Division A — Department of Defense Authorizations

S. 2840 · 116th Congress · Nov 12, 2019 · Lineage

A Department of Defense Authorizations

I Procurement

A Authorization of Appropriations

Sec. 101 Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

E Defense-wide, Joint, and Multiservice Matters

Sec. 153 Economic order quantity contracting authority for F–35 Joint Strike Fighter program

The Secretary of Defense is authorized to award multiyear contractsfor the procurement of F-35 aircraft in economic order quantities forfiscal year 2021 (Lot 15) through fiscal year 2023 (Lot 17).

II Research, Development, Test, and Evaluation

A Authorization of Appropriations

Sec. 201 Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development ,test, and evaluation, as specified in the funding table in section 4201.

B Program Requirements, Restrictions, and Limitations

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

(a)

In general— Subsection (a) of section 1599h of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) Joint artificial intelligence center—The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.”

(b)

Scope of appointment authority— Subsection (b)(1) of such section is amended—

(1)

in subparagraph (D), by striking “and” at the end;

(2)

in subparagraph (E), by adding “and” at the end; and

(3)

by adding at the end the following new subparagraph:

“(F) in the case of the Joint Artificial Intelligence Center, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Center;”

(c)

Extension of terms of appointment— Subsection (c)(2) of such section is amended by striking “or the Defense Innovation Unit Experimental” and inserting “the Defense Innovation Unit Experimental, or the Joint Artificial Intelligence Center”.

III Operation and Maintenance

A Authorization of Appropriations

Sec. 301 Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

C Logistics and Sustainment

Sec. 332 Modification to limitation on length of overseas forward deployment of naval vessels

Section 323 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection (c):

“(c) Extension of limitation on length of overseas forward deployment for U.S.S. Shiloh (CG–67)—Notwithstanding subsection (b), the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG-67) is assigned a homeport in the United States by not later than September 30, 2023.”

E Other Matters

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

Section 2642(b) of title 10, United States Code, is amended by striking “October 1, 2019” and inserting “October 1, 2024”.

IV Military Personnel Authorizations

C Authorization of Appropriations

Sec. 421 Military personnel

(a)

Authorization of appropriations— Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

(b)

Construction of authorization— The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2020.

V Military Personnel Policy

Sec. 572 Impact aid for children with severe disabilities

(a)

In general— Of the amount authorized to be appropriated for fiscal year 2020 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

(b)

Use of certain amount— Of the amount available under subsection (a) for payments as described in that subsection, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities.

VI Compensation and Personnel Benefits

B Bonuses and Special and Incentive Pays

Sec. 611 One-year extension of certain expiring bonus and special pay authorities

(a)

Authorities relating To reserve forces— Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.

(b)

Title 10 authorities relating to health care professionals— The following sections of title 10, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c)

Authorities relating to nuclear officers— Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.

(d)

Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities— The following sections of title 37, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5)

Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6)

Section 351(h), relating to hazardous duty pay.

(7)

Section 352(g), relating to assignment pay or special duty pay.

(8)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(9)

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e)

Authority to provide temporary increase in rates of basic allowance for housing— Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.

VIII Acquisition Policy, Acquisition Management, and Related Matters

Sec. 804 Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan

Section 801(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399), as most recently amended by section 1214 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1649), is further amended by striking “December 31, 2019” and inserting “December 31, 2021”.

X General Provisions

A Financial Matters

Sec. 1001 General transfer authority

(a)

Authority To transfer authorizations—

(1)

Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2020 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2)

Limitation— Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed the amount specified in Acts appropriating funds for the Department of Defense for fiscal year 2020.

(3)

Exception for transfers between military personnel authorizations— A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b)

Limitations— The authority provided by subsection (a) to transfer authorizations—

(1)

may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2)

may not be used to provide authority for an item that has been denied authorization by Congress.

(c)

Effect on authorization amounts— A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d)

Notice to Congress— The Secretary shall promptly notify Congress of each transfer made under subsection (a).

C Naval Vessels and Shipyards

Sec. 1018 Permanent authority for sustaining operational readiness of Littoral Combat Ships on extended deployment

Section 8680(a)(2) of title 10, United States Code, is amended by striking subparagraph (D).

E Miscellaneous Authorities and Limitations

Sec. 1042 Extension of National Security Commission on Artificial Intelligence

(a)

Extension— Subsection (e) of section 1051 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1962) is amended by striking “October 1, 2020” and inserting “March 1, 2021”.

(b)

Reports— Subsection (c) of such section is amended—

(1)

in paragraph (1), by striking “Not later than 180 days after the date of the enactment of this Act” and inserting “Not later than August 1, 2019”;

(2)

by redesignating paragraph (3) as paragraph (4); and

(3)

by inserting after paragraph (1) the following new paragraphs:

“(2) Interim reports—Not later than each of December 1, 2019, and December 1, 2020, the Commission shall submit as described in that paragraph an interim report on the review required under subsection (b).

“(3) Final report—Not later than March 1, 2021, the Commission shall submit as described in paragraph (1) a comprehensive final report on the review required under subsection (b).”

H Other Matters

Sec. 1084 National Commission on Military Aviation Safety

(a)

Extension of deadline for report— Subsection (h)(2) of section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “March 1, 2020” an inserting “December 1, 2020”.

(b)

Secretary of Defense report— Such section is further amended by adding at the end the following new subsection:

“(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:

“(1) An assessment of the findings and conclusions of the Commission.

“(2) The plan of the Secretaries for implementing the recommendations of the Commission.

“(3) Any other actions taken or planned by the Secretary of Defense or the Secretary of any of the military departments to improve military aviation safety.”

(c)

Authorization of appropriations— In addition to any other amounts authorized to be appropriated for the National Commission on Military Aviation Safety established under section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), of the amounts authorized to be appropriated for Operation and Maintenance, Defense-wide for fiscal year 2020, as specified in the funding table in section 4301, $3,000,000 shall be available for the National Commission on Aviation Safety.

XI Civilian Personnel Matters

Sec. 1103 One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and 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. 1104 One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas

Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1104(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended by striking “through 2019” and inserting “through 2020”.

Sec. 1105 Defense Advanced Research Projects Agency personnel management authority

Section 1599h(b)(1)(B) of title 10, United States Code, is amended by striking “100 positions” and inserting “140 positions”.

XII Matters Relating to Foreign Nations

A Assistance and Training

Sec. 1202 Extension of authority for cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations

Section 1207(e) 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 by striking “September 30, 2019” and inserting “September 30, 2024”.

Sec. 1203 Two-year extension of program authority for Global Security Contingency Fund

Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) is amended—

(1)

in subsection (i)(1), by striking “September 30, 2019” and inserting “September 30, 2021”; and

(2)

in subsection (o)—

(A)

in the first sentence, by striking “September 30, 2019” and inserting “September 30, 2021”; and

(B)

in the second sentence, by striking “through 2019” and inserting “through 2021”.

B Matters Relating to Afghanistan and Pakistan

Sec. 1211 Extension of Commanders' Emergency Response Program

Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619), as most recently amended by section 1224(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2032), is further amended—

(1)

in subsection (a), by striking “December 31, 2019” and inserting “December 31, 2020”;

(2)

in subsection (b), by striking “fiscal years 2017 through 2019” and inserting “fiscal years 2017 through 2020”; and

(3)

in subsection (f), by striking “December 31, 2019” and inserting “December 31, 2020”.

Sec. 1212 Afghanistan Security Forces Fund

Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2020 shall be subject to the conditions contained in—

(1)

subsections (b) through (f) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181 122 Stat. 428), as most recently amended by section 1223(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2028); and

(2)

section 1521(d)(1) of the National Defense Authorization Act for Fiscal year 2017 (Public law 114–328; 130 Stat. 2577).

Sec. 1214 Extension and modification of reimbursement of certain coalition nations for support provided to United States military operations

Section 1233(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1225 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended to read as follows:

“(a) Authority—From funds made available for the Department of Defense for the period beginning on October 1, 2019, and ending on December 31, 2020, for overseas contingency operations for operation and maintenance, Defense-wide activities, the Secretary of Defense may reimburse any key cooperating nation (other than Pakistan) for—

“(1) logistical and military support provided by that nation to or in connection with United States military operations in Afghanistan, Iraq, or Syria; and

“(2) logistical, military, and other support, including access, provided by that nation to or in connection with United States military operations described in paragraph (1).”

C Matters Relating to Syria, Iraq, and Iran

Sec. 1221 Extension of authority to provide assistance to the vetted Syrian opposition

(a)

Extension— Subsection (a) of 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 most recently amended by section 1231 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2033), is further amended by striking “December 31, 2019” and inserting “December 31, 2020”.

(b)

Reprogramming requirement— Subsection (f) of such section 1209, as so most recently amended, is further amended by striking “December 31, 2019” and inserting “December 31, 2020”.

Sec. 1223 Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq

(a)

Authority— Section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—

(1)

by amending subsection (a) to read as follows:

“(a) Authority—The Secretary of Defense may support United States Government security cooperation activities in Iraq by providing funds for operations and activities of the Office of Security Cooperation in Iraq.”

(2)

by striking subsection (f);

(3)

in subsection (g)(2), by striking subparagraph (F); and

(4)

by redesignating subsection (g) as subsection (f).

(b)

Types of support— Subsection (b) of such section is amended by striking “life support, transportation and personal security, and construction and renovation of facilities” and inserting “life support, transportation, and personal security”.

(c)

Amount available— Such section is further amended—

(1)

in subsection (c)—

(A)

by striking “fiscal year 2019” and inserting “fiscal year 2020”; and

(B)

by striking “$45,300,000” and inserting “$30,000,000”; and

(2)

in subsection (d), by striking “fiscal year 2019” and inserting “fiscal year 2020”.

(d)

Coverage of costs of the Office of Security Cooperation in Iraq— Subsection (e) of such section is amended by striking “activities of security assistance teams in Iraq in connection with such sale” and inserting “activities of the Office of Security Cooperation in Iraq in excess of the amount set forth in subsection (c)”.

D Other Matters

Sec. 1231 North Atlantic Treaty Organization Joint Force Command

(a)

In general— Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:

“2350n North Atlantic Treaty Organization Joint Force Command

“(a) Authorization—The Secretary of Defense shall authorize the establishment of, and the participation by members of the armed forces in, the North Atlantic Treaty Organization Joint Force Command (in this section referred to as the “Joint Force Command”), to be established in the United States.

“(b) Use of Department of Defense facilities and equipment—The Secretary may use facilities and equipment of the Department of Defense to support the Joint Force Command.

“(c) Availability of funds—Amounts authorized to be appropriated to the Department of Defense shall be available to carry out the purposes of this section.”

(b)

Conforming amendment— The table of sections at the beginning of subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new item:

XIII Cooperative Threat Reduction

Sec. 1301 Funding allocations

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:

(1)

For strategic offensive arms elimination, $492,000.

(2)

For chemical weapons destruction, $12,856,000.

(3)

For global nuclear security, $33,919,000.

(4)

For cooperative biological engagement, $183,642,000.

(5)

For proliferation prevention, $79,869,000.

(6)

For activities designated as Other Assessments/Administrative Costs, $27,922,000.

Sec. 1302 Specification of cooperative threat reduction funds

Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division Dfor the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2020, 2021, and 2022.

XIV Other Authorizations

A Military Programs

Sec. 1401 Working capital funds

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.

Sec. 1402 Chemical Agents and Munitions Destruction, Defense

(a)

Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.

(b)

Use— Amounts authorized to be appropriated under subsection (a) are authorized for—

(1)

the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2)

the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

Sec. 1403 Drug Interdiction and Counter-Drug Activities, Defense-wide

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.

Sec. 1404 Defense Inspector General

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.

Sec. 1405 Defense Health Program

Funds are hereby authorized to be appropriated for fiscal year 2020 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries.

C Armed Forces Retirement Home

Sec. 1421 Authorization of appropriations for Armed Forces Retirement Home

There is hereby authorized to be appropriated for fiscal year 2020 from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 for the operation of the Armed Forces Retirement Home.

D Other Matters

Sec. 1431 Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois

(a)

Authority for transfer of funds— Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $127,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.

(b)

Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).

XV Authorization of additional appropriations for overseas contingency operations

A Authorization of additional appropriations

Sec. 1501 Purpose

The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2020 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.

Sec. 1502 Overseas contingency operations

Funds are hereby authorized to be appropriated for fiscal year 2020 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).

Sec. 1503 Procurement

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.

Sec. 1504 Research, development, test, and evaluation

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.

Sec. 1505 Operation and maintenance

Sec. 1506 Military personnel

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402.

Sec. 1507 Working capital funds

Sec. 1508 Drug Interdiction and Counter-Drug Activities, Defense-wide

Sec. 1509 Defense Inspector General

Sec. 1510 Defense Health Program

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.

B Financial matters

Sec. 1521 Treatment as additional authorizations

The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.

Sec. 1522 Special transfer authority

(a)

Authority To transfer authorizations—

(1)

Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2020 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2)

Limitation— The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed the amount specified in Acts appropriating funds for the Department of Defense for fiscal year 2020.

(b)

Terms and conditions— Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.

(c)

Additional authority— The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.

C Other Matters

Sec. 1531 Interdiction of improvised explosive device precursor chemicals

Section 1521(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2097) is amended—

(1)

in paragraph (1)—

(A)

by striking “for fiscal year 2019” and inserting “for each of fiscal years 2019 and 2020”; and

(B)

by inserting “in each such fiscal year” after “may be made available”; and

(2)

in paragraph (4), by striking “December 31, 2019” and inserting “December 31, 2020”.

XVI Strategic Programs, Cyber, and Intelligence Matters

Sec. 1627 Authority to use operation and maintenance funds for cyber operations-peculiar capability development projects

(a)

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.

(b)

Certification— For each development project initiated under the authority provided for in subsection (a), the Commander of the United States Cyber Command shall certify to the congressional defense committees that each project is determined to be cyber operations-peculiar.

(c)

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.

(d)

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. 1639 Extension of authorities for Cyberspace Solarium Commission

Section 1652(k) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1)

in paragraph (1), by striking “September 1, 2019” and inserting “February 1, 2020”; and

(2)

in paragraph (2), by striking “and intelligence committees” and inserting “committees, the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives”.