“(10) A joint assessment by the Chief of Staff of the Army and the Chief of the National Guard Bureau on the efforts of the Army to achieve parity among the active component, the Army Reserve, and the Army National Guard with respect to equipment and capabilities. Each assessment shall include a comparison of the inventory of high priority items of equipment available to each component of the Army described in preceding sentence, including—
“(A) AH–64 Attack Helicopters;
“(B) UH–60 Black Hawk Utility Helicopters;
“(C) Abrams Main Battle Tanks;
“(D) Bradley Infantry Fighting Vehicles;
“(E) Stryker Combat Vehicles; and
“(F) any other items of equipment identified as high priority by the Chief of Staff of the Army or the Chief of the National Guard Bureau.”
“(d) Contract Requirement.—
“(1) In general.—The Secretary of the Navy shall ensure that a contract entered into under subsection (a) includes an option to procure a Virginia class submarine in each of fiscal years 2022 and 2023.
“(2) Option defined.—In this subsection, the term ‘option’ has the meaning given that term in part 2.101 of the Federal Acquisition Regulation.”
“(j)
(1) Except as provided in paragraph (2), effective October 1, 2019, the Secretary of the Air Force shall maintain a total aircraft inventory of air refueling tanker aircraft of not less than 479 aircraft.
“(2) The Secretary of the Air Force may reduce the number of air refueling tanker aircraft in the total aircraft inventory of the Air Force below 479 only if—
“(A) the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91); and
“(B) a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under subparagraph (A).
“(3) In this subsection:
“(A) The term ‘air refueling tanker aircraft’ means an aircraft that has as its primary mission the refueling of other aircraft.
“(B) The term ‘total aircraft inventory’ means aircraft authorized to a flying unit for operations or training.”
“(3) A follow-on production contract or transaction may be awarded, pursuant to this subsection, when the Department determines that an individual prototype or prototype subproject as part of a consortium is successfully completed by the participants.
“(4) Award of a follow-on production contract or transaction pursuant to the terms under this subsection is not contingent upon the successful completion of all activities within a consortium as a condition for an award for follow-on production of a successfully completed prototype or prototype subproject within that consortium.”
“(B) Except as provided in subparagraph (C) and subject to the availability of appropriations for such purpose, of the funds authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2019 or otherwise made available for fiscal year 2019 for research, development, test, and evaluation, defense-wide, up to $100,000,000 may be available to the Under Secretary to allocate to the military departments, the defense agencies, and the combatant commands to carry out the program established under paragraph (1).”
; and
Ҥ 2357. Technology protection features activities
“(a) Activities.—The Secretary of Defense shall carry out activities to develop and incorporate technology protection features in a designated system during the research and development phase of such system.
“(b) Cost-sharing.—Any contract for the design or development of a system resulting from activities under subsection (a) for the purpose of enhancing or enabling the exportability of the system, either for the development of program protection strategies for the system or the design and incorporation of exportability features into the system, shall include a cost-sharing provision that requires the contractor to bear half of the cost of such activities, or such other portion of such cost as the Secretary considers appropriate upon showing of good cause.
“(c) Definitions.—In this section:
“(1) The term ‘designated system’ means any system (including a major system, as defined in section 2302(5) of title 10, United States Code) that the Under Secretary of Defense for Acquisition and Sustainment designates for purposes of this section.
“(2) The term ‘technology protection features’ means the technical modifications necessary to protect critical program information, including anti-tamper technologies and other systems engineering activities intended to prevent or delay exploitation of critical technologies in a designated system.”
“2357. Technology protection features activities.”.
Ҥ 2359a. Defense Research and Development Rapid Innovation Program
“(a) Program Established.—
(1) The Secretary of Defense shall establish a competitive, merit-based program to accelerate the fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, technologies developed by the defense laboratories, and other innovative technologies (including dual use technologies).
“(2) The purpose of this program is to stimulate innovative technologies and reduce acquisition or lifecycle costs, address technical risks, improve the timeliness and thoroughness of test and evaluation outcomes, and rapidly insert such products directly in support of primarily major defense acquisition programs, but also other defense acquisition programs that meet critical national security needs.
“(b) Guidelines.—The Secretary shall issue guidelines for the operation of the program. At a minimum such guidance shall provide for the following:
“(1) The issuance of one or more broad agency announcements or the use of any other competitive or merit-based processes by the Department of Defense for candidate proposals in support of defense acquisition programs as described in subsection (a).
“(2) The review of candidate proposals by the Department of Defense and by each military department and the merit-based selection of the most promising cost-effective proposals for funding through contracts, cooperative agreements, and other transactions for the purposes of carrying out the program.
“(3) The total amount of funding provided to any project under the program from funding provided under subsection (d) shall not exceed $3,000,000, unless the Secretary, or the Secretary’s designee, approves a larger amount of funding for the project.
“(4) No project shall receive more than a total of two years of funding under the program from funding provided under subsection (d), unless the Secretary, or the Secretary’s designee, approves funding for any additional year.
“(5) Mechanisms to facilitate transition of follow-on or current projects carried out under the program into defense acquisition programs, through the use of the authorities of section 2302e of this title or such other authorities as may be appropriate to conduct further testing, low rate production, or full rate production of technologies developed under the program.
“(6) Projects are selected using merit-based selection procedures and the selection of projects is not subject to undue influence by Congress or other Federal agencies.
“(c) Treatment Pursuant to Certain Congressional Rules.—Nothing in this section shall be interpreted to require or enable any official of the Department of Defense to provide funding under this section to any earmark as defined pursuant to House Rule XXI, clause 9, or any congressionally directed spending item as defined pursuant to Senate Rule XLIV, paragraph 5.
“(d) Funding.—Subject to the availability of appropriations for such purpose, the amounts authorized to be appropriated for research, development, test, and evaluation for a fiscal year may be used for such fiscal year for the program established under subsection (a).
“(e) Transfer Authority.—
(1) The Secretary may transfer funds available for the program to the research, development, test, and evaluation accounts of a military department, defense agency, or the unified combatant command for special operations forces pursuant to a proposal, or any part of a proposal, that the Secretary determines would directly support the purposes of the program.
“(2) The transfer authority provided in this subsection is in addition to any other transfer authority available to the Department of Defense.”
“2359a. Defense Research and Development Rapid Innovation Program.”.
“(23) Space.
“(24) Infrastructure resilience.
“(25) Photonics.
“(26) Autonomy.”
“(f) Use of Partnership Intermediaries to Promote Defense Research and Education.—
(1) Subject to the approval of the Secretary or the head of the another department or agency of the Federal Government concerned, the Director of a Center may enter into a contract, memorandum of understanding or other transition with a partnership intermediary that provides for the partnership intermediary to perform services for the Department of Defense that increase the likelihood of success in the conduct of cooperative or joint activities of the Center with industry or academic institutions.
“(2) In this subsection, the term ‘partnership intermediary’ means an agency of a State or local government, or a nonprofit entity owned in whole or in part by, chartered by, funded in whole or in part by, or operated in whole or in part by or on behalf of a State or local government, that assists, counsels, advises, evaluates, or otherwise cooperates with industry or academic institutions that need or can make demonstrably productive use of technology-related assistance from a Center.”
“(16) The National Security Technology Accelerator.
“(17) The I-Corps Program.”
“(5) A list of all modifications to the T–45 aircraft and associated ground equipment carried out during fiscal years 2017 through 2019 to mitigate the risk of physiological episodes among T–45 crewmembers.
“(6) The results achieved by the modifications listed pursuant to paragraph (5), as determined by relevant testing and operational activities.
“(7) The cost of the modifications listed pursuant to paragraph (5).
“(8) Any plans of the Navy for future modifications to the T–45 aircraft that are intended to mitigate the risk of physiological episodes among T–45 crewmembers.”
“(c) Release and Dissemination of Information on Contributions From Use of Authority to Military Missions.—
“(1) Collection of information.—The Secretary shall establish and maintain mechanisms for the continuous collection of information on achievements, best practices identified, lessons learned, and challenges arising in the exercise of the authority in this section.
“(2) Release of information.—The Secretary shall establish and maintain mechanisms as follows:
“(A) Mechanisms for the release to the public of information on achievements and best practices described in paragraph (1) in unclassified form.
“(B) Mechanisms for dissemination to appropriate civilian and military officials of information on achievements and best practices described in paragraph (1) in classified form.”
“SEC. 2284. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
“(a) In General.—The Secretary of Defense shall carry out a program to be known as the ‘Explosive Ordnance Disposal Defense Program’ (in this section referred to as the ‘Program’) under which the Secretary shall ensure close and continuous coordination between military departments on matters relating to explosive ordnance disposal support for commanders of geographic and functional combatant commands.
“(b) Roles, Responsibilities, and Authorities.—The plan under subsection (a) shall include provisions under which—
“(1) the Secretary of Defense shall—
“(A) assign the responsibility for the direction, coordination, integration of the Program within the Department of Defense to an Assistant Secretary of Defense;
“(B) the Assistant Secretary of Defense to whom responsibility is assigned under paragraph (1) shall serve as the key individual for the Program responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on Department of Defense explosive ordnance disposal activities;
“(C) designate the Secretary of the Navy, or a designee of the Secretary’s choice, as the executive agent for the Department of Defense responsible for providing oversight of the joint program executive officer who coordinates and integrates joint requirements for explosive ordnance disposal and carries out joint research, development, test, and evaluation and procurement activities on behalf of the military departments and combatant commands with respect to explosive ordnance disposal;
“(D) designate a combat support agency to exercise fund management responsibility of the Department of Defense-wide program element for explosive ordnance disposal research, development, test, and evaluation, transactions other than contracts, cooperative agreements, and grants related to section 2371 of this title during research projects including rapid prototyping and limited procurement urgent activities, and acquisition; and
“(E) designate an Army explosive ordnance disposal-qualified general officer from the combat support agency designated under subparagraph (D) to serve as the Chairman of the Department of Defense explosive ordnance disposal defense program board; and
“(2) the Secretary of each military department shall assess the needs of the military department concerned with respect to explosive ordnance disposal and may carry out research, development, test, and evaluation activities, including other transactions and procurement activities to address military department unique needs 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.
“(c) Annual Budget Justification Documents.—
“(1) For fiscal year 2021 and each fiscal year thereafter, the Secretary of Defense shall submit to Congress with the defense budget materials a consolidated budget justification display, in classified and unclassified form, that includes all of activities of the Department of Defense relating to the Program.
“(2) The budget display under paragraph (1) for a fiscal year shall include a single program element for each of the following:
“(A) Civilian and military pay.
“(B) Research, development, test, and evaluation.
“(C) Procurement.
“(D) Other transaction agreements.
“(E) Military construction.
“(3) The budget display shall include funding data for each of the military department’s respective activities related to explosive ordnance disposal, including—
“(A) operation and maintenance; and
“(B) overseas contingency operations.”
“2284. Explosive Ordnance Disposal Defense Program.”.
“(1) establish metrics and standards for the assessment of energy resilience;
“(2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense;”
“(3) The Secretary of Defense shall include the energy security and resilience goals of the Department of Defense in the installation energy report submitted under section 2925(a) of this title for fiscal year 2018 and every fiscal year thereafter. In the development of energy security and resilience goals, the Department of Defense shall conform with the definitions of energy security and resilience under this title. The report shall include the amount of critical energy load, together with the level of availability and reliability by fiscal year the Department of Defense deems necessary to achieve energy security and resilience.”
“(5) A list of energy resilience projects awarded by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the reporting fiscal year, including project description, award date, the critical energy requirements serviced (including critical energy loads in megawatts), expected reliability of the project (as indicated in the awarded contract), life cycle costs, savings to investment, fuel type, and the type of appropriation or alternative financing used.
“(6) A list of energy resilience projects planned by the Department of Defense by military department and military installation, whether appropriated or alternative financed for the next two fiscal years, including project description, fuel type, expected award date, and the type of appropriation or alternative financing expected for use.”
“(d) The Secretary concerned shall ensure energy security and resilience are prioritized and included in the provision and operation of energy production facilities under this section.”
“(ii) maintains or improves military installation resilience; or”
“(3) In the case of proceeds from a sale of electrical energy generated from any geothermal energy resource—
“(A) 50 percent shall be credited to the appropriation account described in paragraph (1); and
“(B) 50 percent shall be deposited in a special account in the Treasury established by the Secretary concerned which shall be available, for military construction projects described in paragraph (2) or for installation energy or water security projects directly coordinated with local area energy or groundwater governing authorities, for the military installation in which the geothermal energy resource is located.”
“(a) Operational Energy Policy.—In carrying out section 2911(a) of this title, the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readiness of the armed forces for their military missions.
“(b) Authorities.—The Secretary of Defense may—
“(1) require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans;
“(2) authorize the use of energy security, cost of backup power, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and
“(3) in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities.”
; and
“(2) Funding.—
“(A) Source of funds.—The study and assessment performed pursuant to this section may be paid for using funds authorized to be appropriated to the Department of Defense under the heading ‘Operation and Maintenance, Defense-Wide’.
“(B) Transfer authority.—
(i) Of the amounts authorized to be appropriated for the Department of Defense for fiscal year 2018, not more than $10,000,000 shall be transferred by the Secretary of Defense, without regard to section 2215 of title 10, United States Code, to the Secretary of Health and Human Services to pay for the study and assessment required by this section.
“(ii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $10,000,000 a year during fiscal years 2019 and 2020 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.
“(C) Expenditure authority.—Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study and assessment under this section through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department for the purposes of carrying out this section.
“(D) Relationship to other transfer authorities.—The transfer authority provided under this paragraph is in addition to any other transfer authority available to the Department of Defense.”
“(ii) In the case of a military readiness activity (as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703 note), clause (i) shall be applied—
“(I) in the matter preceding clause (I), by substituting ‘seven consecutive years’ for ‘five consecutive years’; and
“(II) in clause (I), by substituting ‘seven-year’ for ‘five-year’.”
“(u) Use for Unspecified Minor Military Construction Projects to Revitalize and Recapitalize Defense Industrial Base Facilities.—
(1) The Secretary of a military department may use a working capital fund of the department under this section to carry out an unspecified minor military construction project under section 2805 for the revitalization and recapitalization of a defense industrial base facility owned by the United States and under the jurisdiction of the Secretary.
“(2) Section 2805 shall apply with respect to a project carried out with a working capital fund under the authority of this subsection in the same manner as such section applies to any unspecified minor military construction project under section 2805.
“(3) In this subsection, the term ‘defense industrial base facility’ means any Department of Defense depot, arsenal, shipyard, or plant located within the United States.
“(4) The authority to use a working capital fund to carry out a project under the authority of this subsection expires on September 30, 2023.”
“(2)
(A) Except as provided in subparagraph (B), any naval vessel examined under this section on or after January 1, 2020, shall be examined with minimal notice provided to the crew of the vessel.
“(B) Subparagraph (A) shall not apply to a vessel undergoing necessary trials before acceptance into the fleet.”
“(d) Annual Report.—
(1) Not later than March 1 each year, the board designated under subsection (a) shall submit to the congressional defense committees a report setting forth the following:
“(A) An overall narrative summary of the material readiness of Navy ships as compared to established material requirements standards.
“(B) The overall number and types of vessels inspected during the preceding fiscal year.
“(C) For in-service vessels, material readiness trends by inspected functional area as compared to the previous five years.
“(2) Each report under this subsection shall be submitted in an unclassified form that is releasable to the public without further redaction.
“(3) No report shall be required under this subsection after October 1, 2021.”
Ҥ 7320. Limitation on length of overseas forward deployment of naval vessels
“(a) Limitation.—The Secretary of the Navy shall ensure that no naval vessel specified in subsection (b) that is listed in the Naval Vessel Register is forward deployed overseas for a period in excess of ten years. At the end of a period of overseas forward deployment, the vessel shall be assigned a homeport in the United States.
“(b) Vessels Specified.—A naval vessel specified in this subsection is any of the following:
“(1) Aircraft carrier.
“(2) Amphibious ship.
“(3) Cruiser.
“(4) Destroyer.
“(5) Frigate.
“(6) Littoral Combat Ship.
“(c) Waiver.—The Secretary of the Navy may waive the limitation under subsection (a) with respect to a naval vessel if the Secretary submits to the congressional defense committees notice in writing of—
“(1) the waiver of such limitation with respect to the vessel;
“(2) the date on which the period of overseas forward deployment of the vessel is expected to end; and
“(3) the factors used by the Secretary to determine that a longer period of deployment would promote the national defense or be in the public interest.”
“7320. Limitation on length of overseas forward deployment of naval vessels.”.
“(2) that is the single authoritative readiness reporting system for the Department, and that there shall be no military service specific systems;
“(3) that readiness assessments are accomplished at an organizational level at, or below, the level at which forces are employed;
“(4) that the reporting system include resources information, force posture, and mission centric capability assessments, as well as predicted changes to these attributes;”
; and
“(f) Quarterly Report on Monthly Changes in Current State of Readiness of Units.—For each quarter that begins after the date of the enactment of this subsection and ends on or before September 30, 2023, the Secretary shall submit to the congressional defense committees a report on each monthly upgrade or downgrade of the current state of readiness of a unit that was issued by the commander of a unit during the previous quarter, together with the rationale of the commander for the issuance of such upgrade or downgrade.”
“(g) Annual Report on Operational Contract Support.—The Secretary shall each year submit to the congressional defense committees a report in writing containing the results of the most recent annual measurement of the capability of operational contract support to support current and anticipated wartime missions of the armed forces. Each such report shall be submitted in unclassified form, but may include a classified annex.”
“117. Readiness reporting system.”.
“(2) A report for the second or fourth quarter of a calendar year under this section shall also 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, air, sea, space, and cyber forces.”
“(3)
(A) In the case of a military working dog located outside the continental United States at the time of retirement that is suitable for adoption at that time, the Secretary of the military department concerned shall undertake transportation of the dog to the continental United States (including transportation by contract at United States expense) for adoption under this section unless—
“(i) the dog is adopted as described in paragraph (2)(A); or
“(ii) transportation of the dog to the continental United States would not be in the best interests of the dog for medical reasons.
“(B) Nothing in this paragraph shall be construed to alter the preference in adoption of retired military working dogs for former handlers as set forth in subsection (g).”
“(3) The authority under paragraphs (1) and (2) includes activities and expenditures necessary to complete restoration to meet the regulations of the Federal department or agency with administrative jurisdiction over the affected land, which may be different than the regulations of the Department of Defense.”
“(1) For the Army, 487,500.
“(2) For the Navy, 335,400.
“(3) For the Marine Corps, 186,100.
“(4) For the Air Force, 329,100.”
“(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”
; and
“(D) Additional credit for special training or experience in a particular officer career field as designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned.”
; and
“(3) The amount of constructive service credit credited to an officer under this subsection may not exceed the amount required in order for the officer to be eligible for an original appointment as a reserve officer of the Army, Air Force, or Marine Corps in the grade of colonel or as a reserve officer of the Navy in the grade of captain.”
Ҥ 605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant
“(a) In General.—An officer in the grade of first lieutenant, captain, major, or lieutenant colonel in the Army, Air Force, or Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant commander, or commander in the Navy, who is described in subsection (b) may be temporarily promoted to the grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable, under regulations prescribed by the Secretary of the military department concerned. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.
“(b) Covered Officers.—An officer described in this subsection is any officer in a grade specified in subsection (a) who—
“(1) has a skill in which the armed force concerned has a critical shortage of personnel (as determined by the Secretary of the military department concerned); and
“(2) is serving in a position (as determined by the Secretary of the military department concerned) that—
“(A) is designated to be held by a captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, as applicable; and
“(B) requires that an officer serving in such position have the skill possessed by such officer.
“(c) Preservation of Position and Status of Officers Appointed.—An appointment under this section does not change the position on the active-duty list or the permanent, probationary, or acting status of the officer so appointed, prejudice the officer in regard to other promotions or appointments, or abridge the rights or benefits of the officer.
“(d) Board Recommendation Required.—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary of the military department concerned for the purpose of recommending officers for such promotions.
“(e) Acceptance and Effective Date of Appointment.—Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section from the date the appointment is made.
“(f) Termination of Appointment.—Unless sooner terminated, an appointment under this section terminates—
“(1) on the date the officer who received the appointment is promoted to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy; or
“(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of captain, major, lieutenant colonel, or colonel in the Army, Air Force, or Marine Corps, or lieutenant, lieutenant commander, commander, or captain in the Navy, in which case the appointment terminates on the date the officer is promoted to that grade.
“(g) Limitation on Number of Eligible Positions.—An appointment under this section may only be made for service in a position designated by the Secretary of the military department concerned for the purposes of this section. The number of positions so designated may not exceed the following:
“(1) In the case of the Army—
“(A) as captain, 120;
“(B) as major, 350;
“(C) as lieutenant colonel, 200; and
“(D) as colonel, 100.
“(2) In the case of the Air Force—
“(A) as captain, 100;
“(B) as major, 325;
“(C) as lieutenant colonel, 175; and
“(D) as colonel, 80.
“(3) In the case of the Marine Corps—
“(A) as captain, 50;
“(B) as major, 175;
“(C) as lieutenant colonel, 100; and
“(D) as colonel, 50.
“(4) In the case of the Navy—
“(A) as lieutenant, 100;
“(B) as lieutenant commander, 325;
“(C) as commander, 175; and
“(D) as captain, 80.”
“605. Promotion to certain grades for officers with critical skills: colonel, lieutenant colonel, major, captain; captain, commander, lieutenant commander, lieutenant.”.
“(g)
(1) In selecting the officers to be recommended for promotion, a selection board may, when authorized by the Secretary of the military department concerned, recommend officers of particular merit, from among those officers selected for promotion, to be placed higher on the promotion list established by the Secretary under section 624(a)(1) of this title.
“(2) An officer may be recommended to be placed higher on a promotion list under paragraph (1) only if the officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternative requirement shall be furnished to the board as part of the guidelines furnished to the board under section 615 of this title.
“(3) For the officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those officers should be placed on the list.”
“(d) A selection board convened under section 611(a) of this title shall, when authorized under section 616(g) of this title, include in its report to the Secretary concerned the names of those officers recommended by the board to be placed higher on the promotion list and the order in which the board recommends that those officers should be placed on the list.”
“(6) An officer excluded under subsection (e).”
; and
“(e) Authority To Allow Officers To Opt Out of Selection Board Consideration.—
(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 611(a) of this title to consider officers for promotion to the next higher grade.
“(2) The Secretary concerned may only approve a request under paragraph (1) if—
“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;
“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
“(6) An officer excluded under subsection (j).”
; and
“(j) Authority To Allow Officers To Opt Out of Selection Board Consideration.—
(1) The Secretary of a military department may provide that an officer under the jurisdiction of the Secretary may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 14101(a) of this title to consider officers for promotion to the next higher grade.
“(2) The Secretary concerned may only approve a request under paragraph (1) if—
“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, or a career progression requirement delayed by the assignment or education;
“(B) the Secretary determines the exclusion from consideration is in the best interest of the military department concerned; and
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
“SUBCHAPTER VI— ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES
“649a. Officers in designated competitive categories.
“649b. Selection for promotion.
“649c. Eligibility for consideration for promotion.
“649d. Opportunities for consideration for promotion.
“649e. Promotions.
“649f. Failure of selection for promotion.
“649g. Retirement: retirement for years of service; selective early retirement.
“649h. Continuation on active duty.
“649i. Continuation on active duty: officers in certain military specialties and career tracks.
“649j. Other administrative authorities.
“649k. Regulations.
Ҥ 649a. Officers in designated competitive categories
“(a) Authority To Designate Competitive Categories of Officers.—Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 621 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on active duty shall be subject to the provisions of this subchapter.
“(b) Limitation on Exercise of Authority.—The Secretary of a military department may not designate a competitive category of officers for purposes of this subchapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following:
“(1) A detailed description of officer requirements for officers within the competitive category.
“(2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category.
“(3) An estimate of the size of the promotion zone for each grade within the competitive category.
“(4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this subchapter.
Ҥ 649b. Selection for promotion
“(a) In General.—Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of subchapter I of this chapter.
“(b) No Recommendation for Promotion of Officers Below Promotion Zone.—Section 616(b) of this title shall not apply to the selection for promotion of officers described in subsection (a).
“(c) Recommendation for Officers To Be Excluded From Future Consideration for Promotion.—In making recommendations pursuant to section 616 of this title for purposes of the administration of this subchapter, a selection board convened under section 611(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter.
Ҥ 649c. Eligibility for consideration for promotion
“(a) In General.—Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this subchapter shall be governed by the provisions of section 619 of this title.
“(b) Inapplicability of Certain Time-in-grade Requirements.—Paragraphs (2) through (4) of section 619(a) of this title shall not apply to the promotion of officers described in subsection (a).
“(c) Inapplicability to Officers Above and Below Promotion Zone.—The following provisions of section 619(c) of this title shall not apply to the promotion of officers described in subsection (a):
“(1) The reference in paragraph (1) of that section to an officer above the promotion zone.
“(2) Paragraph (2)(A) of that section.
“(d) Ineligibility of Certain Officers.—The following officers are not eligible for promotion under this subchapter:
“(1) An officer described in section 619(d) of this title.
“(2) An officer not included within the promotion zone.
“(3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 649d of this title.
“(4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 649b(c) of this title.
Ҥ 649d. Opportunities for consideration for promotion
“(a) Specification of Number of Opportunities for Consideration for Promotion.—In designating a competitive category of officers pursuant to section 649a of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable.
“(b) Limited Authority of Secretary of Military Department to Modify Number of Opportunities.—The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) or this subsection, not more frequently than once every five years.
“(c) Discretionary Authority of Secretary of Defense to Modify Number of Opportunities.—The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary.
“(d) Limitation on Number of Opportunities Specified.—The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities.
“(e) Effect of Certain Reduction in Number of Opportunities Specified.—If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction.
Ҥ 649e. Promotions
“Sections 620 through 626 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this subchapter.
Ҥ 649f. Failure of selection for promotion
“(a) In General.—Except as provided in this section, sections 627 through 632 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this subchapter.
“(b) Inapplicability of Failure of Selection for Promotion to Officers Above Promotion Zone.—The reference in section 627 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a).
“(c) Special Selection Board Matters.—The reference in section 628(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a).
“(d) Effect of Failure of Selection.—In the administration of this subchapter pursuant to subsection (a)—
“(1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 629(e)(2) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 649d of this title; and
“(2) any reference in section 631(a) or 632(a) of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 649d.
Ҥ 649g. Retirement: retirement for years of service; selective early retirement
“(a) Retirement for Years of Services.—Sections 633 through 636 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this subchapter.
“(b) Selective Early Retirement.—Sections 638 and 638a of this title shall apply to the retirement of officers described in subsection (a).
Ҥ 649h. Continuation on active duty
“(a) In General.—An officer subject to discharge or retirement pursuant to this subchapter may, subject to the needs of the service, be continued on active duty if the officer is selected for continuation on active duty in accordance with this section by a selection board convened under section 611(b) of this title.
“(b) Identification of Positions for Officers Continued on Active Duty.—
“(1) In general.—Officers may be selected for continuation on active duty pursuant to this section only for assignment to positions identified by the Secretary of the military department concerned for which vacancies exist or are anticipated to exist.
“(2) Identification.—Before convening a selection board pursuant to section 611(b) of this title for purposes of selection of officers for continuation on active duty pursuant to this section, the Secretary of the military department concerned shall specify for purposes of the board the positions identified by the Secretary to which officers selected for continuation on active duty may be assigned.
“(c) Recommendation for Continuation.—A selection board may recommend an officer for continuation on active duty pursuant to this section only if the board determines that the officer is qualified for assignment to one or more positions identified pursuant to subsection (b) on the basis of skills, knowledge, and behavior required of an officer to perform successfully in such position or positions.
“(d) Approval of Secretary of Military Department.—Continuation of an officer on active duty under this section pursuant to the action of a selection board is subject to the approval of the Secretary of the military department concerned.
“(e) Nonacceptance of Continuation.—An officer who is selected for continuation on active duty pursuant to this section, but who declines to continue on active duty, shall be discharged or retired, as appropriate, in accordance with section 632 of this title.
“(f) Period of Continuation.—
“(1) In general.—An officer continued on active duty pursuant to this section shall remain on active duty, and serve in the position to which assigned (or in another position to which assigned with the approval of the Secretary of the military department concerned), for a total of not more than three years after the date of assignment to the position to which first so assigned.
“(2) Additional continuation.—An officer whose continued service pursuant to this section would otherwise expire pursuant to paragraph (1) may be continued on active duty if selected for continuation on active duty in accordance with this section before the date of expiration pursuant to that paragraph.
“(g) Effect of Expiration of Continuation.—Each officer continued on active duty pursuant to this subsection who is not selected for continuation on active duty pursuant to subsection (f)(2) at the completion of the officer’s term of continued service shall, unless sooner discharged or retired under another provision of law—
“(1) be discharged upon the expiration of the term of continued service; or
“(2) if eligible for retirement under another other provision of law, be retired under that law on the first day of the first month following the month in which the officer completes the term of continued service.
“(h) Treatment of Discharge or Retirement.—The discharge or retirement of an officer pursuant to this section shall be considered to be an involuntary discharge or retirement for purposes of any other provision of law.
Ҥ 649i. Continuation on active duty: officers in certain military specialties and career tracks
“In addition to continuation on active duty provided for in section 649h of this title, an officer to whom section 637a of this title applies may be continued on active duty in accordance with the provisions of such section 637a.
Ҥ 649j. Other administrative authorities
“(a) In General.—The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this subchapter:
“(1) Section 638b, relating to voluntary retirement incentives.
“(2) Section 639, relating to continuation on active duty to complete disciplinary action.
“(3) Section 640, relating to deferment of retirement or separation for medical reasons.
Ҥ 649k. Regulations
“The Secretary of Defense shall prescribe regulations regarding the administration of this subchapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other subchapters of this chapter shall be used in the administration of this subchapter in accordance with the provisions of this subchapter.”
“VI. Alternative Promotion Authority for Officers in Designated Competitive Categories 649a”.
Ҥ 715. Attending Physician to the Congress: grade
“A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag officer serving as Attending Physician to the Congress, while so serving, holds the grade of rear admiral (upper half).”
“715. Attending Physician to the Congress: grade”.
“(4) The Secretary of Defense may make a conditional certification regarding satisfactory service in grade under paragraph (1) with respect to an officer under that paragraph notwithstanding the fact that there is pending the disposition of an adverse personnel action against the officer for alleged misconduct. The retired grade of an officer following such a conditional certification is subject to resolution under subsection (b)(3).”
“(2) In the case of an officer or person whom the Secretary concerned determines committed misconduct in a lower grade, the Secretary concerned may determine the officer or person has not served satisfactorily in any grade equal to or higher than that lower grade.
“(3) A determination or certification of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings. If the retired grade of an officer is reduced, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction in retired grade.”
“(f) Finality of Retired Grade Determinations.—
(1) Except as otherwise provided by law, a determination or certification of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened.
“(2) A determination or certification of the retired grade of an officer may be reopened as follows:
“(A) If the retirement or retired grade of the officer was procured by fraud.
“(B) If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section if known by competent authority at the time of retirement.
“(C) If a mistake of law or calculation was made in the determination of the retired grade.
“(D) In the case of a retired grade following a conditional determination under subsection (a)(1) or (d)(1) or conditional certification under subsection (c)(4), if the investigation of or personnel action against the officer, as applicable, results in adverse findings.
“(E) If the Secretary concerned determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination or certification.
“(3) If a determination or certification of the retired grade of an officer is reopened, the Secretary concerned—
“(A) shall notify the officer of the reopening; and
“(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis of the reopening.
“(4) If a certification of the retired grade of an officer covered by subsection (c) is reopened, the Secretary concerned shall also notify the President and Congress of the reopening.
“(5) If the retired grade of an officer is reduced through the reopening of the officer’s retired grade, the retired pay of the officer under chapter 71 of this title shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer’s retired grade.”
“(b) The Chief of Chaplains, while so serving, holds the grade of major general.”
“(e) The Chief of Chaplains, while so serving, holds the grade of rear admiral (upper half).”
“(c) Grade of Chief of Chaplains.—The Chief of Chaplains, while so serving, holds the grade of major general.”
“(k) Certain Officers Not to Be Considered for Selection for Promotion.—The Secretary of the military department concerned may provide that an officer who is in an active status, but is in a duty status in which the only points the officer accrues under section 12732(a)(2) of this title are pursuant to subparagraph (C)(i) of that section (relating to membership in a reserve component), shall not be considered for selection for promotion until completion of two years of service in such duty status. Any such officer may remain on the reserve active-status list.”
| “Air National Guard: | |||
|---|---|---|---|
| Major | Lieutenant Colonel | Colonel | |
| 10,000 | 763 | 745 | 333 |
| 12,000 | 915 | 923 | 377 |
| 14,000 | 1,065 | 1,057 | 402 |
| 16,000 | 1,211 | 1,185 | 426 |
| 18,000 | 1,347 | 1,313 | 450 |
| 20,000 | 1,463 | 1,440 | 468 |
| 22,000 | 1,606 | 1,569 | 494 |
| 24,000 | 1,739 | 1,697 | 517 |
| 26,000 | 1,872 | 1,825 | 539 |
| 28,000 | 2,005 | 1,954 | 562 |
| 30,000 | 2,138 | 2,082 | 585 |
| 32,000 | 2,271 | 2,210 | 608 |
| 34,000 | 2,404 | 2,338 | 630 |
| 36,000 | 2,537 | 2,466 | 653 |
| 38,000 | 2,670 | 2,595 | 676 |
| 40,000 | 2,803 | 2,723 | 698”. |
| “Air National Guard: | ||
|---|---|---|
| E-8 | E-9 | |
| 10,000 | 1,350 | 550 |
| 12,000 | 1,466 | 594 |
| 14,000 | 1,582 | 636 |
| 16,000 | 1,698 | 676 |
| 18,000 | 1,814 | 714 |
| 20,000 | 1,930 | 752 |
| 22,000 | 2,046 | 790 |
| 24,000 | 2,162 | 828 |
| 26,000 | 2,278 | 866 |
| 28,000 | 2,394 | 904 |
| 30,000 | 2,510 | 942 |
| 32,000 | 2,626 | 980 |
| 34,000 | 2,742 | 1,018 |
| 36,000 | 2,858 | 1,056 |
| 38,000 | 2,974 | 1,094 |
| 40,000 | 3,090 | 1,132”. |
“(2) If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion.”
“(2) Equipment and facilities of the Department of Defense may be used by the National Guard for purposes of carrying out the Program.”
“(A) that is vital to the national interest; and
“(B) that the person will use in the primary daily duties of that person as a member of the armed forces.”
; and
“(3)
(A) No person who enlists under paragraph (2) may report to initial training until after the Secretary concerned has completed all required background investigations and security and suitability screening as determined by the Secretary of Defense regarding that person.
“(B) A Secretary concerned may not authorize more than 1,000 enlistments under paragraph (2) per military department in a calendar year until after—
“(i) the Secretary of Defense submits to Congress written notice of the intent of that Secretary concerned to authorize more than 1,000 such enlistments in a calendar year; and
“(ii) a period of 30 days has elapsed after the date on which Congress receives the notice.”
Ҥ 1155. Statement of benefits
“(a) Before Separation.—Not later than 30 days before a member retires, is released, is discharged, or otherwise separates from the armed forces (or as soon as is practicable in the case of an unanticipated separation), the Secretary concerned shall provide that member with a current assessment of all benefits to which that member may be entitled under laws administered by—
“(1) the Secretary of Defense; and
“(2) the Secretary of Veterans Affairs.
“(b) Statement for Reserves.—The Secretary concerned shall provide a member of a reserve component with a current assessment of benefits described in subsection (a) upon release of that member from active duty.”
“1155. Statement of benefits.”.
“(e) Acceptance of Gifts.—
“(1) Authority to accept.—Subject to subsection (f)(2), the Secretary may accept, hold, administer, spend, and use any gift of personal property, money, or services made on the condition that the gift be used for the purpose of facilitating accounting for missing persons pursuant to section 1501(a)(2)(C) of this title.
“(2) Gift funds.—Gifts and bequests of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund.
“(3) Use of gifts.—Personal property and money accepted under this subsection may be used by the Secretary, and services accepted under this subsection may be performed, without further specific authorization in law.
“(4) Expenses of transfer.—The Secretary may pay all necessary expenses in connection with the conveyance or transfer of a gift accepted under this subsection.
“(5) Expenses of care.—The Secretary may pay all reasonable and necessary expenses in connection with the care of a gift accepted under this subsection.”
; and
“(3) Gift.—The term ‘gift’ includes a devise or bequest.”
“(3) who commits an assault by strangulation or suffocation;”
Ҥ 928b. Art. 128b.
“Any person who—
“(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;
“(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—
“(A) commits an offense under this chapter against any person; or
“(B) commits an offense under this chapter against any property, including an animal;
“(3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;
“(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or
“(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating;
“928b. 128b. Domestic violence.”.
“(d) Authorities.—
“(1) Hearings.—The Advisory Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the committee considers appropriate to carry out its duties under this section.
“(2) Information from federal agencies.—Upon request by the chair of the Advisory Committee, a department or agency of the Federal Government shall provide information that the Advisory Committee considers necessary to carry out its duties under this section. In carrying out this paragraph, the department or agency shall take steps to prevent the unauthorized disclosure of personally identifiable information.”
“(6) The term of an appellate military judge assigned to the Court under paragraph (2) or appointed to the Court under paragraph (3) shall expire on the earlier of the date on which—
“(A) the judge leaves active duty; or
“(B) the judge is reassigned to other duties in accordance with section 949b(b)(4) of this title.”
“(c) Reinvestigation or Readjudication of Certain Individuals.—
(1) The Secretary of Defense shall conduct an investigation or adjudication under subsection (a) of any individual described in paragraph (2) upon—
“(A) conviction of that individual by a court of competent jurisdiction for—
“(i) sexual assault;
“(ii) sexual harassment;
“(iii) fraud against the United States; or
“(iv) any other violation that the Secretary determines renders that individual susceptible to blackmail or raises serious concern regarding the ability of that individual to hold a security clearance; or
“(B) determination by a commanding officer that that individual has committed an offense described in subparagraph (A).
“(2) An individual described in this paragraph in an individual who has a security clearance and is—
“(A) a flag officer;
“(B) a general officer; or
“(C) an employee of the Department of Defense in the Senior Executive Service.
“(3) The Secretary shall ensure that relevant information on the conviction or determination described in paragraph (1) of an individual described in paragraph (2) during the preceding year, regardless of whether the individual has retired or resigned or has been discharged, released, or otherwise separated from the armed forces, is reported into Federal law enforcement records and security clearance databases, and that such information is transmitted, as appropriate, to other Federal agencies.
“(4) In this subsection:
“(A) The term ‘sexual assault’ includes rape, sexual assault, forcible sodomy, aggravated sexual contact, abusive sexual contact, and attempts to commit such offenses, as those terms are defined in chapter 47 of this title (the Uniform Code of Military Justice).
“(B) The term ‘sexual harassment’ has the meaning given that term in section 1561 of this title.
“(C) The term ‘fraud against the United States’ means a violation of section 932 of this title (article 132 of the Uniform Code of Military Justice).”
Ҥ 710. Career flexibility to enhance retention of members
“(a) Programs Authorized.—Each Secretary of a military department may carry out programs under which members of the regular components and members on Active Guard and Reserve duty of the armed forces under the jurisdiction of such Secretary may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.
“(b) Period of Inactivation From Active Service; Effect of Inactivation.—
(1) The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.
“(2) Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of this title.
“(3) Any period of participation of a member in a program under this section shall not count toward—
“(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of this title; or
“(B) computation of retired or retainer pay under chapter 71 or 1223 of this title.
“(c) Agreement.—Each member of the armed forces who participates in a program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:
“(1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the armed force concerned during the period of the inactivation of the member from active service under the program.
“(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.
“(3) Following completion of the period of the inactivation of the member from active service under the program, to serve two months as a member of the armed forces on active service for each month of the period of the inactivation of the member from active service under the program.
“(d) Conditions of Release.—The Secretary of Defense shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.
“(e) Order to Active Service.—Under regulations prescribed by the Secretary of the military department concerned, a member of the armed forces participating in a program under this section may, in the discretion of such Secretary, be required to terminate participation in the program and be ordered to active service.
“(f) Pay and Allowances.—
(1) During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.
“(2)
(A) A member who participates in a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 that is in force when the member commences participation in the program.
“(B) The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.
“(3)
(A) Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—
“(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and
“(ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).
“(B)
(i) Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—
“(I) such pay or bonus is no longer authorized by law; or
“(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.
“(ii) Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.
“(C) A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.
“(D) Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).
“(4)
(A) Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for—
“(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as his residence during the period of participation in the program; and
“(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.
“(B) An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.
“(5) A member who participates in a program is entitled to carry forward the leave balance existing as of the day on which the member begins participation and accumulated in accordance with section 701 of this title, but not to exceed 60 days.
“(g) Promotion.—
(1)
(A) An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 36 or 1405 of this title.
“(B) Upon the return of an officer to active service after completion by the officer of participation in a program—
“(i) the Secretary of the military department concerned shall adjust the date of rank of the officer in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and
“(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.
“(2) An enlisted member participating in a program shall not be eligible for consideration for promotion during the period that—
“(A) begins on the date of the inactivation of the member from active service under the program; and
“(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the program.
“(h) Continued Entitlements.—A member participating in a program under this section shall, while participating in the program, be treated as a member of the armed forces on active duty for a period of more than 30 days for purposes of—
“(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title; and
“(2) retirement or separation for physical disability under the provisions of chapters 55 and 61 of this title.”
“710. Career flexibility to enhance retention of members.”.
“(c) Counseling Pathways.—
(1) Each Secretary concerned, in consultation with the Secretaries of Labor and Veterans Affairs, shall establish at least three pathways for members of the military department concerned receiving individualized counseling under this section. The Secretaries shall design the pathways to address the needs of members, based on the following factors:
“(A) Rank.
“(B) Term of service.
“(C) Gender.
“(D) Whether the member was a member of a regular or reserve component of an armed force.
“(E) Disability.
“(F) Character of discharge (including expedited discharge and discharge under conditions other than honorable).
“(G) Health (including mental health).
“(H) Military occupational specialty.
“(I) Whether the member intends, after separation, retirement, or discharge, to—
“(i) seek employment;
“(ii) enroll in a program of higher education;
“(iii) enroll in a program of vocational training; or
“(iv) become an entrepreneur.
“(J) The educational history of the member.
“(K) The employment history of the member.
“(L) Whether the member has secured—
“(i) employment;
“(ii) enrollment in a program of education; or
“(iii) enrollment in a program of vocational training.
“(M) Other factors the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Veterans Affairs, determine appropriate.
“(2) Each member described in subsection (a) shall meet in person or by video conference with a counselor before beginning counseling under this section to—
“(A) take a self-assessment designed by the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) to ensure that the Secretary concerned places the member in the appropriate pathway under this subsection;
“(B) receive information from the counselor regarding reenlistment in the armed forces; and
“(C) receive information from the counselor regarding resources (including resources regarding military sexual trauma)—
“(i) for members of the armed forces separated, retired, or discharged;
“(ii) located in the community in which the member will reside after separation, retirement, or discharge.
“(3) At the meeting under paragraph (2), the member may elect to have the Secretary concerned (in consultation with the Secretaries of Labor and Veterans Affairs) provide the contact information of the member to the resources described in paragraph (2)(B).”
; and
“(e) Joint Service Transcript.—The Secretary concerned shall provide a copy of the joint service transcript of a member described in subsection (a) to—
“(1) that member—
“(A) at the meeting with a counselor under subsection (c)(2); and
“(B) on the day the member separates, retires, or is discharged; and
“(2) the Secretary of Veterans Affairs on the day the member separates, retires, or is discharged.”
“(f) Program Contents.—
(1) The program carried out under this section shall consist of instruction as follows:
“(A) One day of preseparation training specific to the armed force concerned, as determined by the Secretary concerned.
“(B) One day of instruction regarding—
“(i) benefits under laws administered by the Secretary of Veterans Affairs; and
“(ii) other subjects determined by the Secretary concerned.
“(C) One day of instruction regarding preparation for employment.
“(D) Two days of instruction regarding a topic selected by the member from the following subjects:
“(i) Preparation for employment.
“(ii) Preparation for education.
“(iii) Preparation for vocational training.
“(iv) Preparation for entrepreneurship.
“(v) Other options determined by the Secretary concerned.
“(2) The Secretary concerned may permit a member to attend training and instruction under the program established under this section—
“(A) before the time periods established under section 1142(a)(3) of this title;
“(B) in addition to such training and instruction required during such time periods.”
“(c) Inapplicability of Certain Provisions.—During the period specified in subsection (i)(2), this section does not apply as follows:
“(1) To members of the Coast Guard, notwithstanding section 542(d) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1293 note).
“(2) To members of the commissioned corps of the National Oceanic and Atmospheric Administration, notwithstanding section 566(c) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 1293 note).”
“(5) The Joint Special Operations University.”
Ҥ 2035. Flexibility in authorities for management of programs and units
“(a) Authority To Convert Otherwise Closing Units to National Defense Cadet Corps Program Units.—If the Secretary of a military department is notified by a local educational agency of the intent of the agency to close its Junior Reserve Officers’ Training Corps, the Secretary shall offer the agency the option of converting the unit to a National Defense Cadet Corps (NDCC) program unit in lieu of closing the unit.
“(b) Flexibility in Administration of Instructors.—
“(1) In general.—The Secretaries of the military departments may, without regard to any other provision of this chapter, undertake initiatives designed to promote flexibility in the hiring and compensation of instructors for the Junior Reserve Officers’ Training Corps program under the jurisdiction of such Secretaries.
“(2) Elements.—The initiatives undertaken pursuant to this subsection may provide for one or more of the following:
“(A) Termination of the requirement for a waiver as a condition of the hiring of well-qualified non-commissioned officers with a bachelor’s degree for senior instructor positions within the Junior Reserve Officers’ Training Corps.
“(B) Specification of a single instructor as the minimum number of instructors required to found and operate a Junior Reserve Officers’ Training Corps unit.
“(C) Authority for Junior Reserve Officers’ Training Corps instructors to undertake school duties, in addition to Junior Reserve Officers’ Training Corps duties, at small schools.
“(D) Authority for the payment of instructor compensation for a limited number of Junior Reserve Officers’ Training Corps instructors on a 10-month per year basis rather than a 12-month per year basis.
“(E) Such other actions as the Secretaries of the military departments consider appropriate.
“(c) Flexibility in Allocation and Use of Travel Funding.—The Secretaries of the military departments shall take appropriate actions to provide so-called regional directors of the Junior Reserve Officers’ Training Corps programs located at remote rural schools enhanced discretion in the allocation and use of funds for travel in connection with Junior Reserve Officers’ Training Corps activities.
“(d) Standardization of Program Data.—The Secretary of Defense shall take appropriate actions to standardize the data collected and maintained on the Junior Reserve Officers’ Training Corps programs in order to facilitate and enhance the collection and analysis of such data. Such actions shall include a requirement for the use of the National Center for Education Statistics (NCES) identification code for each school with a unit under a Junior Reserve Officers’ Training Corps program in order to facilitate identification of such schools and their units under the Junior Reserve Officers’ Training Corps programs.”
“2035. Flexibility in authorities for management of programs and units.”.
“(ii) One representative, who shall be a member or civilian employee of the National Guard Bureau, to represent both the Army National Guard and the Air National Guard.”
“(4) To make recommendations to the Secretary of Defense to improve collaboration, awareness, and promotion of accurate and timely military family readiness information and support services by policy makers, service providers, and targeted beneficiaries.”
“(4) The term ‘family support services’ includes costs of transportation, food, lodging, child care, supplies, fees, and training materials for immediate family members of members of the armed forces assigned to special operations forces while participating in programs under subsection (a).”
“(b) Appointment Authority.—The head of an agency may appoint noncompetitively—
“(1) a spouse of a member of the Armed Forces on active duty; or
“(2) a spouse of a disabled or deceased member of the Armed Forces.”
“3330d. Appointment of military spouses.”.
“§ 3330d. Appointment of military spouses”
“(4) The opportunities for promotion of commissioned officers anticipated to be estimated pursuant to section 623(b)(4) of this title for the fiscal year in which such report is submitted for purposes of promotion selection boards convened pursuant to section 611 of this title during such fiscal year.”
“(c) Unclaimed Remains of Military Prisoners.—Subsection (b) shall not preclude the burial at the United States Disciplinary Barracks Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including a military prisoner who is a person described in section 2411(b) of title 38, who dies while in custody of a military department and whose remains are not claimed by the person authorized to direct disposition of the remains or by other persons legally authorized to dispose of the remains.”
“(d) The Board shall visit the Academy annually. With the approval of the Secretary of the Air Force, the Board or its members may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. Board members shall have access to the Academy grounds and the cadets, faculty, staff, and other personnel of the Academy for the purposes of the duties of the Board.”
“(4) The term ‘establishment date’ means September 19, 2017.”
“(4) Paperwork reduction act.—For purposes of developing its recommendations, the information collection of the Commission may be treated as a pilot project under section 3505(a) of title 44, United States Code. In addition, the Commission shall not be subject to the requirements of section 3506(c)(2)(A) of such title.”
“(1) Proof of military service.—
“(A) In general.—Not later than 180 days after the date of a servicemember’s termination or release from military service, in order for an obligation or liability of the servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of—
“(i) the military orders calling the servicemember to military service and any orders further extending military service; or
“(ii) any other appropriate indicator of military service, including a certified letter from a commanding officer.
“(B) Independent verification by creditor.—
“(i) In general.—A creditor may use, in lieu of notice and documentation under subparagraph (A), information retrieved from the Defense Manpower Data Center through the creditor’s normal business reviews of such Center for purposes of obtaining information indicating that the servicemember is on active duty.
“(ii) Safe harbor.—A creditor that uses the information retrieved from the Defense Manpower Data Center under clause (i) with respect to a servicemember has not failed to treat the debt of the servicemember in accordance with subsection (a) if—
“(I) such information indicates that, on the date the creditor retrieves such information, the servicemember is not on active duty; and
“(II) the creditor has not, by the end of the 180-day period under subparagraph (A), received the written notice and documentation required under that subparagraph with respect to the servicemember.”
Ҥ 1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans
“(a) Eligibility of Veterans Awarded the Purple Heart.—A veteran who was awarded the Purple Heart shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
“(b) Eligibility of Veterans Who Are Medal of Honor Recipients.—A veteran who is a Medal of Honor recipient shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
“(c) Eligibility of Veterans Who Are Former Prisoners of War.—A veteran who is a former prisoner of war shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
“(d) Eligibility of Veterans With Service-Connected Disabilities.—A veteran with a service-connected disability shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
“(e) Eligibility of Caregivers for Veterans.—A caregiver or family caregiver shall be permitted to use commissary stores and MWR facilities on the same basis as a member of the armed forces entitled to retired or retainer pay.
“(f) User Fee Authority.—
(1) The Secretary of Defense shall prescribe regulations that impose a user fee on individuals who are eligible solely under this section to purchase merchandise at a commissary store or MWR retail facility.
“(2) The Secretary shall set the user fee under this subsection at a rate that the Secretary determines will offset any increase in expenses arising from this section borne by the Department of the Treasury on behalf of commissary stores associated with the use of credit or debit cards for customer purchases, including expenses related to card network use and related transaction processing fees.
“(3) The Secretary shall deposit funds collected pursuant to a user fee under this subsection in the General Fund of the Treasury.
“(4) Any fee under this subsection is in addition to the uniform surcharge under section 2484(d) of this title.
“(g) Definitions.—In this section:
“(1) The term ‘MWR facilities’ includes—
“(A) MWR retail facilities, as that term is defined in section 1063(e) of this title; and
“(B) military lodging operated by the Department of Defense for the morale, welfare, and recreation of members of the armed forces.
“(2) The term ‘Medal of Honor recipient’ has the meaning given that term in section 1074h(c) of this title.
“(3) The terms ‘veteran’, ‘former prisoner of war’, and ‘service-connected’ have the meanings given those terms in section 101 of title 38.
“(4) The terms ‘caregiver’ and ‘family caregiver’ have the meanings given those terms in section in section 1720G(d) of title 38.”
“1065. Use of commissary stores and MWR facilities: certain veterans and caregivers for veterans.”.
“(A) In general.—Whenever retired pay is increased for a month under section 1401a of this title (or any other provision of law), the amount of the allowance payable under paragraph (1) for that month shall also be increased.
“(B) Amount of increase.—With respect to an eligible survivor of a member of the uniformed services, the increase for a month shall be—
“(i) the amount payable pursuant to paragraph (2) for months during the preceding 12-month period; plus
“(ii) an amount equal to a percentage of the amount determined pursuant to clause (i), which percentage is the percentage by which the retired pay of the member would have increased for the month, as described in subparagraph (A), if the member was alive (and otherwise entitled to such pay).
“(C) Rounding down.—The monthly amount of an allowance payable under this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
“(D) Public notice on amount of allowance payable.—Whenever an increase in the amount of the allowance payable under paragraph (1) is made pursuant to this paragraph, the Secretary of Defense shall publish the amount of the allowance so payable by reason of such increase, including the months for which payable.”
Ҥ 2568a. Damaged personal protective equipment: award to members separating from the Armed Forces and veterans
“(a) In General.—The Secretary of a military department, acting through a disposition service distribution center of the Defense Logistics Agency, may award to a covered individual the demilitarized PPE of that covered individual. The award of PPE under this section shall be without cost to the covered individual.
“(b) Definitions.—In this section:
“(1) The term ‘covered individual’ means—
“(A) a member of the armed forces—
“(i) under the jurisdiction of the Secretary concerned; and
“(ii) who is separating from the armed forces; or
“(B) a veteran who was under the jurisdiction of the Secretary concerned while a member of the armed forces.
“(2) The term ‘PPE’ means personal protective equipment that was damaged in combat or otherwise—
“(A) during the deployment of a covered individual; and
“(B) after September 11, 2001.”
“2568a. Damaged personal protective equipment: award to members separating from the armed forces and veterans.”.
“(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.”
“(f) Veterans With Service-connected Disabilities Rated as Total.—
(1) Travel may not be provided under this section to a veteran eligible for travel pursuant to subsection (c)(4) in priority over any member eligible for travel under subsection (c)(1) or any dependent of such a member eligible for travel under this section.
“(2) The authority in subsection (c)(4) may not be construed as affecting or in any way imposing on the Department of Defense, any armed force, or any commercial company with which they contract an obligation or expectation that they will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Department or such armed force to accommodate passengers provided travel under such authority on account of disability.
“(3) The authority in subsection (c)(4) may not be construed as preempting the authority of a flight commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft.”
“(D) In the case of a member who elects under paragraph (2)(A) not to be insured under this section, or who elects under subparagraph (B) to be insured for an amount less than the maximum amount provided under subparagraph (A), and who is deployed to a combat theater of operations the member—
“(i) shall be insured under this subchapter for the maximum amount provided under subparagraph (A) for the period of such deployment; and
“(ii) upon the end of such deployment—
“(I) shall be insured in the amount elected by the member under subparagraph (B); or
“(II) shall not be insured, if so elected under paragraph (2)(A).”
“(2) In addition to the responsibilities set forth in paragraph (1), the Director of the Defense Health Agency shall, commencing when the Director begins to exercise responsibilities under that paragraph, have the authority—
“(A) to direct, control, and serve as the primary rater of the performance of commanders or directors of military medical treatment facilities;
“(B) to direct and control any intermediary organizations between the Defense Health Agency and military medical treatment facilities;
“(C) to determine the scope of medical care provided at each military medical treatment facility to meet the military personnel readiness requirements of the senior military operational commander of the military installation;
“(D) to determine total workforce requirements at each military medical treatment facility;
“(E) to direct joint manning at military medical treatment facilities and intermediary organizations;
“(F) to address personnel staffing shortages at military medical treatment facilities; and
“(G) to select among service nominations for commanders or directors of military medical treatment facilities.”
“(4) The Secretary of Defense shall establish a timeline to ensure that each Secretary of a military department transitions the administration of military medical treatment facilities from such Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.”
; and
“(C) Ensuring that the Defense Health Agency meets the military medical readiness requirements of the senior military operational commanders of the military installations.”
“(e) Additional DHA Organizations.—Not later than September 30, 2022, the Secretary of Defense shall, acting though the Director of the Defense Health Agency, establish within the Defense Health Agency the following:
“(1) A subordinate organization, to be called the Defense Health Agency Research and Development—
“(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Research and Development);
“(B) comprised of the Army Medical Research and Materiel Command and such other medical research organizations and activities of the armed forces as the Secretary considers appropriate; and
“(C) responsible for coordinating funding for Defense Health Program Research, Development, Test, and Evaluation, the Congressionally Directed Medical Research Program, and related Department of Defense medical research.
“(2) A subordinate organization, to be called the Defense Health Agency Public Health—
“(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Public Health); and
“(B) comprised of the Army Public Health Command, the Navy–Marine Corps Public Health Command, Air Force public health programs, and any other related defense health activities that the Secretary considers appropriate, including overseas laboratories focused on preventive medicine, environmental health, and similar matters.”
“(b) Administration of Plans.—The plans established under this section shall be administered by the Secretary of Defense through an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (a) to enroll in an insurance plan under chapter 89A of title 5, in accordance with terms prescribed by the Secretary, including terms, to the extent practical, as defined by the Director through regulation, consistent with subsection (d) and, to the extent practicable in relation to such chapter 89A, other provisions of this section.”
“(g) Sharing of Information With State Prescription Drug Monitoring Programs.—
(1) The Secretary of Defense shall establish and maintain a program (to be known as the ‘Military Health System Prescription Drug Monitoring Program’) in accordance with this subsection. The program shall include a special emphasis on drugs provided through facilities of the uniformed services.
“(2) The program shall be—
“(A) comparable to prescription drug monitoring programs operated by States, including such programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g–3); and
“(B) applicable to designated controlled substance prescriptions under the pharmacy benefits program.
“(3)
(A) The Secretary shall establish appropriate procedures for the bi-directional sharing of patient-specific information regarding prescriptions for designated controlled substances between the program and State prescription drug monitoring programs.
“(B) The purpose of sharing of information under this paragraph shall be to prevent misuse and diversion of opioid medications and other designated controlled substances.
“(C) Any disclosure of patient-specific information by the Secretary under this paragraph is an authorized disclosure for purposes of the health information privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191).
“(4)
(A) Any procedures developed pursuant to paragraph (3)(A) shall include appropriate safeguards, as determined by the Secretary, concerning cyber security of Department of Defense systems and operational security of Department personnel.
“(B) To the extent the Secretary considers appropriate, the program may be treated as comparable to a State program for purposes of bi-directional sharing of controlled substance prescription information.
“(5) For purposes of this subsection, any reference to a program operated by a State includes any program operated by a county, municipality, or other subdivision within that State.”
“PART V— ACQUISITION
“subpart a— general
“201. Definitions 3001
“203. General Matters 3021
“205. Defense Acquisition System 3051
“207. Budgeting and Appropriations Matters 3101
“209. Operational Contract Support 3151
“subpart b— acquisition planning
“221. Planning and Solicitation Generally 3201
“223. Planning and Solicitation Relating to Particular Items or Services 3251
“subpart c— contracting methods and contract types
“241. Awarding of Contracts 3301
“243. Specific Types of Contracts 3351
“245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401
“247. Acquisition of Commercial Items 3451
“249. Multiyear Contracts 3501
“251. Simplified Acquisition Procedures 3551
“253. Emergency and Rapid Acquisitions 3601
“255. Contracting With or Through Other Agencies 3651
“subpart d— general contracting requirements
“271. Truthful Cost or Pricing Data 3701
“273. Allowable Costs 3741
“275. Proprietary Contractor Data and Technical Data 3771
“277. Contract Financing 3801
“279. Contractor Audits and Accounting 3841
“281. Claims and Disputes 3861
“283. Foreign Acquisitions 3881
“285. Small Business Programs 3901
“287. Socioeconomic Programs 3961
“subpart e— special categories of contracting: major defense acquisition programs and major systems
“301. Major Defense Acquisition Programs 4001
“303. Weapon Systems Development and Related Matters 4071
“305. Other Matters Relating to Major Systems 4121
“subpart f— special categories of contracting: research, development, test, and evaluation
“321. Research and Development Generally 4201
“323. Innovation 4301
“325. Department of Defense Laboratories 4351
“327. Research and Development Centers and Facilities 4401
“329. Operational Test and Evaluation; Developmental Test and Evaluation 4451
“subpart g— other special categories of contracting
“341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501
“343. Acquisition of Services 4541
“345. Acquisition of Information Technology 4571
“subpart h— contract management
“361. Contract Administration 4601
“363. Prohibitions and Penalties 4651
“365. Contractor Workforce 4701
“367. Other Administrative and Miscellaneous Provisions 4751
“subpart i— defense industrial base
“381. Defense Industrial Base Generally 4801
“383. Loan Guarantee Programs 4861
“385. Procurement Technical Assistance Cooperative Agreement Program 4881
“Subpart A— General
“CHAPTER 201— DEFINITIONS
Ҥ 3001. [
Reserved] [Reserved]
“CHAPTER 203— GENERAL MATTERS
Ҥ 3021. [
Reserved] [Reserved]
“CHAPTER 205— DEFENSE ACQUISITION SYSTEM
Ҥ 3051. [
Reserved] [Reserved]
“CHAPTER 207— BUDGETING AND APPROPRIATIONS MATTERS
Ҥ 3101. [
Reserved] [Reserved]
“CHAPTER 209— OPERATIONAL CONTRACT SUPPORT
Ҥ 3151. [
Reserved] [Reserved]
“Subpart B— Acquisition Planning
“CHAPTER 221— PLANNING AND SOLICITATION GENERALLY
Ҥ 3201. [
Reserved] [Reserved]
“CHAPTER 223— PLANNING AND SOLICITATION RELATING TO PARTICULAR ITEMS OR SERVICES
Ҥ 3251. [
Reserved] [Reserved]
“Subpart C— Contracting Methods and Contract Types
“CHAPTER 241— AWARDING OF CONTRACTS
Ҥ 3301. [
Reserved] [Reserved]
“CHAPTER 243— SPECIFIC TYPES OF CONTRACTS
Ҥ 3351. [
Reserved] [Reserved]
“CHAPTER 245— TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)
Ҥ 3401. [
Reserved] [Reserved]
“CHAPTER 247— ACQUISITION OF COMMERCIAL ITEMS
Ҥ 3451. [
Reserved] [Reserved]
“CHAPTER 249— MULTIYEAR CONTRACTS
Ҥ 3501. [
Reserved] [Reserved]
“CHAPTER 251— SIMPLIFIED ACQUISITION PROCEDURES
Ҥ 3551. [
Reserved] [Reserved]
“CHAPTER 253— EMERGENCY AND RAPID ACQUISITIONS
Ҥ 3601. [
Reserved] [Reserved]
“CHAPTER 255— CONTRACTING WITH OR THROUGH OTHER AGENCIES
Ҥ 3651. [
Reserved] [Reserved]
“Subpart D— General Contracting Requirements
“CHAPTER 271— TRUTHFUL COST OR PRICING DATA
Ҥ 3701. [
Reserved] [Reserved]
“CHAPTER 273— ALLOWABLE COSTS
Ҥ 3741. [
Reserved] [Reserved]
“CHAPTER 275— PROPRIETARY CONTRACTOR DATA AND TECHNICAL DATA
Ҥ 3771. [
Reserved] [Reserved]
“CHAPTER 277— CONTRACT FINANCING
Ҥ 3801. [
Reserved] [Reserved]
“CHAPTER 279— CONTRACTOR AUDITS AND ACCOUNTING
Ҥ 3841. [
Reserved] [Reserved]
“CHAPTER 281— CLAIMS AND DISPUTES
Ҥ 3861. [
Reserved] [Reserved]
“CHAPTER 283— FOREIGN ACQUISITIONS
Ҥ 3881. [
Reserved] [Reserved]
“CHAPTER 285— SMALL BUSINESS PROGRAMS
Ҥ 3901. [
Reserved] [Reserved]
“CHAPTER 287— SOCIOECONOMIC PROGRAMS
Ҥ 3961. [
Reserved] [Reserved]
“Subpart E— Special Categories of Contracting: Major Defense Acquisition Programs and Major Systems
“CHAPTER 301— MAJOR DEFENSE ACQUISITION PROGRAMS
Ҥ 4001. [
Reserved] [Reserved]
“CHAPTER 303— WEAPON SYSTEMS DEVELOPMENT AND RELATED MATTERS
Ҥ 4071. [
Reserved] [Reserved]
“CHAPTER 305— OTHER MATTERS RELATING TO MAJOR SYSTEMS
Ҥ 4121. [
Reserved] [Reserved]
“Subpart F— Special Categories of Contracting: Research, Development, Test, and Evaluation
“CHAPTER 321— RESEARCH AND DEVELOPMENT GENERALLY
Ҥ 4201. [
Reserved] [Reserved]
“CHAPTER 323— INNOVATION
Ҥ 4301. [
Reserved] [Reserved]
“CHAPTER 325— DEPARTMENT OF DEFENSE LABORATORIES
Ҥ 4351. [
Reserved] [Reserved]
“CHAPTER 327— RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES
Ҥ 4401. [
Reserved] [Reserved]
“CHAPTER 329— OPERATIONAL TEST AND EVALUATION; DEVELOPMENTAL TEST AND EVALUATION
Ҥ 4451. [
Reserved] [Reserved]
“Subpart G— Other Special Categories Of Contracting
“CHAPTER 341— CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS
Ҥ 4501. [
Reserved] [Reserved]
“CHAPTER 343— ACQUISITION OF SERVICES
Ҥ 4541. [
Reserved] [Reserved]
“CHAPTER 345— ACQUISITION OF INFORMATION TECHNOLOGY
Ҥ 4571. [
Reserved] [Reserved]
“Subpart H— Contract Management
“CHAPTER 361— CONTRACT ADMINISTRATION
Ҥ 4601. [
Reserved] [Reserved]
“CHAPTER 363— PROHIBITIONS AND PENALTIES
Ҥ 4651. [
Reserved] [Reserved]
“CHAPTER 365— CONTRACTOR WORKFORCE
Ҥ 4701. [
Reserved] [Reserved]
“CHAPTER 367— OTHER ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
Ҥ 4751. [
Reserved] [Reserved]
“Subpart I— Defense Industrial Base
“CHAPTER 381— DEFENSE INDUSTRIAL BASE GENERALLY
Ҥ 4801. [
Reserved] [Reserved]
“CHAPTER 383— LOAN GUARANTEE PROGRAMS
Ҥ 4861. [
Reserved] [Reserved]
“CHAPTER 385— PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM
Ҥ 4881. [
Reserved] “[Reserved]”
“Part V— ACQUISITION
“subpart a— general
“201. Definitions 3001
“203. General Matters 3021
“205. Defense Acquisition System 3051
“207. Budgeting and Appropriations Matters 3101
“209. Operational Contract Support 3151
“subpart b— acquisition planning
“221. Planning and Solicitation Generally 3201
“223. Planning and Solicitation Relating to Particular Items or Services 3251
“subpart c— contracting methods and contract types
“241. Awarding of Contracts 3301
“243. Specific Types of Contracts 3351
“245. Task and Delivery Order Contracts (Multiple Award Contracts) 3401
“247. Acquisition of Commercial Items 3451
“249. Multiyear Contracts 3501
“251. Simplified Acquisition Procedures 3551
“253. Emergency and Rapid Acquisitions 3601
“255. Contracting With or Through Other Agencies 3651
“subpart d— general contracting requirements
“271. Truthful Cost or Pricing Data 3701
“273. Allowable Costs 3741
“275. Proprietary Contractor Data and Technical Data 3771
“277. Contract Financing 3801
“279. Contractor Audits and Accounting 3841
“281. Claims and Disputes 3861
“283. Foreign Acquisitions 3881
“285. Small Business Programs 3901
“287. Socioeconomic Programs 3961
“subpart e— special categories of contracting: major defense acquisition programs and major systems
“301. Major Defense Acquisition Programs 4001
“303. Weapon Systems Development and Related Matters 4071
“305. Other Matters Relating to Major Systems 4121
“subpart f— special categories of contracting: research, development, test, and evaluation
“321. Research and Development Generally 4201
“323. Innovation 4301
“325. Department of Defense Laboratories 4351
“327. Research and Development Centers and Facilities 4401
“329. Operational Test and Evaluation; Developmental Test and Evaluation 4451
“subpart g— other special categories of contracting
“341. Contracting for Performance of Civilian Commercial or Industrial Type Functions 4501
“343. Acquisition of Services 4541
“345. Acquisition of Information Technology 4571
“subpart h— contract management
“361. Contract Administration 4601
“363. Prohibitions and Penalties 4651
“365. Contractor Workforce 4701
“367. Other Administrative and Miscellaneous Provisions 4751
“subpart i— defense industrial base
“381. Defense Industrial Base Generally 4801
“383. Loan Guarantee Programs 4861
“385. Procurement Technical Assistance Cooperative Agreement Program 4881”.
| Section | Redesignated Section |
|---|---|
| 6011 | 8211 |
| 6012 | 8212 |
| 6013 | 8213 |
| 6014 | 8214 |
| 6019 | 8215 |
| 6021 | 8216 |
| 6022 | 8217 |
| 6024 | 8218 |
| 6027 | 8219 |
| 6029 | 8220 |
| 6031 | 8221 |
| 6032 | 8222 |
| 6035 | 8225 |
| 6036 | 8226 |
| Section | Redesignated Section |
|---|---|
| 6141 | 8261 |
| 6151 | 8262 |
| 6152 | 8263 |
| 6153 | 8264 |
| 6154 | 8265 |
| 6155 | 8266 |
| 6156 | 8267 |
| 6160 | 8270 |
| 6161 | 8271 |
| Section | Redesignated Section |
|---|---|
| 7541 | 8761 |
| 7541a | 8761a |
| 7541b | 8761b |
| 7542 | 8762 |
| 7543 | 8763 |
| 7544 | 8764 |
| 7545 | 8765 |
| 7546 | 8766 |
| 7547 | 8767 |
“(m) Additional Duties of Procurement Center Representatives.—All procurement center representatives (including those referred to in subsection (k)(6)), in addition to such other duties as may be assigned by the Administrator, shall increase, insofar as possible, the number and dollar value of procurements that may be used for the programs established under this section and section 8(a).”
“(5) be included in the future-years defense program submitted to Congress under section 221 of this title.”
“(5) The term ‘approved purchasing system’ has the meaning given the term in section 44.101 of the Federal Acquisition Regulation (or any similar regulation).”
; and
“(i) Consent to Subcontract.—If the contractor on a Department of Defense contract requiring a contracting officer’s written consent prior to the contractor entering into a subcontract has an approved purchasing system, the contracting officer may not withhold such consent without the written approval of the program manager.”
Ҥ 2229b. Comptroller General assessment of acquisition programs and initiatives
“(a) Assessment Required.—The Comptroller General of the United States shall submit to the congressional defense committees an annual assessment of selected acquisition programs and initiatives of the Department of Defense by March 30th of each year from 2020 through 2023.
“(b) Analyses To Be Included.—The assessment required under subsection (a) shall include—
“(1) a macro analysis of how well acquisition programs and initiatives are performing and reasons for that performance;
“(2) a summary of organizational and legislative changes and emerging assessment methodologies since the last assessment, and a discussion of the implications for execution and oversight of programs and initiatives; and
“(3) specific analyses of individual acquisition programs and initiatives.
“(c) Acquisition Programs and Initiatives to Be Considered.—The assessment required under subsection (a) shall consider the following programs and initiatives:
“(1) Selected weapon systems, as determined appropriate by the Comptroller General.
“(2) Selected information technology systems and initiatives, including defense business systems, networks, and software-intensive systems, as determined appropriate by the Comptroller General.
“(3) Selected prototyping and rapid fielding activities and initiatives, as determined appropriate by the Comptroller General.”
“2229b. Comptroller General assessment of acquisition programs and related initiatives.”.
Ҥ 103. Commercial product
“In this subtitle, the term ‘commercial product’ means any of the following:
“(1) A product, other than real property, that—
“(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
“(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
“(2) A product that—
“(A) evolved from a product described in paragraph (1) through advances in technology or performance; and
“(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.
“(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
“(A) modifications of a type customarily available in the commercial marketplace; or
“(B) minor modifications made to meet Federal Government requirements.
“(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.
“(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
“(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
“(A) the product was developed exclusively at private expense; and
“(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
Ҥ 103a. Commercial service
“In this subtitle, the term ‘commercial service’ means any of the following:
“(1) Installation services, maintenance services, repair services, training services, and other services if—
“(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
“(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
“(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—
“(A) based on established catalog or market prices;
“(B) for specific tasks performed or specific outcomes to be achieved; and
“(C) under standard commercial terms and conditions.
“(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.”
“103. Commercial product.
“103a. Commercial service.”.
“§ 1906. List of laws inapplicable to procurements of commercial products and commercial services”
“1906. List of laws inapplicable to procurements of commercial products and commercial services.”.
“§ 3307. Preference for commercial products and commercial services”
“3307. Preference for commercial products and commercial services.”.
“§ 4505. Payments for commercial products and commercial services”
“4505. Payments for commercial products and commercial services.”.
“(I) The term ‘commercial product’.
“(J) The term ‘commercial service’.”
“CHAPTER 140— PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES”
.
“§ 2375. Relationship of other provisions of law to procurement of commercial products and commercial services”
“§ 2377. Preference for commercial products and commercial services”
“§ 2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress”
“§ 2380. Commercial product and commercial service determinations by Department of Defense”
“§ 2380a. Treatment of certain products and services as commercial products and commercial services”
“§ 2380b. Treatment of commingled items purchased by contractors as commercial products”
“2375. Relationship of other provisions of law to procurement of commercial products and commercial services.
“2376. Definitions.
“2377. Preference for commercial products and commercial services.
“2379. Procurement of a major weapon system as a commercial product: requirement for prior determination by Secretary of Defense and notification to Congress.
“2380. Commercial product and commercial service determinations by Department of Defense.
“2380a. Treatment of certain products and services as commercial products and commercial services.
“2380b. Treatment of commingled items purchased by contractors as commercial products.”.
“140. Procurement of Commercial Products and Commercial Services 2377”.
“(3) The term ‘commercial service’ has the meaning provided by section 103a of title 41, United States Code.”
“(5) Definition.—In this subsection, the term ‘commercial product’ has the meaning given that term in section 103 of title 41.”
“(1) Commercial product.—The term ‘commercial product’ has the meaning given the term in section 103 of title 41, United States Code.
“(2) Commercial service.—The term ‘commercial service’ has the meaning given the term in section 103a of title 41, United States Code.”
“(5) A procurement of a product made through a commercial e-commerce portal under the program established pursuant to subsection (a) is deemed to satisfy requirements for full and open competition pursuant to section 2304 of title 10, United States Code, and section 3301 of title 41, United States Code, if—
“(A) there are offers from two or more suppliers of such a product or similar product with substantially the same physical, functional, or performance characteristics on the online marketplace; and
“(B) the Administrator establishes procedures to implement subparagraph (A) and notifies Congress at least 30 days before implementing such procedures.”
; and
“(3) agree not to use, for pricing, marketing, competitive, or other purposes, any information, including any Government-owned data, such as purchasing trends or spending habits, related to a product from a third-party supplier featured on the commercial e-commerce portal or the transaction of such product, except as necessary to comply with the requirements of the program established in subsection (a).”
“(k) Limitation on Certain Procurements Application Process.—
“(1) In general.—The Secretary of Defense shall administer a process to analyze and assess potential items for consideration to be required to be procured from a manufacturer that is part of the national technology and industrial base.
“(2) Elements.—The application process required under paragraph (1) shall include the following elements:
“(A) The Secretary shall designate an official within the Office of the Secretary of Defense responsible for administration of the limitation on certain procurements application process and associated policy.
“(B) A person or organization that meets the definition of national technology and industrial base under section 2500(1) of this title shall have the opportunity to apply for status as an item required to be procured from a manufacturer that is part of the national technology and industrial base. The application shall include, at a minimum, the following information:
“(i) Information demonstrating the applicant meets the criteria of a manufacturer in the national technology and industrial base under section 2500(1) of this title.
“(ii) For each item the applicant seeks to be required to be procured from a manufacturer that is part of the national technology and industrial base, the applicant shall include the following information:
“(I) The extent to which such item has commercial applications.
“(II) The number of such items to be procured by current programs of record.
“(III) The criticality of such item to a military unit’s mission accomplishment.
“(IV) The estimated cost and other considerations of reconstituting the manufacturing capability of such item, if not maintained in the national technology and industrial base.
“(V) National security regulations or restrictions imposed on such item that may not be imposed on a non-national technology and industrial base competitor.
“(VI) Non-national security-related Federal, State, and local government regulations imposed on such item that may not be imposed on a non-national technology and industrial base competitor.
“(VII) The extent to which such item is fielded in current programs of record.
“(VIII) The extent to which cost and pricing data for such item has been deemed fair and reasonable.
“(3) Consideration of applications.—
“(A) Responsibility of designated official.—The official designated pursuant to paragraph (2)(A) shall be responsible for providing complete applications submitted pursuant to this subsection to the appropriate component acquisition executive for consideration not later than 15 days after receipt of such application.
“(B) Review.—Not later than 120 days after receiving a complete application, the component acquisition executive shall review such application, make a determination, and return the application to the official designated pursuant to paragraph (2)(A).
“(C) Elements of determination.—The determination required under subparagraph (B) shall, for each item proposed pursuant to paragraph (2)(B)(ii)—
“(i) recommend inclusion under this section;
“(ii) recommend inclusion under this section with further modifications; or
“(iii) not recommend inclusion under this section.
“(D) Justification.—The determination required under subparagraph (B) shall also include the rationale and justification for the determination.
“(4) Recommendations for legislation.—For applications recommended under subsection (3), the official designated pursuant to paragraph (2)(A) shall be responsible for preparing a legislative proposal for consideration by the Secretary.”
Ҥ 2283. Department of Defense small business strategy
“(a) In General.—The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section.
“(b) Unified Management Structure.—As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to—
“(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act);
“(2) manufacturing and industrial base policy; and
“(3) any procurement technical assistance program established under chapter 142 of this title.
“(c) Purpose of Small Business Programs.—The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449).
“(d) Points of Entry Into Defense Market.—The Secretary shall ensure—
“(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and
“(2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns.
“(e) Enhanced Outreach Under Procurement Technical Assistance Program Market.—The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 142 of this title to facilitate small business contracting with the Department of Defense.”
“2283. Department of Defense small business strategy.”.
“(2)
(A) For a prime contractor (as defined in section 8701 of title 41) that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if a specific payment date is not established by contract.
“(B) For a prime contractor that subcontracts with a small business concern, the Secretary of Defense shall, to the fullest extent permitted by law, establish an accelerated payment date with a goal of 15 days after receipt of a proper invoice for the amount due if—
“(i) a specific payment date is not established by contract; and
“(ii) the prime contractor agrees to make payments to the subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.”
“(K) funding for improvements that increase commonality across data systems, reduce redundancy, and improve data oversight and accuracy.”
; and
“(tt) Outstanding Reports and Evaluations.—
“(1) In general.—Not later than March 30, 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives—
“(A) each report, evaluation, or analysis, as applicable, described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C), (gg)(6), (jj)(6), and (mm)(6); and
“(B) metrics regarding, and an evaluation of, the authority provided to the National Institutes of Health, the Department of Defense, and the Department of Education under subsection (cc).
“(2) Information required.—Not later than December 31, 2018, the head of each agency that is responsible for carrying out a provision described in subparagraph (A) or (B) of paragraph (1) shall submit to the Administrator any information that is necessary for the Administrator to carry out the responsibilities of the Administrator under that paragraph.”
“(1) In general.—Federal agencies”
“(2) Pilot program to accelerate department of defense sbir and sttr awards.—
“(A) In general.—Not later than 1 year after the date of enactment of this paragraph, the Under Secretary of Defense for Research and Engineering, acting through the Director of Defense Procurement and Acquisition Policy of the Department of Defense, shall establish a pilot program to reduce the time for awards under the SBIR and STTR programs of the Department of Defense, under which the Department of Defense shall—
“(i) develop simplified and standardized procedures and model contracts throughout the Department of Defense for Phase I, Phase II, and Phase III SBIR awards;
“(ii) for Phase I SBIR and STTR awards, reduce the amount of time between solicitation closure and award;
“(iii) for Phase II SBIR and STTR awards, reduce the amount of time between the end of a Phase I award and the start of the Phase II award;
“(iv) for Phase II SBIR and STTR awards that skip Phase I, reduce the amount of time between solicitation closure and award;
“(v) for sequential Phase II SBIR and STTR awards, reduce the amount of time between Phase II awards; and
“(vi) reduce the award times described in clauses (ii), (iii), (iv), and (v) to be as close to 90 days as possible.
“(B) Consultation.—In carrying out the pilot program under subparagraph (A), the Director of Defense Procurement and Acquisition Policy of the Department of Defense shall consult with the Director of the Office of Small Business Programs of the Department of Defense.
“(C) Termination.—The pilot program under subparagraph (A) shall terminate on September 30, 2022.”
; and
“(1) In general.—Federal agencies”
; and
“(2) Comptroller general reports.—The Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Armed Services of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Armed Services of the House of Representatives—
“(A) not later than 1 year after the date of enactment of this paragraph, and every year thereafter for 3 years, a report that—
“(i) provides the average and median amount of time that each component of the Department of Defense with an SBIR or STTR program takes to review and make a final decision on proposals submitted under the program; and
“(ii) compares that average and median amount of time with that of other Federal agencies participating in the SBIR or STTR program; and
“(B) not later than December 5, 2021, a report that—
“(i) includes the information described in subparagraph (A);
“(ii) assesses where each Federal agency participating in the SBIR or STTR program needs improvement with respect to the proposal review and award times under the program;
“(iii) identifies best practices for shortening the proposal review and award times under the SBIR and STTR programs, including the pros and cons of using contracts compared to grants; and
“(iv) analyzes the efficacy of the pilot program established under subsection (hh)(2).”
“(A) In general.—Each agency may select 1 or more vendors from which small business concerns may obtain assistance in meeting”
; and
“(B) Selection by small business concern.—A small business concern may, by contract or otherwise, select 1 or more vendors to assist the small business concern in meeting the goals listed in paragraph (1).”
; and
“(E) Multiple award recipients.—The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or purchased under subparagraph (B) by a small business concern that has received multiple Phase II SBIR or STTR awards for a fiscal year.”
; and
“(4) Annual reporting.—
“(A) In general.—A small business concern that receives technical or business assistance from a vendor under this subsection during a fiscal year shall submit to the Federal agency contracting with the vendor a description of the technical or business assistance provided and the benefits and results of the technical or business assistance provided.
“(B) Use of existing reporting mechanism.—The information required under subparagraph (A) shall be collected by a Federal agency as part of a report required to be submitted by small business concerns engaged in SBIR or STTR projects of the Federal agency for which the requirement was in effect on the date of enactment of this paragraph.”
“(w) Solicitation Notice Regarding Administration of Change Orders for Construction.—
“(1) In general.—With respect to any solicitation for the award of a contract for construction anticipated to be awarded to a small business concern, the agency administering such contract shall provide a notice along with the solicitation to prospective bidders and offerors that includes—
“(A) information about the agency’s policies or practices in complying with the requirements of the Federal Acquisition Regulation relating to the timely definitization of requests for an equitable adjustment; and
“(B) information about the agency’s past performance in definitizing requests for equitable adjustments in accordance with paragraph (2).
“(2) Requirements for agencies.—An agency shall provide the past performance information described under paragraph (1)(B) as follows:
“(A) For the 3-year period preceding the issuance of the notice, to the extent such information is available.
“(B) With respect to an agency that, on the date of the enactment of this subsection, has not compiled the information described under paragraph (1)(B)—
“(i) beginning 1 year after the date of the enactment of this subsection, for the 1-year period preceding the issuance of the notice;
“(ii) beginning 2 years after the date of the enactment of this subsection, for the 2-year period preceding the issuance of the notice; and
“(iii) beginning 3 years after the date of the enactment of this subsection and each year thereafter, for the 3-year period preceding the issuance of the notice.
“(3) Format of past performance information.—In the notice required under paragraph (1), the agency shall ensure that the past performance information described under paragraph (1)(B) is set forth separately for each definitization action that was completed during the following periods:
“(A) Not more than 30 days after receipt of a request for an equitable adjustment.
“(B) Not more than 60 days after receipt of a request for an equitable adjustment.
“(C) Not more than 90 days after receipt of a request for an equitable adjustment.
“(D) Not more than 180 days after receipt of a request for an equitable adjustment.
“(E) Not more than 365 days after receipt of a request for an equitable adjustment.
“(F) More than 365 days after receipt of a request for an equitable adjustment.
“(G) After the completion of the performance of the contract through a contract modification addressing all undefinitized requests for an equitable adjustment received during the term of the contract.”
“(1) an amount”
“(2) an amount determined appropriate by the Director to assist eligible entities in payment of costs of eligible entities —
“(A) for meetings to discuss best practices for the improvement of the operations of procurement technical assistance centers; and
“(B) for membership dues for any association of such centers created by eligible entities, training fees and associated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association.”
“(uu) Commercialization Assistance Pilot Programs.—
“(1) Pilot programs implemented.—
“(A) In general.—Except as provided in subparagraph (B), not later than one year after the date of the enactment of this subsection, a covered agency shall implement a commercialization assistance pilot program, under which an eligible entity may receive a subsequent Phase II SBIR award.
“(B) Exception.—If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection.
“(2) Percent of agency funds.—The head of each covered agency may allocate not more than 5 percent of the funds allocated to the SBIR program of the covered agency for the purpose of making a subsequent Phase II SBIR award under the commercialization assistance pilot program.
“(3) Termination.—A commercialization assistance pilot program established under this subsection shall terminate on September 30, 2022.
“(4) Application.—To be selected to receive a subsequent Phase II SBIR award under a commercialization assistance pilot program, an eligible entity shall submit to the covered agency implementing such pilot program an application at such time, in such manner, and containing such information as the covered agency may require, including—
“(A) an updated Phase II commercialization plan; and
“(B) the source and amount of the matching funding required under paragraph (5).
“(5) Matching funding.—
“(A) In general.—The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor.
“(B) Ineligible sources.—An eligible entity may not use funding from ineligible sources to meet the matching requirement of subparagraph (A).
“(6) Award.—A subsequent Phase II SBIR award made to an eligible entity under this subsection—
“(A) may not exceed the limitation described under subsection (aa)(1); and
“(B) shall be disbursed during Phase II.
“(7) Use of funds.—The funds awarded to an eligible entity under this subsection may only be used for research and development activities that build on eligible entity’s Phase II program and ensure the research funded under such Phase II is rapidly progressing towards commercialization.
“(8) Selection.—In selecting eligible entities to participate in a commercialization assistance pilot program under this subsection, the head of a covered agency shall consider—
“(A) the extent to which such award could aid the eligible entity in commercializing the research funded under the eligible entity’s Phase II program;
“(B) whether the updated Phase II commercialization plan submitted under paragraph (4) provides a sound approach for establishing technical feasibility that could lead to commercialization of such research;
“(C) whether the proposed activities to be conducted under such updated Phase II commercialization plan further improve the likelihood that such research will provide societal benefits;
“(D) whether the small business concern has progressed satisfactorily in Phase II to justify receipt of a subsequent Phase II SBIR award;
“(E) the expectations of the eligible third-party investor that provides matching funding under paragraph (5); and
“(F) the likelihood that the proposed activities to be conducted under such updated Phase II commercialization plan using matching funding provided by such eligible third-party investor will lead to commercial and societal benefit.
“(9) Evaluation report.—Not later than 6 years after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to the Committee on Science, Space, and Technology and the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate, a report including—
“(A) a summary of the activities of commercialization assistance pilot programs carried out under this subsection;
“(B) a detailed compilation of results achieved by such commercialization assistance pilot programs, including the number of eligible entities that received awards under such programs;
“(C) the rate at which each eligible entity that received a subsequent Phase II SBIR award under this subsection commercialized research of the recipient;
“(D) the growth in employment and revenue of eligible entities that is attributable to participation in a commercialization assistance pilot program;
“(E) a comparison of commercialization success of eligible entities participating in a commercialization assistance pilot program with recipients of an additional Phase II SBIR award under subsection (ff);
“(F) demographic information, such as ethnicity and geographic location, of eligible entities participating in a commercialization assistance pilot program;
“(G) an accounting of the funds used at each covered agency that implements a commercialization assistance pilot program under this subsection;
“(H) the amount of matching funding provided by eligible third-party investors, set forth separately by source of funding;
“(I) an analysis of the effectiveness of the commercialization assistance pilot program implemented by each covered agency; and
“(J) recommendations for improvements to the commercialization assistance pilot program.
“(10) Definitions.—For purposes of this subsection:
“(A) Covered agency.—The term ‘covered agency’ means a Federal agency required to have an SBIR program.
“(B) Eligible entity.—The term ‘eligible entity’ means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award.
“(C) Eligible third-party investor.—The term ‘eligible third-party investor’ means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof.
“(D) Ineligible sources.—The term ‘ineligible sources’ means the following:
“(i) The eligible entity’s internal research and development funds.
“(ii) Funding in forms other than cash, such as in-kind or other intangible assets.
“(iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners.
“(iv) Funding attained through loans or other forms of debt obligations.
“(E) Subsequent phase ii sbir award.—The term ‘subsequent Phase II SBIR award’ means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program.”
“(ee) Puerto Rico Business.—In this Act, the term ‘Puerto Rico business’ means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.”
“(x) Small Business Credit for Puerto Rico Businesses.—
“(1) Credit for meeting contracting goals.—If an agency awards a prime contract to Puerto Rico business during the period beginning on the date of enactment of this subsection and ending on the date that is 4 years after such date of enactment, the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A)(i) during such period.
“(2) Report.—Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard described in section 868(b) of the National Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.”
“(iii)
(I) In this clause, the term ‘covered period’ means the period beginning on the date of enactment of this clause and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates.
“(II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business if the Puerto Rico business meets the requirements for such a transfer, without regard to whether the Puerto Rico business is a Program Participant.”
“(3) Puerto rico businesses.—During the period beginning on the date of enactment of this paragraph and ending on the date on which the Oversight Board established under section 101 of the Puerto Rico Oversight, Management, and Economic Stability Act (48 U.S.C. 2121) terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—
“(A) positive consideration in any past performance evaluation of the covered mentor; and
“(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 8(d)) of the covered mentor.”
“(4) Covered mentor.—The term ‘covered mentor’ means a mentor that enters into an agreement under this Act, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.
“(5) Covered protege.—The term ‘covered protege’ means a protege of a covered mentor that is a Puerto Rico business.”
“(i) to qualified employee trusts”
“(ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.”
“(iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)—
“(I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and
“(II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.”
; and
“(F) A small business concern that makes a loan to a qualified employee trust under subparagraph (A)(ii) is not required to contain the same terms and conditions as the loan made to the small business concern that is guaranteed by the Administration under such subparagraph.
“(G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.”
; and
“(35) Loans to cooperatives.—
“(A) Definition.—In this paragraph, the term ‘cooperative’ means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.
“(B) Authority.—The Administration shall guarantee loans made to a cooperative for the purpose described in paragraph (15).”
“(U) encouraging and assisting the provision of succession planning to small business concerns with a focus on transitioning to cooperatives, as defined in section 7(a)(35), and qualified employee trusts (collectively referred to in this subparagraph as ‘employee-owned business concerns’), including by—
“(i) providing training to individuals to promote the successful management, governance, or operation of a business purchased by those individuals in the formation of an employee-owned business concern;
“(ii) assisting employee-owned business concerns that meet applicable size standards established under section 3(a) with education and technical assistance with respect to financing and contracting programs administered by the Administration;
“(iii) coordinating with lenders on conducting outreach on financing through programs administered by the Administration that may be used to support the transition of ownership to employees;
“(iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and
“(v) coordinating with the cooperative development centers of the Department of Agriculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institutions, employee ownership associations and service providers, and local, regional and national cooperative associations.”
“(i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made—
“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
“(II) to cooperatives;
“(ii) the total number of financings made to employee-owned business concerns by companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 696(c)), including the number of financings made—
“(I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and
“(II) to cooperatives; and
“(iii) any outreach and educational activities conducted by the Administration with respect to employee-owned business concerns.”
“(ii) which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in section 4975(e)(8) of the Internal Revenue Code of 1986), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the Internal Revenue Code of 1986; and”
“(1) Upon filing of a suit or appeal under the contract dispute statute by a contractor or subcontractor in an agency Board of Contract Appeals or United States Claims Court related to a decision made by a contracting officer under subsection (g), the Secretary of Defense, or a Secretary of a military department for programs for which milestone decision authority has been delegated, on a nondelegable basis, may, following notice to the contractor or subcontractor, authorize use of the technical data in dispute if the Secretary determines in writing that compelling mission readiness requirements will not permit awaiting the final decision by the agency Board of Contract Appeals or the United States Claims Court.”
Ҥ 2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations
“(a) In General.—Except as provided in subsection (c), the Secretary of Defense may not—
“(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsection (c); or
“(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—
“(A) any covered nation; or
“(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.
“(b) Applicability.—Subsection (a) shall apply to prime contracts and subcontracts at any tier.
“(c) Exceptions.—Subsection (a) does not apply under the following circumstances:
“(1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price.
“(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States for use outside of the United States.
“(3) To the purchase by the Secretary of an end item containing a covered material that is—
“(A) a commercially available off-the-shelf item (as defined in section 104 of title 41), other than—
“(i) a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or
“(ii) a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;
“(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic device is critical to national security; or
“(C) a neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States.
“(d) Definitions.—In this section:
“(1) Covered material.—The term ‘covered material’ means—
“(A) samarium-cobalt magnets;
“(B) neodymium-iron-boron magnets;
“(C) tungsten metal powder; and
“(D) tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy.
“(2) Covered nation.—The term ‘covered nation’ means—
“(A) the Democratic People’s Republic of North Korea;
“(B) the People’s Republic of China;
“(C) the Russian Federation; and
“(D) the Islamic Republic of Iran.
“(3) End item.—The term ‘end item’ has the meaning given in section 2533b(m) of this title.”
“2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations.”.
“(3) Exceptions for certain indefinite delivery, indefinite quantity multiple-award contracts and certain federal supply schedule contracts for services acquired on an hourly rate.—If an executive agency issues a solicitation for one or more contracts for services to be acquired on an hourly rate basis under the authority of sections 4103 and 4106 of this title or section 152(3) of this title and section 501(b) of title 40 and the executive agency intends to make a contract award to each qualifying offeror and the contract or contracts will feature individually competed task or delivery orders based on hourly rates—
“(A) the contracting officer need not consider price as an evaluation factor for contract award; and
“(B) if, pursuant to subparagraph (A), price is not considered as an evaluation factor for contract award, cost or price to the Federal Government shall be considered in conjunction with the issuance pursuant to sections 4106(c) and 152(3) of this title of any task or delivery order under any contract resulting from the solicitation.
“(4) Definition.—In paragraph (3), the term ‘qualifying offeror’ means an offeror that—
“(A) is determined to be a responsible source;
“(B) submits a proposal that conforms to the requirements of the solicitation;
“(C) meets all technical requirements; and
“(D) is otherwise eligible for award.”
Ҥ 2339a. Requirements for information relating to supply chain risk
“(a) Authority.—Subject to subsection (b), the head of a covered agency may—
“(1) carry out a covered procurement action; and
“(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
“(b) Determination and Notification.—The head of a covered agency may exercise the authority provided in subsection (a) only after—
“(1) obtaining a joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense, on the basis of a risk assessment by the Under Secretary of Defense for Intelligence, that there is a significant supply chain risk to a covered system;
“(2) making a determination in writing, in unclassified or classified form, with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment, that—
“(A) use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;
“(B) less intrusive measures are not reasonably available to reduce such supply chain risk; and
“(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and
“(3) providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
“(A) the information required by section 2304(f)(3) of this title;
“(B) the joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense as specified in paragraph (1);
“(C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and
“(D) a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
“(c) Delegation.—The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency concerned.
“(d) Limitation on Disclosure.—If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—
“(1) no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and
“(2) the agency head shall—
“(A) notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action;
“(B) notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and
“(C) ensure the confidentiality of any such notifications.
“(e) Definitions.—In this section:
“(1) Head of a covered agency.—The term ‘head of a covered agency’ means each of the following:
“(A) The Secretary of Defense.
“(B) The Secretary of the Army.
“(C) The Secretary of the Navy.
“(D) The Secretary of the Air Force.
“(2) Covered procurement action.—The term ‘covered procurement action’ means any of the following actions, if the action takes place in the course of conducting a covered procurement:
“(A) The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of section 2319 of this title for the purpose of reducing supply chain risk in the acquisition of covered systems.
“(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
“(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
“(3) Covered procurement.—The term ‘covered procurement’ means—
“(A) a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in section 2305(a)(1)(C)(ii) of this title, or an evaluation factor, as provided in section 2305(a)(2)(A) of this title, relating to supply chain risk;
“(B) the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in section 2304c(d)(3) of this title, where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
“(C) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.
“(4) Supply chain risk.—The term ‘supply chain risk’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.
“(5) Covered system.—The term ‘covered system’ means a national security system, as that term is defined in section 3542(b) of title 44.
“(6) Covered item of supply.—The term ‘covered item of supply’ means an item of information technology (as that term is defined in section 11101 of title 40) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
“(7) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—
“(A) in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and
“(B) in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.”
“2339a. Requirements for information relating to supply chain risk.”.
“(4) The Director shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of operational or live fire test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.”
“(2) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall be responsible and have overall direction and supervision for—
“(A) the development, implementation, and integration across the Department of Defense of the National Defense Strategy (as described by section 113 of this title) and strategic policy guidance for the activities of the Department of Defense across all geographic regions and military functions and domains;
“(B) the integration of the activities of the Department into the National Security Strategy of the United States;
“(C) the development of policy guidance for the preparation of campaign and contingency plans by the combatant commands, and for the review of such plans;
“(D) the preparation of policy guidance for the development of the global force posture; and
“(E) the development of the Defense Planning Guidance that guides the formulation of program and budget requests by the military departments and other elements of the Department.”
“(5) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary shall coordinate with the Chairman of the Joint Chiefs of Staff and the Director of Cost Assessment and Program Evaluation to—
“(A) develop planning scenarios that describe the present and future strategic and operational environments by which to assess joint force capabilities and readiness; and
“(B) develop specific objectives that the joint force should be ready to achieve, and conduct assessments of the capability (in terms of both capacity and readiness) of the joint force to achieve such objectives.”
“(D) formulating policies for development and experimentation on both urgent and long-term concepts for joint force employment, including establishment of a process within the Joint Staff for analyzing and prioritizing gaps in capabilities that could potentially be addressed by joint concept development using existing or modified joint force capabilities;”
“(7) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department.”
“(c) Budget Authority.—
(1)
(A) Beginning in fiscal year 2020, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity specified by the Secretary for purposes of this subsection to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller).
“(B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer.
“(C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following:
“(i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A).
“(ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations.
“(iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report.
“(iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets.
“(2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence.”
“(1)
(A) Not later than January 1, 2020, and periodically (but not less frequently than every four years) thereafter, the Chief Management Officer of the Department of Defense shall conduct a review of the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. Each review shall, to the maximum extent practicable, be conducted in coordination with other ongoing efforts in connection with business enterprise reform.
“(B) As part of each review under this paragraph, the Chief Management Officer shall identify each activity of an Agency or Activity that is substantially similar to, or duplicative of, an activity carried out by another organization or element of the Department of Defense, or is not being performed to an adequate level to meet Department needs.
“(C) For purposes of conducting reviews under this paragraph, the Chief Management Officer shall develop internal guidance that defines requirements for such reviews and provides clear direction for conducting and recording the results of reviews.
“(2)
(A) Not later than 90 days after the completion of a review under paragraph (1), the Chief Management Officer shall submit to the congressional defense committees a report that sets forth the results of the review.
“(B) The report on a review under this paragraph shall, based on the results of the review, include the following:
“(i) A list of each Defense Agency and Department of Defense Field Activity that the Chief Management Officer has determined—
“(I) operates efficiently and effectively; and
“(II) does not carry out any function that is substantially similar to, or duplicative of, a function carried out by another organization or element of the Department of Defense.
“(ii) With respect to each Agency or Activity not included on the list under clause (i), a plan, aimed at better meeting Department needs, for—
“(I) rationalizing the functions within such Agency or Activity; or
“(II) transferring some or all of the functions of such Agency or Activity to another organization or element of the Department.
“(iii) Recommendations for functions, if any, currently conducted separately by the military departments that should be consolidated into an Agency or Activity.”
“(e) Limitation on Termination.—The Secretary of Defense may not terminate a Defense Agency or Department of Defense Field Activity until 30 days after the date on which the Secretary submits to the congressional defense committees a report setting forth the following:
“(1) Notice of the intent of the Secretary to terminate the Agency or Activity.
“(2) Such recommendations for legislative action as the Secretary considers appropriate in connection with the termination of the Agency or Activity.”
“(H) The number of denials or revocations of a security clearance by each authorized adjudicative agency that occurred separately from a periodic reinvestigation.”
“240a. Audit of Department of Defense financial statements.
“240b. Financial Improvement and Audit Remediation Plan.
“240c. Audit: consolidated corrective action plan; centralized reporting system.
“240d. Audits: audit of financial statements of Department of Defense components by independent external auditors.
“240e. Audits: use of commercial data integration and analysis products in preparing audits.
“240f. Audits: selection of service providers for audit services.”.
“(vii) If less than 50 percent of the auditing services or if less than 50 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 240d(b) of this title, a detailed description of the risks associated with the risks of the acquisition strategy of the Department with respect to conducting audits and audit remediation activities and an explanation of how the strategy complies with the policies expressed by Congress.
“(viii) If less than 25 percent of the auditing services or if less than 25 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2), are being performed by professionals meeting the qualifications described in section 240d(b) of this title, a written certification that the staffing ratio complies with commercial best practices and presents no increased risk of delay in the Department’s ability to achieve a clean audit opinion.”
; and
“(C) Additional requirements.—
“(i) Unclassified form.—A description submitted pursuant to clause (vii) of subparagraph (B) or a certification submitted pursuant to clause (viii) of such subparagraph shall be submitted in unclassified form, but may contain a classified annex.
“(ii) Delegation.—The Secretary may not delegate the submission of a certification pursuant to clause (viii) of subparagraph (B) to any official other than the Deputy Secretary of Defense, the Chief Management Officer, or the Under Secretary of Defense (Comptroller).”
“(F) The estimated operations and sustainment costs required to support the vessels delivered under the naval vessel construction plan.”
“(E) The Secretary may not use the authority under this paragraph to procure more than two foreign constructed vessels unless the Secretary submits to Congress, by not later than the second week of February of the fiscal year during which the Secretary plans to use such authority, a certification that—
“(i) the Secretary has initiated an acquisition strategy for the construction in United States shipyards of not less than ten new sealift vessels; and
“(ii) of such new sealift vessels, the lead ship is anticipated to be delivered by not later than 2026.”
“(viii) A detailed account of the criteria used to make the determination under subparagraph (B).”
; and
“(G) The Secretary may not finalize or execute the final purchase of any vessel using the authority under this paragraph until 30 days after the date on which a report under subparagraph (E) is submitted with respect to such purchase.”
“(c) Listing as Battle Force Ship in Naval Vessel Register.—A covered vessel may not be listed in the Naval Vessel Register or other fleet inventory measures as a battle force ship until the delivery date specified in subsection (a).”
“(d) Definitions.—In this section:
“(1) The term ‘covered vessel’ means any vessel of the Navy that is under construction or constructed using amounts authorized to be appropriated for the Department of Defense for shipbuilding and conversion, Navy.
“(2) The term ‘battle force ship’ means the following:
“(A) A commissioned United States Ship warship capable of contributing to combat operations.
“(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.”
Ҥ 7321. Nuclear-powered aircraft carriers: dismantlement and disposal
“(a) In General.—Not less than 90 days before the award of a contract for the dismantlement and disposal of a nuclear-powered aircraft carrier, or the provision of funds to a naval shipyard for the dismantlement and disposal of a nuclear-powered aircraft carrier, the Secretary of the Navy shall submit to the congressional defense committees a report setting forth the following:
“(1) A cost and schedule baseline for the dismantlement and disposal approved by the service acquisition executive of the Department of the Navy and the Chief of Naval Operations.
“(2) A description of the regulatory framework applicable to the management of radioactive materials in connection with the dismantlement and disposal, including, in cases in which the Navy intends to have another government entity serve as the regulatory enforcement authority—
“(A) a certification from that entity of its agreement to serve as the regulatory enforcement authority; and
“(B) a description of the legal basis for the authority of that entity to serve as the regulatory enforcement authority.
“(b) Supplemental Information With Budgets.—In the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for a fiscal year (as submitted to Congress under section 1105(a) of title 31), the Secretary of the Navy shall include information on each dismantlement and disposal of a nuclear-powered aircraft carrier occurring or planned to occur during the period of the future-years defense program submitted to Congress with that budget. Such information shall include, by ship concerned, the following:
“(1) A summary of activities and significant developments in connection with such dismantlement and disposal.
“(2) If applicable, a detailed description of cost and schedule performance against the baseline for such dismantlement and disposal established pursuant to subsection (a), including a description of and explanation for any variance from such baseline.
“(3) A description of the amounts requested, or intended or estimated to be requested, for such dismantlement and disposal for each of the following:
“(A) Each fiscal year covered by the future-years defense program.
“(B) Any fiscal years before the fiscal years covered by the future-years defense program.
“(C) Any fiscal years after the end of the period of the future-years defense program.
“(c) Future-years Defense Program Defined.—In this section, the term ‘future-years defense program’ means the future-years defense program required by section 221 of this title.”
“7321. Nuclear-powered aircraft carriers: dismantlement and disposal.”.
“(d) Sensitive Military Operation Defined.—
(1) Except as provided in paragraph (2), in this section, the term ‘sensitive military operation’ means—
“(A) a lethal operation or capture operation conducted by the armed forces or conducted by a foreign partner in coordination with the armed forces that targets a specific individual or individuals; or
“(B) an operation conducted by the armed forces in self-defense or in defense of foreign partners, including during a cooperative operation.
“(2) For purposes of this section, the term ‘sensitive military operation’ does not include any operation conducted within Afghanistan, Syria, or Iraq.”
“(f) Collective Self-defense Notification Requirement.—Not later than 48 hours after the date on which a foreign partner force has been designated as eligible for the provision of collective self-defense by the armed forces for the purposes of subsection (d)(1)(B), the Secretary of Defense shall provide to the congressional defense committees notice in writing of such designation.”
“(2)
(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year provide to the officials and officers referred in paragraph (1)(A) written guidance (to be known as ‘Defense Planning Guidance’) establishing goals, priorities, and objectives, including fiscal constraints, to direct the preparation and review of the program and budget recommendations of all elements of the Department, including—
“(i) the priority military missions of the Department, including the assumed force planning scenarios and constructs;
“(ii) the force size and shape, force posture, defense capabilities, force readiness, infrastructure, organization, personnel, technological innovation, and other elements of the defense program necessary to support the strategy required by paragraph (1);
“(iii) the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective; and
“(iv) a discussion of any changes in the strategy required by paragraph (1) and assumptions underpinning the strategy, as required by paragraph (1).
“(B) The guidance required by this paragraph shall be produced in February each year in order to support the planning and budget process. A comprehensive briefing on the guidance shall be provided to the congressional defense committees at the same time as the submission of the budget of the President (as submitted to Congress pursuant to section 1105(a) of title 31) for the fiscal year beginning in the year in which such guidance is produced.
“(3)
(A) In implementing the requirement in paragraph (1) and in conjunction with the reporting requirement in section 2687a of this title, the Secretary, with the approval of the President and the advice of the Chairman of the Joint Chiefs of Staff, shall, on the basis provided in subparagraph (E), provide to the officials and officers referred to in paragraph (1)(A) written guidance (to be known as ‘Contingency Planning Guidance’ or ‘Guidance for Employment of the Force’) on the preparation and review of contingency and campaign plans, including plans for providing support to civil authorities in an incident of national significance or a catastrophic incident, for homeland defense, and for military support to civil authorities.
“(B) The guidance required by this paragraph shall include the following:
“(i) A description of the manner in which limited existing forces and resources shall be prioritized and apportioned to achieve the objectives described in the strategy required by paragraph (1).
“(ii) A description of the relative priority of contingency and campaign plans, specific force levels, and supporting resource levels projected to be available for the period of time for which such plans are to be effective.
“(C) The guidance required by this paragraph shall include the following:
“(i) Prioritized global, regional, and functional policy objectives that the armed forces should plan to achieve, including plans for deliberate and contingency scenarios.
“(ii) Policy and strategic assumptions that should guide military planning, including the role of foreign partners.
“(iii) Guidance on global posture and global force management.
“(iv) Security cooperation priorities.
“(v) Specific guidance on United States and Department nuclear policy.
“(D) The guidance required by this paragraph shall be the primary source document to be used by the Chairman of the Joint Chiefs of Staff in—
“(i) executing the global military integration responsibilities described in section 153 of this title; and
“(ii) developing implementation guidance for the Joint Chiefs of Staff and the commanders of the combatant commands.
“(E) The guidance required by this paragraph shall be produced every two years, or more frequently as needed.
“(4)
(A) In implementing the requirement in paragraph (1), the Secretary, with the advice of the Chairman of the Joint Chiefs of Staff, shall each year produce, and submit to the congressional defense committees, a report (to be known as the ‘Global Defense Posture Report’) that shall include the following:
“(i) A description of major changes to United States forces, capabilities, and equipment assigned and allocated outside the United States, focused on significant alterations, additions, or reductions to such global defense posture that are required to execute the strategy and plans of the Department.
“(ii) A description of the supporting network of infrastructure, facilities, pre-positioned stocks, and war reserve materiel required for execution of major contingency plans of the Department.
“(iii) A list of all enduring locations, including main operating bases, forward operating sites, and cooperative security locations.
“(iv) A description of the status of treaty, access, cost-sharing, and status-protection agreements with foreign nations.
“(v) A summary of the priority posture initiatives for each region by the commanders of the combatant commands.
“(vi) For each military department, a summary of the implications for overseas posture of any force structure changes.
“(vii) A description of the costs incurred outside the United States during the preceding fiscal year in connection with operating, maintaining, and supporting United States forces outside the United States for each military department, broken out by country, and whether for operation and maintenance, infrastructure, or transportation.
“(viii) A description of the amount of direct support for the stationing of United States forces provided by each host nation during the preceding fiscal year.
“(B) The report required by this paragraph shall be submitted to the congressional defense committees as required by subparagraph (A) by not later than April 30 each year.
“(C) In this paragraph, the term ‘United States’, when used in a geographic sense, includes the territories and possessions of the United States.”
“(3) has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency.”
; and
“(4) Reverse defense sensitive support request.—The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1) and (3).”
“(4) coordinate, without assuming operational authority, the United States Government response to malign foreign influence operations and campaigns.”
; and
“(g) Coordinator for Combating Malign Foreign Influence Operations and Campaigns.—
“(1) In general.—The President shall designate an employee of the National Security Council to be responsible for the coordination of the interagency process for combating malign foreign influence operations and campaigns.
“(2) Congressional briefing.—
“(A) In general.—Not less frequently than twice each year, the employee designated under this subsection, or the employee’s designee, shall provide to the congressional committees specified in subparagraph (B) a briefing on the responsibilities and activities of the employee designated under this subsection.
“(B) Committees specified.—The congressional committees specified in this subparagraph are the following:
“(i) The Committees on Armed Services, Foreign Affairs, and Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.
“(ii) The Committees on Armed Services, Foreign Relations, and Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate.
“(h) Definition of Malign Foreign Influence Operations and Campaigns.—In this section, the term ‘malign foreign influence operations and campaigns’ means the coordinated, direct or indirect application of national diplomatic, informational, military, economic, business, corruption, educational, and other capabilities by hostile foreign powers to affect attitudes, behaviors, decisions, or outcomes within the United States.”
“(F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project—
“(i) consists of—
“(I) replacement windows, doors, and the installation of through-the-wall air conditioning units; or
“(II) a contribution of the equivalent costs to be used for reconstruction if reconstruction is the preferred local solution;
“(ii) is located at a school near the airport; and
“(iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied.”
“(B) H-2B workers.—In the case of an alien described in subparagraph (A) who seeks admission under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)), the alien, if otherwise qualified, may, before December 31, 2023, be admitted under such section, notwithstanding the requirement of such section that the service or labor be temporary, for a period of up to 3 years—
“(i) to perform service or labor on Guam or in the Commonwealth pursuant to any agreement entered into by a prime contractor or subcontractor calling for services or labor required for performance of a contact or subcontract for construction, repairs, renovations, or facility services that is directly connected to, or associated with, the military realignment occurring on Guam and in the Commonwealth; or
“(ii) to perform service or labor as a health care worker (such as a nurse, physician assistant, or allied health professional) at a facility that jointly serves members of the Armed Forces, dependents, and civilians on Guam or in the Commonwealth, subject to the education, training, licensing, and other requirements of section 212(a)(5)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(C)), as applicable, except that this clause shall not be construed to include graduates of medical schools coming to Guam or the Commonwealth to perform service or labor as members of the medical profession.”
; and
“(2) Locations.—Paragraph (1) does not apply with respect to the performance of services of labor at a location other than Guam or the Commonwealth.”
Ҥ 222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers
“(a) Annual Reports.—At the same time each year that the budget for the fiscal year beginning in such year is submitted to Congress pursuant to section 1105(a) of title 31, the chief of staff of each armed force (other than the Coast Guard) shall submit to the congressional defense committees a report setting forth for such armed force each of the following for such fiscal year, broken out as specified in subsection (b):
“(1) The Out-Year Unconstrained Total Munitions Requirement.
“(2) The Out-Year inventory numbers.
“(b) Presentation.—The Out-Year Unconstrained Total Munitions Requirement and Out-Year inventory numbers for an armed force for a fiscal year pursuant to subsection (a) shall include specific inventory objective requirements for each variant of munitions with respect to each of the following:
“(1) Combat Requirement, broken out by operation plan (OPLAN).
“(2) Current Operation/Forward Presence Requirement.
“(3) Strategic Readiness Requirement.
“(4) Homeland Defense.
“(5) Training and Testing Requirement.
“(6) Total Out-Year Unconstrained Total Munitions Requirement, calculated in accordance with the implementation guidance described in subsection (c).
“(7) Out-year worldwide inventory.
“(c) Implementation Guidance Used.—In submitting information pursuant to subsection (a) for a fiscal year, the chief of staff of each armed force shall describe and explain the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by such armed force for the munitions requirements process for such armed force for that fiscal year.
“(d) Definitions.—In this section:
“(1) The term ‘chief of staff’, with respect to the Marine Corps, means the Commandant of the Marine Corps.
“(2) The term ‘Out-Year Unconstrained Total Munitions Requirement’ has the meaning given that term in and for purposes of Department of Defense Instruction 3000.04, or any successor instruction.”
“222c. Armed forces: Out-Year Unconstrained Total Munitions Requirements; Out-Year inventory numbers.”.
“(5) Any update or modification to any report under this section during a previous year.”
“130j. Notification requirements for sensitive military cyber operations.
“130k. Notification requirements for cyber weapons.”.
“241. Reference to chapters 1003, 1005, and 1007.”.
“vii. post-trial procedure and review of military commissions”.
“950g. Review by United States Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court.”.
“1077a. Access to military medical treatment facilities and other facilities.”.
“2279d. Limitation on construction on United States territory of satellite positioning ground monitoring stations of certain foreign governments.”.
“2410s. Security clearances for facilities of certain companies.”.
“§ 2414. Funding”
“2414. Funding.”.
“§ 2691. Restoration of land used by permit or damaged by mishap; reimbursement of state costs of fighting wildland fires”
“§ 2914. Energy resilience and conservation construction projects”
Ҥ 145. Principal Advisor on Countering Weapons of Mass Destruction
“The Secretary of Defense may designate, from among the personnel of the Office of the Secretary of Defense, a Principal Advisor on Countering Weapons of Mass Destruction. Such Principal Advisor shall coordinate the activities of the Department of Defense relating to countering weapons of mass destruction. The individual designated to serve as such Principal Advisor shall be an individual who was appointed to the position held by the individual by and with the advice and consent of the Senate.”
“145. Principal Advisor on Countering Weapons of Mass Destruction.”.
“(3) The types of emergency response cyber capabilities that the National Guard of each State and territory may be able to provide in response to domestic or natural man-made disasters, as reported by the States and territories, including—
“(A) capabilities that can be provided within the State or territory;
“(B) capabilities that can be provided under State-to-State mutual assistance agreements; and
“(C) capabilities for defense support to civil authorities.
“(4) The types of emergency response cyber capabilities of other reserve components of the Armed Forces identified by the Secretary that are available for defense support to civil authorities in response to domestic or natural man-made disasters.”
; and
“(b) Information Required To Keep Database Current.—In maintaining the database required by subsection (a), the Secretary shall identify and revise the information required to be reported and included in the database at least once every two years for purposes of keeping the database current.”
“SEC. 722. DISCLOSURE REQUIREMENTS FOR UNITED STATES-BASED FOREIGN MEDIA OUTLETS.
“(a) Reports by Outlets to Commission.—Not later than 60 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, a United States-based foreign media outlet shall submit to the Commission a report that contains the following information:
“(1) The name of such outlet.
“(2) A description of the relationship of such outlet to the foreign principal of such outlet, including a description of the legal structure of such relationship and any funding that such outlet receives from such principal.
“(b) Reports by Commission to Congress.—Not later than 90 days after the date of the enactment of this section, and not less frequently than every 6 months thereafter, the Commission shall transmit to Congress a report that summarizes the contents of the reports submitted by United States-based foreign media outlets under subsection (a) during the preceding 6-month period.
“(c) Public Availability.—The Commission shall make publicly available on the internet website of the Commission each report submitted by a United States-based foreign media outlet under subsection (a) not later than the earlier of—
“(1) the date that is 30 days after the outlet submits the report to the Commission; or
“(2) the date on which the Commission transmits to Congress under subsection (b) the report covering the 6-month period during which the report of the outlet was submitted to the Commission under subsection (a).
“(d) Definitions.—In this section:
“(1) Foreign principal.—The term ‘foreign principal’ has the meaning given such term in section 1(b)(1) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)(1)).
“(2) United states-based foreign media outlet.—The term ‘United States-based foreign media outlet’ means an entity that—
“(A) produces or distributes video programming (as defined in section 602) that is transmitted, or intended for transmission, by a multichannel video programming distributor (as defined in such section) to consumers in the United States; and
“(B) would be an agent of a foreign principal (as defined in paragraph (1)) for purposes of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.) but for section 1(d) of such Act (22 U.S.C. 611(d)).”
Ҥ 9905. Direct hire authority for certain personnel of the Department of Defense
“(a) In General.—The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 (other than sections 3303 and 3328 of such chapter), qualified candidates to any of the following positions in the competitive service in the Department of Defense:
“(1) Any position involved with Department maintenance activities, including depot-level maintenance and repair.
“(2) Any position involved with cybersecurity.
“(3) Any individual in the acquisition workforce that manages any services contracts necessary to the operation and maintenance of programs of the Department.
“(4) Any science, technology, or engineering position, including any such position at the Major Range and Test Facilities Base, in order to allow development of new systems and provide for the maintenance of legacy systems.
“(b) Sunset.—Effective on September 30, 2025, the authority provided under subsection (a) shall expire.”
“9905. Direct hire authority for certain personnel of the Department of Defense.”.
“(b) Applicability of Aggregate Limitation on Pay.—In applying section 5307 of title 5, United States Code, any payment in addition to basic pay for a period of time during which a waiver under subsection (a) is in effect shall not be counted as part of an employee’s aggregate compensation for the given calendar year.”
“(2)
(A) Except as provided in subparagraph (B), not more than 10 active demonstration projects may be in effect at any time.
“(B) Any demonstration project authorized under this section that is active for a period greater than 10 years shall not count for purposes of applying the limitation in subparagraph (A).”
; and
“(j) Each agency at which a demonstration project authorized by this section is ongoing shall submit an annual report to the Office of Personnel Management, the Office and Management and Budget, the Committee on Homeland Security and Governmental Affairs of the United States Senate, and the Committee on Oversight and Government Reform of the United States House of Representatives that includes—
“(1) the aggregate performance appraisal ratings and compensation costs for employees under a demonstration project;
“(2) an assessment of the results of the demonstration project, including its impact on mission goals, employee recruitment, retention, and satisfaction, and which may include the results of the survey authorized under section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 5 U.S.C. 7101 note), commonly referred to as the Federal Employee Viewpoint Survey, and performance management for employees; and
“(3) a comparison of the items listed in (1) and (2) with employees not covered by the demonstration project.”
Ҥ 3317. Competitive service; certification using numerical ratings
“(a) Certification.—
“(1) In general.—The Director of the Office of Personnel Management, or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), shall certify a sufficient number of names from the top of the appropriate register or list of eligibles, as determined pursuant to regulations prescribed under subsection (c), and provide a certificate with such names to an appointing authority that has requested a certificate of eligibles to consider when filling a job in the competitive service.
“(2) Minimum number of names certified.—Unless otherwise provided for in regulations prescribed under subsection (c), the number of names certified under paragraph (1) shall be not less than three.
“(b) Discontinuance of Certification.—When an appointing authority, for reasons considered sufficient by the Director or head of an agency, has three times considered and passed over a preference eligible who was certified from a register, the Director or head of any agency may discontinue certifying the preference eligible for appointment. The Director or the head of an agency shall provide to such preference eligible notice of the intent to discontinue certifying such preference eligible prior to the discontinuance of certification.
“(c) Regulations.—The Director shall prescribe regulations for the administration of this section. Such regulations shall include the establishment of mechanisms for identifying the eligibles who will be considered for each vacancy. Such mechanisms may include cut-off scores.
“(d) Definition.—In this section, the term ‘Director’ means the Director of the Office of Personnel Management.
Ҥ 3318. Competitive service; selections using numerical ratings
“(a) In General.—An appointing authority shall select for appointment from the eligibles certified for appointment on a certificate furnished under section 3317(a), unless objection to one or more of the individuals certified is made to, and sustained by, the Director of the Office of Personnel Management or the head of an agency to which the Director has delegated examining authority under section 1104(a)(2), for proper and adequate reason under regulations prescribed by the Director.
“(b) Other Appointing Authorities.—
“(1) In general.—During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the ‘other appointing authority’) may select an individual from that certificate in accordance with this subsection for an appointment to a position that is—
“(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the ‘original position’); and
“(B) at a similar grade level as the original position.
“(2) Applicability.—An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority.
“(3) Requirements.—The selection of an individual under paragraph (1)—
“(A) shall be made in accordance with subsection (a); and
“(B) subject to paragraph (4), may be made without any additional posting under section 3327.
“(4) Internal notice.—Before selecting an individual under paragraph (1), the other appointing authority shall—
“(A) provide notice of the available position to employees of the other appointing authority;
“(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and
“(C) review the qualifications of employees submitting an application.
“(c) Pass Over.—
“(1) In general.—Subject to subparagraph (2), if an appointing authority proposes to pass over a preference eligible certified for appointment under subsection (a) and select an individual who is not a preference eligible, the appointing authority shall file written reasons with the Director or the head of the agency for passing over the preference eligible. The Director or the head of the agency shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Director or the head of the agency shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2). When the Director or the head of the agency has completed review of the proposed pass-over of the preference eligible, the Director or the head of the agency shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings.
“(2) Preference eligible individuals who have a compensable service-connected disability.—In the case of a preference eligible described in section 2108(3)(C) who has a compensable service-connected disability of 30 percent or more, the appointing authority shall notify the Director under paragraph (1) and, at the same time, notify the preference eligible of the proposed pass-over, of the reasons for the proposed pass-over, and of the individual’s right to respond to those reasons to the Director within 15 days of the date of the notification. The Director shall, before completing the review under paragraph (1), require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address.
“(3) Further consideration not required.—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in paragraph (1), by the head of an agency, has been passed over in accordance with this subsection for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
“(4) Delegation prohibition.—In the case of a preference eligible described in paragraph (2), the functions of the Director under this subsection may not be delegated to an individual who is not an officer or employee of the Office of Personnel Management.
“(d) Special Rule Regarding Reemployment Lists.—When the names of preference eligibles are on a reemployment list appropriate for the position to be filled, an appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under subparagraph (C), (D), (E), (F), or (G) of section 2108(3).
“(e) Consideration Not Required.—In accordance with regulations prescribed by the Director, an appointing officer is not required to consider an eligible who has been considered by the appointing officer for three separate appointments from the same or different certificates for the same position.
“(f) Regulations.—The Director shall prescribe regulations for the administration of this section.
“(d) Definition.—In this section, the term ‘Director’ means the Director of the Office of Personnel Management.”
“§ 3319. Competitive service; selection using category rating”
; and
“(6) Preference eligibles.—
“(A) Satisfaction of certain requirements.—Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of sections 3317(b) and 3318(c), as applicable, are satisfied.
“(B) Further consideration not required.—When a preference eligible, for reasons considered sufficient by the Director, or in the case of a preference eligible described in section 3318(c)(1), by the head of an agency, has been passed over in accordance with section 3318(c) for the same position, the appointing authority is not required to give further consideration to that preference eligible while selecting from the same list for a subsequent appointment to such position.
“(C) List of eligibles issued from a standing register; discontinuation of certification.—In the case of lists of eligibles issued from a standing register, when an appointing authority, for reasons considered sufficient by the Director or the head of an agency, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification in accordance with regulations prescribed by the Director.”
; and
“3317. Competitive service; certification using numerical ratings
“3318. Competitive service; selection using numerical ratings
“3319. Competitive service; selection using category rating”.
Ҥ 3115. Expedited hiring authority for college graduates; competitive service
“(a) Definitions.—In this section:
“(1) Director.—The term ‘Director’ means the Director of the Office of Personnel Management.
“(2) Institution of higher education.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
“(b) Appointment.—
“(1) In general.—The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below.
“(2) Restrictions.—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
“(c) Qualifications for Appointment.—The head of an agency may make an appointment under subsection (b) only if the individual being appointed—
“(1) has received a baccalaureate or graduate degree from an institution of higher education;
“(2) applies for the position—
“(A) not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or
“(B) in the case of an individual who has completed a period of not less than 4 years of obligated service in a uniformed service, not later than 2 years after the date of the discharge or release of the individual from that service; and
“(3) meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.
“(d) Public Notice and Advertising.—
“(1) In general.—The head of an agency making an appointment under subsection (b) shall publicly advertise positions under this section.
“(2) Requirements.—In carrying out paragraph (1), the head of an agency shall—
“(A) adhere to merit system principles;
“(B) advertise positions in a manner that provides for diverse and qualified applicants; and
“(C) ensure potential applicants have appropriate information relevant to the positions available.
“(e) Limitation on Appointments.—
“(1) In general.—Except as provided in paragraph (2), the total number of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure.
“(2) Exceptions.—Under a regulation prescribed under subsection (f), the Director may establish a lower limit on the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
“(f) Regulations.—Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
“(g) Reporting.—
“(1) In general.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to—
“(A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and
“(B) the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).
“(2) Content.—The head of an agency shall include in each report under paragraph (1)—
“(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
“(i) minorities or members of other underrepresented groups; or
“(ii) veterans;
“(B) recruitment sources;
“(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below; and
“(D) any additional data specified by the Director.
“(h) Special Provision Regarding the Department of Defense.—
“(1) Authority.—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
“(2) Regulations.—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.
Ҥ 3116. Expedited hiring authority for post-secondary students; competitive service
“(a) Definitions.—In this section:
“(1) Director.—The term ‘Director’ means the Director of the Office of Personnel Management.
“(2) Institution of higher education.—The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
“(3) Student.—The term ‘student’ means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
“(b) Appointment.—
“(1) In general.—The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified.
“(2) Restrictions.—An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
“(c) Public Notice.—
“(1) In general.—The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section.
“(2) Requirements.—In carrying out paragraph (1), the head of an agency shall—
“(A) adhere to merit system principles;
“(B) advertise positions in a manner that provides for diverse and qualified applicants; and
“(C) ensure potential applicants have appropriate information relevant to the positions available.
“(d) Limitation on Appointments.—
“(1) In general.—Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below.
“(2) Exceptions.—Under a regulation prescribed under subsection (g), the Director may establish a lower limit on the number of students that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
“(e) Conversion.—The head of an agency may, without regard to any provision of chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the competitive service within the agency without further competition if the student—
“(1) has completed the course of study leading to the baccalaureate or graduate degree;
“(2) has completed not less than 640 hours of current continuous employment in an appointment under subsection (b); and
“(3) meets the qualification standards for the position to which the student will be converted.
“(f) Termination.—The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student appointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under subsection (e).
“(g) Regulations.—Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
“(h) Reporting.—
“(1) In general.—Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to—
“(A) Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and
“(B) the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A).
“(2) Content.—The head of an agency shall include in each report under paragraph (1)—
“(A) the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are—
“(i) minorities or members of other underrepresented groups; or
“(ii) veterans;
“(B) recruitment sources;
“(C) the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below; and
“(D) any additional data specified by the Director.
“(i) Special Provision Regarding the Department of Defense.—
“(1) Authority.—Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a post-secondary student under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute.
“(2) Regulations.—Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.”
“3115. Expedited hiring authority for college graduates; competitive service
“3116. Expedited hiring authority for post-secondary students; competitive service”.
“(4) Strategic capabilities office.—The Director of the Strategic Capabilities Office 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 Office.
“(5) Diux.—The Director of the Defense Innovation Unit Experimental 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 Unit.”
“(D) in the case of the Strategic Capabilities Office, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Office; and
“(E) in the case of the Defense Innovation Unit Experimental, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Unit;”
“(i) Appointment of qualified scientific and technical personnel who are not current Department of Defense civilian employees into any scientific or technical position in the laboratory for a period of more than one year but not more than six years.
“(ii) Appointment of qualified scientific and technical personnel who are Department civilian employees in term appointments into any scientific or technical position in the laboratory for a period of more than one year but not more than six years.”
“(1) The Office of the Secretary of Defense.”
Ҥ 7479a. Civil service mariners of military sealift command: alcohol testing
“The Secretary of the Navy may prescribe regulations establishing a program to conduct on-duty reasonable suspicion alcohol testing and post-accident alcohol testing of civil service mariners of the Military Sealift Command who are assigned to vessels.”
“§ 7479. Civil service mariners of military sealift command: release of drug and alcohol test results to coast guard”
“7479. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard
“7479a. Civil service mariners of Military Sealift Command: alcohol testing”.
“(8) In the case of activities under a program that results in the provision of small-scale construction above $750,000, the location, project title, and cost of each small-scale construction project that will be carried out, a Department of Defense Form 1391 for each such project, and a masterplan of planned infrastructure investments at the location over the next 5 years.”
“342. Regional Centers for Security Studies.”;
Ҥ 351. Inter-American Defense College
“(a) Authority To Support.—The Secretary of Defense may authorize members of the armed forces and civilian personnel of the Department of Defense to participate in the operation of and the provision of support to the Inter-American Defense College and provide logistic support, supplies, and services to the Inter-American Defense College, including the use of Department of Defense facilities and equipment, as the Secretary considers necessary to—
“(1) assist the Inter-American Defense College in its mission to develop and offer to military officers and civilian officials from member states of the Organization of American States advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines; and
“(2) ensure that the Inter-American Defense College provides an academic program of a level of quality, rigor, and credibility that is commensurate with the standards of Department of Defense senior service colleges and that includes the promotion of security cooperation, human rights, humanitarian assistance and disaster response, peacekeeping, and democracy in the Western Hemisphere.
“(b) Memorandum of Understanding.—
(1) The Secretary of Defense, with the concurrence of the Secretary of State, shall enter into a memorandum of understanding with the Inter-American Defense Board for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College under subsection (a).
“(2) If Department of Defense facilities, equipment, or funds will be used to support the Inter-American Defense College under subsection (a), a memorandum of understanding entered into under paragraph (1) shall include a description of any cost-sharing arrangement or other funding arrangement relating to the use of such facilities, equipment, or funds.
“(3) A memorandum of understanding entered into under paragraph (1) shall also include a curriculum and a plan for academic program development.
“(c) Use of Funds.—
(1) Funds appropriated to the Department of Defense for operation and maintenance may be used to pay costs that the Secretary determines are necessary for the participation of members of the armed forces and civilian personnel of the Department of Defense in the operation of and provision of host nation support to the Inter-American Defense College, including—
“(A) the costs of expenses of such participants;
“(B) the cost of hiring and retaining qualified professors, instructors, and lecturers;
“(C) curriculum support costs, including administrative costs, academic outreach, and curriculum support personnel;
“(D) the cost of translation and interpretation services;
“(E) the cost of information and educational technology;
“(F) the cost of utilities; and
“(G) the cost of maintenance and repair of facilities.
“(2) No funds may be used under this section to provide for the pay of members of the armed forces or civilian personnel of the Department of Defense who participate in the operation of and the provision of host nation support to the Inter-American Defense College under this section.
“(3) Funds available to carry out this section for a fiscal year may be used for activities that begin in such fiscal year and end in the next fiscal year.
“(d) Waiver of Reimbursement.—The Secretary of Defense may waive reimbursement for developing countries (as such term is defined in section 301 of this title) of the costs of funding and other host nation support provided to the Inter-American Defense College under this section if the Secretary determines that the provision of such funding or support without reimbursement is in the national security interest of the United States.
“(e) Logistic Support, Supplies, and Services Defined.—In this section, the term ‘logistic support, supplies, and services’ has the meaning given that term in section 2350 of this title.”
“Sec. 351. Inter-American Defense College.”.
Ҥ 352. Naval Small Craft Instruction and Technical Training School
“(a) In General.—The Secretary of Defense may operate an education and training facility known as the ‘Naval Small Craft Instruction and Technical Training School’ (in this section referred to as the ‘School’).
“(b) Designation of Executive Agent.—The Secretary of Defense shall designate the Secretary of a military department as the Department of Defense executive agent for carrying out the responsibilities of the Secretary of Defense under this section.
“(c) Purpose.—The purpose of the School shall be to provide to the military and other security forces of one or more friendly foreign countries education and training under any other provision of law related to naval small craft instruction and training and to increase professionalism, readiness, and respect for human rights through formal courses of instruction or mobile training teams for—
“(1) the operation, employment, maintenance, and logistics of specialized equipment;
“(2) participation in—
“(A) joint exercises; or
“(B) coalition or international military operations; and
“(3) improved interoperability between—
“(A) the armed forces; and
“(B) the military and other security forces of the one or more friendly foreign countries.
“(d) Limitation on Personnel Eligible To Receive Education and Training.—The Secretary of Defense may not provide education or training at the School to any personnel of a country that is prohibited from receiving such education or training under any other provision of law.
“(e) Fixed Costs.—The fixed costs of operation and maintenance of the School in a fiscal year may be paid from amounts made available for such fiscal year for operation and maintenance of the Department of Defense.
“(f) Annual Report.—Not later than March 15 each year, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a detailed report on the activities and operating costs of the School during the preceding fiscal year.”
“352. Naval Small Craft Instruction and Technical Training School.”.
“(a) Program Authorized.—
“(1) In general.—The Secretary of Defense may carry out a program under which the Secretary may pay any costs associated with the education and training of foreign military officers, ministry of defense officials, or security officials at military or civilian educational institutions, regional centers, conferences, seminars, or other training programs conducted for purposes of regional defense in connection with either of the following:
“(A) Combating terrorism.
“(B) Irregular warfare.
“(2) Covered costs.—Costs for which payment may be made under this section include the costs of transportation and travel and subsistence costs.
“(3) Designation.—The program authorized by this section shall be known as the ‘Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program’.
“(b) Regulations.—
“(1) In general.—The program authorized by subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense and the Secretary of State.
“(2) Elements.—The regulations shall ensure that—
“(A) the Secretary of Defense and the Secretary of State—
“(i) jointly develop and plan activities under the program that—
“(I) advance United States security cooperation objectives; and
“(II) support theater security cooperation planning of the combatant commands; and
“(ii) coordinate on the implementation of activities under the program;
“(B) each of the Secretary of Defense and the Secretary of State designates an individual at the lowest appropriate level of the Department of Defense or the Department of State, as applicable, who shall be responsible for program coordination; and
“(C) to the extent practicable, activities under the program are appropriately coordinated with, and do not duplicate or conflict with, activities under International Military Education and Training (IMET) authorities.
“(3) Submittal to congress.—Upon any update of the regulations, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the regulations as so updated, together with a description of the update.”
; and
“§ 345. Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program”
“345. Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program.”.
“(E) Incorporation of lessons learned from prior security cooperation programs and activities of the Department of Defense that were carried out any time on or after September 11, 2001.”
“(1) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to provide support on a reimbursement basis as follows:
“(A) To the Government of Jordan for purposes of supporting and enhancing efforts of the armed forces of Jordan to increase security and sustain increased security along the border of Jordan with Syria and Iraq.
“(B) To the Government of Lebanon for purposes of supporting and enhancing efforts of the armed forces of Lebanon to increase security and sustain increased security along the border of Lebanon with Syria.
“(C) To the Government of Egypt for purposes of supporting and enhancing efforts of the armed forces of Egypt to increase security and sustain increased security along the border of Egypt with Libya.
“(D) To the Government of Tunisia for purposes of supporting and enhancing efforts of the armed forces of Tunisia to increase security and sustain increased security along the border of Tunisia with Libya.
“(E) To the Government of Oman for purposes of supporting and enhancing efforts of the armed forces of Oman to increase security and sustain increased security along the border of Oman with Yemen.
“(F) To the Government of Pakistan for purposes of supporting and enhancing efforts of the armed forces of Pakistan to increase security and sustain increased security along the border of Pakistan with Afghanistan.”
“(d) Notice and Certification Before Exercise.—Not later than 15 days before providing support under the authority of subsection (a) to a country that has not previously received such support, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the specified congressional committees a report that—
“(1) sets forth a full description of the support to be provided, including—
“(A) the purpose of such support;
“(B) the amount of support to be provided; and
“(C) the anticipated duration of the provision of such support; and
“(2) includes a certification that—
“(A) the recipient country has taken demonstrable steps to increase security along the border specified for such country in subsection (a); and
“(B) the provision of such support is in the interest of United States national security.”
“(e) Limitation on Reimbursement of Pakistan Pending Certification.—No amount of reimbursement support under subsection (a)(1)(F) is authorized to be disbursed to the Government of Pakistan unless the Secretary of Defense certifies to the congressional defense committees that the following conditions are met:
“(1) The military and security operations of Pakistan pertaining to border security and ancillary activities for which reimbursement is sought have been coordinated with United States military representatives in advance of the execution of such operations and activities.
“(2) The goals and desired outcomes of each such operation or activity have been established and agreed upon in advance by the United States and Pakistan.
“(3) A process exists to verify the achievement of the goals and desired outcomes established in accordance with paragraph (2).
“(4) The Government of Pakistan is making an effort to actively coordinate with the Government of Afghanistan on issues relating to border security on the Afghanistan-Pakistan border.”
“(f) Quarterly Reports.—Not later than 30 days after the end of each fiscal quarter, the Secretary of Defense shall submit to the specified congressional committees a report on reimbursements pursuant to subsection (a) during the preceding fiscal quarter that includes—
“(1) an identification of each country reimbursed;
“(2) the date of each reimbursement;
“(3) a description of any partner nation border security efforts for which reimbursement was provided;
“(4) an assessment of the value of partner nation border security efforts for which reimbursement was provided;
“(5) the total amounts of reimbursement provided to each partner nation in the preceding four fiscal quarters; and
“(6) such other matters as the Secretary considers appropriate.”
“(2) Pakistan for certain activities meant to enhance the security situation in the Afghanistan-Pakistan border region pursuant to section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), as amended by the John S. McCain National Defense Authorization Act for Fiscal Year 2019.”
“(14) Training required to maintain and employ systems and capabilities described in paragraphs (1) through (13).”
; and
“(A) In general.—The certification described”
“(B) Areas described.—The areas described in this subparagraph are—
“(i) strengthening civilian control of the military;
“(ii) enhanced cooperation and coordination with Verkhovna Rada efforts to exercise oversight of the Ministry of Defense and military forces;
“(iii) increased transparency and accountability in defense procurement;
“(iv) improvement in transparency, accountability, sustainment, and inventory management in the defense industrial sector; and
“(v) protection of proprietary or sensitive technologies as such technologies relate to foreign military sales or transfers.”
; and
“(C) Assessment.—The certification shall”
“(5) Lethal assistance.—Of the funds available for fiscal year 2019 pursuant to subsection (f)(4), $50,000,000 shall be available only for lethal assistance described in paragraphs (2) and (3) of subsection (b).”
“(4) For fiscal year 2019, $250,000,000.”
; and
“(e) Rule of Construction.—Nothing in subsection (a) shall be construed to limit bilateral military-to-military dialogue between the United States and the Russian Federation for the purpose of reducing the risk of conflict.”
“SEC. 1263. INDO-PACIFIC MARITIME SECURITY INITIATIVE.”
.
“(6) Bangladesh.
“(7) Sri Lanka.”
“(D) India.”
“SEC. 1251. SENSE OF CONGRESS AND INITIATIVE FOR THE INDO-PACIFIC REGION.”
.
“(1) Activities to increase the rotational and forward presence, improve the capabilities, and enhance the posture of the United States Armed Forces in the Indo-Pacific region—
“(A) consistent with the National Defense Strategy; and
“(B) to the extent required to minimize the risk of execution of the contingency plans of the Department of Defense.
“(2) Activities to improve military and defense infrastructure, basing, logistics, and assured access in the Indo-Pacific region to enhance the responsiveness, survivability, and operational resilience of the United States Armed Forces in the Indo-Pacific region.
“(3) Activities to enhance the storage and pre-positioning in the Indo-Pacific region of equipment and munitions of the United States Armed Forces.
“(4) Bilateral and multilateral military training and exercises with allies and partner nations in the Indo-Pacific region.”
; and
“(e) Five-year Plan for the Indo-Pacific Stability Initiative.—
“(1) Plan required.—
“(A) In general.—Not later than March 1, 2019, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a future years plan on activities and resources of the Initiative.
“(B) Applicability.—The plan shall apply to the Initiative with respect to fiscal year 2020 and at least the four succeeding fiscal years.
“(2) Elements.—The plan required under paragraph (1) shall include each of the following:
“(A) A description of the objectives of the Initiative.
“(B) A description of the manner in which such objectives support implementation of the National Defense Strategy and reduce the risk of execution of the contingency plans of the Department of Defense by improving the operational resilience of United States forces in the Indo-Pacific region.
“(C) An assessment of the resource requirements to achieve such objectives.
“(D) An assessment of any additional rotational or permanently stationed United States forces in the Indo-Pacific region required to achieve such objectives.
“(E) An assessment of the logistics requirements, including force enablers, equipment, supplies, storage, and maintenance, to achieve such objectives.
“(F) An identification and assessment of required infrastructure investments to achieve such objectives, including potential infrastructure investments by host countries and new construction or upgrades of existing sites that would be funded by the United States.
“(G) An assessment of any new agreements, or changes to existing agreements, with other countries for assured access required to achieve such objectives.
“(H) An assessment of security cooperation investments required to achieve such objectives.
“(3) Form.—The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.”
“(f) Inclusion in Budget Materials.—The Secretary of Defense shall include in the budget materials submitted by the Secretary in support of the budget of the President for fiscal year 2020 (submitted pursuant to section 1105 of title 31, United States Code) the plan required under paragraph (1).”
; and
“(g) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the congressional defense committees; and
“(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”
“(b) Form.—The report required by subsection (a) shall be submitted in unclassified form and shall be published on a publicly available website of the Department of State.
“(c) Appropriate Congressional Committees.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
“(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.”
“(6) China’s overseas military basing and logistics infrastructure.”
“(18) An assessment of relations between China and the Russian Federation with respect to security and military matters.”
; and
“(26) The relationship between Chinese overseas investment, including initiatives such as the Belt and Road Initiative, and Chinese security and military strategy objectives.
“(27) Efforts by the Government of the People’s Republic of China to influence the media, cultural institutions, business, and academic and policy communities of the United States to be more favorable to its security and military strategy and objectives.
“(28) Efforts by the Government of the People’s Republic of China to use nonmilitary tools in other countries, including diplomacy and political coercion, information operations, and economic pressure, including predatory lending practices, to support its security and military objectives.”
“(A) In general.—Not later than”
“(B) Contents.—The report shall also include—
“(i) a forward-looking strategy with specific benchmarks for measurable progress toward enhancing India’s status as a major defense partner and defense and security cooperation with India;
“(ii) a description of any limitations that hinder or slows progress in implementing the actions described in subparagraphs (A) through (L) of paragraph (1);
“(iii) a description of actions India is taking, or the actions the Secretary of Defense or the Secretary of State believe India should take, to advance the relationship between the United States, including actions relating to subparagraphs (A) through (L) of paragraph (1);
“(iv) a description of the measures that can be taken by the United States and India to improve interoperability; and
“(v) a description of the progress made in enabling agreements between the United States and India.”
“(d) The Secretary of Defense may not use an agreement with any government or an organization described in subsection (a)(1) to facilitate the transfer of logistic support, supplies, and services to any country or organization with which the Secretary has not signed an agreement described in subsection (a)(2).
“(e) An agreement described in subsection (a)(2) may not provide or otherwise constitute a commitment for the introduction of the armed forces into hostilities.”
“(g) Not later than January 15 each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on acquisition and cross-servicing activities that sets forth, in detail, the following:
“(1) A list of agreements in effect pursuant to subsection (a)(1) during the preceding fiscal year.
“(2) The date on which each agreement listed under paragraph (1) was signed, and, in the case of an agreement with a country that is not a member of the North Atlantic Treaty Organization, the date on which the Secretary notified Congress pursuant to subsection (b)(2) of the designation of such country under subsection (a).
“(3) The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.
“(4) The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement.
“(5) With respect to the calendar year during which the report is submitted, an assessment of the following:
“(A) The anticipated logistic support, supplies, and services requirements of the United States.
“(B) The anticipated requirements of other countries for United States logistic support, supplies, and services.”
“(h) In this section, the term ‘appropriate committees of Congress’ means—
“(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
“(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”
“(2) Purpose.—The purpose of the Center shall be to direct, lead, synchronize, integrate, and coordinate efforts of the Federal Government to recognize, understand, expose, and counter foreign state and foreign non-state propaganda and disinformation efforts aimed at undermining or influencing the policies, security, or stability of the United States and United States allies and partner nations.”
“(1) Direct, lead, synchronize, integrate, and coordinate interagency and international efforts to track and evaluate counterfactual narratives abroad that threaten the policies, security, or stability of the United States and United States allies and partner nations.”
“(4) Identify current and emerging trends in foreign propaganda and disinformation in order to coordinate and shape the development of tactics, techniques, and procedures to expose and refute foreign propaganda and disinformation, and pro-actively support the promotion of credible, fact-based narratives and policies to audiences outside the United States.”
“(6) Measure and evaluate the activities of the Center, including the outcomes of such activities, and implement mechanisms to ensure that the activities of the Center are updated to reflect the results of such measurement and evaluation.”
; and
“(8) Use information from appropriate interagency entities to identify the countries, geographic areas, and populations most susceptible to propaganda and disinformation, as well as the countries, geographic areas, and populations in which such propaganda and disinformation is likely to cause the most harm.”
“(1) Detailees and assignees.—Any Federal Government employee may be detailed or assigned to the Center with or without reimbursement, consistent with applicable laws and regulations regarding such employee, and such detail or assignment shall be without interruption or loss of status or privilege.
“(2) Temporary personnel.—The Secretary of State should, when hiring temporary United States citizen personnel, preference the use of Foreign Service limited appointments both in the United States and abroad in accordance with section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949). The Secretary may hire United States citizens or aliens, as appropriate, including as personal services contractors, for purposes of personnel resources of the Center, if—
“(A) the Secretary determines that existing personnel resources or expertise are insufficient;
“(B) the period in which services are provided by a personal services contractor, including options, does not exceed 3 years, unless the Secretary determines that exceptional circumstances justify an extension of up to one additional year;
“(C) not more than 50 United States citizens or aliens are employed as personal services contractors under the authority of this paragraph at any time; and
“(D) the authority of this paragraph is only used to obtain specialized skills or experience or to respond to urgent needs.”
“(1) In general.—For each of fiscal years 2019 and 2020, the Secretary of Defense is authorized to transfer, from amounts appropriated to the Secretary pursuant to the authorization under this Act, to the Secretary of State not more than $60,000,000, to carry out the functions of the Center.
“(2) Notice requirement.—The Secretary of Defense shall notify the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives of a proposed transfer under paragraph (1) not less than 15 days prior to making such transfer.”
“(1) Authority for grants.—The Center is authorized to provide grants or contracts of financial support to civil society groups, media content providers, nongovernmental organizations, federally funded research and development centers, private companies, or academic institutions for the following purposes:
“(A) To support local entities and linkages among such entities, including independent media entities, that are best positioned to refute foreign propaganda and disinformation in affected communities.
“(B) To collect and store examples of print, online, and social media disinformation and propaganda directed at the United States or United States allies and partner nations.
“(C) To analyze and report on tactics, techniques, and procedures of foreign information warfare and other efforts with respect to disinformation and propaganda.
“(D) To support efforts by the Center to counter efforts by foreign entities to use disinformation and propaganda to undermine or influence the policies, security, and social and political stability of the United States and United States allies and partner nations.
“(2) Funding availability and limitations.—The Secretary of State shall provide that each entity that receives funds under this subsection is selected in accordance with the relevant existing regulations through a process that ensures such entity has the credibility and capability to carry out effectively and in accordance with United States interests and objectives the purposes specified in paragraph (1) for which such entity received such funding.”
“(h) Congressional Briefings.—The Secretary of State, together with the heads of other relevant Federal departments and agencies, shall provide a briefing to the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Oversight and Government Reform of the House of Representatives not less often than annually regarding the activities of the Global Engagement Center. The briefings required under this subsection shall terminate on the date specified in subsection (j).”
“(c) Coordination With Millennium Challenge Corporation.—
“(1) In general.—After the date of the enactment of this subsection, with respect to those countries identified under section 110(b)(1) of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 370; 19 U.S.C. 3705 note) that also meet the country description in paragraph (2), the United States Trade Representative shall consult and coordinate with the Millennium Challenge Corporation and the United States Agency for International Development for the purpose of developing and carrying out the plan required by section 116(b) of the African Growth and Opportunity Act (19 U.S.C. 3723(b)).
“(2) Country description.—A country is described in this paragraph if the country—
“(A) has entered into a Millennium Challenge Compact pursuant to section 609 of the Millennium Challenge Act of 2003 (22 U.S.C. 7708); or
“(B) is selected by the Board of Directors of the Millennium Challenge Corporation under subsection (c) of section 607 of that Act (22 U.S.C. 7706) from among the countries determined to be eligible countries under subsection (a) of that section.”
“(d) Modified Waiver Authority for Certain Sanctionable Transactions Under This Section.—
“(1) In general.—The President may use the authority under section 236(b) to waive the application of sanctions with respect to a person under this section without regard to section 216 if, not later than 30 days prior to the waiver taking effect, the President certifies in writing to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that—
“(A) the waiver is in the national security interests of the United States;
“(B) the significant transaction described in subsection (a) that the person engaged in with respect to which the waiver is being exercised—
“(i) is not a significant transaction with—
“(I) the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation;
“(II) the Federal Security Service of the Russian Federation;
“(III) the Foreign Intelligence Service of the Russian Federation;
“(IV) Autonomous Noncommercial Professional Organization/Professional Association of Designers of Data Processing (ANO PO KSI);
“(V) the Special Technology Center;
“(VI) Zorsecurity; or
“(VII) any person that the Secretary of State, in consultation with the Director of National Intelligence, determines—
“(aa) to be part of, or operating for or on behalf of, the defense or intelligence sector of the Government of the Russian Federation; and
“(bb) has directly participated in or facilitated cyber intrusions by the Government of the Russian Federation; and
“(ii) would not—
“(I) endanger the integrity of any multilateral alliance of which the United States is a part;
“(II) adversely affect ongoing operations of the Armed Forces of the United States, including coalition operations in which the Armed Forces of the United States participate;
“(III) result in a significant negative impact to defense cooperation between the United States and the country whose government has primary jurisdiction over the person; and
“(IV) significantly increase the risk of compromising United States defense systems and operational capabilities; and
“(C) the government with primary jurisdiction over the person—
“(i) is taking or will take steps to reduce its inventory of major defense equipment and advanced conventional weapons produced by the defense sector of the Russian Federation as a share of its total inventory of major defense equipment and advanced conventional weapons over a specified period; or
“(ii) is cooperating with the United States Government on other security matters that are critical to United States strategic interests.
“(2) Form.—The certification described in paragraph (1) shall be transmitted in an unclassified form, and may contain a classified annex.
“(3) Report.—
“(A) In general.—Not later than 120 days after the date on which the President submits a certification described in paragraph (1) with respect to the waiver of the application of sanctions with respect to a person under this section, and annually thereafter for two years, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the waiver.
“(B) Matters to be included.—The report required by subparagraph (A) shall include—
“(i) the extent to which such waiver has or has not resulted in the compromise of United States systems and operational capabilities, including through the diversion of United States sensitive technology to a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; and
“(ii) the extent to which the government with primary jurisdiction over the person is taking specific actions to further the enforcement of this title.”
“SEC. 1512. RESIDENTS OF RETIREMENT HOME.
“(a) Persons Eligible To Be Residents.—Except as provided in subsection (b), the following persons who served as members of the Armed Forces, at least one-half of whose service was not active commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home:
“(1) Persons who are 60 years of age or over and were discharged or released from service in the Armed Forces after 20 or more years of active service.
“(2) Persons who are determined under rules prescribed by the Chief Operating Officer to be suffering from a service-connected disability incurred in the line of duty in the Armed Forces.
“(3) Persons who served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 or 351 of title 37, United States Code, and who are determined under rules prescribed by the Chief Operating Officer to be suffering from injuries, disease, or disability.
“(4) Persons who served in a women’s component of the Armed Forces before June 12, 1948, and are determined under rules prescribed by the Chief Operating Officer to be eligible for admission because of compelling personal circumstances.
“(b) Persons Ineligible to Be Residents.—The following persons are ineligible to become a resident of the Retirement Home:
“(1) A person who—
“(A) has been convicted of a felony; or
“(B) was discharged or released from service in the Armed Forces under other than honorable conditions.
“(2) A person with substance abuse or mental health problems, except upon a judgment and satisfactory determination by the Chief Operating Officer that—
“(A) the person has been evaluated by a qualified health professional selected by the Retirement Home;
“(B) the Retirement Home can accommodate the person’s condition; and
“(C) the person agrees to such conditions of residency as the Retirement Home may require.
“(c) Acceptance.—To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Administrator of that facility an application in such form and containing such information as the Chief Operating Officer may require.
“(d) Priorities for Acceptance.—The Chief Operating Officer shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate.
“(e) Spouses of Residents.—
“(1) Authority to admit.—Except as otherwise established pursuant to subsection (d), the spouse of a person accepted as a resident of a facility of the Retirement Home may be admitted to that facility if the spouse—
“(A) is a covered beneficiary within the meaning of section 1072(5) of title 10, United States Code;
“(B) is not ineligible to become a resident as provided in subsection (b); and
“(C) submits an application for admittance in accordance with subsection (c).
“(2) Treatment as resident.—A spouse admitted in accordance with paragraph (1) shall be a resident of the Retirement Home consistent with this Act, except as the Chief Operating Officer may otherwise provide.”
“(1) Facilitate and monitor the timely availability to residents of the Retirement Home such medical, mental health, and dental care services as such residents may require at locations other than the Retirement Home.”
“(1) The Chief Operating Officer may accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property, or any income therefrom or other interest therein, for the benefit of the Retirement Home.”
“(1) Undertaking efforts to optimize the rate structure for all requisitioning entities.
“(2) Encouraging a working capital fund activity to perform reimbursable work for other entities to sustain the efficient use of the workforce.
“(3) Determining the appropriate leadership level for approving work from outside entities to maximize efficiency.”
“(2) Each briefing under paragraph (1) shall include a description of contractor costs and performance relative to schedule, the progress to date toward the complete destruction of the stockpile, and any other information the Secretary determines to be relevant.”
Ҥ 169. Subordinate unified command of the United States Strategic Command
“(a) Establishment.—With the advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall establish under the United States Strategic Command a subordinate unified command to be known as the United States Space Command (in this section referred to as ‘space command’) for carrying out joint space warfighting operations.
“(b) Assignment of Forces.—Unless otherwise directed by the Secretary of Defense, all active and reserve space warfighting operational forces of the armed forces shall be assigned to the space command.
“(c) Commander.—
(1) The commander of the space command shall hold the grade of general or, in the case of an officer of the Navy, admiral while serving in that position, without vacating the permanent grade of the officer. The commander shall be appointed to that grade by the President, by and with the advice and consent of the Senate, for service in that position. The position shall be designated, pursuant to subsection (b) of section 526 of this title, as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.
“(2) During the three-year period following the date on which the space command is established, the commander of the Air Force Space Command may also serve as the commander of the space command so established. After such period, one individual may not concurrently serve as both such commanders.
“(d) Authority of Commander.—
(1) Subject to the authority, direction, and control of the commander of the United States Strategic Command, the commander of the space command shall be responsible for, and shall have the authority to conduct, all affairs of such command relating to joint space warfighting operations.
“(2)
(A) Subject to the authority, direction, and control of the Deputy Secretary of Defense, the commander of the space command shall be responsible for, and shall have the authority to conduct, the following functions relating to joint space warfighting operations (whether or not relating to the space command):
“(i) Developing strategy, doctrine, and tactics.
“(ii) Preparing and submitting to the Secretary of Defense program recommendations and budget proposals for space operations forces and for other forces assigned to the space command.
“(iii) Exercising authority, direction, and control over the expenditure of funds for forces assigned directly to the space command.
“(iv) Training and certification of assigned joint forces.
“(v) Conducting specialized courses of instruction for commissioned and noncommissioned officers.
“(vi) Validating requirements.
“(vii) Establishing priorities for requirements.
“(viii) Ensuring the interoperability of equipment and forces.
“(ix) Formulating and submitting requirements for intelligence support.
“(x) Monitoring the promotion of space operation forces and coordinating with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of space operation forces.
“(B) The authority, direction, and control exercised by the Deputy Secretary of Defense for purposes of this paragraph is authority, direction, and control with respect to the administration and support of the space command, including readiness and organization of space operations forces, space operations-peculiar equipment and resources, and civilian personnel.
“(C) Nothing in this paragraph shall be construed as providing the Deputy Secretary of Defense authority, direction, and control of operational matters that are subject to the operational chain of command of the combatant commands or the exercise of authority, direction, and control of personnel, resources, equipment, and other matters that are not space-operations peculiar and that are in the purview of the armed forces.
“(3) The commander of the space command shall be responsible for—
“(A) ensuring the combat readiness of forces assigned to the space command; and
“(B) monitoring the preparedness to carry out assigned missions of space forces assigned to unified combatant commands other than the United States Strategic Command.
“(4) The staff of the commander shall include an inspector general who shall conduct internal audits and inspections of purchasing and contracting actions through the space command and such other inspector general functions as may be assigned.
“(e) Intelligence and Special Activities.—This section does not constitute authority to conduct any activity which, if carried out as an intelligence activity by the Department of Defense, would require a notice to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).”
“169. Subordinate unified command of the United States Strategic Command”.
Ҥ 2273a. Space Rapid Capabilities Office
“(a) In General.—There is within the Air Force Space Command a program office known as the Space Rapid Capabilities Office (in this section referred to as the ‘Office’). The facilities of the Office may not be co-located with the headquarters facilities of the Air Force Space and Missile Systems Center.
“(b) Head of Office.—The head of the Office shall be the designee of the Secretary of the Air Force. The head of the Office shall report to the Commander of the Air Force Space Command.
“(c) Mission.—The mission of the Office shall be—
“(1) to contribute to the development of low-cost, rapid reaction payloads, busses, launch, and launch control capabilities in order to fulfill joint military operational requirements for on-demand space support and reconstitution;
“(2) to coordinate and execute space rapid capabilities efforts across the Department of Defense with respect to planning, acquisition, and operations; and
“(3) to rapidly develop and field new classified space capabilities.
“(d) Acquisition Authority.—The acquisition activities of the Office shall be subject to the following:
“(1) The Secretary of the Air Force shall designate the acquisition executive of the Office who shall provide streamlined acquisition authorities for projects of the Office.
“(2) The Joint Capabilities Integration and Development System process shall not apply to acquisitions by the Office.
“(3) The Commander of the United States Strategic Command, acting through the United States Space Command, shall—
“(A) establish and validate capability requirements; and
“(B) recommend priorities as the Commander determines appropriate.
“(e) Required Program Element.—
(1) The Secretary of the Air Force shall ensure, within budget program elements for space programs, that—
“(A) there are separate, dedicated unclassified and classified program elements for space rapid capabilities; and
“(B) the Office executes the responsibilities of the Office through such program elements.
“(2) The Office shall manage the program elements required by paragraph (1).
“(f) Board of Directors.—The Secretary of the Air Force shall establish for the Office a Board of Directors (to be known as the ‘Space Rapid Capabilities Board of Directors’) to provide coordination, oversight, and approval of projects of the Office.”
“(3) the availability of rapid, responsive, and reliable space launches for national security space programs to—
“(A) improve the responsiveness and flexibility of a national security space system;
“(B) lower the costs of launching a national security space system; and
“(C) maintain risks of mission success at acceptable levels.”
; and
“(2) Beginning January 1, 2024, the Secretary may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines such actions are necessary to meet the national security interests of the United States.”
“(1) Not later than 30 days after the date on which the President submits to Congress the budget for each of fiscal years 2017 through 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the budget for national security space programs of the Department of Defense. The Secretary may include the report in the defense budget materials if the Secretary submits such materials to Congress by such date.”
“(2) Streamlining.—
“(A) In general.—With respect to any licensed activity under chapter 509 of title 51, United States Code, the Secretary of Defense may not impose any requirement on a licensee or transferee that is duplicative of, or overlaps in intent with, any requirement imposed by the Secretary of Transportation under that chapter.
“(B) Waiver.—The Secretary of the Air Force may waive the limitation under subparagraph (A) if—
“(i) the Secretary determines that imposing a requirement described in that subparagraph is necessary to avoid negative consequences for the national security space program; and
“(ii) the Secretary notifies the Secretary of Transportation of such determination before making such waiver.”
; and
“(d) Rule of Construction.—Nothing in this section shall be construed to limit the ability of the Secretary of Defense to consult with the Secretary of Transportation with respect to requirements and approvals under chapter 509 of title 51, United States Code.”
“(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Intelligence shall—
“(1) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for the activities of the Department of Defense that are part of the Military Intelligence Program;
“(2) execute the functions for the National Intelligence Program of the Department of Defense under section 105 of the National Security Act of 1947 (50 U.S.C. 3038), as delegated by the Secretary of Defense;
“(3) have responsibility for the overall direction and supervision for policy, program planning and execution, and use of resources, for personnel security, physical security, industrial security, and the protection of classified information and controlled unclassified information, related activities of the Department of Defense; and
“(4) perform such duties and exercise such powers as the Secretary of Defense may prescribe in the area of intelligence.”
Ҥ 1564b. Security vetting for foreign nationals
“(a) Standards and Process.—
(1) The Secretary of Defense, in coordination with the Security Executive Agent established pursuant to Executive Order 13467 (73 Fed. Reg. 38103; 50 U.S.C. 3161 note), shall develop uniform and consistent standards and a centralized process for the screening and vetting of covered foreign individuals requiring access to systems, facilities, personnel, information, or operations, of the Department of Defense, including with respect to the background investigations of covered foreign individuals requiring access to classified information.
“(2) The Secretary shall ensure that the standards developed under paragraph (1) are consistent with relevant directives of the Security Executive Agent.
“(3) The Secretary shall designate an official of the Department of Defense to be responsible for executing the centralized process developed under paragraph (1) and adjudicating any information discovered pursuant to such process.
“(b) Other Uses.—In addition to using the centralized process developed under subsection (a)(1) for covered foreign individuals, the Secretary may use the centralized process in determining whether to grant a security clearance to any individual with significant foreign influence or foreign preference issues, in accordance with the adjudicative guidelines under part 147 of title 32, Code of Federal Regulations, or such successor regulation.
“(c) Covered Foreign Individual Defined.—In this section, the term ‘covered foreign individual’ means an individual who meets the following criteria:
“(1) The individual is—
“(A) a national of a foreign state;
“(B) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; or
“(C) an alien who is lawfully admitted for permanent residence (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
“(2) The individual is either—
“(A) a civilian employee of the Department of Defense or a contractor of the Department; or
“(B) a member of the armed forces.”
“1564b. Security vetting for foreign nationals.”.
“(b) Persons Covered.—Except as provided in subsection (d), the following persons are subject to this section:
“(1) With respect to persons whose duties are described in subsection (c)—
“(A) military and civilian personnel of the Department of Defense;
“(B) personnel of defense contractors;
“(C) persons assigned or detailed to the Department of Defense; and
“(D) applicants for a position in the Department of Defense.
“(2) A person who is—
“(A) a national of the United States (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) and also a national of a foreign state; and
“(B) either—
“(i) a civilian employee or contractor who requires access to classified information; or
“(ii) a member of the armed forces who requires access to classified information.”
“(D) With respect to persons described in subsection (b)(2), to assist in assessing any counterintelligence threats identified in an authorized investigation of foreign preference or foreign influence risks, as described in part 147 of title 32, Code of Federal Regulations, or such successor regulations.”
Ҥ 239b. Certain intelligence-related programs: budget justification materials
“(a) Prohibition on Use of Program Elements.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2021 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense may not include in any single program element both funds made available under the Military Intelligence Program and funds made available outside of the Military Intelligence Program.
“(b) Definitions.—In this section:
“(1) The term ‘budget’ has the meaning given that term in section 231(f) of this title.
“(2) The term ‘defense budget materials’ has the meaning given that term in section 231(f) of this title.”
“239b. Certain intelligence-related programs: budget justification materials.”.
“(D) for the year preceding the year in which the briefing is provided—
“(i) the number of hours or amount of capacity of intelligence, surveillance, and reconnaissance requested by each commander of a combatant command, by specific intelligence capability type;
“(ii) the number of such requests identified under clause (i) that the Joint Chiefs of Staff determined to be a validated requirement, including the number of hours or amount of capacity of such requests that were provided to each such commander; and
“(iii) with respect to such validated requirements, the number of hours or amount of capacity of intelligence, surveillance, and reconnaissance, by specific intelligence capability type, that the Joint Chiefs of Staff requested each military department to provide, and the number of such hours or the amount of such capacity so provided by each such military department; and”
“394. Authorities concerning military cyber operations.
“395. Notification requirements for sensitive military cyber operations.
“396. Notification requirements for cyber weapons.”.
“(a) In General.—The Secretary”
“(b) Affirmation of Authority.—Congress affirms that the activities or operations referred to in subsection (a), when appropriately authorized, include the conduct of military activities or operations in cyberspace short of hostilities (as such term is used in the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1541 et seq.)) or in areas in which hostilities are not occurring, including for the purpose of preparation of the environment, information operations, force protection, and deterrence of hostilities, or counterterrorism operations involving the Armed Forces of the United States.
“(c) Clandestine Activities or Operations.—A clandestine military activity or operation in cyberspace shall be considered a traditional military activity for the purposes of section 503(e)(2) of the National Security Act of 1947 (50 U.S.C. 3093(e)(2)).
“(d) Congressional Oversight.—The Secretary shall brief the congressional defense committees about any military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, occurring during the previous quarter during the quarterly briefing required by section 484 of this title.
“(e) Rule of Construction.—Nothing in this section may be construed to limit the authority of the Secretary to conduct military activities or operations in cyberspace, including clandestine military activities or operations in cyberspace, to authorize specific military activities or operations, or to alter or otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.), the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note), or reporting of sensitive military cyber activities or operations required by section 395 of this title.
“(f) Definitions.—In this section:
“(1) The term ‘clandestine military activity or operation in cyberspace’ means a military activity or military operation carried out in cyberspace, or associated preparatory actions, authorized by the President or the Secretary that—
“(A) is marked by, held in, or conducted with secrecy, where the intent is that the activity or operation will not be apparent or acknowledged publicly; and
“(B) is to be carried out—
“(i) as part of a military operation plan approved by the President or the Secretary in anticipation of hostilities or as directed by the President or the Secretary;
“(ii) to deter, safeguard, or defend against attacks or malicious cyber activities against the United States or Department of Defense information, networks, systems, installations, facilities, or other assets; or
“(iii) in support of information related capabilities.
“(2) The term ‘foreign power’ has the meaning given such term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
“(3) The term ‘United States person’ has the meaning given such term in such section.”
“(a) Centers of Academic Excellence in Cyber Education.—”
; and
“(b) Certain Institutions of Higher Education.—In the selection of a recipient for the award of a scholarship or grant under this chapter, consideration shall be given to whether—
“(1) in the case of a scholarship, the institution of higher education at which the recipient pursues a degree is an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and
“(2) in the case of a grant, the recipient is an institution described in such section.”
“§ 2200c. Special considerations in awarding scholarships and grants”
“2200c. Special considerations in awarding scholarships and grants.”.
“(4) The Under Secretary of Defense for Research and Engineering.”
“(A) achieves initial operating capability for nuclear missions prior to the retirement of the nuclear-armed AGM–86;
“(B) achieves initial operating capability for conventional missions by not later than five years after the date of the achievement under subparagraph (A); and”
“(e) Compatibility With Efforts of Defense Advanced Research Projects Agency.—The Director shall ensure that the sensor architecture developed under subsection (a) is compatible with efforts of the Defense Advanced Research Projects Agency relating to space-based sensors for missile defense.”
“(f) Report on Use of Other Authorities.—Not later than January 31, 2019, the Director shall submit to the appropriate congressional committees a report on the options available to the Director to use other transactional authorities pursuant to section 2371 of title 10, United States Code, to accelerate the development and deployment of the sensor architecture required by subsection (a).”
“(d) Development.—
“(1) Requirement.—Subject to the availability of appropriations, beginning fiscal year 2019, the Director of the Missile Defense Agency shall carry out a program to develop boost phase intercept capabilities that—
“(A) are cost effective;
“(B) are air-launched, ship-based, or both; and
“(C) include kinetic interceptors.
“(2) Partnerships.—In developing kinetic boost phase intercept capabilities under paragraph (1), the Director may enter into partnerships with the Ministry of National Defense of the Republic of Korea or the Ministry of Defense of Japan, or both.
“(e) Independent Study.—
“(1) Requirement.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a feasibility study on providing an initial or demonstrated boost phase capability using unmanned aerial vehicles and kinetic interceptors by December 31, 2021. Such study shall include, at a minimum, a review of the study published by the Science, Technology, and National Security Working Group of the Massachusetts Institute of Technology in 2017 titled ‘Airborne Patrol to Destroy DPRK ICBMs in Powered Flight’.
“(2) Submission.—Not later than July 31, 2019, the Secretary shall submit to the congressional defense committees the study conducted under paragraph (1).”
“222b. Unfunded priorities of the Missile Defense Agency: annual report.”.
“(a) Definitions.—In this section:
“(1) Clarification.—The term ‘national security’ shall be construed so as to include those issues relating to ‘homeland security’, including its application to critical infrastructure.
“(2) Committee; chairperson.—The terms ‘Committee’ and ‘chairperson’ mean the Committee on Foreign Investment in the United States and the chairperson thereof, respectively.
“(3) Control.—The term ‘control’ means the power, direct or indirect, whether exercised or not exercised, to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Committee.
“(4) Covered transaction.—
“(A) In general.—Except as otherwise provided, the term ‘covered transaction’ means—
“(i) any transaction described in subparagraph (B)(i); and
“(ii) any transaction described in clauses (ii) through (v) of subparagraph (B) that is proposed, pending, or completed on or after the effective date set forth in section 1727 of the Foreign Investment Risk Review Modernization Act of 2018.
“(B) Transactions described.—A transaction described in this subparagraph is any of the following:
“(i) Any merger, acquisition, or takeover that is proposed or pending after August 23, 1988, by or with any foreign person that could result in foreign control of any United States business, including such a merger, acquisition, or takeover carried out through a joint venture.
“(ii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private or public real estate that—
“(I) is located in the United States;
“(II)
(aa) is, is located within, or will function as part of, an air or maritime port; or
“(bb)
(AA) is in close proximity to a United States military installation or another facility or property of the United States Government that is sensitive for reasons relating to national security;
“(BB) could reasonably provide the foreign person the ability to collect intelligence on activities being conducted at such an installation, facility, or property; or
“(CC) could otherwise expose national security activities at such an installation, facility, or property to the risk of foreign surveillance; and
“(III) meets such other criteria as the Committee prescribes by regulation, except that such criteria may not expand the categories of real estate to which this clause applies beyond the categories described in subclause (II).
“(iii) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that—
“(I) owns, operates, manufactures, supplies, or services critical infrastructure;
“(II) produces, designs, tests, manufactures, fabricates, or develops one or more critical technologies; or
“(III) maintains or collects sensitive personal data of United States citizens that may be exploited in a manner that threatens national security.
“(iv) Any change in the rights that a foreign person has with respect to a United States business in which the foreign person has an investment, if that change could result in—
“(I) foreign control of the United States business; or
“(II) an investment described in clause (iii).
“(v) Any other transaction, transfer, agreement, or arrangement, the structure of which is designed or intended to evade or circumvent the application of this section, subject to regulations prescribed by the Committee.
“(C) Real estate transactions.—
“(i) Exception for certain real estate transactions.—A real estate purchase, lease, or concession described in subparagraph (B)(ii) does not include a purchase, lease, or concession of—
“(I) a single ‘housing unit’, as defined by the Census Bureau; or
“(II) real estate in ‘urbanized areas’, as defined by the Census Bureau in the most recent census, except as otherwise prescribed by the Committee in regulations in consultation with the Secretary of Defense.
“(ii) Definition of close proximity.—With respect to a real estate purchase, lease, or concession described in subparagraph (B)(ii)(II)(bb)(AA), the Committee shall prescribe regulations to ensure that the term ‘close proximity’ refers only to a distance or distances within which the purchase, lease, or concession of real estate could pose a national security risk in connection with a United States military installation or another facility or property of the United States Government described in that subparagraph.
“(D) Other investments.—
“(i) Other investment defined.—For purposes of subparagraph (B)(iii), the term ‘other investment’ means an investment, direct or indirect, by a foreign person in a United States business described in that subparagraph that is not an investment described in subparagraph (B)(i) and that affords the foreign person—
“(I) access to any material nonpublic technical information in the possession of the United States business;
“(II) membership or observer rights on the board of directors or equivalent governing body of the United States business or the right to nominate an individual to a position on the board of directors or equivalent governing body; or
“(III) any involvement, other than through voting of shares, in substantive decisionmaking of the United States business regarding—
“(aa) the use, development, acquisition, safekeeping, or release of sensitive personal data of United States citizens maintained or collected by the United States business;
“(bb) the use, development acquisition, or release of critical technologies; or
“(cc) the management, operation, manufacture, or supply of critical infrastructure.
“(ii) Material nonpublic technical information defined.—
“(I) In general.—For purposes of clause (i)(I), and subject to regulations prescribed by the Committee, the term ‘material nonpublic technical information’ means information that—
“(aa) provides knowledge, know-how, or understanding, not available in the public domain, of the design, location, or operation of critical infrastructure; or
“(bb) is not available in the public domain, and is necessary to design, fabricate, develop, test, produce, or manufacture critical technologies, including processes, techniques, or methods.
“(II) Exemption for financial information.—Notwithstanding subclause (I), for purposes of this subparagraph, the term ‘material nonpublic technical information’ does not include financial information regarding the performance of a United States business.
“(iii) Regulations.—
“(I) In general.—The Committee shall prescribe regulations providing guidance on the types of transactions that the Committee considers to be ‘other investment’ for purposes of subparagraph (B)(iii).
“(II) United states businesses that own, operate, manufacture, supply, or service critical infrastructure.—The regulations prescribed by the Committee with respect to an investment described in subparagraph (B)(iii)(I) shall—
“(aa) specify the critical infrastructure subject to that subparagraph based on criteria intended to limit application of that subparagraph to the subset of critical infrastructure that is likely to be of importance to the national security of the United States; and
“(bb) enumerate specific types and examples of such critical infrastructure.
“(iv) Specific clarification for investment funds.—
“(I) Treatment of certain investment fund investments.—Notwithstanding clause (i)(II) and subject to regulations prescribed by the Committee, an indirect investment by a foreign person in a United States business described in subparagraph (B)(iii) through an investment fund that affords the foreign person (or a designee of the foreign person) membership as a limited partner or equivalent on an advisory board or a committee of the fund shall not be considered an ‘other investment’ for purposes of subparagraph (B)(iii) if—
“(aa) the fund is managed exclusively by a general partner, a managing member, or an equivalent;
“(bb) the general partner, managing member, or equivalent is not a foreign person;
“(cc) the advisory board or committee does not have the ability to approve, disapprove, or otherwise control—
“(AA) investment decisions of the fund; or
“(BB) decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested;
“(dd) the foreign person does not otherwise have the ability to control the fund, including the authority—
“(AA) to approve, disapprove, or otherwise control investment decisions of the fund;
“(BB) to approve, disapprove, or otherwise control decisions made by the general partner, managing member, or equivalent related to entities in which the fund is invested; or
“(CC) to unilaterally dismiss, prevent the dismissal of, select, or determine the compensation of the general partner, managing member, or equivalent;
“(ee) the foreign person does not have access to material nonpublic technical information as a result of its participation on the advisory board or committee; and
“(ff) the investment otherwise meets the requirements of this subparagraph.
“(II) Treatment of certain waivers.—
“(aa) In general.—For the purposes of items (cc) and (dd) of subclause (I) and except as provided in item (bb), a waiver of a potential conflict of interest, a waiver of an allocation limitation, or a similar activity, applicable to a transaction pursuant to the terms of an agreement governing an investment fund shall not be considered to constitute control of investment decisions of the fund or decisions relating to entities in which the fund is invested.
“(bb) Exception.—The Committee may prescribe regulations providing for exceptions to item (aa) for extraordinary circumstances.
“(v) Exception for air carriers.—For purposes of subparagraph (B)(iii), the term ‘other investment’ does not include an investment involving an air carrier, as defined in section 40102(a)(2) of title 49, United States Code, that holds a certificate issued under section 41102 of that title.
“(vi) Rule of construction.—Any definition of ‘critical infrastructure’ established under any provision of law other than this section shall not be determinative for purposes of this section.
“(E) Country specification.—The Committee shall prescribe regulations that further define the term ‘foreign person’ for purposes of clauses (ii) and (iii) of subparagraph (B). In prescribing such regulations, the Committee shall specify criteria to limit the application of such clauses to the investments of certain categories of foreign persons. Such criteria shall take into consideration how a foreign person is connected to a foreign country or foreign government, and whether the connection may affect the national security of the United States.
“(F) Transfers of certain assets pursuant to bankruptcy proceedings or other defaults.—The Committee shall prescribe regulations to clarify that the term ‘covered transaction’ includes any transaction described in subparagraph (B) that arises pursuant to a bankruptcy proceeding or other form of default on debt.
“(5) Critical infrastructure.—The term ‘critical infrastructure’ means, subject to regulations prescribed by the Committee, systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on national security.
“(6) Critical technologies.—
“(A) In general.—The term ‘critical technologies’ means the following:
“(i) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations.
“(ii) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
“(I) pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
“(II) for reasons relating to regional stability or surreptitious listening.
“(iii) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities).
“(iv) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material).
“(v) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code.
“(vi) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018.
“(B) Recommendations.—
“(i) In general.—The chairperson may recommend technologies for identification under the interagency process set forth in section 1758(a) of the Export Control Reform Act of 2018.
“(ii) Matters informing recommendations.—Recommendations by the chairperson under clause (i) shall draw upon information arising from reviews and investigations conducted under subsection (b), notices submitted under subsection (b)(1)(C)(i), declarations filed under subsection (b)(1)(C)(v), and non-notified and non-declared transactions identified under subsection (b)(1)(H).
“(7) Foreign government-controlled transaction.—The term ‘foreign government-controlled transaction’ means any covered transaction that could result in the control of any United States business by a foreign government or an entity controlled by or acting on behalf of a foreign government.
“(8) Intelligence community.—The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
“(9) Investment.—The term ‘investment’ means the acquisition of equity interest, including contingent equity interest, as further defined in regulations prescribed by the Committee.
“(10) Lead agency.—The term ‘lead agency’ means the agency or agencies designated as the lead agency or agencies pursuant to subsection (k)(5).
“(11) Party.—The term ‘party’ has the meaning given that term in regulations prescribed by the Committee.
“(12) United states.—The term ‘United States’ means the several States, the District of Columbia, and any territory or possession of the United States.
“(13) United states business.—The term ‘United States business’ means a person engaged in interstate commerce in the United States.”
“(I) In general.—Any party”
; and
“(II) Comments and acceptance.—
“(aa) In general.—Subject to item (cc), the Committee shall provide comments on a draft or formal written notice or accept a formal written notice submitted under subclause (I) with respect to a covered transaction not later than the date that is 10 business days after the date of submission of the draft or formal written notice.
“(bb) Completeness.—If the Committee determines that a draft or formal written notice described in item (aa) is not complete, the Committee shall notify the party or parties to the transaction in writing that the notice is not complete and provide an explanation of all material respects in which the notice is incomplete.
“(cc) Stipulations required.—The timing requirement under item (aa) shall apply only in a case in which the parties stipulate under clause (vi) that the transaction is a covered transaction.”
“(iv) Inclusion of partnership and side agreements.—The Committee may require a written notice submitted under clause (i) to include a copy of any partnership agreements, integration agreements, or other side agreements relating to the transaction, as specified in regulations prescribed by the Committee.”
“(v) Declarations for certain covered transactions.—
“(I) In general.—A party to any covered transaction may submit to the Committee a declaration with basic information regarding the transaction instead of a written notice under clause (i).
“(II) Regulations.—The Committee shall prescribe regulations establishing requirements for declarations submitted under this clause. In prescribing such regulations, the Committee shall ensure that such declarations are submitted as abbreviated notifications that would not generally exceed 5 pages in length.
“(III) Committee response to declaration.—
“(aa) In general.—Upon receiving a declaration under this clause with respect to a covered transaction, the Committee may, at the discretion of the Committee—
“(AA) request that the parties to the transaction file a written notice under clause (i);
“(BB) inform the parties to the transaction that the Committee is not able to complete action under this section with respect to the transaction on the basis of the declaration and that the parties may file a written notice under clause (i) to seek written notification from the Committee that the Committee has completed all action under this section with respect to the transaction;
“(CC) initiate a unilateral review of the transaction under subparagraph (D); or
“(DD) notify the parties in writing that the Committee has completed all action under this section with respect to the transaction.
“(bb) Timing.—The Committee shall take action under item (aa) not later than 30 days after receiving a declaration under this clause.
“(cc) Rule of construction.—Nothing in this subclause (other than item (aa)(CC)) shall be construed to affect the authority of the President or the Committee to take any action authorized by this section with respect to a covered transaction.
“(IV) Mandatory declarations.—
“(aa) Regulations.—The Committee shall prescribe regulations specifying the types of covered transactions for which the Committee requires a declaration under this subclause.
“(bb) Certain covered transactions with foreign government interests.—
“(AA) In general.—Except as provided in subitem (BB), the parties to a covered transaction shall submit a declaration described in subclause (I) with respect to the transaction if the transaction involves an investment that results in the acquisition, directly or indirectly, of a substantial interest in a United States business described in subsection (a)(4)(B)(iii) by a foreign person in which a foreign government has, directly or indirectly, a substantial interest.
“(BB) Substantial interest defined.—In this item, the term ‘substantial interest’ has the meaning given that term in regulations which the Committee shall prescribe. In developing those regulations, the Committee shall consider the means by which a foreign government could influence the actions of a foreign person, including through board membership, ownership interest, or shareholder rights. An interest that is excluded under subparagraph (D) of subsection (a)(4) from the term ‘other investment’ as used in subparagraph (B)(iii) of that subsection or that is less than a 10 percent voting interest shall not be considered a substantial interest.
“(CC) Waiver.—The Committee may waive, with respect to a foreign person, the requirement under subitem (AA) for the submission of a declaration described in subclause (I) if the Committee determines that the foreign person demonstrates that the investments of the foreign person are not directed by a foreign government and the foreign person has a history of cooperation with the Committee.
“(cc) Other declarations required by committee.—The Committee may require the submission of a declaration described in subclause (I) with respect to any covered transaction identified under regulations prescribed by the Committee for purposes of this item, at the discretion of the Committee, that involves a United States business described in subsection (a)(4)(B)(iii)(II).
“(dd) Exception.—The submission of a declaration described in subclause (I) shall not be required pursuant to this subclause with respect to an investment by an investment fund if—
“(AA) the fund is managed exclusively by a general partner, a managing member, or an equivalent;
“(BB) the general partner, managing member, or equivalent is not a foreign person; and
“(CC) the investment fund satisfies, with respect to any foreign person with membership as a limited partner on an advisory board or a committee of the fund, the criteria specified in items (cc) and (dd) of subsection (a)(4)(D)(iv).
“(ee) Submission of written notice as an alternative.—Parties to a covered transaction for which a declaration is required under this subclause may instead elect to submit a written notice under clause (i).
“(ff) Timing and refiling of submission.—
“(AA) In general.—In the regulations prescribed under item (aa), the Committee may not require a declaration to be submitted under this subclause with respect to a covered transaction more than 45 days before the completion of the transaction.
“(BB) Refiling of declaration.—The Committee may not request or recommend that a declaration submitted under this subclause be withdrawn and refiled, except to permit parties to a covered transaction to correct material errors or omissions in the declaration submitted with respect to that transaction.
“(gg) Penalties.—The Committee may impose a penalty pursuant to subsection (h)(3) with respect to a party that fails to comply with this subclause.”
“(vi) Stipulations regarding transactions.—
“(I) In general.—In a written notice submitted under clause (i) or a declaration submitted under clause (v) with respect to a transaction, a party to the transaction may—
“(aa) stipulate that the transaction is a covered transaction; and
“(bb) if the party stipulates that the transaction is a covered transaction under item (aa), stipulate that the transaction is a foreign government-controlled transaction.
“(II) Basis for stipulation.—A written notice submitted under clause (i) or a declaration submitted under clause (v) that includes a stipulation under subclause (I) shall include a description of the basis for the stipulation.”
“(ii) any covered transaction described in subparagraph (E), if any party to the transaction submitted false or misleading material information to the Committee in connection with the Committee’s consideration of the transaction or omitted material information, including material documents, from information submitted to the Committee; or”
; and
“(E) Covered transactions described.—A covered transaction is described in this subparagraph if—
“(i) the Committee has informed the parties to the transaction in writing that the Committee has completed all action under this section with respect to the transaction; or
“(ii) the President has announced a decision not to exercise the President’s authority under subsection (d) with respect to the transaction.”
“(C) Timing.—
“(i) In general.—Except as provided in clause (ii), any investigation under subparagraph (A) shall be completed before the end of the 45-day period beginning on the date on which the investigation commenced.
“(ii) Extension for extraordinary circumstances.—
“(I) In general.—In extraordinary circumstances (as defined by the Committee in regulations), the chairperson may, at the request of the head of the lead agency, extend an investigation under subparagraph (A) for one 15-day period.
“(II) Nondelegation.—The authority of the chairperson and the head of the lead agency referred to in subclause (I) may not be delegated to any person other than the Deputy Secretary of the Treasury or the deputy head (or equivalent thereof) of the lead agency, as the case may be.
“(III) Notification to parties.—If the Committee extends the deadline under subclause (I) with respect to a covered transaction, the Committee shall notify the parties to the transaction of the extension.”
; and
“(8) Tolling of deadlines during lapse in appropriations.—Any deadline or time limitation under this subsection shall be tolled during a lapse in appropriations.”
“(H) Identification of non-notified and non-declared transactions.—The Committee shall establish a process to identify covered transactions for which—
“(i) a notice under clause (i) of subparagraph (C) or a declaration under clause (v) of that subparagraph is not submitted to the Committee; and
“(ii) information is reasonably available.”
“(II) a certification that all relevant national security factors have received full consideration.”
“(II) Delegation of certifications.—
“(aa) In general.—Subject to item (bb), the chairperson, in consultation with the Committee, may determine the level of official to whom the signature requirement under subclause (I) for the chairperson and the head of the lead agency may be delegated. The level of official to whom the signature requirement may be delegated may differ based on any factor relating to a transaction that the chairperson, in consultation with the Committee, deems appropriate, including the type or value of the transaction.
“(bb) Limitation on delegation with respect to certain transactions.—The signature requirement under subclause (I) may be delegated not below the level of the Assistant Secretary of the Treasury or an equivalent official of the lead agency.”
; and
“(v) Authority to consolidate documents.—Instead of transmitting a separate certified notice or certified report under subparagraph (A) or (B) with respect to each covered transaction, the Committee may, on a monthly basis, transmit such notices and reports in a consolidated document to the Members of Congress specified in clause (iii).”
“(A) Analysis required.—
“(i) In general.—Except as provided in subparagraph (B), the Director of National Intelligence shall expeditiously carry out a thorough analysis of any threat to the national security of the United States posed by any covered transaction, which shall include the identification of any recognized gaps in the collection of intelligence relevant to the analysis.
“(ii) Views of intelligence community.—The Director shall seek and incorporate into the analysis required by clause (i) the views of all affected or appropriate agencies of the intelligence community with respect to the transaction.
“(iii) Updates.—At the request of the lead agency, the Director shall update the analysis conducted under clause (i) with respect to a covered transaction with respect to which an agreement was entered into under subsection (l)(3)(A).
“(iv) Independence and objectivity.—The Committee shall ensure that its processes under this section preserve the ability of the Director to conduct analysis under clause (i) that is independent, objective, and consistent with all applicable directives, policies, and analytic tradecraft standards of the intelligence community.”
“(B) Basic threat information.—
“(i) In general.—The Director of National Intelligence may provide the Committee with basic information regarding any threat to the national security of the United States posed by a covered transaction described in clause (ii) instead of conducting the analysis required by subparagraph (A).
“(ii) Covered transaction described.—A covered transaction is described in this clause if—
“(I) the transaction is described in subsection (a)(4)(B)(ii);
“(II) the Director of National Intelligence has completed an analysis pursuant to subparagraph (A) involving each foreign person that is a party to the transaction during the 12 months preceding the review or investigation of the transaction under this section; or
“(III) the transaction otherwise meets criteria agreed upon by the Committee and the Director for purposes of this subparagraph.”
“(F) Assessment of operational impact.—The Director may provide to the Committee an assessment, separate from the analyses under subparagraphs (A) and (B), of any operational impact of a covered transaction on the intelligence community and a description of any actions that have been or will be taken to mitigate any such impact.
“(G) Submission to congress.—The Committee shall submit the analysis required by subparagraph (A) with respect to a covered transaction to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives upon the conclusion of action under this section (other than compliance plans under subsection (l)(6)) with respect to the transaction.”
“(1) In general.—Except as provided in paragraph (2), any information”
“(2) Exceptions.—Paragraph (1) shall not prohibit the disclosure of the following:
“(A) Information relevant to any administrative or judicial action or proceeding.
“(B) Information to Congress or any duly authorized committee or subcommittee of Congress.
“(C) Information important to the national security analysis or actions of the Committee to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the chairperson, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
“(D) Information that the parties have consented to be disclosed to third parties.
“(3) Cooperation with allies and partners.—
“(A) In general.—The chairperson, in consultation with other members of the Committee, should establish a formal process for the exchange of information under paragraph (2)(C) with governments of countries that are allies or partners of the United States, in the discretion of the chairperson, to protect the national security of the United States and those countries.
“(B) Requirements.—The process established under subparagraph (A) should, in the discretion of the chairperson—
“(i) be designed to facilitate the harmonization of action with respect to trends in investment and technology that could pose risks to the national security of the United States and countries that are allies or partners of the United States;
“(ii) provide for the sharing of information with respect to specific technologies and entities acquiring such technologies as appropriate to ensure national security; and
“(iii) include consultations and meetings with representatives of the governments of such countries on a recurring basis.”
“(A) the date on which the investigation of the transaction under subsection (b) is completed; or
“(B) the date on which the Committee otherwise refers the transaction to the President under subsection (l)(2).”
“(1) In general.—The actions”
; and
“(2) Civil actions.—A civil action challenging an action or finding under this section may be brought only in the United States Court of Appeals for the District of Columbia Circuit.
“(3) Procedures for review of privileged information.—If a civil action challenging an action or finding under this section is brought, and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the challenge, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal.
“(4) Applicability of use of information provisions.—The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a civil action brought under this subsection.”
“(D) provide that, in any review or investigation of a covered transaction conducted by the Committee under subsection (b), the Committee should—
“(i) consider the factors specified in subsection (f); and
“(ii) as appropriate, require parties to provide to the Committee the information necessary to consider such factors.”
“(4) Hiring authority.—
“(A) Senior officials.—
“(i) In general.—Each member of the Committee shall designate an Assistant Secretary, or an equivalent official, who is appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the member of the Committee may delegate.
“(ii) Department of the treasury.—
“(I) In general.—There shall be established in the Office of International Affairs at the Department of the Treasury 2 additional positions of Assistant Secretary of the Treasury, who shall be appointed by the President, by and with the advice and consent of the Senate, to carry out such duties related to the Committee as the Secretary of the Treasury may delegate, consistent with this section.
“(II) Assistant secretary for investment security.—One of the positions of Assistant Secretary of the Treasury authorized under subclause (I) shall be the Assistant Secretary for Investment Security, whose duties shall be principally related to the Committee, as delegated by the Secretary of the Treasury under this section.
“(B) Special hiring authority.—The heads of the departments and agencies represented on the Committee may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service (as defined in section 2102 of that title) in their respective departments and agencies. The primary responsibility of positions authorized under the preceding sentence shall be to administer this section.”
“(1) Suspension of transactions.—The Committee, acting through the chairperson, may suspend a proposed or pending covered transaction that may pose a risk to the national security of the United States for such time as the covered transaction is under review or investigation under subsection (b).
“(2) Referral to president.—The Committee may, at any time during the review or investigation of a covered transaction under subsection (b), complete the action of the Committee with respect to the transaction and refer the transaction to the President for action pursuant to subsection (d).”
“(i) In general.—The Committee”
“(ii) Abandonment of transactions.—If a party to a covered transaction has voluntarily chosen to abandon the transaction, the Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to the covered transaction for purposes of effectuating such abandonment and mitigating any risk to the national security of the United States that arises as a result of the covered transaction.
“(iii) Agreements and conditions relating to completed transactions.—The Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to a completed covered transaction in order to mitigate any interim risk to the national security of the United States that may arise as a result of the covered transaction until such time that the Committee has completed action pursuant to subsection (b) or the President has taken action pursuant to subsection (d) with respect to the transaction.”
; and
“(B) Treatment of outdated agreements or conditions.—The chairperson and the head of the lead agency shall periodically review the appropriateness of an agreement or condition imposed under subparagraph (A) and terminate, phase out, or otherwise amend the agreement or condition if a threat no longer requires mitigation through the agreement or condition.
“(C) Limitations.—An agreement may not be entered into or condition imposed under subparagraph (A) with respect to a covered transaction unless the Committee determines that the agreement or condition resolves the national security concerns posed by the transaction, taking into consideration whether the agreement or condition is reasonably calculated to—
“(i) be effective;
“(ii) allow for compliance with the terms of the agreement or condition in an appropriately verifiable way; and
“(iii) enable effective monitoring of compliance with and enforcement of the terms of the agreement or condition.
“(D) Jurisdiction.—The provisions of section 706(b) shall apply to any mitigation agreement entered into or condition imposed under subparagraph (A).”
“(4) Risk-based analysis required.—
“(A) In general.—Any determination of the Committee to suspend a covered transaction under paragraph (1), to refer a covered transaction to the President under paragraph (2), or to negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to a covered transaction, shall be based on a risk-based analysis, conducted by the Committee, of the effects on the national security of the United States of the covered transaction, which shall include an assessment of the threat, vulnerabilities, and consequences to national security related to the transaction.
“(B) Actions of members of the committee.—
“(i) In general.—Any member of the Committee who concludes that a covered transaction poses an unresolved national security concern shall recommend to the Committee that the Committee suspend the transaction under paragraph (1), refer the transaction to the President under paragraph (2), or negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to the transaction. In making that recommendation, the member shall propose or contribute to the risk-based analysis required by subparagraph (A).
“(ii) Failure to reach consensus.—If the Committee fails to reach consensus with respect to a recommendation under clause (i) regarding a covered transaction, the members of the Committee who support an alternative recommendation shall produce—
“(I) a written statement justifying the alternative recommendation; and
“(II) as appropriate, a risk-based analysis that supports the alternative recommendation.
“(C) Definitions.—For purposes of subparagraph (A), the terms ‘threat’, ‘vulnerabilities’, and ‘consequences to national security’ shall have the meanings given those terms by the Committee by regulation.”
“(C) Compliance plans.—
“(i) In general.—In the case of a covered transaction with respect to which an agreement is entered into under paragraph (3)(A), the Committee or lead agency, as the case may be, shall formulate, adhere to, and keep updated a plan for monitoring compliance with the agreement.
“(ii) Elements.—Each plan required by clause (i) with respect to an agreement entered into under paragraph (3)(A) shall include an explanation of—
“(I) which member of the Committee will have primary responsibility for monitoring compliance with the agreement;
“(II) how compliance with the agreement will be monitored;
“(III) how frequently compliance reviews will be conducted;
“(IV) whether an independent entity will be utilized under subparagraph (E) to conduct compliance reviews; and
“(V) what actions will be taken if the parties fail to cooperate regarding monitoring compliance with the agreement.
“(D) Effect of lack of compliance.—If, at any time after a mitigation agreement or condition is entered into or imposed under paragraph (3)(A), the Committee or lead agency, as the case may be, determines that a party or parties to the agreement or condition are not in compliance with the terms of the agreement or condition, the Committee or lead agency may, in addition to the authority of the Committee to impose penalties pursuant to subsection (h)(3) and to unilaterally initiate a review of any covered transaction under subsection (b)(1)(D)(iii)—
“(i) negotiate a plan of action for the party or parties to remediate the lack of compliance, with failure to abide by the plan or otherwise remediate the lack of compliance serving as the basis for the Committee to find a material breach of the agreement or condition;
“(ii) require that the party or parties submit a written notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection with respect to a covered transaction initiated after the date of the determination of noncompliance and before the date that is 5 years after the date of the determination to the Committee to initiate a review of the transaction under subsection (b); or
“(iii) seek injunctive relief.
“(E) Use of independent entities to monitor compliance.—If the parties to an agreement entered into under paragraph (3)(A) enter into a contract with an independent entity from outside the United States Government for the purpose of monitoring compliance with the agreement, the Committee shall take such action as is necessary to prevent a conflict of interest from arising by ensuring that the independent entity owes no fiduciary duty to the parties.
“(F) Successors and assigns.—Any agreement or condition entered into or imposed under paragraph (3)(A) shall be considered binding on all successors and assigns unless and until the agreement or condition terminates on its own terms or is otherwise terminated by the Committee in its sole discretion.
“(G) Additional compliance measures.—Subject to subparagraphs (A) through (F), the Committee shall develop and agree upon methods for evaluating compliance with any agreement entered into or condition imposed with respect to a covered transaction that will allow the Committee to adequately ensure compliance without unnecessarily diverting Committee resources from assessing any new covered transaction for which a written notice under clause (i) of subsection (b)(1)(C) or declaration under clause (v) of that subsection has been filed, and if necessary, reaching a mitigation agreement with or imposing a condition on a party to such covered transaction or any covered transaction for which a review has been reopened for any reason.”
“(A) A list of all notices filed and all reviews or investigations of covered transactions completed during the period, with—
“(i) a description of the outcome of each review or investigation, including whether an agreement was entered into or condition was imposed under subsection (l)(3)(A) with respect to the transaction being reviewed or investigated, and whether the President took any action under this section with respect to that transaction;
“(ii) basic information on each party to each such transaction;
“(iii) the nature of the business activities or products of the United States business with which the transaction was entered into or intended to be entered into; and
“(iv) information about any withdrawal from the process.”
; and
“(G) Statistics on compliance plans conducted and actions taken by the Committee under subsection (l)(6), including subparagraph (D) of that subsection, during that period, a general assessment of the compliance of parties with agreements entered into and conditions imposed under subsection (l)(3)(A) that are in effect during that period, including a description of any actions taken by the Committee to impose penalties or initiate a unilateral review pursuant to subsection (b)(1)(D)(iii), and any recommendations for improving the enforcement of such agreements and conditions.
“(H) Cumulative and, as appropriate, trend information on the number of declarations filed under subsection (b)(1)(C)(v), the actions taken by the Committee in response to those declarations, the business sectors involved in those declarations, and the countries involved in those declarations.
“(I) A description of—
“(i) the methods used by the Committee to identify non-notified and non-declared transactions under subsection (b)(1)(H);
“(ii) potential methods to improve such identification and the resources required to do so; and
“(iii) the number of transactions identified through the process established under that subsection during the reporting period and the number of such transactions flagged for further review.
“(J) A summary of the hiring practices and policies of the Committee pursuant to subsection (k)(4).
“(K) A list of the waivers granted by the Committee under subsection (b)(1)(C)(v)(IV)(bb)(CC).”
“(C) a description of the technologies recommended by the chairperson under subsection (a)(6)(B) for identification under the interagency process set forth in section 1758(a) of the Export Control Reform Act of 2018.”
“(4) Form of report.—
“(A) In general.—All appropriate portions of the annual report under paragraph (1) may be classified. An unclassified version of the report, as appropriate, consistent with safeguarding national security and privacy, shall be made available to the public.
“(B) Inclusion in classified version.—If the Committee recommends that the President suspend or prohibit a covered transaction because the transaction threatens to impair the national security of the United States, the Committee shall, in the classified version of the report required under paragraph (1), notify Congress of the recommendation and, upon request, provide a classified briefing on the recommendation.
“(C) Inclusions in unclassified version.—The unclassified version of the report required under paragraph (1) shall include, with respect to covered transactions for the reporting period—
“(i) the number of notices submitted under subsection (b)(1)(C)(i);
“(ii) the number of declarations submitted under subsection (b)(1)(C)(v) and the number of such declarations that were required under subclause (IV) of that subsection;
“(iii) the number of declarations submitted under subsection (b)(1)(C)(v) for which the Committee required resubmission as notices under subsection (b)(1)(C)(i);
“(iv) the average number of days that elapsed between submission of a declaration under subsection (b)(1)(C)(v) and the acceptance of the declaration by the Committee;
“(v) the median and average number of days that elapsed between acceptance of a declaration by the Committee and a response described in subsection (b)(1)(C)(v)(III);
“(vi) information on the time it took the Committee to provide comments on, or to accept, notices submitted under subsection (b)(1)(C)(i), including—
“(I) the average number of business days that elapsed between the date of submission of a draft notice and the date on which the Committee provided written comments on the draft notice;
“(II) the average number of business days that elapsed between the date of submission of a formal written notice and the date on which the Committee accepted or provided written comments on the formal written notice; and
“(III) if the average number of business days for a response by the Committee reported under subclause (I) or (II) exceeded 10 business days—
“(aa) an explanation of the causes of such delays, including whether such delays are caused by resource shortages, unusual fluctuations in the volume of notices, transaction characteristics, or other factors; and
“(bb) an explanation of the steps that the Committee anticipates taking to mitigate the causes of such delays and otherwise to improve the ability of the Committee to provide comments on, or to accept, notices within 10 business days;
“(vii) the number of reviews or investigations conducted under subsection (b);
“(viii) the number of investigations that were subject to an extension under subsection (b)(2)(C)(ii);
“(ix) information on the duration of those reviews and investigations, including the median and average number of days required to complete those reviews and investigations;
“(x) the number of notices submitted under subsection (b)(1)(C)(i) and declarations submitted under subsection (b)(1)(C)(v) that were rejected by the Committee;
“(xi) the number of such notices and declarations that were withdrawn by a party to the covered transaction;
“(xii) the number of such withdrawals that were followed by the submission of a subsequent such notice or declaration relating to a substantially similar covered transaction; and
“(xiii) such other specific, cumulative, or trend information that the Committee determines is advisable to provide for an assessment of the time required for reviews and investigations of covered transactions under this section.”
“(1) In general.—Each notice”
“(2) Effect of failure to submit.—The Committee may not complete a review under this section of a covered transaction and may recommend to the President that the President suspend or prohibit the transaction under subsection (d) if the Committee determines that a party to the transaction has—
“(A) failed to submit a statement required by paragraph (1); or
“(B) included false or misleading information in a notice or information described in paragraph (1) or omitted material information from such notice or information.
“(3) Applicability of law on fraud and false statements.—The Committee shall prescribe regulations expressly providing for the application of section 1001 of title 18, United States Code, to all information provided to the Committee under this section by any party to a covered transaction.”
“(o) Testimony.—
“(1) In general.—Not later than March 31 of each year, the chairperson, or the designee of the chairperson, shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate to present testimony on—
“(A) anticipated resources necessary for operations of the Committee in the following fiscal year at each of the departments or agencies represented on the Committee;
“(B) the adequacy of appropriations for the Committee in the current and the previous fiscal year to—
“(i) ensure that thorough reviews and investigations are completed as expeditiously as possible;
“(ii) monitor and enforce mitigation agreements; and
“(iii) identify covered transactions for which a notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection was not submitted to the Committee;
“(C) management efforts to strengthen the ability of the Committee to meet the requirements of this section; and
“(D) activities of the Committee undertaken in order to—
“(i) educate the business community, with a particular focus on the technology sector and other sectors of importance to national security, on the goals and operations of the Committee;
“(ii) disseminate to the governments of countries that are allies or partners of the United States best practices of the Committee that—
“(I) strengthen national security reviews of relevant investment transactions; and
“(II) expedite such reviews when appropriate; and
“(iii) promote openness to foreign investment, consistent with national security considerations.
“(2) Sunset.—This subsection shall have no force or effect on or after the date that is 7 years after the date of the enactment of the Foreign Investment Risk Review Modernization Act of 2018.”
“(p) Funding.—
“(1) Establishment of fund.—There is established in the Treasury of the United States a fund, to be known as the ‘Committee on Foreign Investment in the United States Fund’ (in this subsection referred to as the ‘Fund’), to be administered by the chairperson.
“(2) Authorization of appropriations for the committee.—There are authorized to be appropriated to the Fund for each of fiscal years 2019 through 2023 $20,000,000 to perform the functions of the Committee.
“(3) Filing fees.—
“(A) In general.—The Committee may assess and collect a fee in an amount determined by the Committee in regulations, to the extent provided in advance in appropriations Acts, without regard to section 9701 of title 31, United States Code, and subject to subparagraph (B), with respect to each covered transaction for which a written notice is submitted to the Committee under subsection (b)(1)(C)(i). The total amount of fees collected under this paragraph may not exceed the costs of administering this section.
“(B) Determination of amount of fee.—
“(i) In general.—The amount of the fee to be assessed under subparagraph (A) with respect to a covered transaction—
“(I) may not exceed an amount equal to the lesser of—
“(aa) 1 percent of the value of the transaction; or
“(bb) $300,000, adjusted annually for inflation pursuant to regulations prescribed by the Committee; and
“(II) shall be based on the value of the transaction, taking into account—
“(aa) the effect of the fee on small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632));
“(bb) the expenses of the Committee associated with conducting activities under this section;
“(cc) the effect of the fee on foreign investment; and
“(dd) such other matters as the Committee considers appropriate.
“(ii) Updates.—The Committee shall periodically reconsider and adjust the amount of the fee to be assessed under subparagraph (A) with respect to a covered transaction to ensure that the amount of the fee does not exceed the costs of administering this section and otherwise remains appropriate.
“(C) Deposit and availability of fees.—Notwithstanding section 3302 of title 31, United States Code, fees collected under subparagraph (A) shall—
“(i) be deposited into the Fund solely for use in carrying out activities under this section;
“(ii) to the extent and in the amounts provided in advance in appropriations Acts, be available to the chairperson;
“(iii) remain available until expended; and
“(iv) be in addition to any appropriations made available to the members of the Committee.
“(D) Study on prioritization fee.—
“(i) In general.—Not later than 270 days after the date of the enactment of the Foreign Investment Risk Review Modernization Act of 2018, the chairperson, in consultation with the Committee, shall complete a study of the feasibility and merits of establishing a fee or fee scale to prioritize the timing of the response of the Committee to a draft or formal written notice during the period before the Committee accepts the formal written notice under subsection (b)(1)(C)(i), in the event that the Committee is unable to respond during the time required by subclause (II) of that subsection because of an unusually large influx of notices, or for other reasons.
“(ii) Submission to congress.—After completing the study required by clause (i), the chairperson, or a designee of the chairperson, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the findings of the study.
“(4) Transfer of funds.—To the extent provided in advance in appropriations Acts, the chairperson may transfer any amounts in the Fund to any other department or agency represented on the Committee for the purpose of addressing emerging needs in carrying out activities under this section. Amounts so transferred shall be in addition to any other amounts available to that department or agency for that purpose.”
“(q) Centralization of Certain Committee Functions.—
“(1) In general.—The chairperson, in consultation with the Committee, may centralize certain functions of the Committee within the Department of the Treasury for the purpose of enhancing interagency coordination and collaboration in carrying out the functions of the Committee under this section.
“(2) Functions.—Functions that may be centralized under paragraph (1) include identifying non-notified and non-declared transactions pursuant to subsection (b)(1)(H), and other functions as determined by the chairperson and the Committee.
“(3) Rule of construction.—Nothing in this section shall be construed as limiting the authority of any department or agency represented on the Committee to represent its own interests before the Committee.”
“(t) any violation of the Export Control Reform Act of 2018; or”