provided by paragraph (1) will assist the Secretary in carrying out such mission; and
added “(iii) an implementation plan for carrying out paragraph (1), including a projection of how much the amount of the allowances and benefits provided under such paragraph compare with the amount of the allowances and benefits provided before the date of the report.
added “(B) Not later than December 31, 2020, and each year thereafter, the Secretary shall submit to the appropriate congressional committees a report, with respect to the fiscal year preceding the date on which the report is submitted—
added “(i) identifying the number of covered employees for whom the Secretary provided allowances and benefits under paragraph (1); and
added “(ii) evaluating the efficacy of such allowances and benefits in enabling the execution of the objectives of the Defense Intelligence Agency.
added “(C) The reports under subparagraphs (A) and (B) may be submitted in classified form.
added “(4) In this subsection:
added “(A) The term “appropriate congressional committees” means—
added “(i) the congressional defense committees; and
added “(ii) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
added “(B) The term “covered employee” means an employee in a defense intelligence position who is assigned to the Defense Clandestine Service at a location in the United States that the Secretary determines has living costs equal to or higher than the District of Columbia.”
Sec. 1109 Prohibited personnel practices
added
added
In general— Section 2302 of title 5, United States Code, is amended by adding at the end the following:
added “(g)
added “(1) All protections afforded to an employee under subparagraphs (A), (B), and (D) of subsection (b)(1) shall be afforded, in the same manner and to the same extent, to an intern and an applicant for internship.
added “(2) For purposes of the application of this subsection, a reference to an employee shall be considered a reference to an intern in—
added “(A) section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16);
added “(B) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a); and
added “(C) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).
added “(3) In this subsection, the term “intern” means an individual who performs uncompensated voluntary service in an agency to earn credit awarded by an educational institution or to learn a trade or occupation.”
added
Conforming amendment— Section 3111(c)(1) of title 5, United States Code, is amended by inserting “section 2302(g) (relating to prohibited personnel practices),” before “chapter 81”.
Sec. 1110 Enhancement of antidiscrimination protections for Federal employees
added
added
Sense of Congress— Section 102 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
added
in paragraph (4), to read as follows:
added “(4) accountability in the enforcement of Federal employee rights is furthered when Federal agencies take appropriate disciplinary action against Federal employees who have been found to have committed discriminatory or retaliatory acts;”
added
in paragraph (5)(A)—
added
by striking “nor is accountability” and inserting “but accountability is not”; and
added
by inserting “for what by law the agency is responsible” after “under this Act”.
added
Notification of Violation— Section 202 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
added “(d) Notification of final agency action
added “(1) Not later than 30 days after a Federal agency takes final action or the Equal Employment Opportunity Commission issues an appellate decision involving a finding of discrimination or retaliation prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a), as applicable, the head of the agency subject to the finding shall provide notice for at least 1 year on the agency’s internet website in a clear and prominent location linked directly from the agency’s internet home page stating that a finding of discrimination or retaliation has been made.
added “(2) The notification shall identify the date the finding was made, the date or dates on which the discriminatory or retaliatory act or acts occurred, and the law or laws violated by the discriminatory or retaliatory act or acts. The notification shall also advise Federal employees of the rights and protections available under the respective provisions of law covered by paragraph (1) or (2) of section 201(a).”
added
Reporting requirements—
added
Electronic format requirement—
added
In general— Section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
added
by inserting “Homeland Security and” before “Governmental Affairs”;
added
by inserting “Oversight and” before “Government Reform”; and
added
by inserting “(in an electronic format prescribed by the Office of Personnel Management)” after “an annual report”.
added
Effective date— The amendment made by paragraph (1)(C) shall take effect on the date that is 1 year after the date of enactment of this Act.
added
Transition period— Notwithstanding the requirements of section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note), the report required under such section may be submitted in an electronic format, as prescribed by the Office of Personnel Management, during the period beginning on the date of enactment of this Act and ending on the effective date in paragraph (2).
added
Reporting requirement for disciplinary action— Section 203 of such Act is amended by adding at the end the following:
added “(c) Disciplinary action report—Not later than 60 days after the date on which a Federal agency takes final action or a Federal agency receives an appellate decision issued by the Equal Employment Opportunity Commission involving a finding of discrimination or retaliation in violation of a provision of law covered by paragraph (1) or (2) of section 201(a), as applicable, the employing Federal agency shall submit to the Commission a report stating whether disciplinary action has been initiated against a Federal employee as a result of the violation.”
added
Data to be posted by employing Federal agencies— Section 301(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
added
in paragraph (9)—
added
in subparagraph (A), by striking “and” at the end;
added
in subparagraph (B)(ii), by striking the period at the end and inserting “, and”; and
added
by adding at the end the following:
added “(C) for each such finding counted under subparagraph (A), the agency shall specify—
added “(i) the date of the finding;
added “(ii) the affected agency;
added “(iii) the law violated; and
added “(iv) whether a decision has been made regarding necessary disciplinary action as a result of the finding.”
added
by adding at the end the following:
added “(11) Data regarding each class action complaint filed against the agency alleging discrimination or retaliation, including—
added “(A) information regarding the date on which each complaint was filed;
added “(B) a general summary of the allegations alleged in the complaint;
added “(C) an estimate of the total number of plaintiffs joined in the complaint if known;
added “(D) the current status of the complaint, including whether the class has been certified; and
added “(E) the case numbers for the civil actions in which discrimination or retaliation has been found.”
added
Data to be posted by the equal employment opportunity commission— Section 302(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by striking “(10)” and inserting “(11)”.
added
Notification and Federal Employee Antidiscrimination and Retaliation Act amendments—
added
Notification requirements— The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding after section 206 the following:
added “207. Complaint tracking
added “Not later than 1 year after the date of enactment of the Federal Employee Antidiscrimination Act of 2019, each Federal agency shall establish a system to track each complaint of discrimination arising under section 2302(b)(1) of title 5, United States Code, and adjudicated through the Equal Employment Opportunity process from inception to resolution of the complaint, including whether a decision has been made regarding necessary disciplinary action as the result of a finding of discrimination.
added “208. Notation in personnel record
added “If a Federal agency takes an adverse action covered under section 7512 of title 5, United States Code, against a Federal employee for an act of discrimination or retaliation prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a), the agency shall, after all appeals relating to such action have been exhausted, include a notation of the adverse action and the reason for the action in the employee’s personnel record.”
added
Processing and Referral— The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
added “IV Processing and referral
added “401. Processing and resolution of complaints
added “Each Federal agency is responsible for the fair, impartial processing and resolution of complaints of employment discrimination and retaliation arising in the Federal administrative process and shall establish a model Equal Employment Opportunity Program that—
added “(1) is not under the control, either structurally or practically, of a Human Capital or General Counsel office;
added “(2) is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the organization; and
added “(3) ensures the efficient and fair resolution of complaints alleging discrimination or retaliation.
added “402. No limitation on Human Capital or General Counsel advice
added “Nothing in this title shall prevent a Federal agency’s Human Capital or General Counsel office from providing advice or counsel to Federal agency personnel on the processing and resolution of a complaint, including providing legal representation to a Federal agency in any proceeding.
added “403. Head of Program reports to head of agency
added “The head of each Federal agency’s Equal Employment Opportunity Program shall report directly to the head of the agency.
added “404. Referrals of findings of discrimination
added “(a) EEOC findings of discrimination—Not later than 30 days after the Equal Employment Opportunity Commission issues an appellate decision involving a finding of discrimination or retaliation within a Federal agency, the Commission shall refer the matter to the Office of Special Counsel.
added “(b) Referrals to special counsel—The Office of Special Counsel shall accept and review a referral from the Commission under subsection (a) for purposes of seeking disciplinary action under its authority against a Federal employee who commits an act of discrimination or retaliation.
added “(c) Notification—The Office of Special Counsel shall notify the Commission in a case in which the Office of Special Counsel initiates disciplinary action.
added “(d) Special counsel approval—A Federal agency may not take disciplinary action against a Federal employee for an alleged act of discrimination or retaliation referred by the Commission under this section except in accordance with the requirements of section 1214(f) of title 5, United States Code.”
added
Conforming amendments— The table of contents in section 1(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
added
by inserting after the item relating to section 206 the following:
added
by adding at the end the following:
added
Nondisclosure agreement limitation— Section 2302(b) of title 5, United States Code, is amended—
added
in paragraph (13)—
added
by inserting “or the Office of Special Counsel” after “Inspector General”;
added
by striking “implement” and inserting “(A) implement”; and
added
by striking the period that follows the quoted material and inserting “; or”; and
added
by adding after subparagraph (A), as added by paragraph (1)(B), and preceding the flush left matter that follows paragraph (13), the following:
added “(B) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement prohibits or restricts an employee from disclosing to Congress, the Office of Special Counsel, or an Office of the Inspector General any information that relates to any violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial, and specific danger to public health or safety, or any other whistleblower protection.”
Sec. 1111 Modification of direct hire authorities for the Department of Defense
added
added
In general— Section 9905 of title 5, United States Code, is amended—
added
in subsection (a)—
added
by amending paragraph (2) to read as follows:
added “(2) Any cyber workforce position.”
added
by adding afer paragraph (4) the following:
added “(5) Any scientific, technical, engineering, or mathematics positions, including technicians, within the defense acquisition workforce, or any category of acquisition positions within the Department designated by the Secretary as a shortage or critical need category.
added “(6) Any scientific, technical, engineering, or mathematics position, except any such position within any defense Scientific and Technology Reinvention Laboratory, for which a qualified candidate is required to possess a bachelor’s degree or an advanced degree, or for which a veteran candidate is being considered.
added “(7) Any category of medical or health professional positions within the Department designated by the Secretary as a shortage category or critical need occupation.
added “(8) Any childcare services position for which there is a critical hiring need and a shortage of childcare providers.
added “(9) Any financial management, accounting, auditing, actuarial, cost estimation, operational research, or business or business administration position, for which a qualified candidate is required to possess a finance, accounting, management or actuarial science degree or a related degree, or a related degree equivalent experience.
added “(10) Any position, as determined by the Secretary, for the purpose of assisting and facilitating the efforts of the Department in business transformation and management innovation.”
added
by striking subsection (b) and inserting the following:
added “(b) Sunset
added “(1) In general—Except as provided in paragraph (2), effective on September 30, 2025, the authority provided under subsection (a) shall expire.
added “(2) Exception—Paragraph (1) shall not apply to the authority provided under subsection (a) to make appointments to positions described under paragraph (5) of such subsection.
added “(c) Suspension of other hiring authorities—During the period beginning on the effective date of the regulations issued to carry out the hiring authority with respect to positions described in paragraphs (5) through (10) of subsection (a) and ending on the date described in subsection (b)(1), the Secretary of Defense may not exercise or otherwise use any hiring authority provided under the following provisions of law:
added “(1) Sections 1599c(a)(2) and 1705(h) of title 10.
added “(2) Sections 1112 and 1113 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1033).
added “(3) Sections 1110 and 1643(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2450 and 2602).
added “(4) Sections 559 and 1101 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).”
added
Report—
added
In general— Not later than February 1, 2021, the Secretary of Defense, in coordination with the Director of the Office of Personnel Management, shall contract with a Federally funded research and development center to submit a report to the congressional defense committees and the Committee on Oversight and Reform of the House of Representatives.
added
Contents— The report required under paragraph (1) shall—
added
assess and identify steps that could be taken to improve the competitive hiring process at the Department and ensure that direct hiring is conducted in a manner consistent with ensuring a merit based civil service and a diverse workforce in the Department and the rest of the Federal Government; and
added
consider the feasibility and desirability of using cohort hiring, or hiring “talent pools”, instead of conducting all hiring on a position-by-position basis.
added
Other matters— The Federally funded research and development center selected to carry out the report under this subsection shall, in preparing such report, consult with all stakeholders, public sector unions, hiring managers, career agency, and Office of Personnel Management personnel specialists, and survey public sector employees and job applicants, when developing its analysis and recommendations.
Sec. 1112 Permitted disclosures by whistleblowers
added
added
Recipients of whistleblower disclosures— Section 2302(b)(8)(B) of title 5, United States Code, is amended by striking “or to the Inspector” and all that follows through “such disclosures” and inserting “the Inspector General of an agency, a supervisor in the employee's direct chain of command up to and including the head of the employing agency, or to an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures”.
added
Determination of budgetary effects— The budgetary effects of this section, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this section, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Sec. 1201 Modification of authority to build capacity of foreign security forces
added
added
Authority— Subsection (a)(7) of section 333 of title 10, United States Code, is amended by inserting “existing” before “international coalition operation”.
added
Notice and wait on activities under programs— Subsection (e) of such section is amended by adding at the end the following:
added “(9) In the case of a program described in subsection (a)(7), each of the following:
added “(A) A description of whether assistance under the program could be provided pursuant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Department of Defense.
added “(B) An identification of each such authority described in subparagraph (A).”
Sec. 1202 Modification and extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations
addedadded Section 1207 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2342 note) is amended—
added
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
added
by inserting after subsection (c) the following:
added “(d) Reports to Congress—If the authority provided under this section is exercised during a fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report on the exercise of such authority by not later than October 30 of the year in which such fiscal year ends. Each report on the exercise of such authority shall specify the recipient country of the equipment loaned, the type of equipment loaned, and the duration of the loan of such equipment.”
added
in subsection (f), as redesignated, by striking “September 30, 2019” and inserting “December 31, 2024”.
Sec. 1203 Modification of quarterly report on obligation and expenditure of funds for security cooperation programs and activities
addedadded Section 381(b) of title 10, United States Code, is amended by striking “30 days” and inserting “60 days”.
Sec. 1204 Integration of gender perspectives and meaningful participation by women in security cooperation authorities
addedadded Section 333(c)(3) of title 10, United States Code, is amended—
added
in the heading, by inserting “the integration of gender perspectives and meaningful participation by women,” after “fundamental freedoms,”; and
added
in the text, by inserting “the integration of gender perspectives and meaningful participation by women,” after “fundamental freedoms,”.
Sec. 1211 Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations
added
added
Extension— Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 181; 122 Stat. 393) is amended in the matter preceding paragraph (1) by striking “October 1, 2018, and ending on December 31, 2019” and inserting “October 1, 2019, and ending on December 31, 2020”.
added
Modification to limitation— Subsection (d)(1) of such section is amended—
added
by striking “October 1, 2018, and ending on December 31, 2019” and inserting “October 1, 2019, and ending on December 31, 2020”; and
added
by striking “$350,000,000” and inserting “$450,000,000”.
Sec. 1212 Modification and Extension of Afghan Special Immigrant Visa Program
added
added
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:
added “(I) by, or on behalf of, the United States Government; or”
added
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—
added
in the heading, by striking “2015, 2016, and 2017” and inserting “2015 through 2020”;
added
in the matter preceding clause (i), by striking “18,500” and inserting “18,800”;
added
in clause (i), by striking “December 31, 2020” and inserting “December 31, 2021”; and
added
in clause (ii), by striking “December 31, 2020” and inserting “December 31, 2021”.
Sec. 1213 Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan
added
added
Extension of authority— Subsection (h) of section 1222 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1992) is amended by striking “December 31, 2020” and inserting “December 31, 2022”.
added
Excess defense articles— Subsection (i)(2) of such section is amended by striking “December 31, 2020” each place it appears and inserting “December 31, 2022”.
Sec. 1214 Extension and modification of authority to acquire products and services produced in countries along a major route of supply to Afghanistan
added
added
Termination of authority— Subsection (f) of section 801 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399) is amended by striking “December 31, 2019” and inserting “December 31, 2021”.
added
Report on authority— Such section, as so amended, is further amended by adding at the end the following:
added “(g) Report on authority
added “(1) In general—Not later than March 1, 2020, and March 1, 2021, the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of the authority provided in subsection (a). The report shall address, at a minimum, the following:
added “(A) The number of determinations made by the Secretary pursuant to subsection (b).
added “(B) A description of the products and services acquired using the authority.
added “(C) The extent to which the use of the authority has met the objectives of subparagraph (A), (B), or (C) of subsection (b)(2).
added “(D) A list of the countries providing products or services as a result of a determination made pursuant to subsection (b).
added “(2) Appropriate congressional committees defined—For purposes of this subsection, the term “appropriate congressional committees” means—
added “(A) the congressional defense committees; and
added “(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.”
Sec. 1215 Authority for certain payments to redress injury and loss in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen
added
added
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.
added
Notice— The Secretary of Defense shall, upon each exercise of the authority in this subsection, submit to the congressional defense committees a report setting forth the following:
added
The amount that will be used for payments pursuant to this subsection.
added
The manner in which claims for payments shall be verified.
added
The officers or officials who shall be authorized to approve claims for payments.
added
The manner in which payments shall be made.
added
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
addedadded 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—
added
in subsection (a)—
added
in paragraph (2), by striking “December 15, 2020” and inserting “December 15, 2022”; and
added
by amending paragraph (3) to read as follows:
added “(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.”
added
in subsection (b)—
added
by inserting “, to include the progress of the Government of Afghanistan on securing Afghan territory and population,” after “the current security conditions in Afghanistan”; and
added
by striking “and the Haqqani Network” and inserting “the Haqqani Network, and the Islamic State of Iraq and Syria Khorasan”.
Sec. 1221 Modification of authority to provide assistance to counter the Islamic State of Iraq and Syria
added
added
Limitation on availability of authority— Of the amounts made available for fiscal year 2020 pursuant to the authorization in section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), as amended by this section, not more than 70 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report in unclassified form, that may include a classified annex, that includes each of the following:
added
Any updates to or changes in the plan, strategy, process, vetting requirements and process as described in subsection (e) of such section 1236, and end-use monitoring mechanisms and procedures.
added
A description of how attacks against United States or coalition personnel are being mitigated, statistics on any such attacks, including “green-on-blue” attacks.
added
A description of the forces receiving assistance authorized under subsection (a) of such section 1236.
added
A description of the recruitment, throughput, and retention rates of recipients and equipment.
added
A description of any misuse or loss of provided equipment and how such misuse or loss is being mitigated.
added
An assessment of the operational effectiveness of the forces receiving assistance authorized under subsection (a) of such section 1236.
added
A description of sustainment support provided to the forces authorized under subsection (a) of such section 1236.
added
A list of new projects for construction, repair, or renovation commenced during the period covered by such progress report, and a list of projects for construction, repair, or renovation continuing from the period covered by the preceding progress report.
added
A statement of the amount of funds expended during the period for which the report is submitted.
added
An assessment of the effectiveness of the assistance authorized under subsection (a) of such section 1236.
added
A list of the forces or elements of forces that are restricted from receiving assistance under subsection (a) of such section 1236, other than the forces or elements of forces with respect to which the Secretary of Defense has exercised the waiver authority under subsection (j) of such section 1236, as a result of vetting required by subsection (e) of such section 1236 or by section 2249e of title 10, United States Code, and a detailed description of the reasons for such restriction, including for each force or element, as applicable, the following:
added
Information relating to gross violation of human rights committed by such force or element, including the time-frame of the alleged violation.
added
The source of the information described in subparagraph (A) and an assessment of the veracity of the information.
added
The association of such force or element with terrorist groups or groups associated with the Government of Iran.
added
The amount and type of any assistance provided to such force or element by the Government of Iran.
added
An assessment of—
added
security in liberated areas in Iraq;
added
the extent to which security forces trained and equipped, directly or indirectly, by the United States are prepared to provide post-conflict stabilization and security in such liberated areas; and
added
the effectiveness of security forces in the post-conflict environment and an identification of which such forces will provide post-conflict stabilization and security in such liberated areas.
added
A summary of available information relating to the disposition of militia groups throughout Iraq, with particular focus on groups in areas liberated from ISIS or in sensitive areas with historically mixed ethnic or minority communities.
added
Funding— Subsection (g) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended—
added
by striking “fiscal year 2019” and inserting “fiscal year 2020”; and
added
by striking “$850,000,000” and inserting “$663,000,000”.
added
Modification of elements in quarterly progress reports— Subsection (d) of such section 1236 is amended—
added
in paragraph (11), by striking “section 2249e of title 10, United States Code” and inserting “section 362 of title 10, United States Code”; and
added
by adding at the end the following new paragraph:
added “(13) A summary of available information relating to the disposition of militia groups throughout Iraq, with particular focus on groups in areas liberated from ISIS or in sensitive areas with historically mixed ethnic or minority communities.”
added
Clarification with respect to scope of authority—
added
In general— Subsection (j)(2) of such section 1236 is amended to read as follows:
added “(2) Scope of assistance authority—Notwithstanding paragraph (1), the authority granted by subsection (a) may only be exercised in consultation with the Government of Iraq.”
added
Technical correction— The heading of subsection (j) of such section 1236 is amended by inserting “; Scope” after “Authority”.
added
Technical correction— Subsection (c) of such section 1236 is amended in the matter preceding paragraph (1) by striking “subsection (a)(1)” and inserting “subsection (b)(1)(A)”.
Sec. 1222 Extension and modification of authority to provide assistance to the vetted Syrian opposition
added
added
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:
added
In subsection (a)—
added
in the matter preceding paragraph (1)—
added
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
added
by striking “December 31, 2019” and inserting “December 31, 2020”.
added
in paragraph (1), by inserting “or previously controlled by ISIL” after “Syrian opposition”.
added
By amending subsection (b) to read as follows:
added “(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:
added “(1) The plan for providing the assistance.
added “(2) The requirements and process used to determine appropriately vetted recipients with respect to the assistance.
added “(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.
added “(4) The amount, type, and purpose of assistance to be funded and the recipient of the assistance.
added “(5) The budget and implementation timeline, with milestones and anticipated delivery schedule for the assistance.
added “(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:
added “(A) The details of such material misuse.
added “(B) The recipient or recipients responsible for such material misuse.
added “(C) The consequences of such material misuse.
added “(D) The actions taken by the Secretary to remedy the causes and effects of such material misuse.
added “(7) The goals and objectives of the assistance.
added “(8) The concept of operations, timelines, and types of training, equipment, stipends, sustainment, construction, and supplies to be provided.
added “(9) The roles and contributions of partner nations.
added “(10) The number and role of United States Armed Forces personnel involved.
added “(11) Any additional military support and sustainment activities.
added “(12) Any other relevant details.”
added
By amending subsection (c) to read as follows:
added “(c) Form—The notifications required by subsection (b) shall be submitted in unclassified form but may include a classified annex.”
added
By striking subsection (f) and inserting the following:
added “(f) Restriction on scope of assistance in the form of weapons
added “(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.
added “(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.”
added
In subsection (g)—
added
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
added
by striking “operation and maintenance accounts” and all that follows through the end of the subsection and inserting “accounts.”.
added
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”.
added
In subsection (l)—
added
by striking “$10,000,000” and inserting “$20,000,000”;
added
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.”;
added
by striking “Repair Projects.—The aggregate” and inserting .
added “(1) In general—The aggregate”
added
by adding at the end the following:
added “(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.”
added
By striking subsection (j).
added
By redesignating subsections (k) through (m) (as amended by this subsection) as subsections (j) through (l), respectively.
added
Effective date and availability of authority—
added
In general— The amendments made by subsection (a) shall take effect on the date of the enactment of this section.
added
Availability of authority— Notwithstanding paragraph (1), the Secretary may not provide assistance pursuant to the authority provided by section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as amended by subsection (a) of this section, during the period beginning on January 1, 2020, and ending on the date on which each quarterly report required to be submitted pursuant to subsection (d) of such section 1209, as of the date of the enactment of this section, has been submitted.
Sec. 1223 Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq
added
added
Extension of authority— Subsection (f)(1) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended by striking “fiscal year 2019” and inserting “fiscal year 2020”.
added
Amount available— Such section is further amended—
added
in subsection (c), by striking “fiscal year 2019” and inserting “fiscal year 2020”; and
added
in subsection (d), by striking “fiscal year 2019” and inserting “fiscal year 2020”.
added
Limitation on availability of funds— Of the amount available for fiscal year 2020 for section 1215 of the National Defense Authorization Act for Fiscal Year 2012, as amended by this section, not more than an amount equal to 50 percent may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense certifies to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate, that each of the following reforms relating to that Office has been completed:
added
The appointment of a Senior Defense Official/Defense Attache to oversee the Office.
added
The development of a Joint Service staffing plan to reorganize the Office similar to that of other security cooperation offices in the region, that places foreign area officers in key leadership positions and closes duplicative or extraneous sections.
added
The planning and initiation of bilateral engagement with the Government of Iraq for the purpose of establishing a Joint Military Commission and the initiation and drafting of a five-year security assistance roadmap for developing strategic and sustainable military capacity and capabilities for Iraq that includes a plan to reform Iraq's defense industrial base and security sector by reducing corruption and optimizing procurement.
Sec. 1224 Prohibition on provision of weapons and other forms of support to certain organizations
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2020 may be used to knowingly provide weapons or any other form of support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat Fateh al Sham, or any individual or group affiliated with any such organization.
Sec. 1225 Rule of construction relating to use of military force against Iran
addedadded Nothing in this Act or any amendment made by this Act may be construed to authorize the use of military force against Iran.
Sec. 1226 Sense of Congress on support for Ministry of Peshmerga forces of the Kurdistan Region of Iraq
addedadded It is the sense of Congress that—
added
the United States led coalition and coalition enabled partner forces, including Ministry of Peshmerga forces of the Kurdistan Region of Iraq and Iraqi Security Forces (ISF), have made significant gains in liberating all territory in Iraq from Islamic State of Iraq and Syria (ISIS) control and disrupting ISIS safe havens and networks;
added
nevertheless, ISIS is regenerating key functions and capabilities in Iraq, and ISIS elements will continue to exist in Iraq for the foreseeable future;
added
ISIS will attempt to rebuild combat power through clandestine networks providing sanctuary, and ISIS will continue to attempt to conduct insurgent-type activities while simultaneously recruiting and training fighters, establishing facilitation networks, and attempting to remain relevant in the information domain;
added
the Ministry of Peshmerga forces of the Kurdistan Region of Iraq made significant contributions and sacrifices in the United States-led campaign to degrade, dismantle, and destroy ISIS; and
added
the Department of Defense and the Department of State should continue to work with and support the non-partisan forces of the Ministry of Peshmerga of the Kurdistan Region of Iraq in order to continue to develop their capabilities, promote security sector reforms, and enhance sustainability and interoperability with the other elements of the Iraqi security forces in order to provide for Iraq’s lasting security against terrorist threats.
Sec. 1231 Prohibition on the use of funds to suspend, terminate, or withdraw the United States from the Open Skies Treaty
added
added
Findings— Congress finds the following:
added
Since 1992, the United States has supported the Open Skies Treaty with dedicated aircraft and observation mission teams, conducting several hundred training and observation missions with other countries.
added
This commitment by the United States has helped to confirm and refine operational procedures, to improve implementation and effectiveness of the Open Skies Treaty, and provide United States leadership and engagement opportunities that have supported broader objectives and improved European transparency.
added
The Open Skies Treaty provides signatories with the ability to gather information through aerial imaging on military forces and activities of concern to them which contributes to greater transparency and stability in the Euro-Atlantic region, which benefits both the United States and United States allies and partners.
added
In order to maximize United States benefits from the Open Skies Treaty, the United States needs to recapitalize and modernize its aircraft and sensors, and the ongoing work to certify the Digital Visual Imaging System and the new effort for the Open Skies Treaty Aircraft Recapitalization (OSTAR) are critical to United States leadership and involvement in the Treaty.
added
The current 1960s-era United States aircraft used with respect to the Open Skies Treaty are ill-suited to extreme operating environments in Russia and experience regular, unplanned maintenance issues, often resulting in mission delays or cancellations.
added
The OSTAR effort will provide a United States aircraft capability that allows the United States to fully implement the goals and objectives of the Open Skies Treaty.
added
The United States also demonstrated in December 2018, along with United States allies of Canada, the United Kingdom, France, Germany, and Romania, that Open Skies Treaty mechanisms can be used during times of crisis.
added
Following Russia’s unprovoked attack on Ukrainian vessels near the Kerch Strait, the United States and United States allies conducted an “extraordinary” Open Skies Treaty observation mission over Ukraine to reaffirm commitment to Ukraine.
added
Sense of Congress— It is the sense of Congress that—
added
the United States should forcefully address Russian violations of its obligations under the Open Skies Treaty; and
added
due to the significant benefits that observation missions under the Open Skies Treaty provide to the United States and United States allies, the United States should commit to continued participation in the Treaty.
added
Prohibition—
added
In general— Except as provided in paragraph (2), none of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2020 may be obligated or expended to take any action to suspend, terminate, or withdraw the United States from the Open Skies Treaty.
added
Exception— The prohibition in paragraph (1) shall not apply if the Secretary of Defense and the Secretary of State jointly determine and certify to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate, that—
added
Russia is in material breach of its obligations under the Open Skies Treaty and is not taking steps to return to compliance with such obligations, and all other state parties to the Open Skies Treaty concur in such determination of the Secretaries; or
added
withdrawing from the Open Skies Treaty would be in the best interests of United States national security and the other state parties to the Open Skies Treaty have been consulted with respect to such withdrawal.
added
Repeal of limitation on use of funds to vote to approve or otherwise adopt any implementing decision of the Open Skies Consultative Commission and modifications to report—
added
In general— Section 1236 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2491) is amended—
added
by striking subsections (a) and (b); and
added
by redesignating subsections (c), (d), (e), and (f) as subsections (a), (b), (c), and (d), respectively.
added
Modifications to report— Subsection (a) of such section, as so redesignated, is amended—
added
in the heading, by striking “Quarterly” and inserting “Bi-annual”;
added
in paragraph (1)—
added
by inserting “the Secretary of State,” before “the Secretary of Energy”;
added
by striking “quarterly basis” and inserting “bi-annual basis”;
added
by striking “by the Russian Federation over the United States” and inserting “by all parties to the Open Skies Treaty, including the United States, under the Treaty”; and
added
by striking “calendar quarter” and inserting “preceding 6-month period”; and
added
in paragraph (2), by striking subparagraphs (B), (C), and (D) and inserting the following:
added “(B) In the case of an observation flight by the United States, including an observation flight over the territory of Russia—
added “(i) an analysis of data collected that supports United States intelligence and military collection goals; and
added “(ii) an assessment of data collected regarding military activity that could not be collected through other means.
added “(C) In the case of an observation flight over the territory of the United States—
added “(i) an analysis of whether and the extent to which any United States critical infrastructure was the subject of image capture activities of such observation flight;
added “(ii) an estimate for the mitigation costs imposed on the Department of Defense or other United States Government agencies by such observation flight; and
added “(iii) assessment of how such information is used by party conducting the observation flight, for what purpose, and how the information fits into the overall collection posture.”
added
Form— Subsection (c) of such section, as so redesignated, is amended by striking “certification, report, and notice” and inserting “report”.
added
Definitions— Subsection (d) of such section, as so redesignated, is amended—
added
by striking paragraphs (3) and (6); and
added
by redesignating paragraphs (4), (5), and (7) as paragraphs (3), (4), and (5), respectively.
added
Open skies: implementation plan— Section 1235(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1660) is amended—
added
in paragraph (1)—
added
by striking “during such fiscal year” and inserting “during a calendar year”; and
added
by striking “the President submits” and all that follows and inserting “the Secretary of Defense provides to the appropriate congressional committees a briefing on a plan described in paragraph (2) with respect to such calendar year.”;
added
in paragraph (2), by striking “such fiscal year” and inserting “such calendar year”; and
added
in paragraph (3), by striking “a fiscal year and submit the updated plan” and inserting “a calendar year and provide a briefing on the updated plan”.
added
Definition of Open Skies Treaty; Treaty— In this section, the term “Open Skies Treaty” or “Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.
Sec. 1232 Extension of limitation on military cooperation between the United States and Russia
addedadded Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), is amended by striking “or 2019” and inserting “, 2019, or 2020”.
Sec. 1233 Prohibition on availability of funds relating to sovereignty of Russia over Crimea
added
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of Russia over Crimea.
added
Waiver— The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary—
added
determines that to do so is in the national security interest of the United States; and
added
submits a notification of the waiver, at the time the waiver is invoked, to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Sec. 1234 Modification and extension of Ukraine Security Assistance Initiative
addedadded Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
added
in subsection (a), by striking “in coordination with the Secretary of State” and inserting “with the concurrence of the Secretary of State”;
added
in subsection (c)—
added
in paragraph (1), by striking “50 percent of the funds available for fiscal year 2019 pursuant to subsection (f)(4)” and inserting “50 percent of the funds available for fiscal year 2020 pursuant to subsection (f)(5)”; and
added
in paragraph (3), by striking “fiscal year 2019” and inserting “fiscal year 2020”; and
added
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
added
in subsection (f), by adding at the end the following:
added “(5) For fiscal year 2020, $250,000,000.”
Sec. 1235 Report on treaties relating to nuclear arms control
added
added
Findings— Congress finds the following:
added
On October 24, 2018, the House Committee on Armed Services and House Committee on Foreign Affairs wrote to the Secretary of Defense requesting information regarding the Administration’s policies and strategies related to nuclear arms control.
added
The Committees did not receive the requested information from the Secretary of Defense.
added
Assessment required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate an assessment that includes each of the following:
added
The implications, in terms of military threat to the United States or its allies in Europe, of Russian deployment of intermediate-range cruise and ballistic missiles without restriction.
added
What new capabilities the United States might need in order to pursue additional technologies or programs to offset such Russian capabilities, and the costs associated with such capabilities, technologies, and programs.
added
An assessment of the threat to the United States of Russia’s strategic nuclear force in the event the New START Treaty lapses.
added
What measures could have been taken short of withdrawal, including economic, military, and diplomatic options, to increase pressure on Russia for violating the INF Treaty.
added
The status of all consultations with allies pertaining to the INF Treaty and the threat posed by Russian forces that are noncompliant with the obligations of such treaty.
added
The impact that Russian withdrawal from the INF Treaty and the expiration of the New START Treaty could have on long-term United States-Russia strategic stability.
added
Withholding of funds— Until the date of the submission of the assessment required by subsection (b), an amount that is equal to 20 percent of the total amount authorized to be appropriated to the Office of the Secretary of Defense under the Operations and Maintenance, Defense-Wide account for the travel of persons shall be withheld from obligation or expenditure.
added
Definitions— In this section:
added
New START Treaty— The term “New START Treaty” means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011.
added
INF Treaty— The term “INF Treaty” means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988.
Sec. 1236 Sense of Congress on updating and modernizing existing agreements to avert miscalculation between the United States and Russia
addedadded It is the sense of Congress that, in order to strengthen the defense of United States and its allies and partners in Europe and avert the risk of miscalculation and unintended escalation that could lead to a broader and dangerous military catastrophe, the Secretary of Defense and Secretary of State, in consultation with the commander of United States European Command and Assistant Secretary of State for European and Eurasian Affairs, should—
added
pursue updating and modernizing the Agreement on the prevention of incidents on and over the high seas (entered into force with respect to the United States on May 25, 1972; 23 U.S.T. 1063);
added
explore additional options to reduce the risk of accidents in the air; and
added
explore the possibility of updating the notifications in the Vienna Document of the Organization for Security and Cooperation in Europe with a view to reducing the risk that the United States, the North Atlantic Treaty Organization, or Russia might misinterpret a military exercise, including pursuing greater use of the Vienna Document’s provision that provides for voluntary hosting of visits that seek to dispel possible concern regarding military activities.
Sec. 1237 Sense of Congress on support for Georgia
added
added
Findings— Congress finds the following:
added
Georgia is a valued friend of the United States and has repeatedly demonstrated its commitment to advancing the mutual interests of both countries, including the deployment of Georgian forces as part of the former International Security Assistance Force (ISAF) and the current Resolute Support Mission led by the North Atlantic Treaty Organization (NATO) in Afghanistan and the Multi-National Force in Iraq.
added
The European Deterrence Initiative builds the partnership capacity of Georgia so it can work more closely with the United States and NATO, as well as provide for its own defense.
added
In addition to the European Deterrence Initiative, Georgia’s participation in the NATO initiative Partnership for Peace is paramount to interoperability with the United States and NATO, and establishing a more peaceful environment in the region.
added
Despite the losses suffered, as a NATO partner, Georgia is committed to the Resolute Support Mission in Afghanistan with the fourth-largest contingent on the ground.
added
Sense of Congress— Congress—
added
reaffirms United States support for Georgia’s sovereignty and territorial integrity within its internationally-recognized borders, and does not recognize the independence of the Abkhazia and South Ossetia regions currently occupied by the Russian Federation; and
added
supports continued cooperation between the United States and Georgia and the efforts of the Government of Georgia to provide for the defense of its people and sovereign territory.
Sec. 1238 Sense of Congress on support for Estonia, Latvia, and Lithuania
added
added
Findings— Congress finds the following:
added
The Baltic countries of Estonia, Latvia, and Lithuania are highly valued allies of the United States, and they have repeatedly demonstrated their commitment to advancing our mutual interests as well as those of the NATO Alliance.
added
Operation Atlantic Resolve is a series of exercises and coordinating efforts demonstrating the United States’ commitment to its European partners and allies, including the Baltic countries of Estonia, Latvia, and Lithuania, with the shared goal of peace and stability in the region. Operation Atlantic Resolve strengthens communication and understanding, and is an important effort to deter Russian aggression in the region.
added
Through Operation Atlantic Resolve, the European Deterrence Initiative undertakes exercises, training, and rotational presence necessary to reassure and integrate our allies, including the Baltic countries, into a common defense framework.
added
All three Baltic countries contributed to the NATO-led International Security Assistance Force in Afghanistan, sending troops and operating with few caveats. The Baltic countries continue to commit resources and troops to the Resolute Support Mission in Afghanistan.
added
Sense of Congress— Congress—
added
reaffirms its support for the principle of collective defense in Article 5 of the North Atlantic Treaty for our NATO allies, including Estonia, Latvia, and Lithuania;
added
supports the sovereignty, independence, territorial integrity, and inviolability of Estonia, Latvia, and Lithuania as well as their internationally recognized borders, and expresses concerns over increasingly aggressive military maneuvering by the Russian Federation near their borders and airspace;
added
expresses concern over and condemns subversive and destabilizing activities by the Russian Federation within the Baltic countries; and
added
encourages the Administration to further enhance defense cooperation efforts with Estonia, Latvia, and Lithuania and supports the efforts of their Governments to provide for the defense of their people and sovereign territory.
Sec. 1241 Modification of Indo-Pacific Maritime Security Initiative
added
added
Types of assistance and training— Subsection (c)(2)(A) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2282 note) is amended by inserting “the law of armed conflict, the rule of law, and” after “respect for”.
added
Notice to Congress on assistance and training— Subsection (g)(1) of such section is amended—
added
in subparagraph (A), by inserting at the end before the period the following: “, the specific unit or units whose capacity to engage in activities under a program of assistance or training to be provided under subsection (a) will be built under the program, and the amount, type, and purpose of the support to be provided”;
added
by redesignating subparagraph (F) as subparagraph (J); and
added
by inserting after subparagraph (E) the following new subparagraphs:
added “(F) Information, including the amount, type, and purpose, on assistance and training provided under subsection (a) during the three preceding fiscal years, if applicable.
added “(G) A description of the elements of the theater campaign plan of the geographic combatant command concerned and the interagency integrated country strategy that will be advanced by the assistance and training provided under subsection (a).
added “(H) A description of whether assistance and training provided under subsection (a) could be provided pursuant to—
added “(i) section 333 of title 10, United States Code, or other security cooperation authorities of the Department of Defense; or
added “(ii) security cooperation authorities of the Department of State.
added “(I) An identification of each such authority described in subparagraph (H).”
added
Annual monitoring reports— Such section is amended—
added
by redesignating subsection (h) as subsection (j); and
added
by inserting after subsection (g) the following new subsection:
added “(h) Annual monitoring reports
added “(1) In general—Not later than December 31, 2019, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth, for the preceding calendar year, the following:
added “(A) Information, by recipient foreign country, on the status of funds allocated for assistance and training provided under subsection (a), including funds allocated but not yet obligated or expended.
added “(B) Information, by recipient foreign country, on the delivery and use of assistance and training provided under subsection (a).
added “(C) Information, by recipient foreign country, on the timeliness of delivery of assistance and training provided under subsection (a) as compared to the timeliness of delivery of assistance and training previously provided to the foreign country under subsection (a).
added “(2) Appropriate committees of Congress defined—In this subsection, the term “appropriate committees of Congress” has the meaning given the term in subsection (g)(2).”
added
Limitations— Such section, as so amended, is further amended by inserting after subsection (h), as added by subsection (c)(2), the following:
added “(i) Limitations
added “(1) Assistance otherwise prohibited by law—The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance or training that is otherwise prohibited by any provision of law.
added “(2) Prohibition on assistance to units that have committed gross violations of human rights—The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of title 10, United States Code.
added “(3) Assessment, monitoring, and evaluation of programs and activities—The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code.”
added
Report—
added
In general— Not later than January 31, 2020, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report on the implementation of the Indo-Pacific Maritime Security Initiative under section 1263 of the National Defense Authorization Act for Fiscal Year 2016, as amended by this section.
added
Matters to be included— The report required by paragraph (1) shall include the following:
added
Objectives of the Initiative, including—
added
a discussion of United States security requirements that are satisfied or enhanced under the Initiative; and
added
an assessment of progress toward each such objective and the metrics used to assess such progress.
added
A discussion of how the Initiative relates to, complements, or overlaps with other United States security cooperation and security assistance authorities.
added
A description of the process and criteria by which the utilization of each such authority or authorities described in subparagraph (B) is determined.
added
An assessment, by recipient foreign country, of—
added
the country’s capabilities relating to maritime security and maritime domain awareness;
added
the country’s capability enhancement priorities, including how such priorities relate to the theater campaign strategy, country plan, and theater campaign plan relating to maritime security and maritime domain awareness;
added
A discussion, by recipient foreign country, of—
added
priority capabilities that the Department of Defense plans to enhance under the Initiative and priority capabilities the Department plans to enhance under separate United States security cooperation and security assistance authorities; and
added
the anticipated timeline for assistance and training for each such capability.
added
Information, by recipient foreign country, on the delivery and use of assistance and training provided under the Initiative.
added
Any other matters the Secretary of Defense determines should be included.
added
Form— The report required by paragraph (1) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.
added
Definition— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1242 Extension and modification of report on military and security developments involving North Korea
added
added
Extension— Subsection (a) of section 1236 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1641) is amended—
added
by striking “and November 1, 2017” and inserting “November 1, 2017, April 1, 2020, and April 1, 2021”; and
added
by inserting “(without any designation relating to dissemination control)” after “unclassified”.
added
Additional matters to be included— Subsection (b) of such section is amended—
added
by redesignating paragraph (8) as paragraph (9); and
added
by inserting after paragraph (7) the following new paragraph:
added “(8) Developments in North Korea’s nuclear program, including the size and state of North Korea’s stockpile of nuclear weapons, its nuclear strategy and associated doctrines, its civil and military production capacities, and projections of its future arsenals.”
Sec. 1243 Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea
addedadded None of the funds authorized to be appropriated by this Act may be used to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea below 28,500 unless the Secretary of Defense first certifies to the congressional defense committees the following:
added
Such a reduction is in the national security interest of the United States and will not significantly undermine the security of United States allies in the region.
added
The Secretary has appropriately consulted with allies of the United States, including South Korea and Japan, regarding such a reduction.
Sec. 1244 Report on direct, indirect, and burden-sharing contributions of Japan and South Korea
added
added
In general— Not later than March 1, 2020, and March 1, 2021, the Secretary of Defense shall submit to the appropriate congressional committees a report on the direct, indirect, and burden-sharing contributions of Japan and South Korea to support overseas military installations of the United States and United States Armed Forces deployed to or permanently stationed in Japan and South Korea, respectively.
added
Elements— The report required by subsection (a) shall include the following:
added
The benefits to United States national security and regional security derived from the forward presence of United States Armed Forces in the Indo-Pacific region, including Japan and South Korea.
added
For calendar year 2016 and each subsequent calendar year, a description of the one-time and recurring costs associated with the presence of United States Armed Forces in Japan and South Korea, including—
added
costs to relocate the Armed Forces within Japan and South Korea and to realign the Armed Forces from Japan and South Korea;
added
military personnel costs;
added
operation and maintenance costs; and
added
military construction costs.
added
A description of direct, indirect, and burden-sharing contributions of Japan and South Korea, including—
added
contributions for labor costs associated with the presence of United States Armed Forces;
added
contributions to military construction projects of the Department of Defense, including planning, design, environmental reviews, construction, construction management costs, rents on privately-owned land, facilities, labor, utilities, and vicinity improvements;
added
contributions such as loan guarantees on public-private venture housing and payment-in-kind for facilities returned to Japan and South Korea;
added
contributions accepted for labor, logistics, utilities, facilities, and any other purpose; and
added
other contributions as determined appropriate by the Secretary.
added
The methodology and accounting procedures used to measure and track direct, indirect, and burden-sharing contributions made by Japan and South Korea.
added
Description of contributions in United States dollars— The report required by subsection (a) shall describe the direct, indirect, and burden-sharing contributions of Japan and South Korea in United States dollars and shall specify the exchange rates used to determine the United States dollar value of such contributions.
added
Form— The report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1245 Report on strategy on the Philippines
added
added
Strategy required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report describing the Department of Defense’s objectives and strategy for achieving such objectives with the Philippines.
added
Elements of strategy— The strategy required by subsection (b) shall include the following:
added
A description of the national security interests and objectives of the United States furthered by the Mutual Defense Treaty between the Republic of the Philippines and the United States of America.
added
A description of the regional security environment, including an assessment of threats to United States national security interests and the role of the Department of Defense in addressing such threats, including—
added
a description of security challenges detrimental to regional peace and global stability;
added
a description of violent extremist organizations present in the Philippines and the primary objectives of each such organization, including—
added
an assessment of the size and capability of each such organization;
added
an assessment of the transnational threat posed by each such organization;
added
an assessment of recent trends in the capability and influence of each such organization; and
added
a description of the metrics used to assess the capability and influence of each such organization.
added
A description of Department of Defense objectives with respect to the Philippines and the benchmarks for assessing progress towards such objectives.
added
An identification of all current and planned Department of Defense resources, programs, and activities to support the strategy, including a review of the necessity of an ongoing named operation and the criteria used to determine such necessity.
added
An identification of all current and planned Department of Defense security cooperation and other support or assistance programs or activities in the Philippines, including—
added
a description of the purpose, objectives, and type of training, equipment, or assistance provided under each such program or activity;
added
an identification of the lead agency responsible for each such program or activity;
added
an identification of the authority or authorities under which each such program or activity is conducted;
added
a description of the process and criteria used to determine utilization between each such authority or authorities;
added
a description of how each such program or activity advances United States national security interests as it relates to the Department’s strategy on the Philippines;
added
an identification of the specific units of the Philippine national security forces to receive training, equipment, or assistance under each such program;
added
a description of the process and criteria by which specific units of the Philippine national security forces are selected as recipients of such programs and activities;
added
an assessment of the current operational effectiveness of such units and their command and control structures and a description of the metrics used to make and carry out such assessment;
added
an identification of priority capabilities of such units to enhance through training, equipment, or assistance under each such program or activity;
added
a plan to monitor and assess each such program or activity to meet its objectives to enhance the capabilities of each such unit;
added
a description of the planned posture of United States Armed Forces and the planned level of engagement by such forces with elements of the Philippine national security forces; and
added
an identification of—
added
units of the Philippine national security forces that are alleged or determined to have committed human rights abuses; and
added
units of the Philippine national security forces that are under the command and control of any unit identified under clause (i) or otherwise associated with any such unit.
added
A description of relations of the Philippines with other countries in the Indo-Pacific region.
added
Any other matters the Secretary of Defense determines should be included.
added
Form— The strategy required by subsection (b) shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1246 Modification of annual report on military and security developments involving the People’s Republic of China
added
added
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”.
added
Matters to be included— Subsection (b) of such section is amended by striking paragraph (26) and inserting the following:
added “(26) An assessment of Chinese overseas investment, including a state-owned or controlled digital or physical infrastructure project of China, and their relationship to Chinese security and military objectives, including implications for United States military or government interests related to denial of access, compromised intelligence activities, and network advantages.”
added
Specified congressional committees— Subsection (c) of such section is amended—
added
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
added
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”.
added
Other definitions— Such section, as so amended, is further amended—
added
by redesignating subsection (d) as subsection (e); and
added
by inserting after subsection (c) the following:
added “(d) Other definitions
added “(1) In general—In subsection (b)(26), the term “state-owned or controlled digital or physical infrastructure project of China” means a transportation, energy, or information technology infrastructure project owned, controlled, under the direct or indirect influence of, or subsidized by the Government of China, including any agency, instrumentality, subdivision, or other unit of government at any level of jurisdiction.
added “(2) Owned; controlled—In paragraph (1)—
added “(A) the term “owned”, with respect to a project, means a majority or controlling interest, whether by value or voting interest, in that project, including through fiduciaries, agents, or other means; and
added “(B) the term “controlled”, with respect to a project, means—
added “(i) the power by any means to determine or influence, directly or indirectly, important matters affecting the project, regardless of the level of ownership and whether or not that power is exercised; and
added “(ii) any Chinese company operating in a sector identified as a strategic industry in the Chinese Government’s “Made in China 2025” strategy to make China a “manufacturing power” as a core national interest.”
Sec. 1247 Modification of annual report on military and security developments involving the People’s Republic of China
added
added
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”.
added
Matters to be included— Subsection (b) of such section is amended by adding at the end the following:
added “(29) Developments relating to the China Coast Guard (in this paragraph referred to as the “CCG”), including an assessment of—
added “(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;
added “(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
added “(C) how the change in the CCG’s command structure may affect interactions between the CCG and the United States Navy.”
added
Specified congressional committees— Subsection (c) of such section is amended—
added
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
added
in paragraph (2), by striking “and the Committee on International Relations” and inserting “, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence”.
Sec. 1248 Sense of Congress on Taiwan
addedadded It is the sense of Congress that—
added
the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;
added
the United States should continue to strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including capabilities in support of an asymmetric defense strategy;
added
the United States should continue to support the acquisition by Taiwan of appropriate defensive weapons through foreign military sales, direct commercial sales, and industrial cooperation, with a particular emphasis on asymmetric warfare, information sharing, air defense, and maritime capabilities, consistent with the Taiwan Relations Act;
added
the United States should improve the predictability of arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and defense services as well as timely notification to Congress and adherence to congressional oversight and review procedures; and
added
the Secretary of Defense, in consultation with the Secretary of State, should promote policies concerning cooperation and exchanges that enhance the security of Taiwan, including exchanges between senior defense officials and general officers of the United States and Taiwan consistent with the Taiwan Travel Act (Public Law 115–135).
Sec. 1249 Enhancing defense cooperation with Singapore
addedadded It is the sense of Congress that—
added
the United States Armed Forces and Singaporean armed forces have built a strong and enduring security partnership based on long-standing and mutually beneficial cooperation;
added
security cooperation between the United States Armed Forces and Singaporean armed forces is crucial to promoting peace and stability in the Asia-Pacific region;
added
Singapore’s status as a major security cooperation partner of the United States, as recognized in the “2005 Strategic Framework Agreement between the United States and the Republic of Singapore for a Closer Partnership in Defense and Security”, has an important role in the promotion of peace and stability, and global efforts to counter terrorism;
added
Singapore’s provision of access to its military facilities for the United States has supported the continued security presence of the United States in Southeast Asia;
added
the Singaporean armed forces’ support of United States-led multinational reconstruction efforts in Iraq from 2003 to 2008, reconstruction and stabilization efforts in Afghanistan from 2007 to 2013, counter-piracy operations in the Gulf of Aden under the ambit of Combined Task Force 151, and contribution of physical and military assets to the Defeat-ISIS Coalition since 2014, has contributed to global efforts to counter terrorism;
added
in recognition of the enduring security partnership between the United States and Singapore, the Secretary of State, in consultation with the Secretary of Defense, should, in negotiating the renewal of the “1990 Memorandum of Understanding Regarding the United States Use of Facilities in Singapore” that is due in 2020:
added
reinforce Singapore’s status as a major security cooperation partner of the United States;
added
enhance defense cooperation; and
added
increase interoperability between the United States Armed Forces and Singaporean armed forces to promote peace and stability in the Asia-Pacific region.
Sec. 1251 Extension and modification of NATO Special Operations Headquarters
added
added
Authorization— Subsection (a) of section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2541) is amended by striking “2020” and inserting “2023”.
added
Repeal of certification; limitation— Such section is amended—
added
by striking subsection (c); and
added
by inserting after subsection (b) the following new subsection:
added “(c) Limitation—Of the amounts made available under subsection (a) for fiscal year 2020, not more than 90 percent of such amounts may be obligated or expended until the Secretary of Defense, acting through the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, submits to the congressional defense committees a report on the rearrangement of responsibilities for overseeing and supporting NSHQ from U.S. Special Operations Command to U.S. European Command in 2019, including—
added “(1) a justification and description of the impact of such rearrangement; and
added “(2) a description of how such rearrangement will strengthen the role of the NSHQ in fostering special operations capabilities within NATO.”
added
Annual report— Such section, as so amended, is further amended by adding at the end the following new subsection:
added “(d) Annual report—Not later than March 1 of each year until 2024, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report regarding support for the NSHQ. Each report shall include the following:
added “(1) The total amount of funding provided by the United States and other NATO nations to the NSHQ for operating costs of the NSHQ.
added “(2) A description of the activities carried out with such funding, including—
added “(A) the amount of funding allocated for each such activity;
added “(B) the extent to which other NATO nations participate in each such activity;
added “(C) the extent to which each such activity is carried out in coordination or cooperation with the Joint Special Operations University;
added “(D) the extent to which each such activity is carried out in relation to other security cooperation activities, exercises, or operations of the Department of Defense;
added “(E) the extent to which each such activity is designed to meet the purposes set forth in paragraphs (1) through (5) of subsection (b); and
added “(F) an assessment of the extent to which each such activity will promote the mission of the NSHQ.
added “(3) Other contributions, financial or in kind, provided by the United States and other NATO nations in support of the NSHQ.
added “(4) Any other matters that the Secretary of Defense considers appropriate.”
Sec. 1252 Modification and extension of future years plan and planning transparency for the European Deterrence Initiative
added
added
Plan required— Section 1273(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1696) is amended—
added
in paragraph (1), by striking “the date of the enactment of this Act” and inserting “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, and annually thereafter”; and
added
in paragraph (2) to read as follows:
added “(2) Applicability—The initial plan shall apply with respect to fiscal year 2021 and at least the four succeeding fiscal years and each subsequent plan shall apply with respect to the next subsequent fiscal year and at least the four succeeding fiscal years.”
added
Budget display information— The Secretary of Defense shall include in the materials submitted to Congress by the Secretary in support of the budget of the President for fiscal year 2021 and each fiscal year thereafter (as submitted under section 1105 of title 31, United States Code), a detailed budget display for the European Deterrence Initiative that includes the following information (regardless of whether the funding line is for overseas contingency operations):
added
With respect to procurement accounts—
added
amounts displayed by account, budget activity, line number, line item, and line item title; and
added
a description of the requirements for each such amounts specific to the Initiative.
added
With respect to research, development, test, and evaluation accounts—
added
amounts displayed by account, budget activity, line number, program element, and program element title; and
added
a description of the requirements for each such amounts specific to the Initiative.
added
With respect to operation and maintenance accounts—
added
amounts displayed by account title, budget activity title, line number, and subactivity group title; and
added
a description of how such amounts will specifically be used.
added
With respect to military personnel accounts—
added
amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
added
a description of the requirements for each such amounts specific to the Initiative.
added
With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount by fiscal year.
Sec. 1253 Protection of European Deterrence Initiative funds from diversion for other purposes
added
added
Report on obligation of funds—
added
In general— Not later than 15 days after any obligation of funds in an amount of $10,000,000 or more for the European Deterrence Initiative for fiscal year 2020 and each fiscal year thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on that obligation of such funds for that fiscal year.
added
Matters to be included— Each report under paragraph (1) shall specify—
added
the activities and forms of assistance for which the Secretary obligated such funds; and
added
the amount of the obligation.
added
End of fiscal year report— Not later than November 30, 2020, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that contains—
added
a detailed summary of funds obligated for the European Deterrence Initiative for the preceding fiscal year; and
added
a detailed comparison of funds obligated for the European Deterrence Initiative for the preceding fiscal year to amounts requested for the Initiative for that fiscal year in the materials submitted to Congress by the Secretary in support of the budget of the President for that fiscal year as required by section 1252(b), including with respect to each of the accounts described in paragraphs (1), (2), (3), (4), and (5) of section 1252(b) and the information required under each such paragraph.
Sec. 1254 Statement of policy on United States military investment in Europe
addedadded It is the policy of the United States to develop, implement, and sustain a credible deterrent against aggression and long-term strategic competition by the Government of Russia in order to enhance regional and global security and stability, including by the following:
added
Increased United States presence in Europe, including additional permanently stationed forces, continued rotational deployments, increased pre-positioned military equipment, and sufficient and necessary infrastructure additions and improvements throughout Europe.
added
Planning regarding the United States military footprint in Europe to recognize the essential role played by United States allies and partners in establishing deterrence and advancing regional and global security and stability.
added
Commitment to the North Atlantic Treaty Organization (NATO) and its founding values and commitments by NATO allies to the common defense, including NATO goals regarding defense investments, and to NATO’s founding principles of democracy, individual liberty, and the rule of law.
added
Planning to ensure the United States military footprint in Europe is holistic and geographically appropriate for a comprehensive response to the challenges posed by the Government of Russia across numerous European fronts.
added
Commitment to United States Government investment and prioritization of efforts in Europe, particularly through efforts led by the Department of State, to counter the Government of Russia’s global campaign to interfere in and undermine democratic systems of government, elections, values, and institutions, and disrupt United States alliances and partnerships, through indirect action (such as information operations intended to influence), including robust information sharing and cooperation with partners and allies to counter influence campaigns and sufficient cyber, counter-messaging, and intelligence resources.
added
Planning to take into account the importance of strategic stability, arms control, and strategic dialogue as they contribute to United States national security, collective defense, and regional and global security.
added
Encouraging increased communication by NATO officials, to raise awareness of the Alliance’s mission, efforts, and concerns achieved by actively engaging with Congress and the executive branch.
Sec. 1255 Limitation on transfer of F–35 aircraft to Turkey
added
added
Limitation— Except as provided in subsection (b), no funds authorized to be appropriated or otherwise made available to the Department of Defense for fiscal year 2020 may be obligated or expended—
added
to transfer, facilitate the transfer, or authorize the transfer of, any F–35 aircraft or related support equipment or parts to Turkey;
added
to transfer intellectual property, technical data, or material support necessary for or related to any maintenance or support of the F–35 aircraft necessary to establish Turkey’s indigenous F–35 capability; or
added
to construct a storage facility for, or otherwise facilitate the storage in Turkey of, any F–35 aircraft transferred to Turkey.
added
Exception— The Secretary of Defense, jointly with the Secretary of State, may waive the limitation under subsection (a) only if such Secretaries submit to the appropriate congressional committees a written certification that contains a determination of such Secretaries, and any relevant documentation that forms the basis for the determination, that—
added
the Government of Turkey has provided credible assurances that Turkey will not accept delivery of the S–400 air and missile defense system from Russia; or
added
if the Government of Turkey has previously accepted delivery of the S–400 air and missile defense system from the Russia, the Government of Turkey—
added
no longer possesses the S–400 air and missile defense system or any other equipment, materials, or personnel associated with such system; and
added
has provided credible assurances that it will not in the future accept delivery of the S–400 air and missile defense system.
added
Applicability— The limitation under subsection (a) does not apply with respect to F–35 aircraft operated by the United States Armed Forces.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Transfer— The term “transfer” includes, with respect to an F–35 aircraft, the physical relocation of the F–35 aircraft outside of the United States.
Sec. 1256 Report on value of investments in dual use infrastructure projects by NATO member states
added
added
In general— Not later than June 1, 2020, the Secretary of Defense, jointly with the Secretary of State, shall submit to the appropriate congressional committees a report on the value of investments in dual use infrastructure projects by the member states of the North Atlantic Treaty Organization (NATO) in order to improve military mobility and interoperability across Europe.
added
Elements— The report required by subsection (a) shall include the following:
added
The value to collective deterrence provided by investments in dual use infrastructure projects by the member states of NATO in order to meet the military mobility goals set out at the 2018 NATO Summit in Brussels.
added
An assessment of proposed dual use infrastructure projects for NATO.
added
A assessment of proposed of dual use infrastructure projects with respect to which the United States can provide support, including a recommended prioritization of such projects.
added
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Dual use infrastructure projects— The term “dual use infrastructure projects” means those projects identified by the European Commission Action Plan on Military Mobility as necessary to improve the trans-European transport network (TEN-T) to meet the military requirements for military mobility within and beyond the European Union.
Sec. 1257 Sense of Congress on support for Poland
added
added
Findings— Congress makes the following findings:
added
Poland has been a valued member of the North Atlantic Treaty Organization (NATO) since 1999 and an important ally of the United States, contributing to the collective defense of NATO allies and deterrence in Europe.
added
Poland has made significant contributions of forces to United States and NATO-led military operations in Afghanistan, Iraq, Kosovo, and countering the Islamic State in Iraq and Syria.
added
Poland contributed at least 2 percent of its gross domestic product to defense spending in 2018, meeting its commitment under the Wales Declaration.
added
Poland currently hosts on a rotational basis United States forces from the Armored Combat Brigade Team, a Combat Aviation Brigade, a NATO enhanced Forward Presence Battalion, and a U.S. Aegis Ashore missile defense site.
added
Sense of Congress— It is the sense of Congress that—
added
the United States reaffirms its support for the principle of collective defense in Article 5 of the North Atlantic Treaty for its NATO allies, including Poland;
added
the United States appreciates the important role that Poland plays in NATO efforts to sustain credible deterrence in Europe;
added
the United States supports continued defense cooperation and continued exploration of opportunities for joint military cooperation, infrastructure enhancement, and defense investment with Poland; and
added
the current and planned projects in Poland funded by the European Deterrence Initiative should be fully implemented in order to support existing and future United States military activity.
Sec. 1261 Sense of Congress on United States partners and allies
addedadded It is the sense of Congress that—
added
United States partners and allies are critical to achieving United States national security interests and defense objectives around the world;
added
strong military-to-military relationships with partners and allies have helped to solidify and undergird the post-World War II international order and enhanced the United States’ security through common defense; and
added
the United States should pursue a long-term policy to strengthen existing military-to-military relationships and cooperation with partners and allies to achieve mutual objectives, and build new relationships based on common values and shared interests.
Sec. 1262 Modification to report on legal and policy frameworks for the use of military force
addedadded Section 1264 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1689) is amended—
added
in the heading for subsection (a), by striking “Initial” and inserting “Annual”;
added
in subsection (a)(1), by striking “90 days after the date of the enactment of this Act” and inserting “March 1 of each year”; and
added
in subsection (a)(2), by striking “during the period” and all that follows to the end and inserting “from the preceding year.”.
Sec. 1263 Limitation on availability of certain funds until report submitted on Department of Defense awards and disciplinary action as a result of the 2017 incident in Niger
addedadded Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for Operation and Maintenance, Defense-Wide, Office of the Secretary of Defense, for Travel of Persons, not more than 80 percent of such funds may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees a report that contains a description of each award and disciplinary action issued, by rank, as a result of the AR 15-6 investigation findings relating to the incident in Niger in 2017. The report shall be submitted in a format that protects personally identifiable information and is consistent with national security.
Sec. 1264 Independent assessment of sufficiency of resources available to United States Southern Command and United States Africa Command
added
added
In general— The Secretary of Defense shall seek to enter into a contract with a not-for-profit entity or federally funded research and development center independent of the Department of Defense to conduct an assessment of the sufficiency of resources available to United States Southern Command and United States Africa Command to carry out their respective missions.
added
Matters to be included— The assessment described in subsection (a) shall include—
added
an assessment of the sufficiency of the resources available to United States Southern Command and United States Africa Command, including personnel, human resources, and financial resources, in promoting United States national security interests;
added
an assessment of the level of regional expertise and experience of the leadership of each such combatant command and their subordinate organizations, service components, and task forces, to include personnel from agencies other than the Department of Defense;
added
a description of the strategic objectives and end states in the geographic region for which each such combatant command has responsibility and a comparison of the importance and priority of the resources available to each such combatant command to perform its mission; and
added
an assessment of the ability of each such combatant command to carry out such strategic objectives and end states, including an assessment of resources available, forces available, and other interagency resources available to the combatant command.
added
Access to information— The not-for-profit entity or federally funded research and development center with which the Secretary enters into the contract under subsection (a) shall have full and direct access to all information related to resources available to United States Southern Command and United States Africa Command.
added
Report—
added
In general— Not later than 240 days after the date of the enactment of this Act, the not-for-profit entity or federally funded research and development center with which the Secretary of Defense enters into the contract under subsection (a) shall submit to the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development a report that contains the assessment required by subsection (a).
added
Submission to Congress— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees—
added
a copy of such report without change; and
added
any comments, changes, recommendations, or other information of the Secretary of Defense, the Secretary of State, and the Administrator of the United States Agency for International Development relating to the assessment required by subsection (a) and contained in such report.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1265 Rule of construction relating to use of military force
addedadded Nothing in this Act or any amendment made by this Act may be construed to authorize the use of military force.
Sec. 1266 Rule of construction relating to use of military force against Venezuela
addedadded Nothing in this Act or any amendment made by this Act may be construed to authorize the use of military force against Venezuela.
Sec. 1267 Sense of Congress on acquisition by Turkey of Patriot system
added
added
Findings— Congress finds the following:
added
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.
added
The acquisition of the Patriot system could remove the need to acquire the S-400 air and missile defense system from Russia, which is incompatible with the integrated air and missile defense system of the North Atlantic Treaty Organization (NATO) and should preclude Turkey’s participation in the F-35 Joint Strike Fighter (JSF) consortium program with the United States.
added
Sense of Congress— Congress—
added
supports the efforts of the United States Government to achieve a satisfactory arrangement with Turkey by which Turkey acquires the Patriot system to defend its airspace, which would preserve Turkey as a production partner in the F-35 JSF consortium program;
added
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
added
notes that any such deployment of the Patriot or a NATO interoperable system in the interim is contingent on Turkey’s commitment to cancel the S-400 air and missile defense system acquisition.
Sec. 1271 Findings
addedadded Congress finds the following:
added
Russia seeks to diminish the North Atlantic Treaty Organization (NATO) and recreate its sphere of influence in Europe using coercion, intimidation, and outright aggression.
added
Deterring Russia from such aggression is vital for transatlantic security.
added
The illegal occupation of Crimea by Russia and its continued engagement of destabilizing and subversive activities against independent and free states is of increasing concern.
added
Russia also continues to disregard treaties, international laws and rights to freedom of navigation, territorial integrity, and sovereign international borders.
added
Russia’s continued occupation of Georgian and Ukrainian territories and the sustained military buildup in Russia’s Western Military District and Kaliningrad has threatened continental peace and stability.
added
The Baltic countries of Estonia, Latvia, and Lithuania are particularly vulnerable to an increasingly aggressive and subversive Russia.
added
In a declaration to celebrate 100 years of independence of Estonia, Latvia, and Lithuania issued on April 3, 2018, the Trump Administration reaffirmed United States commitments to these Baltic countries to “improve military readiness and capabilities through sustained security assistance” and “explore new ideas and opportunities, including air defense, bilaterally and in NATO, to enhance deterrence across the region”.
added
These highly valued NATO allies of the United States have repeatedly demonstrated their commitment to advancing mutual interests as well as those of the NATO alliance.
added
The Baltic countries also continue to participate in United States-led exercises to further promote coordination, cooperation, and interoperability among allies and partner countries, and continue to demonstrate their reliability and commitment to provide for their own defense.
added
Lithuania, Latvia, and Estonia each hosts a respected NATO Center of Excellence that provides expertise to educate and promote NATO allies and partners in areas of vital interest to the alliance.
added
United States support and commitment to allies across Europe has been a lynchpin for peace and security on the continent for over 70 years.
Sec. 1272 Sense of Congress
addedadded It is the sense of Congress as follows:
added
The United States is committed to the security of the Baltic countries and should strengthen cooperation and support capacity-building initiatives aimed at improving the defense and security of such countries.
added
The United States should lead a multilateral effort to develop a strategy to deepen joint capabilities with Lithuania, Latvia, Estonia, NATO allies, and other regional partners, to deter against aggression from Russia in the Baltic region, specifically in areas that would strengthen interoperability, joint capabilities, and military readiness necessary for Baltic countries to strengthen their national resilience.
added
The United States should explore the feasibility of providing additional air and missile defense systems in the Baltic region, including through leveraging cost-sharing mechanisms and multilateral deployment with NATO allies to reduce financial burdens on host countries.
Sec. 1273 Defense assessment
added
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly conduct a comprehensive, multilateral assessment of the military requirements of such countries to deter and resist aggression by Russia that—
added
provides an assessment of past and current initiatives to improve the efficiency, effectiveness, readiness and interoperability of Lithuania, Latvia, and Estonia’s national defense capabilities; and
added
assesses the manner in which to meet those objectives, including future resource requirements and recommendations, by undertaking activities in the following areas:
added
Activities to increase the rotational and forward presence, improve the capabilities, and enhance the posture and response readiness of the United States or forces of NATO in the Baltic region.
added
Activities to improve air defense systems, including modern air-surveillance capabilities.
added
Activities to improve counter-unmanned aerial system capabilities.
added
Activities to improve command and control capabilities through increasing communications, technology, and intelligence capacity and coordination, including secure and hardened communications.
added
Activities to improve intelligence, surveillance, and reconnaissance capabilities.
added
Activities to enhance maritime domain awareness.
added
Activities to improve military and defense infrastructure, logistics, and access, particularly transport of military supplies and equipment.
added
Investments to ammunition stocks and storage.
added
Activities and training to enhance cyber security and electronic warfare capabilities.
added
Bilateral and multilateral training and exercises.
added
New and existing cost-sharing mechanisms with United States and NATO allies to reduce financial burden.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State jointly shall submit to the appropriate congressional committees a report, which shall be submitted in unclassified form but may include a classified annex, that includes each of the following:
added
A report on the findings of the assessment conducted pursuant to subsection (a).
added
A list of any recommendations resulting from such assessment.
added
An assessment of the resource requirements to achieve the objectives described in subsection (a)(1) with respect to the national defense capability of Baltic countries, including potential investments by host countries.
added
A plan for the United States to use appropriate security cooperation authorities or other authorities to—
added
facilitate relevant recommendations included in the list described in paragraph (2);
added
expand joint training between the Armed Forces and the military of Lithuania, Latvia, or Estonia, including with the participation of other NATO allies; and
added
support United States foreign military sales and other equipment transfers to Baltic countries especially for the activities described in subparagraphs (A) through (I) of subsection (a)(2).
Sec. 1274 Appropriate congressional committees defined
addedadded In this subtitle, the term appropriate congressional committees means—
added
the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate.
Sec. 1301 Funding allocations
addedadded Of the $338,700,000 authorized to be appropriated to the Department of Defense for fiscal year 2020 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
added
For strategic offensive arms elimination, $492,000.
added
For chemical weapons destruction, $12,856,000.
added
For global nuclear security, $33,919,000.
added
For cooperative biological engagement, $183,642,000.
added
For proliferation prevention, $79,869,000.
added
For activities designated as Other Assessments/Administrative Costs, $27,922,000.
Sec. 1302 Specification of cooperative threat reduction funds
addedadded Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2020, 2021, and 2022.
Sec. 1401 Working capital funds
changed
Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds funds, as specified in the amount of $1,426,211,000.funding table in section 4501.
Sec. 1402 Chemical agents and munitions destruction, defense
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
added
Use— Amounts authorized to be appropriated under subsection (a) are authorized for—
added
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
added
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Sec. 1403 Drug interdiction and counter-drug activities, defense-wide
added Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
removed
Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount of $985,499,000, of which—
removed
$107,351,000 is for Operation and Maintenance;
removed
$875,930,000 is for Research, Development, Test, and Evaluation; and
removed
$2,218,000 is for Procurement.
removed
Use— Amounts authorized to be appropriated under subsection (a) are authorized for—
removed
the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
removed
the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
Sec. 1404 Defense Inspector General
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the amount Office of $799,402,000.the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
Sec. 1405 Defense health program
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Office Defense Health Program for use of the Inspector General Armed Forces and other activities and agencies of the Department of Defense, in Defense for providing for the amount of $363,499,000, health of which—eligible beneficiaries, as specified in the funding table in section 4501.
removed
$360,201,000 is for Operation and Maintenance;
removed
$2,965,000 is for Research, Development, Test and Evaluation; and
removed
$333,000 is for Procurement.
Sec. 1406 National defense sealift fund
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the National Defense Health Program, Sealift Fund, as specified in the amount of $32,998,687,000, of which—funding tables in section 4501.
removed
$31,812,090,000 is for Operation and Maintenance;
removed
$732,273,000 is for Research, Development, Test, and Evaluation; and
removed
$454,324,000 is for Procurement.
Sec. 1411 Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs medical facility demonstration fund for Captain James A. Lovell Health Care Center, Illinois
added
added
Authority for transfer of funds— Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $127,500,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
added
Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
Sec. 1502 Procurement
changed
Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement accounts for the Army in amounts Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as follows:specified in the funding table in section 4102.
removed
For aircraft procurement, $381,541,000.
removed
For missile procurement, $4,645,755,000.
removed
For weapons and tracked combat vehicles, $353,454,000.
removed
For ammunition procurement, $2,843,230,000.
removed
For other procurement, $1,139,650,000.
Sec. 1503 Research, development, test, and evaluation
changed
Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Navy use of the Department of Defense for research, development, test, and Marine Corps in amounts evaluation, as follows:specified in the funding table in section 4202.
removed
For aircraft procurement, Navy, $119,045,000.
removed
For weapons procurement, Navy, $4,332,710,000.
removed
For ammunition procurement, Navy and Marine Corps, $1,186,128,000.
removed
For other procurement, Navy, $357,600,000.
removed
For procurement, Marine Corps, $20,589,000.
Sec. 1504 Operation and maintenance
changed
Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the Air Force funding table in amounts as follows:section 4302.
removed
For aircraft procurement, $309,110,000.
removed
For missile procurement, $201,671,000.
removed
For ammunition procurement, $2,607,394,000.
removed
For other procurement, $4,193,098,000.
Sec. 1505 Military personnel
changed
Funds are hereby authorized to be appropriated for fiscal year 2020 for the procurement account for Defense-wide use of the Armed Forces and other activities in and agencies of the amount Department of $452,047,000.Defense for expenses, not otherwise provided for, military personnel accounts, as specified in the funding table in section 4402.
Sec. 1506 Working capital funds
changed
Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for research, development, test, providing capital for working capital and evaluation revolving funds, as follows:specified in the funding table in section 4502.
removed
For the Army, $204,124,000.
removed
For the Navy, $164,410,000.
removed
For the Air Force, $450,248,000.
removed
For Defense-wide activities, $827,950,000.
Sec. 1507 Drug interdiction and counter-drug activities, defense-wide
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for the use of the Armed Forces for expenses, not otherwise provided for, for operation Drug Interdiction and maintenance, in amounts Counter-Drug Activities, Defense-wide, as follows:specified in the funding table in section 4502.
removed
For the Army, $37,987,549,000.
removed
For the Navy, $31,734,683,000.
removed
For the Marine Corps, $5,123,470,000.
removed
For the Air Force, $33,028,712,000.
removed
For Defense-wide activities, $8,448,612,000.
removed
For the Army Reserve, $1,986,599,000.
removed
For the Navy Reserve, $886,868,000.
removed
For the Marine Corps Reserve, $239,693,000.
removed
For the Air Force Reserve, $1,195,131,000.
removed
For the Army National Guard, $4,376,939,000.
removed
For the Air National Guard, $3,291,982,000.
removed
For the Afghanistan Security Forces Fund, $4,803,978,000.
removed
Counter-Islamic State of Iraq and Syria Train and Equip Fund, $1,045,000,000.
Sec. 1508 Defense Inspector General
changed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 to for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense for military personnel accounts Defense, as specified in the total amount of $4,485,808,000.funding table in section 4502.
Sec. 1509 Defense Health Program
changed
Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital fiscal year 2020 for expenses, not otherwise provided for, for the Defense Working Capital Funds Health Program, as specified in the amount of $20,100,000.funding table in section 4502.
Sec. 1510 Defense Health Program
removed
removed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Defense Health Program in the amount of $347,746,000 for operation and maintenance.
Sec. 1511 Treatment as additional authorizations
changed
Funds are hereby The amounts authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, by this title are in the amount of $163,596,000.addition to amounts otherwise authorized to be appropriated by this Act.
Sec. 1512 Special transfer authority
added
Authority To transfer authorizations—
added
Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2019 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
added
Limitation— The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $500,000,000.
added
Terms and conditions—
added
In general— Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.
added
Additional limitation on transfers for drug interdiction and counter drug activities— The authority provided by subsection (a) may not be used to transfer any amount to Drug Interdiction and Counter Drug Activities, Defense-wide.
added
Additional authority— The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
removed
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense in the amount of $24,254,000.
Sec. 1521 Afghanistan Security Forces Fund
added
added
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—
added
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
added
section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2577).
added
Equipment disposition—
added
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.
added
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.
added
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).
added
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.
added
Quarterly reports on equipment disposition—
added
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:
added
This subsection.
added
Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).
added
Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).
added
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).
added
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).
added
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).
added
Security of Afghan women—
added
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—
added
the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and
added
the recruitment, training, and contracting of female security personnel for future elections.
added
Types of programs and activities— Such programs and activities may include—
added
efforts to recruit and retain women into the Afghan National Defense and Security Forces, including the special operations forces;
added
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;
added
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;
added
efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;
added
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;
added
support for Afghanistan National Police Family Response Units; and
added
security provisions for high-profile female police and military officers.
added
Assessment of Afghanistan progress on objectives—
added
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—
added
the progress of the Government of the Islamic Republic of Afghanistan toward meeting shared security objectives; and
added
the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided under subsection (a).
added
Matters to be included— In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following:
added
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.
added
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.
added
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.
added
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.
added
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.
added
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.
added
A description of the monitoring and evaluation systems in place to ensure assistance provided under subsection (a) is used only for the intended purposes.
added
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.
added
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.
added
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.
added
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”).
added
Such other factors as the Secretaries consider appropriate.
added
Form— The assessment required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Withholding of assistance for insufficient progress—
added
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—
added
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
added
notify Congress not later than 30 days before withholding such funds.
added
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.
Sec. 1601 National Security Space Launch program
added
added
Sense of Congress— It is the sense of Congress that—
added
ensuring opportunities for future competition in the National Security Space Launch program of the Air Force will decrease the overall cost of the program and increase the likelihood of success with respect to the Department of Defense stopping the use of Russian-made RD–180 rocket engines, as required by section 1608 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2271 note); and
added
while Congress supports robust competition within the National Security Space Launch program, Congress recognizes the importance of providing a regular launch manifest and incentives for a robust industrial base to support national security requirements.
added
Phase two acquisition strategy— In carrying out the phase two acquisition strategy, the Secretary of the Air Force—
added
shall ensure, except as provided by subsection (c), that launch services are procured only from National Security Space Launch providers that are offerors using launch vehicles or families of launch vehicles that meet all of the requirements of the Air Force for the delivery of all required payloads to all reference orbits; and
added
may not substantially change the acquisition schedule or mission performance requirements.
added
Competitive procedures— If the Secretary of the Air Force awards phase two contracts for more than a total of 29 launches, the Secretary shall ensure that each such contract for any launch after the 29th launch is awarded using competitive procedures among all National Security Space Launch providers.
added
Funding for certification and infrastructure—
added
Authority— Pursuant to section 2371b of title 10, United States Code, the Secretary of the Air Force shall enter into an agreement described in paragraph (2) with either National Security Space Launch providers that have not entered into a phase two contract for launch services occurring before fiscal year 2022 or National Security Space Launch providers that have entered into a phase two contract but have not entered into a launch services agreement for such phase, or both.
added
Agreements— An agreement described in this paragraph is an agreement that provides a National Security Space Launch provider with not more than $500,000,000 for the provider to meet the certification and infrastructure requirements that are—
added
unique to national security space missions; and
added
necessary for a phase two contract, including such contracts described in subsection (c).
added
Down select notification— The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force, shall submit to the appropriate congressional committees written notification of the two National Security Space Launch providers selected during fiscal year 2020 by the Secretary of the Air Force to be awarded phase two contracts not later than 10 days before the Secretary publicly announces such selection. The notification shall include, at a minimum—
added
an identification of the selected providers;
added
the evaluation criteria used in the selection;
added
the total costs to the Air Force for such contracts; and
added
a risk assessment of the selected providers in meeting national security requirements.
added
Report— Not later than 45 days after the date on which the Secretary of the Air Force awards phase two contracts during fiscal year 2020, the Secretary shall submit to the appropriate congressional committees a report on—
added
the total defense investments made with respect to launch service agreements and engine development for each National Security Space Launch provider so awarded such phase two contracts; and
added
how such investments in launch service providers were accounted for in the evaluation of the offers for such phase two contracts.
added
Definitions— In this section:
added
The term appropriate congressional committees means—
added
the congressional defense committees; and
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
added
The term “phase two acquisition strategy” means the process by which the Secretary of the Air Force enters into phase two contracts and carries out launches under the National Security Space Launch program during fiscal years 2020 through 2024.
added
The term “phase two contract” means a contract for launch services under the National Security Space Launch program during fiscal years 2020 through 2024, as described in solicitation number FA8811–19–R–0002 of the Air Force.
Sec. 1602 Preparation to implement plan for use of allied launch vehicles
added
added
Preparation— The Secretary of Defense, in coordination with the Director of National Intelligence, shall take actions necessary to prepare to implement the plan developed pursuant to section 1603 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2584) regarding using allied launch vehicles to meet the requirements for achieving the policy relating to assured access to space set forth in section 2273 of title 10, United States Code.
added
Actions required— In carrying out subsection (a), the Secretary shall—
added
identify the satellites of the United States that would be appropriate to be launched on an allied launch vehicle;
added
assess the relevant provisions of Federal law, regulations, and policies governing the launch of national security satellites and determine whether any legislative, regulatory, or policy actions (including with respect to waivers) would be necessary to allow for the launch of a national security satellite on an allied launch vehicle; and
added
address any certification requirements necessary for such use of allied launch vehicles and the estimated cost, schedule, and actions necessary to certify allied launch vehicles for such use.
added
Submission to Congress— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on preparing to implement the plan described in subsection (a), including information regarding each action required by paragraphs (1), (2), and (3) of subsection (b).
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Sec. 1603 Annual determination on plan on full integration and exploitation of overhead persistent infrared capability
addedadded Section 1618(c) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2431 note) is amended by striking “for a fiscal year” and inserting “for each fiscal year preceding fiscal year 2029”.
Sec. 1604 Space-based environmental monitoring mission requirements
added
added
NRO—
added
Procurement— The Director of the National Reconnaissance Office shall procure a modernized pathfinder program free-flyer satellite that—
added
addresses space-based environmental monitoring mission requirements;
added
reduces the risk that the Department of Defense experiences a gap in meeting such requirements during the period beginning January 1, 2023, and ending December 31, 2025; and
added
is launched not later than January 1, 2023.
added
Plan— Not later than 60 days after the date of the enactment of this Act, the Director, in coordination with the Secretary of the Air Force, shall submit to the appropriate congressional committees a plan for the Director to procure and launch the satellite under paragraph (1), including with respect to—
added
the requirements for such satellite, including operational requirements;
added
timelines for such procurement and launch;
added
costs for such procurement and launch; and
added
the launch plan.
added
Procedures— The Director shall ensure that the satellite under paragraph (1) is procured using full and open competition through the use of competitive procedures.
added
Air Force— The Secretary of the Air Force shall ensure that the electro-optical/infrared weather system satellite—
added
meets space-based environmental monitoring mission requirements;
added
is procured using full and open competition through the use of competitive procedures; and
added
is launched not later than September 30, 2025.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the congressional defense committees; and
added
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
added
The term “space-based environmental monitoring mission requirements” means the national security requirements for cloud characterization and theater weather imagery.
Sec. 1605 Prototype program for multi-global navigation satellite system receiver development
added
added
Prototype Multi-GNSS program— The Secretary of Defense shall establish under the Space Development Agency a program to prototype an M-code based, multi-global navigation satellite system receiver that is capable of receiving covered signals to increase the resilience and capability of military position, navigation, and timing equipment against threats to the Global Positioning System and to deter the likelihood of attack on the worldwide Global Positioning System by reducing the benefits of such an attack.
added
Elements— In carrying out the program under subsection (a), the Secretary shall—
added
with respect to each covered signal that could be received by the prototype receiver under such program, conduct an assessment of the relative benefits and risks of using that signal, including with respect to any existing or needed monitoring infrastructure that would alert users of the Department of Defense of potentially corrupted signal information, and the cyber risks and challenges of incorporating such signals into a properly designed receiver;
added
ensure that monitoring systems are able to include any monitoring network of the United States or allies of the United States;
added
conduct an assessment of the benefits and risks, including with respect to the compatibility of non-United States global navigation satellite system signals with existing position, navigation, and timing equipment of the United States, and the extent to which the capability to receive such signals would impact current receiver or antenna design; and
added
conduct an assessment of the desirability of establishing such program in a manner that—
added
is a cooperative effort, coordinated with the Secretary of State, between the United States and the allies of the United States that may also have interest in funding a multi-global navigation satellite system and M-code program; and
added
the Secretary of Defense, in coordination with the Secretary of State, ensures that the United States has access to sufficient insight into trusted signals of allied systems to assure potential reliance by the United States on such signals.
added
Briefing— Not later than 90 days after the date of the enactment of this Act, the Director of the Space Development Agency, in coordination with the Air Force GPS User Equipment Program office, shall provide to the congressional defense committees a briefing on a plan to carry out the program under subsection (a) that includes—
added
the estimated cost, including total cost and out-year funding requirements;
added
the schedule for such program;
added
a plan for how the results of the program could be incorporated into future blocks of the Global Positioning System military user equipment program; and
added
the recommendations and analysis contained in the study sponsored by the Department of Defense conducted by the MITRE Corporation on the risks, benefits, and approaches to adding multi-global navigation satellite system capabilities to military user equipment.
added
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report containing—
added
an explanation of how the Secretary intends to comply with section 1609 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2110);
added
an outline of any potential cooperative efforts acting in accordance with the North Atlantic Treaty Organization, the European Union, or Japan that would support such compliance;
added
an assessment of the potential to host, or incorporate through software-defined payloads, Global Positioning System M-code functionality onto allied global navigation satellite system systems; and
added
an assessment of new or enhanced monitoring capabilities that would be needed to incorporate global navigation satellite system functionality into weapon systems of the Department.
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for increment 2 of the acquisition of military Global Positioning System user equipment terminals, not more than 75 percent may be obligated or expended until the date on which the briefing has been provided under subsection (c) and the report has been submitted under subsection (d).
added
Definitions— In this section:
added
The term allied systems means—
added
the Galileo system of the European Union;
added
the QZSS system of Japan; and
added
upon designation by the Secretary of Defense, in consultation with the Director of National Intelligence—
added
the NAVIC system of India; and
added
any similarly associated wide area augmentation systems.
added
The term “covered signals”—
added
means global navigation satellite system signals from—
added
allied systems; and
added
non-allied systems; and
added
includes both trusted signals and open signals.
added
The term “M-code” means, with respect to global navigation satellite system signals, military code that provides enhanced positioning, navigation, and timing capabilities and improved resistance to existing and emerging threats, such as jamming.
added
The term non-allied systems means—
added
the Russian GLONASS system; and
added
the Chinese Beidou system.
added
The term open signals means global navigation satellite system that do not include encryption or other internal methods to authenticate signal information.
added
The term trusted signals means global navigation satellite system signals that incorporate encryption or other internal methods to authenticate signal information.
Sec. 1606 Commercial space situational awareness capabilities
added
added
Findings— Congress finds the following:
added
The Secretary of the Air Force is responsible for developing the hardware and software systems to provide space situational awareness data to the Commander of the United States Strategic Command to meet warfighter requirements.
added
There have been significant delays and cost increases in the program of record that underpin space situational awareness.
added
The Secretary terminated the Joint Space Operations Center Mission Center and decided to operationally accept the Joint Space Operations Center Mission Center Increment 2 despite the fact that only three of 12 planned capabilities in Joint Space Operations Center Mission Center Increment 2 were accepted for use in operations.
added
Multiple commercial vendors have the current capability to detect, maintain custody of, and provide analytical products that can address the warfighter space situational awareness requirements that were not filled in the Joint Space Operations Center Mission Center and that have been impacted by significant delays in the program of record.
added
Procurement— Not later than 90 days after the date of the enactment of this Act, the Director of the Space Development Agency shall procure commercial space situational awareness services by awarding at least two contracts for such services.
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the enterprise space battle management command and control, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense, without delegation, certifies to the congressional committees that the Secretary has awarded the contracts under subsection (b).
added
Report— Not later than January 31, 2020, the Director of the Space Development Agency, in coordination with the Secretary of the Air Force, shall submit to the congressional defense committees a report on using commercial space situational awareness services to fill the space situational awareness requirements that were not filled in the Joint Space Operations Center Mission Center. The report shall include the following:
added
A description of current domestic commercial capabilities to detect and track space objects in low earth orbit below the 10 centimeter threshold of legacy systems.
added
A description of current domestic best-in-breed commercial capabilities that can meet such requirements.
added
Estimates of the timelines, milestones, and funding requirements to procure a near-term solution to meet such requirements until the development programs of the Air Force are projected to be operationally fielded.
added
Commercial space situational awareness services defined— In this section, the term “commercial space situational awareness services” means commercial space situational awareness processing software and data to address warfighter requirements and fill gaps in current space situational capabilities of the Air Force.
Sec. 1607 Independent study on plan for deterrence in space
added
added
Findings— Congress finds the following:
added
Threats to space systems of the United States have increased and continue to grow.
added
While the United States must invest in capabilities to defend such systems in the event of an attack in space, the United States must also identify and implement policies that will reduce the likelihood of such an attack.
added
The United States is developing new capabilities for enhancing resilience of such systems.
added
However, the proper balance between active defense, resilience, and the still lagging investment area of reconstitution to enhance deterrence remains unclear, as does the balance between classified and unclassified activities needed to create deterrence.
added
Independent analysis and assessment is necessary to identify steps to increase deterrence in space.
added
Independent study—
added
In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center or other independent entity to conduct a study on deterrence in space.
added
Matters included— The study under paragraph (1) shall include, at a minimum, the following:
added
An assessment of the existing range of major studies and writings on space deterrence and a comprehensive comparative analysis of the conclusions of such studies and writings.
added
An examination, using appropriate analytical tools, of the approaches proposed by such studies and writings with respect to creating conditions of deterrence suitable for use in the space domain, including, at a minimum, an assessment of all aspects of deterrence in space, including varying classification, strategies to deny benefit or impose cost, and space mission assurance (including resilience, active defense, and reconstitution).
added
A determination, made either by extending such studies and writings or through new analysis, of a holistic and comprehensive theory of deterrence in space appropriate for use in defense planning.
added
An evaluation of existing policies, programs, and plans of the Department of Defense to provide an assessment of the likely effectiveness of those policies, programs, and plans to achieve effective space deterrence.
added
Assessment by Defense Policy Board— Not later than 180 days after the date of the enactment of this Act, the Defense Policy Board shall submit to the Secretary of Defense an assessment of the study under subsection (b)(1), including, at a minimum—
added
a determination of the soundness of the study;
added
a description of any disagreements the Board has with the conclusions of such study, including recommended changes or clarifications to such conclusions the Board determines appropriate; and
added
changes to the policies, programs, and plans of the Department of Defense that the Board recommends based on such study and the changes and clarifications described in paragraph (2).
added
Report— Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report that contains the following:
added
The study under subsection (b)(1), without change.
added
The assessment under subsection (c), without change.
added
Based on such study and assessment, a description of any changes to the policies, programs, and plans of the Department of Defense that the Secretary recommends to enhance deterrence in space, including with respect to—
added
considerations and decision on reducing the opportunities and incentives for adversaries to attack space systems of the United States or allies of the United States;
added
new architectures, including proliferated systems, hosted payloads, non-traditional orbits, and reconstitution among others;
added
appropriate uses of partnering with both commercial entities and allies to improve deterrence in space;
added
necessary capabilities to enhance the protection of space systems to achieve improved deterrence;
added
bilateral, multilateral, and unilateral measures, including confidence-building measures, that could be taken to reduce the risk of miscalculation that would lead to an attack in space;
added
policies and capability requirements with regard to attribution of an attack in space;
added
policies with regard to retaliatory measures either in space or on the ground;
added
authorities with regard to decisions and actions to defend assets of the United States in space; and
added
changes to current war plans, routine operations (including information sharing), and demonstration and test procedures that could enhance the capability of the United States to signal the intentions and capabilities of the United States in an effective manner.
added
Briefing— Not later than 270 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a briefing on the study under subsection (b)(1) and the assessment under subsection (c).
Sec. 1608 Resilient enterprise ground architecture
added
added
Sense of Congress— It is the sense of Congress that the Secretary of the Air Force, to advance the security of the space assets of the Department of Defense, should—
added
expand on complimentary efforts within the Air Force that promote the adoption of a resilient enterprise ground architecture that is responsive to new and changing threats and can rapidly integrate new capabilities to make the warfighting force of the United States more resilient in a contested battlespace; and
added
prioritize the swift transition of space ground architecture to a common platform and leverage commercial capabilities in concurrence with the 2015 intent memorandum of the Commander of the Air Force Space Command.
added
Future architecture— The Secretary of Defense shall, to the extent practicable—
added
develop future satellite ground architectures of the Department of Defense to be compatible with complimentary commercial systems that can support uplink and downlink capabilities with dual-band spacecraft; and
added
emphasize that future ground architecture transition away from stove-piped systems to a service-based platform that provides members of the Armed Forces with flexible and adaptable capabilities that—
added
use, as applicable, commercially available capabilities and technologies for increased resiliency and cost savings; and
added
builds commercial opportunity and integration across the range of resilient space systems.
Sec. 1611 Modifications to ISR Integration Council and annual briefing requirements
added
added
ISR Integration Council— Subsection (a) of section 426 of title 10, United States Code, is amended to read as follows:
added “(a) ISR Integration Council
added “(1) The Under Secretary of Defense for Intelligence shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council—
added “(A) to assist the Secretary of Defense in carrying out the responsibilities of the Secretary under section 105(a) of the National Security Act of 1947 (50 U.S.C. 3038(a));
added “(B) to assist the Under Secretary with respect to matters relating to—
added “(i) integration of intelligence and counterintelligence capabilities and activities under section 137(b) of this title of the military departments, intelligence agencies of the Department of Defense, and relevant combatant commands; and
added “(ii) coordination of related developmental activities of such departments, agencies, and combatant commands; and
added “(C) to otherwise provide a means to facilitate such integration and coordination.
added “(2) The Council shall be composed of—
added “(A) the Under Secretary, who shall chair the Council;
added “(B) the directors of the intelligence agencies of the Department of Defense;
added “(C) the senior intelligence officers of the armed forces and the regional and functional combatant commands;
added “(D) the Director for Intelligence of the Joint Chiefs of Staff; and
added “(E) the Director for Operations of the Joint Chiefs of Staff.
added “(3) The Under Secretary shall invite the participation of the Director of National Intelligence (or a representative of the Director) in the proceedings of the Council.
added “(4) The Under Secretary may designate additional participants to attend the proceedings of the Council, as the Under Secretary determines appropriate.”
added
Annual briefings— Such section is further amended by striking subsections (b) and (c) and inserting the following new subsection (b):
added “(b) Annual briefings on the intelligence and counterintelligence requirements of the combatant commands
added “(1) The Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees and the congressional intelligence committees a briefing on the following:
added “(A) The intelligence and counterintelligence requirements, by specific intelligence capability type, of each of the relevant combatant commands.
added “(B) For the year preceding the year in which the briefing is provided, the fulfillment rate for each of the relevant combatant commands of the validated intelligence and counterintelligence requirements, by specific intelligence capability type, of such combatant command.
added “(C) A risk analysis identifying the critical gaps and shortfalls in efforts to address operational and strategic requirements of the Department of Defense that would result from the failure to fulfill the validated intelligence and counterintelligence requirements of the relevant combatant commands.
added “(D) A mitigation plan to balance and offset the gaps and shortfalls identified under subparagraph (C), including with respect to spaceborne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities.
added “(E) For the year preceding the year in which the briefing is provided—
added “(i) the number of intelligence and counterintelligence requests of each commander of a relevant combatant command determined by the Joint Chiefs of Staff to be a validated requirement, and the total of capacity of such requests provided to each such commander;
added “(ii) with respect to such validated requirements—
added “(I) the quantity of intelligence and counterintelligence capabilities or activities, by specific intelligence capability type, that the Joint Chiefs of Staff requested each military department to provide; and
added “(II) the total of capacity of such requests so provided by each such military department; and
added “(iii) a qualitative assessment of the alignment of intelligence and counterintelligence capabilities and activities with the program of analysis for each combat support agency and intelligence center of a military service that is part of—
added “(I) the Defense Intelligence Enterprise; and
added “(II) the intelligence community.
added “(2) The Under Secretary of Defense for Intelligence shall provide to the congressional defense committees and the congressional intelligence committees a briefing on short-, mid-, and long-term strategies to address the validated intelligence and counterintelligence requirements of the relevant combatant commands, including with respect to spaceborne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities.
added “(3) The briefings required by paragraphs (1) and (2) shall be provided at the same time that the President’s budget is submitted pursuant to section 1105(a) of title 31 for each of fiscal years 2021 through 2025.
added “(4) In this subsection:
added “(A) The term “congressional intelligence committees” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
added “(B) The term “Defense Intelligence Enterprise” means the organizations, infrastructure, and measures, including policies, processes, procedures, and products, of the intelligence, counterintelligence, and security components of each of the following:
added “(i) The Department of Defense.
added “(ii) The Joint Staff.
added “(iii) The combatant commands.
added “(iv) The military departments.
added “(v) Other elements of the Department of Defense that perform national intelligence, defense intelligence, intelligence-related, counterintelligence, or security functions.
added “(C) The term “fulfillment rate” means the percentage of combatant command intelligence and counterintelligence requirements satisfied by available, acquired, or realigned intelligence and counterintelligence capabilities or activities.
added “(D) The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
Sec. 1612 Survey and report on alignment of intelligence collections capabilities and activities with Department of Defense requirements
added
added
Survey and review—
added
In general— Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence, in coordination with the Chairman of the Joint Chiefs of Staff and the Director of National Intelligence, shall—
added
review the organization, posture, current and planned investments, and processes of the intelligence collections capabilities and activities, for the purpose of assessing the sufficiency, integration, and interoperability of such capabilities and activities to support the current and future requirements of the Department of Defense; and
added
conduct a survey of each geographic and functional combatant command, with respect to intelligence collections capabilities and activities, to assess—
added
the current state of the support of such capabilities and activities to military operations;
added
whether the posture of such capabilities and activities is sufficient to address the requirements of the Department of Defense;
added
the extent to which such capabilities and activities address gaps and deficiencies with respect to the operational requirements of the Global Campaign Plans, as identified in the most recent readiness reviews conducted by the Joint Staff; and
added
whether current and planned investments in such capabilities and activities are sufficient to address near-, mid-, and long-term spaceborne, airborne, terrestrial, and human collection capability requirements.
added
Elements— The survey and review under paragraph (1) shall include the following:
added
A comprehensive assessment of intelligence collections capabilities and activities, and whether such capabilities and activities—
added
are appropriately postured and sufficiently resourced to meet current and future requirements of the Department of Defense;
added
are appropriately balanced to address operational and strategic defense intelligence requirements; and
added
are sufficiently integrated and interoperable between activities of the Military Intelligence Program and the National Intelligence Program to respond to emerging requirements of the Department of Defense.
added
With respect to each geographic and functional combatant command—
added
information on the gaps and deficiencies, by specific intelligence capability type, described in paragraph (1)(B)(iii);
added
a review of the alignment of such gaps and deficiencies with the intelligence, surveillance, and reconnaissance submissions to the integrated priorities list for the period beginning with the completion of the most recent readiness reviews conducted by the Joint Staff and ending on the date of the commencement of the survey and review under subsection (a); and
added
detailed information on the allocation and realignment of intelligence collections capabilities and activities to address—
added
such gaps and deficiencies; and
added
such intelligence, surveillance, and reconnaissance submissions.
added
Report—
added
Submission— Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence shall submit to the appropriate congressional committees a report on the findings of the Under Secretary with respect to the survey and review under subsection (a)(1).
added
Content— The report under paragraph (1) shall include—
added
an evaluation of—
added
the organization, posture, current and planned investments, and processes of the intelligence collections capabilities and activities, including the extent to which such capabilities and activities enable the geographic and functional combatant commands to meet the operational and strategic requirements of the Department of Defense;
added
the use or planned use by each geographic and functional combatant command of intelligence collections capabilities and activities available to such command to address operational and strategic requirements of the Department of Defense;
added
the gaps and deficiencies described in subsection (a)(1)(B)(iii), if any, that prohibit each geographic and functional combatant command from the most effective use of the intelligence collections capabilities and activities to address priority requirements of the Department of Defense;
added
the accepted risk by the Secretary of Defense from the prioritization of certain Department of Defense requirements with respect to the allocation of intelligence collections capabilities and activities; and
added
the alignment and responsiveness of intelligence collections capabilities and activities with respect to the planning requirements for the Program of Analysis of each combat support agency that is part of—
added
the Defense Intelligence Enterprise; and
added
the intelligence community; and
added
recommendations, if any, to improve the sufficiency, responsiveness, and interoperability of intelligence collections capabilities and activities to fulfill the operational and strategic requirements of the Department of Defense.
added
Form— The report under paragraph (1) shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.
added
Definitions— In this section:
added
The term appropriate congressional committees means—
added
the congressional defense committees; and
added
the congressional intelligence committees.
added
The term combat support agency has the meaning given that term in section 193(f) of title 10, United States Code.
added
The term Defense Intelligence Enterprise has the meaning given that term in section 1633(c)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2600).
added
The term intelligence collections capabilities and activities means the totality of intelligence collections systems and processes which enable the tasking, processing, exploitation, and dissemination capabilities, capacity, and activities of the Defense Intelligence Enterprise.
added
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).
added
The term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Sec. 1613 Modification of annual authorization of appropriations for National Flagship Language Initiative
addedadded Section 811(a) of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1911(a)) is amended—
added
by striking “fiscal year 2003” and inserting “fiscal year 2020”; and
added
by striking “$10,000,000” and inserting “$16,000,000”.
Sec. 1621 Notification requirements for sensitive military cyber operations
addedadded Section 395 of title 10, United States Code, is amended—
added
in subsection (b)(3), by inserting “, signed by the Secretary,” after “written notification”; and
added
in subsection (c)—
added
in paragraph (1)—
added
in subparagraph (A), by striking “and” after the semicolon at the end;
added
by redesignating subparagraph (B) as subparagraph (C); and
added
by inserting after subparagraph (A) the following new subparagraph:
added “(B) is determined to—
added “(i) have a medium or high collateral effects estimate;
added “(ii) have a medium or high intelligence gain or loss;
added “(iii) have a medium or high probability of political retaliation, as determined by the political military assessment contained within the associated concept of operations;
added “(iv) have a medium or high probability of detection when detection is not intended; or
added “(v) result in medium or high collateral effects; and”
added
in paragraph (2)(B), by striking “outside the Department of Defense Information Networks to defeat an ongoing or imminent threat”.
Sec. 1622 Quarterly cyber operations briefings
addedadded Subsection (b) of section 484 of title 10, United States Code, is amended—
added
by redesignating paragraph (4) as paragraph (5); and
added
by inserting after paragraph (3) the following new paragraph:
added “(4) An overview of the readiness of the Cyber Mission Force to perform assigned missions.”
Sec. 1623 Cyber posture review
addedadded Section 1644 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—
added
in subsection (a), by inserting “, not later than December 31, 2022, and quadrennially thereafter,” before “conduct”;
added
in subsection (b), by striking “the review” and inserting “each review”;
added
in subsection (c)—
added
in the matter preceding paragraph (1), by striking “The review” and inserting “Each review”;
added
by redesignating paragraph (9) as paragraph (10); and
added
by inserting after paragraph (8) the following new paragraph:
added “(9) An assessment of the potential costs, benefits, and value, if any, of establishing a cyber force as a separate uniformed service.”
added
in subsection (d)—
added
in paragraph (1), by striking “the cyber” and inserting “each cyber”;
added
in paragraph (2), by striking “The report” and inserting “Each report”; and
added
by striking paragraph (3); and
added
in subsection (e), by striking “period beginning on the date that is five years after the date of the enactment of this Act and ending on the date that is 10 years after such date of enactment” and inserting “each eight-year period that begins from the date of each review conducted under subsection (a)”.
Sec. 1624 Tier 1 exercise of support to civil authorities for a cyber incident
addedadded Section 1648 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 is amended—
added
in subsection (a), by striking “The” and inserting “Not later than February 1, 2020, the”; and
added
by adding at the end the following new subsection:
added “(c) Limitation—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense for the White House Communications Agency, not more than 90 percent of such funds may be obligated or expended until the initiation of the tier 1 exercise required under subsection (a).”
Sec. 1625 Evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense
addedadded Section 1647 of the National Defense Authorization Act for Fiscal Year 2016 is amended by adding at the end the following new subsections:
added “(f) Written notification—If the Secretary determines that the Department will not complete an evaluation of the cyber vulnerabilities of each major weapon system of the Department by the date specified in subsection (a)(1), the Secretary shall provide to the congressional defense committee written notification relating to each such incomplete evaluation. Such a written notification shall include the following:
added “(1) An identification of each major weapon system requiring such an evaluation and the anticipated date of completion.
added “(2) A justification for the inability to complete such an evaluation by the date specified in subsection (a)(1).
added “(g) Report—The Secretary, acting through the Assistant Secretary of Defense for Acquisition and Sustainment, shall provide a report to the congressional defense committees upon completion of the requirement for an evaluation of the cyber vulnerabilities of each major weapon system of the Department under this section. Such report shall include the following:
added “(1) An identification of cyber vulnerabilities of each major weapon system requiring mitigation.
added “(2) An identification of current and planned efforts to address the cyber vulnerabilities of each major weapon system requiring mitigation, including efforts across the doctrine, organization, training, materiel, leadership and education, personnel, and facilities of the Department.
added “(3) A description of joint and common cyber vulnerability mitigation solutions and efforts, including solutions and efforts across the doctrine, organization, training, materiel, leadership and education, personnel, and facilities of the Department.
added “(4) A description of lessons learned and best practices regarding evaluations of the cyber vulnerabilities and cyber vulnerability mitigation efforts relating to major weapon systems.
added “(5) A description of efforts to share lessons learned and best practices regarding evaluations of the cyber vulnerabilities and cyber vulnerability mitigation efforts of major weapon systems across the Department.
added “(6) An identification of measures taken to institutionalize evaluations of cyber vulnerabilities of major weapon systems.
added “(7) Information relating to guidance, processes, procedures, or other activities established to mitigate or address the likelihood of cyber vulnerabilities of major weapon systems by incorporation of lessons learned in the research, development, test, evaluation, and acquisition cycle, including promotion of cyber education of the acquisition workforce.
added “(8) Any other matters the Secretary determines relevant.”
Sec. 1626 Extension of the Cyberspace Solarium Commission
addedadded Paragraph (1) of section 1652(k) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “2019” and inserting “2020”.
Sec. 1627 Authority to use operation and maintenance funds for cyber operations-peculiar capability development projects
added
added
In general— The Secretary of Defense and each Secretary concerned may obligate and expend not more than $3,000,000 of amounts authorized to be appropriated for operation and maintenance in each of fiscal years 2020 through 2022 to carry out cyber operations-peculiar capability development projects.
added
Certification— For each development project initiated under the authority provided for in subsection (a), the Commander of U.S. Cyber Command shall certify to the congressional defense committees that each project is determined to be cyber operations-peculiar.
added
Notification— Not later than 15 days after exercising the authority provided for in subsection (a), the Secretary of Defense shall notify the congressional defense committees of such exercise.
added
Report— Not later than December 31 of each year through 2022, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures made pursuant to the authority provided for in subsection (a). Each such report shall include a full description and evaluation of each of the cyber operations-peculiar capability development projects that is the subject of each such expenditure, definitions and standards for cyber operations-peculiar requirements, transition plans, and any other matters the Secretary determines relevant.
Sec. 1628 Notification of delegation of authorities to the Secretary of Defense for military operations in cyberspace
added
added
In general— The Secretary of Defense shall provide written notification to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate of authorities delegated to the Secretary by the President for military operations in cyberspace that are otherwise held by the National Command Authority, not later than 15 days after any such delegation. Such notification shall include the following:
added
A description of the authorities delegated to the Secretary.
added
A description of relevant documents, including execute orders, issued by the Secretary in accordance with such authorities.
added
A list of countries in which such authorities may be utilized.
added
A description of authorized activities to be conducted or planned to be conducted pursuant to such authorities.
added
Defined military objectives relating to such authorities.
added
Procedures—
added
In general— The Secretary of Defense shall establish and submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate procedures for complying with the requirements of subsection (a), consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
added
Sufficiency— The Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.
added
Notification in event of unauthorized disclosure— In the event of an unauthorized disclosure of authorities covered by this section, the Secretary of Defense shall ensure, to the maximum extent practicable, that the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate are notified immediately. Notification under this paragraph may be verbal or written, but in the event of a verbal notification, a written notification signed by the Secretary shall be provided by not later than 48 hours after the provision of such verbal notification.
Sec. 1629 Limitation of funding for Consolidated Afloat Networks and Enterprise Services
addedadded Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Consolidated Afloat Networks and Enterprise Services, not more than 85 percent of such funds may be obligated or expended until the Secretary of Defense, in coordination with the Chief Information Officer of the Department of Defense, certifies to the congressional defense committees that the recommendations in the Audit of Consolidated Afloat Networks and Enterprise Services Security Safeguards (DODIG-2019-072) have been implemented.
Sec. 1630 Annual military cyberspace operations report
added
added
In general— Not later than March 1 of each year, the Secretary of Defense shall provide to the congressional defense committees a written report detailing all military cyberspace operations conducted in the previous calendar year. For each such operation each such report shall include the following:
added
An identification of the objective and purpose.
added
Impacted information technology infrastructure, by location.
added
A description of tools and capabilities utilized.
added
An identification of the Cyber Mission Force team, or other Department of Defense entity or unit, that conducted such operation, and supporting teams, entities, or units.
added
A description of the infrastructure and platforms on which such operation occurred.
added
A description of relevant legal, operational, and funding authorities, including Execute Orders and Deployment Orders.
added
Information relating to the total amount of funding required and associated program elements.
added
Any other matters the Secretary determines relevant.
added
Classification— The Secretary of Defense shall provide each report required under subsection (a) at a classification level the Secretary determines appropriate.
added
Limitation— This section does not apply to cyber-enabled military information support operations.
added
Definition— In this section, the term “military cyberspace operations” means defensive and offensive—
added
cyber effects enabling operations, activities, and missions; and
added
cyber effects operations, activities, and missions.
Sec. 1631 Report on synchronization of efforts relating to cybersecurity in the Defense Industrial Base
added
added
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.
added
Elements— The report under subsection (a) shall include the following:
added
Definitions for “Controlled Unclassified Information” (CUI) and “For Official Use Only” (FOUO), as well as policies regarding protecting information designated as such.
added
A comprehensive list of Department of Defense programs to assist the Defense Industrial Base with cybersecurity compliance requirements of the Department.
added
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).
added
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.
added
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:
added
Establishing and ensuring compliance with cybersecurity standards, regulations, and policies.
added
Deconflicting existing cybersecurity standards, regulations, and policies.
added
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).
added
Efforts to enhance the Department’s visibility into its entire supply chain without violating privity.
added
An evaluation of methodologies to tier cybersecurity requirements for the Defense Industrial Base relative to risk.
added
Efforts to support and enhance threat information sharing between the Department and the Defense Industrial Base.
added
An evaluation of a single Sector Coordinating Council for the Defense Industrial Base.
added
An explanation of the Department’s Protecting Critical Technologies Task Force efforts, and how its work will be incorporated into existing Department efforts.
added
Any other information the Secretary of Defense determines relevant.
added
Definition— In this section, the term “Defense Industrial Base” includes traditional and non-traditional defense contractors and academic institutions with contractual relationships with the Department of Defense related to activities involving information or technology requiring cybersecurity compliance.
Sec. 1632 Briefings on the status of the National Security Agency and United States Cyber Command partnership
added
added
In general— Not later than 90 days after the date of the enactment of this Act and quarterly thereafter, the Secretary of Defense and the Director of National Intelligence shall provide to the congressional defense committees and the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate briefings on the nature of the National Security Agency and United States Cyber Command’s current and future partnership. Briefings under this section shall terminate on January 1, 2022.
added
Elements— Each briefing under this section shall include the following:
added
Status updates on the current and future National Security Agency-United States Cyber Command partnership efforts.
added
Executed documents, written memoranda of agreements or understandings, and policies issued governing such current and future partnership.
added
Projected long-term efforts.
added
Updates related to the assessment required under section 1642 of the National Defense Authorization Act for Fiscal Year 2017 (relating to limitation on termination of dual-hat arrangement for Commander of the United States Cyber Command; Public Law 114–328).
Sec. 1641 Improvement to annual report on the modernization of the nuclear weapons enterprise
added
added
Extension— Section 1043(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1576), as most recently amended by section 1670 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2157), is further amended in paragraph (1) by striking “2023” and inserting “2024”.
added
Acquisition costs— Paragraph (2) of such section is amended—
added
by redesignating subparagraph (G) as subparagraph (I); and
added
by inserting after subparagraph (F) the following new subparagraphs:
added “(G) For the 10-year period following the date of the report, an estimate of the relative percentage of acquisition costs of the military departments, and of the entire Department of Defense, represented by the costs to the Department of Defense to modernize and recapitalize the nuclear weapons enterprise.
added “(H) A plan covering the 25-year period following the date of the report that—
added “(i) covers the research and development and production relating to nuclear weapons that are being modernized or sustained, including with respect to—
added “(I) associated delivery systems or platforms that carry nuclear weapons;
added “(II) nuclear command and control systems; and
added “(III) facilities, infrastructure, and critical skills; and
added “(ii) includes estimated timelines for such research and development and production, and the estimated acquisition and life cycle costs, including estimated cost ranges if necessary, to modernize or recapitalize each system.”
added
Transfer of provision—
added
Codification— Such section 1043, as amended by subsections (a) and (b), is—
added
transferred to chapter 24 of title 10, United States Code;
added
inserted after section 492;
added
redesignated as section 492a; and
added
amended—
added
in the enumerator, by striking “SEC.” and inserting “§”; and
added
in the section heading—
added
by striking the period at the end; and
added
by conforming the typeface and typestyle, including capitalization, to the typeface and typestyle as used in the section heading of section 491 of such title.
added
Clerical amendment— The table of sections at the beginning of chapter 24 of title 10, United States Code, is amended by inserting after the item relating to section 492 the following new item:
Sec. 1642 Briefings on meetings held by the Nuclear Weapons Council
addedadded Section 179 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(g) Semiannual briefings—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, and semiannually thereafter, the Council shall—
added “(1) provide to the congressional defense committees a briefing on, with respect to the period covered by the briefing—
added “(A) the dates on which the Council met; and
added “(B) a summary of any decisions made by the Council pursuant to subsection (d) at each such meeting, except with respect to budget decisions relating to the budget of the President for a fiscal year if the request for that fiscal year has not been submitted to Congress as of the date of the briefing; and
added “(2) submit to such committees at the time of the briefing—
added “(A) any decision memoranda relating to the decisions specified in paragraph (1)(B); and
added “(B) a summary of the rationale and considerations that informed such decision.”
Sec. 1643 Elimination of conventional requirement for long-range standoff weapon
addedadded Subsection (a) of section 217 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 706), as amended by section 1662 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2152), is amended to read as follows:
added “(a) Long-range standoff weapon—The Secretary of the Air Force shall develop a follow-on air-launched cruise missile to the AGM–86 that—
added “(1) achieves initial operating capability for nuclear missions prior to the retirement of the nuclear-armed AGM–86; and
added “(2) is capable of internal carriage and employment for nuclear missions on the next-generation long-range strike bomber.”
Sec. 1644 Extension of annual briefing on the costs of forward-deploying nuclear weapons in Europe
addedadded Section 1656(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1124) is amended—
added
by striking “2021” and inserting “2024”; and
added
by inserting “, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate” after “the congressional defense committees”.
Sec. 1645 Ten-year extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile
addedadded Section 1664 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2615), as most recently amended by section 1666 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by striking “for any of fiscal years 2017 through 2020” and inserting “for any of fiscal years 2017 through 2030”.
Sec. 1646 Prohibition on availability of funds for deployment of low-yield ballistic missile warhead
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be used to deploy the W76–2 low-yield warhead.
Sec. 1647 Report on military-to-military dialogue to reduce the risk of miscalculation leading to nuclear war
addedadded 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:
added
A description of—
added
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
added
bilateral and multilateral agreements to which the United States is a party that address such risks.
added
An assessment conducted jointly by the Secretary and the Chairman of the Joint Chiefs of Staff of the policy and operational necessity, risks, benefits, and costs of establishing military-to-military discussions with Russia, China, and North Korea to address such risks.
Sec. 1648 Plan on nuclear command, control, and communications systems
added
added
Plan— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Commander of the United States Strategic Command, shall submit to the appropriate congressional committees a plan on the future of the nuclear command, control, and communications systems.
added
Matters included— The plan under subsection (a) shall address the following:
added
Near- and long-term plans and options to recapitalize the nuclear command, control, and communications systems to ensure the resilience of such systems.
added
Requirements for such systems, including with respect to survivability and reliability.
added
The risks and benefits of replicating the current architecture for such systems as of the date of the plan.
added
The risks and benefits of using different architectures for such systems, including, at a minimum, using hosted payloads.
added
Whether such architectures should be classified or unclassified.
added
Requirements and plans to ensure the security of the supply chain of nuclear command, control, and communications systems.
added
Timelines and general cost estimates for long-term investments in such systems.
added
Options for potential negotiation with adversaries, including with respect to agreements to not target nuclear command, control, and communications systems through kinetic, nonkinetic, or cyber attacks.
added
Any other matters the Secretary determines appropriate.
added
Interim briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Commander, shall provide to the congressional defense committees a briefing on the plan under subsection (a).
Sec. 1649 Independent study on policy of no-first-use of nuclear weapons
added
added
Study— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the United States adopting a policy to not use nuclear weapons first.
added
Matters included— The study under subsection (a) shall include the following:
added
An assessment of the benefits of a policy to not use nuclear weapons first in reducing the risk of miscalculation in a crisis.
added
An assessment of the likely reactions of the allies of the United States with respect to the United States adopting such a policy and how any negative reactions could be mitigated, including the value of engaging such allies to offer credible extended deterrence assurances.
added
An assessment of which foreign countries have stated or adopted such a policy.
added
An assessment of how adversaries of the United States might view such a policy.
added
An assessment of the benefits and risks of such a policy with respect to nuclear nonproliferation.
added
An assessment of changes in force posture and force requirements, if any, and costs or savings, that such a policy would entail.
added
Any other matters the Secretary determines appropriate.
added
Submission to DOD— Not later than 210 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary the study under subsection (a).
added
Submission to Congress— Not later than 240 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate the study under subsection (a), without change.
added
Form— The study under subsection (a) shall be submitted under subsections (c) and (d) in unclassified form, but may include a classified annex.
Sec. 1650 Independent study on risks of nuclear terrorism and nuclear war
added
added
Study— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with the National Academy of Sciences to conduct a study on the potential risks of nuclear terrorism and nuclear war.
added
Matters included— The study under subsection (a) shall—
added
quantify the potential risks of nuclear terrorism and nuclear war, including the level of uncertainty;
added
assess prior literature on such risks;
added
assess the role that quantitative risk analysis and other disciplines can play in quantifying such risks, including the limitations of such analysis and disciplines;
added
assess the extent to which the nuclear strategy of the United States is consistent with the risks of nuclear terrorism and nuclear war identified in the study; and
added
provide recommendations as to whether fundamental assumptions about the national security strategy of the United States might need to be reconsidered.
added
Submission— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the study under subsection (a), without change.
added
Form— The study shall be submitted under subsection (c) in unclassified form, but may include a classified annex.
Sec. 1661 National missile defense policy
added
added
Policy— Subsection (a) of section 1681 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note) is amended to read as follows:
added “(a) Policy—It is the policy of the United States to—
added “(1) maintain and improve, with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense—
added “(A) an effective protection of the homeland of the United States against offensive missile threats posed by rogue states; and
added “(B) an effective regional missile defense system capable of defending the allies, partners, and deployed forces of the United States against increasingly complex missile threats; and
added “(2) rely on nuclear deterrence to address more sophisticated and larger quantity near-peer intercontinental ballistic missile threats.”
added
Briefing— Not later than January 31, 2020, the Director of Cost Assessment and Program Evaluation shall provide to the Committee on Armed Services of the House of Representatives a briefing on the programmatic impacts across the Department of Defense with respect to the implementation of the Missile Defense Review issued in 2019.
Sec. 1662 Development of hypersonic and ballistic missile tracking space sensor payload
added
added
Development— Section 1683 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended—
added
by redesignating subsections (d), (e), (f), (g), and (h), as subsections (e), (f), (g), (h), and (j), respectively; and
added
by inserting after subsection (c) the following new subsection (d):
added “(d) Hypersonic and ballistic missile tracking space sensor payload—The Director, in coordination with the Director of the Space Development Agency and the Secretary of the Air Force, shall—
added “(1) develop a hypersonic and ballistic missile tracking space sensor payload; and
added “(2) include such payload as a component of the sensor architecture developed under subsection (a).”
added
Updated plan— Such section is further amended by inserting after subsection (h), as redesignated by subsection (a), the following new subsection:
added “(i) Updated plan—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Director of the Missile Defense Agency, in coordination with the Director of the Space Development Agency and the Secretary of the Air Force, shall submit to the appropriate congressional committees an update to the plan under subsection (h), including the following:
added “(1) How the Director of the Missile Defense Agency, in coordination with the Director of the Space Development Agency and the Secretary, will develop the payload under subsection (d) and include such payload in the sensor architecture developed under subsection (a).
added “(2) How such payload will address the requirement of the United States Strategic Command for a hypersonic and ballistic missile tracking space sensing capability.
added “(3) The estimated costs (in accordance with subsection (e)) to develop, acquire, and deploy, and the lifecycle costs to operate and sustain, the payload under subsection (f) and include such payload in the sensor architecture developed under subsection (a).”
added
Conforming amendment— Subsection (h)(1) of such section, as redesignated by subsection (a), is amended by striking “with subsection (d)” and inserting “with subsection (e)”.
Sec. 1663 Requirement for testing of redesigned kill vehicle prior to production
added
added
Sense of Congress— It is the sense of Congress that the Director of the Missile Defense Agency must address the technical issues of the redesigned kill vehicle prior to moving forward with development, procurement, and fielding of the vehicle.
added
Modifications to waiver requirements— Subsection (b) of section 1683 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2163) is amended to read as follows:
added “(b) Waiver—The Secretary of Defense, without delegation, may waive subsection (a) if—
added “(1) the Secretary determines that the waiver is in the interest of national security;
added “(2) the Secretary conducts an assessment of the missile developments of both North Korea and Iran during the 18-month period preceding the date of the waiver;
added “(3) the Secretary determines that the threat of missiles is advancing at a pace that requires additional capacity of the ground-based midcourse defense system by 2023, including in light of the assessment conducted under paragraph (2);
added “(4) the Secretary determines that the waiver is appropriate in light of the assessment conducted by the Director of Operational Test and Evaluation under subsection (c);
added “(5) the Secretary submits to the congressional defense committees a report containing—
added “(A) a notice of the waiver, including the rationale of the Secretary for making the waiver; and
added “(B) a certification by the Secretary that the Secretary has analyzed and accepts the risk of making and implementing a lot production decision for the redesigned kill vehicle prior to the vehicle undergoing a successful flight intercept test; and
added “(6) a period of 30 days elapses following the date on which the Secretary submits the report under paragraph (5).”
added
Modification to assessment— Subsection (c) of such section is amended by inserting “and to the congressional defense committees” after “to the Secretary of Defense”.
Sec. 1664 Development of space-based ballistic missile intercept layer
addedadded Section 1688 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended—
added
by striking subsection (c); and
added
by redesignating subsection (d) as subsection (c).
Sec. 1665 Organization, authorities, and billets of the Missile Defense Agency
added
added
Independent study—
added
Assessment— In accordance with paragraph (2), the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study assessing—
added
the organization of the Missile Defense Agency under the Under Secretary of Defense for Research and Engineering pursuant to section 205(b) of title 10, United States Code;
added
alternative ways to organize the Agency under other officials of the Department of Defense, including the Under Secretary for Acquisition and Sustainment and any other official of the Department the federally funded research and development center determines appropriate; and
added
transitioning the Agency to the standard acquisition process pursuant to Department of Defense Instruction 5000, including both the risks and benefits of making such a transition.
added
Scope of study— Before entering into the contract with a federally funded research and development center to conduct the study under paragraph (1), the Secretary shall provide to the congressional defense committees an update on the scope of such study.
added
Submission to DOD— Not later than 150 days after the date of the enactment of this Act, the federally funded research and development center shall submit to the Secretary a report containing the study conducted under paragraph (1).
added
Submission to Congress— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the study under paragraph (1), without change.
added
Notification on changes to non-standard acquisition processes and responsibilities—
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Secretary of Defense may be obligated or expended to change the non-standard acquisition processes and responsibilities described in paragraph (2) until—
added
the Secretary notifies the congressional defense committees of such proposed change; and
added
a period of 90 days has elapsed following the date of such notification.
added
Non-standard acquisition processes and responsibilities described— The non-standard acquisition processes and responsibilities described in this paragraph are such processes and responsibilities described in—
added
the memorandum of the Secretary of Defense titled “Missile Defense Program Direction” signed on January 2, 2002;
added
Department of Defense Directive 5134.09, as in effect on the date of the enactment of this Act; and
added
United States Strategic Command Instruction 583–3.
added
Limitation on certain transfers of billets— During fiscal year 2020, the Secretary of Defense may not transfer civilian or military billets from the Missile Defense Agency to any element of the Department under the Under Secretary of Defense for Research and Engineering until, for each such transfer—
added
the Secretary notifies the congressional defense committees of such proposed transfer; and
added
a period of 90 days has elapsed following the date of such notification.
Sec. 1666 Missile defense interceptor site in contiguous United States
added
added
Designation— The Secretary shall designate the preferred location of a missile defense site in the contiguous United States from among the locations evaluated pursuant to section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678). The Secretary shall make such designation based on the following:
added
The environmental impact statement prepared pursuant to section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1678).
added
Strategic and operational effectiveness, including with respect to the location that is the most advantageous site in providing coverage to the entire contiguous United States, including having the capability to provide shoot-assess-shoot coverage to the entire contiguous United States.
added
Construction remediation efforts and impacts to the existing environment at the site.
added
The existing infrastructure at the site.
added
The costs to construct, equip, and operate the site.
added
Report— Not later than January 31, 2020, the Secretary shall submit to the congressional defense committees a report on the designation made under subsection (a) with respect to each factor specified in paragraphs (1) through (5) of such subsection.
added
Rule of construction— Nothing in this section may be construed—
added
as requiring the Secretary of Defense to begin a military construction project relating to the missile defense site in the contiguous United States; or
added
as a statement that there is any current military requirement for such a site.
added
Conforming repeal— Section 1681 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1776) is repealed.
Sec. 1667 Missile defense radar in Hawaii
added
added
Construction of homeland defense radar–Hawaii— Subject to subsection (b), the Director of the Missile Defense Agency may use funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for research, development, test, and evaluation for the Missile Defense Agency to design, build, and integrate the foundation of the homeland defense radar in Hawaii and the thermal control system of the radar.
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for research, development, test, and evaluation for the homeland defense radar in Hawaii, not more than 85 percent may be obligated or expended until the Director—
added
completes the critical design review of the radar;
added
submits to the congressional defense committees an assessment conducted by the Army Corps of Engineers on the research, development, test, and evaluation proposal to design, build, and integrate the foundation of the radar and the thermal control system of the radar that highlights any unique components of such proposal; and
added
provides to such committees a briefing on incorporating the foundation and thermal control system into the overall design of the radar.
Sec. 1668 Limitation on availability of funds for lower tier air and missile sensor
added
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Army for the lower tier air and missile defense sensor, not more than 75 percent may be obligated or expended until the Secretary of the Army submits the report under subsection (b).
added
Report— The Secretary of the Army shall submit to the congressional defense committees a report on the test and demonstration of lower tier air and missile defense sensors that occurred during the third quarter of fiscal year 2019. Such report shall include the following:
added
An explanation of how the test and demonstration was conducted and what the test and demonstration set out to achieve, including—
added
an explanation of the performance specifications used; and
added
a description of the emulated threats used in the test and demonstration and how such threats compare to emerging regional air and missile threats.
added
An explanation of the capability of the sensor system that the Secretary determined to be the winner of the test and demonstration, including with respect to—
added
the capability of such sensor system against key threats and requirements, including whether such sensor system will be delivered with full 360-degree coverage and the ability of such sensor system to detect, track, and surveil targets;
added
the estimated procurement and life-cycle costs of operating such sensor system; and
added
the cost, timeline, and approach that will be used to integrate the lower tier air and missile defense sensor with other sensors using the Integrated Air and Missile Defense Battle Command System.
added
An explanation of whether future performance improvements to the lower tier air and missile defense sensor are conditional on intellectual property and how such improvements will be made if the United States does not own such intellectual property.
Sec. 1669 Command and control, battle management, and communications program
added
added
Limitation on sale— The Director of the Missile Defense Agency may not pursue release of the command and control, battle management, and communications program (or any variants thereof) for export until the date on which the Director submits the report under subsection (b).
added
Report— Not later than 90 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report containing the following:
added
An explanation of the rationale of the Director for considering to export the command and control, battle management, and communications program (or any variants thereof) in light of the critical role of the program in the strategic national defense of the United States and the allies of the United States against ballistic missile attack.
added
The findings of the market research and analysis conducted by the Director regarding exportable command and control solutions for ballistic missile defense, including such solutions that are internationally available.
Sec. 1670 Annual assessment of ballistic missile defense system
added
added
Sense of Congress— It is the sense of Congress that operational test and evaluation of elements of the ballistic missile defense system should be conducted thoroughly in accordance with section 2399 of title 10, United States Code, including with respect to the reports required to be submitted to the congressional defense committees under subsection (b) of such section regarding the results of testing conducted on major defense acquisition programs.
added
Annual assessment— As part of the annual report of the Director of Operational Test and Evaluation submitted to Congress under section 139 of title 10, United States Code, the Director shall include an assessment of the ballistic missile defense system and all of the elements of the system that have been fielded or are planned, as of the date of the assessment, including—
added
the operational effectiveness, suitability, and survivability of the ballistic missile defense system and the elements of the system that have been fielded or tested; and
added
the adequacy and sufficiency of the test program of such system as of the date of the assessment, including with respect to the operational realism of the tests.
added
Form— Each assessment under subsection (a) may be submitted in unclassified form, and may include a classified annex.
Sec. 1681 Modification to reports on certain solid rocket motors
addedadded Section 1696(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2171) is amended—
added
by striking “rockets or missiles” and inserting “rockets, missiles, or space launch services” each place it appears; and
added
in paragraph (2)(C), by striking “rocket or missile” and inserting “rocket, missile, or space launch service”.
Sec. 1682 Repeal of review requirement for ammonium perchlorate report
addedadded Section 1694(d) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1792) is repealed.
Sec. 1683 Repeal of requirement for commission on electromagnetic pulse attacks and similar events
added
added
Findings— Congress finds the following:
added
On March 26, 2019, the President released the “Executive Order on Coordinating National Resilience to Electromagnetic Pulses”.
added
The Executive Order codifies policy, roles, and responsibilities within the executive branch in order to foster sustainable, efficient, and cost-effective approaches to improving the resilience of the United States to the effects of electromagnetic pulses.
added
Repeal— Section 1691 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1786) is repealed.
Sec. 1684 Conventional prompt global strike weapon system
added
added
Sense of Congress— It is the sense of Congress that—
added
the Under Secretary of Defense for Policy has not adequately responded to Congress regarding the miscalculation and ambiguity risks posed by hypersonic weapons, specifically from submarine-launched platforms, including pursuant to the report required by section 1698 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2172); and
added
the Secretary of Defense should coordinate technology maturation efforts to develop common technologies for hypersonics, and should leverage defense laboratories and university partners to lead foundational hypersonic research in areas the Secretary determines appropriate for the Department of Defense.
added
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the conventional prompt global strike weapon system may be used for a submarine-launched conventional prompt global strike capability, including with respect to developing or testing such a capability, unless such capability—
added
is transferrable to a surface-launched platform; and
added
is not exclusive to submarines.
added
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the programmatic changes required to integrate the conventional prompt global strike weapon system into the DDG–1000 program or other surface ships.
Sec. 2002 Expiration of authorizations and amounts required to be specified by law
changed
Expiration of authorizations after five years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII XXX (other than title XXVIII) for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
October 1, 2024; or
the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025.
Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
October 1, 2024; or
the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
Sec. 2003 Effective date
changed
Titles XXI through XXVII and XXX (other than title XXIX XXVIII) shall take effect on the later of—
October 1, 2019; or
the date of the enactment of this Act.
Sec. 2101 Authorized Army construction and land acquisition projects
changed
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 3002, 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 3002, 4601, the Secretary of the Army may acquire real property and carry out the military construction project for the installations installation or locations location outside the United States, and in the amount, set forth in the following table:
added
Study of near-term facility alternatives to house high value detainees—
added
Study required— The Secretary of Defense shall conduct a study of alternatives to meet the near-term facility requirements to safely and humanely house high value detainees current detained at Naval Station Guantanamo Bay, Cuba. As part of the study, the Secretary shall consider the following alternatives:
added
The construction of new facilities.
added
The repair of current facilities.
added
The renovation and repurposing of other facilities at Naval Station Guantanamo Bay, Cuba.
added
Such other alternatives as the Secretary considers practicable.
added
Submission of results— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under paragraph (1). The report shall be unclassified, but may include a classified annex.
Sec. 2102 Family housing
changed
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 3002, 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, installation, and in the amounts amount, set forth in the following table:
changed
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 3002, 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $9,222,000.
Sec. 2103 Authorization of appropriations, Army
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 3002.4601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 3002.4601.
Sec. 2104 Modification of authority to carry out certain fiscal year 2019 projects
added
added
Anniston Army Depot, Alabama— In the case of the authorization contained in the table in section 2101(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2241) for Anniston Army Depot, Alabama, for construction of a weapon maintenance shop, as specified in the funding table in section 4601 of such Act (132 Stat. 2401), the Secretary of the Army may construct a 21,000-square foot weapon maintenance shop.
added
United States Military Academy, New York— The table in section 2101(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2241) is amended in the item relating to the United States Military Academy, New York, by striking “$160,000,000” and inserting “$197,000,000” for construction of a Consolidated Engineering Center and Parking Structure rather than the separate projects specified in the funding table in section 4601 of such Act (132 Stat. 2401).
Sec. 2201 Authorized Navy construction and land acquisition projects
changed
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 3002, 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 3002, 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation installations or location locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2202 Family housing
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 3002, 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $5,863,000.
Sec. 2203 Improvements to military family housing units
changed
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 3002, 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $41,798,000.
Sec. 2204 Authorization of appropriations, Navy
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 3002.4601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 3002.4601.
Sec. 2205 Modification of authority to carry out certain fiscal year 2017 project
addedadded The table in section 2201(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2691) is amended in the item relating to Bangor, Washington, by striking “$113,415,000” and inserting “$161,415,000” for construction of a SEAWOLF Class Service Pier, as specified in the funding table in section 4601 of such Act (130 Stat. 2876).
Sec. 2301 Authorized Air Force construction and land acquisition projects
changed
Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 3002, 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 3002, 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation installations or location locations outside the United States, and in the amount, amounts, set forth in the following table:
Sec. 2302 Family housing
added
Construction and acquisition— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation, and in the amount, set forth in the following table:
added
Planning and design— Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,409,000.
removed
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 3002, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,409,000.
Sec. 2303 Improvements to military family housing units
changed
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 3002, 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $53,584,000.
Sec. 2304 Authorization of appropriations, Air Force
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 3002.4601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 3002.4601.
Sec. 2305 Modification of authorities to carry out phased Joint Intelligence Analysis Complex consolidation
added
added
Fiscal year 2015 project authority— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton, United Kingdom, for Phase 1 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (128 Stat. 3973), the Secretary of the Air Force shall carry out the construction at Royal Air Force Molesworth, United Kingdom.
added
Fiscal year 2016 project authority— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1153), for Royal Air Force Croughton, United Kingdom, for Phase 2 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (129 Stat. 1294), the Secretary of the Air Force may construct a 5,152-square meter Intelligence Analytic Center, a 5,234-square meter Intelligence Fusion Center, and a 807-square meter Battlefield Information Collection and Exploitation System Center at Royal Air Force Molesworth, United Kingdom.
added
Fiscal year 2017 project authority— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2697), for Royal Air Force Croughton, United Kingdom, for Phase 3 of the Joint Intelligence Analysis Complex consolidation, as specified in the funding table in section 4601 of such Act (130 Stat. 2878), the Secretary of the Air Force may construct a 1,562-square meter Regional Joint Intelligence Training Facility and a 4,495-square meter Combatant Command Intelligence Facility at Royal Air Force Molesworth, United Kingdom.
added
Conforming repeal— Section 2305 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) is repealed.
Sec. 2306 Modification of authority to carry out certain fiscal year 2016 project
addedadded The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1152) is amended in the item relating to Nellis Air Force Base, Nevada, by striking “$68,950,000” and inserting “$72,050,000” for construction of F-35A Munitions Maintenance Facilities, as specified in the funding table in section 4601 of such Act (129 Stat. 1293).
Sec. 2307 Modification of authority to carry out certain fiscal year 2017 project
addedadded The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2696) is amended in the item relating to Fairchild Air Force Base, Washington, by striking “$27,000,000” and inserting “$31,800,000” for construction of a SERE School Pipeline Dormitory, as specified in the funding table in section 4601 of such Act (130 Stat. 2878).
Sec. 2308 Modification of authority to carry out certain fiscal year 2018 projects
added
added
Little rock air force base, Arkansas— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1825) is amended in the item relating to Little Rock Air Force Base, Arkansas, by striking “$20,000,000” and inserting “$27,000,000” for construction of a dormitory facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2002).
added
Joint base San Antonio, Texas— In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1826) for Joint Base San Antonio, Texas, the Secretary of the Air Force may construct—
added
a 750-square meter equipment building for construction of a Classrooms/Dining Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2003); and
added
a 636-square meter air traffic control tower for construction of an Air Traffic Control Tower, as specified in the funding table in section 4601 of such Act (131 Stat. 2003).
added
F.E. Warren Air Force Base, Wyoming— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1825) is amended in the item relating to F.E. Warren Air Force Base, Wyoming, by striking “$62,000,000” and inserting “$80,100,000” for construction of a Consolidated Helo/TRF Ops/AMU and Alert Facility, as specified in the funding table in section 4601 of such Act (131 Stat. 2004).
added
Rygge air station, Norway— In the case of the authorization contained in the table in section 2903 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1876) for Rygge Air Station, Norway, for replacement/expansion of a Quick Reaction Alert Pad, as specified in the funding table in section 4602 of such Act (131 Stat. 2014), the Secretary of the Air Force may construct 1,327 square meters of aircraft shelter and a 404-square meter fire protection support building.
added
Incirlik air base, Turkey— In the case of the authorization contained in the table in section 2903 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1876) for Incirlik Air Base, Turkey, for Relocating Base Main Access Control Point, as specified in the funding table in section 4602 of such Act (131 Stat. 2015), the Secretary of the Air Force may construct a 176-square meter pedestrian search building.
Sec. 2309 Modification of authority to carry out certain fiscal year 2019 projects
added
added
Hanscom air force base, Massachusetts— In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Hanscom Air Force Base, Massachusetts, for the construction of a semi-conductor/microelectronics laboratory facility, as specified in the funding table in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 1,000 kilowatt stand-by generator.
added
Minot Air Force Base, North Dakota— The table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) is amended in the item relating to Minot Air Force Base, North Dakota, by striking “$66,000,000” and inserting “$71,500,000” for construction of a Consolidated Helo/TRF Ops/AMU and Alert Facility, as specified in the funding table in section 4601 of such Act (132 Stat. 2405).
added
Royal air force lakenheath, United Kingdom— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for the construction of an F–35A Dormitory, as specified in the funding table in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 5,900-square meter dormitory.
Sec. 2401 Authorized Defense Agencies construction and land acquisition projects
changed
Inside the united states— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 3002, 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
changed
Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 3002, 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Sec. 2402 Authorized energy resiliency and energy conservation projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 3002, 2403(a), the Secretary of Defense may carry out energy resiliency and energy conservation projects under chapter 173 of title 10, United States Code.Code, as specified in the funding table in section 4601.
Sec. 2403 Authorization of appropriations, Defense Agencies
changed
Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 3002.4601.
changed
Limitation on total cost of construction projects— Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 3002.4601.
Sec. 2502 Authorization of appropriations, NATO
changed
Authorization— Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 3002.4601.
changed
Authority To to recognize NATO authorization amounts as budgetary resources for project execution— When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
Sec. 2511 Republic of Korea funded construction projects
changed
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations, locations in the Republic of Korea, and in the amounts, set forth in the following table:
Sec. 2601 Authorized Army National Guard construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 3002, 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2602 Authorized Army Reserve construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 3002, 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2603 Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 3002, 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2604 Authorized Air National Guard construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 3002, 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2605 Authorized Air Force Reserve construction and land acquisition projects
changed
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 3002, 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Sec. 2606 Authorization of appropriations, National Guard and Reserve
changed
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 3002.4601.
Sec. 2701 Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account
changed
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 3002.4601.
Sec. 2801 Prohibition on use of military construction funds for construction of a wall, fence, or other physical barrier along the southern border of the United States
added
added
Prohibition— Military construction funds may not be obligated, expended, or otherwise used to design or carry out a project to construct, replace, or modify a wall, fence, or other physical barrier along the international border between the United States and Mexico.
added
Definitions— In this section:
added
Military construction funds— The term “military construction funds” means—
added
amounts authorized to be appropriated for a military construction project authorized in this division or authorized in any Military Construction Authorization Act for any of fiscal years 2015 through 2019, including any amounts of such an authorization made available to the Department of Defense and transferred to another authorization by the Secretary of Defense pursuant to transfer authority available to the Secretary; and
added
funds appropriated in any Act for a military construction project described in subparagraph (A).
added
Military construction project— The term “military construction project” has the meaning given that term in section 2801 of title 10, United States Code.
Sec. 2802 Modification and clarification of construction authority in the event of a declaration of war or national emergency
added
added
Limitation on amount of funds available for national emergency— Section 2808 of title 10, United States Code, is amended—
added
by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; and
added
by inserting after subsection (a) the following new subsection:
added “(c) Limitation on amount of funds available for national emergency
added “(1) Except as provided in paragraph (2), in the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $500,000,000.
added “(2) In the event of a national emergency declaration in which the construction authority described in subsection (a) will be used only within the United States, the total cost of all military construction projects undertaken using that authority during the national emergency may not exceed $100,000,000.”
added
Additional condition on source of funds— Section 2808(a) of title 10, United States Code, is amended—
added
in the second sentence—
added
by striking “Such projects may” and inserting the following:
added “(b) Conditions on source of funds
added “(1) Military construction projects to be undertaken using the construction authority described in subsection (a) may”
added
by inserting before the period at the end of the sentence the following: “and that the Secretary of Defense determines are otherwise unexecutable”; and
added
by adding after the second sentence the following:
added “(2) For purposes of paragraph (1), the Secretary may determine that funds appropriated for military construction are unexecutable if—
added “(A) a military construction project for which the funds were appropriated has been cancelled, for a reason other than to provide funds to carry out military construction under this section; or
added “(B) the cost of a military construction project for which the funds were appropriated has been reduced because of project modifications or other cost savings, for a reason other than to provide funds to carry out military construction under this section.”
added
Waiver of other provisions of law— Section 2808 of title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
added “(d) Waiver of other provisions of law in event of national emergency—In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, the authority provided by such subsection to waive or disregard another provision of law that would otherwise apply to a military construction project authorized by this section may be used only if—
added “(1) such other provision of law does not provide a means by which compliance with the requirements of the law may be waived, modified, or expedited; and
added “(2) the Secretary of Defense determines that the nature of the national emergency necessitates the noncompliance with the requirements of the law.”
added
Additional notification requirements— Subsection (e) of section 2808 of title 10, United States Code, as redesignated by subsection (a)(1), is amended—
added
by striking “of the decision” and all that follows through the end of the subsection and inserting the following:
added “(A) The reasons for the decision to use the construction authority described in subsection (a), including, in the event of a declaration by the President of a national emergency, the reasons why use of the armed forces is required in response to the declared national emergency.
added “(B) The construction projects to be undertaken using the construction authority described in subsection (a), including, in the event of a declaration by the President of a national emergency, an explanation of how each construction project directly supports the immediate security, logistical, or short-term housing and ancillary supporting facility needs of the members of the armed forces used in the national emergency.
added “(C) The estimated cost of the construction projects to be undertaken using the construction authority described in subsection (a), including the cost of any real estate action pertaining to the construction projects, and certification of compliance with the funding conditions imposed by subsections (b) and (c).
added “(D) Any determination made pursuant to subsection (d)(2) to waive or disregard another provision of law to undertake any construction project using the construction authority described in subsection (a).
added “(E) The military construction projects, including any military family housing and ancillary supporting facility projects, to be canceled or deferred in order to provide funds to undertake construction projects using the construction authority described in subsection (a) and the possible impact of the cancellation or deferment of such military construction projects on military readiness and the quality of life of members of the armed forces and their dependents.”
added
by adding at the end the following new paragraph:
added “(2) In the event of a declaration by the President of a national emergency in which the construction authority described in subsection (a) is used, a construction project to be undertaken using such construction authority may be carried out only after the end of the five-day period beginning on the date the notification required by paragraph (1) is received by the appropriate committees of Congress.”
added
Clerical Amendments— Section 2808 of title 10, United States Code, is further amended—
added
in subsection (a), by inserting “Construction authorized.—” after “(a)”;
added
in subsection (e), as redesignated by subsection (a)(1), by inserting “Notification requirement.—(1)” after “(e)”; and
added
in subsection (f), as redesignated by subsection (a)(1), by inserting “Termination of authority.—” after “(f)”.
Sec. 2803 Inclusion of information regarding military installation resilience in master plans for major military installations
added
added
Military installation resilience— Section 2864 of title 10, United States Code, is amended—
added
in subsection (a)(1), by inserting “military installation resilience,” after “master planning,”;
added
by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and
added
by inserting after subsection (b) the following new subsection:
added “(c) Military installation resilience component—To address military installation resilience under subsection (a)(1), each installation master plan shall discuss the following:
added “(1) Risks and threats to military installation resilience that exist at the time of the development of the plan and that are projected for the future, including from extreme weather events, mean sea level fluctuation, wildfires, flooding, and other changes in environmental conditions.
added “(2) Assets or infrastructure located on the military installation vulnerable to the risks and threats described in paragraph (1), with a special emphasis on assets or infrastructure critical to the mission of the installation and the mission of members of the armed forces.
added “(3) Lessons learned from the impacts of extreme weather events, including changes made to the military installation to address such impacts, since the prior master plan developed under this section.
added “(4) Ongoing or planned infrastructure projects or other measures, as of the time of the development of the plan, to mitigate the impacts of the risks and threats described in paragraph (1).
added “(5) Community infrastructure and resources located outside the installation (such as medical facilities, transportation systems, and energy infrastructure) that are—
added “(A) necessary to maintain mission capability or that impact the resilience of the military installation; and
added “(B) vulnerable to the risks and threats described in paragraph (1).
added “(6) Agreements in effect or planned, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).
added “(7) Projections from recognized governmental and scientific entities such as the Census Bureau, the National Academies of Sciences, the United States Geological Survey, and the United States Global Change Research Office (or any similar successor entities) with respect to future risks and threats (including the risks and threats described in paragraph (1)) to the resilience of any project considered in the installation master plan during the 50-year lifespan of the installation.”
added
Report on master plans— Section 2864 of title 10, United States Code, is amended by inserting after subsection (c), as added by subsection (a), the following new subsection:
added “(d) Report—Not later than March 1 of each year, the Secretary of Defense shall submit to the congressional defense committees a report listing all master plans completed pursuant to this section in the prior calendar year.”
Sec. 2804 Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes
addedadded Section 2802 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(f)
added “(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—
added “(A) to determine the nature, extent, and estimated costs of the adverse impacts;
added “(B) to determine whether the adverse impacts can be avoided or mitigated in the design and implementation of the project; and
added “(C) if the adverse impacts cannot be avoided, to develop feasible measures to mitigate the impacts and estimate the cost of the mitigation measures.
added “(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.
added “(3) In this subsection:
added “(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).
added “(B) The term “tribal government” means the recognized governing body of an Indian tribe.
added “(C) The term “sacred site” has the meaning given that term in Executive Order 13007, as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.”
Sec. 2805 Amendment of Unified Facilities Criteria to promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience
added
added
Amendment required— Not later than September 1, 2020, the Secretary of Defense shall amend the Unified Facility Criteria related to military construction planning and design to ensure that building practices and standards promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.
added
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.
added
Implementation of Unified Facilities Criteria amendment—
added
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).
added
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.
added
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.
added
Definitions— In this section:
added
The terms “energy resilience” and “military installation resilience” have the meanings given those terms in section 101(e) of title 10, United States Code.
added
The term energy and climate resiliency has the meaning given that term in section 2864 of title 10, United States Code.
Sec. 2806 Modification to Department of Defense Form 1391 regarding consideration of potential long-term adverse environmental effects
added
added
Modification—
added
Certification requirement— The Secretary of Defense shall modify Department of Defense Form 1391 to require, with respect to any proposed major or minor military construction project requiring congressional notification or approval, the inclusion of a certification by the Secretary of Defense or the Secretary of the military department concerned that the proposed military construction project takes into consideration—
added
the potential adverse consequences of long-term changes in environmental conditions, such as increasingly frequent extreme weather events, that could affect the military installation resilience of the installation for which the military construction project is proposed; and
added
building requirements in effect for the locality in which the military construction project is proposed and industry best practices that are developed to withstand extreme weather events and other consequences of changes in environmental conditions.
added
Elements of certification— As part of the certification required by paragraph (1) for a proposed military construction project, the Secretary concerned shall identify the potential changes in environmental conditions, such as increasingly frequent extreme weather events, considered and addressed under subparagraphs (A) and (B) of paragraph (1).
added
Relation to recent modification requirement— The modification of Department of Defense Form 1391 required by subsection (a) is in addition to, and expands upon, the modification of Department of Defense Form 1391 with respect to flood risk disclosure for military construction required by section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2262; 10 U.S.C. 2802 note).
added
Military installation resilience defined— In this section, the term “military installation resilience” has the meaning given that term in section 101(e)(8) of title 10, United States Code.
Sec. 2811 Enhanced protections for members of the Armed Forces and their dependents residing in privatized military housing units
added
added
Specified rights of tenancy in privatized military housing units—
added
In general— Section 2886 of title 10, United States Code, is amended to read as follows:
added “2886. Specified rights of tenancy in military housing units
added “(a) Contract requirement for military housing units
added “(1) Inclusion of rights of tenancy—Each contract between the Secretary concerned and a landlord shall guarantee the rights of tenancy specified in this section for military tenants who reside in military housing units covered by the contract.
added “(2) Rule of construction—The rights of tenancy in military housing units specified in this section are not intended to be exclusive. The omission of a tenant right or protection shall not be construed to deny the existence of such a right or protection for military tenants.
added “(3) Written lease and explanation of tenancy
added “(A) The lease between a landlord and military tenant shall be in writing to establish tenancy in a military housing unit. The landlord shall provide the military tenant with a copy of the lease, any addendums, and any other regulations imposed by the landlord regarding occupancy of the military housing unit and use of common areas.
added “(B) The Secretary concerned shall require that a military tenant receive a plain-language briefing regarding the rights of tenancy guaranteed by this section and the respective responsibilities of landlords and military tenants related to tenancy, including the existence of any additional fees authorized by subsection (c)(2), any utilities payments, the procedures for submitting and tracking work orders, the identity of the military tenant advocate, and the dispute resolution process.
added “(b) Protection against retaliation
added “(1) In general—A landlord may not retaliate against a military tenant, directly or through the chain-of-command of a member of the armed forces who is a military tenant, in response to a military tenant making a complaint relating to a military housing unit or common areas. Evidence of retaliation may include any of the following actions, including unsuccessful attempts to commit such an action:
added “(A) Unlawful recovery of, or attempt to recover, possession of a military housing unit.
added “(B) Unlawfully increasing the rent, decreasing services, or increasing the obligations of a military tenant.
added “(C) Interference with a military tenant’s right to privacy.
added “(D) Harassment of a military tenant.
added “(E) Refusal to honor the terms of the lease.
added “(F) Interference with the career of a military tenant.
added “(2) Investigation—The Inspector General of the Department of Defense and the Inspector General of a military department may investigate allegations of retaliation against a military tenant in connection with a complaint relating to a military housing unit.
added “(c) Prohibition against collection of amounts in addition to rent
added “(1) In general—A landlord may not impose on a military tenant a supplemental payment, such as an out-of-pocket fee, in addition to the amount of rent the landlord charges for a unit of similar size and composition to the military housing unit, without regard to whether or not the amount of the member's basic allowance for housing under section 403 of title 37 is less than the amount of the rent.
added “(2) Exceptions—Nothing in paragraph (1) shall be construed—
added “(A) to prohibit a landlord from imposing an additional payment—
added “(i) for optional services provided to military tenants, such as access to a gym or a parking space;
added “(ii) for non-essential utility services, as determined in accordance with regulations promulgated by the Secretary concerned; or
added “(iii) to recover damages associated with tenant negligence; or
added “(B) to limit or otherwise affect the authority of the Secretary concerned to enter into rental guarantee agreements under section 2876 of this title or to make differential lease payments under section 2877 of this title, so long as such agreements or payments do not require a military tenant to pay an out-of-pocket fee or payment in addition to the basic allowance for housing of the member.
added “(d) Dispute resolution process
added “(1) Establishment—The Secretary concerned shall establish a dispute resolution process for the resolution of disputes between landlords and military tenants related to military housing units. The resolution process shall use neutral arbitrators and minimize costs incurred by military tenants to participate.
added “(2) Treatment of basic allowance for housing—During the dispute resolution process between a landlord and military tenant, the Secretary concerned may withhold from the landlord amounts of the military tenant’s basic allowance for housing under section 403 of title 37 that otherwise would be paid to the landlord directly by the military tenant or through allotments of the pay of the military tenant under section 701 of such title.
added “(e) Prompt Maintenance and repairs
added “(1) In general—The Secretary concerned shall ensure that landlords—
added “(A) respond promptly to requests for the maintenance or repair of a military housing unit; and
added “(B) communicate effectively with military tenants regarding the schedule and status of maintenance or repair requests.
added “(2) Electronic work order system—To promote the policy objective described in paragraph (1), the Secretary concerned shall require the establishment of an electronic work order system through which a military tenant may request maintenance or repairs of a military housing unit and track the progress of the work.
added “(3) Access to system—The electronic work order system shall be accessible—
added “(A) to a military tenant to track a work request made through the system by the military tenant;
added “(B) to military tenant advocates or a commander of the relevant military installation to track a work request made through the system; and
added “(C) to the landlord responsible for the military housing unit to track a work request made through the system by a military tenant.
added “(f) Disclosure of housing code violations and hazards
added “(1) In general—Before accepting a rental application from a prospective military tenant to lease a military housing unit, the landlord must disclose to the prospective military tenant the following:
added “(A) Any housing code violations with respect to the military housing unit incurred within the previous three years.
added “(B) Either a three–year history of mold contamination with respect to the military housing unit and common areas or proof of proper remediation.
added “(C) Either a three–year history of lead contamination in water with respect to the military housing unit and common areas or proof of proper remediation.
added “(D) Either a three–year history of rodent infestation with respect to the military housing unit and common areas or proof of proper remediation.
added “(E) Any information regarding health-related symptoms among previous residents of the military housing unit that may have been the result of exposure to environmental hazards in the military housing unit or common areas, if such residents agreed to voluntarily disclose such information. The military tenant advocate shall inform military tenants of their option to disclose or decline to disclose such information.
added “(2) Continued requirement—The landlord must make the information referred to in paragraph (1) accessible to the military tenant throughout the lease of the military housing unit.
added “(g) Unit inspections
added “(1) Move-in—A military tenant is entitled to be present for an inspection of a military housing unit before accepting occupancy of the military housing unit to ensure that the military housing unit is habitable and that facilities and common areas of the building are in good repair.
added “(2) Move-out—A military tenant is entitled to be present for the move-out inspection and must be given sufficient time to address any concerns related to the military tenant’s occupancy of the military housing unit.
added “(h) Military tenant advocates
added “(1)
added “(A) The Secretary concerned shall assign personnel of the Department of Defense or contractor personnel to serve as a military tenant advocate—
added “(i) to assist in the resolution of a dispute between a landlord and a military tenant; and
added “(ii) to serve as a liaison between military tenants and landlords, officials in the chain of command at the installation, and the individual designated in paragraph (2) within the Office of the Secretary of Defense, with respect to concerns of military tenants at the applicable installation.
added “(B) A military tenant advocate may not be an employee of a landlord or occupy office-space provided by a landlord.
added “(2)
added “(A) The Secretary of Defense shall designate an individual within the Office of the Secretary of Defense to serve as the liaison between the Secretary and the Secretaries concerned, the military tenant advocates under paragraph (1), landlords, and other offices of the Department as the Secretary determines appropriate with respect to military tenant issues.
added “(B) Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, and annually thereafter for the next two years, the individual designated under subparagraph (A) shall submit to the Secretary of Defense and the congressional defense committees a report containing a description of—
added “(i) common issues encountered by military tenants with respect to military housing; and
added “(ii) the responsiveness of landlords to tenant requests for the maintenance or repair of military housing units.”
added
Clerical amendment— The table of sections at the beginning of subchapter IV of title 10, United States Code, is amended by striking the item relating to section 2886 and inserting the following new item:
added
Definitions— Section 2871 of title 10, United States Code, is amended—
added
by redesignating paragraphs (7) and (8) as paragraphs (10) and (11), respectively; and
added
by inserting after paragraph (6) the following new paragraphs:
added “(7) The term landlord means an eligible entity that enters into a contract as a partner with the Secretary concerned for the acquisition or construction of a military housing unit under this subchapter or any subsequent lessor who owns, manages, or is otherwise responsible for a military housing unit.
added “(8) The term “military housing unit” means a unit of military family housing or military unaccompanied housing acquired or constructed under this subchapter.
added “(9) The term “military tenant” means a member of the armed forces who occupies a military housing unit and any dependent of the member who is a party to a lease for a military housing unit or is authorized to act on behalf of the member in the event of the assignment or deployment of the member.”
added
Implementation report— Not later than March 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to implement section 2886 of title 10, United States Code, as amended by subsection (a). In the report, the Secretary shall identify any circumstances that would impede application of the requirements of such section to existing contracts for the acquisition or construction of military family housing units or military unaccompanied housing units under subchapter IV of chapter 169 of such title, and to existing contracts for the management of such military housing units.
Sec. 2812 Prohibition on use of nondisclosure agreements in connection with leases of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing
added
added
Nondisclosure agreements prohibited— Section 2882 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(d) Prohibition on use of nondisclosure agreements
added “(1) A member of the armed forces who leases a housing unit acquired or constructed under this subchapter, and any dependent of the member who is a party to a lease for such a unit or is authorized to act on behalf of the member in the event of the assignment or deployment of the member, may not be required to sign a nondisclosure agreement in connection with entering into, continuing, or terminating the lease. Any such agreement against the interests of the member is invalid.
added “(2) Paragraph (1) shall not apply to a nondisclosure agreement executed as part of the settlement of litigation.”
added
Implementation— The Secretary of Defense and the Secretaries of the military departments shall promulgate regulations necessary to give full force and effect to subsection (d) of section 2882 of title 10, United States Code, as added by subsection (a).
added
Retroactive application of amendment— Subsection (d) of section 2882 of title 10, United States Code, as added by subsection (a), shall apply with respect to any nondisclosure agreement covered by the terms of such subsection (d) regardless of the date on which the agreement was executed.
Sec. 2813 Authority to furnish certain services in connection with use of alternative authority for acquisition and improvement of military housing
addedadded Section 2872a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
added “(13) Street sweeping.
added “(14) Tree trimming and removal.”
Sec. 2814 Modification to requirements for window fall prevention devices in military family housing units
added
added
Fall prevention device requirements— Section 2879(a) of title 10, United States Code, is amended—
added
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)”;
added
in paragraph (2)—
added
in subparagraph (A), by striking “December 11, 2017” and inserting “October 1, 2019”; and
added
in subparagraph (B), by striking “September 1, 2018” and inserting “October 1, 2019”; and
added
by adding at the end the following new paragraph:
added “(3) Fall prevention device described—A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090-13 (or any successor standard).”
added
Modification to window description— Section 2879(c) of title 10, United States Code, is amended by striking “24” and inserting “42”.
added
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
added
added
Hazard assessment tool—
added
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).
added
Components— The assessment tool shall provide for the identification and measurement of the following hazards:
added
Physiological hazards, including dampness and mold growth, lead-based paint, asbestos and manmade fibers, radiation, biocides, and volatile organic compounds.
added
Psychological hazards, including ease of access by unlawful intruders, and lighting issues.
added
Infection hazards.
added
Safety hazards.
added
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).
added
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.
added
Hazard assessments—
added
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).
added
Tenant information— As soon as practicable after the completion of the hazard assessment conducted for a housing facility under paragraph (1), the Secretary of Defense shall provide to each individual who leases or is assigned to a housing unit in the facility a summary of the results of the assessment.
Sec. 2816 Development of process to identify and address environmental health hazards in Department of Defense housing
added
added
Process required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a process to identify, record, and resolve environmental health hazards in housing under the jurisdiction of the Department of Defense (including privatized housing) in a timely manner.
added
Elements of process— The process developed under subsection (a) shall provide for the following with respect to each identified environmental health hazard:
added
Categorization of the hazard.
added
Identification of health risks posed by the hazard.
added
Identification of the number of housing occupants potentially affected by the hazard.
added
Recording and maintenance of information regarding the hazard.
added
Resolution of the hazard, which shall include—
added
the performance by the Secretary of Defense (or in the case of privatized housing, the landlord) of hazard remediation activities at the affected facility; and
added
follow-up by the Secretary of Defense to collect information on medical care related to the hazard sought or received by individuals affected by the hazard.
added
Coordination— The Secretary of Defense shall ensure coordination between military treatment facilities, appropriate public health officials, and housing managers at military installations with respect to the development and implementation of the process required by subsection (a).
added
Report— Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the process required by subsection (a).
Sec. 2817 Report on civilian personnel shortages for appropriate oversight of management of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing
added
added
Report required— Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report containing the following:
added
An evaluation of the extent to which shortages in the number of civilian personnel performing oversight functions at Department of Defense housing management offices or assigned to housing-related functions at headquarters levels contribute to problems regarding the management of military housing constructed or acquired using the alternative authority for the acquisition and improvement of military housing under subchapter IV of chapter 169 of title 10, United States Code.
added
Recommendations to address such personnel shortages in order to eliminate management problems regarding such military housing, ensure oversight of the partner’s execution of the housing agreement and the delivery of all requirements in accordance with implementing guidance provided by the Secretaries of the military departments, improve oversight of and expedite the work-order process, and facilitate a positive experience for members of the Armed Forces and their dependents who reside in military housing.
added
Personnel recommendations— As part of the recommendations required by subsection (a)(2), the Secretary of Defense shall—
added
determine the number of additional personnel who are required, the installation and headquarter locations at which they will be employed, the employment positions they will fill, and the duties they will perform;
added
identify the number of additional personnel already hired as of the date on which the report is submitted and their locations and the timeline for employing the remaining required personnel; and
added
estimate the cost of employing the additional personnel.
Sec. 2818 Inspector General review of Department of Defense oversight of privatized military housing
addedadded Not later than one year after the date of the enactment of this Act, and annually thereafter until 2022, the Inspector General of the Department of Defense shall—
added
conduct a review at not less than 15 randomly selected military installations of the oversight by the Secretary of Defense of privatized military housing at such installations; and
added
make publicly available on a website of the Department a summary of the results of such review.
Sec. 2819 Department of Defense inspection authority regarding privatized military housing
added
added
Inspection authority— Section 2885 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(g) Post-construction access and inspection authority
added “(1) Requirement—The Secretary concerned shall retain the authority after the completion of a military housing privatization project to access and inspect any military housing unit, ancillary supporting facility, or common area acquired, constructed, or renovated as part of the project in order to protect the health and safety of members of the armed forces and their dependents who occupy the privatized military housing units.
added “(2) Notice and right of refusal of access and inspection—The Secretary concerned shall ensure that the individuals who lease or are assigned a military housing unit—
added “(A) are provided not less than 48 hours notice prior to the Secretary concerned accessing and inspecting the unit as authorized under paragraph (1); and
added “(B) have the right to refuse the Secretary concerned such access.”
added
Retroactive application of amendment— Subsection (g) of section 2885 of title 10, United States Code, as added by subsection (a), shall apply to each military housing privatization project completed prior to the date of the enactment of this Act, and to each such project completed on or after such date.
Sec. 2820 Improvement of privatized military housing
added
added
Complaint database and financial transparency—
added
In general— Subchapter IV of chapter 169 of title 10, United States Code, is amended by adding at the end the following new sections:
added “2887. Complaint database
added “(a) Database required—The Secretary of Defense shall establish a database that is available to the public of complaints relating to housing units under this subchapter.
added “(b) Filing of complaints—The Secretary shall ensure that a tenant of a housing unit under this subchapter may file a complaint relating to such housing unit for inclusion in the database under subsection (a).
added “(c) Response by landlord
added “(1) The Secretary shall include in any contract with a landlord responsible for a housing unit under this subchapter a requirement that the landlord respond to any complaints included in the database under subsection (a) that relate to the housing unit.
added “(2) Any response under paragraph (1) shall be included in the database under subsection (a).
added “2888. Financial transparency
added “(a) Audits of agreements with partners
added “(1) Not less frequently than annually, the Comptroller General of the United States, in accordance with best audit practices, shall randomly select one small, medium, and large military installation participating in the Military Privatized Housing Initiative for the purposes of conducting a full financial audit of the privatized housing project or projects at each installation. The results of audits conducted under this section shall be provided to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives.
added “(2) Audits conducted under paragraph (1) shall include an analysis, at a minimum, of the following:
added “(A) Base management fees for managing the housing units.
added “(B) Incentive fees relating to the housing units, including details on the following:
added “(i) Metrics upon which such incentive fees are paid.
added “(ii) Whether incentive fees were paid in full or withheld in part or in full during the year covered by the publication, and if so, why.
added “(C) Asset management fees relating to the housing units.
added “(D) Preferred return fees relating to the housing units.
added “(E) Any deferred fees or other fees relating to the housing units.
added “(F) Residual cash flow distributions relating to the housing units.
added “(G) Provider’s financial relationship with and use of subsidiaries and third parties to manage/implement housing agreements.”
added
Clerical amendment— The table of sections at the beginning of subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2886 the following new items:
added
Annual reports on privatized military housing— Section 2884 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(d) Annual report on housing
added “(1) Not less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees and publish on a publicly available website of the Department of Defense a report on housing units under this subchapter, disaggregated by military installation.
added “(2) Each report submitted under paragraph (1) shall include the following:
added “(A) An assessment of the condition of housing units under this subchapter based on the average age of those units and the estimated time until recapitalization.
added “(B) An analysis of complaints of tenants of such housing units.
added “(C) An assessment of maintenance response times and completion of maintenance requests relating to such housing units.
added “(D) An assessment of dispute resolution relating to such housing units, which must include an analysis of all denied tenant requests to withhold rent payments, or where the dispute resolution process resulted in a favorable outcome for the housing provider.
added “(E) An assessment of overall customer service for tenants of such housing units.
added “(F) A description of the results of any no-notice housing inspections conducted for such housing units.
added “(G) The results of any resident surveys conducted with respect to such housing units.”
Sec. 2831 Improved energy security for main operating bases in Europe
added
added
Prohibition on use of certain energy source— The Secretary of Defense shall ensure that each contract for the acquisition of furnished energy for a covered military installation in Europe does not use natural gas sourced from inside the Russian Federation as a means of generating the furnished energy for the covered military installation.
added
Waiver for national security interests—
added
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—
added
the waiver of such subsection is necessary to ensure an adequate supply of furnished energy for the covered military installation; and
added
the Secretary has balanced these national security requirements against the potential risk associated with reliance upon the Russian Federation for furnished energy.
added
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:
added
The rationale for the waiver, including the basis for the certifications required by subparagraphs (A) and (B) of paragraph (1).
added
An assessment of how the waiver may impact the European energy resiliency strategy.
added
An explanation of the measures the Department of Defense is taking to mitigate the risk of using Russian Federation furnished energy.
added
Definitions— In this section:
added
The term “covered military installation” means a military installation in Europe identified by the Department of Defense as a main operating base.
added
The term “furnished energy” means energy furnished to a covered military installation in any form and for any purpose, including heating, cooling, and electricity.
Sec. 2832 Access to Department of Defense facilities for credentialed transportation workers
addedadded Section 1050 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—
added
by striking subsection (a) and inserting the following new subsection:
added “(a) Access to facilities for credentialed transportation workers—The Secretary of Defense, to the extent practicable—
added “(1) shall ensure that the Transportation Worker Identification Credential is accepted as a valid credential for unescorted access to a work site at a maritime terminal of the Department of Defense; and
added “(2) may provide that the Transportation Worker Identification Credential be accepted as a valid credential for unescorted access to Department of Defense facilities other than those specified in paragraph (1).”
added
in the section heading, by striking “installations” and inserting “facilities”.
Sec. 2841 Land conveyance, Hill Air Force Base, Utah
added
added
Conveyance authorized— The Secretary of the Air Force may convey, without consideration, to the State of Utah or a designee of the State of Utah (in this section referred to as the “State”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 35 acres located at Hill Air Force Base (commonly known as the Defense Nontactical Generator and Rail Center), and such real property adjacent to the Center as the parties consider to be appropriate, for the purpose of permitting the State to construct a new interchange for Interstate 15.
added
Condition of conveyance— As a condition on the conveyance authorized by subsection (a), the State shall agree to the following:
added
That, not later than two years after the date of the conveyance of the property under such subsection, the State, at no cost to the United States, shall—
added
demolish all improvements, and infrastructure associated with the improvements, in existence on the property as of the date of the conveyance; and
added
subject to subsection (c), complete all environmental cleanup and remediation activities as may be required for the planned redevelopment and use of the property.
added
That, as part of the construction of the new Interstate 15 interchange referred to in subsection (a), the State, at no cost to the United States, shall construct on the property a new gate for Hill Air Force Base in compliance with such construction, security, and other requirements as the Secretary of the Air Force considers to be necessary.
added
That the State shall coordinate any demolition, cleanup, remediation, design, redevelopment, and construction activities performed pursuant to the conveyance of property under subsection (a) with the Secretary and the Utah Department of Transportation.
added
Environmental obligations— The State shall not have any obligation in relation to any environmental conditions on the property to be conveyed under subsection (a) unless—
added
the conditions were in existence and known before the date of the conveyance of the property; and
added
the State agrees to address the conditions under subsection (b)(1)(B).
added
Payment of costs of conveyance—
added
Payment required— The Secretary of the Air Force shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and other administrative costs related to the conveyance. If amounts collected are in advance of the Secretary incurring actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount.
added
Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force.
added
Additional terms and conditions— The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2842 Release of conditions and reversionary interest, Camp Joseph T. Robinson, Arkansas
added
added
Release of conditions and retained interests— With respect to a parcel of real property at Camp Joseph T. Robinson, Arkansas, consisting of approximately 141.52 acres and conveyed by the United States to the State of Arkansas pursuant to the Act entitled “An Act authorizing the transfer of part of Camp Joseph T. Robinson to the State of Arkansas”, approved June 30, 1950 (64 Stat. 311, chapter 429), the Secretary of the Army may release, without consideration, the terms and conditions imposed by the United States and the reversionary interest retained by the United States under section 2 of such Act and the right to reenter and use the property retained by the United States under section 3 of such Act.
added
Condition of release— As a condition of the release of terms and conditions and retained interests under subsection (a) and subject to subsection (c), the State of Arkansas shall agree to convey, without consideration, the parcel of real property described in subsection (a) to the Arkansas Department of Veterans Affairs for the purpose of expanding the Arkansas State Veterans Cemetery in North Little Rock, Arkansas.
added
New Reversionary Interest— The conveyance required by subsection (b) of the real property described in subsection (a) shall include a reversionary interest to protect the interests of the United States. Under the terms of such reversionary interest, if the Secretary of the Army determines at any time that the real property conveyed pursuant to subsection (b) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the real property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.
added
Instrument of release and description of property— The Secretary of the Army may execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument reflecting the release of terms and conditions and retained interests under subsection (a). The exact acreage and legal description of the property described in this section shall be determined by a survey satisfactory to the Secretary of the Army.
added
Payment of administrative costs—
added
Payment required— The Secretary of the Army may require the State of Arkansas to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the release of terms and conditions and retained interests under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the release. If amounts paid to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the release, the Secretary shall refund the excess amount to the State.
added
Treatment of amounts received— Amounts received under subsection (a) as reimbursement for costs incurred by the Secretary to carry out the release of terms and conditions and retained interests under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the release. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
added
Additional terms and conditions— The Secretary of the Army may require such additional terms and conditions in connection with the release of terms and conditions and retained interests under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Sec. 2843 Modification of authorized uses of certain property conveyed by the United States in Los Angeles, California
added
added
In general— Section 2 of Public Law 85–236 (71 Stat. 517) is amended in the first sentence by inserting after “for other military purposes” the following: “and for purposes of meeting the needs of the homeless (as that term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302))”.
added
Modification of use—
added
Application— The State of California shall submit to the Administrator of General Services an application for use of the property conveyed by section 2 of Public Law 85–236 for purposes of meeting the needs of the homeless in accordance with the amendment made by subsection (a).
added
Review of application— Not later than 60 days after the date of receipt of an application pursuant to paragraph (1), the Administrator and the Secretary of Health and Human Services shall jointly determine whether the use of the property described in the application is a use for purposes of meeting the needs of the homeless.
added
Modification of instrument of conveyance— If the Administrator and the Secretary jointly determine that the use of the property described in the application is for purposes of meeting the needs of the homeless, the Administrator shall execute and record in the appropriate office an instrument of modification of the deed of conveyance executed pursuant to Public Law 85–236 in order to authorize such use of the property. The instrument shall include such additional terms and conditions as the Administrator considers appropriate to protect the interests of the United States.
added
Compatibility with military purposes— Before executing any instrument of modification of the deed of conveyance, the Administrator and the Secretary shall request a review by the Chief of the National Guard Bureau, in consultation with the Secretary of the Army, to ensure that any modification of the use of the property described in the application is compatible with the training of members of the National Guard and other military purposes.
Sec. 2851 Public notice regarding upcoming periods of Secretary of the Navy management of Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area
added
added
Public notice required— Section 2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1036) is amended by adding at the end the following new subparagraph:
added “(D) Public notice—Not later than one year before the date on which a 30-day period of Secretary of the Navy management of the Shared Use Area will start, the Secretary of the Navy, acting through the Resource Management Group established pursuant to section 2944, shall notify the public of the start date and the intention of the Armed Forces to use the Shared Use Area for military training purposes. The Secretary of the Navy, upon notice to the Secretary of the Interior, may waive such public notice in the event of an emergent military training requirement.”
added
Application of amendment— Subparagraph (D) of section 2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66; 127 Stat. 1036), as added by subsection (a), shall apply to periods of Secretary of the Navy management of the Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area under such section that start on or after January 1, 2021.
Sec. 2861 Short title
addedadded This subtitle may be cited as the “White Sands National Park Establishment Act”.
Sec. 2862 Definitions
addedadded In this subtitle:
added
Map— The term Map means the map entitled “White Sands National Park Proposed Boundary Revision & Transfer of Lands Between National Park Service & Department of the Army”, numbered 142/136,271, and dated February 14, 2017.
added
Military munitions— The term military munitions has the meaning given the term in section 101(e) of title 10, United States Code.
added
Missile Range— The term Missile Range means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
added
Monument— The term Monument means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 (54 U.S.C. 320301 note), dated January 18, 1933, and administered by the Secretary of the Interior.
added
Munitions debris— The term munitions debris has the meaning given the term in volume 8 of the Department of Defense Manual Number 6055.09–M entitled “DoD Ammunitions and Explosives Safety Standards” and dated February 29, 2008 (as in effect on the date of enactment of this Act).
added
National Park— The term National Park means the White Sands National Park established by this subtitle.
added
Public Land Order— The term Public Land Order means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
Sec. 2863 Findings
addedadded Congress finds the following:
added
White Sands National Monument was established on January 18, 1933, by President Herbert Hoover pursuant to the Antiquities Act of 1906 (now chapter 3203 of title 54, United States Code).
added
President Hoover proclaimed that the Monument was established “for the preservation of the white sands and additional features of scenic, scientific, and educational interest”.
added
The Monument was expanded by Presidents Roosevelt, Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978, and 1996, respectively.
added
The Monument contains a substantially more diverse set of nationally significant historical, archaeological, scientific, and natural resources than were known of at the time the Monument was established, including a number of recent discoveries.
added
The Monument is recognized as a major unit of the National Park System with extraordinary values enjoyed by more visitors each year since 1995 than any other unit in the State of New Mexico.
added
The Monument contributes significantly to the local economy by attracting tourists.
added
Designation of the Monument as a national park would increase public recognition of the diverse array of nationally significant resources at the Monument and visitation to the unit.
Sec. 2864 Establishment of White Sands National Park in the State of New Mexico
added
added
Establishment— To protect, preserve, and restore its scenic, scientific, educational, natural, geological, historical, cultural, archaeological, paleontological, hydrological, fish, wildlife, and recreational values and to enhance visitor experiences, there is established the White Sands National Park as a unit of the National Park System.
added
Abolishment of White Sands National Monument—
added
Abolishment— Due to the establishment of the National Park, the Monument is abolished.
added
Incorporation— The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the National Park.
added
References— Any reference in a law, map, regulation, document, paper, or other record of the United States to White Sands National Monument shall be considered to be a reference to White Sands National Park.
added
Availability of funds— Any funds available for the Monument shall be available for the National Park.
added
Administration— The Secretary of the Interior shall administer the National Park in accordance with—
added
this subtitle; and
added
the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of title 54, United States Code.
added
Effect— Nothing in this section affects—
added
valid existing rights (including water rights);
added
permits or contracts issued by the Monument;
added
existing agreements, including agreements with the Department of Defense;
added
the jurisdiction of the Department of Defense regarding the restricted airspace above the National Park; or
added
the airshed classification of the National Park under the Clean Air Act (42 U.S.C. 7401 et seq.).
Sec. 2865 Transfers of administrative jurisdiction related to the National Park and White Sands Missile Range
added
added
Transfer of administrative jurisdiction to the Secretary of the Interior—
added
In general— Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of the Army to the Secretary of the Interior.
added
Description of land— The land referred to in paragraph (1) consists of the following:
added
The approximately 2,826 acres of land identified as “To NPS, lands inside current boundary” on the Map.
added
The approximately 5,766 acres of land identified as “To NPS, new additions” on the Map.
added
Transfer of administrative jurisdiction to the Secretary of the Army—
added
In general— Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of the Interior to the Secretary of the Army.
added
Description of land— The land referred to in paragraph (1) consists of the approximately 3,737 acres of land identified as “To DOA” on the Map.
added
Administration—
added
National Park— The Secretary of the Interior shall administer the land transferred under subsection (a) in accordance with laws (including regulations) applicable to the National Park.
added
Missile range— Subject to subsection (d), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under subsection (b) as part of the Missile Range.
added
Infrastructure; resource management—
added
Range Road 7—
added
Infrastructure management— To the maximum extent practicable, in planning, constructing, and managing infrastructure on the land described in subparagraph (C), the Secretary of the Army shall apply low-impact development techniques and strategies to prevent impacts within the Missile Range and the National Park from stormwater runoff from the land described in that subparagraph.
added
Resource management— The Secretary of the Army shall—
added
manage the land described in subparagraph (C) in a manner consistent with the protection of natural and cultural resources within the Missile Range and the National Park and in accordance with section 101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a(a)(1)(B)), division A of subtitle III of title 54, United States Code, and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
added
include the land described in subparagraph (C) in the integrated natural and cultural resource management plan for the Missile Range.
added
Description of land— The land referred to in subparagraphs (A) and (B) is the land that is transferred to the administrative jurisdiction of the Secretary of the Army under subsection (b) and located in the area east of Range Road 7 in—
added
T. 17 S., R. 5 E., sec. 31;
added
T. 18 S., R. 5 E.; and
added
T. 19 S., R. 5 E., sec. 5.
added
Fence—
added
In general— The Secretary of the Army shall continue to allow the Secretary of the Interior to maintain the fence shown on the Map until such time as the Secretary of the Interior determines that the fence is unnecessary for the management of the National Park.
added
Removal— If the Secretary of the Interior determines that the fence is unnecessary for the management of the National Park under subparagraph (A), the Secretary of the Interior shall promptly remove the fence at the expense of the Department of the Interior.
added
Research— The Secretary of the Army and the Secretary of the Interior may enter into an agreement to allow the Secretary of the Interior to conduct certain research in the area identified as “Cooperative Use Research Area” on the Map.
added
Military munitions and munitions debris—
added
Response action— With respect to any Federal liability, the Secretary of the Army shall remain responsible for any response action addressing military munitions or munitions debris on the land transferred under subsection (a) to the same extent as on the day before the date of enactment of this Act.
added
Investigation of military munitions and munitions debris—
added
In general— The Secretary of the Interior may request that the Secretary of the Army conduct one or more investigations of military munitions or munitions debris on any land transferred under subsection (a).
added
Access— The Secretary of the Interior shall give access to the Secretary of the Army to the land covered by a request under subparagraph (A) for the purposes of conducting an investigation under that subparagraph.
added
Limitation— An investigation conducted under this paragraph shall be subject to available appropriations.
added
Applicable law— Any activities undertaken under this subsection shall be carried out in accordance with—
added
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
added
the purposes for which the National Park was established; and
added
any other applicable law.
Sec. 2866 Boundary modifications related to the National Park and Missile Range
added
added
National Park—
added
In general— The boundary of the National Park is revised to reflect the boundary depicted on the Map.
added
Map—
added
In general— The Secretary of the Interior, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection in the appropriate office of the Secretary of the Interior a map and a legal description of the revised boundary of the National Park.
added
Effect— The map and legal description under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the map and legal description.
added
Boundary survey— As soon as practicable after the date of the establishment of the National Park and subject to the availability of funds, the Secretary of the Interior shall complete an official boundary survey of the National Park.
added
Missile range—
added
In general— The boundary of the Missile Range and the Public Land Order are modified to exclude the land transferred to the Secretary of the Interior under subsection (a) of section 2865 and to include the land transferred to the Secretary of the Army under subsection (b) of such section.
added
Map— The Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the Missile Range.
added
Conforming amendment— Section 2854 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 54 U.S.C. 320301 note), relating to the modification of boundaries of the Monument and the Missile Range, is repealed.
Sec. 2871 Installation and maintenance of fire extinguishers in Department of Defense facilities
addedadded The Secretary of Defense shall ensure that portable fire extinguishers are installed and maintained in all Department of Defense facilities in accordance with requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council that require redundancy and extinguishers throughout occupancies regardless of the presence of other suppression systems or alarm systems.
Sec. 2872 Definition of community infrastructure for purposes of military base reuse studies and community planning assistance
addedadded Paragraph (4) of section 2391(e) of title 10, United States Code, is amended to read as follows:
added “(4)
added “(A) The term “community infrastructure” means a project or facility described in subparagraph (B) that—
added “(i) is located off of a military installation; and
added “(ii) is—
added “(I) owned by a State or local government; or
added “(II) a not-for-profit, member owned utility service.
added “(B) A project or facility described in this subparagraph is any of the following:
added “(i) Any transportation project.
added “(ii) A school, hospital, police, fire, emergency response, or other community support facility.
added “(iii) A water, waste-water, telecommunications, electric, gas, or other utility infrastructure project.”
Sec. 2873 Report on vulnerabilities from sea level rise to certain military installations located outside the continental United States
added
added
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on vulnerabilities from sea level rise to covered installations located outside of the continental United States.
added
Contents— For each covered installation, the report required by subsection (a) shall include the following:
added
An analysis of the impacts to the operations, contingency plans, and readiness of such installation from a sea level rise.
added
A discussion of mitigation efforts, including dredging, reclaiming land, and island building, that may be necessary due to a sea level rise—
added
to ensure the continued operational viability of such installation; and
added
to increase the resiliency of such installation.
added
The estimated costs of the efforts discussed under paragraph (2).
added
An identification of alternative locations for the continuance of operations of such installation if such installation is rendered inoperable.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
added
Covered installation defined— In this section, the term “covered installation” means the following military installations:
added
Naval Support Facility Diego Garcia.
added
Ronald Reagan Ballistic Missile Defense Test Site.
Sec. 2874 Black start exercises at Joint Bases
added
added
Requirement— Not later than September 30, 2020, the Secretary of Defense shall conduct a black start exercise at three Joint Bases at which such exercise has not previously been conducted, for the purpose of identifying any shortcomings in infrastructure, joint operations, joint coordination, and security that would result from a loss of power at the site.
added
Report— Not later than June 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that contains a discussion of lessons learned from black start exercises conducted by the Secretary of Defense during the period beginning with the first such exercise and ending on December 31, 2019, including the three most recurring issues identified as a result of such exercises with respect to infrastructure, joint coordination efforts, and security.
added
Black start exercise defined— In this section, the term “black start exercise” means, with respect to a military installation, an exercise in which commercial utility power at the installation is dropped before backup generation assets start, for the purpose of—
added
testing the ability of the backup systems to start, transfer the load, and carry the load until commercial power is restored;
added
aligning stakeholders on critical energy requirements to meet mission requirements;
added
validating mission operation plans, such as continuity of operations plans;
added
identifying infrastructure interdependencies; and
added
verifying backup electric power system performance.
Sec. 2901 Authorized Army construction and land acquisition projects
added
added
Authorization— Subject to subsection (b), the Secretary of the Army may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
added
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
Sec. 2902 Authorized Navy construction and land acquisition projects
added
added
Authorization— Subject to subsection (b), the Secretary of the Navy may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
added
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
Sec. 2903 Authorized Air Force construction and land acquisition projects
added
added
Authorization— Subject to subsection (b), the Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
added
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing a plan to carry out each military construction project authorized in the final item in the table in subsection (a) for an unspecified location for the European Deterrence Initiative. The plan shall include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report has been submitted.
Sec. 2904 Authorized defense agencies construction and land acquisition projects
addedadded The Secretary of Defense may acquire real property and carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following table:
Sec. 2905 Authorization of appropriations
addedadded Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602.
Sec. 3001 Authorization of emergency Navy construction and land acquisition projects
addedadded 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:
Sec. 3002 Authorization of emergency Air Force construction and land acquisition projects
added
added
Air Force Authorization— Subject to subsection (b), pursuant to section 2802 of title 10, United States Code, the following real property acquisition and military construction projects, in the following amounts, are authorized:
added
Report required as condition of authorization— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a plan to carry out the military construction projects authorized by this section. The plan shall include an explanation of how each military construction project will incorporate mitigation measures that reduce the threat from extreme weather events, mean sea level fluctuation, flooding, and any other known environmental threat to resilience, including a list of any areas in which there is a variance from the local building requirements and an explanation of the reason for the variance. The plan shall also include a Department of Defense Form 1391 for each proposed project. The Secretary may not commence a project until the report required from the Secretary has been submitted.
Sec. 3003 Authorization of emergency Army National Guard and Army Reserve construction and land acquisition projects
added
added
Army National Guard Authorization— Pursuant to section 2802 of title 10, United States Code, the following real property acquisition and military construction projects, in the following amounts, are authorized:
added
Army Reserve Authorization— Pursuant to section 2805 of title 10, United States Code, unspecified minor construction, in the amount set forth in the following table, is authorized:
Sec. 3101 National Nuclear Security Administration
added
added
Authorization of appropriations— Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
added
Authorization of new plant projects— From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:
Sec. 3102 Defense environmental cleanup
addedadded Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
Sec. 3103 Other defense activities
addedadded Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for other defense activities in carrying out programs as specified in the funding table in section 4701.
Sec. 3104 Nuclear energy
addedadded Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for nuclear energy as specified in the funding table in section 4701.
Sec. 3111 Personnel levels of the Office of the Administrator for Nuclear Security
added
added
Personnel levels—
added
Increase— Subsection (a) of section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended by striking “1,690” both places it appears and inserting “1,890”.
added
Technical amendments— Such subsection is further amended—
added
in paragraph (1), by striking “By October 1, 2015, the” and inserting “The”; and
added
in paragraph (2), by striking “2016” and inserting “2020”.
added
Reports on service support contracts— Subsection (f) of such section is amended—
added
in the matter preceding paragraph (1), by striking “as of the date of the report” and inserting “for the most recent fiscal year for which data is available”; and
added
by striking paragraph (5) and inserting the following new paragraphs:
added “(5) With respect to each contract identified under paragraph (2)—
added “(A) identification of each appropriations account that supports the contract; and
added “(B) the amount obligated under the contract during the fiscal year, listed by each such account.
added “(6) With respect to each appropriations account identified under paragraph (5)(A), the total amount obligated for contracts identified under paragraph (2).”
Sec. 3112 Office of Cost Estimating and Program Evaluation
added
added
Sense of Congress— It is the sense of Congress that Congress is concerned that the staffing levels of the Office of Cost Estimating and Program Evaluation of the National Nuclear Security Administration have been persistently below the authorized level.
added
Reporting— Section 3221(b)(1) of the National Nuclear Security Administration Act (50 U.S.C. 2411(b)(1)) is amended by adding at the end the following new sentence: “The Director shall report directly to the Administrator.”.
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall provide to the congressional defense committees a briefing on the plan of the Administrator to fully staff the Office of Cost Estimating and Program Evaluation of the National Nuclear Security Administration pursuant to section 3221(f) of the National Nuclear Security Administration Act (50 U.S.C. 2411(f)).
Sec. 3113 Clarification of certain Stockpile Responsiveness Program objectives
addedadded Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C. 2538b(c)) is amended—
added
in paragraph (3), by striking “capabilities required, including prototypes” and inserting “capabilities as required, such as through the use of prototypes”; and
added
in paragraph (6)—
added
by striking “in consultation with the Director of National Intelligence” and inserting “in coordination with the Director of National Intelligence”; and
added
by inserting “if needed to meet intelligence requirements” after “foreign countries”.
Sec. 3114 Modification to plutonium pit production capacity
added
added
Finding and sense of Congress—
added
Finding— Congress finds that a recent study by the Institute of Defense Analyses notes, “a key milestone will be achieving the Plutonium Sustainment Program goal of 30 pits per year at Los Alamos National Laboratory”.
added
Sense of Congress— It is the sense of Congress that the National Nuclear Security Administration should prioritize achieving production of 30 pits per year at Los Alamos National Laboratory and ensure that efforts to design and construct a second site do not divert resources, including personnel and funding, from Los Alamos National Laboratory.
added
2027 requirement— Section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended—
added
in subsection (a)—
added
in paragraph (3), by inserting “and” after the semicolon;
added
in paragraph (4), by striking “; and” and inserting a period; and
added
by striking paragraph (5);
added
by striking subsection (b); and
added
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
added
Conforming amendment— Subsection (b) of such section, as redesignated by subsection (b), is amended by striking “(or, if the authority under subsection (b) is exercised, 2029)”.
Sec. 3115 Annual certification of shipments to Waste Isolation Pilot Plant
addedadded Section 3115(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2759), as amended by section 3137 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2303), is further amended, in the matter preceding paragraph (1), by striking “three-year period” and inserting “10-year period”.
Sec. 3116 Repeal of limitation on availability of funds for acceleration of nuclear weapons dismantlement
addedadded Section 3125 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2766) is repealed.
Sec. 3117 Elimination of limitation on availability of funds relating to submission of annual reports on unfunded priorities
addedadded Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is amended—
added
by striking subsection (c); and
added
by redesignating subsection (d) as subsection (c).
Sec. 3118 Program for research and development of advanced naval nuclear fuel system based on low-enriched uranium
added
added
Establishment— Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall establish a program to assess the viability of using low-enriched uranium in naval nuclear propulsion reactors, including such reactors located on aircraft carriers and submarines, that meet the requirements of the Navy.
added
Activities— In carrying out the program under subsection (a), the Administrator shall carry out activities to develop an advanced naval nuclear fuel system based on low-enriched uranium, including activities relating to—
added
down-blending of high-enriched uranium into low-enriched uranium;
added
manufacturing of candidate advanced low-enriched uranium fuels;
added
irradiation tests and post-irradiation examination of these fuels; and
added
modification or procurement of equipment and infrastructure relating to such activities.
added
Report— Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a plan outlining the activities the Administrator will carry out under the program established under subsection (a), including the funding requirements associated with developing a low-enriched uranium fuel.
Sec. 3119 Replacement of W78 warhead
added
added
Analysis of Alternatives—
added
In general— The Administrator for Nuclear Security shall conduct an analysis of alternatives with respect to replacing the W78 warhead. Such analysis shall describe the technical risks and costs for each option to replace the W78 warhead.
added
Review— The Director for Cost Estimating and Program Evaluation of the National Nuclear Security Administration shall review the analysis of alternatives under paragraph (1).
added
Report— Not later than 150 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report on the replacement of the W78 warhead. Such report shall include the analysis of alternatives under paragraph (1) and the review under paragraph (2).
added
Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the National Nuclear Security Administration for the modernization of the W78 warhead, not more than 75 percent may be obligated or expended until the date on which the report is submitted under subsection (a)(3).
added
Independent study—
added
In general— The Administrator shall seek to enter into an arrangement with the private scientific advisory group known as JASON to conduct a study of the plan of the Administrator to replace the W78 warhead. Such study shall include—
added
an assessment of the risks to certification; and
added
the need for planned upgrades to such warhead.
added
Submission— Not later than 150 days after the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees the study under paragraph (1), without change.
Sec. 3120 National Laboratory Jobs Access Program
added
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary may establish a program known as the “Department of Energy National Lab Jobs ACCESS Program”, under which the Secretary may award, on a competitive basis, 5-year grants to eligible entities described in subsection (c) for the Federal share of the costs of technical, skills-based preapprenticeship and apprenticeship programs that provide employer-driven or recognized postsecondary credentials during the grant period.
added
Requirements— A program funded by a grant awarded under this section shall develop and deliver customized and competency-based training that—
added
leads to recognized postsecondary credentials for secondary school and postsecondary students;
added
is focused on skills and qualifications needed, as determined by the Department of Energy in consultation with the national laboratories, to meet the immediate and on-going needs of traditional and emerging technician positions (including machinists and cyber security technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration;
added
creates an apprenticeship or preapprenticeship program in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration; and
added
creates an apprenticeship or preapprenticeship program registered with and approved by the Secretary of Labor or a State Apprenticeship Agency.
added
Eligible Entities— An entity that is eligible to receive a grant under this section shall be a workforce intermediary or an eligible sponsor of a preapprenticeship or an apprenticeship program that—
added
demonstrates experience in implementing and providing career planning and career pathways towards apprenticeship or preapprenticeship programs;
added
added
has a relationship with a National Laboratory or covered facility of the National Nuclear Security Administration;
added
has knowledge of technician workforce needs of such laboratory or facility and the associated security requirements of such laboratory or facility; and
added
is eligible to enter into an agreement with such laboratory or facility that would be paid for in part or entirely from grant funds received under this section;
added
demonstrates the ability to recruit and support individuals who plan to work in relevant technician positions upon the successful completion of such programs;
added
provides students who complete such programs with a recognized postsecondary credential, such as a journeyman craft license or an industry-recognized certification;
added
uses a customized training curriculum that is specifically aligned with employers, utilizing workplace learning advisors and on-the-job training to the greatest extent possible; and
added
demonstrates successful outcomes connecting graduates of such programs to careers relevant to such programs.
added
Applications— An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
added
Priority— In selecting eligible entities to receive grants under this section, the Secretary shall prioritize an eligible entity that—
added
is a member of an industry or sector partnership;
added
provides the training described in subsection (b)—
added
at an institution of higher education (such as a community college) that includes basic science, technology, and mathematics education in the curriculum;
added
through an apprenticeship program that was registered with the Department of Labor or a State Apprenticeship Agency before the date on which the eligible entity applies for the grant under subsection (d); or
added
with respect to a preapprenticeship program, at a local educational agency, a secondary school, a provider of adult education, an area career and technical education school, or an appropriate community facility;
added
works with the Secretary of Defense, Secretary of Veteran Affairs, or veterans organizations to transition members of the Armed Forces and veterans to apprenticeship or preapprenticeship programs in a relevant sector;
added
plans to use the grant to carry out the training described in subsection (b) with an entity that receives State funding or is operated by a State agency; and
added
plans to use the grant to carry out the training described in subsection (b) for—
added
young adults ages 16 to 29, inclusive; or
added
individuals with barriers to employment.
added
Additional consideration— In making grants under this section, the Secretary shall consider regional diversity.
added
Limitation on applications— An eligible entity may not submit, either individually or as part of a joint application, more than 1 application for a grant under this section during any 1 fiscal year.
added
Limitations on amount of grant— The amount of a grant provided under this section for any 24-month period of the 5-year grant period shall not exceed $500,000.
added
Non-Federal share— The non-Federal share of the cost of a customized training program carried out using a grant under this section shall be not less than 25 percent of the total cost of the program.
added
Technical assistance— The Secretary may provide technical assistance to eligible entities described in subsection (c) to leverage the existing job training and education programs of the Department of Labor and other relevant programs at appropriate Federal agencies.
added
Report—
added
In general— Not less than once every 2 years, the Secretary of Labor shall submit to Congress, and make publicly available on the website of the Department of Labor, a report on the program established under this section, including—
added
a description of—
added
any entity that receives a grant under this section;
added
any activity carried out using the grants under this section; and
added
best practices used to leverage the investment of the Federal Government under this section; and
added
an assessment of the results achieved by the program established under this section, including the rate of employment for participants after completing a job training and education program carried out using a grant under this section.
added
Provision of information— The Secretary of Energy shall provide such information as necessary to the Secretary of Labor for purposes of the report under paragraph (1).
added
Performance reports— Not later than one year after the start of a new apprenticeship or preapprenticeship program established under this section, and annually thereafter, the entity carrying out the programs shall submit to the Secretary of Labor a report on the effectiveness of the program based on the accountability measures described in clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)).
added
Definitions— In this section:
added
ESEA terms— The terms local educational agency and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
added
WIOA terms— The terms career planning, community-based organization, customized training, economic development agency, individual with a barrier to employment, industry or sector partnership, on-the-job training, recognized postsecondary credential, and workplace learning advisor have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
added
Apprenticeship— The term apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
added
Area career and technical education school— The term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
added
Community college— The term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
added
Covered facility of the National Nuclear Security Administration— The term covered facility of the National Nuclear Security Administration means a national security laboratory or a nuclear weapons production facility as such terms are defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501).
added
Eligible Sponsor— The term eligible sponsor means a public organization or an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code, that—
added
with respect to an apprenticeship program, administers such program through a partnership that may include—
added
an industry or sector partnership;
added
an employer or industry association;
added
a labor-management organization;
added
a local workforce development board or State workforce development board;
added
a 2- or 4-year institution of higher education that offers an educational program leading to an associate’s or bachelor’s degree in conjunction with a certificate of completion of apprenticeship;
added
the Armed Forces (including the National Guard and Reserves);
added
a community-based organization; or
added
an economic development agency; and
added
with respect to a preapprenticeship program, is a local educational agency, a secondary school, an area career and technical education school, a provider of adult education, a State workforce development board, a local workforce development board, or a community-based organization, that administers such program with any required coordination and necessary approvals from the Secretary of Labor or a State department of labor.
added
Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
added
Local workforce development board— The term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
added
National Laboratory— The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
added
Provider of adult education— The term provider of adult education has the meaning given that term in section 203 of the Adult Education and Literacy Act (29 U.S.C. 3272).
added
Related instruction— The term related instruction means an organized and systematic form of instruction designed to provide an apprentice with the knowledge of the technical subjects related to the occupation of the apprentice.
added
Secretary— The term Secretary means the Secretary of Energy, in consultation with the Secretary of Labor, except as otherwise specified in this Act.
added
State workforce development board— The term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
added
Workforce intermediary— The term workforce intermediary—
added
means an organization that proactively addresses workforce needs using a dual customer approach, which considers the needs of both employees and employers; and
added
may include a community organization, an employer organization, a community college, a temporary staffing agency, a State workforce development board, a local workforce development board, or a labor organization.
Sec. 3201 Authorization
addedadded There are authorized to be appropriated for fiscal year 2020, $29,450,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
Sec. 3202 Improvements to Defense Nuclear Facilities Safety Board
added
added
Staff—
added
Sense of Congress— It is the sense of Congress that the Defense Nuclear Facilities Safety Board is not adequately staffed, particularly given the ongoing increase in defense nuclear activities during the decade following the date of the enactment of this Act.
added
Executive Director of Operations—
added
Establishment of position— Subsection (b) of section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is amended by adding at the end the following new paragraph:
added “(3)
added “(A) The Board shall have an Executive Director of Operations who shall be appointed under section 311(c)(7).
added “(B) The Executive Director of Operations shall report to the Chairman.
added “(C) The Executive Director of Operations shall be the senior employee of the Board responsible for—
added “(i) general administration and technical matters;
added “(ii) ensuring that the members of the Board are fully and currently informed with respect to matters for which the members are responsible; and
added “(iii) the functions delegated by the Chairman pursuant to section 311(c)(3)(B).”
added
Delegation of functions— Paragraph (3) of section 311(c) of such Act (42 U.S.C. 2286(c)) is amended—
added
by striking “The Chairman” and inserting “(A) The Chairman”; and
added
by adding at the end the following new subparagraph:
added “(B) In carrying out subparagraph (A), the Chairman shall delegate to the Executive Director of Operations established under section 313(b)(3) the following functions:
added “(i) Administrative functions of the Board.
added “(ii) Appointment and supervision of employees of the Board not specified under paragraph (7).
added “(iii) Distribution of business among the employees and administrative units and offices of the Board.
added “(iv) Preparation of—
added “(I) proposals for the reorganization of the administrative units or offices of the Board;
added “(II) the budget estimate for the Board; and
added “(III) the proposed distribution of funds according to purposes approved by the Board.”
added
Appointment and removal powers— Paragraph (7) of such section 311(c) is amended to read as follows:
added “(7)
added “(A) The Chairman, subject to the approval of the Board, shall appoint the senior employees described in subparagraph (C). Any member of the Board may propose to the Chairman an individual to be so appointed.
added “(B) The Chairman, subject to the approval of the Board, may remove a senior employee described in subparagraph (C). Any member of the Board may propose to the Chairman an individual to be so removed.
added “(C) The senior employees described in this subparagraph are the following senior employees of the Board:
added “(i) The Executive Director of Operations established under section 313(b)(3).
added “(ii) The general counsel.”
added
Full-time equivalent personnel levels— Section 313(b)(1)(A) of such Act (42 U.S.C. 2286b(b)(1)(A)) is amended by striking “but not ” and all that follows through the semicolon and inserting “but not fewer than the equivalent of 110 full-time employees and not more than the equivalent of 130 full-time employees;”.
added
Public health and safety— Section 312(a) of such Act (42 U.S.C. 2286a(a)) is amended by inserting before the period at the end the following: “, including with respect to the health and safety of employees and contractors at such facilities”.
added
Access to facilities, personnel, and information— Section 314 of such Act (42 U.S.C. 2286c) is amended—
added
in subsection (a)—
added
by striking “The Secretary of Energy” and inserting “Except as specifically provided by this section, the Secretary of Energy”;
added
by striking “ready access” both places it appears and inserting “prompt and unfettered access”; and
added
by adding at the end the following new sentence: “The access provided to facilities, personnel, and information under this subsection shall be provided without regard to the hazard or risk category assigned to a facility by the Secretary.”; and
added
by striking subsection (b) and inserting the following new subsections:
added “(b) Authority of Secretary deny information—The Secretary may only deny access to information pursuant to subsection (a)—
added “(1) to any person who—
added “(A) has not been granted an appropriate security clearance or access authorization by the Secretary; or
added “(B) does not need such access in connection with the duties of such person; or
added “(2) if such denial is authorized by a provision of Federal law that specifically limits the right of the Board to access such information.
added “(c) Application of nondisclosure protections by Board—The Board may not publicly disclose information provided under this section if such information is otherwise protected from disclosure by law, including deliberative process information.”
Sec. 3401 Authorization of appropriations
added
added
Amount— There are hereby authorized to be appropriated to the Secretary of Energy $14,000,000 for fiscal year 2020 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves.
added
Period of availability— Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.
Sec. 3501 Authorization of the Maritime Administration
addedadded There are authorized to be appropriated to the Department of Transportation for fiscal year 2020, to be available without fiscal year limitation if so provided in appropriations Acts, for programs associated with maintaining the United States merchant marine, the following amounts:
added
For expenses necessary for operations of the United States Merchant Marine Academy, $81,944,000, of which—
added
$77,944,000 shall be for Academy operations; and
added
$4,000,000 shall remain available until expended for capital asset management at the Academy.
added
For expenses necessary to support the State maritime academies, $38,480,000, of which—
added
$2,400,000 shall remain available until September 30, 2020, for the Student Incentive Program;
added
$30,080,000 shall remain available until expended for maintenance and repair of State maritime academy training vessels; and
added
$6,000,000 shall remain available until expended for direct payments to such academies.
added
For expenses necessary to support the National Security Multi-Mission Vessel Program, $300,000,000, which shall remain available until expended.
added
For expenses necessary to support Maritime Administration operations and programs, $53,273,000.
added
For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $5,000,000, which shall remain available until expended.
added
For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $300,000,000.
added
For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—
added
$30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and
added
$3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
added
For expenses necessary to provide small shipyards and maritime communities grants under section 54101 of title 46, United States Code, $35,000,000.
Sec. 3502 Reauthorization of Maritime Security Program
added
added
Award of operating agreements— Section 53103 of title 46, United States Code, is amended by striking “2025” each place it appears and inserting “2035”.
added
Effectiveness of operating agreements— Section 53104(a) of title 46, United States Code, is amended by striking “2025” and inserting “2035”.
added
Payments— Section 53106(a)(1) of title 46, United States Code, is amended—
added
in subparagraph (B), by striking “and”;
added
in subparagraph (C), by striking “$3,700,000 for each of fiscal years 2022, 2023, 2024, and 2025.” and inserting “$5,300,000 for each of fiscal years 2022, 2023, 2024, and 2025; and”; and
added
by adding at the end the following new subparagraphs:
added “(D) $5,800,000 for each of fiscal years 2026, 2027, and 2028;
added “(E) $6,300,000 for each of fiscal years 2029, 2030, and 2031; and
added “(F) $6,800,000 for each of fiscal years 2032, 2033, 2034, and 2035.”
added
Authorization of appropriations— Section 53111 of title 46, United States Code, is amended—
added
in paragraph (2), by striking “and”;
added
in paragraph (3), by striking “$222,000,000 for each fiscal year thereafter through fiscal year 2025.” and inserting “$318,000,000 for each of fiscal years 2022, 2023, 2024, and 2025;”; and
added
by adding at the end the following new paragraphs:
added “(4) $348,000,000 for each of fiscal years 2026, 2027, and 2028;
added “(5) $378,000,000 for each of fiscal years 2029, 2030, and 2031; and
added “(6) $408,000,000 for each of fiscal years 2032, 2033, 2034, and 2035.”
Sec. 3503 Maritime Occupational Safety and Health Advisory Committee
addedadded Section 7 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 656) is amended by adding at the end the following:
added “(d) There is established a Maritime Occupational Safety and Health Advisory Committee, which shall be a continuing body and shall provide advice to the Secretary in formulating maritime industry standards and regarding matters pertaining to the administration of this Act related to the maritime industry. The composition of such advisory committee shall be consistent with the advisory committees established under subsection (b). A member of the advisory committee who is otherwise qualified may continue to serve until a successor is appointed. The Secretary may promulgate or amend regulations as necessary to implement this subsection.”
Sec. 3511 Tanker Security Fleet
added
added
In general— Subtitle VII of title 46, United States Code, is amended by adding at the end the following:
added “707 Tanker Security Fleet
added “70701. Definitions
added “In this chapter:
added “(1) Foreign commerce—The term “foreign commerce” means—
added “(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
added “(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.
added “(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.
added “(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.
added “(4) Tank vessel—The term “tank vessel” has the meaning that term has under section 2101 of this title.
added “(5) United states citizen trust—The term “United States citizen trust”—
added “(A) means a trust for which—
added “(i) each of the trustees is a citizen of the United States; and
added “(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;
added “(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
added “(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.
added “70702. Establishment of the Tanker Security Fleet
added “(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”).
added “(b) Vessel Eligibility—A vessel is eligible to be included in the Fleet if the vessel—
added “(1) meets the requirements under paragraph (1), (2), (3), or (4) of subsection (c);
added “(2) is operated (or in the case of a vessel to be constructed, will be operated) in providing transportation in United States foreign commerce;
added “(3) is self-propelled;
added “(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;
added “(5) is determined by the Secretary of Defense to be suitable for use by the United States for national defense or military purposes in time of war or national emergency; and
added “(6) is commercially viable, as determined by the Secretary of Transportation; and
added “(7) is—
added “(A) a vessel of the United States; or
added “(B) not a vessel of the United States, but—
added “(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
added “(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.
added “(c) Requirements regarding citizenship of owners, charterers, and operators
added “(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.
added “(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—
added “(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be—
added “(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
added “(ii) demise chartered to a person—
added “(I) that is eligible to document the vessel under chapter 121 of this title;
added “(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
added “(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;
added “(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
added “(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.
added “(3) Vessels owned and operated by a defense owner or operator—A vessel meets the requirements of this paragraph if—
added “(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—
added “(i) is eligible to document a vessel under chapter 121 of this title;
added “(ii) operates or manages other vessels of the United States for the Secretary of Defense, or charters other vessels to the Secretary of Defense;
added “(iii) has entered into a special security agreement for the purpose of this paragraph with the Secretary of Defense;
added “(iv) makes the certification described in paragraph (2)(A)(ii)(III); and
added “(v) in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that subparagraph; and
added “(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.
added “(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—
added “(A) owned by a person who is eligible to document a vessel under chapter 121 of this title; and
added “(B) demise chartered to a person that is a citizen of the United States under section 50501 of this title.
added “(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.
added “(e) Vessel standards
added “(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—
added “(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;
added “(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
added “(C) the country has not been identified by the Commandant of the Coast Guard as inadequately enforcing international vessel regulations as to that vessel.
added “(2) Reliance on classification society
added “(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).
added “(B) Foreign classification society—The Secretary may accept certification from a foreign classification society under subparagraph (A) only—
added “(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
added “(ii) if the foreign classification society has offices and maintains records in the United States.
added “70703. Vessel standards
added “(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—
added “(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;
added “(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
added “(3) that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.
added “(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).
added “(c) Reliance on Classification Society
added “(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).
added “(2) Foreign classification society—The Secretary may accept certification from a foreign classification society under paragraph (1) only—
added “(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
added “(B) if the foreign classification society has offices and maintains records in the United States.
added “70704. Award of operating agreements
added “(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.
added “(b) Procedure for applications
added “(1) Participating Fleet vessels
added “(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.
added “(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).
added “(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.
added “(2) Discretion within priority—The Secretary of Transportation—
added “(A) may award operating agreements under paragraph (1) according to such priorities as the Secretary considers appropriate; and
added “(B) shall award operating agreements within any such priority—
added “(i) in accordance with operational requirements specified by the Secretary of Defense;
added “(ii) in the case of operating agreements awarded under subparagraph (B) of paragraph (1), according to applicants’ records of owning and operating vessels; and
added “(iii) subject to approval of the Secretary of Defense.
added “(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.
added “70705. Effectiveness of operating agreements
added “(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.
added “(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.
added “(c) Termination
added “(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—
added “(A) the Secretary shall notify the owner or operator and provide a reasonable opportunity to comply with the operating agreement; and
added “(B) the Secretary shall terminate the operating agreement if the owner or operator fails to achieve such compliance.
added “(2) Termination by owner or operator
added “(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.
added “(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—
added “(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
added “(ii) the Secretary of Transportation, in coordination with the Secretary of Defense, determines that—
added “(I) an application for an operating agreement under this chapter has been received for a replacement vessel that is acceptable to the Secretaries; and
added “(II) during the period of an operating agreement under this chapter that applies to the replacement vessel, the replacement vessel will be—
added “(aa) owned and operated by one or more persons that are citizens of the United States under section 50501 of this title; or
added “(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.
added “(d) Nonrenewal for lack of funds
added “(1) In general—If sufficient funds are not made available to carry out an operating agreement under this chapter—
added “(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
added “(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.
added “(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.
added “(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.
added “(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.
added “70706. Obligations and rights under operating agreements
added “(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—
added “(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;
added “(2) not be operated in the coastwise trade except as described in paragraph (1); and
added “(3) be documented under chapter 121 of this title.
added “(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.
added “(c) Obligations of owner or operator
added “(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.
added “(2) Requirements—The requirements described in this paragraph are the following:
added “(A) To continue the documentation of the vessel under chapter 121 of this title.
added “(B) To be bound by the requirements of section 70708 of this title.
added “(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.
added “(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.
added “(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—
added “(1) the commercial viability of the vessel;
added “(2) the utility of the vessel with respect to the operating requirements of the owner or operator; and
added “(3) ensuring that the commercial and military utility of any replacement vessel is not less than that of the initial vessel.
added “70707. Payments
added “(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.
added “(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.
added “(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—
added “(1) not operated or maintained in accordance with an operating agreement under this chapter; or
added “(2) more than 25 years of age.
added “(d) Reductions in payments—With respect to payments under this chapter for a vessel covered by an operating agreement, the Secretary—
added “(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;
added “(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
added “(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.
added “(e) Limitations regarding noncontiguous domestic trade
added “(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.
added “(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.
added “(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.
added “70708. National security requirements
added “(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.
added “(b) Terms of agreement—The terms of an agreement under this section—
added “(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;
added “(2) shall include such additional terms as may be established by the Secretary of Transportation and the Secretary of Defense; and
added “(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.
added “(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.
added “(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.
added “(e) Compensation
added “(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.
added “(2) Specific requirements—Compensation under this subsection—
added “(A) shall not be less than the owner or operator’s commercial market charges for like transportation resources;
added “(B) shall be fair and reasonable considering all circumstances;
added “(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
added “(D) shall be in addition to and shall not in any way reflect amounts payable under section 70707 of this title.
added “(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—
added “(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
added “(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.
added “(g) Redelivery and Liability of the United States for Damages
added “(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.
added “(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.
added “70709. Regulatory relief
added “(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.
added “(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.
added “(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—
added “(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;
added “(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and
added “(3) at the end of its useful life, such equipment shall be replaced with equipment that meets Federal Communications Commission equipment certification standards.
added “70710. Special rule regarding age of participating Fleet vessels
added “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.
added “70711. Regulations
added “The Secretary of Transportation and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
added “70712. Authorization of appropriations
added “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.
added “70713. Acquisition of Fleet vessels
added “(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.
added “(b) Requirements—To be eligible for acquisition by the Secretary of Transportation under this section a vessel shall—
added “(1) have been covered by an operating agreement under this chapter for not less than three years; and
added “(2) meet recapitalization requirements for the Ready Reserve Force.
added “(c) Fair market value—A fair market value shall be established by the Maritime Administration for acquisition of an eligible vessel under this section.
added “(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.”
added
Clerical amendment— The table of chapters for subtitle VII of title 46, United States Code, is amended by adding at the end the following:
added
Deadline for accepting applications—
added
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.
added
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—
added
approve the application and enter into an operating agreement with the applicant; or
added
provide to the applicant a written explanation for the denial of the application.
Sec. 4001 Authorization of amounts in funding tables
added
added
In general— Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
added
Merit-based decisions— A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
added
be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
added
comply with other applicable provisions of law.
added
Relationship to transfer and programming authority— An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1512 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
added
Applicability to classified annex— This section applies to any classified annex that accompanies this Act.
added
Oral and written communications— No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.