| S. 1790 |
One Hundred Sixteenth Congress of theUnited States of America AT THE FIRST SESSION Begun and held at the City of Washington on Thursday, an act To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2020”. (a) Divisions.—This Act is organized into four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Intelligence Authorizations for Fiscal Years 2018, 2019, and 2020. (6) Division F—Other Matters. (b) Table of contents.—The table of contents for this Act is as follows:
Sec. 101. Authorization of appropriations. Sec. 111. Authority of the Secretary of the Army to waive certain limitations related to the Distributed Common Ground System-Army Increment 1. Sec. 121. Ford-class aircraft carrier cost limitation baselines. Sec. 122. Modification of annual report on cost targets for certain aircraft carriers. Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S. Harry S. Truman. Sec. 124. Ford class aircraft carrier support for F–35C aircraft. Sec. 125. Prohibition on use of funds for reduction of aircraft carrier force structure. Sec. 126. Modification of prohibition on availability of funds for Navy waterborne security barriers. Sec. 127. LHA Replacement Amphibious Assault Ship Program. Sec. 128. Strategic sealift fleet vessel. Sec. 129. Design and construction of amphibious transport dock designated LPD–31. Sec. 130. Limitation on availability of funds for the Littoral Combat Ship. Sec. 131. Limitation on the next new class of Navy large surface combatants. Sec. 132. Limitation on availability of funds pending quarterly updates on the CH–53K King Stallion helicopter program. Sec. 133. Limitation on availability of funds for VH–92A helicopter. Sec. 134. Report on carrier wing and aviation combat element composition. Sec. 141. Modification of requirement to preserve certain C–5 aircraft. Sec. 142. OC–135B aircraft recapitalization program. Sec. 143. Requirement to align Air Force aviation force structure with National Defense Strategy. Sec. 144. Prohibition on availability of funds for reduction in KC–10 primary mission aircraft inventory. Sec. 145. Limitation on availability of funds for F–15EX aircraft. Sec. 146. Limitation on availability of funds for VC–25B aircraft. Sec. 147. Limitation on availability of funds for RC–26B aircraft. Sec. 148. Limitation on availability of funds for retirement of RC–135 aircraft. Sec. 149. Air Force aggressor squadron modernization. Sec. 150. Air Force plan for Combat Rescue Helicopter fielding. Sec. 151. Report on feasibility of multiyear contract for procurement of JASSM–ER missiles. Sec. 152. Report on aircraft fleet of the Civil Air Patrol. Sec. 153. Sense of Congress on the light attack aircraft initiative of the Air Force. Sec. 161. Economic order quantity contracting and buy-to-budget acquisition for F–35 aircraft program. Sec. 162. Relief from contractors for failure to deliver ready-for-issue spare parts for the F–35 aircraft program. Sec. 163. Limitation on availability of funds for reallocation of Turkish F–35A aircraft to the United States. Sec. 164. Requirement to establish the use of an Agile DevOps software development solution as an alternative for Joint Strike Fighter Autonomic Logistics Information System. Sec. 165. F–35 sustainment cost. Sec. 166. Reports on the progress and performance of the F–35 aircraft program. Sec. 167. Other reports on the F–35 aircraft program. Sec. 168. Limitation on availability of funds for communications systems lacking certain resiliency features. Sec. 169. Repeal of tactical unmanned vehicle common data link requirement. Sec. 201. Authorization of appropriations. Sec. 211. Program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics. Sec. 212. Updates to the Department of Defense personnel management authority to attract experts in science and engineering. Sec. 213. Establishment of joint reserve detachment of the Defense Innovation Unit. Sec. 214. Research and educational programs and activities for Historically Black Colleges and Universities and Minority-Serving Institutions of Higher Education. Sec. 215. Modification of authority for prizes for advanced technology achievements. Sec. 216. Joint hypersonics transition office. Sec. 217. Modification of proof of concept commercialization program. Sec. 218. Modification of authority and addition of technology areas for expedited access to technical talent. Sec. 219. Expansion of coordination in support of national security innovation and entrepreneurial education. Sec. 220. Modification of defense quantum information science and technology research and development program. Sec. 221. Understanding of investments in artificial intelligence and development of capabilities by adversaries. Sec. 222. Advisory role of JASON scientific advisory group. Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program. Sec. 224. Requiring defense microelectronics products and services meet trusted supply chain and operational security standards. Sec. 225. Development and acquisition strategy to procure secure, low probability of detection data link network capability. Sec. 226. Establishment of secure next-generation wireless network (5G) infrastructure for the Nevada Test and Training Range and base infrastructure. Sec. 227. Administration of manufacturing innovation institutes funded by the Department of Defense. Sec. 228. Research program on foreign malign influence operations. Sec. 229. Diversification of the research and engineering workforce of the Department of Defense. Sec. 230. Policy on the talent management of digital expertise and software professionals. Sec. 231. Digital engineering capability to automate testing and evaluation. Sec. 232. Process to align policy formulation and emerging technology development. Sec. 233. Improvement of the Strategic Capabilities Office of the Department of Defense. Sec. 234. Pilot program on enhanced civics education. Sec. 235. Technology and national security fellowship. Sec. 236. Documentation relating to the Advanced Battle Management System. Sec. 237. Sensor data integration for fifth generation aircraft. Sec. 238. Sense of Congress on future vertical lift technologies. Sec. 239. Use of funds for Strategic Environmental Research Program, Environmental Security Technical Certification Program, and Operational Energy Capability Improvement. Sec. 240. Limitation and report on Indirect Fire Protection Capability Increment 2 capability. Sec. 251. Master plan for implementation of authorities relating to science and technology reinvention laboratories. Sec. 252. Infrastructure to support research, development, test, and evaluation missions. Sec. 253. Energetics plan. Sec. 254. Strategy and implementation plan for fifth generation information and communications technologies. Sec. 255. Department-wide software science and technology strategy. Sec. 256. Artificial intelligence education strategy. Sec. 257. Cyber science and technology activities roadmap and reports. Sec. 258. Report on B–52 commercial engine replacement program. Sec. 259. Commercial edge computing technologies and best practices for Department of Defense warfighting systems. Sec. 260. Biannual report on the Joint Artificial Intelligence Center. Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle program. Sec. 262. National Study on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions. Sec. 263. Study on national security emerging biotechnologies for the Department of Defense. Sec. 264. Independent study on optimizing resources allocated to Combating Terrorism Technical Support Office. Sec. 265. Independent assessment of electronic warfare plans and programs. Sec. 266. Technical correction to Global Research Watch Program. Sec. 301. Authorization of appropriations. Sec. 311. Timeline for Clearinghouse review of applications for energy projects that may have an adverse impact on military operations and readiness. Sec. 312. Authority to accept contributions of funds from applicants for energy projects for mitigation of impacts on military operations and readiness. Sec. 313. Use of proceeds from sale of recyclable materials. Sec. 314. Disposal of recyclable materials. Sec. 315. Department of Defense improvement of previously conveyed utility systems serving military installations. Sec. 316. Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard. Sec. 317. Use of operational energy cost savings of Department of Defense. Sec. 318. Sale of electricity from alternate energy and cogeneration production facilities. Sec. 319. Energy resilience programs and activities. Sec. 320. Technical and grammatical corrections and repeal of obsolete provisions relating to energy. Sec. 321. Transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent. Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous film-forming foam at military installations. Sec. 324. Prohibition on use of fluorinated aqueous film forming foam for training exercises. Sec. 325. Real-time sound-monitoring at Navy installations where tactical fighter aircraft operate. Sec. 326. Development of extreme weather vulnerability and risk assessment tool. Sec. 327. Removal of barriers that discourage investments to increase military installation resilience. Sec. 328. Budgeting of Department of Defense relating to extreme weather. Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in Meals Ready-to-Eat Food Packaging. Sec. 330. Disposal of materials containing per- and polyfluoroalkyl substances or aqueous film-forming foam. Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl and polyfluoroalkyl substances and other contaminants of concern. Sec. 332. Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances. Sec. 333. Plan to phase out use of burn pits. Sec. 334. Information relating to locations of burn pit use. Sec. 335. Data quality review of radium testing conducted at certain locations of the Department of the Navy. Sec. 336. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota. Sec. 337. Pilot program for availability of working-capital funds for increased combat capability through energy optimization. Sec. 338. Report on efforts to reduce high energy intensity at military installations. Sec. 341. Short title. Sec. 342. Definitions. Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural purposes. Sec. 344. Acquisition of real property by Air Force. Sec. 345. Remediation plan. Sec. 351. Materiel readiness metrics and objectives. Sec. 352. Clarification of authority regarding use of working-capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities. Sec. 353. Modification to limitation on length of overseas forward deployment of naval vessels. Sec. 354. Extension of temporary installation reutilization authority for arsenals, depots, and plants. Sec. 355. F–35 Joint Strike Fighter sustainment. Sec. 356. Report on strategic policy for prepositioned materiel and equipment. Sec. 357. Pilot program to train skilled technicians in critical shipbuilding skills. Sec. 358. Requirement for military department inter-service depot maintenance. Sec. 359. Strategy to improve infrastructure of certain depots of the Department of Defense. Sec. 361. Readiness reporting. Sec. 362. Technical correction to deadline for transition to Defense Readiness Reporting System Strategic. Sec. 363. Report on Navy ship depot maintenance budget. Sec. 364. Report on Runit Dome. Sec. 365. Prohibition on subjective upgrades by commanders of unit ratings in monthly readiness reporting on military units. Sec. 366. Requirement to include foreign language proficiency in readiness reporting systems of Department of Defense. Sec. 371. Prevention of encroachment on military training routes and military operations areas. Sec. 372. Expansion and enhancement of authorities on transfer and adoption of military animals. Sec. 373. Extension of authority for Secretary of Defense to use Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 374. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance. Sec. 375. Defense personal property program. Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility. Sec. 377. Sense of Congress regarding Innovative Readiness Training program. Sec. 378. Detonation chambers for explosive ordnance disposal. Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Authorized strengths for Marine Corps Reserves on active duty. Sec. 416. Modification of authorized strength of Air Force Reserve serving on full-time reserve component duty for administration of the reserves or the National Guard. Sec. 421. Military personnel. Sec. 501. Maker of original appointments in a regular or reserve component of commissioned officers previously subject to original appointment in other type of component. Sec. 502. Furnishing of adverse information on officers to promotion selection boards. Sec. 503. Limitation on number of officers recommendable for promotion by promotion selection boards. Sec. 504. Expansion of authority for continuation on active duty of officers in certain military specialties and career tracks. Sec. 505. Management policies for joint qualified officers. Sec. 506. Modification of authorities on management of deployments of members of the Armed Forces and related unit operating and personnel tempo matters. Sec. 507. Personnel tempo of the Armed Forces and the United States Special Operations Command during periods of inapplicability of high-deployment limitations. Sec. 508. Permanent authority to defer past age 64 the retirement of chaplains in general and flag officer grades. Sec. 509. Higher grade in retirement for officers following reopening of determination or certification of retired grade. Sec. 510. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list. Sec. 510A. Availability on the internet of certain information about officers serving in general or flag officer grades. Sec. 510B. Functional badge or insignia upon commission for chaplains. Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training Corps. Sec. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Officers’ Training Corps. Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers' Training Corps units. Sec. 514. Clarification of eligibility to serve as Commander, Marine Forces Reserve. Sec. 515. Extension and periodic evaluation of suicide prevention and resilience program for the reserve components. Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components. Sec. 517. Modernization of inspection authorities applicable to the National Guard. Sec. 518. Consultation with Chief of the National Guard Bureau in the appointment or designation of National Guard property and fiscal officers. Sec. 519. Coast Guard Junior Reserve Officers’ Training Corps. Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit vacancy promotions by commanders of associated active duty units. Sec. 520A. Report on methods to enhance domestic response to large scale, complex and catastrophic disasters. Sec. 520B. Report and briefing on the Senior Reserve Officers' Training Corps. Sec. 520C. Sense of Congress on increase in number of Junior Reserve Officers' Training Corps units. Sec. 521. Advice and counsel of trauma experts in review by boards for correction of military records and discharge review boards of certain claims. Sec. 522. Reduction in required number of members of discharge review boards. Sec. 523. Establishment of process to review a request for upgrade of discharge or dismissal. Sec. 524. Prohibition on reduction in the number of personnel assigned to duty with a service review agency. Sec. 525. Training of members of boards for correction of military records and discharge review boards on sexual trauma, intimate partner violence, spousal abuse, and related matters. Sec. 526. Time requirements for certification of honorable service. Sec. 527. Correction of certain discharge characterizations. Sec. 528. Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the Armed Forces for decorations when the service records are incomplete because of damage to the official record. Sec. 529. Strategic plan for diversity and inclusion. Sec. 530. Study regarding screening individuals who seek to enlist in the Armed Forces. Sec. 530A. Feasibility study regarding notification to Secretary of Homeland Security of honorable discharges of non-citizens. Sec. 530B. Sense of Congress regarding accession physicals. Sec. 531. Expansion of pre-referral matters reviewable by military judges and military magistrates in the interest of efficiency in military justice. Sec. 532. Command influence. Sec. 533. Statute of limitations for certain offenses. Sec. 534. Public access to dockets, filings, and court records of courts-martial or other records of trial of the military justice system. Sec. 535. Extension of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 536. Authority for return of personal property to victims of sexual assault who file a Restricted Report before conclusion of related proceedings. Sec. 537. Guidelines on sentences for offenses committed under the Uniform Code of Military Justice. Sec. 538. Notification of significant events and documentation of preference for prosecution jurisdiction for victims of sexual assault. Sec. 539. Increase in number of digital forensic examiners for certain military criminal investigative organizations. Sec. 540. Increase in investigative personnel and Victim Witness Assistance Program liaisons. Sec. 540A. Training for sexual assault initial disposition authorities on exercise of disposition authority for sexual assault and collateral offenses. Sec. 540B. Training for commanders in the Armed Forces on their role in all stages of military justice in connection with sexual assault. Sec. 540C. Timely disposition of nonprosecutable sex-related offenses. Sec. 540D. Department of Defense-wide policy and military department-specific programs on reinvigoration of the prevention of sexual assault involving members of the Armed Forces. Sec. 540E. Recommendations on separate punitive article in the Uniform Code of Military Justice on sexual harassment. Sec. 540F. Report on military justice system involving alternative authority for determining whether to prefer or refer changes for felony offenses under the Uniform Code of Military Justice. Sec. 540G. Report on standardization among the military departments in collection and presentation of information on matters within the military justice system. Sec. 540H. Report on expansion of Air Force safe to report policy across the Armed Forces. Sec. 540I. Assessment of racial, ethnic, and gender disparities in the military justice system. Sec. 540J. Pilot programs on defense investigators in the military justice system. Sec. 540K. Report on preservation of recourse to restricted report on sexual assault for victims of sexual assault following certain victim or third-party communications. Sec. 540L. Report on establishment of guardian ad litem program for certain military dependents who are a victim or witness of an offense under the Uniform Code of Military Justice involving abuse or exploitation. Sec. 540M. Comptroller General of the United States report on implementation by the Armed Forces of recent statutory requirements on sexual assault prevention and response in the military. Sec. 540N. Sense of Congress on the Port Chicago 50. Sec. 541. Improvement of certain Special Victims' Counsel authorities. Sec. 542. Availability of Special Victims' Counsel at military installations. Sec. 543. Notification of issuance of military protective order to civilian law enforcement. Sec. 544. Copyright protection for civilian faculty of certain accredited institutions. Sec. 545. Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service. Sec. 546. Military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act. Sec. 547. Preservation of right to bring class action under Servicemembers Civil Relief Act. Sec. 548. Legal counsel for victims of alleged domestic violence offenses. Sec. 549. Notice to victims of alleged sexual assault of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 550. Treatment of information in Catch a Serial Offender Program for certain purposes. Sec. 550A. Policies and procedures on registration at military installations of civilian protective orders applicable to members of the Armed Forces assigned to such installations and certain other individuals. Sec. 550B. Defense Advisory Committee for the Prevention of Sexual Misconduct. Sec. 550C. Training for Special Victims' Counsel on civilian criminal justice matters in the States of the military installations to which assigned. Sec. 550D. Enhancing the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. Sec. 550E. Feasibility study on establishment of database of military protective orders. Sec. 550F. GAO review of USERRA and SCRA. Sec. 551. Authority for detail of certain enlisted members of the Armed Forces as students at law schools. Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE Program. Sec. 553. Degree granting authority for United States Army Armament Graduate School; limitation on establishment of certain educational institutions. Sec. 554. Prohibition on off-duty employment for cadets and midshipmen completing obligated service after graduation. Sec. 555. Consideration of request for transfer of a cadet or midshipman at a military service academy who is the victim of a sexual assault or related offense. Sec. 556. Redesignation of the Commandant of the United States Air Force Institute of Technology as the Director and Chancellor of such Institute. Sec. 557. Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force. Sec. 558. Speech disorders of cadets and midshipmen. Sec. 559. Requirement to continue provision of tuition assistance for members of the Armed Forces. Sec. 560. Information on institutions of higher education participating in the Department of Defense Tuition Assistance Program. Sec. 560A. Inclusion of information on free credit monitoring in annual financial literacy briefing. Sec. 560B. Programs to facilitate the award of private pilot's certificates. Sec. 561. Requirement to provide information regarding benefits claims to members during TAP counseling. Sec. 562. Participation of other Federal agencies in the SkillBridge apprenticeship and internship program for members of the Armed Forces. Sec. 563. First modification of elements of report on the improved Transition Assistance Program. Sec. 564. Second modification of elements of report on the improved Transition Assistance Program. Sec. 565. Prohibition on gender-segregated training at Marine Corps Recruit Depots. Sec. 566. Assessment of deaths of recruits under the jurisdiction of the Secretaries of the military departments. Sec. 567. Review of Department of Defense training programs regarding disinformation campaigns. Sec. 568. Command matters in connection with transition assistance programs. Sec. 569. Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214). Sec. 570. Records of service for Reserves. Sec. 570A. Limitations and requirements in connection with separations for members of the Armed Forces who suffer from mental health conditions in connection with a sex-related, intimate partner violence-related, or spousal-abuse offense. Sec. 570B. Prohibition on involuntary separation of certain members of the Armed Forces; consideration of military service in removal determinations. Sec. 570C. Inclusion of question regarding immigration status on preseparation counseling checklist (DD Form 2648). Sec. 570D. Counseling for members of the Armed Forces who are not citizens of the United States on naturalization in the United States. Sec. 570E. Pilot program on information sharing between Department of Defense and designated relatives and friends of members of the Armed Forces regarding the experiences and challenges of military service. Sec. 570F. Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 570G. Pilot program regarding online application for the Transition Assistance Program. Sec. 571. Authorizing members to take leave for a birth or adoption in more than one increment. Sec. 572. Deferred deployment for members who give birth. Sec. 573. Authority of the Secretary concerned to transport remains of a covered decedent to no more than two places selected by the person designated to direct disposition of the remains. Sec. 574. Military funeral honors matters. Sec. 575. Improvement of occupational license portability for relocated spouses of members of the uniformed services. Sec. 576. Continued eligibility for education and training opportunities for spouses of promoted members. Sec. 577. Modification to authority to reimburse for State licensure and certification costs of a spouse of a servicemember arising from relocation. Sec. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program. Sec. 579. Annual State report card. Sec. 580. Improvements to child care for members of the Armed Forces. Sec. 580A. Transportation of remains of casualties; travel expenses for next of kin. Sec. 580B. Meetings of officials of the Department of Defense with representative groups of survivors of deceased members of the Armed Forces. Sec. 580C. Information and opportunities for registration for voting and absentee ballot requests for members of the Armed Forces undergoing deployment overseas. Sec. 580D. Study on two-way military ballot barcode tracking. Sec. 580E. Assistance to schools with military dependent students. Sec. 580F. First expansion of the My Career Advancement Account program for military spouses. Sec. 580G. Second expansion of the My Career Advancement Account program for military spouses. Sec. 580H. Report on training and support available to military spouses. Sec. 580I. Ri’katak Guest Student Program at United States Army Garrison−Kwajalein Atoll. Sec. 581. Modification of authorities on eligibility for and replacement of gold star lapel buttons. Sec. 582. Standardization of honorable service requirement for award of military decorations. Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam. Sec. 584. Review of World War I valor medals. Sec. 591. Clarification of the term “assault” for purposes of Workplace and Gender Relations Surveys. Sec. 592. Inclusion of certain veterans on temporary disability or permanent disabled retirement lists in military adaptive sports programs. Sec. 593. Questions in surveys regarding extremist activity in the workplace. Sec. 594. Study on best practices for providing financial literacy education for separating members of the Armed Forces. Sec. 595. Report on oversight of authorized strengths of certain grades of commissioned regular and reserve officers of the Armed Forces. Sec. 596. Report on certain waivers. Sec. 597. Notifications on manning of afloat naval forces. Sec. 598. Report regarding use of aerial systems of the Department of Defense to support agencies of States, Territories, and the Federal Government. Sec. 599. Information for members of the Armed Forces on availability of services of the Department of Veterans Affairs relating to sexual trauma. Sec. 599A. Authority to issue an honorary promotion to Colonel Charles E. McGee, United States Air Force (ret.), to the grade of brigadier general. Sec. 599B. Authority to issue an honorary and posthumous promotion to Lieutenant Colonel Richard Cole, United States Air Force (ret.), to the grade of colonel. Sec. 599C. Sense of Congress on the honorable and distinguished service of General Joseph F. Dunford, United States Marine Corps, to the United States. Sec. 601. Clarification of continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action. Sec. 602. Continued entitlements while a member of the Armed Forces participates in a career intermission program. Sec. 603. Exemption from repayment of voluntary separation pay. Sec. 604. Consideration of service on active duty to reduce age of eligibility for retired pay for non-regular service. Sec. 605. Temporary adjustment of rates of basic allowance for housing following determination that local civilian housing costs significantly differ from such rates. Sec. 606. Reinvestment of travel refunds by the Department of Defense. Sec. 607. Addition of partial dislocation allowance to allowable travel and transportation expenses for servicemembers. Sec. 608. Reductions on account of earnings from work performed while entitled to an annuity supplement. Sec. 609. Increase in basic pay. Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Sec. 621. Expansion of eligibility for exceptional transitional compensation for dependents to dependents of current members. Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation. Sec. 623. Death gratuity for ROTC graduates. Sec. 624. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such services to survivors of members of the Armed Forces who die in combat in the line of duty. Sec. 625. Casualty assistance for survivors of deceased ROTC graduates. Sec. 631. Defense resale system matters. Sec. 632. Procurement by commissary stores of certain locally sourced products. Sec. 633. GAO review of defense resale optimization study. Sec. 641. Extension of certain morale, welfare, and recreation privileges to Foreign Service officers on mandatory home leave. Sec. 642. Extension of pilot program on a Government lodging program. Sec. 651. Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for emoluments clause purposes. Sec. 652. Report regarding transition from overseas housing allowance to basic allowance for housing for servicemembers in the territories. Sec. 653. Report on extension to members of the reserve components of the Armed Forces of special and incentive pays for members of the Armed Forces not currently payable to members of the reserve components. Sec. 654. Study regarding recoupment of separation pay, special separation benefits, and voluntary separation incentive payments from members of the Armed Forces and veterans who receive disability compensation under laws administered by the Secretary of Veterans Affairs. Sec. 655. Report on implementation of contributions to the Department of Defense Military Retirement Fund based on pay costs per Armed Force rather than on Armed Forces-wide basis. Sec. 656. Report on food insecurity among members of the Armed Forces and their dependents. Sec. 701. Modification of eligibility for TRICARE Reserve Select for certain members of the Selected Reserve. Sec. 702. TRICARE payment options for retirees and their dependents. Sec. 703. Lead level screening and testing for children. Sec. 704. Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of periodic health assessments and other physical examinations. Sec. 705. Enhancement of recordkeeping with respect to exposure by members of the Armed Forces to certain occupational and environmental hazards while deployed overseas. Sec. 706. Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation. Sec. 707. Provision of blood testing for firefighters of Department of Defense to determine exposure to perfluoroalkyl and polyfluoroalkyl substances. Sec. 711. Modification of organization of military health system. Sec. 712. Support by military health system of medical requirements of combatant commands. Sec. 713. Requirements for certain prescription drug labels. Sec. 714. Officers authorized to command Army dental units. Sec. 715. Improvements to interagency program office of the Department of Defense and the Department of Veterans Affairs. Sec. 716. Expansion of strategy to improve acquisition of managed care support contracts under TRICARE program. Sec. 717. Inclusion of blast exposure history in medical records of members of the Armed Forces. Sec. 718. Comprehensive policy for provision of mental health care to members of the Armed Forces. Sec. 719. Limitation on the realignment or reduction of military medical manning end strength. Sec. 720. Strategy to recruit and retain mental health providers. Sec. 721. Development of partnerships to improve combat casualty care for personnel of the Armed Forces. Sec. 722. Modification to referrals for mental health services. Sec. 731. Authorization of claims by members of the uniformed services against the United States for personal injury or death caused by medical malpractice. Sec. 732. Extension and clarification of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson Foundation for the Advancement of Military Medicine. Sec. 734. Establishment of Academic Health System in National Capital Region. Sec. 735. Provision of veterinary services by veterinary professionals of the Department of Defense in emergencies. Sec. 736. Three-year extension of authority to continue the DOD-VA Health Care Sharing Incentive Fund. Sec. 737. Preservation of resources of the Army Medical Research and Materiel Command and continuation as Center of Excellence. Sec. 738. Encouragement of participation in Women’s Health Transition Training pilot program. Sec. 739. National Guard suicide prevention pilot program. Sec. 740. Pilot Program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System. Sec. 741. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense. Sec. 742. Modification of requirements for longitudinal medical study on blast pressure exposure of members of the Armed Forces and collection of exposure information. Sec. 743. Study and plan on the use of military-civilian integrated health delivery systems. Sec. 744. Study on case management in the military health system. Sec. 745. Report on Global Health Security Strategy and the National Biodefense Security. Sec. 746. Study on establishment of wounded warrior service dog program. Sec. 747. GAO report on Department of Defense quality assurance program and impacts of medical malpractice actions. Sec. 748. Reports on Millennium Cohort Study relating to women members of the Armed Forces. Sec. 749. Study on effects of sleep deprivation on readiness of members of the Armed Forces. Sec. 750. Study and report on traumatic brain injury mitigation efforts. Sec. 800. Authority for continuous integration and delivery of software applications and upgrades to embedded systems. Sec. 801. Pilot program on intellectual property evaluation for acquisition programs. Sec. 802. Pilot program to use alpha contracting teams for complex requirements. Sec. 803. Failure to provide other than certified cost or pricing data upon request. Sec. 804. Comptroller General report on price reasonableness. Sec. 805. Limitation on transfer of funds related to cost overruns and cost underruns. Sec. 806. Standardizing data collection and reporting on use of source selection procedures by Federal agencies. Sec. 807. Department of Defense use of fixed-price contracts. Sec. 808. Repeal of continuation of data rights during challenges. Sec. 809. Repeal of authority to waive acquisition laws to acquire vital national security capabilities. Sec. 810. Repeal of the Defense Cost Accounting Standards Board. Sec. 815. Modification of Director of Operational Test and Evaluation report. Sec. 816. Modification of written approval requirement for task and delivery order single contract awards. Sec. 817. Responsibility for data analysis and requirements validation for services contracts. Sec. 818. Documentation of market research related to commercial item determinations. Sec. 819. Availability of data on the use of other transaction authority and report on the use of authority to carry out prototype projects. Sec. 820. Notification of Navy procurement production disruptions. Sec. 821. Modification to acquisition authority of the Commander of the United States Cyber Command. Sec. 822. Extension of Never Contract With the Enemy. Sec. 823. Modification of justification and approval requirement for certain Department of Defense contracts. Sec. 824. Extension of sunset relating to Federal Data Center Consolidation Initiative. Sec. 825. Pilot program to accelerate contracting and pricing processes. Sec. 826. Uniformity in application of micro-purchase threshold to certain task or delivery orders. Sec. 827. Requirement for cost estimates on models of commercial e-commerce portal program. Sec. 830. Modification of requirements for reporting to Congress on certain acquisition programs. Sec. 831. Pilot program to streamline decision-making processes for weapon systems. Sec. 832. Analysis of alternatives pursuant to materiel development decisions. Sec. 833. Naval vessel certification required before Milestone B approval. Sec. 835. Extramural acquisition innovation and research activities. Sec. 836. Report on realignment of the defense acquisition system to implement acquisition reforms. Sec. 837. Report and limitation on the availability of funds relating to the “middle tier” of acquisition programs. Sec. 838. Report on intellectual property policy and the cadre of intellectual property experts. Sec. 839. Guidance and reports relating to covered defense business systems. Sec. 840. Implementation guidance for use of a modular open system approach. Sec. 841. Limitation on availability of funds for the Office of the Chief Management Officer of the Department of Defense. Sec. 845. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 846. Report requirements for the national technology and industrial base. Sec. 847. Mitigating risks related to foreign ownership, control, or influence of Department of Defense contractors or subcontractors. Sec. 848. Prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 849. Modification of prohibition on acquisition of sensitive materials from non-allied foreign nations. Sec. 850. Acquisition and disposal of certain rare earth materials. Sec. 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 852. Authorized official to carry out the procurement technical assistance cooperative agreement program. Sec. 853. Requirement that certain ship components be manufactured in the national technology and industrial base. Sec. 854. Addition of domestically produced stainless steel flatware and dinnerware to the Berry Amendment. Sec. 855. Application of miscellaneous technology base policies and programs to the Columbia-class submarine program. Sec. 856. Application of limitation on procurement of goods other than United States goods to the FFG–Frigate Program. Sec. 857. Sense of Congress regarding consideration of price in procurement of the FFG(X) frigate. Sec. 860. Establishment of Defense Civilian Training Corps. Sec. 861. Defense acquisition workforce certification, education, and career fields. Sec. 862. Software development and software acquisition training and management programs. Sec. 863. Modification of temporary assignments of Department of Defense employees to a private-sector organization. Sec. 864. Incentives and consideration for qualified training programs. Sec. 865. Use of qualified apprentices by military construction contractors. Sec. 870. Requirements relating to credit for certain small business concern subcontractors. Sec. 871. Inclusion of best in class designations in annual report on small business goals. Sec. 872. Reauthorization and improvement of Department of Defense Mentor-Protege Program. Sec. 873. Accelerated payments applicable to contracts with certain small business concerns under the Prompt Payment Act. Sec. 874. Postaward explanations for unsuccessful offerors for certain contracts. Sec. 875. Small business contracting credit for subcontractors that are Puerto Rico businesses or covered territory businesses. Sec. 876. Technical amendment regarding treatment of certain surviving spouses under the definition of small business concern owned and controlled by service-disabled veterans. Sec. 877. Extension of loan assistance and deferral eligibility to reservists and members of the National Guard beyond periods of military conflict. Sec. 878. Modification to the Defense Research and Development Rapid Innovation Program. Sec. 879. Alignment of the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program with the National Defense Science and Technology Strategy. Sec. 880. Assistance for small business concerns participating in the SBIR and STTR programs. Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs. Sec. 882. Funding for defense research activities of small business concerns. Sec. 883. Modifications to budget display requirements for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program. Sec. 884. Pilot program for domestic investment under the SBIR program. Sec. 885. Review of guidance to contractors on nondiscrimination on the basis of sex. Sec. 886. Comptroller General report on contractor violations of certain labor laws. Sec. 887. Comptroller General report on contingency contracting. Sec. 888. Policies and procedures for contractors to report gross violations of internationally recognized human rights. Sec. 889. Comptroller General report on oversight of contractors providing private security functions. Sec. 890. Prohibition on contracting with persons that have business operations with the Maduro regime. Sec. 891. Report on the Combating Trafficking in Persons initiative. Sec. 892. Improved management of information technology and cyberspace investments. Sec. 893. Modification to requirements for purchase of commercial leasing services pursuant to multiple award contracts. Sec. 901. Headquarters activities of the Department of Defense matters. Sec. 902. Clarifying the roles and responsibilities of the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering. Sec. 903. Return to Chief Information Officer of the Department of Defense of responsibility for business systems and related matters. Sec. 904. Assessments of responsibilities and authorities of the Chief Management Officer of the Department of Defense. Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal Cyber Advisor. Sec. 906. Exclusion from limitations on personnel in the Office of the Secretary of Defense and Department of Defense headquarters of fellows appointed under the John S. McCain Defense Fellows Program. Sec. 911. Codification of Assistant Secretaries for Energy, Installations, and Environment of the Army, Navy, and Air Force. Sec. 921. Prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense. Sec. 922. Limitation on consolidation of Defense Media Activity. Sec. 923. Report on resources to implement the civilian casualty policy of the Department of Defense. Sec. 951. Short title. Sec. 952. The Space Force. Sec. 953. Chief of Space Operations. Sec. 954. Space Force Acquisition Council. Sec. 955. Assistant Secretary of Defense for Space Policy. Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 957. Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs. Sec. 958. Conforming amendments and clarification of authorities. Sec. 959. Effects on military installations. Sec. 960. Availability of funds. Sec. 961. Implementation. Sec. 1001. General transfer authority. Sec. 1002. Defense Business Audit Remediation Plan. Sec. 1003. Financial improvement and audit remediation plan. Sec. 1004. Reporting requirements relating to Department of Defense audits. Sec. 1005. Inclusion of certain military construction projects in annual reports on unfunded priorities of the Armed Forces and the combatant commands. Sec. 1006. Prohibition on delegation of responsibility for submittal to Congress of Out-Year Unconstrained Total Munitions Requirements and Out-Year Inventory numbers. Sec. 1007. Annual budget justification display for service-common and other support and enabling capabilities for special operations forces. Sec. 1008. Element in annual reports on the Financial Improvement and Audit Remediation Plan on activities with respect to classified programs. Sec. 1009. Plan of the Department of Defense for financial management information. Sec. 1010. Update of authorities and renaming of Department of Defense Acquisition Workforce Development Fund. Sec. 1011. Transparency of accounting firms used to support Department of Defense audit. Sec. 1012. Modification of required elements of annual reports on emergency and extraordinary expenses of the Department of Defense. Sec. 1021. Modification of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1022. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Sec. 1023. Sense of Congress regarding Department of Defense counterdrug activities in the transit zone and Caribbean basin. Sec. 1024. Assessment of impact of any planned or proposed border wall on volume of illegal narcotics. Sec. 1031. Modification of authority to purchase vessels using funds in National Defense Sealift Fund. Sec. 1032. Use of National Defense Sealift Fund for procurement of two used vessels. Sec. 1033. Transportation by sea of supplies for the Armed Forces and Defense Agencies. Sec. 1034. Senior Technical Authority for each naval vessel class. Sec. 1035. Permanent authority for sustaining operational readiness of littoral combat ships on extended deployment. Sec. 1036. Formal training for shipboard system programs of record. Sec. 1037. Report on shipbuilder training and the defense industrial base. Sec. 1038. Use of competitive procedures for CVN–80 and CVN–81 dual aircraft carrier contract. Sec. 1039. Report on expanding naval vessel maintenance. Sec. 1041. Modification of support of special operations to combat terrorism. Sec. 1042. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1043. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1044. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1045. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1046. Chief Medical Officer at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1047. Independent assessment on gender and countering violent extremism. Sec. 1051. Scheduling of Department of Defense executive aircraft controlled by Secretaries of military departments. Sec. 1052. Explosive ordnance defense disposal program. Sec. 1053. Technical correction and extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense. Sec. 1054. Notification on the provision of defense sensitive support. Sec. 1055. Revision to authorities relating to mail service for members of the Armed Forces and Department of Defense civilians overseas. Sec. 1056. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces. Sec. 1057. Expenditure of funds for Department of Defense intelligence and counterintelligence activities. Sec. 1058. Limitation on use of funds for the inactivation of Army watercraft units. Sec. 1101. Defense Advanced Research Projects Agency personnel management authority. Sec. 1102. Report on the probationary period for Department of Defense employees. Sec. 1103. Civilian personnel management. Sec. 1104. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1106. Performance of civilian functions by military personnel. Sec. 1107. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base. Sec. 1108. Authority to provide additional allowances and benefits for certain Defense Clandestine Service employees. Sec. 1109. Modification of direct hire authorities for the Department of Defense. Sec. 1110. Designating certain FEHBP and FEGLI services provided by Federal employees as excepted services under the Anti-Deficiency Act. Sec. 1111. Continuing supplemental dental and vision benefits and long-term care insurance coverage during a Government shutdown. Sec. 1112. Limitation on transfer of Office of Personnel Management. Sec. 1113. Assessment of Accelerated Promotion Program suspension. Sec. 1114. Reimbursement for Federal, State, and local income taxes incurred during travel, transportation, and relocation. Sec. 1115. Clarification of limitation on expedited hiring authority for post-secondary students. Sec. 1116. Modification of temporary assignments of Department of Defense employees to a private-sector organization. Sec. 1117. Extension of authority for part-time reemployment. Sec. 1121. Short title. Sec. 1122. Prohibition on criminal history inquiries prior to conditional offer for Federal employment. Sec. 1123. Prohibition on criminal history inquiries by contractors prior to conditional offer. Sec. 1124. Report on employment of individuals formerly incarcerated in Federal prisons. Sec. 1131. Short title; definition. Sec. 1132. Hiring of air traffic control specialists. Sec. 1133. Ensuring hiring preference for applicants with experience at an air traffic control facility of the National Guard. Sec. 1134. FAA reports on air traffic controller hiring and training. Sec. 1135. DOT Inspector General review and report. Sec. 1201. Modification of authority to build capacity of foreign security forces. Sec. 1202. Modification and extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1203. Modifications of authorities relating to acquisition and cross-servicing agreements. Sec. 1204. Modification of quarterly report on obligation and expenditure of funds for security cooperation programs and activities. Sec. 1205. Gender perspectives and participation by women in security cooperation activities. Sec. 1206. Plan to provide consistency of administration of authorities relating to vetting of units of security forces of foreign countries; modification of assessment, monitoring, and evaluation of security cooperation programs and activities. Sec. 1207. Extension of authority for support of special operations for irregular warfare. Sec. 1208. Extension and modification of Commanders’ Emergency Response Program and elimination of certain payments to redress injury and loss. Sec. 1209. Two-year extension of program authority for Global Security Contingency Fund. Sec. 1210. Legal institutional capacity building initiative for foreign defense institutions. Sec. 1210A. Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1211. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan. Sec. 1212. Extension and modification of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. Sec. 1213. Authority for certain payments to redress injury and loss. Sec. 1214. Extension and modification of semiannual report on enhancing security and stability in Afghanistan. Sec. 1215. Special Immigrant Visa program reporting requirement. Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations. Sec. 1217. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1218. Support for reconciliation activities led by the Government of Afghanistan. Sec. 1219. Modification and extension of the Afghan Special Immigrant Visa Program. Sec. 1221. Modification of authority and limitation on use of funds to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1222. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1223. Modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1224. Establishing a coordinator for detained ISIS members and relevant displaced populations in Syria. Sec. 1225. Report on lessons learned from efforts to liberate Mosul and Raqqah from control of the Islamic State of Iraq and Syria. Sec. 1226. Expansion of availability of financial assets of Iran to victims of terrorism. Sec. 1227. Report on the status of deconfliction channels with Iran. Sec. 1228. Prohibition on provision of weapons and other forms of support to certain organizations. Sec. 1231. Extension of limitation on military cooperation between the United States and Russia. Sec. 1232. Prohibition on availability of funds relating to sovereignty of Russia over Crimea. Sec. 1233. Sense of Congress on updating and modernizing existing agreements to avert miscalculation between the United States and Russia. Sec. 1234. United States participation in Open Skies Treaty. Sec. 1235. Modifications of briefing, notification, and reporting requirements relating to non-compliance by the Russian Federation with its obligations under the INF Treaty. Sec. 1236. Report on treaties relating to nuclear arms control. Sec. 1237. Reports relating to the New START Treaty. Sec. 1238. Report on military activities of the Russian Federation and the People's Republic of China in the Arctic region. Sec. 1239. Updated strategy to counter the threat of malign influence by the Russian Federation and other countries. Sec. 1241. Sense of Congress on support for the North Atlantic Treaty Organization. Sec. 1242. Prohibition on the use of funds to suspend, terminate, or provide notice of denunciation of the North Atlantic Treaty. Sec. 1243. Future years plans and planning transparency for the European Deterrence Initiative. Sec. 1244. Modification and extension of Ukraine Security Assistance Initiative. Sec. 1245. Limitation on transfer of F–35 aircraft to Turkey. Sec. 1246. Baltic defense assessment; extension and modification of security assistance for Baltic countries for joint program for interoperability and deterrence against aggression. Sec. 1247. Extension of authority for and report on training for Eastern European national security forces in the course of multilateral exercises. Sec. 1248. Extension and modification of NATO Special Operations Headquarters. Sec. 1249. North Atlantic Treaty Organization Joint Force Command. Sec. 1250. Report on North Atlantic Treaty Organization Readiness Initiative. Sec. 1250A. Repeal of prohibition on transfer of articles on the United States munitions list to the Republic of Cyprus. Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative. Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and limitation on use of funds. Sec. 1253. Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies. Sec. 1254. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea. Sec. 1255. Report on direct, indirect, and burden-sharing contributions of Japan and South Korea. Sec. 1256. Sense of Congress on security commitments to the Governments of Japan and the Republic of Korea and trilateral cooperation among the United States, Japan, and the Republic of Korea. Sec. 1257. Sense of Congress on North Korea. Sec. 1258. Statement of policy and sense of Congress on, and strategy to fulfill obligations under, Mutual Defense Treaty with the Republic of the Philippines. Sec. 1259. Report on security cooperation with the Philippine National Police. Sec. 1260. Modification of annual report on military and security developments involving the People’s Republic of China. Sec. 1260A. Report on foreign military activities in Pacific Island countries. Sec. 1260B. Report on cybersecurity activities with Taiwan. Sec. 1260C. Review and report related to the Taiwan Relations Act. Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan defense relationship. Sec. 1260E. Chinese foreign direct investment in countries of the Arctic region. Sec. 1260F. Sense of Congress on policy toward Hong Kong. Sec. 1260G. Sense of Congress on enhancing defense and security cooperation with the Republic of Singapore. Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from entity list of Bureau of Industry and Security. Sec. 1260J. Report on ZTE compliance with Superseding Settlement Agreement and Superseding Order. Sec. 1260K. Report on the lay-down of United States Marines in the Indo-Pacific Region. Sec. 1261. Modification to report on legal and policy frameworks for the use of military force. Sec. 1262. Independent review of sufficiency of resources available to United States Southern Command and United States Africa Command. Sec. 1263. United States Central Command posture assessment and review. Sec. 1264. Limitation on production of nuclear proliferation assessment statements. Sec. 1265. Western Hemisphere resource assessment. Sec. 1266. Human rights in Brazil. Sec. 1267. Certification relating to assistance for Guatemala. Sec. 1268. Independent analysis of human rights situation in Honduras. Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian military to prevent, mitigate, and respond to civilian harm. Sec. 1270. Report on implications of Chinese military presence in Djibouti. Sec. 1271. Rule of construction on the permanent stationing of United States Armed Forces in Somalia. Sec. 1272. Defense and diplomatic strategy for Libya. Sec. 1273. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1274. Report on Saudi-led coalition strikes in Yemen. Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi coalition aircraft conducting missions relating to civil war in Yemen. Sec. 1276. Report on Saudi Arabia’s human rights record. Sec. 1277. Report on intelligence community assessment relating to the killing of Washington Post columnist Jamal Khashoggi. Sec. 1278. United States-Israel cooperation to counter unmanned aerial systems. Sec. 1279. Extension and modification of authority for United States-Israel anti-tunnel cooperation activities. Sec. 1280. Report on cost imposition strategy. Sec. 1281. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1282. Modification of responsibility for policy on civilian casualty matters. Sec. 1283. Report on export of certain satellites to entities with certain beneficial ownership structures. Sec. 1284. Rule of construction relating to the use of military force. Sec. 1285. Reports and briefings on use of military force and support of partner forces. Sec. 1301. Funding allocations; specification of cooperative threat reduction funds. Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. Sec. 1404. Defense inspector general. Sec. 1405. Defense health program. Sec. 1411. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1501. Purpose. Sec. 1502. Treatment as additional authorizations. Sec. 1511. Overseas contingency operations. Sec. 1512. Procurement. Sec. 1513. Research, development, test, and evaluation. Sec. 1514. Operation and maintenance. Sec. 1515. Military personnel. Sec. 1516. Working capital funds. Sec. 1517. Drug interdiction and counter-drug activities, defense-wide. Sec. 1518. Defense inspector general. Sec. 1519. Defense health program. Sec. 1520. Afghanistan security forces fund. Sec. 1520A. Special transfer authority. Sec. 1521. Procurement. Sec. 1522. Research, development, test, and evaluation. Sec. 1523. Operation and maintenance. Sec. 1524. Restriction on transfer of funds authorized by this subtitle. Sec. 1601. Repeal of requirement to establish United States Space Command as a subordinate unified command of the United States Strategic Command. Sec. 1602. Coordination of modernization efforts relating to military-code capable GPS receiver cards. Sec. 1603. Demonstration of backup and complementary positioning, navigation, and timing capabilities of Global Positioning System. Sec. 1604. Annual determination on plan on full integration and exploitation of overhead persistent infrared capability. Sec. 1605. Space-based environmental monitoring mission requirements. Sec. 1606. Resilient enterprise ground architecture. Sec. 1607. Prototype program for multi-global navigation satellite system receiver development. Sec. 1608. Commercial space situational awareness capabilities. Sec. 1609. Program to enhance and improve launch support and infrastructure. Sec. 1610. Preparation to implement plan for use of allied launch vehicles. Sec. 1611. Independent study on plan for deterrence in space. Sec. 1612. Study on leveraging diverse commercial satellite remote sensing capabilities. Sec. 1613. Annual report on Space Command and Control program. Sec. 1614. Report on space debris. Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence as Under Secretary of Defense for Intelligence and Security. Sec. 1622. Modifications to ISR Integration Council and annual briefing requirements. Sec. 1623. Modification of annual authorization of appropriations for National Flagship Language Initiative. Sec. 1624. Improving the onboarding methodology for intelligence personnel. Sec. 1625. Defense Counterintelligence and Security Agency activities on facilitating access to local criminal records historical data. Sec. 1626. Survey and report on alignment of intelligence collections capabilities and activities with Department of Defense requirements. Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense Counterintelligence and Security Agency. Sec. 1628. Report on the expanded purview of the Defense Counterintelligence and Security Agency. Sec. 1629. Termination of requirement for Department of Defense facility access clearances for joint ventures composed of previously-cleared entities. Sec. 1631. Matters relating to military operations in the information environment. Sec. 1632. Notification requirements for sensitive military cyber operations. Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense. Sec. 1634. Quarterly assessments of the readiness of Cyber Mission Forces. Sec. 1635. Cyber posture review. Sec. 1636. Modification of elements of assessment required for termination of dual-hat arrangement for Commander of the United States Cyber Command. Sec. 1637. Modification of cyber scholarship program. Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber incident. Sec. 1639. Extension of the Cyberspace Solarium Commission. Sec. 1640. Authority to use operation and maintenance funds for cyber operations-peculiar capability development projects. Sec. 1641. Role of Chief Information Officer in improving enterprise-wide cybersecurity. Sec. 1642. Notification of delegation of authorities to the Secretary of Defense for military operations in cyberspace. Sec. 1643. Limitation of funding for Consolidated Afloat Networks and Enterprise Services. Sec. 1644. Annual military cyberspace operations report. Sec. 1645. Annual report on cyber attacks and intrusions against the Department of Defense by certain foreign entities. Sec. 1646. Control and analysis of Department of Defense data stolen through cyberspace. Sec. 1647. Use of National Security Agency cybersecurity expertise to support evaluation of commercial cybersecurity products. Sec. 1648. Framework to enhance cybersecurity of the United States defense industrial base. Sec. 1649. Report on cybersecurity training programs. Sec. 1650. National Security Presidential Memorandums relating to Department of Defense operations in cyberspace. Sec. 1651. Reorientation of Big Data Platform program. Sec. 1652. Zero-based review of Department of Defense cyber and information technology personnel. Sec. 1653. Study on improving cyber career paths in the Navy. Sec. 1654. Accreditation standards and processes for cybersecurity and information technology products and services. Sec. 1655. Study on future cyber warfighting capabilities of Department of Defense. Sec. 1656. Study to determine the optimal strategy for structuring and manning elements of the Joint Force Headquarters–Cyber Organizations, Joint Mission Operations Centers, and Cyber Operations–Integrated Planning Elements. Sec. 1657. Cyber governance structures and Principal Cyber Advisors on military cyber force matters. Sec. 1658. Designation of test networks for testing and accreditation of cybersecurity products and services. Sec. 1659. Consortia of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1660. Joint assessment of Department of Defense cyber red team capabilities, capacity, demand, and requirements. Sec. 1661. Conforming amendment to Council on Oversight of the National Leadership Command, Control, and Communications System. Sec. 1662. Modification of authorities relating to nuclear command, control, and communications system. Sec. 1663. Briefings on meetings held by Nuclear Weapons Council. Sec. 1664. Consideration of budget matters at meetings of Nuclear Weapons Council. Sec. 1665. Improvement to annual report on the modernization of the nuclear weapons enterprise. Sec. 1666. Expansion of officials required to conduct biennial assessments of delivery platforms for nuclear weapons and nuclear command and control system. Sec. 1667. Extension of annual briefing on costs of forward-deploying nuclear weapons in Europe. Sec. 1668. Elimination of conventional requirement for long-range standoff weapon. Sec. 1669. Briefing on long-range standoff weapon and sea-launched cruise missile. Sec. 1670. Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile. Sec. 1671. Reports on development of ground-based strategic deterrent weapon. Sec. 1672. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1673. Independent study on policy of no-first-use of nuclear weapons. Sec. 1674. Independent study on risks of nuclear terrorism and nuclear war. Sec. 1675. Report on military-to-military dialogue to reduce risks of miscalculation leading to nuclear war. Sec. 1676. Report on nuclear forces of the United States and near-peer countries. Sec. 1677. Report on operation of conventional forces of military departments under employment or threat of employment of nuclear weapons. Sec. 1678. Report on operation of conventional forces of certain combatant commands under employment or threat of employment of nuclear weapons. Sec. 1679. Briefings on plan for future-systems-level architecture of nuclear command, control, and communications systems. Sec. 1680. Sense of Congress on nuclear deterrence commitments of the United States. Sec. 1681. National missile defense policy. Sec. 1682. Development of space-based ballistic missile intercept layer. Sec. 1683. Development of hypersonic and ballistic missile tracking space sensor payload. Sec. 1684. Modifications to required testing by Missile Defense Agency of ground-based midcourse defense element of ballistic missile defense system. Sec. 1685. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1686. Limitation on availability of funds for lower tier air and missile defense sensor. Sec. 1687. Plan for the redesigned kill vehicle replacement. Sec. 1688. Organization, authorities, and billets of the Missile Defense Agency. Sec. 1689. Annual assessment of ballistic missile defense system. Sec. 1690. Command and control, battle management, and communications program. Sec. 1691. Missile defense interceptor site in contiguous United States. Sec. 1692. Independent study on impacts of missile defense development and deployment. Sec. 1693. Report and briefing on multi-volume kill capability. Sec. 1694. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1695. Repeal of requirement for commission on electromagnetic pulse attacks and similar events. Sec. 1696. Repeal of review requirement for ammonium perchlorate report. Sec. 1697. Transferability of conventional prompt global strike weapon system technologies to surface-launched platforms. Sec. 1698. Prohibition on availability of funds for certain offensive ground-launched ballistic or cruise missile systems. Sec. 1699. Hard and deeply buried targets. Sec. 1701. Modification of annual reporting requirements on defense manpower. Sec. 1702. Termination of requirement for submittal to Congress of certain recurring reports. Sec. 1703. Modification of annual report on civilian casualties in connection with United States military operations. Sec. 1704. Extension of requirement for briefings on the national biodefense strategy. Sec. 1705. Authorization of appropriations for title III of the Defense Production Act of 1950. Sec. 1706. Report on the Department of Defense plan for mass-casualty disaster response operations in the Arctic. Sec. 1707. Transmittal to Congress of requests for assistance from other departments of the Federal Government that are approved by the Department of Defense. Sec. 1708. Report and briefing on implementation of national defense strategy. Sec. 1709. Actions to increase analytic support. Sec. 1710. Inclusion of certain individuals investigated by Inspectors General in the semiannual report. Sec. 1711. Annual report on Joint Military Information Support Operations Web Operations Center. Sec. 1712. Mobility capability requirements study. Sec. 1713. Assessment of special operations force structure. Sec. 1714. Army aviation strategic plan and modernization roadmap. Sec. 1715. Report on ground-based long-range artillery to counter land and maritime threats. Sec. 1716. Independent review of transportation working-capital fund. Sec. 1717. Geographic command risk assessment of proposed use of certain aircraft capabilities. Sec. 1718. Report on backlog of personnel security clearance adjudications. Sec. 1719. Report regarding outstanding Government Accountability Office recommendations. Sec. 1720. Report on National Guard and United States Northern Command capacity to meet homeland defense and security incidents. Sec. 1721. Assessment of standards, processes, procedures, and policy relating to civilian casualties. Sec. 1722. Report on transfers of equipment to prohibited entities. Sec. 1723. Annual report on strikes undertaken by the United States against terrorist targets outside areas of active hostilities. Sec. 1724. Review and assessment of mitigation of military helicopter noise. Sec. 1731. Technical, conforming, and clerical amendments. Sec. 1732. Establishment of lead Inspector General for an overseas contingency operation based on Secretary of Defense notification. Sec. 1733. Clarification of authority of Inspectors General for overseas contingency operations. Sec. 1734. Employment status of annuitants for Inspectors General for overseas contingency operations. Sec. 1735. Extension of National Security Commission on Artificial Intelligence. Sec. 1736. Exemption from calculation of monthly income, for purposes of bankruptcy laws, of certain payments from the Department of Veterans Affairs and the Department of Defense. Sec. 1737. Extension of postage stamp for breast cancer research. Sec. 1738. National Commission on Military Aviation Safety. Sec. 1739. Guarantee of residency for spouses of members of the uniformed services. Sec. 1740. Electromagnetic pulses and geomagnetic disturbances. Sec. 1741. Improvements to Manufacturing USA Program. Sec. 1742. Regional innovation program. Sec. 1743. Aviation workforce development. Sec. 1744. Oversight of Department of Defense execute orders. Sec. 1745. Processes and procedures for notifications regarding special operations forces. Sec. 1746. Securing American science and technology. Sec. 1747. Standardized policy guidance for calculating aircraft operation and sustainment costs. Sec. 1748. Special Federal Aviation Regulation Working Group. Sec. 1749. Prohibition on names related to the Confederacy. Sec. 1750. Support for National Maritime Heritage Grants program. Sec. 1751. Support for world language advancement and readiness. Sec. 1752. Designation of Department of Defense strategic Arctic ports. Sec. 1753. Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure . Sec. 1754. Comprehensive Department of Defense policy on collective self-defense. Sec. 1755. Policy regarding the transition of data and applications to the cloud. Sec. 1756. Integrated public alert and warning system. Sec. 1757. Improving quality of information in background investigation request packages. Sec. 1758. Parole in place for members of the Armed Forces and certain military dependents. Sec. 1759. Report on reducing the backlog in legally required historical declassification obligations of the Department of Defense. Sec. 1760. Military type certification for light attack experimentation aircraft. Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2019 projects. Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2017 project. Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authorities to carry out phased Joint Intelligence Analysis Complex consolidation. Sec. 2306. Modification of authority to carry out certain fiscal year 2016 project. Sec. 2307. Modification of authority to carry out certain fiscal year 2017 project. Sec. 2308. Modification of authority to carry out certain fiscal year 2018 projects. Sec. 2309. Modification of authority to carry out certain fiscal year 2019 projects. Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Sec. 2511. Republic of Korea funded construction projects. Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. Sec. 2801. Military installation resilience plans and projects. Sec. 2802. Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes. Sec. 2803. Increased authority for use of certain appropriations amounts for restoration or replacement of damaged or destroyed facilities. Sec. 2804. Amendment of Unified Facilities Criteria to promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience. Sec. 2805. Modification to Department of Defense Form 1391 regarding consideration of potential long-term adverse environmental effects. Sec. 2806. Improved flood risk disclosure for military construction. Sec. 2807. Prioritization of projects in annual report on unfunded requirements for laboratory military construction projects. Sec. 2808. Technical corrections and improvements to defense access road resilience. Sec. 2809. Military construction projects for child development centers at military installations. Sec. 2810. Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack. Sec. 2811. Prohibition on use of funds to close or return certain bases to the host nation. Sec. 2821. Improved energy security for main operating bases in Europe. Sec. 2822. Access to Department of Defense installations for credentialed transportation workers. Sec. 2823. Improved recording and maintaining of Department of Defense real property data. Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah. Sec. 2832. Release of interests retained in Camp Joseph T. Robinson, Arkansas, for use of such land as a veterans cemetery. Sec. 2833. Modification of authorized uses of certain property conveyed by the United States in Los Angeles, California. Sec. 2834. Transfer of administrative jurisdiction over certain parcels of Federal land in Arlington, Virginia. Sec. 2841. Public notice regarding upcoming periods of Secretary of the Navy management of Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area. Sec. 2851. White Sands Missile Range Land Enhancements. Sec. 2861. Installation and maintenance of fire extinguishers in Department of Defense facilities. Sec. 2862. Definition of community infrastructure for purposes of military base reuse studies and community planning assistance. Sec. 2863. Temporary authority for acceptance and use of contributions for certain design and construction projects mutually beneficial to the Department of Defense and the Republic of Korea. Sec. 2864. Black start exercises at military installations. Sec. 2865. Pilot program to extend service life of roads and runways under the jurisdiction of the Secretary of Defense. Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar System receiving station, Modoc County, California. Sec. 2867. Designation of Sumpter Smith Joint National Guard Base. Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation. Sec. 2869. Lands to be taken into trust as part of the reservation of the Lytton Rancheria. Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana. Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base. Sec. 2901. Authorized Army construction and land acquisition projects. Sec. 2902. Authorized Navy construction and land acquisition projects. Sec. 2903. Authorized Air Force construction and land acquisition projects. Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. Sec. 2905. Authorization of appropriations. Sec. 2911. Authorization of emergency Navy construction and land acquisition projects. Sec. 2912. Authorization of emergency Air Force construction and land acquisition projects. Sec. 2913. Authorization of emergency Army National Guard construction and land acquisition projects. Sec. 2914. Authorization of emergency Defense Agencies construction and land acquisition projects. Sec. 2915. Authorization of emergency supplemental appropriations for military construction projects. Sec. 3001. Definitions. Sec. 3011. Improved accountability and oversight of privatized military housing and protections and responsibilities for tenants of privatized military housing. Sec. 3012. Designation of Chief Housing Officer for privatized military housing. Sec. 3013. Additional requirements relating to contracts for privatized military housing. Sec. 3014. Additional requirements relating to management of privatized military housing. Sec. 3015. Consideration of contractor history in contracts for privatized military housing. Sec. 3016. Additional improvements for management of privatized military housing. Sec. 3017. Maintenance work order system for privatized military housing. Sec. 3018. Access by tenants of privatized military housing to maintenance work order system. Sec. 3019. Access by tenants to historical maintenance information for privatized military housing. Sec. 3020. Prohibition on requirement to disclose personally identifiable information in certain requests for maintenance of privatized military housing. Sec. 3021. Treatment of incentive fees for landlords of privatized military housing for failure to remedy a health or environmental hazard. Sec. 3022. Dispute resolution process for landlord-tenant disputes regarding privatized military housing and requests to withhold payments during dispute resolution process. Sec. 3023. Investigation of reports of reprisals relating to privatized military housing and congressional notification. Sec. 3024. Prohibition on use of nondisclosure agreements in connection with leases of privatized military housing. Sec. 3031. Installation of carbon monoxide detectors in military family housing. Sec. 3032. Authority to furnish certain services in connection with use of alternative authority for acquisition and improvement of military housing. Sec. 3033. Treatment of breach of contract for privatized military housing. Sec. 3034. Modification to requirements for window fall prevention devices in military family housing units. Sec. 3035. Expansion of direct hire authority for Department of Defense for childcare services providers for Department child development centers to include direct hire authority for installation military housing office personnel. Sec. 3036. Modification of authority to make payments to lessors of privatized military housing. Sec. 3037. Technical correction to definition used to make payments to lessors of privatized military housing. Sec. 3041. Report on civilian personnel shortages for appropriate oversight of management of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing. Sec. 3042. Plans for creation of councils on privatized military housing. Sec. 3043. Plan for establishment of Department of Defense jurisdiction over off-base privatized military housing. Sec. 3044. Inspector General review of Department of Defense oversight of privatized military housing. Sec. 3045. Information on legal services provided to members of the Armed Forces harmed by health or environmental hazards at military housing. Sec. 3051. Uniform code of basic standards for privatized military housing and plan to conduct inspections and assessments. Sec. 3052. Tool for assessment of hazards in Department of Defense housing. Sec. 3053. Process to identify and address environmental health hazards in Department of Defense housing. Sec. 3054. Department of Defense policy on lead-based paint testing on military installations. Sec. 3055. Standard for minimum credentials for health and environmental inspectors of privatized military housing. Sec. 3056. Requirements relating to move-in, move-out, and maintenance of privatized military housing. Sec. 3057. Standardized documentation, templates, and forms for privatized military housing. Sec. 3058. Satisfaction survey for tenants of military housing. Sec. 3061. Radon testing of privatized military housing. Sec. 3062. Mitigation of risks posed by certain items in military family housing units. Sec. 3063. Suspension of Resident Energy Conservation Program and related programs for privatized military housing. Sec. 3064. Department of the Army pilot program to build and monitor use of single family homes. Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Sec. 3111. Personnel matters at National Nuclear Security Administration. Sec. 3112. Estimation of costs of meeting defense environmental cleanup milestones required by consent orders. Sec. 3113. Office of Cost Estimating and Program Evaluation. Sec. 3114. Clarification of certain Stockpile Responsiveness Program objectives. Sec. 3115. Elimination of limitation on availability of funds relating to submission of annual reports on unfunded priorities. Sec. 3116. Modification to certain requirements relating to plutonium pit production capacity. Sec. 3117. Annual certification of shipments to Waste Isolation Pilot Plant. Sec. 3118. Extension and modification of pilot program on unavailability for overhead costs of amounts specified for laboratory-directed research and development. Sec. 3119. Modification to limitation on availability of funds for acceleration of nuclear weapons dismantlement. Sec. 3120. Implementation of common financial reporting system for nuclear security enterprise. Sec. 3121. Limitation relating to reclassification of high-level waste. Sec. 3122. National Laboratory Jobs ACCESS Program. Sec. 3131. Civil penalties for violations of certain whistleblower protections. Sec. 3132. Repeal of assessments of adequacy of budget requests relating to nuclear weapons stockpile. Sec. 3133. Repeal of requirement for review relating to enhanced procurement authority. Sec. 3134. Improvements to Energy Employees Occupational Illness Compensation Program Act of 2000. Sec. 3135. Replacement of W78 warhead. Sec. 3136. Independent review of capabilities for detection, verification, and monitoring of nuclear weapons and fissile material. Sec. 3137. Assessment of high energy density physics. Sec. 3138. Determination of effect of treaty obligations with respect to producing tritium. Sec. 3139. Technical corrections to National Nuclear Security Administration Act and Atomic Energy Defense Act. Sec. 3201. Authorization. Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board. Sec. 3203. Membership of Defense Nuclear Facilities Safety Board. Sec. 3401. Authorization of appropriations. Sec. 3501. Authorization of the Maritime Administration. Sec. 3502. Reauthorization of Maritime Security Program. Sec. 3503. Maritime technical assistance program. Sec. 3504. Appointment of candidates attending sponsored preparatory school. Sec. 3505. General support program. Sec. 3506. Improvements to the maritime guaranteed loan program. Sec. 3507. Requirement for small shipyard grantees. Sec. 3508. Salvage recoveries of cargoes. Sec. 3509. Salvage recoveries for subrogated ownership of vessels and cargoes. Sec. 3510. Maritime Occupational Safety and Health Advisory Committee. Sec. 3511. Military to mariner. Sec. 3512. Department of Transportation Inspector General Report. Sec. 3513. Independent study on the United States Merchant Marine Academy. Sec. 3514. Port operations, research, and technology. Sec. 3515. Assessment and report on strategic seaports. Sec. 3516. Technical corrections. Sec. 3517. United States Merchant Marine Academy sexual assault prevention and response program. Sec. 3518. Report on vessels for emerging offshore energy infrastructure. Sec. 3519. Report on United States flagged fuel tanker vessel capacity. Sec. 3521. Establishment of Cable Security Fleet. Sec. 3531. Short titles. Sec. 3532. Definitions. Sec. 3533. Purposes. Sec. 3534. Statement of policy. Sec. 3541. Coordination with international organizations. Sec. 3542. Engagement of diplomatic missions of the United States. Sec. 3543. Assistance by Federal agencies to improve law enforcement within priority regions and priority flag states. Sec. 3544. Expansion of existing mechanisms to combat IUU fishing. Sec. 3545. Improvement of transparency and traceability programs. Sec. 3546. Technology programs. Sec. 3547. Savings clause. Sec. 3551. Interagency Working Group on IUU Fishing. Sec. 3552. Strategic plan. Sec. 3553. Reports. Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group. Sec. 3561. Finding. Sec. 3562. Adding the Secretary of Commerce to the Interagency Task Force to Monitor and Combat Trafficking. Sec. 3563. Human trafficking in the seafood supply chain report. Sec. 3571. Authorization of appropriations. Sec. 3572. Accounting of funds. Sec. 4001. Authorization of amounts in funding tables. Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. Sec. 4103. Procurement for emergency requirements. Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. Sec. 4203. Research, development, test, and evaluation for emergency requirements. Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. Sec. 4303. Operation and maintenance for emergency requirements. Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. Sec. 4601. Military construction. Sec. 4602. Military construction for overseas contingency operations. Sec. 4603. Military construction for emergency requirements. Sec. 4701. Department of Energy national security programs. Sec. 5001. Short title. Sec. 5002. Subdivisions and table of contents. Sec. 5003. Definitions. Sec. 5100. Table of contents. Sec. 5101. Authorization of appropriations. Sec. 5102. Classified schedule of authorizations. Sec. 5103. Intelligence community management account. Sec. 5201. Authorization of appropriations. Sec. 5301. Restriction on conduct of intelligence activities. Sec. 5302. Increase in employee compensation and benefits authorized by law. Sec. 5303. Expansion of scope of protections for identities of covert agents. Sec. 5304. Required counterintelligence assessments, briefings, notifications, and reports. Sec. 5305. Inclusion of security risks in program management plans required for acquisition of major systems in National Intelligence Program. Sec. 5306. Intelligence community public-private talent exchange. Sec. 5307. Assessment of contracting practices to identify certain security and counterintelligence concerns. Sec. 5321. Establishment of Climate Security Advisory Council. Sec. 5322. Foreign Malign Influence Response Center. Sec. 5323. Encouragement of cooperative actions to detect and counter foreign influence operations. Sec. 5324. Transfer of National Intelligence University to the Office of the Director of National Intelligence. Sec. 5331. Definitions. Sec. 5332. Inspector General external review panel. Sec. 5333. Harmonization of whistleblower processes and procedures. Sec. 5334. Oversight by Inspector General of the Intelligence Community over intelligence community whistleblower matters. Sec. 5335. Report on cleared whistleblower attorneys. Sec. 5341. Clarification of certain authority of the Central Intelligence Agency. Sec. 5401. Improving visibility into the security clearance process. Sec. 5402. Making certain policies and execution plans relating to personnel clearances available to industry partners. Sec. 5501. Annual reports on influence operations and campaigns in the United States by the Russian Federation. Sec. 5502. Assessment of legitimate and illegitimate financial and other assets of Vladimir Putin. Sec. 5503. Assessments of intentions of political leadership of the Russian Federation. Sec. 5511. Annual reports on influence operations and campaigns in the United States by the Communist Party of China. Sec. 5512. Report on repression of ethnic Muslim minorities in the Xinjiang region of the People’s Republic of China. Sec. 5513. Report on efforts by People’s Republic of China to influence election in Taiwan. Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and Lebanon. Sec. 5522. Assessments regarding the Northern Triangle and Mexico. Sec. 5601. Definitions. Sec. 5602. Strategic intelligence assessment of and reports on domestic terrorism. Sec. 5701. Modification of requirements for submission to Congress of certain reports. Sec. 5702. Increased transparency regarding counterterrorism budget of the United States. Sec. 5703. Study on role of retired and former personnel of intelligence community with respect to certain foreign intelligence operations. Sec. 5704. Collection, analysis, and dissemination of workforce data. Sec. 5705. Plan for strengthening the supply chain intelligence function. Sec. 5706. Comprehensive economic assessment of investment in key United States technologies by companies or organizations linked to China. Sec. 5707. Report by Director of National Intelligence on fifth-generation wireless network technology. Sec. 5708. Report on use by intelligence community of facial recognition technology. Sec. 5709. Report on deepfake technology, foreign weaponization of deepfakes, and related notifications. Sec. 5710. Annual report by Comptroller General of the United States on cybersecurity and surveillance threats to Congress. Sec. 5711. Analysis of and periodic briefings on major initiatives of intelligence community in artificial intelligence and machine learning. Sec. 5712. Report on best practices to protect privacy and civil liberties of Chinese Americans. Sec. 5713. Oversight of foreign influence in academia. Sec. 5714. Report on death of Jamal Khashoggi. Sec. 5715. Report on terrorist screening database. Sec. 5716. Report containing threat assessment on terrorist use of conventional and advanced conventional weapons. Sec. 5717. Assessment of homeland security vulnerabilities associated with certain retired and former personnel of the intelligence community. Sec. 5718. Study on feasibility and advisability of establishing Geospatial-Intelligence Museum and learning center. Sec. 5721. Whistleblower disclosures to Congress and committees of Congress. Sec. 5722. Task force on illicit financing of espionage and foreign influence operations. Sec. 5723. Establishment of fifth-generation technology prize competition. Sec. 5724. Establishment of deepfakes prize competition. Sec. 5725. Identification of and countermeasures against certain International Mobile Subscriber Identity-catchers. Sec. 5726. Securing energy infrastructure. Sec. 6100. Table of contents. Sec. 6101. Authorization of appropriations. Sec. 6102. Intelligence Community Management Account. Sec. 6201. Authorization of appropriations. Sec. 6202. Computation of annuities for employees of the Central Intelligence Agency. Sec. 6301. Restriction on conduct of intelligence activities. Sec. 6302. Increase in employee compensation and benefits authorized by law. Sec. 6303. Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay authority for cyber positions. Sec. 6304. Modification of appointment of Chief Information Officer of the Intelligence Community. Sec. 6305. Director of National Intelligence review of placement of positions within the intelligence community on the Executive Schedule. Sec. 6306. Supply Chain and Counterintelligence Risk Management Task Force. Sec. 6307. Consideration of adversarial telecommunications and cybersecurity infrastructure when sharing intelligence with foreign governments and entities. Sec. 6308. Cyber protection support for the personnel of the intelligence community in positions highly vulnerable to cyber attack. Sec. 6309. Elimination of sunset of authority relating to management of supply-chain risk. Sec. 6310. Limitations on determinations regarding certain security classifications. Sec. 6311. Joint Intelligence Community Council. Sec. 6312. Intelligence community information technology environment. Sec. 6313. Report on development of secure mobile voice solution for intelligence community. Sec. 6314. Policy on minimum insider threat standards. Sec. 6315. Submission of intelligence community policies. Sec. 6316. Expansion of intelligence community recruitment efforts. Sec. 6401. Authority for protection of current and former employees of the Office of the Director of National Intelligence. Sec. 6402. Designation of the program manager-information-sharing environment. Sec. 6403. Technical modification to the executive schedule. Sec. 6404. Chief Financial Officer of the Intelligence Community. Sec. 6405. Chief Information Officer of the Intelligence Community. Sec. 6411. Central Intelligence Agency subsistence for personnel assigned to austere locations. Sec. 6412. Special rules for certain monthly workers’ compensation payments and other payments for Central Intelligence Agency personnel. Sec. 6413. Expansion of security protective service jurisdiction of the Central Intelligence Agency. Sec. 6414. Repeal of foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency. Sec. 6421. Consolidation of Department of Energy Offices of Intelligence and Counterintelligence. Sec. 6422. Repeal of Department of Energy Intelligence Executive Committee and budget reporting requirement. Sec. 6431. Plan for designation of counterintelligence component of Defense Security Service as an element of intelligence community. Sec. 6432. Notice not required for private entities. Sec. 6433. Establishment of advisory board for National Reconnaissance Office. Sec. 6434. Collocation of certain Department of Homeland Security personnel at field locations. Sec. 6501. Report on cyber attacks by foreign governments against United States election infrastructure. Sec. 6502. Review of intelligence community's posture to collect against and analyze Russian efforts to influence the Presidential election. Sec. 6503. Assessment of foreign intelligence threats to Federal elections. Sec. 6504. Strategy for countering Russian cyber threats to United States elections. Sec. 6505. Assessment of significant Russian influence campaigns directed at foreign elections and referenda. Sec. 6506. Information sharing with State election officials. Sec. 6507. Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices. Sec. 6508. Designation of counterintelligence officer to lead election security matters. Sec. 6601. Definitions. Sec. 6602. Reports and plans relating to security clearances and background investigations. Sec. 6603. Improving the process for security clearances. Sec. 6604. Goals for promptness of determinations regarding security clearances. Sec. 6605. Security Executive Agent. Sec. 6606. Report on unified, simplified, Governmentwide standards for positions of trust and security clearances. Sec. 6607. Report on clearance in person concept. Sec. 6608. Reports on reciprocity for security clearances inside of departments and agencies. Sec. 6609. Intelligence community reports on security clearances. Sec. 6610. Periodic report on positions in the intelligence community that can be conducted without access to classified information, networks, or facilities. Sec. 6611. Information-sharing program for positions of trust and security clearances. Sec. 6612. Report on protections for confidentiality of whistleblower-related communications. Sec. 6613. Reports on costs of security clearance background investigations. Sec. 6701. Limitation relating to establishment or support of cybersecurity unit with the Russian Federation. Sec. 6702. Assessment of threat finance relating to Russia. Sec. 6703. Notification of an active measures campaign. Sec. 6704. Notification of travel by accredited diplomatic and consular personnel of the Russian Federation in the United States. Sec. 6705. Report and annual briefing on Iranian expenditures supporting foreign military and terrorist activities. Sec. 6706. Expansion of scope of committee to counter active measures. Sec. 6711. Technical correction to Inspector General study. Sec. 6712. Reports on authorities of the Chief Intelligence Officer of the Department of Homeland Security. Sec. 6713. Review of intelligence community whistleblower matters. Sec. 6714. Report on role of Director of National Intelligence with respect to certain foreign investments. Sec. 6715. Report on surveillance by foreign governments against United States telecommunications networks. Sec. 6716. Biennial report on foreign investment risks. Sec. 6717. Modification of certain reporting requirement on travel of foreign diplomats. Sec. 6718. Semiannual reports on investigations of unauthorized disclosures of classified information. Sec. 6719. Congressional notification of designation of covered intelligence officer as persona non grata. Sec. 6720. Reports on intelligence community participation in vulnerabilities equities process of Federal Government. Sec. 6721. Inspectors General reports on classification. Sec. 6722. Reports and briefings on national security effects of global water insecurity and emerging infectious disease and pandemics. Sec. 6723. Annual report on memoranda of understanding between elements of intelligence community and other entities of the United States Government regarding significant operational activities or policy. Sec. 6724. Study on the feasibility of encrypting unclassified wireline and wireless telephone calls. Sec. 6725. Reports on intelligence community loan repayment and related programs. Sec. 6726. Repeal of certain reporting requirements. Sec. 6727. Inspector General of the Intelligence Community report on senior executives of the Office of the Director of National Intelligence. Sec. 6728. Briefing on Federal Bureau of Investigation offering permanent residence to sources and cooperators. Sec. 6729. Intelligence assessment of North Korea revenue sources. Sec. 6730. Report on possible exploitation of virtual currencies by terrorist actors. Sec. 6741. Public Interest Declassification Board. Sec. 6742. Technical and clerical amendments to the National Security Act of 1947. Sec. 6743. Bug bounty programs. Sec. 6744. Technical amendments related to the Department of Energy. Sec. 6745. Sense of Congress on notification of certain disclosures of classified information. Sec. 6746. Sense of Congress on consideration of espionage activities when considering whether or not to provide visas to foreign individuals to be accredited to a United Nations mission in the United States. Sec. 6747. Sense of Congress on WikiLeaks. Sec. 7101. Short title. Sec. 7111. Sense of Congress. Sec. 7112. Definitions. Sec. 7121. Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons. Sec. 7122. Mandatory designations under North Korea Sanctions and Policy Enhancement Act of 2016. Sec. 7123. Extension of applicability period of proliferation prevention sanctions. Sec. 7124. Opposition to assistance by the international financial institutions. Sec. 7125. Support for capacity of the International Monetary Fund to prevent money laundering and financing of terrorism. Sec. 7126. Report and briefings on compliance, penalties, and technical assistance. Sec. 7127. Sense of Congress on identification and blocking of property of North Korean officials. Sec. 7128. Modification of report on implementation of United Nations Security Council resolutions by other governments. Sec. 7129. Report on use by the Government of North Korea of beneficial ownership rules to access the international financial system. Sec. 7131. Notification of termination or suspension of sanctions. Sec. 7132. Reports on certain licensing actions. Sec. 7133. Report and briefings on financial networks and financial methods of the Government of North Korea. Sec. 7134. Report on countries of concern with respect to transshipment, reexportation, or diversion of certain items to North Korea. Sec. 7141. Rulemaking. Sec. 7142. Authority to consolidate reports. Sec. 7143. Waivers, exemptions, and termination. Sec. 7144. Procedures for review of classified and certain other information. Sec. 7145. Briefing on resourcing of sanctions programs. Sec. 7146. Briefing on proliferation financing. Sec. 7147. Exception relating to importation of goods. Sec. 7151. Short title. Sec. 7152. Sense of Congress. Sec. 7153. Coordination of human trafficking issues by the Office of Terrorism and Financial Intelligence. Sec. 7154. Strengthening the role of anti-money laundering and other financial tools in combating human trafficking. Sec. 7155. Sense of Congress on resources to combat human trafficking. Sec. 7201. Short title. Sec. 7202. Sense of Congress. Sec. 7203. Definitions. Sec. 7211. Identification of foreign opioid traffickers. Sec. 7212. Imposition of sanctions. Sec. 7213. Description of sanctions. Sec. 7214. Waivers. Sec. 7215. Procedures for judicial review of classified information. Sec. 7216. Briefings on implementation. Sec. 7217. Inclusion of additional material in International Narcotics Control Strategy Report. Sec. 7221. Commission on combating synthetic opioid trafficking. Sec. 7231. Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers. Sec. 7232. Authorization of appropriations. Sec. 7233. Regulatory authority. Sec. 7234. Termination. Sec. 7235. Exception relating to importation of goods. Sec. 7301. Short title. Sec. 7302. Definition of Administrator. Sec. 7311. Monitoring and detection. Sec. 7312. Drinking water state revolving funds. Sec. 7321. Additions to toxics release inventory. Sec. 7331. Definitions. Sec. 7332. Performance standard for the detection of highly fluorinated compounds. Sec. 7333. Nationwide sampling. Sec. 7334. Data usage. Sec. 7335. Collaboration. Sec. 7341. Definitions. Sec. 7342. Research and coordination plan for enhanced response on emerging contaminants. Sec. 7351. PFAS data call. Sec. 7352. Significant new use rule for long-chain PFAS. Sec. 7361. PFAS destruction and disposal guidance. Sec. 7362. PFAS research and development. Sec. 7401. Short title. Sec. 7402. Statement of policy. Sec. 7411. Measures with respect to Central Bank of Syria. Sec. 7412. Sanctions with respect to foreign persons that engage in certain transactions. Sec. 7413. Strategy relating to areas of Syria in which civilians are subject to forced displacement. Sec. 7421. Sense of Congress. Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance programs in Syria and to the Syrian people. Sec. 7423. Assessment of potential methods to enhance the protection of civilians. Sec. 7424. Assistance to support entities taking actions relating to gathering evidence for investigations into war crimes or crimes against humanity in Syria since March 2011. Sec. 7425. Codification of certain services in support of nongovernmental organizations’ activities authorized. Sec. 7426. Briefing on strategy to facilitate humanitarian assistance. Sec. 7431. Suspension of sanctions. Sec. 7432. Waivers and exemptions. Sec. 7433. Implementation and regulatory authorities. Sec. 7434. Exception relating to importation of goods. Sec. 7435. Cost limitation. Sec. 7436. Rule of construction. Sec. 7437. Prohibition on construction of provisions of this title as an authorization for use of military force. Sec. 7438. Sunset. Sec. 7501. Short title. Sec. 7502. Sense of Congress. Sec. 7503. Imposition of sanctions with respect to provision of certain vessels for the construction of certain Russian energy export pipelines. Sec. 7601. Short title. Sec. 7602. Paid parental leave under title 5. Sec. 7603. Paid parental leave for congressional employees. Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO and Library of Congress employees. Sec. 7605. Clarification for members of the National Guard and Reserves. Sec. 7606. Conforming amendment for certain TSA employees. Sec. 7611. Liberian refugee immigration fairness. Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma. Sec. 7613. Limitation on certain rolling stock procurements; cybersecurity certification for rail rolling stock and operations. In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code. The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. Sec. 101. Authorization of appropriations. Sec. 111. Authority of the Secretary of the Army to waive certain limitations related to the Distributed Common Ground System-Army Increment 1. Sec. 121. Ford-class aircraft carrier cost limitation baselines. Sec. 122. Modification of annual report on cost targets for certain aircraft carriers. Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S. Harry S. Truman. Sec. 124. Ford class aircraft carrier support for F–35C aircraft. Sec. 125. Prohibition on use of funds for reduction of aircraft carrier force structure. Sec. 126. Modification of prohibition on availability of funds for Navy waterborne security barriers. Sec. 127. LHA Replacement Amphibious Assault Ship Program. Sec. 128. Strategic sealift fleet vessel. Sec. 129. Design and construction of amphibious transport dock designated LPD–31. Sec. 130. Limitation on availability of funds for the Littoral Combat Ship. Sec. 131. Limitation on the next new class of Navy large surface combatants. Sec. 132. Limitation on availability of funds pending quarterly updates on the CH–53K King Stallion helicopter program. Sec. 133. Limitation on availability of funds for VH–92A helicopter. Sec. 134. Report on carrier wing and aviation combat element composition. Sec. 141. Modification of requirement to preserve certain C–5 aircraft. Sec. 142. OC–135B aircraft recapitalization program. Sec. 143. Requirement to align Air Force aviation force structure with National Defense Strategy. Sec. 144. Prohibition on availability of funds for reduction in KC–10 primary mission aircraft inventory. Sec. 145. Limitation on availability of funds for F–15EX aircraft. Sec. 146. Limitation on availability of funds for VC–25B aircraft. Sec. 147. Limitation on availability of funds for RC–26B aircraft. Sec. 148. Limitation on availability of funds for retirement of RC–135 aircraft. Sec. 149. Air Force aggressor squadron modernization. Sec. 150. Air Force plan for Combat Rescue Helicopter fielding. Sec. 151. Report on feasibility of multiyear contract for procurement of JASSM–ER missiles. Sec. 152. Report on aircraft fleet of the Civil Air Patrol. Sec. 153. Sense of Congress on the light attack aircraft initiative of the Air Force. Sec. 161. Economic order quantity contracting and buy-to-budget acquisition for F–35 aircraft program. Sec. 162. Relief from contractors for failure to deliver ready-for-issue spare parts for the F–35 aircraft program. Sec. 163. Limitation on availability of funds for reallocation of Turkish F–35A aircraft to the United States. Sec. 164. Requirement to establish the use of an Agile DevOps software development solution as an alternative for Joint Strike Fighter Autonomic Logistics Information System. Sec. 165. F–35 sustainment cost. Sec. 166. Reports on the progress and performance of the F–35 aircraft program. Sec. 167. Other reports on the F–35 aircraft program. Sec. 168. Limitation on availability of funds for communications systems lacking certain resiliency features. Sec. 169. Repeal of tactical unmanned vehicle common data link requirement. Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101. SEC. 111. Authority of the Secretary of the Army to waive certain limitations related
to the Distributed Common Ground System-Army Increment 1. Section 113(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2028) is amended by striking “Secretary of Defense” both places it appears and inserting “Secretary of the Army”. (a) In general.—Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: “(a) Limitation.—The total amounts obligated or expended from funds authorized to be appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, may not exceed the following amounts for the following aircraft carriers: “(1) $13,224,000,000 for the construction of the aircraft carrier designated CVN–78. “(2) $11,398,000,000 for the construction of the aircraft carrier designated CVN–79. “(3) $12,202,000,000 for the construction of the aircraft carrier designated CVN–80. “(4) $12,451,000,000 for the construction of the aircraft carrier designated CVN–81. “(b) Exclusion of battle and interim spares from cost limitation.—The Secretary of the Navy shall exclude from the determination of the amounts set forth in subsection (a) the costs of the following items: “(1) CVN–78 class battle spares. “(2) Interim spares. “(3) Increases attributable to economic inflation after December 1, 2018, not otherwise included in the amounts listed in subsection (a). “(c) Written notice and briefing on change in amount.—The Secretary of the Navy may adjust an amount listed in subsection (a) not fewer than 15 days after submitting written notice and providing a briefing to the congressional defense committees, each of which shall include the amount and rationale of any change and the resulting amount after such change.”. (b) Clerical amendment.—The table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8691 the following new item:
(c) Repeal of superseded provision.—Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) is repealed. Section 126(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended— (1) in the subsection heading, by striking “and CVN–80” and inserting “, CVN–80, and CVN–81”; (A) by striking “2021” and inserting “2032”; and (B) by striking “costs described in subsection (b) for the CVN–79 and CVN–80” and inserting “cost targets for the CVN–79, the CVN–80, and the CVN–81”; and (A) in the matter preceding subparagraph (A), by striking “ and the CVN–80” and inserting “, the CVN–80, and the CVN–81” (B) in subparagraph (A), by striking “costs described in subsection (b)” and inserting “cost targets”; (C) in subparagraph (F), by striking “costs specified in subsection (b)” and inserting “cost targets”; and (D) in subparagraph (G), by striking “costs specified in subsection (b)” and inserting “cost targets”. (a) Refueling and complex overhaul.—The Secretary of the Navy shall carry out the nuclear refueling and complex overhaul of the U.S.S. John C. Stennis (CVN–74) and U.S.S. Harry S. Truman (CVN–75). (b) Use of incremental funding.—With respect to any contract entered into under subsection (a) for the nuclear refueling and complex overhauls of the U.S.S. John C. Stennis (CVN–74) and U.S.S. Harry S. Truman (CVN–75), the Secretary may use incremental funding for a period not to exceed six years after advance procurement funds for such nuclear refueling and complex overhaul effort are first obligated. (c) Condition for out-year contract payments.—Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2020 is subject to the availability of appropriations for that purpose for that later fiscal year. Before completing the post-shakedown availability of the Ford class aircraft carrier designated CVN–79, the Secretary of the Navy shall ensure that the aircraft carrier is capable of operating and deploying with the F–35C aircraft. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended to reduce the number of operational aircraft carriers of the Navy below the number specified in section 8062(b) of title 10, United States Code. SEC. 126. Modification of prohibition on availability of funds for Navy waterborne
security barriers. Section 130 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended— (1) in subsection (a) by striking “for fiscal year 2019 may be obligated or expended to procure legacy waterborne security barriers for Navy ports” and inserting “for fiscal year 2019 or fiscal year 2020 may be obligated or expended to procure legacy waterborne security barriers for Navy ports, including as replacements for legacy barriers”; (2) in subsection (c)(1), by inserting “of not more than 30 percent” after “replacement”; and (3) by adding at the end the following new subsection: “(d) Notification.—Not later than 15 days after an exception is made pursuant to subsection (c)(2), the Secretary of the Navy shall submit a written notification to the congressional defense committees that includes— “(1) the name and position of the government official who determined exigent circumstances exist; “(2) a description of the exigent circumstances; and “(3) a description of how waterborne security will be maintained until new waterborne security barriers are procured and installed.”. (a) Authority to use incremental funding.—The Secretary of the Navy may enter into and incrementally fund a contract for detail design and construction of the LHA replacement ship designated LHA 9 and, subject to subsection (b), funds for payments under the contract may be provided from amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2019 through 2025. (b) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for any subsequent fiscal year is subject to the availability of appropriations for that purpose for such subsequent fiscal year. (c) Repeal of obsolete authority.—Section 125 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2106) is repealed. (a) In general.—Subject to the availability of appropriations, the Secretary of the Navy shall seek to enter into a contract for the construction of one sealift vessel. (b) Delivery date.—The contract entered into under subsection (a) shall specify a delivery date for the sealift vessel of not later than September 30, 2026. (c) Design and construction requirements.— (1) USE OF EXISTING DESIGN.—The design of the sealift vessel shall be based on a domestic or foreign design that exists as of the date of the enactment of this Act. (2) COMMERCIAL STANDARDS AND PRACTICES.—Subject to paragraph (1), the sealift vessel may be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government. (3) DOMESTIC SHIPYARD.—The sealift vessel shall be constructed in a shipyard that is located in the United States. (d) Certificate and endorsement.—The sealift vessel shall meet the requirements necessary to receive a certificate of documentation and a coastwise endorsement under chapter 121 of tile 46, United States Code, and the Secretary of the Navy shall ensure that the completed vessel receives such a certificate and endorsement. (1) IN GENERAL.—The Secretary of the Navy may seek to enter into a contract or other agreement with a private-sector entity under which the entity may act as executive agent for the Secretary for purposes of the contract under subsection (a). (2) RESPONSIBILITIES.—The executive agent described in paragraph (1) may be responsible for— (A) selecting a shipyard for the construction of the sealift vessel; (B) managing and overseeing the construction of the sealift vessel; and (C) such other matters as the Secretary of the Navy determines to be appropriate (f) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract. (g) Sealift vessel defined.—In this section, the term “sealift vessel” means the sealift vessel constructed pursuant to the contract entered into under subsection (a). (a) In general.—Using funds authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, the Secretary of the Navy may enter into a contract, beginning with the fiscal year 2020 program year, for the design and construction of the amphibious transport dock designated LPD–31. (b) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract. (c) Condition for out-year contract payments.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2020 is subject to the availability of appropriations for that purpose for such later fiscal year. (a) Limitations.—None of the funds authorized to be appropriated by this Act for fiscal year 2020 for the Department of Defense may be used to exceed, and the Department may not otherwise exceed, the total procurement quantity of thirty-five Littoral Combat Ships, unless the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees the certification described in subsection (b). (b) Certification.—The certification described in this subsection is a certification by the Under Secretary that awarding a contract for the procurement of a Littoral Combat Ship that exceeds the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy— (1) is in the national security interests of the United States; (2) will not result in exceeding the low-rate initial production quantity approved in the Littoral Combat Ship acquisition strategy in effect as of the date of the certification; and (3) is necessary to maintain a full and open competition for the Guided Missile Frigate (FFG(X)) with a single source award in fiscal year 2020. (a) In general.—Milestone B approval may not be granted for the next new class of Navy large surface combatants unless the class of Navy large surface combatants incorporates prior to such approval— (1) design changes identified during the full duration of the combat system ship qualification trials and operational test periods of the first Arleigh Burke-class destroyer in the Flight III configuration to complete such events; and (2) final results of test programs of engineering development models or prototypes for critical systems specified by the Senior Technical Authority pursuant to section 8669b of title 10, United States Code, as added by section 1034 of this Act, in their final form, fit, and function and in a realistic environment, which shall include a land-based engineering site for the propulsion system. (b) Limitation.—The Secretary of the Navy may not release a detail design or construction request for proposals or obligate funds from the Shipbuilding and Conversion, Navy account for the next new class of Navy large surface combatants until the class of Navy large surface combatants receives Milestone B approval and the milestone decision authority notifies the congressional defense committees, in writing, of the actions taken to comply with the requirements under subsection (a). (c) Definitions.—In this section: (1) The term “Milestone B approval” has the meaning given the term in section 2366(e)(7) of title 10, United States Code. (2) The term “milestone decision authority” means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program, including authority to approve entry of the program into the next phase of the acquisition process. (3) The term “large surface combatants” means Navy surface ships that are designed primarily to engage in attacks against airborne, surface, subsurface, and shore targets, excluding frigates and littoral combat ships. SEC. 132. Limitation on availability of funds pending quarterly updates on the CH–53K
King Stallion helicopter program. (a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for aircraft procurement, Navy, for the CH–53K King Stallion helicopter program, not more than 50 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Navy provides the first briefing required under subsection (b). (b) Quarterly briefings required.— (1) IN GENERAL.—Beginning not later than 30 days after the date of the enactment of this Act, and on a quarterly basis thereafter through the end of fiscal year 2022, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program. (2) ELEMENTS.—Each briefing under paragraph (1) shall include, with respect to the CH–53K King Stallion helicopter program, the following: (A) An overview of the program schedule. (B) A statement of the total cost of the program as of the date of the briefing, including the costs of development, testing, and production. (C) A comparison of the total cost of the program relative to the approved acquisition program baseline. (D) An assessment of flight testing under the program, including identification of the number of test events that have been conducted on-time in accordance with the joint integrated program schedule. (E) An update on the correction of technical deficiencies under the program, including— (i) identification of the technical deficiencies that have been corrected as of the date of the briefing; (ii) identification of the technical deficiencies that have been discovered, but not corrected, as of such date; (iii) an estimate of the total cost of correcting technical deficiencies under the program; and (iv) an explanation of any significant deviations from the testing and program schedule that are anticipated due to the discovery and correction of technical deficiencies. (a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for procurement for the VH–92A helicopter, not more than 80 percent may be obligated or expended until the date on which the Secretary of Navy submits to the Committees on Armed Services of the Senate and the House of Representatives the report required under subsection (b). (b) Report required.—The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the status of the VH–92A helicopter program industrial base and the potential impact of proposed manufacturing base changes on the acquisition program. The report shall include a description of— (1) estimated effects on the manufacturing readiness level of the VH–92 program due to potential changes to the program manufacturing base; (2) the estimated costs and assessment of cost risk to the program due to potential changes to the program manufacturing base; (3) any estimated schedule impacts, including impacts on delivery dates for the remaining low-rate initial production lots and full rate production, resulting from any changes to the manufacturing base; (4) an assessment of the effect of changes to the manufacturing base on VH–92A sustainment; and (5) the impact of such changes on production and sustainment capacity for the MH–60 and CH–53K helicopters of the Navy. (a) In general.—Not later than May 1, 2020, the Secretary of the Navy shall submit to the congressional defense committees a report on the optimal composition of the carrier air wing (CVW) on aircraft carriers and aviation combat element (ACE) embarked on amphibious ships in 2030 and 2040, including alternative force design concepts. (b) Elements.—The report required under subsection (a) shall include the following elements for the CVW and ACE: (1) Analysis and justification for the Department of the Navy's stated goal of a 50/50 mix of 4th and 5th generation aircraft for 2030. (2) Analysis and justification for an optimal mix of aircraft for 2040. (3) A plan for incorporating unmanned aerial vehicles and associated communication capabilities to effectively implement the future force design. (4) Analysis of the support equipment requirement for each aircraft type and the space needed to accommodate such equipment. (5) A description of existing and potential ship designs or design changes that would enable greater commonality and interoperability of embarked naval aircraft, including aircraft arresting gear and launch catapults. (c) Briefing.—Not later than March 1, 2020, the Secretary of the Navy shall provide the congressional defense committees a briefing on the report required under subsection (a). Section 141(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1661) is amended— (1) in paragraph (1), by striking “until the date that is 30 days after the date on which the briefing under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 is provided to the congressional defense committees” and inserting “until the date that is 30 days after the date on which the final report and briefing required under section 1712(c)(2) of the National Defense Authorization Act for Fiscal Year 2020 have each been provided to the congressional defense committees”; and (2) in paragraph (2)(A), by striking “can be returned to service” and inserting “is inducted into or maintained in type 1000 recallable storage”. The Secretary of the Air Force shall ensure that any request for proposals for the procurement of an OC–135B aircraft under a recapitalization program for such aircraft meets the requirements for full and open competition as set forth in section 2304 of title 10, United States Code, and includes, as part of such request for proposals, consideration of proposals for the provision of new production aircraft and recently manufactured aircraft. (a) Required submission of strategy.—Not later than March 1, 2020, the Secretary of the Air Force shall submit to the congressional defense committees an aviation force structure acquisition strategy that aligns with the stated capability and capacity requirements of the Department of the Air Force to meet the National Defense Strategy. (b) Alignment with strategy.—The Secretary of the Air Force may not deviate from the strategy submitted under subsection (a) until— (1) the Secretary receives a waiver from the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff; and (2) the Secretary of Defense provides the congressional defense committees with the waiver approval documentation. SEC. 144. Prohibition on availability of funds for reduction in KC–10 primary mission
aircraft inventory. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to reduce the number of KC–10 aircraft in the primary mission aircraft inventory of the Air Force. (a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure any F–15EX aircraft, other than the first two prototypes of such aircraft, until a period of 15 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees a report on the following topics relating to the F–15EX program: (1) Acquisition strategy. (2) Cost and schedule estimates. (3) Test and evaluation strategy. (4) Logistics strategy. (5) Post-production fielding strategy. (b) Exception for long-lead items.— (1) IN GENERAL.—Notwithstanding subsection (a), the Secretary of the Air Force may use the funds described in paragraph (2) to procure long-lead items for up to six additional F–15EX aircraft beyond the first two prototypes of such aircraft. (2) FUNDS DESCRIBED.—The funds described in this paragraph are funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force for any of the following: (A) Research and development, nonrecurring engineering. (B) Aircraft procurement. (c) F–15EX program defined.—In this section, the term “F–15EX program” means the F–15EX aircraft program of the Air Force as described in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 21, United States Code). (a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 or any subsequent fiscal year for the Air Force may be obligated or expended to carry out over and above work on the VC–25B aircraft until a period of 30 days has elapsed following the date on which the Secretary of the Air Force notifies the congressional defense committees of the intent of the Secretary to authorize such work. (b) Exception.—The limitation under subsection (a) shall not apply to over and above work carried out— (1) to repair or replace items damaged during the testing of the VC–25B aircraft; or (2) to make changes necessary to meet operational requirements. (c) Definitions.—In this section: (1) The term “operational requirements” means any of the operational requirements for the VC–25B aircraft described in the capability development document or the system requirements document for the Presidential Aircraft Recapitalization Program. (2) The term “over and above work” means work performed pursuant to line 0012 (CLIN 0012) of the contract for Presidential Aircraft Recapitalization entered into between the Department of the Air Force and the Boeing Company (contract number FA8625–16–C–6599). (a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or place in storage or backup inventory status, any RC–26B aircraft until the date on which the Secretary of the Air Force submits to the congressional defense committees— (1) the report required under subsection (c); and (2) the certification required under subsection (d). (b) Exception.—The limitation in subsection (a) shall not apply to individual RC–26B aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps or other damage. (c) Report required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following: (1) A survey of any requirements for the Air Force to provide intelligence, surveillance, and reconnaissance support to other military forces and civil authorities that the Air Force and the Air National Guard meet using the RC–26B aircraft. (2) An assessment of the extent to which such requirements are appropriate for the Air Force to fulfill. (3) The manner in which the Secretary would meet such requirements if the RC–26B aircraft were to be retired. (4) A comparison of costs and effectiveness of alternative means of providing intelligence, surveillance, and reconnaissance support to other military forces and civil authorities. (5) An assessment of the utility of entering into one or more memoranda of agreement with other military forces and civil authorities to govern the process for providing intelligence, surveillance, and reconnaissance support to those forces and authorities. (d) Certification required.—Not later than 60 days after the date on which the Secretary of the Air Force submits the report required under subsection (c), the Secretary shall certify to the congressional defense committees— (1) whether there are requirements for the Air Force to provide intelligence, surveillance, and reconnaissance support to other military forces and civil authorities that the Air Force meets using the RC–26B aircraft; and (2) whether the Secretary has identified methods of meeting such requirements that are more effective and more efficient than meeting such requirements through the use of the RC–26B aircraft. (a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to retire, or prepare to retire, any RC–135 aircraft until a period of 60 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that— (1) technologies other than the RC–135 aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–135 aircraft; and (2) the capacity and capabilities of such other technologies meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the operational environment, and direct support for kinetic and nonkinetic operations. (b) Exception.—The limitation in subsection (a) shall not apply to individual RC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. (a) Sense of Congress.—It is the sense of Congress that— (1) it is critical that the Air Force has the capability to train against an advanced air adversary in order to be prepared for conflicts against a modern enemy force, and that in order to have this capability, the Air Force must have access to an advanced adversary force prior to United States adversaries fielding a 5th-generation operational capability; and (2) the Air Force’s plan to use low-rate initial production F–35As as aggressor aircraft reflects a recognition of the need to field a modernized aggressor fleet. (1) IN GENERAL.—The Secretary of the Air Force may not transfer any low-rate initial production F–35 aircraft for use as aggressor aircraft until the Chief of Staff of the Air Force submits to the congressional defense committees a comprehensive plan and report on the strategy for modernizing its organic aggressor fleet. (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) Potential locations for F–35A aggressor aircraft, including an analysis of installations that— (i) have the size and availability of airspace necessary to meet flying operations requirements; (ii) have sufficient capacity and availability of range space; (iii) are capable of hosting advanced-threat training exercises; and (iv) meet or require minimal addition to the environmental requirements associated with the basing action. (B) An analysis of the potential cost and benefits of expanding aggressor squadrons currently operating 18 Primary Assigned Aircraft (PAA) to a level of 24 PAA each. (C) An analysis of the cost and timelines associated with modernizing the current Air Force aggressor squadrons to include upgrading aircraft radar, infrared search-and-track systems, radar warning receiver, tactical datalink, threat-representative jamming pods, and other upgrades necessary to provide a realistic advanced adversary threat. (a) Sense of congress.—It is the sense of Congress that, given delays to Operational Loss Replacement (OLR) program fielding and the on-time fielding of Combat Rescue Helicopter (CRH), the Air National Guard should retain additional HH–60G helicopters at Air National Guard locations to meet their recommended primary aircraft authorized (PAA) per the Air Force’s June 2018 report on Air National Guard HH–60 requirements. (1) IN GENERAL.—Not later than 45 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on its fielding plan for the CRH program. (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) A description of the differences in capabilities between the HH–60G, OLR, and CRH helicopters. (B) A description of the costs and risks associated with changing the CRH fielding plan to reduce or eliminate inventory shortfalls. (C) A description of the measures for accelerating the program available within the current contract. (D) A description of the operational risks and benefits associated with fielding the CRH to the active component first, including— (i) how the differing fielding plan may affect deployment schedules; (ii) what capabilities active-component units deploying with the CRH will have that reserve component units deploying with OLR will not; and (iii) an analysis of the potential costs and benefits that could result from accelerating CRH fielding to all units through additional funding in the future years defense program. (1) IN GENERAL.—Not later than 45 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the plan to sustain training for initial-entry reserve component HH–60G pilots once the active component of the Air Force has received all of its CRH helicopters. (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) Projected reserve component aircrew initial HH–60G/OLR qualification training requirements, by year. (B) The number of legacy HH–60G/OLR helicopters required to continue providing initial HH–60G qualification training through the 150th Special Operations Wing at Kirtland Air Force Base. (C) The number of personnel required to continue providing initial HH–60G/OLR qualification training through the 150th Special Operations Wing at Kirtland Air Force Base. (D) The number of flying hours required per pilot to perform “differences training” at home station for initial entry HH–60 pilots receiving CRH training at Kirtland Air Force Base to become qualified in the HH–60G/OLR at their home station. (E) The projected effect of using local flying training hours at reserve component units on overall unit training readiness and ability to meet Ready Aircrew Program requirements. (a) In general.—Not later than March 31, 2020, the Secretary of the Air Force shall submit a report to the congressional defense committees assessing the feasibility of entering into a multiyear contract for procurement of JASSM–ER missiles starting in fiscal year 2022. (b) Elements.—The report required under subsection (a) shall include the following elements: (1) An initial assessment of cost savings to the Air Force from a multiyear contract. (2) An analysis of at least two different multiyear contract options that vary in either duration or quantity, at least one of which assumes a maximum procurement of 550 missiles per year for 5 years. (3) An assessment of how a multiyear contract will impact the industrial base. (4) An assessment of how a multiyear contract will impact the Long Range Anti-Ship Missile. (5) An assessment of how a multiyear contract will impact the ability of the Air Force to develop additional capabilities for the JASSM–ER missile. (a) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the aircraft fleet of the Civil Air Patrol. (b) Elements.—The report required by subsection (a) shall include an assessment of each of the following: (1) Whether the number of aircraft, types of aircraft, and operating locations that comprise the Civil Air Patrol fleet are suitable for the missions and responsibilities assigned to the Civil Air Patrol, including— (A) flight proficiency and training; (B) operational mission training; and (C) support for cadet orientation and cadet flight training programs in the Civil Air Patrol wing of each State. (2) The ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used to determine that ideal size. (3) The process used by the Civil Air Patrol and the Air Force to determine the number and location of aircraft operating locations and whether State Civil Air Patrol wing commanders are appropriately involved in that process. (4) The process used by the Civil Air Patrol, the Air Force, and other relevant entities to determine the type and number of aircraft that are needed to support the emergency, operational, and training missions of the Civil Air Patrol. It is the sense of the Congress that— (1) The United States Special Operations Command has a mission requirement to support foreign internal defense training and a light attack aircraft platform could potentially facilitate meeting that requirement. (2) The Secretary of the Air Force should coordinate with the Commander of the United States Special Operations Command to assess how general purpose forces and special operations forces can leverage the light attack aircraft phase three experimentation activities of the Air Force. (3) The Secretary of the Air Force, in coordination with the Commander of the United States Special Operations Command, should explore options for coordinating light attack aircraft experiment activities between general purpose forces and special operations forces to maximize efficiency and effectiveness and to further the mission requirements of both forces, including options to transfer a portion of funds authorized for Air Force light attack aircraft experiments to procure aircraft for supporting the combat air advisor mission of the Special Operations Command. SEC. 161. Economic order quantity contracting and buy-to-budget acquisition for F–35
aircraft program. (a) Economic order quantity contract authority.— (1) IN GENERAL.—Subject to paragraphs (2) through (4), from amounts made available for obligation under the F–35 aircraft program, the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2020 program year, for the procurement of economic order quantities of material and equipment that has completed formal hardware qualification testing for the F–35 aircraft program for use in procurement contracts to be awarded for such program during fiscal years 2021, 2022, and 2023. (2) LIMITATION.—The total amount obligated under all contracts entered into under paragraph (1) shall not exceed $574,000,000. (3) PRELIMINARY FINDINGS.—Before entering into a contract under paragraph (1), the Secretary of Defense shall make each of the following findings with respect to such contract: (A) The use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts. (B) The minimum need for the property to be procured is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities. (C) There is a reasonable expectation that, throughout the contemplated contract period, the Secretary will request funding for the contract at the level required to avoid contract cancellation. (D) That there is a stable, certified, and qualified design for the property to be procured and that the technical risks and redesign risks associated with such property are low. (E) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic. (F) Entering into the contract will promote the national security interests of the United States. (4) CERTIFICATION REQUIREMENT.—The Secretary of Defense may not enter into a contract under paragraph (1) until a period of 30 days has elapsed following the date on which the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied: (A) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most recently available estimates of the program acquisition unit cost or procurement unit cost for such system to determine that the estimates of the unit costs are realistic. (B) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year will include the funding required to execute the program without cancellation. (C) The contract is a fixed-price type contract. (D) The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities. (E) The Secretary has determined that each of the conditions described in subparagraphs (A) through (F) of paragraph (3) will be met by such contract and has provided the basis for such determination to the congressional defense committees. (b) Buy-to-budget acquisition.—Subject to section 2308 of title 10, United States Code, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act. SEC. 162. Relief from contractors for failure to deliver ready-for-issue spare parts
for the F–35 aircraft program. (a) Requirement to seek relief.—Consistent with the findings and recommendations of the Inspector General of the Department of Defense in the report titled “Audit of F–35 Ready-For-Issue Spare Parts and Sustainment Performance Incentive Fees” (DODIG–2019–094) and dated June 13, 2019, the Secretary of Defense shall seek relief, as described in subsection (b), from prime contractors that delivered noncompliant ready-for-issue spare parts pursuant a contract under the F–35 aircraft program. (b) Relief described.—The relief sought by the Secretary of Defense under subsection (a) may include the following: (1) Specific performance. (2) Compensation for costs incurred by the Department of Defense as a result of the contractor’s failure to deliver compliant ready-for-issue spare parts under the contract. (3) Any other form of remediation or compensation the Secretary determines to be appropriate. (c) Rule of construction.—Nothing in this section shall be construed— (1) to alter the terms of a contract under the F–35 aircraft program; or (2) to authorize the Secretary of Defense to seek forms of relief beyond those otherwise available under law. SEC. 163. Limitation on availability of funds for reallocation of Turkish F–35A
aircraft to the United States. (a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure a covered F–35A aircraft for the United States Air Force until a period of 15 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that— (1) ancillary mission equipment, initial spare parts and materials, technical data, and publications will be procured for each covered F–35A aircraft delivered to the Air Force; and (2) each such aircraft will be delivered to the Air Force in a common configuration that may be operated and integrated within the fleet of F–35A aircraft of the Air Force. (b) Covered F–35A aircraft defined.—In this section, the term “covered F–35A aircraft” means an F–35A aircraft previously procured by or on behalf of the Government of the Republic of Turkey in F–35 production lot 12, 13, or 14. SEC. 164. Requirement to establish the use of an Agile DevOps software development
solution as an alternative for Joint Strike Fighter
Autonomic Logistics
Information System. (a) Competitive analysis.—The Secretary of Defense shall conduct a competitive analysis of the performance and design architecture enhancement efforts between the currently fielded Autonomic logistics Information System, Autonomic Logistics Information System–Next, and the Department of the Air Force Agile Development Operations Madhatter initiative efforts, including system technology transition opportunities and timelines. (c) Briefing.—Not later than September 30, 2020, the Secretary of Defense shall provide the congressional defense committees a briefing on the findings of the competitive analysis carried out under subsection (a). (a) Quarterly update.—The Under Secretary of Defense for Acquisition and Sustainment shall include in the quarterly report required under section 155 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232)— (1) sustainment cost data related to the F–35 program, including a comparison in itemized format of the cost of legacy aircraft and the cost of the F–35 program, based on a standardized set of criteria; and (2) an evaluation and metrics on the extent to which the goals developed pursuant to subsection (b) are being achieved. (1) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall develop and implement a plan for achieving significant reductions in the costs to operate, maintain, and sustain the F–35 system. (2) ELEMENTS.—The plan required under paragraph (1) shall include the following elements: (A) Specific changes in the management and execution of operation and support (O&S) cost elements to engender continuous and measurable process improvements. (B) Specific actions the Department will implement in the near, mid, and long terms to reduce O&S costs. (C) Firm and achievable timelines for implementing the specific actions and process changes. (3) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a report on the baseline plan developed pursuant to paragraph (1). (a) F-35 Block 4 and Continuous Capability Development and Delivery Program.—The Secretary of Defense shall include with the annual report required by section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2059) an integrated master schedule and past performance assessment for each planned phase of the F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program. (b) Comptroller general reports.— (1) ANNUAL REPORT REQUIRED.—Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2021 through 2025, the Comptroller General of the United States shall submit to the congressional defense committees a report on the F–35 aircraft program. (2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the F–35 aircraft program, the following: (A) An assessment of the progress of manufacturing processes improvement under the program. (B) The progress and results of the F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program and other follow-on modernization development and testing efforts. (C) An assessment of the Department’s schedule for delivering software upgrades in six-month, scheduled increments. (D) The progress and results of any other significant hardware development and fielding efforts necessary for the F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program. (E) Any other issues the Comptroller General determines to be appropriate. (c) F–35 block 4 defined.—In this section, the term “F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program” means Block 4 capability upgrades for the F–35 aircraft program as described in the Selected Acquisition Report for the program submitted to Congress in March 2019, pursuant to section 2432 of title 10, United States Code. (a) Report on F–35 reliability and maintainability metrics.—The Secretary of Defense shall submit to the congressional defense committees a report on the reliability and maintainability metrics for the F–35 aircraft. The report shall include the following: (1) The results of a review and assessment, conducted by the program office for the F–35 aircraft program, of the reliability and maintainability metrics for the aircraft as set forth in the most recent operational requirements document for the program. (2) A determination of whether the reliability and maintainability metrics for the aircraft, as set forth in the most recent operational requirements document for the program, are feasible and attainable, and what changes, if any, will be made to update the metrics. (3) A certification that the program office for the F–35 aircraft program has revised the reliability and maintainability improvement plan for the aircraft— (A) to identify specific and measurable reliability and maintainability objectives in the improvement plan guidance; and (B) to identify and document which projects included in the improvement plan will achieve the objectives identified under subparagraph (A). (b) Report on F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program.— (1) IN GENERAL.—The Secretary of Defense shall submit to the congressional defense committees a report on the F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program. The report shall include the following: (A) The results of the independent cost estimate for the Program conducted by the Director of Cost Assessment and Program Evaluation. (B) An approved test and evaluation master plan that addresses the adequacy of testing resources, testing aircraft shortfalls, and testing funding. (C) A review of the feasibility and schedule of the continuous capability development and delivery strategy for fielding technologies under the Program as conducted by the Under Secretary of Defense for Research and Engineering. (2) F–35 BLOCK 4 DEFINED.—In this subsection, the term “F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program” has the meaning given that term in section 166. (c) Report on F–35 autonomic logistics information system.—The Secretary of Defense shall submit to the congressional defense committees a report on the autonomic logistics information system of the F–35 aircraft. The report shall include a description of each of the following: (1) All shortfalls, capability gaps, and deficiencies in the system that have been identified as of the date of the enactment of this Act. (2) The strategy and performance requirements that will be implemented to improve the system. (3) The strategy, implementation plan, schedule, and estimated costs of developing and fielding— (A) the next generation of the system; or (B) future increments of the system. (d) F-35 life-cycle cost estimates.— (1) JOINT COST ESTIMATE.—The Secretary of the Air Force and the Secretary of the Navy shall jointly develop a joint service cost estimate for the life-cycle costs of the F–35 aircraft program. (2) INDEPENDENT COST ESTIMATE.—The Director of Cost Assessment and Program Evaluation shall develop an independent cost estimate for the life-cycle costs of the F–35 aircraft program. (e) Deadline for submittal.—The reports required under subsections (a) through (d) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act. SEC. 168. Limitation on availability of funds for communications systems lacking
certain resiliency features. (a) In general.—Except as provided under subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended for the procurement of a current or future Department of Defense communications program of record, and the Department may not otherwise procure a current or future communications program of record, unless the communications equipment— (1) mitigates geolocation of a transmission that would allow a like echelon enemy force to target the user; (2) securely communicates classified information in a contested communications environment that includes operationally representative jamming; (3) reduces, within two years of continued development and upgrades, electronic signature and susceptibility to geolocation by using low probability of intercept/detect (LPI/LPD) waveforms, or other capability that would provide the same resiliency on the battlefield; and (4) utilizes a waveform that is either made available through the Department of Defense Waveform Information Repository, or is a commercial off the shelf (COTS) waveform available for government licensing with waveform analysis through the Joint Tactical Networking Center (JTNC) Tactical Communications Marketplace. (b) Waiver.—The Secretary of a military department may waive the requirement under subsection (a) with respect to a communications system upon certifying to the congressional defense committees that the system's intended use is not for contested environments or will meet the requirement when operated as a component of an integrated network. (1) IN GENERAL.—Not later than February 1, 2020, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the status of the Common Data Link program and plans to meet new and emerging manned and unmanned intelligence, surveillance, and reconnaissance (ISR) vehicle secure and interoperable communication requirements. (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) A description of each Common Data Link (CDL) waveform in use and which platforms or systems utilize each CDL waveform. (B) A list of manned and unmanned ISR platforms or systems in development requiring networked, secure, low latency communications, and an assessment of the suitability of CDL to meet the requirements of each planned program. (C) A description of in-progress or planned technology development efforts to address networking requirements for manned and unmanned ISR systems operating in contested and denied environments. (b) Repeal.—Section 157 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1667) is hereby repealed. Sec. 201. Authorization of appropriations. Sec. 211. Program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics. Sec. 212. Updates to the Department of Defense personnel management authority to attract experts in science and engineering. Sec. 213. Establishment of joint reserve detachment of the Defense Innovation Unit. Sec. 214. Research and educational programs and activities for Historically Black Colleges and Universities and Minority-Serving Institutions of Higher Education. Sec. 215. Modification of authority for prizes for advanced technology achievements. Sec. 216. Joint hypersonics transition office. Sec. 217. Modification of proof of concept commercialization program. Sec. 218. Modification of authority and addition of technology areas for expedited access to technical talent. Sec. 219. Expansion of coordination in support of national security innovation and entrepreneurial education. Sec. 220. Modification of defense quantum information science and technology research and development program. Sec. 221. Understanding of investments in artificial intelligence and development of capabilities by adversaries. Sec. 222. Advisory role of JASON scientific advisory group. Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program. Sec. 224. Requiring defense microelectronics products and services meet trusted supply chain and operational security standards. Sec. 225. Development and acquisition strategy to procure secure, low probability of detection data link network capability. Sec. 226. Establishment of secure next-generation wireless network (5G) infrastructure for the Nevada Test and Training Range and base infrastructure. Sec. 227. Administration of manufacturing innovation institutes funded by the Department of Defense. Sec. 228. Research program on foreign malign influence operations. Sec. 229. Diversification of the research and engineering workforce of the Department of Defense. Sec. 230. Policy on the talent management of digital expertise and software professionals. Sec. 231. Digital engineering capability to automate testing and evaluation. Sec. 232. Process to align policy formulation and emerging technology development. Sec. 233. Improvement of the Strategic Capabilities Office of the Department of Defense. Sec. 234. Pilot program on enhanced civics education. Sec. 235. Technology and national security fellowship. Sec. 236. Documentation relating to the Advanced Battle Management System. Sec. 237. Sensor data integration for fifth generation aircraft. Sec. 238. Sense of Congress on future vertical lift technologies. Sec. 239. Use of funds for Strategic Environmental Research Program, Environmental Security Technical Certification Program, and Operational Energy Capability Improvement. Sec. 240. Limitation and report on Indirect Fire Protection Capability Increment 2 capability. Sec. 251. Master plan for implementation of authorities relating to science and technology reinvention laboratories. Sec. 252. Infrastructure to support research, development, test, and evaluation missions. Sec. 253. Energetics plan. Sec. 254. Strategy and implementation plan for fifth generation information and communications technologies. Sec. 255. Department-wide software science and technology strategy. Sec. 256. Artificial intelligence education strategy. Sec. 257. Cyber science and technology activities roadmap and reports. Sec. 258. Report on B–52 commercial engine replacement program. Sec. 259. Commercial edge computing technologies and best practices for Department of Defense warfighting systems. Sec. 260. Biannual report on the Joint Artificial Intelligence Center. Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle program. Sec. 262. National Study on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions. Sec. 263. Study on national security emerging biotechnologies for the Department of Defense. Sec. 264. Independent study on optimizing resources allocated to Combating Terrorism Technical Support Office. Sec. 265. Independent assessment of electronic warfare plans and programs. Sec. 266. Technical correction to Global Research Watch Program. Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. SEC. 211. Program on enhancement of preparation of dependents of members of Armed
Forces for careers in science, technology, engineering, and
mathematics. (a) Program required.—Chapter 111 of title 10, United States Code, is amended by inserting after section 2192a the following new section: “§ 2192b. Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics “(a) Program required.—The Secretary of Defense shall carry out a program to— “(1) enhance the preparation of students at covered schools for careers in science, technology, engineering, and mathematics; and “(2) provide assistance to teachers at covered schools to enhance preparation described in paragraph (1). “(b) Coordination.—In carrying out the program, the Secretary shall coordinate with the following: “(1) The Secretaries of the military departments. “(2) The Secretary of Education. “(3) The National Science Foundation. “(4) Other organizations as the Secretary of Defense considers appropriate. “(c) Activities.—Activities under the program may include the following: “(1) Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for students and teachers at covered schools. “(2) Establishment of scholarships and fellowships for students at covered schools. “(3) Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for students and teachers at covered schools, including with respect to improving the development of curricula at covered schools. “(4) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for students and teachers at covered schools. “(d) Metrics.—The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the program with respect to the needs of the Department of Defense. “(e) Covered schools defined.—In this section, the term ‘covered schools’ means elementary or secondary schools at which the Secretary determines a significant number of dependents of members of the armed forces are enrolled.”. (b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192a the following new item:
(c) Conforming repeal.—Section 233 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2193a note) is repealed. SEC. 212. Updates to the Department of Defense personnel management authority to
attract experts in science and engineering. (a) In general.—Subsection (a) of section 1599h of title 10, United States Code, is amended by adding at the end the following new paragraph: “(6) JOINT ARTIFICIAL INTELLIGENCE CENTER.—The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.”. (b) Scope of appointment authority.—Subsection (b)(1) of such section is amended— (1) in subparagraph (D), by striking “and” at the end; (2) in subparagraph (E), by adding “and” at the end; and (3) by adding at the end the following new subparagraph: “(F) in the case of the Joint Artificial Intelligence Center, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Center;”. (c) Extension of terms of appointment.—Subsection (c)(2) of such section is amended by striking “or the Defense Innovation Unit Experimental” and inserting “the Defense Innovation Unit, or the Joint Artificial Intelligence Center”. (d) Update to organizational name.—Such section is further amended— (A) in the subsection heading by striking “DIUX” and inserting “DIU”; and (B) by striking “Experimental”; and (2) in subsection (b)(1)(E), by striking “Experimental”. (1) ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE DEFENSE INNOVATION UNIT.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2358a the following new section: “§ 2358b. Joint reserve detachment of the Defense Innovation Unit “(a) Establishment.—The Secretary of Defense, in consultation with the Secretaries of the military departments, may establish a joint reserve detachment (referred to in this section as the ‘Detachment’) composed of members of the reserve components described in subsection (b) to be assigned to each office of the Defense Innovation Unit to— “(1) support engagement and collaboration with private-sector industry and the community surrounding the location of such office; and “(2) to accelerate the use and adoption of commercially-developed technologies for national security purposes. “(b) Members.—Each Secretary of a military department shall select for the Detachment, and make efforts to retain, members of the reserve components who possess relevant private-sector experience in the fields of business, acquisition, intelligence, engineering, technology transfer, science, mathematics, program management, logistics, cybersecurity, or such other fields as determined by the Under Secretary of Defense for Research and Engineering. “(c) Duties.—The Detachment shall have the following duties: “(1) Providing the Department of Defense with— “(A) expertise on and analysis of commercially-developed technologies; “(B) commercially-developed technologies to be used as alternatives for technologies in use by the Department; and “(C) opportunities for greater engagement and collaboration between the Department and private-sector industry on innovative technologies. “(A) partnering with the military departments, the combatant commands, and other Department of Defense organizations to— “(i) identify and rapidly prototype commercially-developed technologies; and “(ii) use alternative contracting mechanisms to procure such technologies; “(i) the work of the Defense Innovation Unit; and “(ii) the technology requirements of the Department of Defense as identified in the National Defense Science and Technology Strategy developed under section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and “(C) using the investment in research and development made by private-sector industry in assessing and developing dual-use technologies. “(3) Carrying out other activities as directed by the Under Secretary of Defense for Research and Engineering. “(d) Joint duty.—Assignment to a Detachment shall not qualify as a joint duty assignment, as defined in section 668(b)(1) of title 10, United States Code, unless approved by the Secretary of Defense.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2358a the following new item:
(b) Implementation report.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in consultation with the Director of the Defense Innovation Unit and the Secretaries of the military departments, shall submit to the congressional defense committees a report that includes— (1) an organizational plan and the estimated costs for establishing the joint reserve detachment required under section 2358b of title 10, United States Code (as added by subsection (a)); and (2) a timeline specifying when such detachment will attain initial operational capability and full operational capability, respectively. SEC. 214. Research and educational programs and activities for Historically Black
Colleges and Universities and Minority-Serving Institutions
of Higher
Education. Section 2362 of title 10, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: “(d) Incentives.—The Secretary of Defense may develop incentives to encourage research and educational collaborations between covered educational institutions and other institutions of higher education.”. Section 2374a(a) of title 10, United States Code, is amended by striking “Assistant Secretary of Defense for Research and Engineering” and inserting “Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,”. Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358 note) is amended— (1) in subsection (a), by striking “the program required under subsection (b), and shall” and inserting “the program and activities described in subsections (b) through (f), and shall”; (2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (3) by inserting after subsection (b) the following new subsection (c): “(1) ARRANGEMENT WITH INSTITUTIONS OF HIGHER EDUCATION.—Using the authority specified in section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) or another similar authority, the Office shall seek to enter into an arrangement with one or more institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under which such institutions may provide the Office with— “(A) access to research, technology development, and workforce development expertise to support the mission of the Office; and “(B) foundational and applied hypersonic research, development, and workforce support in areas that the Office determines to be relevant for the Department of Defense. “(2) AVAILABILITY OF INFORMATION.—The Office shall ensure that the results of any research and reports produced pursuant to an arrangement under paragraph (1) are made available to the Federal Government, the private sector, academia, and international partners consistent with appropriate security classification guidance.”; (4) in subsection (d), as so redesignated— (A) in paragraph (4), by striking the comma before the period; and (B) in paragraph (5), by striking “certified under subsection (e) as being consistent with the roadmap under subsection (d)” and inserting “certified under subsection (f) as being consistent with the roadmap under subsection (e)”; (5) in subsection (e), as so redesignated, by adding at the end the following new paragraph: “(A) INITIAL SUBMISSION.—Not later than 180 days after the date of the enactment of this paragraph, the Secretary of Defense shall submit to the congressional defense committees the most recent roadmap developed under paragraph (1). “(B) SUBSEQUENT SUBMISSIONS.—The Secretary of Defense shall submit to the congressional defense committees each roadmap revised under paragraph (1) together with the budget submitted to Congress under section 1105 of title 31, United States Code, for the fiscal year concerned.”; and (6) in subsection (f), as so redesignated— (A) by striking “subsection (d)” each place it appears and inserting “subsection (e)”; and (B) in paragraph (3), by striking “2016” and inserting “2026”. (a) Extension of program.—Section 1603(g) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2359 note) is amended by striking “2019” and inserting “2024”. (b) Additional improvements.—Section 1603 of such Act, as amended by subsection (a), is further amended— (1) in the section heading, by inserting “of dual-use technology” after “commercialization”; (A) by inserting “of Dual-Use Technology” after “Commercialization”; and (B) by inserting “with a focus on priority defense technology areas that attract public and private sector funding, as well as private sector investment capital, including from venture capital firms in the United States,” before “in accordance”; (3) in subsection (c)(4)(A)(iv), by inserting “, which may include access to venture capital” after “award”; (4) by striking subsection (d); (5) by redesignating subsection (e) as subsection (d); (6) by inserting after subsection (d), as so redesignated, the following new subsection (e): “(e) Authorities.—In carrying out this section, the Secretary may use the following authorities: “(1) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges. “(2) Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships. “(3) Section 2374a of such title, relating to prizes for advanced technology achievements. “(4) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence. “(5) Section 2521 of such title, relating to the Manufacturing Technology Program. “(6) Section 225 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note). “(7) Section 1711 of such Act (Public Law 115–91; 10 U.S.C. 2505 note), relating to a pilot program on strengthening manufacturing in the defense industrial base. “(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.”. (7) by striking subsection (f); and (8) by redesignating subsection (g) as subsection (f). SEC. 218. Modification of authority and addition of technology areas for expedited
access to technical talent. (a) Modification of authority.—Subsection (a)(1) of section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended by striking “The Secretary of Defense shall, acting through the secretaries of the military departments, establish” and inserting “Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall direct the secretaries of the military departments to establish”. (b) Additional technology areas.—Subsection (e) of such section is amended— (1) by redesignating paragraph (27) as paragraph (30); and (2) by inserting after paragraph (26) the following new paragraph (27): “(27) Rapid prototyping. “(28) Infrastructure resilience. “(29) Hypersonics.”. SEC. 219. Expansion of coordination in support of national security innovation and entrepreneurial education. Section 225(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is amended by adding at the end the following new paragraph: “(18) The Lab-Embedded Entrepreneurship Programs of the Department of Energy.”. SEC. 220. Modification of defense quantum information science and technology research
and development program. Section 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended— (A) in paragraph (2), by striking “private sector entities” and inserting “private sector and international entities”; and (B) in paragraph (6), by striking “facilities and infrastructure” and inserting “facilities, workforce, and infrastructure”; (A) in paragraph (2), by striking “quantum sciences;” and inserting “quantum information sciences, including through consultation with— “(A) the National Quantum Coordination Office; “(B) the subcommittee on Quantum Information Science of the National Science and Technology Council; “(C) other organizations and elements of the Department of Defense; “(D) other Federal agencies; and “(E) appropriate private sector organizations;”; (B) by redesignating paragraphs (3) and (4) as paragraphs (6) and (7), respectively; (C) by inserting after paragraph (2), the following new paragraphs: “(3) in consultation with the entities listed in paragraph (2), develop plans for— “(A) the development of the quantum information science and technology workforce; “(B) enhancing awareness of quantum information science and technology; “(C) reducing the risk of cybersecurity threats posed by quantum information science technology; and “(D) development of ethical guidelines for the use of quantum information science technology; “(4) in consultation with the National Institute of Standards and Technology and other appropriate Federal entities, develop a quantum information science taxonomy and standards and requirements for quantum information technology; “(5) support efforts to increase the technology readiness level of quantum information science technologies under development in the United States;”; (D) in paragraph (6), as so redesignated, by striking “quantum science” and inserting “quantum information science”; and (E) in paragraph (7), as so redesignated, by striking “for meeting the long-term challenges and achieving the specific technical goals” and inserting “for carrying out the program under subsection (a)”; (3) by redesignating subsection (d) as subsection (e); (4) by inserting afer subsection (c) the following new subsection (d): “(d) Quantum information science research centers.—The Secretary of each military department may establish or designate a defense laboratory or establish activities to engage with appropriate public and private sector organizations, including academic organizations, to enhance and accelerate the research, development, and deployment of quantum information sciences and quantum information science-enabled technologies and systems. The Secretary of Defense shall ensure that not less than one such laboratory or center is established or designated.”; and (5) in paragraph (2) of subsection (e), as so redesignated— (A) in subparagraph (A), by inserting “information” before “sciences”; (i) by inserting “information” before “sciences”; and (ii) by inserting “, including a discussion of likely impacts of quantum information science and technology on military capabilities” before the period at the end; (C) in subparagraph (C), by inserting “information” before “sciences”; (D) by redesignating subparagraph (E) as subparagraph (F); and (E) by striking subparagraph (D) and inserting the following new subparagraphs: “(D) A description of the activities carried out in accordance with this section, including, for each such activity— “(i) a roadmap for the activity; “(ii) a summary of the funding provided for the activity; and “(iii) an estimated timeline for the development and military deployment of quantum technologies supported through the activity. “(E) A description of the efforts of the Department of Defense to update classification and cybersecurity practices relating to quantum technology, including— “(i) security processes and requirements for engagement with allied countries; and “(ii) a plan for security-cleared government and contractor workforce development.”. SEC. 221. Understanding of investments in artificial intelligence and development of
capabilities by adversaries. Section 238(c)(2)(I) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended— (1) in clause (i), by striking “; and” and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new clause: “(iii) that appropriate entities in the Department are reviewing all open source publications from both the United States and outside the United States that contribute to, affect, or advance— “(I) artificial intelligence research and development; or “(II) the understanding of the Secretary concerning the investments by adversaries of the United States in artificial intelligence and the development by such adversaries of capabilities relating to artificial intelligence.”. (a) Ongoing engagement of certain scientific advisory personnel.— (1) IN GENERAL.—The Secretary of Defense shall seek to engage the members of the independent, private scientific advisory group known as “JASON” as advisory personnel to provide advice, on an ongoing basis, on matters involving science, technology, and national security, including methods to defeat existential and technologically-amplified threats to national security. (2) AVAILABILITY TO OTHER FEDERAL AGENCIES.—At the request of a Federal agency outside the Department of Defense, the Secretary of Defense shall seek to make personnel engaged under paragraph (1) available to such agency for the purpose of providing advice to the agency on the matters described in such subsection. (b) Arrangement for conduct of national security studies and analysis.— (1) IN GENERAL.—Pursuant to subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into an arrangement under which JASON may provide national security research studies and other analyses to the Department of Defense and other Federal agencies to meet mission requirements and agency needs. (2) FORM OF ARRANGEMENT.—The arrangement entered into under paragraph (1) shall be in a form the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate for the Department of Defense, which may include a contract, a grant, a cooperative agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement. (3) TIMING OF ARRANGEMENT.—The Secretary of Defense shall seek to enter into the arrangement under paragraph (1) not later than 120 days after the date of the enactment of this Act. (4) TERMS OF ARRANGEMENT.—The arrangement entered into under paragraph (1) shall— (A) if specifically negotiated as part of the arrangement, provide for the Department of Defense to reimburse the entity supporting JASON for all or a portion of the overhead costs incurred in support of the arrangement; (B) allow Federal Government entities outside the Department of Defense with responsibilities relating to national security to seek to engage JASON to perform individual studies relating to national security matters as part of the arrangement; and (C) require that a Federal agency that engages JASON to perform a study under the arrangement will fully fund such study, including a proportional percentage to the total overhead costs incurred under the arrangement. (5) LIMITATION ON TERMINATION.— (A) IN GENERAL.—The Secretary of Defense may not terminate the arrangement under paragraph (1) until a period of 180 days has elapsed following the date on which the Secretary— (i) notifies the congressional defense committees of the intent of the Secretary to terminate the arrangement; and (ii) submits the report required under subparagraph (B). (i) IN GENERAL.—If the Secretary of Defense determines that the arrangement under paragraph (1) should be terminated, the Secretary shall submit to the congressional defense committees a report on the proposed termination of the arrangement. (ii) ELEMENTS.—The report required under clause (i) shall include the following: (I) A summary of the execution of research projects conducted by JASON over the four fiscal years preceding the date of the report, including the projects requested by the Department of Defense and the projects requested by other Federal agencies. (II) An analysis of the costs to the Department of Defense of maintaining the arrangement under which JASON provided national security research studies, including any overhead costs incurred by the Department or shared among Federal agencies over the four fiscal years preceding the date of the report. (III) A timeline for the potential transition or termination of the activities, functions, and expertise provided by JASON under the arrangement. (IV) An assessment of the impact that the termination of the arrangement with JASON will have on defense research studies and analytical capabilities, including a mitigation plan that identifies where alternative and comparable scientific advice and expertise is available and a comparison of the costs associated with each alternative. (iii) FORM OF REPORT.—The report required under clause (i) may be submitted in unclassified or classified form. (6) ANNUAL SUMMARY REPORT.—Not later than March 1 of each year beginning after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— (A) a summary of expenditures made under the arrangement with JASON under paragraph (1); and (B) a summary of the studies and other activities carried out by JASON pursuant to such arrangement in the preceding calendar year. (1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of Homeland Security, the Secretary of Energy, and the heads of such other Federal agencies as the Secretary of Defense considers appropriate, shall carry out a program on research, development, testing, evaluation, study, and demonstration of technologies related to blue carbon capture and direct air capture. (2) PROGRAM GOALS.—The goals of the program established under paragraph (1) are as follows: (A) To develop technologies that capture carbon dioxide from seawater and the air to turn such carbon dioxide into clean fuels to enhance fuel and energy security. (B) To develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses. (C) To develop direct air capture technologies for use— (i) at military installations or facilities of the Department of Defense; or (ii) in modes of transportation by the Navy or the Coast Guard. (3) PHASES.—The program established under paragraph (1) shall be carried out in two phases as follows: (A) The first phase shall consist of research and development and shall be carried out as described in subsection (b). (B) The second phase shall consist of testing and evaluation and shall be carried out as described in subsection (c), if the Secretary determines that the results of the research and development phase justify implementing the testing and evaluation phase. (4) DESIGNATION.—The program established under paragraph (1) shall be known as the “Direct Air Capture and Blue Carbon Removal Technology Program” (in this section referred to as the “Program”). (b) Research and development phase.— (1) IN GENERAL.—During the research and development phase of the Program, the Secretary of Defense shall conduct research and development in pursuit of the goals set forth in subsection (a)(2). (2) DIRECT AIR CAPTURE.—The research and development phase of the Program may include, with respect to direct air capture, a front end engineering and design study that includes an evaluation of direct air capture designs to produce fuel for use— (A) at military installations or facilities of the Department of Defense; or (B) in modes of transportation by the Navy or the Coast Guard. (3) COMMENCEMENT.—The Secretary shall commence carrying out the research and development phase of the Program not later than 90 days after the date of the enactment of this Act. (4) GRANTS AUTHORIZED.—The Secretary may carry out the research and development phase of the Program through the award of grants to private persons and eligible laboratories. (5) REPORT REQUIRED.—Not later than 180 days after the date of the completion of the research and development phase of the Program, the Secretary shall submit to Congress a report on the research and development carried out under the Program. (c) Testing and evaluation phase.— (1) IN GENERAL.—During the testing and evaluation phase of the Program, the Secretary shall, in pursuit of the goals set forth in subsection (a)(2), conduct tests and evaluations of the technologies researched and developed during the research and development phase of the Program. (2) DIRECT AIR CAPTURE.—The testing and evaluation phase of the Program may include demonstration projects for direct air capture to produce fuels for use— (A) at military installations or facilities of the Department of Defense; or (B) in modes of transportation by the Navy or the Coast Guard. (3) COMMENCEMENT.—Subject to subsection (a)(3)(B), the Secretary shall commence carrying out the testing and evaluation phase of the Program on the date of the completion of the research and development phase described in subsection (b), except that the testing and evaluation phase of the Program with respect to direct air capture may commence at such time after a front end engineering and design study demonstrates to the Secretary that commencement of such phase is appropriate. (4) GRANTS AUTHORIZED.—The Secretary may carry out the testing and evaluation phase of the Program through the award of grants to private persons and eligible laboratories. (5) LOCATIONS.—The Secretary shall carry out the testing and evaluation phase of the Program at military installations or facilities of the Department of Defense. (6) REPORT REQUIRED.—Not later than September 30, 2026, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the effectiveness of the technologies tested and evaluated under the Program. (d) Definitions.—In this section: (1) The term “blue carbon capture” means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems. (2) (A) The term “direct air capture”, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air. (B) The term “direct air capture” does not include any facility, technology, or system that captures carbon dioxide— (i) that is deliberately released from a naturally occurring subsurface spring; or (ii) using natural photosynthesis. (3) The term “eligible laboratory” means— (A) a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); (B) a science and technology reinvention laboratory designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note); (C) the Major Range and Test Facility Base (as defined in section 2358a(f) of title 10, United States Code); or (D) any other facility that supports the research, development, test, and evaluation activities of the Department of Defense or the Department of Energy. SEC. 224. Requiring defense microelectronics products and services meet trusted supply
chain and operational security standards. (a) Purchases.—To protect the United States from intellectual property theft and to ensure national security and public safety in the application of new generations of wireless network technology and microelectronics, beginning no later than January 1, 2023, the Secretary of Defense shall ensure that each microelectronics product or service that the Department of Defense purchases on or after such date meets the applicable trusted supply chain and operational security standards established pursuant to subsection (b), except in a case in which the Department seeks to purchase a microelectronics product or service but— (1) no such product or service is available for purchase that meets such standards; or (2) no such product or service is available for purchase that— (A) meets such standards; and (B) is available at a price that the Secretary does not consider prohibitively expensive. (b) Trusted supply chain and operational security standards.— (1) STANDARDS REQUIRED.— (A) Not later than January 1, 2021, the Secretary shall establish trusted supply chain and operational security standards for the purchase of microelectronics products and services by the Department. (B) For purposes of this section, a trusted supply chain and operational security standard— (i) is a standard that systematizes best practices relevant to— (I) manufacturing location; (II) company ownership; (III) workforce composition; (IV) access during manufacturing, suppliers’ design, sourcing, manufacturing, packaging, and distribution processes; (V) reliability of the supply chain; and (VI) other matters germane to supply chain and operational security; and (ii) is not a military standard (also known as “MIL-STD”) or a military specification (also known as “MIL-SPEC”) for microelectronics that— (I) specifies individual features for Department of Defense microelectronics; or (II) otherwise inhibits the acquisition by the Department of securely manufactured, commercially-available products. (2) CONSULTATION REQUIRED.—In developing standards under paragraph (1), the Secretary shall consult with the following: (A) The Secretary of Homeland Security, the Secretary of State, the Secretary of Commerce, and the Director of the National Institute of Standards and Technology. (B) Suppliers of microelectronics products and services from the United States and allies and partners of the United States. (C) Representatives of major United States industry sectors that rely on a trusted supply chain and the operational security of microelectronics products and services. (D) Representatives of the United States insurance industry. (3) TIERS OF TRUST AND LEVELS OF SECURITY AUTHORIZED.—In carrying out paragraph (1), the Secretary may establish tiers and levels of trust and security within the supply chain and operational security standards for microelectronics products and services. (4) GENERAL APPLICABILITY.—The standards established pursuant to paragraph (1) shall be, to the greatest extent practicable, generally applicable to the trusted supply chain and operational security needs and use cases of the United States Government and commercial industry, such that the standards could be widely adopted by government agencies, commercial industry, and allies and partners of the United States as the basis for procuring microelectronics products and services. (5) ANNUAL REVIEW.—Not later than October 1 of each year, the Secretary shall, in consultation with persons and entities set forth under paragraph (2), review the standards established pursuant to paragraph (1) and issue updates or modifications as the Secretary considers necessary or appropriate. (c) Ensuring ability to sell commercially.— (1) IN GENERAL.—The Secretary shall, to the greatest extent practicable, ensure that suppliers of microelectronics products and services for the Department of Defense subject to subsection (a) are able and incentivized to sell products commercially and to governments of allies and partners of the United States that are produced on the same production lines as the microelectronics products supplied to the Department of Defense. (2) EFFECT OF REQUIREMENTS AND ACQUISITIONS.—The Secretary shall, to the greatest extent practicable, ensure that the requirements of the Department and the acquisition by the Department of microelectronics enable the success of a dual-use microelectronics industry. (d) Maintaining competition and innovation.—The Secretary shall take such actions as the Secretary considers necessary and appropriate, within the Secretary’s authorized activities to maintain the health of the defense industrial base, to ensure that— (1) providers of microelectronics products and services that meet the standards established under subsection (b) are exposed to competitive market pressures to achieve competitive pricing and sustained innovation; and (2) the industrial base of microelectronics products and services that meet the standards established under subsection (b) includes providers manufacturing in the United States or in countries that are allies or partners of the United States. SEC. 225. Development and acquisition strategy to procure secure, low probability of
detection data link network capability. (a) Strategy required.—Not later than March 1, 2020, the Chief of Staff of the Air Force, the Chief of Naval Operations, and the Chief of Staff of the Army shall jointly submit to the congressional defense committees a joint development and acquisition strategy to procure a secure, low probability of detection data link network capability, with the ability to effectively operate in hostile jamming environments while preserving the low observability characteristics of the relevant platforms, including both existing and planned platforms. (b) Network characteristics.—The data link network capability to be procured pursuant to the development and acquisition strategy submitted under subsection (a) shall— (1) ensure that any network made with such capability will be low risk and affordable, with minimal impact or change to existing host platforms and minimal overall integration costs; (2) use a non-proprietary and open systems approach compatible with the Rapid Capabilities Office Open Mission Systems initiative of the Air Force, the Future Airborne Capability Environment initiative of the Navy, and the Modular Open Systems Architecture initiative of the Army; and (3) provide for an architecture to connect, with operationally relevant throughput and latency— (A) fifth-generation combat aircraft; (B) fifth-generation and fourth-generation combat aircraft; (C) fifth-generation and fourth-generation combat aircraft and appropriate support aircraft and other network nodes for command, control, communications, intelligence, surveillance, and reconnaissance purposes; and (D) fifth-generation and fourth-generation combat aircraft and their associated network-enabled precision weapons. (c) Limitation.—Of the funds authorized to be appropriated by this Act for fiscal year 2020 for operation and maintenance for the Office of the Secretary of the Air Force, for operation and maintenance for the Office of the Secretary of the Navy, and for operations and maintenance for the Office of the Secretary of the Army, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Chief of Staff of the Air Force, the Chief of Naval Operations, and the Chief of Staff of the Army, respectively, submit the development and acquisition strategy required by subsection (a). SEC. 226. Establishment of secure next-generation wireless network (5G) infrastructure
for the Nevada Test and Training Range and base
infrastructure. (a) Establishment required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish secure fifth-generation wireless network components and capabilities at no fewer than two Department of Defense installations in accordance with this section. (1) LOCATIONS.—The Secretary shall establish components and capabilities under subsection (a) at the following: (A) The Nevada Test and Training Range, which shall serve as a Major Range and Test Facility Base (MRTFB) for fifth-generation wireless networking. (B) Such Department installations or other installations as the Secretary considers appropriate for the purpose set forth in paragraph (2). (2) PURPOSE.—The purpose of the establishment of components and capabilities under subsection (a) at the locations described in paragraph (1) of this subsection is to demonstrate the following: (A) The potential military utility of high bandwidth, scalable, and low latency fifth-generation wireless networking technology. (B) Advanced security technology that is applicable to fifth-generation networks as well as legacy Department command and control networks. (C) Secure interoperability with fixed and wireless systems (legacy and future systems). (D) Enhancements such as spectrum and waveform diversity, frequency hopping and spreading, and beam forming for military requirements. (E) Technology for dynamic network slicing for specific use cases and applications requiring varying levels of latency, scale, and throughput. (F) Technology for dynamic spectrum sharing and network isolation. (G) Base infrastructure installation of high bandwidth, scalable, and low latency fifth-generation wireless networking technology. (H) Applications for secure fifth-generation wireless network capabilities for the Department, such as the following: (i) Interactive augmented reality or synthetic training environments. (ii) Internet of things devices. (iii) Autonomous systems. (iv) Advanced manufacturing through the following: (I) Department-sponsored centers for manufacturing innovation (as defined in section 34(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(c))). (II) Department research and development organizations. (III) Manufacturers in the defense industrial base of the United States. SEC. 227. Administration of manufacturing innovation institutes funded by the
Department of Defense. (a) In general.—The Secretary of Defense shall make such changes to the administration of covered institutes so as— (1) to encourage covered institutes to leverage existing workforce development programs across the Federal Government and State governments in order to build successful workforce development programs; (2) to develop metrics to evaluate the workforce development performed by the covered institutes, including metrics on job quality, career pathways, wages and benefits, and efforts to support veterans, and progress in aligning workforce skillsets with the current and long-term needs of the Department of Defense and the defense industrial base; (3) to allow metrics to vary between covered institutes and be updated and evaluated continuously in order to more accurately evaluate covered institutes with different goals and missions; (4) to encourage covered institutes to consider developing technologies that were previously funded by Federal Government investment for early-stage research and development and expand cross-government coordination and collaboration to achieve this goal; (5) to provide an opportunity for increased Department of Defense input and oversight from senior-level military and civilian personnel on future technology roadmaps produced by covered institutes; (6) to reduce the barriers to collaboration between and among multiple covered institutes; (7) to use contracting vehicles that can increase flexibility, reduce barriers for contracting with subject-matter experts and small and medium enterprises, enhance partnerships between covered institutes, and reduce the time to award contracts at covered institutes; and (8) to overcome barriers to the adoption of manufacturing processes and technologies developed by the covered institutes by the defense and commercial industrial base, particularly small and medium enterprises, by engaging with public and private sector partnerships and appropriate government programs and activities, including the Hollings Manufacturing Extension Partnership. (b) Coordination with other activities.—The Secretary shall carry out this section in coordination with activities undertaken under— (1) the Manufacturing Technology Program established under section 2521 of title 10, United States Code; (2) the Manufacturing Engineering Education Program established under section 2196 of such title; (3) the Defense Manufacturing Community Support Program established under section 846 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232); (4) manufacturing initiatives of the Secretary of Commerce, the head of the National Office of the Manufacturing USA Network, the Secretary of Energy, and such other government and private sector organizations as the Secretary of Defense considers appropriate; and (5) such other activities as the Secretary considers appropriate. (c) Definition of covered institute.—In this section, the term “covered institute” means a manufacturing innovation institute that is funded by the Department of Defense. (a) Program authorized.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, may carry out a research program on foreign malign influence operations as part of the university research programs of the Department of Defense. (b) Program objectives.—The objectives of a research program carried out under subsection (a) should include the following: (1) Enhance the understanding of foreign malign influence operations, including activities conducted on social media platforms. (2) Facilitate the analysis of publicly available or voluntarily provided indicators of foreign malign influence operations. (3) Promote collaborative research and information exchange with relevant entities within the Department of Defense and with other agencies or nongovernmental organizations relating to foreign malign influence operations, as appropriate. (c) Notice to Congress.—Not later than 30 days before initiating a research program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees notice of the intent of the Secretary to initiate such a program, which shall include— (1) a detailed description of the program and any related research activities; (2) the estimated cost and duration of the program; and (3) any other matters the Secretary determines to be relevant. (1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Under Secretary of Defense for Personnel and Readiness, shall conduct an assessment of critical skillsets required across, and the diversity of, the research and engineering workforce of the Department of Defense, including the science and technology reinvention laboratories, to support emerging and future warfighter technologies. (2) ELEMENTS.—The assessment required by paragraph (1) shall include analysis of the following: (A) The percentage of women and minorities employed in the research and engineering workforce of the Department of Defense as of the date of the assessment. (B) Of the individuals hired into the research and engineering workforce of the Department in the five years preceding the date of the assessment, the percentage of such individuals who are women and minorities. (C) The effectiveness of existing hiring, recruitment, and retention incentives for women and minorities in the research and engineering workforce of the Department. (D) The effectiveness of the Department in recruiting women and minorities into the laboratory workforce after such individuals complete work on Department-funded research, projects, grant projects, fellowships, and STEM programs. (E) The geographical diversity of the workforce across various geographic regions. (1) IN GENERAL.—Based on the results of the assessment conducted under subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Secretaries of the military departments, shall develop and implement a plan to diversify and strengthen the research and engineering workforce of the Department of Defense. (2) ELEMENTS.—The plan required by paragraph (1) shall— (A) align with science and technology strategy priorities of the Department of Defense, including the emerging and future warfighter technology requirements identified by the Department; (B) except as provided in subsection (c)(2), set forth steps for the implementation of each recommendation included in the 2013 report of the RAND corporation titled “First Steps Toward Improving DoD STEM Workforce Diversity”; (C) harness the full range of the Department’s STEM programs and other Department sponsored programs to develop and attract top talent; (D) use existing authorities to attract and retain students, academics, and other talent; (E) establish and use contracts, agreements, or other arrangements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including historically black colleges and universities and other minority-serving institutions (as described in section 371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy and efficient access to research and researchers for Government sponsored basic and applied research and studies at each institution, including contracts, agreements, and other authorized arrangements such as those authorized under— (i) section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note); and (ii) such other authorities as the Secretary determines to be appropriate; and (F) include recommendations for changes in authorities, regulations, policies, or any other relevant areas that would support the achievement of the goals set forth in the plan. (3) SUBMITTAL TO CONGRESS.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— (A) the plan developed under paragraph (1); and (B) with respect to each recommendation described in paragraph (2)(B) that the Secretary has implemented or expects to implement— (i) a summary of actions that have been taken to implement the recommendation; and (ii) a schedule, with specific milestones, for completing the implementation of the recommendation. (c) Deadline for implementation.— (1) IN GENERAL.—Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall carry out activities to implement the plan developed under subsection (b). (2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.— (A) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommendation described in subsection (b)(2)(B) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date. (B) NONIMPLEMENTATION.—The Secretary of Defense may opt not to implement a recommendation described in subsection (b)(2)(B) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)— (i) a specific justification for the decision not to implement the recommendation; and (ii) a summary of the alternative actions the Secretary plans to take to address the issues underlying the recommendation. (d) STEM defined.—In this section, the term “STEM” means science, technology, engineering, and mathematics. (1) IN GENERAL.—It shall be a policy of the Department of Defense to promote and maintain digital expertise and software development as core competencies of civilian and military workforces of the Department, and as a capability to support the National Defense Strategy, which policy shall be achieved by— (A) the recruitment, development, and incentivization of retention in and to the civilian and military workforce of the Department of individuals with aptitude, experience, proficient expertise, or a combination thereof in digital expertise and software development; (B) at the discretion of the Secretaries of the military departments, the development and maintenance of civilian and military career tracks related to digital expertise, and related digital competencies for members of the Armed Forces, including the development and maintenance of training, education, talent management, incentives, and promotion policies in support of members at all levels of such career tracks; and (C) the development and application of appropriate readiness standards and metrics to measure and report on the overall capability, capacity, utilization, and readiness of digital engineering professionals to develop and deliver operational capabilities and employ modern business practices. (2) DIGITAL ENGINEERING DEFINED.—For purposes of this section, the term “digital engineering” means the discipline and set of skills involved in the creation, processing, transmission, integration, and storage of digital data, including data science, machine learning, software engineering, software product management, and artificial intelligence product management. (b) Implementation plan.—Not later than May 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that describes how the Department of Defense will execute the policy described in subsection (a). (1) APPOINTMENT OF OFFICER.—Not later than 270 days after the date of enactment of this Act, the Secretary of Defense may appoint a civilian official responsible for the development and implementation of the policy and implementation plan set forth in subsections (a) and (b), respectively. The official shall be known as the “Chief Digital Engineering Recruitment and Management Officer of the Department of Defense”. (2) EXPIRATION OF APPOINTMENT.—The appointment of the Officer under paragraph (1) shall expire on September 30, 2024. (a) Digital engineering capability.— (1) IN GENERAL.—The Secretary of Defense shall establish a digital engineering capability to be used— (A) for the development and deployment of digital engineering models for use in the defense acquisition process; and (B) to provide testing infrastructure and software to support automated approaches for testing, evaluation, and deployment throughout the defense acquisition process. (2) REQUIREMENTS.—The capability developed under subsection (a) shall meet the following requirements: (A) The capability will be accessible to, and useable by, individuals throughout the Department of Defense who have responsibilities relating to capability design, development, testing, evaluation, and operation. (B) The capability will provide for the development, validation, use, curation, and maintenance of technically accurate digital systems, models of systems, subsystems, and their components, at the appropriate level of fidelity to ensure that test activities adequately simulate the environment in which a system will be deployed. (C) The capability will include software to automate testing throughout the program life cycle, including to satisfy developmental test requirements and operational test requirements. Such software may be developed in accordance with the authorities provided under section 800, and shall support— (i) security testing that includes vulnerability scanning and penetration testing performed by individuals, including threat-based red team exploitations and assessments with zero-trust assumptions; and (ii) high-confidence distribution of software to the field on a time-bound, repeatable, frequent, and iterative basis. (b) Demonstration activities.— (1) IN GENERAL.—In developing the capability required under subsection (a), the Secretary of Defense shall carry out activities to demonstrate digital engineering approaches to automated testing that— (A) enable continuous software development and delivery; (B) satisfy developmental test requirements for the software-intensive programs of the Department of Defense; and (C) satisfy operational test and evaluation requirements for such programs. (2) PROGRAM SELECTION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess and select not fewer than four and not more than ten programs of the Department of Defense to participate in the demonstration activities under paragraph (1), including— (A) at least one program participating in the pilot program authorized under section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note); (B) at least one program participating in the pilot program authorized under section 874 of such Act (Public Law 115–91; 10 U.S.C. 2302 note); (C) at least one major defense acquisition program (as defined in section 2430 of title 10, United States Code); (D) at least one command and control program; (E) at least one defense business system (as defined in section 2222(i) of title 10, United States Code); and (F) at least one program from each military service. (3) ADDITIONAL REQUIREMENTS.—As part of the demonstration activities under paragraph (1), the Secretary shall— (A) conduct a comparative analysis that assesses the risks and benefits of the digital engineering supported automated testing approaches of the programs participating in the demonstration activities relative to traditional testing approaches that are not supported by digital engineering; (B) ensure that the intellectual property strategy for each of the programs participating in the demonstration activities is best aligned to meet the goals of the program; and (C) develop a workforce and infrastructure plan to support any new policies and guidance implemented in connection with the demonstration activities, including any policies and guidance implemented after the completion of such activities. (c) Policies and guidance required.—Not later than one year after the date of the enactment of this Act, based on the results of the demonstration activities carried out under subsection (b), the Secretary of Defense shall issue or modify policies and guidance to— (1) promote the use of digital engineering capabilities for development and for automated testing; and (2) address roles, responsibilities, and procedures relating to such capabilities. (1) IN GENERAL.—The Secretary of Defense shall establish a steering committee to assist the Secretary in carrying out subsections (a) through (c). (2) MEMBERSHIP.—The steering committee shall be composed of the following members or their designees: (A) The Under Secretary of Defense for Research and Engineering. (B) The Under Secretary of Defense for Acquisition and Sustainment. (C) The Chief Information Officer. (D) The Director of Operational Test and Evaluation. (E) The Director of Cost Assessment and Program Evaluation. (F) The Service Acquisition Executives. (G) The Service testing commands. (H) The Director of the Defense Digital Service. (1) IMPLEMENTATION.—Not later than March 15, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in implementing subsections (a) through (c). The report shall include an explanation of how the results of the demonstration activities carried out under subsection (b) will be incorporated into the policy and guidance required under subsection (c), particularly the policy and guidance of the members of the steering committee established under subsection (d). (2) LEGISLATIVE RECOMMENDATIONS.—Not later than October 15, 2020, the Secretary of Defense shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to facilitate the implementation of subsections (a) through (c). (1) IN GENERAL.—Not later than March 15, 2021, the Defense Innovation Board and the Defense Science Board shall jointly complete an independent assessment of the progress of the Secretary in implementing subsections (a) through (c). The Secretary of Defense shall ensure that the Defense Innovation Board and the Defense Science Board have access to the resources, data, and information necessary to complete the assessment. (2) INFORMATION TO CONGRESS.—Not later than 30 days after the date on which the assessment under paragraph (1) is completed, the Defense Innovation Board and the Defense Science Board shall jointly provide to the congressional defense committees— (A) a report summarizing the assessment; and (B) a briefing on the findings of the assessment. (a) Alignment of policy and technological development.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process to ensure that the policies of the Department of Defense relating to emerging technology are formulated and updated continuously as such technology is developed by the Department. (b) Elements.—As part of the process established under subsection (a), the Secretary shall— (1) specify the role of each covered official in ensuring that the formulation of policies relating to emerging technology is carried out concurrently with the development of such technology; and (2) incorporate procedures for the continuous legal review of— (A) weapons and other defense systems that incorporate or use emerging technology; and (B) treaties that may be affected by such technology. (c) Briefing required.—Not later than 30 days after the date on which the Secretary of Defense establishes the process required under subsection (a), the Secretary shall provide to the congressional defense committees a briefing on such process. (d) Definitions.—In this section: (1) The term “covered official” means the following: (A) The Chairman of the Joint Chiefs of Staff. (B) The Under Secretary of Defense for Research and Engineering. (C) The Under Secretary of Defense for Acquisition and Sustainment. (D) The Under Secretary of Defense for Policy. (E) The commanders of combatant commands with responsibilities involving the use of weapons or other defense systems that incorporate or use emerging technology, as determined by the Secretary of Defense. (F) The Secretaries of the military departments. (2) The term “emerging technology” means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, technology for the analysis of large and diverse sets of data (commonly known as “big data analytics”), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, biotechnology, and such other technology as may be identified by the Secretary. (1) AUTHORITY OF DEPUTY SECRETARY OF DEFENSE.—The Deputy Secretary of Defense shall exercise authority and direction over the Strategic Capabilities Office of the Department of Defense (referred to in this section as the “Office”). (2) AUTHORITY OF DIRECTOR.—The Director of the Office shall report directly to the Deputy Secretary of Defense. (3) DELEGATION.—In exercising authority and direction over the Office under subsection (a), the Deputy Secretary of Defense may delegate administrative, management, and other duties to the Director of the Defense Advanced Research Projects Agency, as needed, to effectively and efficiently execute the mission of the Office. (1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Deputy Secretary of Defense shall establish the following cross-functional teams to improve the effectiveness of the Office: (A) A transition cross-functional team to improve the efficiency and effectiveness with which the programs of the Office may be transitioned into— (i) research and development programs of the military services and other agencies of the Department of Defense; and (ii) programs of such services and agencies in operational use. (B) A technical cross functional team to improve the continuous technical assessment and review of the programs of the Office during program selection and execution. (2) MEMBERSHIP.—The Deputy Secretary of Defense shall select individuals to serve on the cross-functional teams described in paragraph (1) from among individuals in the defense research and engineering enterprise, acquisition community, Joint Staff, combatant commands, and other organizations, as determined to be appropriate by the Deputy Secretary. (a) In general.—The Secretary of Defense, in consultation with the Secretary of Education, shall carry out a pilot program under which the Secretary provides enhanced educational support and funding to eligible entities to improve civics education programs taught by such entities. (b) Purpose.—The purpose of the pilot program is to provide enhanced civics education on the following topics: (1) Critical thinking and media literacy. (2) Voting and other forms of political and civic engagement. (3) Interest in employment, and careers, in public service. (4) Understanding of United States law, history, and Government. (5) The ability of participants to collaborate and compromise with others to solve problems. (c) Considerations.—In carrying out the pilot program, the Secretary of Defense shall consider innovative approaches for improving civics education. (d) Metrics and evaluations.—The Secretary of Defense shall establish metrics and undertake evaluations to determine the effectiveness of the pilot program, including each of the activities carried out under subsection (e). (e) Types of support authorized.—Under the pilot program the Secretary of Defense— (1) shall provide support to eligible entities to address, at a minimum— (A) the development or modification of curricula relating to civics education; (B) classroom activities, thesis projects, individual or team projects, internships, or community service activities relating to civics; (C) collaboration with government entities, nonprofit organizations, or consortia of such entities and organizations to provide participants with civics-related experiences; (D) civics-related faculty development programs; (E) recruitment of educators who are highly qualified in civics education to teach civics or to assist with the development of curricula for civics education; (F) presentation of seminars, workshops, and training for the development of skills associated with civic engagement; (G) activities that enable participants to interact with government officials and entities; (H) expansion of civics education programs and outreach for members of the Armed Forces, dependents and children of such members, and employees of the Department of Defense; and (I) opportunities for participants to obtain work experience in fields relating to civics; and (2) may provide any other form of support the Secretary determines to be appropriate to enhance the civics education taught by eligible entities. (f) Report.—Not later than 180 days after the conclusion of the first full academic year during which the pilot program is carried out, the Secretary of Defense shall submit to the congressional defense committees a report that includes— (1) a description of the pilot program, including the a description of the specific activities carried out under subsection (e); and (2) the metrics and evaluations used to assess the effectiveness of the program as required under subsection (d). (g) Definitions.—In this section: (1) The term “civics education program” means an educational program that provides participants with— (A) knowledge of law, government, and the rights of citizens; and (B) skills that enable participants to responsibly participate in democracy. (2) The term “eligible entity” means any of following: (A) A local education agency that hosts a unit of the Junior Reserve Officers’ Training Corps. (B) A school operated by the Department of Defense Education Activity. (1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, may establish a civilian fellowship program designed to place eligible individuals within the Department of Defense and Congress to increase the number of national security professionals with science, technology, engineering, and mathematics credentials employed by the Department. (2) DESIGNATION.—The fellowship program established under paragraph (1) shall be known as the “Technology and National Security Fellowship” (in this section referred to as the “fellows program”). (3) ASSIGNMENTS.—Each individual selected for participation in the fellows program shall be assigned to a one year position within— (A) the Department of Defense; or (B) a congressional office with emphasis on defense and national security matters. (4) PAY AND BENEFITS.—To the extent practicable, each individual assigned to a position under paragraph (3)— (A) shall be compensated at a rate of basic pay that is equivalent to the rate of basic pay payable for a position at level 10 of the General Schedule; and (B) shall be treated as an employee of the United States during the assignment. (1) ELIGIBILITY FOR DOD ASSIGNMENT.—Subject to subsection (e), an individual eligible for an assignment in the Department of Defense under subsection (a)(3)(A) is an individual who— (A) is a citizen of the United States; and (i) expects to be awarded a bachelor's degree, associate's degree, or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work not later than 180 days after the date on which the individual submits an application for participation in the fellows program; (ii) possesses a bachelor's degree, associate's degree, or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work; or (iii) is an employee of the Department of Defense and possesses a bachelor's degree, associate's degree, or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work. (2) ELIGIBILITY FOR CONGRESSIONAL ASSIGNMENT.—Subject to subsection (e), an individual eligible for an assignment in a congressional office under subsection (a)(3)(B) is an individual who— (A) meets the requirements specified in paragraph (1); and (B) has not less than 3 years of relevant work experience in the field of science, technology, engineering, or mathematics. (c) Application.—Each individual seeking to participate in the fellows program shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall specify. (d) Coordination.—In carrying out this section, the Secretary may consider working through the following entities: (1) The National Security Innovation Network. (2) Universities. (3) Science and technology reinvention laboratories and test and evaluation centers of the Department of Defense. (4) Other organizations of the Department of Defense or public and private sector organizations, as determined appropriate by the Secretary. (e) Modifications to fellows program.—The Secretary may modify the terms and procedures of the fellows program in order to better achieve the goals of the program and to support workforce needs of the Department of Defense. (f) Consultation.—The Secretary may consult with the heads of the agencies, components, and other elements of the Department of Defense, Members and committees of Congress, and such institutions of higher education and private entities engaged in work on national security and emerging technologies as the Secretary considers appropriate for purposes of the fellows program, including with respect to assignments in the fellows program. (a) Documentation required.—Not later than the date specified in subsection (b), the Secretary of the Air Force shall submit to the congressional defense committees the following documentation relating to the Advanced Battle Management System: (1) A list that identifies each program, project, and activity that contributes to the architecture of the Advanced Battle Management System. (2) The final analysis of alternatives for the Advanced Battle Management System. (3) The requirements for the networked data architecture necessary for the Advanced Battle Management System to provide multidomain command and control and battle management capabilities and a development schedule for such architecture. (b) Date specified.—The date specified in this subsection is the earlier of— (1) the date that is 180 days after the date on which the final analysis of alternatives for the Advanced Battle Management System is completed; or (2) June 1, 2020. (c) Advanced Battle Management System defined.—In this section, the term “Advanced Battle Management System” means the Advanced Battle Management System of Systems capability of the Air Force, including each program, project, and activity that contributes to such capability. (a) F–35 sensor data.—The Secretary of Defense shall ensure that— (1) information collected by the passive and active on-board sensors of the F–35 Joint Strike Fighter aircraft is capable of being shared, in real time, with joint service users in cases in which the Joint Force Commander determines that sharing such information would be operationally advantageous; and (2) the Secretary has developed achievable, effective, and suitable concepts and supporting technical architectures to collect, store, manage, and disseminate information collected by such sensors. (1) STUDY.—The Comptroller General of the United States shall conduct a study of the sensor data collection and dissemination capability of fifth generation aircraft of the Department of Defense. (2) ELEMENTS.—The study required by paragraph (1) shall include an assessment of the following— (A) the extent to which the Department has established doctrinal, organizational, or technological methods of managing the large amount of sensor data that is currently collected and which may be collected by existing and planned advanced fifth generation aircraft; (B) the status of the existing sensor data collection, storage, dissemination, and management capability and capacity of fifth generation aircraft, including the F–35, the F–22, and the B–21; and (C) the ability of the F–35 aircraft and other fifth generation aircraft to share information collected by the aircraft in real-time with other joint service users as described in subsection (a)(1). (A) INTERIM BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under this subsection. (B) FINAL RESULTS.—The Comptroller General shall provide the final results of the study conducted under this subsection to the congressional defense committees at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of the briefing under subparagraph (A). It is the sense of Congress that the Army should continue to invest in research, development, test, and evaluation programs to mature future vertical lift technologies, including programs to improve pilot situational awareness, increase flight operations safety, and reduce operation and maintenance costs. SEC. 239. Use of funds for Strategic Environmental
Research Program, Environmental Security Technical
Certification Program, and
Operational Energy Capability Improvement. Of the funds authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201 for the Strategic Environmental Research Program, Operational Energy Capability Improvement, and the Environmental Security Technical Certification Program, the Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition and Sustainment, expend amounts as follows: (1) Not less than $10,000,000 on the development and demonstration of long duration on-site energy battery storage for distributed energy assets. (2) Not less than $10,000,000 on the development, demonstration, and validation of non-fluorine based firefighting foams. (3) Not less than $10,000,000 on the development, demonstration, and validation of secure microgrids for both installations and forward operating bases. (4) Not less than $1,000,000 on the development, demonstration, and validation of technologies that can harvest potable water from air. (a) Limitation and report on Indirect Fire Protection Capability Increment 2.—Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Army may be obligated or expended for research, development, test, and evaluation for the Indirect Fire Protection Capability Increment 2 capability until the Secretary of the Army submits to the congressional defense committees a report on the Indirect Fire Protection Capability Increment 2 program that contains the following: (1) An assessment of whether the requirements previously established for the enduring program meet the anticipated threat at the time of planned initial operating capability and fully operating capability. (2) A list of candidate systems considered to meet the Indirect Fire Protection Capability Increment 2 enduring requirement, including those fielded or in development by the Army and other elements of the Department of Defense. (3) An assessment of each candidate system’s capability against representative threats. (4) An assessment of other relevant specifications of each candidate system, including cost of development, cost per round if applicable, technological maturity, and logistics and sustainment. (5) A plan for how the Army will integrate the chosen system or systems into the Integrated Air and Missile Defense Battle Command System. (6) An assessment of the results of the performance, test, evaluation, integration, and interoperability of batteries one and two of the interim solution. (b) Notification required.—Not later than 10 days after the date on which the President submits the annual budget request of the President for fiscal year 2021 pursuant to section 1105 of title 31, United States Code, the Secretary of the Defense shall, without delegation, submit to the congressional defense committees a notification identifying the military services or agencies that will be responsible for the conduct of air and missile defense in support of joint campaigns as it applies to defense against current and emerging missile threats. The notification shall identify the applicable programs of record to address such threats, including each class of cruise missile threat. SEC. 251. Master plan for implementation of authorities relating to science and
technology reinvention laboratories. (a) Plan required.—The Secretary of Defense, jointly with the Secretaries of the military departments and in consultation with the Under Secretary of Defense for Research and Engineering, shall develop a master plan for using existing authorities to strengthen and modernize the workforce and capabilities of the science and technology reinvention laboratories of the Department of Defense (referred to in this section as the “laboratories”) to enhance the ability of the laboratories to execute missions in the most efficient and effective manner. (b) Elements.—The master plan required under subsection (a) shall include, with respect to the laboratories, the following: (1) A summary of hiring and staffing deficiencies at laboratories, by location, and the effect of such deficiencies on the ability of the laboratories— (A) to meet existing and future requirements of the Department of Defense; and (B) to recruit and retain qualified personnel. (2) A summary of existing and emerging military research, development, test, and evaluation mission areas requiring the use of the laboratories. (3) An explanation of the laboratory staffing capabilities required for each mission area identified under paragraph (2). (4) Identification of specific projects, including hiring efforts and management reforms, that will be carried out— (A) to address the deficiencies identified in paragraph (1); and (B) to support the existing and emerging mission areas identified in paragraph (2). (5) For each project identified under paragraph (4)— (A) a summary of the plan for the project; (B) a description of the resources that will be applied to the project; and (C) a schedule of required investments that will be made as part of the project. (6) A description of how the Department, including each military department concerned, will carry out the projects identified in paragraph (4) using existing authorities. (7) Identification of any statutory, regulatory, or management-related barriers to implementing the master plan and a description of policy and legislative options that may be applied to address such barriers. (c) Consultation.—In developing the master plan required under subsection (a), the Secretary of Defense, the Secretaries of the military departments, and the Under Secretary of Defense for Research and Engineering shall consult with— (1) the Service Acquisition Executives with responsibilities relevant to the laboratories; (2) the commander of each military command with responsibilities relating to research and engineering that is affected by the master plan; and (3) any other officials determined to be relevant by the Secretary of Defense, the Secretaries of the military departments, and the Under Secretary of Defense for Research and Engineering. (d) Final report.—Not later than October 30, 2020, the Secretary of Defense, jointly with the Secretaries of the military departments and in consultation with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees— (1) the master plan developed under subsection (a); (2) a report on the activities carried out under this section; and (3) a report that identifies any barriers that prevent the full use and implementation of existing authorities, including any barriers presented by the policies, authorities, and activities of— (A) organizations and elements of the Department of Defense; and (B) organizations outside the Department. (a) Master plan required.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in coordination with the Secretaries of the military departments, shall develop and implement a master plan that addresses the research, development, test, and evaluation infrastructure and modernization requirements of the Department of Defense, including the science and technology reinvention laboratories and the facilities of the Major Range and Test Facility Base. (b) Elements.—The master plan required under subsection (a) shall include, with respect to the research, development, test, and evaluation infrastructure of the Department of Defense, the following: (1) A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department— (A) to meet current and future military requirements identified in the National Defense Strategy; (B) to support science and technology development and acquisition programs; and (C) to recruit and train qualified personnel. (2) A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure— (A) to improve operations in a manner that may benefit all users; (B) to enhance the overall capabilities of the research, development, test, and evaluation infrastructure, including facilities and resources; (C) to improve safety for personnel and facilities; and (D) to reduce the long-term cost of operation and maintenance. (3) Identification of specific infrastructure projects that are required to address the infrastructure deficiencies identified under paragraph (1) or to support the existing and emerging mission areas identified under paragraph (2). (4) For each project identified under paragraph (3)— (A) a description of the scope of work; (B) a cost estimate; (C) a summary of the plan for the project; (D) an explanation of the level of priority that will be given to the project; and (E) a schedule of required infrastructure investments. (5) A description of how the Department, including each military department concerned, will carry out the infrastructure projects identified in paragraph (3) using the range of authorities and methods available to the Department, including— (A) military construction authority under section 2802 of title 10, United States Code; (B) unspecified minor military construction authority under section 2805(a) of such title; (C) laboratory revitalization authority under section 2805(d) of such title; (D) the authority to carry out facility repair projects, including the conversion of existing facilities, under section 2811 of such title; (E) the authority provided under the Defense Laboratory Modernization Pilot Program under section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2358 note); (F) methods that leverage funding from entities outside the Department, including public-private partnerships, enhanced use leases and real property exchanges; (G) the authority to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation, under section 2681 of title 10, United States Code; and (H) any other authorities and methods determined to be appropriate by the Secretary of Defense. (6) Identification of any regulatory or policy barriers to the effective and efficient implementation of the master plan. (c) Consultation and coordination.—In developing and implementing the plan required under subsection (a), the Secretary of Defense shall— (1) consult with existing and anticipated customers and users of the capabilities of the Major Range and Test Facility Base and science and technology reinvention laboratories; (2) ensure consistency with the science and technology roadmaps and strategies of the Department of Defense and the Armed Forces; and (3) ensure consistency with the strategic plan for test and evaluation resources required by section 196(d) of title 10, United States Code. (d) Submittal to Congress.—Not later than January 1, 2021, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees the master plan developed under subsection (a). (e) Research, development, test, and evaluation infrastructure defined.—In this section, the term “research, development, test, and evaluation infrastructure” means the infrastructure of— (1) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note)); (2) the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and (3) other facilities that support the research development, test, and evaluation activities of the Department. (a) Plan required.—The Under Secretary of Defense for Research and Engineering shall, in coordination with the technical directors at defense laboratories and such other officials as the Under Secretary considers appropriate, develop an energetics research and development plan to ensure a long-term multi-domain research, development, prototyping, and experimentation effort that— (1) maintains United States technological superiority in energetics technology critical to national security; (2) efficiently develops new energetics technologies and transitions them into operational use, as appropriate; and (3) maintains a robust industrial base and workforce to support Department of Defense requirements for energetic materials. (b) Briefing.—Not later than one year after the date of the enactment of this Act, the Under Secretary shall brief the congressional defense committees on the plan developed under subsection (a). SEC. 254. Strategy and implementation plan for fifth generation information and
communications technologies. (a) In general.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop— (1) a strategy for harnessing fifth generation (commonly known as “5G”) information and communications technologies to enhance military capabilities, maintain a technological advantage on the battlefield, and accelerate the deployment of new commercial products and services enabled by 5G networks throughout the Department of Defense; and (2) a plan for implementing the strategy developed under paragraph (1). (b) Elements.—The strategy required under subsection (a) shall include the following elements: (1) Adoption and use of secure fourth generation (commonly known as “4G”) communications technologies and the transition to advanced and secure 5G communications technologies for military applications and for military infrastructure. (2) Science, technology, research, and development efforts to facilitate the advancement and adoption of 5G technology and new uses of 5G systems, subsystems, and components, including— (A) 5G testbeds for developing military and dual-use applications; and (B) spectrum-sharing technologies and frameworks. (3) Strengthening engagement and outreach with industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to 5G technology and the deployment of such technology, including development of a common industrial base for secure microelectronics. (4) Defense industrial base supply chain risk, management, and opportunities. (5) Preserving the ability of the Joint Force to achieve objectives in a contested and congested spectrum environment. (6) Strengthening the ability of the Joint Force to conduct full spectrum operations that enhance the military advantages of the United States. (7) Securing the information technology and weapon systems of the Department against malicious activity. (8) Advancing the deployment of secure 5G networks nationwide. (9) Such other matters as the Secretary of Defense determines to be relevant. (c) Consultation.—In developing the strategy and implementation plan required under subsection (a), the Secretary of Defense shall consult with the following: (1) The Chief Information Officer of the Department of Defense. (2) The Under Secretary of Defense for Research and Engineering. (3) The Under Secretary of Defense for Acquisition and Sustainment. (4) The Under Secretary of Defense for Intelligence. (5) Service Acquisition Executives of each military service. (1) IN GENERAL.—Not later than March 15, 2020, and not less frequently than once every three months thereafter through March 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the development and implementation of the strategy required under subsection (a), including an explanation of how the Department of Defense— (A) is using secure 5G wireless network technology; (B) is reshaping the Department’s policy for producing and procuring secure microelectronics; and (C) is working in the interagency and internationally to develop common policies and approaches. (2) ELEMENTS.—Each briefing under paragraph (1) shall include information on— (A) efforts to ensure a secure supply chain for 5G wireless network equipment and microelectronics; (B) the continued availability of electromagnetic spectrum for warfighting needs; (C) planned implementation of 5G wireless network infrastructure in warfighting networks, base infrastructure, defense-related manufacturing, and logistics; (D) steps taken to work with allied and partner countries to protect critical networks and supply chains; and (E) such other topics as the Secretary of Defense considers relevant. (a) Designation of senior official.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Under Secretary of Defense for Acquisition and Sustainment and appropriate public and private sector organizations, shall designate a single official or existing entity within the Department of Defense as the official or entity (as the case may be) with principal responsibility for guiding the development of science and technology activities related to next generation software and software reliant systems for the Department, including— (1) research and development activities on new technologies for the creation of highly secure, scalable, reliable, time-sensitive, and mission-critical software; (2) research and development activities on new approaches and tools to software development and deployment, testing, integration, and next generation software management tools to support the rapid insertion of such software into defense systems; (3) foundational scientific research activities to support advances in software; (4) technical workforce and infrastructure to support defense science and technology and software needs and mission requirements; (5) providing capabilities, including technologies, systems, and technical expertise to support improved acquisition of software reliant business and warfighting systems; and (6) providing capabilities, including technologies, systems, and technical expertise to support defense operational missions which are reliant on software. (b) Development of strategy.—The official or entity designated under subsection (a) shall develop a Department-wide strategy for the research and development of next generation software and software reliant systems for the Department of Defense, including strategies for— (1) types of software-related activities within the science and technology portfolio of the Department; (2) investment in new approaches to software development and deployment, and next generation management tools; (3) ongoing research and other support of academic, commercial, and development community efforts to innovate the software development, engineering, and testing process, automated testing, assurance and certification for safety and mission critical systems, large scale deployment, and sustainment; (4) to the extent practicable, implementing or continuing the implementation of the recommendations set forth in— (A) the final report of the Defense Innovation Board submitted to the congressional defense committees under section 872 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1497); (B) the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems described in section 868 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2223 note); and (C) other relevant studies on software research, development, and acquisition activities of the Department of Defense. (5) supporting the acquisition, technology development, testing, assurance, and certification and operational needs of the Department through the development of capabilities, including personnel and research and production infrastructure, and programs in— (A) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note)); (B) the facilities of the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); (C) the Defense Advanced Research Projects Agency; and (D) universities, federally funded research and development centers, and service organizations with activities in software engineering; and (6) the transition of relevant capabilities and technologies to relevant programs of the Department, including software-reliant cyber-physical systems, tactical systems, enterprise systems, and business systems. (c) Submittal to congress.—Not later than one year after the date of the enactment of this Act, the official or entity designated under subsection (a) shall submit to the congressional defense committees the strategy developed under subsection (b). (1) IN GENERAL.—The Secretary of Defense shall develop a strategy for educating servicemembers in relevant occupational fields on matters relating to artificial intelligence. (2) ELEMENTS.—The strategy developed under subsection (a) shall include a curriculum designed to give servicemembers a basic knowledge of artificial intelligence. The curriculum shall include instruction in— (A) artificial intelligence design; (B) software coding; (C) potential military applications for artificial intelligence; (D) the impact of artificial intelligence on military strategy and doctrine; (E) artificial intelligence decisionmaking via machine learning and neural networks; (F) ethical issues relating to artificial intelligence; (G) the potential biases of artificial intelligence; (H) potential weakness in artificial intelligence technology; (I) opportunities and risks; and (J) any other matters the Secretary of Defense determines to be relevant. (b) Implementation plan.—The Secretary of Defense shall develop a plan for implementing the strategy developed under subsection (a). (c) Submittal to congress.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees— (1) the strategy developed under subsection (a); and (2) the implementation plan developed under subsection (b). (a) Roadmap for science and technology activities to support development of cyber capabilities.— (1) ROADMAP REQUIRED.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop a roadmap for science and technology activities of the Department of Defense to support development of cyber capabilities to meet Department needs and missions. (2) GOAL OF CONSISTENCY.—The Secretary shall develop the roadmap required by paragraph (1) to ensure consistency with appropriate Federal interagency, industry, and academic activities. (3) SCOPE.—The roadmap required by paragraph (1) shall— (A) cover the development of capabilities that will likely see operational use within the next 25 years or earlier; and (B) address cyber operations and cybersecurity. (4) CONSULTATION.—The Secretary shall develop the roadmap required by paragraph (1) in consultation with the following: (A) The Chief Information Officer of the Department. (B) The secretaries and chiefs of the military departments. (C) The Director of Operational Test and Evaluation. (D) The Commander of the United States Cyber Command. (E) The Director of the National Security Agency. (F) The Director of the Defense Information Systems Agency. (G) The Director of the Defense Advanced Research Projects Agency. (H) The Director of the Defense Digital Service. (I) Such interagency partners as the Secretary considers appropriate. (5) FORM.—The Secretary shall develop the roadmap required by paragraph (1) in unclassified form, but may include a classified annex. (6) PUBLICATION.—The Secretary shall make available to the public the unclassified form of the roadmap developed pursuant to paragraph (1). (b) Annual report on cyber science and technology activities.— (1) ANNUAL REPORTS REQUIRED.—In fiscal years 2021, 2022, and 2023, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the science and technology activities within the Department of Defense relating to cyber matters during the previous fiscal year, the current fiscal year, and the following fiscal year. (2) CONTENTS.—Each report submitted pursuant to paragraph (1) shall include, for the period covered by the report, a description and listing of the science and technology activities of the Department relating to cyber matters, including the following: (A) Extramural science and technology activities. (B) Intramural science and technology activities. (C) Major and minor military construction activities. (D) Major prototyping and demonstration programs. (E) A list of agreements and activities to transition capabilities to acquisition activities, including— (i) national security systems; (ii) business systems; and (iii) enterprise and network systems. (F) Efforts to enhance the national technical cybersecurity workforce, including specific programs to support education, training, internships, and hiring. (G) Efforts to perform cooperative activities with international partners. (H) Efforts under the Small Business Innovation Research and the Small Business Technology Transfer Program, including estimated amounts to be expected in the following fiscal year. (I) Efforts to encourage partnerships between the Department of Defense and universities participating in the National Centers of Academic Excellence in Cyber Operations and Cyber Defense. (3) TIMING.—Each report submitted pursuant to paragraph (1) shall be submitted concurrently with the annual budget request of the President submitted pursuant to section 1105 of title 31, United States Code. (4) FORM.—The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (a) Documentation required.—The Secretary of the Air Force shall submit to the congressional defense committees a report on the B–52 commercial engine replacement program of the Air Force. (b) Contents.—The report submitted under subsection (a) shall include the following: (1) The acquisition strategy of the Secretary for the program. (2) The cost and schedule estimates of the Secretary for the program. (3) The key performance parameters or equivalent requirements document for the program. (4) The test and evaluation strategy of the Secretary for the program. (5) The logistics strategy of the Secretary for the program. (6) The post-production fielding strategy of the Secretary for the program. (7) An assessment of the potential for the commercial engine replacement to achieve nuclear system certification. (c) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the report required by subsection (a). SEC. 259. Commercial edge computing technologies and best practices for Department of
Defense warfighting systems. (a) Report required.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on commercial edge computing technologies and best practices for Department of Defense warfighting systems. (b) Contents.—The report submitted under subsection (a) shall include the following: (1) Identification of initial warfighting system programs of record that will benefit most from accelerated insertion of commercial edge computing technologies and best practices, resulting in significant near-term improvement in system performance and mission capability. (2) The plan of the Department of Defense to provide additional funding for the systems identified in paragraph (1) to achieve fielding of accelerated commercial edge computing technologies before or during fiscal year 2021. (3) The plan of the Department to identify, manage, and provide additional funding for commercial edge computing technologies more broadly over the next four fiscal years where appropriate for— (A) command, control, communications, and intelligence systems; (B) logistics systems; and (C) other mission-critical systems. (4) A detailed description of the policies, procedures, budgets, and accelerated acquisition and contracting mechanisms of the Department for near-term insertion of commercial edge computing technologies and best practices into military mission-critical systems. (a) Reports required.—Not later than 180 days after the date of the enactment of this Act and biannually thereafter through the end of 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the Joint Artificial Intelligence Center (referred to in this section as the “Center”). (b) Elements.—Each report under subsection (a) shall include the following: (1) Information relating to the mission and objectives of the Center. (2) A description of the National Mission Initiatives, Component Mission Initiatives, and any other initiatives of the Center, including a description of— (A) the activities carried out under the initiatives; (B) any investments made or contracts entered into under the initiatives; and (C) the progress of the initiatives. (3) A description of how the Center has sought to leverage lessons learned, share best practices, avoid duplication of efforts, and transition artificial intelligence research efforts into operational capabilities by— (A) collaborating with other organizations and elements of the Department of Defense, including the Defense Agencies and the military departments; and (B) deconflicting the activities of the Center with the activities of other organizations and elements of the Department. (4) A description of any collaboration between— (A) the Center and the private sector, national laboratories, and academia; and (B) the Center and international allies and partners. (5) The total number of military, contractor, and civilian personnel who are employed by the Center, assigned to the Center, and performing functions in support of the Center. (6) A description of the organizational structure and staffing of the Center. (7) A detailed description of the frameworks, metrics, and capabilities established to measure the effectiveness of the Center and the Center’s investments in the National Mission Initiatives and Component Mission Initiatives. (8) A description of any new policies, standards, or guidance relating to artificial intelligence that have been issued by the Chief Information Officer of the Department. (9) Identification of any ethical guidelines applicable to the use of artificial intelligence by the Department. (10) A description of any steps taken by the Center to protect systems that use artificial intelligence from any attempts to misrepresent or alter information used or provided by artificial intelligence. (c) Joint Artificial Intelligence Center defined.—In this section, the term “Joint Artificial Intelligence Center” means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note). (a) In general.—Beginning not later than December 1, 2019, and on a quarterly basis thereafter through October 1, 2022, the Assistant Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the Optionally Manned Fighting Vehicle program of the Army. (b) Elements.—Each briefing under subsection (a) shall include, with respect to the Optionally Manned Fighting Vehicle program, the following elements: (1) An overview of funding for the program, including identification of— (A) any obligations and expenditures that have been made under the program; and (B) any obligations and expenditures that are planned for the program. (2) An overview of the program schedule. (3) An assessment of the status of the program with respect to— (A) the development and approval of technical requirements; (B) technological maturity; (C) testing; (D) delivery; and (E) program management. (4) Any other matters that the Assistant Secretary considers relevant to a full understanding of the status and plans of the program. (c) Assistant Secretary defined.—In this section, the term “Assistant Secretary” means the Assistant Secretary of the Army for Acquisition, Logistics, and Technology (or the designee of the Assistant Secretary), in consultation with the Commander of the Army Futures Command (or the designee of the Commander). SEC. 262. National Study on Defense Research At Historically Black Colleges and
Universities and Other Minority Institutions. (a) Study required.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the “National Academies”) under which the National Academies will conduct a study on the status of defense research at covered institutions and the methods and means necessary to advance research capacity at covered institutions to comprehensively address the national security and defense needs of the United States. (b) Designation.—The study conducted under subsection (a) shall be known as the “National Study on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions”. (c) Elements.—The study conducted under subsection (a) shall include an examination of each of the following: (1) The degree to which covered institutions are successful in competing for and executing Department of Defense contracts and grants for defense research. (2) Best practices for advancing the capacity of covered institutions to compete for and conduct research programs related to national security and defense. (3) The advancements and investments necessary to elevate covered institutions to R2 status or R1 status on the Carnegie Classification of Institutions of Higher Education, consistent with the criteria of the classification system. (4) The facilities and infrastructure for defense-related research at covered institutions as compared to the facilities and infrastructure at institutions classified as R1 status on the Carnegie Classification of Institutions of Higher Education. (5) Incentives to attract, recruit, and retain leading research faculty to covered institutions. (6) Best practices of institutions classified as R1 status on the Carnegie Classification of Institutions of Higher Education, including best practices with respect to— (A) the establishment of a distinct legal entity to— (i) enter into contracts or receive grants from the Department; (ii) lay the groundwork for future research opportunities; (iii) develop research proposals; (iv) engage with defense research funding organizations; and (v) execute the administration of grants; and (B) determining the type of legal entity, if any, to establish for the purposes described in subparagraph (A). (7) The ability of covered institutions to develop, protect, and commercialize intellectual property created through defense-related research. (8) The total amount of defense research funding awarded to all institutions of higher education, including covered institutions, through contracts and grants for each of fiscal years 2010 through 2019 and, with respect to each such institution— (A) whether the institution established a distinct legal entity to enter into contracts or receive grants from the Department and, if so, the type of legal entity that was established; (B) the total value of contracts and grants awarded to the institution of higher education for each of fiscal years 2010 through 2019; (C) the overhead rate of the institution of higher education for fiscal year 2019; (D) the institution’s classification on the Carnegie Classification of Institutions of Higher Education; and (E) whether the institution qualifies as a covered institution. (9) Recommendations for strengthening and enhancing the programs executed under section 2362 of title 10, United States Code. (10) Recommendations to enhance the capacity of covered institutions to transition research products into defense acquisition programs or commercialization. (11) Previous executive or legislative actions by the Federal Government to address imbalances in Federal research funding, including such programs as the Defense Established Program to Stimulate Competitive Research (commonly known as “DEPSCoR”). (12) The effectiveness of the Department in attracting and retaining students specializing in science, technology, engineering, and mathematics fields from covered institutions for the Department’s programs on emerging capabilities and technologies. (13) Recommendations for the development of incentives to encourage research and educational collaborations between covered institutions and other institutions of higher education. (14) Any other matters the Secretary of Defense determines to be relevant to advancing the defense research capacity of covered institutions. (1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the President and the appropriate congressional committees an initial report that includes— (A) the findings of the study conducted under subsection (a); and (B) any recommendations that the National Academies may have for action by the executive branch and Congress to improve the participation of covered institutions in Department of Defense research and any actions that may be carried out to expand the research capacity of such institutions. (2) FINAL REPORT.—Not later than December 31, 2021, the Secretary of Defense shall submit to the President and the appropriate congressional committees a comprehensive report on the results of the study required under subsection (a). (3) FORM OF REPORTS.—Each report submitted under this subsection shall be made publicly available. (1) IN GENERAL.—Except as provided in paragraph (2), not later than March 1, 2022, the Secretary of Defense shall commence implementation of each recommendation included in the final report submitted under subsection (d)(2). (A) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommendation described paragraph (1) later than March 1, 2022, if— (i) the Secretary submits to the congressional defense committees written notice of the intent of the Secretary to delay implementation of the recommendation; and (ii) includes, as part of such notice, a specific justification for the delay in implementing the recommendation. (B) NONIMPLEMENTATION.—The Secretary of Defense may elect not to implement a recommendation described in paragraph (1), if— (i) the Secretary submits to the congressional defense committees written notice of the intent of the Secretary not to implement the recommendation; and (ii) includes, as part of such notice— (I) the reasons for the Secretary’s decision not to implement the recommendation; and (II) a summary of alternative actions the Secretary will carry out to address the purposes underlying the recommendation. (3) IMPLEMENTATION PLAN.—For each recommendation that the Secretary implements under this subsection, the Secretary shall submit to the congressional defense committees an implementation plan that includes— (A) a summary of actions that have been, or will be, carried out to implement the recommendation; and (B) a schedule, with specific milestones, for completing the implementation of the recommendation. (f) List of covered institutions.—The Secretary of Defense, in consultation with the Secretary of Education and the Presidents of the National Academies, shall make available a list identifying each covered institution examined as part of the study under subsection (a). The list shall be made available on a publicly accessible website and shall be updated not less frequently than once annually until the date on which the final report is submitted under subsection (d)(2). (g) Definitions.—In this section: (1) The term “appropriate congressional committees” means— (A) the congressional defense committees; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Education and Labor of the House of Representatives. (2) The term “covered institution” means— (A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or (B) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering. (1) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on emerging biotechnologies pertinent to national security. (2) PARTICIPATION.—Participants in the study shall include the following: (A) Such members of the Board as the Chairman of the Board considers appropriate for the study. (B) Such additional temporary members or contracted support as the Secretary— (i) selects from those recommended by the Chairman for purposes of the study; and (ii) considers to have significant technical, policy, or military expertise. (3) ELEMENTS.—The study conducted pursuant to paragraph (1) shall include the following: (A) A review of the military understanding and relevancy of applications of emerging biotechnologies to national security requirements of the Department of Defense, including— (i) a review of all research and development relating to emerging biotechnologies within the Department of Defense, including areas that demand further priority and investment; (ii) a review of interagency cooperation and collaboration on research and development relating to emerging biotechnologies between— (I) the Department; (II) other departments and agencies in the Federal Government; and (III) appropriate private sector entities that are involved in research and development relating to emerging biotechnologies; (iii) an assessment of current biotechnology research in the commercial sector, institutions of higher education, the intelligence community, and civilian agencies of the Federal Government relevant to critical Department of Defense applications of this research; (iv) an assessment of the potential national security risks of emerging biotechnologies, including risks relating to foreign powers advancing their use of emerging biotechnologies for military applications and other purposes faster than the Department; and (v) an assessment of the knowledge base of the Department with respect to emerging biotechnologies, including scientific expertise and infrastructure in the Department and the capacity of the Department to integrate emerging biotechnologies into its operational concepts, capabilities, and forces. (B) An assessment of the technical basis within the Department used to inform the intelligence community of the Department’s collection and analysis needs relating to emerging biotechnologies. (C) Development of a recommendation on a definition of emerging biotechnologies, as appropriate for the Department. (D) Development of such recommendations as the Board may have for legislative or administrative action relating to national security emerging biotechnologies for the Department. (4) ACCESS TO INFORMATION.—The Secretary shall provide the Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this section. (5) REPORT.— (A) Not later than one year after the date on which the Secretary directs the Board to conduct the study pursuant to paragraph (1), the Board shall transmit to the Secretary a final report on the study. (B) Not later than 30 days after the date on which the Secretary receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate. (b) Briefing required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on potential national security risks of emerging biotechnologies, including risks relating to foreign powers advancing their use of emerging biotechnologies for military applications and other purposes faster than the Department. SEC. 264. Independent study on optimizing resources allocated to Combating Terrorism
Technical Support Office. (a) Independent study.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center under which the center will conduct a study on the optimal use of resources allocated to the Combating Terrorism Technical Support Office. (b) Elements of study.—In carrying out the study referred to in subsection (a), the federally funded research and development center with which the Secretary enters into a contract under such subsection shall— (1) evaluate the current mission and organization of the Combating Terrorism Technical Support Office and its relation to the objectives outlined in the National Defense Strategy; (2) assess the extent to which the activities of the Combating Terrorism Technical Support Office are complementary to and coordinated with other relevant activities by other Department of Defense entities, including activities of the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, United States Special Operations Command, and the military departments; and (3) identify opportunities to improve the efficiency and effectiveness of the Combating Terrorism Technical Support Office, including through increased coordination, realignment, or consolidation with other entities of the Department of Defense, if appropriate. (c) Submission to Department of Defense.—Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center that conducts the study under subsection (a) shall submit to the Secretary of Defense a report on the results of the study in both classified and unclassified form. (d) Submission to Congress.—Not later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy of the report in both classified and unclassified form, and such comments as the Secretary may have with respect to the report. (a) Assessment.—Not later than 120 days after the date of the enactment of this Act and pursuant to the arrangement entered into under section 222, the Secretary of Defense shall seek to engage the private scientific advisory group known as “JASON” to carry out an independent assessment of electronic warfare plans and programs. (b) Elements.—In carrying out the assessment under subsection (a), JASON shall— (1) assess the strategies, programs, order of battle, and doctrine of the Department of Defense related to the electronic warfare mission area and electromagnetic spectrum operations; (2) assess the strategies, programs, order of battle, and doctrine of potential adversaries, such as China, Iran, and the Russian Federation, related to the such mission area and operations; (3) develop recommendations for improvements to the strategies, programs, and doctrine of the Department of Defense in order to enable the United States to achieve and maintain superiority in the electromagnetic spectrum in future conflicts; and (4) develop recommendations for the Secretary of Defense, Congress, and such other Federal entities as JASON considers appropriate, including recommendations for— (A) closing technical, policy, or resource gaps; (B) improving cooperation and appropriate integration within the Department of Defense entities; (C) improving cooperation between the United States and other countries and international organizations as appropriate; and (D) such other important matters identified by JASON that are directly relevant to the strategies of the Department of Defense described in paragraph (3). (c) Liaisons.—The Secretary of Defense shall appoint appropriate liaisons to JASON to support the timely conduct of the services covered by this section. (d) Materials.—The Secretary of Defense shall provide access to JASON to materials relevant to the services covered by this section, consistent with the protection of sources and methods and other critically sensitive information. (e) Clearances.—The Secretary of Defense shall ensure that appropriate members and staff of JASON have the necessary clearances, obtained in an expedited manner, to conduct the services covered by this section. (f) Report.—Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment carried out under subsection (a), including— (1) the results of the assessment with respect to each element described in subsection (b); (2) the recommendations developed by JASON pursuant to such subsection. (g) Relationship to other law.—The assessment required under subsection (a) is separate and independent from the assessment described in section 255 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1705) and shall be carried out without regard to any agreement entered into under that section or the results of any assessment conducted pursuant to such agreement. Section 2365 of title 10, United States Code, is amended— (1) in subsections (a) and (d)(2), by striking “Assistant Secretary of Defense for Research and Engineering” both places it appears and inserting “Under Secretary of Defense for Research and Engineering”; (2) in subsections (d)(3) and (e), by striking “Assistant Secretary” both places it appears and inserting “Under Secretary of Defense for Research and Engineering”; and (3) in subsection (d), by striking “Assistant Secretary” both places it appears and inserting “Under Secretary”. Sec. 301. Authorization of appropriations. Sec. 311. Timeline for Clearinghouse review of applications for energy projects that may have an adverse impact on military operations and readiness. Sec. 312. Authority to accept contributions of funds from applicants for energy projects for mitigation of impacts on military operations and readiness. Sec. 313. Use of proceeds from sale of recyclable materials. Sec. 314. Disposal of recyclable materials. Sec. 315. Department of Defense improvement of previously conveyed utility systems serving military installations. Sec. 316. Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard. Sec. 317. Use of operational energy cost savings of Department of Defense. Sec. 318. Sale of electricity from alternate energy and cogeneration production facilities. Sec. 319. Energy resilience programs and activities. Sec. 320. Technical and grammatical corrections and repeal of obsolete provisions relating to energy. Sec. 321. Transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent. Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous film-forming foam at military installations. Sec. 324. Prohibition on use of fluorinated aqueous film forming foam for training exercises. Sec. 325. Real-time sound-monitoring at Navy installations where tactical fighter aircraft operate. Sec. 326. Development of extreme weather vulnerability and risk assessment tool. Sec. 327. Removal of barriers that discourage investments to increase military installation resilience. Sec. 328. Budgeting of Department of Defense relating to extreme weather. Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in Meals Ready-to-Eat Food Packaging. Sec. 330. Disposal of materials containing per- and polyfluoroalkyl substances or aqueous film-forming foam. Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl and polyfluoroalkyl substances and other contaminants of concern. Sec. 332. Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances. Sec. 333. Plan to phase out use of burn pits. Sec. 334. Information relating to locations of burn pit use. Sec. 335. Data quality review of radium testing conducted at certain locations of the Department of the Navy. Sec. 336. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota. Sec. 337. Pilot program for availability of working-capital funds for increased combat capability through energy optimization. Sec. 338. Report on efforts to reduce high energy intensity at military installations. Sec. 341. Short title. Sec. 342. Definitions. Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural purposes. Sec. 344. Acquisition of real property by Air Force. Sec. 345. Remediation plan. Sec. 351. Materiel readiness metrics and objectives. Sec. 352. Clarification of authority regarding use of working-capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities. Sec. 353. Modification to limitation on length of overseas forward deployment of naval vessels. Sec. 354. Extension of temporary installation reutilization authority for arsenals, depots, and plants. Sec. 355. F–35 Joint Strike Fighter sustainment. Sec. 356. Report on strategic policy for prepositioned materiel and equipment. Sec. 357. Pilot program to train skilled technicians in critical shipbuilding skills. Sec. 358. Requirement for military department inter-service depot maintenance. Sec. 359. Strategy to improve infrastructure of certain depots of the Department of Defense. Sec. 361. Readiness reporting. Sec. 362. Technical correction to deadline for transition to Defense Readiness Reporting System Strategic. Sec. 363. Report on Navy ship depot maintenance budget. Sec. 364. Report on Runit Dome. Sec. 365. Prohibition on subjective upgrades by commanders of unit ratings in monthly readiness reporting on military units. Sec. 366. Requirement to include foreign language proficiency in readiness reporting systems of Department of Defense. Sec. 371. Prevention of encroachment on military training routes and military operations areas. Sec. 372. Expansion and enhancement of authorities on transfer and adoption of military animals. Sec. 373. Extension of authority for Secretary of Defense to use Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 374. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance. Sec. 375. Defense personal property program. Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility. Sec. 377. Sense of Congress regarding Innovative Readiness Training program. Sec. 378. Detonation chambers for explosive ordnance disposal. Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. SEC. 311. Timeline for Clearinghouse review of applications for energy projects that
may have an adverse impact on military operations and
readiness. Section 183a(c)(1) of title 10, United States Code, is amended by striking “60 days” and inserting “75 days”. SEC. 312. Authority to accept contributions of funds from applicants for energy
projects for mitigation of impacts on military operations
and readiness. Section 183a(f) of title 10, United States Code, is amended by striking “for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49” and inserting “for an energy project”. Section 2577(c) of title 10, United States Code, is amended by striking “$2,000,000” and inserting “$10,000,000”. Section 2577(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) In this section, the term ‘recyclable materials’ may include any quality recyclable material provided to the Department by a State or local government entity, if such material is authorized by the Office of the Secretary of Defense and identified in the regulations prescribed under paragraph (1).”. SEC. 315. Department of Defense improvement of previously conveyed utility systems
serving military installations. Section 2688 of title 10, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection (k): “(k) Improvement of conveyed utility systems.—In the case of a utility system that is conveyed under this section and that only provides utility services to a military installation, the Secretary concerned may use amounts authorized to be appropriated for military construction to improve the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system.”. SEC. 316. Modification of Department of Defense environmental restoration authorities
to include Federal Government facilities used by National
Guard. (a) In general.—Section 2707 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) Authority for National Guard projects.—Notwithstanding subsection (a) of this section and section 2701(c)(1) of this title, the Secretary concerned may use funds described in subsection (c) to carry out an environmental restoration project at a facility in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA.”. (b) Definition of facility.—Section 2700(2) of such title is amended— (1) by striking “The terms” and inserting “(A) The terms”; and (2) by adding at the end the following new subparagraph: “(B) The term ‘facility’ includes real property that is owned by, leased to, or otherwise possessed by the United States at locations at which military activities are conducted under this title or title 32 (including real property owned or leased by the Federal Government that is licensed to and operated by a State for training for the National Guard).”. (c) Inclusion of pollutants and contaminants in environmental response actions.—Section 2701(c) of such title is amended by inserting “or pollutants or contaminants” after “hazardous substances” each place it appears. (d) Savings clause.—Nothing in this section, or the amendments made by this section, shall affect any requirement or authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). Section 2912 of title 10, United States Code, is amended— (1) in subsection (a), by striking “subsection (b)” and inserting “subsection (b) or (c), as the case may be,”; (2) in subsection (b), in the matter preceding paragraph (1), by striking “The Secretary of Defense” and inserting “Except as provided in subsection (c) with respect to operational energy cost savings, the Secretary of Defense”; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new subsection (c): “(c) Use of operational energy cost savings.—The amount that remains available for obligation under subsection (a) that relates to operational energy cost savings realized by the Department shall be used for the implementation of additional operational energy resilience, efficiencies, mission assurance, energy conservation, or energy security within the department, agency, or instrumentality that realized that savings.”. Section 2916(b)(3)(B) of title 10, United States Code, is amended— (1) by striking “shall be available” and all that follows and inserting “shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—”; and (2) by adding at the end the following new clauses: “(i) military construction projects described in paragraph (2) that benefit the military installation where the geothermal energy resource is located; or “(ii) energy or water security projects that— “(I) benefit the military installation where the geothermal energy resource is located; “(II) the commander of the military installation determines are necessary; and “(III) are directly coordinated with local area energy or groundwater governing authorities.”. (a) Modification of annual energy management and resilience report.—Section 2925(a) of title 10, United States Code, is amended— (1) in the subsection heading, by inserting “and readiness” after “mission assurance”; (2) in the matter preceding paragraph (1), by inserting “The Secretary shall ensure that mission operators of critical facilities provide to personnel of military installations any information necessary for the completion of such report.” after “by the Secretary.”; (3) in paragraph (4), in the matter preceding subparagraph (A), by striking “megawatts” and inserting “electric and thermal loads”; and (4) in paragraph (5), by striking “megawatts” and inserting “electric and thermal loads”. (b) Funding for energy program offices.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall submit to the congressional defense committees a report stating whether the program offices specified in paragraph (2) are funded— (A) at proper levels to ensure that the energy resilience requirements of the Department of Defense are met; and (B) at levels that are not less than in any previous fiscal year. (2) PROGRAM OFFICES SPECIFIED.—The program offices specified in this paragraph are the following: (A) The Power Reliability Enhancement Program of the Army. (B) The Office of Energy Initiatives of the Army. (C) The Office of Energy Assurance of the Air Force. (D) The Resilient Energy Program Office of the Navy. (A) IN GENERAL.—The Secretaries of the military departments shall include in the report submitted under paragraph (1) a funding plan for the next five fiscal years beginning after the date of the enactment of this Act to ensure that funding levels are, at a minimum, maintained during that period. (B) ELEMENTS.—The funding plan under subparagraph (A) shall include, for each fiscal year covered by the plan, an identification of the amounts to be used for the accomplishment of energy resilience goals and objectives. (c) Establishment of targets for water use.—The Secretary of Defense shall, where life-cycle cost-effective, improve water use efficiency and management by the Department of Defense, including storm water management, by— (1) installing water meters and collecting and using water balance data of buildings and facilities to improve water conservation and management; (2) reducing industrial, landscaping, and agricultural water consumption in gallons by two percent annually through fiscal year 2030 relative to a baseline of such consumption by the Department in fiscal year 2010; and (3) installing appropriate sustainable infrastructure features on installations of the Department to help with storm water and wastewater management. SEC. 320. Technical and grammatical corrections
and repeal of obsolete provisions relating to energy. (a) Technical and grammatical corrections.— (1) TECHNICAL CORRECTIONS.—Title 10, United States Code, is amended— (A) in section 2913(c), by striking “government” and inserting “government or”; and (B) in section 2926(d)(1), in the second sentence, by striking “Defense Agencies” and inserting “the Defense Agencies”. (2) GRAMMATICAL CORRECTIONS.—Such title is further amended— (A) in section 2922a(d), by striking “resilience are prioritized and included” and inserting “energy resilience are included as critical factors”; and (B) in section 2925(a)(3), by striking “impacting energy” and all that follows through the period at the end and inserting “degrading energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number of outages and their locations, the duration of each outage, the financial effect of each outage, whether or not the mission was affected, the downtimes (in minutes or hours) the mission can afford based on mission requirements and risk tolerances, the responsible authority managing the utility, and measures taken to mitigate the outage by the responsible authority.”. (b) Clarification of applicability of conflicting amendments made by 2018 Defense Authorization Act.—Section 2911(e) of such title is amended— (1) by striking paragraphs (1) and (2) and inserting the following new paragraphs: “(1) Opportunities to reduce the current rate of consumption of energy, the future demand for energy, and the requirement for the use of energy. “(2) Opportunities to enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations.”; and (2) by striking the second paragraph (13). (c) Conforming and clerical amendments.— (1) HEADING AMENDMENT.—The heading of section 2926 of such title is amended to read as follows: (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 173 of such title is amended by striking the item relating to section 2926 and inserting the following new item:
SEC. 321. Transfer authority for funding of study and assessment on health
implications of per- and polyfluoroalkyl substances
contamination in drinking
water by Agency for Toxic Substances and Disease Registry. Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by striking “2019 and 2020” and inserting “2019, 2020, and 2021”. SEC. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free
fire-fighting agent. (a) Use of fluorine-free foam at military installations.— (1) MILITARY SPECIFICATION.—Not later than January 31, 2023, the Secretary of the Navy shall publish a military specification for a fluorine-free fire-fighting agent for use at all military installations and ensure that such agent is available for use by not later than October 1, 2023. (2) REPORT TO CONGRESS.—Concurrent with publication of the military specification under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report containing a detailed plan for implementing the transition to a fluorine-free fire-fighting agent by not later than October 1, 2023. The report shall include— (A) a detailed description of the progress of the Department of Defense to identify a fluorine-free fire-fighting agent for use as a replacement fire-fighting agent at military installations; (B) a description of any technology and equipment required to implement the replacement fire-fighting agent; (C) funding requirements, by fiscal year, to implement the replacement fire-fighting agent, including funding for the procurement of a replacement fire-fighting agent, required equipment, and infrastructure improvements; (D) a detailed timeline of remaining required actions to implement such replacement. (b) Limitation.—No amount authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended after October 1, 2023, to procure fire-fighting foam that contains in excess of one part per billion of perfluoroalkyl substances and polyfluoroalkyl substances. (c) Prohibition on use.—Fluorinated aqueous film-forming foam may not be used at any military installation on or after the earlier of the following dates: (1) October 1, 2024. (2) The date on which the Secretary determines that compliance with the prohibition under this subsection is possible. (d) Exemption for shipboard use.—Subsections (b) and (c) shall not apply to firefighting foam for use solely onboard ocean-going vessels. (1) IN GENERAL.—Subject to the limitations under paragraph (2), the Secretary of Defense may waive the prohibition under subsection (c) with respect to the use of fluorinated aqueous film-forming foam, if, by not later than 60 days prior to issuing the waiver, the Secretary— (A) provides to the congressional defense committees a briefing on the basis for the waiver and the progress to develop and field a fluorine-free fire-fighting agent that meets the military specifications issued pursuant to subsection (a), which includes— (i) detailed data on the progress made to identify a replacement fluorine-free fire-fighting agent; (ii) a description of the range of technology and equipment-based solutions analyzed to implement replacement; (iii) a description of the funding, by fiscal year, applied towards research, development, test, and evaluation of replacement firefighting agents and equipment-based solutions; (iv) a description of any completed and projected infrastructure changes; (v) a description of acquisition actions made in support of developing and fielding the fluorine-free fire-fighting agent; (vi) an updated timeline for the completion of the transition to use of the fluorine-free fire-fighting agent; and (vii) a list of the categories of installation infrastructure or specific mobile firefighting equipment sets that require the waiver along with the justification; (B) submits to the congressional defense committees certification in writing, that— (i) the waiver is necessary for either installation infrastructure, mobile firefighting equipment, or both; (ii) the waiver is necessary for the protection of life and safety; (iii) no agent or equipment solutions are available that meet the military specific issued pursuant to subsection (a); (iv) the military specification issued pursuant to subsection (a) is still valid and does not require revision; and (v) includes details of the measures in place to minimize the release of and exposure to fluorinated compounds in fluorinated aqueous film-forming foam; and (C) provides for public notice of the waiver. (2) LIMITATION.—The following limitations apply to a waiver issued under this subsection: (A) Such a waiver shall apply for a period that does not exceed one year. (B) The Secretary may extend such a waiver once for an additional period that does not exceed one year, if the requirements under paragraph (1) are met as of the date of the extension of the waiver. (C) The authority to grant a waiver under this subsection may not be delegated below the level of the Secretary of Defense. (f) Definitions.—In this section: (1) The term “perfluoroalkyl substances” means aliphatic substances for which all of the H atoms attached to C atoms in the nonfluorinated substance from which they are notionally derived have been replaced by F atoms, except those H atoms whose substitution would modify the nature of any functional groups present. (2) The term “polyfluoroalkyl substances” means aliphatic substances for which all H atoms attached to at least one (but not all) C atoms have been replaced by F atoms, in such a manner that they contain the perfluoroalkyl moiety CnF2n+1_ (for example, C8F17CH2CH2OH). SEC. 323. Prohibition of uncontrolled release of fluorinated aqueous film-forming foam
at military installations. (a) Prohibition.—Except as provided by subsection (b), the Secretary of Defense shall prohibit the uncontrolled release of fluorinated aqueous film-forming foam (hereinafter in this section referred to as “AFFF”) at military installations. (b) Exceptions.—Notwithstanding subsection (a), fluorinated AFFF may be released at military installations as follows: (1) AFFF may be released for purposes of an emergency response. (2) A non-emergency release of AFFF may be made for the purposes of testing of equipment or training of personnel, if complete containment, capture, and proper disposal mechanisms are in place to ensure no AFFF is released into the environment. The Secretary of Defense shall prohibit the use of fluorinated aqueous film forming foam for training exercises at military installations. (a) Monitoring.—The Secretary of the Navy shall conduct real-time sound-monitoring at no fewer than two Navy installations and their associated outlying landing fields on the west coast of the United States where Navy combat coded F/A–18, E/A–18G, or F–35 aircraft are based and operate and noise contours have been developed through noise modeling. Sound monitoring under such study shall be conducted— (1) during times of high, medium, and low activity over the course of a 12-month period; and (2) along and in the vicinity of flight paths used to approach and depart the selected installations and their outlying landing fields. (b) Plan for additional monitoring.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a plan for real-time sound monitoring described in subsection (a) in the vicinity of training areas predominantly overflown by tactical fighter aircraft from the selected installations and outlying landing fields, including training areas that consist of real property administered by the Federal Government (including Department of Defense, Department of Interior, and Department of Agriculture), State and local governments, and privately owned land with the permission of the owner. (c) Report required.—Not later than December 1, 2020, the Secretary of the Navy shall submit to the congressional defense committees a report on the monitoring required under subsection (a). Such report shall include— (1) the results of such monitoring; (2) a comparison of such monitoring and the noise contours previously developed with the analysis and modeling methods previously used; (3) an overview of any changes to the analysis and modeling process that have been made or are being considered as a result of the findings of such monitoring; and (4) any other matters that the Secretary determines appropriate. (d) Public availability of monitoring results.—The Secretary shall make the results of the monitoring required under subsection (a) publicly available on a website of the Department of Defense. (a) In general.—The Secretary of Defense shall consult with the entities described in subsection (b) to determine whether an existing climate vulnerability and risk assessment tool is available or can be adapted to be used to quantify the risks associated with extreme weather events and the impact of such events on networks, systems, installations, facilities, and other assets to inform mitigation planning and infrastructure development. (b) Consultation.—In determining the availability of an appropriate tool to use or adapt for use under subsection (a), the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate. (c) Best available science.—Before choosing a tool for use or adaptation for use under subsection (a), the Secretary shall obtain from a federally funded research and development center with which the Secretary has consulted under subsection (b) a certification in writing that the tool relies on the best publicly available science for the prediction of extreme weather risk and effective mitigation of that risk. (d) Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the implementation of this section. Such report shall include— (1) in the case that a tool has been chosen under subsection (a) before the date of the submittal of the report, a description of the tool and how such tool will be used by the Department; or (2) in the case that the Secretary determines that no available tool meets the requirements of the Department as described in subsection (a) or is readily adaptable for use, a plan for the development of such a tool, including the estimated cost and timeframe for development of such a tool. SEC. 327. Removal of barriers that discourage investments to increase military
installation resilience. (a) In general.—The Secretary of Defense shall— (1) identify and seek to remove barriers that discourage investments to increase military installation resilience; (2) reform policies and programs that unintentionally increased the vulnerability of systems to related extreme weather events; and (3) develop, and update at least once every four years, an adaptation plan to assess how climate impacts affected the ability of the Department of Defense to accomplish its mission, and the short-and long- term actions the Department can take to ensure military installation resilience. (b) Military installation resilience.—In this section, the term “military installation resilience” has the meaning given such term in section 101(e)(8) of title 10, United States Code. (a) In general.—The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code— (1) a dedicated budget line item for adaptation to, and mitigation of, effects of extreme weather on military networks, systems, installations, facilities, and other assets and capabilities of the Department of Defense; and (2) an estimate of the anticipated adverse impacts to the readiness of the Department and the financial costs to the Department during the year covered by the budget of the loss of, or damage to, military networks, systems, installations, facilities, and other assets and capabilities of the Department, including loss of or obstructed access to training ranges, as a result extreme weather events. (b) Disaggregation of impacts and costs.—The estimate under subsection (a)(2) shall set forth the adverse readiness impacts and financial costs under that subsection by military department, Defense Agency, and other component or element of the Department. (c) Extreme weather defined.—In this section, the term “extreme weather” means recurrent flooding, drought, desertification, wildfires, and thawing permafrost. SEC. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in
Meals Ready-to-Eat Food Packaging. (a) Prohibition.—Not later than October 1, 2021, the Director of the Defense Logistics Agency shall ensure that any food contact substances that are used to assemble and package meals ready-to-eat (MREs) procured by the Defense Logistics Agency do not contain any perfluoroalkyl substances or polyfluoroalkyl substances. (b) Definitions.—In this section: (1) PERFLUOROALKYL SUBSTANCE.—The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) POLYFLUOROALKYL SUBSTANCE.—The term “polyfluoroalkyl substance” means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. SEC. 330. Disposal of materials containing per- and polyfluoroalkyl substances or
aqueous film-forming foam. (a) In general.—The Secretary of Defense shall ensure that when materials containing per- and polyfluoroalkyl substances (referred to in this section as “PFAS”) or aqueous film forming foam (referred to in this section as “AFFF”) are disposed— (1) all incineration is conducted at a temperature range adequate to break down PFAS chemicals while also ensuring the maximum degree of reduction in emission of PFAS, including elimination of such emissions where achievable; (2) all incineration is conducted in accordance with the requirements of the Clean Air Act (42 USC 7401 et seq.), including controlling hydrogen fluoride; (3) any materials containing PFAS that are designated for disposal are stored in accordance with the requirement under part 264 of title 40, Code of Federal Regulations; and (4) all incineration is conducted at a facility that has been permitted to receive waste regulated under subtitle C of the Solid Waste Disposal Act (42 USC 6921 et seq.). (b) Scope of application.—The requirements in subsection (a) only apply to all legacy AFFF formulations containing PFAS, materials contaminated by AFFF release, and spent filters or other PFAS contaminated materials resulting from site remediation or water filtration that— (1) have been used by the Department of Defense or a military department; or (2) are being discarded for disposal by means of incineration by the Department of Defense or a military department; or (3) are being removed from sites or facilities owned or operated by the Department of Defense. SEC. 331. Agreements to share monitoring data relating to perfluoroalkyl and
polyfluoroalkyl substances and other contaminants of
concern. (a) In general.—The Secretary of Defense shall seek to enter into agreements with municipalities or municipal drinking water utilities located adjacent to military installations under which both the Secretary and the municipalities and utilities would share monitoring data relating to perfluoroalkyl substances, polyfluoroalkyl substances, and other emerging contaminants of concern collected at the military installation. (b) Publicly available website.—The Secretary of Defense shall maintain a publicly available website that provides a clearinghouse for information about the exposure of members of the Armed Forces, their families, and their communities to per- and polyfluoroalkyl substances. The information provided on the website shall include information on testing, clean-up, and recommended available treatment methodologies. (c) Public communication.—An agreement under subsection (a) does not negate the responsibility of the Secretary to communicate with the public about drinking water contamination from perfluoroalkyl substances, polyfluoroalkyl substances, and other contaminants. (d) Military installation defined.—In this section, the term “military installation” has the meaning given that term in section 2801(c) of title 10, United States Code. SEC. 332. Cooperative agreements with States to address contamination by
perfluoroalkyl and polyfluoroalkyl substances. (1) IN GENERAL.—Upon request from the Governor or chief executive of a State, the Secretary of Defense shall work expeditiously, pursuant to section 2701(d) of title 10, United States Code, to finalize a cooperative agreement, or amend an existing cooperative agreement to address testing, monitoring, removal, and remedial actions relating to the contamination or suspected contamination of drinking, surface, or ground water from PFAS originating from activities of the Department of Defense by providing the mechanism and funding for the expedited review and approval of documents of the Department related to PFAS investigations and remedial actions from an active or decommissioned military installation, including a facility of the National Guard. (2) MINIMUM STANDARDS.—A cooperative agreement finalized or amended under paragraph (1) shall meet or exceed the most stringent of the following standards for PFAS in any environmental media: (A) An enforceable State standard, in effect in that State, for drinking, surface, or ground water, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)). (B) An enforceable Federal standard for drinking, surface, or ground water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)). (C) A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)). (3) OTHER AUTHORITY.—In addition to the requirements for a cooperative agreement under paragraph (1), when otherwise authorized to expend funds for the purpose of addressing ground or surface water contaminated by a perfluorinated compound, the Secretary of Defense may, to expend those funds, enter into a grant agreement, cooperative agreement, or contract with— (A) the local water authority with jurisdiction over the contamination site, including— (i) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); and (ii) a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); or (B) a State, local, or Tribal government. (b) Report.—Beginning on February 1, 2020, if a cooperative agreement is not finalized or amended under subsection (a) within one year after the request from the Governor or chief executive under that subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees and Members of Congress a report— (1) explaining why the agreement has not been finalized or amended, as the case may be; and (2) setting forth a projected timeline for finalizing or amending the agreement. (c) Definitions.—In this section: (1) APPROPRIATE COMMITTEES AND MEMBERS OF CONGRESS.—The term “appropriate committees and Members of Congress” means— (A) the congressional defense committees; (B) the Senators who represent a State impacted by PFAS contamination described in subsection (a)(1); and (C) the Members of the House of Representatives who represent a district impacted by such contamination. (2) FULLY FLUORINATED CARBON ATOM.—The term “fully fluorinated carbon atom” means a carbon atom on which all the hydrogen substituents have been replaced by fluorine. (3) PFAS.—The term “PFAS” means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least one fully fluorinated carbon atom. (4) STATE.—The term “State” has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to phase out the use of the burn pits identified in the Department of Defense Open Burn Pit Report to Congress dated April 2019. The Secretary of Defense shall provide to the Secretary of Veterans Affairs and to Congress a list of all locations where open-air burn pits have been used by the Secretary of Defense, for the purposes of augmenting the research, healthcare delivery, disability compensation, and other activities of the Secretary of Veterans Affairs. SEC. 335. Data quality review of radium testing conducted at certain locations of the
Department of the Navy. (a) Review of radium testing.—Except as provided in subsection (b), the Secretary of the Navy shall provide for an independent third-party data quality review of all radium testing completed by contractors of the Department of the Navy at a covered location. (b) Exception.—In the case of a covered location for which an independent third-party data quality review of all radium testing completed by contractors of the Department has been conducted prior to the date of the enactment of this Act, the requirement under subsection (a) shall not apply if the Secretary of the Navy submits to the congressional defense committees a report containing— (1) a certification that such review has been conducted for such covered location; and (2) a description of the results of such review. (c) Covered location defined.—In this section, the term “covered location” means any of the following: (1) Naval Weapons Industrial Reserve Plant, Bethpage, New York. (2) Hunter’s Point Naval Shipyard, San Francisco, California. SEC. 336. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota. (a) Transfer amount.—Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Administrator of the Environmental Protection Agency— (1) in fiscal year 2020, not more than $890,790; and (2) in each of fiscal years 2021 through 2026, not more than $150,000. (b) Purpose of reimbursement.—The amount authorized to be transferred under subsection (a) is to reimburse the Environmental Protection Agency for costs the Agency has incurred and will incur relating to the response actions performed at the Twin Cities Army Ammunition Plant, Minnesota, through September 30, 2025. (c) Interagency agreement.—The reimbursement described in subsection (b) is intended to satisfy certain terms of the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Twin Cities Army Ammunition Plant that took effect in December 1987 and that provided for the recovery of expenses by the Agency from the Department of the Army. SEC. 337. Pilot program for availability of
working-capital funds for increased combat capability
through energy
optimization. (a) In general.—Notwithstanding section 2208 of title 10, United States Code, the Secretary of Defense and the military departments may use a working capital fund established pursuant to that section for expenses directly related to conducting a pilot program for energy optimization initiatives described in subsection (b). (b) Energy optimization initiatives.—Energy optimization initiatives covered by the pilot program include the research, development, procurement, installation, and sustainment of technologies or weapons system platforms, and the manpower required to do so, that would improve the efficiency and maintainability, extend the useful life, lower maintenance costs, or provide performance enhancement of the weapon system platform or major end item. (c) Limitation on certain projects.—Funds may not be used pursuant to subsection (a) for— (1) any product improvement that significantly changes the performance envelope of an end item; or (2) any single component with an estimated total cost in excess of $10,000,000. (d) Limitation in fiscal year pending timely report.—If during any fiscal year the report required by paragraph (1) of subsection (e) is not submitted by the date specified in paragraph (2) of that subsection, funds may not be used pursuant to subsection (a) during the period— (1) beginning on the date specified in such paragraph (2); and (2) ending on the date of the submittal of the report. (1) IN GENERAL.—The Secretary of Defense shall submit an annual report to the congressional defense committees on the use of the authority under subsection (a) during the preceding fiscal year. (2) DEADLINE FOR SUBMITTAL.—The report required by paragraph (1) in a fiscal year shall be submitted not later than 60 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursuant to section 1105 of title 31, United States Code. (3) RECOMMENDATION.—In the case of the report required to be submitted under paragraph (1) during fiscal year 2020, the report shall include the recommendation of the Secretary of Defense and the military departments regarding whether the authority under subsection (a) should be made permanent. (f) Sunset.—The authority under subsection (a) shall expire on October 1, 2024. (1) REPORT REQUIRED.—Not later than September 1, 2020, the Under Secretary of Defense for Acquisition and Sustainment, in conjunction with the assistant secretaries responsible for installations and environment for the military departments and the Defense Logistics Agency, shall submit to the congressional defense committees a report detailing the efforts to achieve cost savings at military installations with high energy intensity. (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) A comprehensive, installation-specific assessment of feasible and mission-appropriate energy initiatives supporting energy production and consumption at military installations with high energy intensity. (B) An assessment of current sources of energy in areas with high energy intensity and potential future sources that are technologically feasible, cost-effective, and mission-appropriate for military installations. (C) A comprehensive implementation strategy to include required investment for feasible energy efficiency options determined to be the most beneficial and cost-effective, where appropriate, and consistent with priorities of the Department of Defense. (D) An explanation on how the military departments are working collaboratively in order to leverage lessons learned on potential energy efficiency solutions. (E) An assessment of the extent to which activities administered under the Federal Energy Management Program of the Department of Energy could be used to assist with the implementation strategy under subparagraph (C). (F) An assessment of State and local partnership opportunities that could achieve efficiency and cost savings, and any legislative authorities required to carry out such partnerships or agreements. (3) COORDINATION WITH STATE, LOCAL, AND OTHER ENTITIES.—In preparing the report required under paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment may work in conjunction and coordinate with the States containing areas of high energy intensity, local communities, and other Federal agencies. (b) Definition.—In this section, the term “high energy intensity” means costs for the provision of energy by kilowatt of electricity or British Thermal Unit of heat or steam for a military installation in the United States that is in the highest 20 percent of all military installations for a military department. This subtitle may be cited as the “Prompt and Fast Action to Stop Damages Act of 2019”. In this subtitle: (1) PFOA.—The term “PFOA” means perfluorooctanoic acid. (2) PFOS.—The term “PFOS” means perfluorooctane sulfonate. SEC. 343. Provision of water uncontaminated with
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate
(PFOS) for
agricultural purposes. (1) IN GENERAL.—Using amounts authorized to be appropriated or otherwise made available for operation and maintenance for the military department concerned, or for operation and maintenance Defense-wide in the case of the Secretary of Defense, the Secretary concerned may provide water sources uncontaminated with perfluoroalkyl and polyfluoroalkyl substances, including PFOA and PFOS, or treatment of contaminated waters, for agricultural purposes used to produce products destined for human consumption in an area in which a water source has been determined pursuant to paragraph (2) to be contaminated with such compounds by reason of activities on a military installation under the jurisdiction of the Secretary concerned. (2) APPLICABLE STANDARD.—For purposes of paragraph (1), an area is determined to be contaminated with PFOA or PFOS if— (A) the level of contamination is above the Lifetime Health Advisory for contamination with such compounds issued by the Environmental Protection Agency and printed in the Federal Register on May 25, 2016; or (B) on or after the date the Food and Drug Administration sets a standard for PFOA and PFOS in raw agricultural commodities and milk, the level of contamination is above such standard. (b) Secretary concerned defined.—In this section, the term “Secretary concerned” means the following: (1) The Secretary of the Army, with respect to the Army. (2) The Secretary of the Navy, with respect to the Navy, the Marine Corps, and the Coast Guard (when it is operating as a service in the Navy). (3) The Secretary of the Air Force, with respect to the Air Force. (4) The Secretary of Defense, with respect to the Defense Agencies. (1) IN GENERAL.—The Secretary of the Air Force may acquire one or more parcels of real property within the vicinity of an Air Force base that has shown signs of contamination from PFOA and PFOS due to activities on the base and which would extend the contiguous geographic footprint of the base and increase the force protection standoff near critical infrastructure and runways. (2) IMPROVEMENTS AND PERSONAL PROPERTY.—The authority under paragraph (1) to acquire real property described in that paragraph shall include the authority to purchase improvements and personal property located on that real property. (3) RELOCATION EXPENSES.—The authority under paragraph (1) to acquire real property described in that paragraph shall include the authority to provide Federal financial assistance for moving costs, relocation benefits, and other expenses incurred in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (b) Environmental activities.—The Air Force shall conduct such activities at a parcel or parcels of real property acquired under subsection (a) as are necessary to remediate contamination from PFOA and PFOS related to activities at the Air Force base. (c) Funding.—Funds for the land acquisitions authorized under subsection (a) shall be derived from amounts authorized to be appropriated for fiscal year 2020 for military construction or the unobligated balances of appropriations for military construction that are enacted after the date of the enactment of this Act. (d) Rule of construction.—The authority under this section constitutes authority to carry out land acquisitions for purposes of section 2802 of title 10, United States Code. (a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a remediation plan for cleanup of all water at or adjacent to a military installation that is contaminated with PFOA or PFOS. (b) Study.—In preparing the remediation plan under subsection (a), the Secretary shall conduct a study on the contamination of water at military installations with PFOA or PFOS. (c) Budget amount.—The Secretary shall ensure that each budget of the President submitted to Congress under section 1105(a) of title 31, United States Code, requests funding in amounts necessary to address remediation efforts under the remediation plan submitted under subsection (a). (a) Annual report on major weapons systems sustainment.— (1) IN GENERAL.—Chapter 2 of title 10, United States Code, is amended by inserting after section 117 the following new section: “§ 118. Annual report on major weapons systems sustainment “Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report on major weapons systems sustainment for the period covered by the future years defense program specified by section 221 of this title. Such report shall include— “(1) an assessment of the materiel availability, materiel reliability, and mean down time metrics for each major weapons system; “(2) a detailed explanation of any factors that could preclude the Department of Defense or any of the military departments from meeting applicable readiness goals or objectives; and “(3) an assessment of the validity and effectiveness of the definitions used to determine defense readiness, including the terms ‘major weapons system’, ‘covered asset’, ‘total and required inventory’, ‘materiel and operational availability’, ‘materiel and operational capability’, ‘materiel and operational reliability’.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 117 the following new item:
(b) Assessment of materiel readiness and weapons system sustainment.— (1) ASSESSMENT REQUIRED.—Not later than March 1, 2020, the Secretary of Defense shall complete a comprehensive assessment of the materiel readiness and weapons systems sustainment of the Department of Defense across the Department organic industrial base and industry partners. (2) CONTENTS.—The assessment required by paragraph (1) shall include— (A) an assessment of the overall readiness strategy of the Department of Defense and the capability of such strategy to measure, track, and assess the readiness of major weapons systems; (B) an assessment of the use of objectives and metrics; (C) a description of applicable reporting requirements; and (D) applicable definitions and common usage of relevant terms, including the terms “major weapons system”, “covered asset”, “total and required inventory”, “materiel and operational availability”, “materiel and operational capability”, “materiel and operational reliability”, and “maintenance costs”. (3) SUBMISSION TO CONGRESS.—The Secretary shall provide to the congressional defense committees— (A) a briefing on the assessment required by paragraph (1) by not later than March 1, 2020; and (B) a final report on such assessment by not later than April 1, 2020. SEC. 352. Clarification of authority regarding use of working-capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities. Section 2208(u) of title 10, United States Code, is amended— (1) in paragraph (1), by striking “carry out” and inserting “fund”; (A) by striking “Section 2805” and inserting “(A) Except as provided in subparagraph (B), section 2805”; (B) by striking “carried out with” and inserting “funded using”; and (C) by adding at the end the following new subparagraph: “(B) For purposes of applying subparagraph (A), the dollar limitation specified in subsection (a)(2) of section 2805 of this title, subject to adjustment as provided in subsection (f) of such section, shall apply rather than the dollar limitation specified in subsection (c) of such section.”; and (3) in paragraph (4), by striking “carry out” and inserting “fund”. Section 323 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) Extension of limitation on length of overseas forward deployment for U.S.S. Shiloh (CG–67).—Notwithstanding subsection (b), the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG–67) is assigned a homeport in the United States by not later than September 30, 2023.”. SEC. 354. Extension of temporary installation
reutilization authority for arsenals, depots, and plants. Section 345(d) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2667 note) is amended by striking “September 30, 2020” and inserting “September 30, 2025”. (a) Limitation on use of funds.—Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Under Secretary of Defense for Acquisition and Sustainment for fiscal year 2020, not more than 75 percent may be obligated or expended until the date on which the Under Secretary submits the report required by subsection (b). (b) Report required.—The Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on steps being taken to improve the availability and accountability of F–35 parts within the supply chain. At a minimum, the report shall include a detailed plan for each of the following elements: (1) How the accountable property system of record will be updated with information from the prime contractors supplying such parts on required cost and related data with respect to the parts and how the F–35 Program Office will ensure such contractors are adhering to contractual requirements for the management, reporting, visibility, and accountability of all such parts supplied by the prime contractors. (2) How the accountability property system of record will have interfaces that allow the F–35 Program Office and other authorized entities to have proper accountability of assets in accordance with applicable Department of Defense Instructions, Department of Defense Manuals, and other applicable regulations. (3) How the F–35 Program Office, in coordination with the military departments, will ensure business rules for the prioritization of F–35 parts across all program participants are sufficient, effective, and responsive. (4) Steps being taken to ensure parts within the base, afloat, and deployment spares packages are compatible for deploying F–35 aircraft and account for updated parts demand. Not later than March 1, 2020, the Assistant Secretary of Defense for Sustainment, in coordination with the Joint Staff, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation plan for prepositioned materiel and equipment required by section 321(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 730; 10 U.S.C. 2229 note). Such report shall include each of the following: (1) A comprehensive list of the prepositioned materiel and equipment programs of the Department of Defense. (2) A detailed description of how the plan will be implemented. (3) A description of the resources required to implement the plan, including the amount of funds and personnel. (4) A description of how the plan will be reviewed and assessed to monitor progress. (5) Guidance on applying a consistent definition of prepositioning across the Department, including the military departments, the combatant commands, and the Defense Agencies. (6) A detailed description of how the Secretary will implement a joint oversight approach of the prepositioning programs of the military departments. (a) Establishment.—The Secretary of the Navy may carry out a pilot program to train individuals to become skilled technicians in critical shipbuilding skills such as welding, metrology, quality assurance, machining, and additive manufacturing. (b) Partnerships.—In carrying out the pilot program under this section, the Secretary may partner with existing Federal or State projects relating to investment and infrastructure in training and education or workforce development, such as the National Network for Manufacturing Innovation, the Industrial Base Analysis and Sustainment program of the Department of Defense, and the National Maritime Educational Council. (c) Termination.—The authority to carry out a pilot program under this section shall terminate on September 30, 2025. (d) Briefings.—If the Secretary carries out a pilot program under this section, the Secretary shall provide briefings to the Committees on Armed Services of the Senate and the House of Representatives as follows: (1) Not later than 30 days before beginning to implement the pilot program, the Secretary shall provide a briefing on the plan, cost estimate, and schedule for the pilot program. (2) Not less frequently than annually during the period when the pilot program is carried out, the Secretary shall provide briefings on the progress of the Secretary in carrying out the pilot program. (a) Joint process for technical compliance and quality control.—If the Secretary of a military department transfers any maintenance action on a platform to a depot under the jurisdiction of the Secretary of another military department, the two Secretaries shall develop and implement a process to ensure the technical compliance and quality control for the work performed. (b) Requirements.—A process developed under subsection (a) shall include the following requirements— (1) The Secretary of the military department with jurisdiction over the depot to which the maintenance action is transferred shall— (A) ensure that the technical specifications, requirements, and standards for work to be performed are provided to such action or depot; and (B) implement procedures to ensure that completed work complies with such specifications, requirements and standards. (2) The Secretary who transfers the maintenance activity or depot shall ensure that— (A) the technical specifications and requirements are clearly understood; and (B) the work performed is completed to the technical specifications, requirements, and standards prescribed under paragraph (1), and that the Secretary of the military department with jurisdiction over the depot is informed of any shortcoming or discrepancy. (c) Reports.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report containing a certification that sufficient policy and procedures are in place to ensure quality control when the depot or maintenance activities of one military department support another. The report shall include a description of known shortfalls in existing policies and procedures and actions the Department of Defense is taking to address such shortfalls. (a) Strategy required.—Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy for improving the depot infrastructure of the military departments with the objective of ensuring that all covered depots have the capacity and capability to support the readiness and material availability goals of current and future weapon systems of the Department of Defense. (b) Elements.—The strategy under subsection (a) shall include the following: (1) A comprehensive review of the conditions and performance at each covered depot, including the following: (A) An assessment of the current status of the following elements: (i) Cost and schedule performance of the depot. (ii) Material availability of weapon systems supported at the depot and the impact of the performance of the depot on that availability. (iii) Work in progress and non-operational items awaiting depot maintenance. (iv) The condition of the depot. (v) The backlog of restoration and modernization projects at the depot. (vi) The condition of equipment at the depot. (vii) the vulnerability of the depot to adverse environmental conditions and, if necessary, the investment required to withstand those conditions. (B) An identification of analytically based goals relating to the elements identified in subparagraph (A). (2) A business-case analysis that assesses investment alternatives comparing cost, performance, risk, and readiness outcomes and recommends an optimal investment approach across the Department of Defense to ensure covered depots efficiently and effectively meet the readiness goals of the Department, including an assessment of the following alternatives: (A) The minimum investment necessary to meet investment requirements under section 2476 of title 10, United States Code. (B) The investment necessary to ensure the current inventory of facilities at covered depots can meet the mission-capable, readiness, and contingency goals of the Secretary of Defense. (C) The investment necessary to execute the depot infrastructure optimization plans of each military department. (D) Any other strategies for investment in covered depots, as identified by the Secretary. (3) A plan to improve conditions and performance of covered depots that identifies the following: (A) The approach of the Secretary of Defense for achieving the goals outlined in paragraph (1)(B). (B) The resources and investments required to implement the plan. (C) The activities and milestones required to implement the plan. (D) A results-oriented approach to assess— (i) the progress of each military department in achieving such goals; and (ii) the progress of the Department in implementing the plan. (E) Organizational roles and responsibilities for implementing the plan. (F) A process for conducting regular management review and coordination of the progress of each military department in implementing the plan and achieving such goals. (G) The extent to which the Secretary has addressed recommendations made by the Comptroller General of the United States relating to depot operations during the five-year period preceding the date of submittal of the strategy under this section. (H) Risks to implementing the plan and mitigation strategies to address those risks. (c) Annual report on progress.—As part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report describing the progress made in— (1) implementing the strategy under subsection (a); and (2) achieving the goals outlined in subsection (b)(1)(B). (d) Comptroller General reports.— (1) ASSESSMENT OF STRATEGY.—Not later than January 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the extent to which the strategy under subsection (a) meets the requirements of this section. (2) ASSESSMENT OF IMPLEMENTATION.—Not later than April 1, 2022, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the strategy under subsection (a) has been effectively implemented by each military department and the Secretary of Defense. (e) Covered depot defined.—In this section, the term “covered depot” has the meaning given that term in section 2476(e) of title 10, United States Code. (a) Readiness reporting system.—Section 117 of title 10, United States Code, is amended— (1) by striking subsections (d) through (g); and (2) by redesignating subsection (h) as subsection (d). (b) Quarterly reports.—Section 482 of title 10, United States Code, is amended— (1) in the section heading, by striking “Quarterly reports: personnel and unit readiness” and inserting “Readiness reports”; (A) In the subsection heading, by striking “Quarterly Reports Required” and inserting “Reports and briefings”; (i) by striking “Not later” and inserting “(1) Not later”; and (ii) by striking “each calendar-year quarter” and inserting “the second and fourth quarter of each calendar year”; (C) by striking the second and third sentences and inserting “The Secretary of Defense shall submit each such report in writing and shall also submit a copy of each such report to the Chairman of the Joint Chiefs of Staff.”; and (D) by adding at the end the following new paragraphs: “(2) Not later than 30 days after the end of the first and third quarter of each calendar year, the Secretary of Defense shall provide to Congress a briefing regarding the military readiness of the active and reserve components. “(3) Each report under this subsection shall contain the elements required by subsection (b) for the quarter covered by the report, and each briefing shall address any changes to the elements described in subsection (b) since the submittal of the most recently submitted report.”; (3) by striking subsection (b) and inserting the following: “(b) Required elements.—The elements described in this subsection are each of the following: “(1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special operations forces, and any other area determined appropriate by the Secretary of Defense. “(2) The key contributing factors, indicators, and other relevant information related to each identified problem or deficiency. “(3) The short-term mitigation strategy the Department will employ to address each readiness problem or deficiency until a resolution is in place, as well as the timeline, cost, and any legislative remedies required to support the resolution. “(4) A summary of combat readiness ratings for the key force elements assessed, including specific information on personnel, supply, equipment, and training problems or deficiencies that affect the combat readiness ratings for each force element. “(5) A summary of each upgrade or downgrade of the combat readiness of a unit that was issued by the commander of the unit, together with the rationale of the commander for the issuance of such upgrade or downgrade. “(6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities. “(7) A summary of the readiness of the combat support and related agencies, any readiness problem or deficiency affecting any mission essential tasks of any such agency, and actions recommended to address any such problem or deficiency. “(8) A list of all Class A, Class B, and Class C mishaps that occurred in operations related to combat support and training events involving aviation, ground, or naval platforms, weapons, space, or Government vehicles, as defined by Department of Defense Instruction 6055.07, or a successor instruction. “(9) Information on the extent to which units of the armed forces have removed serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational. “(10) Such other information as determined necessary or appropriate by the Secretary of Defense.”; (4) by striking subsections (d) through (h) and subsection (j); (5) by redesignating subsection (i) as subsection (e); and (6) by inserting after subsection (c) the following new subsections (d): “(d) Semi-Annual joint force readiness review.— (1) Not later than 30 days after the last day of the first and third quarter of each calendar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of the armed forces, the combat support and related agencies, operational contract support, and the geographic and functional combatant commands to execute their wartime missions based upon their posture and readiness as of the time the review is conducted. “(2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a). “(3) Each report required by this subsection shall include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, sea, air, space, cyber, and special operations forces. “(4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection.”. (c) Clerical amendment.—The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 482 and inserting the following new item:
SEC. 362. Technical correction to deadline for transition to Defense Readiness
Reporting System Strategic. Section 358(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “October 1, 2019” and inserting “October 1, 2020”. (a) In general.—Not later than March 1 of each of 2020, 2021, and 2022, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Operation and Maintenance, Ship Depot Maintenance budget sub-activity group. (b) Elements.—The report required under subsection (a) shall include each of the following elements: (1) A breakdown of funding, categorized by class of ship, requested for ship and submarine maintenance. (2) A description of how the requested funding, categorized by class of ship, compares to the identified ship maintenance requirement. (3) The amount of funds appropriated for each class of ship for the preceding fiscal year. (4) The amount of funds obligated and expended for each class of ship for each of the three preceding fiscal years. (5) The cost, categorized by class of ship, of unplanned growth work for each of the three preceding fiscal years. (a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status of the Runit Dome in the Marshal Islands. (b) Matters for inclusion.—The report required by subsection (a) shall include each of the following: (1) A detailed plan to repair the dome to ensure that it does not have any harmful effects to the local population, environment, or wildlife, including the projected costs of implementing such plan. (2) The effects on the environment that the dome has currently and is projected to have in 5 years, 10 years, and 20 years. (3) An assessment of the current condition of the outer constructs of the dome. (4) An assessment of the current and long-term safety to local humans posed by the site. (5) An assessment of how rising sea levels might affect the dome. (6) A summary of interactions between the Government of the United States and the government of the Marshall Islands about the dome. (c) Form of report.—The report required by subsection (a) shall be submitted in unclassified form and made publicly available. SEC. 365. Prohibition on subjective upgrades by commanders of unit ratings in monthly
readiness reporting on military units. (a) In general.—The Chairman of the Joint Chiefs of Staff shall modify Chairman of the Joint Chiefs of Staff Instruction (CJCSI) 3401.02B, on Force Readiness Reporting, to prohibit the commander of a military unit who is responsible for monthly reporting of the readiness of the unit under the instruction from making any upgrade of the overall rating of the unit (commonly referred to as the “C-rating”) for such reporting purposes based in whole or in part on subjective factors. (1) IN GENERAL.—The modification required by subsection (a) shall authorize an officer in a general or flag officer grade in the chain of command of a commander described in that subsection to waive the prohibition described in that subsection in connection with readiness reporting on the unit concerned if the officer considers the waiver appropriate in the circumstances. (2) REPORTING ON WAIVERS.—Each report on personnel and unit readiness submitted to Congress for a calendar year quarter pursuant to section 482 of title 10, United States Code, shall include information on each waiver, if any, issued pursuant to paragraph (1) during such calendar year quarter. SEC. 366. Requirement to include foreign language proficiency in readiness reporting
systems of Department of Defense. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of each military department shall include in the Global Readiness and Force Management Enterprise, for the appropriate billets with relevant foreign language requirements, measures of foreign language proficiency as a mandatory element of unit readiness reporting, to include the Defense Readiness Reporting Systems-Strategic (DRRS-S) and all other subordinate systems that report readiness data. Section 183a of title 10, United States Code, is amended— (1) in subsection (c)(6), in the second sentence— (A) by striking “radar or airport surveillance radar operated” and inserting “radar, airport surveillance radar, or wide area surveillance over-the-horizon radar operated”; and (B) by inserting “Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.” after “mitigation options.”; (A) in paragraph (2)(E), by striking “to a Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense” and inserting “to the Deputy Secretary of Defense, an Under Secretary of Defense, or a Deputy Under Secretary of Defense”; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following new paragraph (3): “(3) The governor of a State may recommend to the Secretary of Defense additional geographical areas of concern within that State. Any such recommendation shall be submitted for notice and comment pursuant to paragraph (2)(C).”; (3) in subsection (e)(3), by striking “an under secretary of defense, or a deputy under secretary of defense” and inserting “an Under Secretary of Defense, or a Deputy Under Secretary of Defense”; (4) in subsection (f), in the first sentence, by striking “from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49” and inserting “from an entity requesting a review by the Clearinghouse under this section”; and (A) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (9), respectively; (B) by inserting after paragraph (2) the following new paragraph (3): “(3) The term ‘governor’, with respect to a State, means the chief executive officer of the State.”; (C) in paragraph (7), as redesignated by subparagraph (A), by striking “by the Federal Aviation Administration” and inserting “by the Administrator of the Federal Aviation Administration”; and (D) by inserting after paragraph (7), as redesignated by subparagraph (A), the following new paragraph: “(8) The term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.”. (a) Transfer and adoption generally.—Section 2583 of title 10, United States Code, is amended— (A) in the subsection heading, by inserting “transfer or” before “adoption”; and (B) by striking “adoption” each place it appears and inserting “transfer or adoption”; (A) in the subsection heading, by inserting “transfer or” before “adoption”; and (B) in the first sentence, by striking “adoption” and inserting “transfer or adoption”; and (C) in the second sentence, striking “adoptability” and inserting “transferability or adoptability”; (A) in the matter preceding subparagraph (A)— (i) by inserting “transfer or” before “adoption”; and (ii) by inserting “, by” after “recommended priority”; (B) in subparagraphs (A) and (B), by inserting “adoption” before “by”; (C) in subparagraph (B), by inserting “or organizations” after “persons”; and (D) in subparagraph (C), by striking “by” and inserting “transfer to”; and (A) in the subsection heading, by inserting “or adopted”after “transferred”; (B) in paragraphs (1) and (2), by striking “transferred” each place it appears and inserting “transferred or adopted”; and (C) in paragraph (2), by striking “transfer” each place it appears and inserting “transfer or adoption”. (b) Veterinary screening and care for military working dogs to be retired.—Such section is further amended— (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following new subsection (f): “(f) Veterinary screening and care for military working dogs To be retired.— (1) (A) If the Secretary of the military department concerned determines that a military working dog should be retired, such Secretary shall transport the dog to the Veterinary Treatment Facility at Lackland Air Force Base, Texas. “(B) In the case of a contract working dog to be retired, transportation required by subparagraph (A) is satisfied by the transfer of the dog to the 341st Training Squadron at the end of the dog's service life as required by section 2410r of this title and assignment of the dog to the Veterinary Treatment Facility referred to in that subparagraph. “(2) (A) The Secretary of Defense shall ensure that each dog transported as described in paragraph (1) to the Veterinary Treatment Facility referred to in that paragraph is provided with a full veterinary screening, and necessary veterinary care (including surgery for any mental, dental, or stress-related illness), before transportation of the dog in accordance with subsection (g). “(B) For purposes of this paragraph, stress-related illness includes illness in connection with post-traumatic stress, anxiety that manifests in a physical ailment, obsessive compulsive behavior, and any other stress-related ailment. “(3) Transportation is not required under paragraph (1), and screening and care is not required under paragraph (2), for a military working dog located outside the United States if the Secretary of the military department concerned determines that transportation of the dog to the United States would not be in the best interests of the dog for medical reasons.”. (c) Coordination of screening and care requirements with transportation requirements.—Subsection (g) of such section, as redesignated by subsection (b)(1) of this section, is amended to read as follows: “(g) Transportation of retiring military working dogs.—Upon completion of veterinary screening and care for a military working dog to be retired pursuant to subsection (f), the Secretary of the military department concerned shall— “(1) if the dog was at a location outside the United States immediately prior to transportation for such screening and care and a United States citizen or member of the armed forces living abroad agrees to adopt the dog, transport the dog to such location for adoption; or “(2) for any other dog, transport the dog— “(A) to the 341st Training Squadron; “(B) to another location within the United States for transfer or adoption under this section.”. (d) Preservation of policy on transfer of military working dogs to law enforcement agencies.—Subsection (h) of such section, as so redesignated, is amended in paragraph (3) by striking “adoption of military working dogs” and all that follows through the period at the end and inserting “transfer of military working dogs to law enforcement agencies before the end of the dogs’ useful working lives.”. (e) Clarification of horses treatable as military animals.—Subsection (i) of such section, as so redesignated, is amended by striking paragraph (2) and inserting the following new paragraph (2): “(2) An equid (horse, mule, or donkey) owned by the Department of Defense.”. (f) Contract term for contract working dogs.—Section 2410r(a) of title 10, United States Code, is amended— (1) by inserting “, and shall contain a contract term,” after “shall require”; (2) by inserting “and assigned for veterinary screening and care in accordance with section 2583 of this title” after “341st Training Squadron”; and (3) by striking “section 2583 of this title” and inserting “such section”. SEC. 373. Extension of authority for Secretary of Defense to use Department of Defense
reimbursement rate for transportation services provided to
certain
non-Department of Defense entities. Section 2642(b) of title 10, United States Code, is amended by striking “October 1, 2019” and inserting “October 1, 2024”. SEC. 374. Extension of authority of Secretary of Transportation to issue non-premium
aviation insurance. Section 44310(b) of title 49, United States Code, is amended by striking “December 31, 2019” and inserting “September 30, 2023”. (a) Report on Personal Property Program Improvement Action Plan.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Personnel and Readiness shall jointly submit to the congressional defense committees a report on implementation of the Personal Property Program Improvement Action Plan that was developed by the Personnel Relocation/Household Goods Movement Cross-Functional Team. (2) CONTENTS OF REPORT.—The report required under paragraph (1) shall include updated information on the efforts of the Department of Defense to— (A) integrate permanent-change-of-station orders with transportation systems; (B) reduce the number of report dates during peak moving season; (C) synchronize the communication of information about orders to all parties involved, including industry; (D) improve lead time for permanent-change-of-station orders; (E) meet quality assurance inspection standards; (F) improve the claims review process; and (G) incorporate predictive analytics to anticipate potentially problematic shipments. (3) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Assistant Secretary of Defense for Personnel and Readiness shall jointly provide to the congressional defense committees a briefing on the report required under this subsection. (b) Business case analysis.—Not later than 30 days after the date of the enactment of this Act, the Commander of United States Transportation Command shall submit to the congressional defense committees a business case analysis for the proposed award of a global household goods contract for the defense personal property program. (c) GAO report.—Not later than 30 days after the date on which the Commander of United States Transportation Command submits the business case analysis required by subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees a report on a comprehensive study conducted by the Comptroller General that includes— (1) an analysis of the effects that the outsourcing of the management and oversight of the movement of household goods to a private entity or entities would have on members of the Armed Forces and their families; (2) a comprehensive cost-benefit analysis; and (3) recommendations for changes to the strategy of the Department of Defense for the defense personal property program. (d) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2020 may be used to enter into a global household goods contract until April 1, 2020. (e) Definitions.—In this section: (1) The term “global household goods contract” means the solicitation managed by United States Transportation Command to engage a private entity to manage the defense personal property program. (2) The term “defense personal property program” means the Department of Defense program used to manage the shipment of the baggage and household effects of members of the Armed Forces under section 476 of title 37, United States Code. (a) Requirement.—At least once every calendar quarter, the Secretary of the Navy, or the designee of the Secretary, shall hold an event that is open to the public at which the Secretary shall provide up-to-date information about the Red Hill Bulk Fuel Storage Facility. (b) Termination.—The requirement to hold events under subsection (a) shall terminate on the earlier of the following dates: (1) September 30, 2025. (2) The date on which the Red Hill Bulk Fuel Storage Facility ceases operation. It is the sense of Congress that— (1) the Innovative Readiness Training program is an effective training program for members of the Armed Forces and is highly beneficial to civilian-military relationships with local American communities; (2) due to the geographic complexities and realities of non-contiguous States and territories, Innovative Readiness Training has lent greater benefit to such States and territories while providing unique and realistic training opportunities and deployment readiness for members of the Armed Forces; (3) the Department of Defense should pursue continued Innovative Readiness Training opportunities, and, where applicable, strongly encourage the use of Innovative Readiness Training in non-contiguous States and territories; and (4) in considering whether to recommend a project, the Secretary should consider the benefits of the project to the economy of a region damaged by natural disasters. (a) In general.—The Secretary of the Navy shall purchase and operate a portable closed detonation chamber and water jet cutting system to be deployed at a former naval bombardment area located outside the continental United States that is part of an active remediation program using amounts made available for environmental restoration, Navy. Upon a determination by the Secretary of the Navy that the chamber has completed the mission of destroying appropriately sized munitions at such former naval bombardment area, the Secretary may deploy the chamber to another location. (b) Authorization of appropriations.—There is authorized to be appropriated for fiscal year 2020 $10,000,000 to carry out subsection (a). Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Authorized strengths for Marine Corps Reserves on active duty. Sec. 416. Modification of authorized strength of Air Force Reserve serving on full-time reserve component duty for administration of the reserves or the National Guard. Sec. 421. Military personnel. The Armed Forces are authorized strengths for active duty personnel as of September 30, 2020, as follows: (1) The Army, 480,000. (2) The Navy, 340,500. (3) The Marine Corps, 186,200. (4) The Air Force, 332,800. Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs: “(1) For the Army, 480,000. “(2) For the Navy, 340,500. “(3) For the Marine Corps, 186,200. “(4) For the Air Force, 332,800.”. (a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2020, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 59,000. (4) The Marine Corps Reserve, 38,500. (5) The Air National Guard of the United States, 107,700. (6) The Air Force Reserve, 70,100. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2020, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,595. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,155. (4) The Marine Corps Reserve, 2,386. (5) The Air National Guard of the United States, 22,637. (6) The Air Force Reserve, 4,431. (a) In general.—The minimum number of military technicians (dual status) as of the last day of fiscal year 2020 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 13,569. (4) For the Air Force Reserve, 8,938. (b) Limitation.—Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position. (c) Adjustment of authorized strength.— (1) IN GENERAL.—If, at the end of fiscal year 2019, the Air National Guard of the United States does not meet its full-time support realignment goals for such fiscal year (as presented in the justification materials of the Department of Defense in support of the budget of the President for such fiscal year under section 1105 of title 31, United States Code), the authorized number of military technicians (dual status) of the Air National Guard of the United States under subsection (a)(3) shall be increased by the number equal to the difference between— (A) 3,190, which is the number of military technicians (dual status) positions in the Air National Guard of the United States sought to be converted to the Active, Guard, and Reserve program of the Air National Guard during fiscal year 2019; and (B) the number of realigned positions achieved in the Air National Guard by the end of fiscal year 2019. (2) LIMITATION.—The increase under paragraph (1) in the authorized number of military technician (dual status) positions described in that paragraph may not exceed 2,292. (3) DECREASE IN AUTHORIZED NUMBER OF ANGUS RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.—In the event of an adjustment to the authorized number military technicians (dual status) of the Air National Guard of the United States under this subsection, the number of members of the Air National Guard of the United States authorized by section 412(5) to be on active duty as of September 30, 2020, shall be decreased by the number equal to the number of such adjustment. (d) Certification.—Not later than January 1, 2020, the Chief of the National Guard Bureau shall certify to the Committees on Armed Services of the Senate and House of Representatives the number of positions realigned from a military technician (dual status) position to a position in the Active, Guard, and Reserve program of a reserve component in fiscal year 2019. (e) Definitions.—In subsections (b), (c), and (d): (1) The term “realigned position” means any military technician (dual status) position which has been converted or realigned to a position in an Active, Guard, and Reserve program of a reserve component under the full time support rebalancing plan of the Armed Force concerned, regardless of whether such position is encumbered. (2) The term “Active, Guard, and Reserve program”, in the case of a reserve component, means the program of the reserve component under which Reserves serve on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training such reserve component. SEC. 414. Maximum number of reserve personnel authorized to be on active duty for
operational support. During fiscal year 2020, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. (a) Officers.—Section 12011(a)(1) of title 10, United States Code, is amended by striking those parts of the table pertaining to the Marine Corps Reserve and inserting the following: “Marine Corps Reserve:
(c) Senior enlisted members.—Section 12012(a) of title 10, United States Code, is amended by striking those parts of the table pertaining to the Marine Corps Reserve and inserting the following: “Marine Corps Reserve:
SEC. 416. Modification of authorized strength of Air Force Reserve serving on full-time reserve component duty for administration of the reserves or the National Guard. (a) In general.—The table in section 12011(a)(1) of title 10, United States Code, is amended by striking the matter relating to the Air Force Reserve and inserting the following new matter:
(b) Effective date.—The amendment made by subsection (a) shall take effect on October 1, 2019, and shall apply with respect to fiscal years beginning on or after that date. (a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2020. Sec. 501. Maker of original appointments in a regular or reserve component of commissioned officers previously subject to original appointment in other type of component. Sec. 502. Furnishing of adverse information on officers to promotion selection boards. Sec. 503. Limitation on number of officers recommendable for promotion by promotion selection boards. Sec. 504. Expansion of authority for continuation on active duty of officers in certain military specialties and career tracks. Sec. 505. Management policies for joint qualified officers. Sec. 506. Modification of authorities on management of deployments of members of the Armed Forces and related unit operating and personnel tempo matters. Sec. 507. Personnel tempo of the Armed Forces and the United States Special Operations Command during periods of inapplicability of high-deployment limitations. Sec. 508. Permanent authority to defer past age 64 the retirement of chaplains in general and flag officer grades. Sec. 509. Higher grade in retirement for officers following reopening of determination or certification of retired grade. Sec. 510. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list. Sec. 510A. Availability on the internet of certain information about officers serving in general or flag officer grades. Sec. 510B. Functional badge or insignia upon commission for chaplains. Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training Corps. Sec. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Officers’ Training Corps. Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers' Training Corps units. Sec. 514. Clarification of eligibility to serve as Commander, Marine Forces Reserve. Sec. 515. Extension and periodic evaluation of suicide prevention and resilience program for the reserve components. Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components. Sec. 517. Modernization of inspection authorities applicable to the National Guard. Sec. 518. Consultation with Chief of the National Guard Bureau in the appointment or designation of National Guard property and fiscal officers. Sec. 519. Coast Guard Junior Reserve Officers’ Training Corps. Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit vacancy promotions by commanders of associated active duty units. Sec. 520A. Report on methods to enhance domestic response to large scale, complex and catastrophic disasters. Sec. 520B. Report and briefing on the Senior Reserve Officers' Training Corps. Sec. 520C. Sense of Congress on increase in number of Junior Reserve Officers' Training Corps units. Sec. 521. Advice and counsel of trauma experts in review by boards for correction of military records and discharge review boards of certain claims. Sec. 522. Reduction in required number of members of discharge review boards. Sec. 523. Establishment of process to review a request for upgrade of discharge or dismissal. Sec. 524. Prohibition on reduction in the number of personnel assigned to duty with a service review agency. Sec. 525. Training of members of boards for correction of military records and discharge review boards on sexual trauma, intimate partner violence, spousal abuse, and related matters. Sec. 526. Time requirements for certification of honorable service. Sec. 527. Correction of certain discharge characterizations. Sec. 528. Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the Armed Forces for decorations when the service records are incomplete because of damage to the official record. Sec. 529. Strategic plan for diversity and inclusion. Sec. 530. Study regarding screening individuals who seek to enlist in the Armed Forces. Sec. 530A. Feasibility study regarding notification to Secretary of Homeland Security of honorable discharges of non-citizens. Sec. 530B. Sense of Congress regarding accession physicals. Sec. 531. Expansion of pre-referral matters reviewable by military judges and military magistrates in the interest of efficiency in military justice. Sec. 532. Command influence. Sec. 533. Statute of limitations for certain offenses. Sec. 534. Public access to dockets, filings, and court records of courts-martial or other records of trial of the military justice system. Sec. 535. Extension of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 536. Authority for return of personal property to victims of sexual assault who file a Restricted Report before conclusion of related proceedings. Sec. 537. Guidelines on sentences for offenses committed under the Uniform Code of Military Justice. Sec. 538. Notification of significant events and documentation of preference for prosecution jurisdiction for victims of sexual assault. Sec. 539. Increase in number of digital forensic examiners for certain military criminal investigative organizations. Sec. 540. Increase in investigative personnel and Victim Witness Assistance Program liaisons. Sec. 540A. Training for sexual assault initial disposition authorities on exercise of disposition authority for sexual assault and collateral offenses. Sec. 540B. Training for commanders in the Armed Forces on their role in all stages of military justice in connection with sexual assault. Sec. 540C. Timely disposition of nonprosecutable sex-related offenses. Sec. 540D. Department of Defense-wide policy and military department-specific programs on reinvigoration of the prevention of sexual assault involving members of the Armed Forces. Sec. 540E. Recommendations on separate punitive article in the Uniform Code of Military Justice on sexual harassment. Sec. 540F. Report on military justice system involving alternative authority for determining whether to prefer or refer changes for felony offenses under the Uniform Code of Military Justice. Sec. 540G. Report on standardization among the military departments in collection and presentation of information on matters within the military justice system. Sec. 540H. Report on expansion of Air Force safe to report policy across the Armed Forces. Sec. 540I. Assessment of racial, ethnic, and gender disparities in the military justice system. Sec. 540J. Pilot programs on defense investigators in the military justice system. Sec. 540K. Report on preservation of recourse to restricted report on sexual assault for victims of sexual assault following certain victim or third-party communications. Sec. 540L. Report on establishment of guardian ad litem program for certain military dependents who are a victim or witness of an offense under the Uniform Code of Military Justice involving abuse or exploitation. Sec. 540M. Comptroller General of the United States report on implementation by the Armed Forces of recent statutory requirements on sexual assault prevention and response in the military. Sec. 540N. Sense of Congress on the Port Chicago 50. Sec. 541. Improvement of certain Special Victims' Counsel authorities. Sec. 542. Availability of Special Victims' Counsel at military installations. Sec. 543. Notification of issuance of military protective order to civilian law enforcement. Sec. 544. Copyright protection for civilian faculty of certain accredited institutions. Sec. 545. Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service. Sec. 546. Military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act. Sec. 547. Preservation of right to bring class action under Servicemembers Civil Relief Act. Sec. 548. Legal counsel for victims of alleged domestic violence offenses. Sec. 549. Notice to victims of alleged sexual assault of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 550. Treatment of information in Catch a Serial Offender Program for certain purposes. Sec. 550A. Policies and procedures on registration at military installations of civilian protective orders applicable to members of the Armed Forces assigned to such installations and certain other individuals. Sec. 550B. Defense Advisory Committee for the Prevention of Sexual Misconduct. Sec. 550C. Training for Special Victims' Counsel on civilian criminal justice matters in the States of the military installations to which assigned. Sec. 550D. Enhancing the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. Sec. 550E. Feasibility study on establishment of database of military protective orders. Sec. 550F. GAO review of USERRA and SCRA. Sec. 551. Authority for detail of certain enlisted members of the Armed Forces as students at law schools. Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE Program. Sec. 553. Degree granting authority for United States Army Armament Graduate School; limitation on establishment of certain educational institutions. Sec. 554. Prohibition on off-duty employment for cadets and midshipmen completing obligated service after graduation. Sec. 555. Consideration of request for transfer of a cadet or midshipman at a military service academy who is the victim of a sexual assault or related offense. Sec. 556. Redesignation of the Commandant of the United States Air Force Institute of Technology as the Director and Chancellor of such Institute. Sec. 557. Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force. Sec. 558. Speech disorders of cadets and midshipmen. Sec. 559. Requirement to continue provision of tuition assistance for members of the Armed Forces. Sec. 560. Information on institutions of higher education participating in the Department of Defense Tuition Assistance Program. Sec. 560A. Inclusion of information on free credit monitoring in annual financial literacy briefing. Sec. 560B. Programs to facilitate the award of private pilot's certificates. Sec. 561. Requirement to provide information regarding benefits claims to members during TAP counseling. Sec. 562. Participation of other Federal agencies in the SkillBridge apprenticeship and internship program for members of the Armed Forces. Sec. 563. First modification of elements of report on the improved Transition Assistance Program. Sec. 564. Second modification of elements of report on the improved Transition Assistance Program. Sec. 565. Prohibition on gender-segregated training at Marine Corps Recruit Depots. Sec. 566. Assessment of deaths of recruits under the jurisdiction of the Secretaries of the military departments. Sec. 567. Review of Department of Defense training programs regarding disinformation campaigns. Sec. 568. Command matters in connection with transition assistance programs. Sec. 569. Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214). Sec. 570. Records of service for Reserves. Sec. 570A. Limitations and requirements in connection with separations for members of the Armed Forces who suffer from mental health conditions in connection with a sex-related, intimate partner violence-related, or spousal-abuse offense. Sec. 570B. Prohibition on involuntary separation of certain members of the Armed Forces; consideration of military service in removal determinations. Sec. 570C. Inclusion of question regarding immigration status on preseparation counseling checklist (DD Form 2648). Sec. 570D. Counseling for members of the Armed Forces who are not citizens of the United States on naturalization in the United States. Sec. 570E. Pilot program on information sharing between Department of Defense and designated relatives and friends of members of the Armed Forces regarding the experiences and challenges of military service. Sec. 570F. Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 570G. Pilot program regarding online application for the Transition Assistance Program. Sec. 571. Authorizing members to take leave for a birth or adoption in more than one increment. Sec. 572. Deferred deployment for members who give birth. Sec. 573. Authority of the Secretary concerned to transport remains of a covered decedent to no more than two places selected by the person designated to direct disposition of the remains. Sec. 574. Military funeral honors matters. Sec. 575. Improvement of occupational license portability for relocated spouses of members of the uniformed services. Sec. 576. Continued eligibility for education and training opportunities for spouses of promoted members. Sec. 577. Modification to authority to reimburse for State licensure and certification costs of a spouse of a servicemember arising from relocation. Sec. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program. Sec. 579. Annual State report card. Sec. 580. Improvements to child care for members of the Armed Forces. Sec. 580A. Transportation of remains of casualties; travel expenses for next of kin. Sec. 580B. Meetings of officials of the Department of Defense with representative groups of survivors of deceased members of the Armed Forces. Sec. 580C. Information and opportunities for registration for voting and absentee ballot requests for members of the Armed Forces undergoing deployment overseas. Sec. 580D. Study on two-way military ballot barcode tracking. Sec. 580E. Assistance to schools with military dependent students. Sec. 580F. First expansion of the My Career Advancement Account program for military spouses. Sec. 580G. Second expansion of the My Career Advancement Account program for military spouses. Sec. 580H. Report on training and support available to military spouses. Sec. 580I. Ri’katak Guest Student Program at United States Army Garrison−Kwajalein Atoll. Sec. 581. Modification of authorities on eligibility for and replacement of gold star lapel buttons. Sec. 582. Standardization of honorable service requirement for award of military decorations. Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam. Sec. 584. Review of World War I valor medals. Sec. 591. Clarification of the term “assault” for purposes of Workplace and Gender Relations Surveys. Sec. 592. Inclusion of certain veterans on temporary disability or permanent disabled retirement lists in military adaptive sports programs. Sec. 593. Questions in surveys regarding extremist activity in the workplace. Sec. 594. Study on best practices for providing financial literacy education for separating members of the Armed Forces. Sec. 595. Report on oversight of authorized strengths of certain grades of commissioned regular and reserve officers of the Armed Forces. Sec. 596. Report on certain waivers. Sec. 597. Notifications on manning of afloat naval forces. Sec. 598. Report regarding use of aerial systems of the Department of Defense to support agencies of States, Territories, and the Federal Government. Sec. 599. Information for members of the Armed Forces on availability of services of the Department of Veterans Affairs relating to sexual trauma. Sec. 599A. Authority to issue an honorary promotion to Colonel Charles E. McGee, United States Air Force (ret.), to the grade of brigadier general. Sec. 599B. Authority to issue an honorary and posthumous promotion to Lieutenant Colonel Richard Cole, United States Air Force (ret.), to the grade of colonel. Sec. 599C. Sense of Congress on the honorable and distinguished service of General Joseph F. Dunford, United States Marine Corps, to the United States. SEC. 501. Maker of original appointments in a regular or reserve component of
commissioned officers previously subject to original
appointment in other type
of component. (a) Maker of regular appointments in transfer from reserve active-status list to active-duty list.—Section 531(c) of title 10, United States Code, is amended by striking “the Secretary concerned” and inserting “the Secretary of Defense”. (b) Maker of reserve appointments in transfer from active-duty list to reserve active-status list.—Section 12203(b) of such title is amended by striking “the Secretary concerned” and inserting “the Secretary of Defense”. (c) Report.—Not later than April 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following: (1) The average number per fiscal year, during fiscal years 2010 through 2019, of transfers of appointment from regular officer to reserve officer in the Armed Forces, set forth by each of transfers requiring and transfers not requiring appointment by and with the advice and consent of the Senate. (2) The average amount of time required per fiscal year, during such fiscal years, for completion of a transfer of appointment from regular officer to reserve officer in situations not requiring appointment by and with the advice and consent of the Senate. (3) An assessment of the number of officers who experience a break-in-service due to delays in transfer of appointment from regular officer to reserve officer as a result of the requirement for appointment by and with the advice and consent of the Senate. (4) An assessment of the feasibility and advisability of each of the following: (A) Appointment of regular officers as both a regular officer and a reserve officer immediately upon commissioning. (B) Consolidation of the provisions of title 10, United States Code, relating to appointment as a regular or reserve officer in a manner designed to facilitate and improve officer retention. (5) Such other recommendations for legislative or administrative action as the Secretary considers appropriate to improve the rapid transfer of appointment of an officer from regular status to reserve status. (a) Expansion of grades of officers for which information is furnished.—Section 615(a)(3) of title 10, United States Code, is amended— (1) by inserting “(A)” after “(3)”; (2) in subparagraph (A), as designated by paragraph (1), by striking “a grade above colonel or, in the case of the Navy, captain” and inserting “a grade specified in subparagraph (B)”; and (3) by adding at the end the following new subparagraph: “(B) A grade specified in this subparagraph is as follows: “(i) In the case of a regular officer, a grade above captain or, in the case of the Navy, lieutenant. “(ii) In the case of a reserve officer, a grade above lieutenant colonel or, in the case of the Navy, commander.”. (b) Furnishing at every phase of consideration.—Such section is further amended by adding at the end the following new subparagraph: “(C) The standards and procedures referred to in subparagraph (A) shall require the furnishing to the selection board, and to each individual member of the board, the information described in that subparagraph with regard to an officer in a grade specified in subparagraph (B) at each stage or phase of the selection board, concurrent with the screening, rating, assessment, evaluation, discussion, or other consideration by the board or member of the official military personnel file of the officer, or of the officer.”. (c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, after that date. SEC. 503. Limitation on number of officers recommendable for promotion by promotion
selection boards. (a) In general.—Section 616 of title 10, United States Code is amended— (1) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following new subsection (d): “(d) The number of officers recommended for promotion by a selection board convened under section 611(a) of this title may not exceed the number equal to 95 percent of the number of officers included in the promotion zone established under section 623 of this title for consideration by the board.”. (b) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to consideration by promotion selection boards convened under section 611(a) of title 10, United States Code, of promotion zones that are established under section 623 of that title on or after that date. SEC. 504. Expansion of authority for continuation
on active duty of officers in certain military specialties
and career
tracks. Section 637a(a) of title 10, United States Code, is amended by inserting “separation or” after “provided for the”. Section 661(d)(3)(B) of title 10, United States Code, is amended in the third sentence by inserting “or a designee of the Chairman who is an officer of the armed forces in grade O–9 or higher” before the period. SEC. 506. Modification of authorities on management of deployments of members of the
Armed Forces and related unit operating and personnel tempo
matters. (a) Limitation on scope of delegations of approval of exceptions to deployment thresholds.—Paragraph (3) of section 991(a) of title 10, United States Code, is amended by striking “be delegated to—” and all that follows and inserting “be delegated to a civilian officer of the Department of Defense appointed by the President, by and with the advice and consent of the Senate.”. (b) Separate policies on dwell time for regular and reserve members.—Paragraph (4) of such section is amended— (1) by striking “addresses the amount” and inserting “addresses each of the following: “(A) The amount.”; (2) in subparagraph (A), as designated by paragraph (1), by inserting “regular” before “member”; and (3) by adding at the end the following new subparagraph: “(B) The amount of dwell time a reserve member of the armed forces remains at the member’s permanent duty station after completing a deployment of 30 days or more in length.”. SEC. 507. Personnel tempo of the Armed Forces and
the United States Special Operations Command during periods
of inapplicability
of high-deployment limitations. (a) In general.—Section 991(d) of title 10, United States Code, is amended— (1) by inserting “(1)” before “The Secretary”; and (2) by adding at the end the following new paragraph: “(2) (A) Whenever a waiver is in effect under paragraph (1), the member or group of members covered by the waiver shall be subject to specific and measurable deployment thresholds established and maintained for purposes of this subsection. “(B) Thresholds under this paragraph may be applicable— “(i) uniformly, Department of Defense-wide; or “(ii) separately, with respect to each armed force or the United States Special Operations Command. “(C) If thresholds under this paragraph are applicable Department-wide, such thresholds shall be established and maintained by the Under Secretary of Defense for Personnel and Readiness. If such thresholds are applicable only to one armed force or the Under States Special Operations Command, such thresholds shall be established and maintained respectively by the Secretary of the Army, the Secretary of the Navy (other than with respect to the Marine Corps), the Secretary of the Air Force, the Commandant of the Marine Corps (with respect to the Marine Corps), and the Commander of the United States Special Operations Command, as applicable. “(D) In undertaking recordkeeping for purposes of subsection (c), the Under Secretary shall, in conjunction with the officials and officers referred to in subparagraph (C), collect complete and reliable personnel tempo data of members described in subparagraph (A) in order to ensure that the Department, the armed forces, and the United States Special Operations Command fully and completely monitor personnel tempo under any waiver authorized under paragraph (1) and the effect of such waiver on the armed forces.”. (b) Deadline for implementation.—Paragraph (2) of section 991(d) of title 10, United States Code, as added by subsection (a), shall be fully implemented by not later than March 1, 2020. SEC. 508. Permanent authority to defer past age 64
the retirement of chaplains in general and flag officer
grades. Section 1253(c) of title 10, United States Code, is amended by striking paragraph (3). SEC. 509. Higher grade in retirement for officers following reopening of determination
or certification of retired grade. (a) Advice and consent of Senate required for higher grade.—Section 1370(f) of title 10, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): “(5) If the retired grade of an officer is proposed to be increased through the reopening of the determination or certification of officer's retired grade, the increase in the retired grade shall be made by the Secretary of Defense, by and with the advice and consent of the Senate.”. (b) Recalculation of retired pay.—Paragraph (6) of such section, as redesignated by subsection (a)(1), is amended— (1) by inserting “or increased” after “reduced”; (2) by inserting “as a result of the reduction or increase” after “any modification of the retired pay of the officer”; (3) by inserting “or increase” after “the reduction”; and (4) by adding at the end the following new sentence: “An officer whose retired grade is increased as described in the preceding sentence shall not be entitled to an increase in retired pay for any period before the effective date of the increase.”. (c) Effective date.—The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to an increase in the retired grade of an officer that occurs through a reopening of the determination or certification of the officer's retired grade on or after that date, regardless of when the officer retired. SEC. 510. Authority of promotion boards to recommend that officers of particular merit
be placed higher on promotion list. (a) In general.—Section 14108 of title 10, United States Code, is amended by adding at the end the following new subsection: “(f) Higher placement of officers of particular merit on promotion list.— (1) In selecting officers to be recommended for promotion, a promotion board may, when authorized by the Secretary concerned, recommend that officers of particular merit, from among those officers selected for promotion, be placed higher on the promotion list established by the Secretary under section 14308(a) of this title. “(2) A promotion board may make a recommendation under paragraph (1) only if an officer receives the recommendation of— “(A) a majority of the members of the promotion board; or “(B) an alternative requirement established by the Secretary concerned and furnished to the promotion board as part of the guidelines under section 14107 of this title. “(3) For officers who receive recommendations under paragraph (1), the board shall recommend the order in which those officers should be placed on the promotion list.”. (b) Reports regarding recommendations that officers of particular merit be placed higher on promotion list.—Section 14109 of such title is amended by adding at the end the following new subsection: “(d) Report of officers recommended for higher placement on promotion list.—A promotion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) of this title, include in its report to the Secretary concerned— “(1) the names of those officers the promotion board recommends be placed higher on the promotion list; and “(2) the order in which the promotion board recommends those officers should be placed on the promotion list.”. (c) Officers of particular merit appearing higher on promotion list.—Section 14308(a) of such title is amended in the first sentence by inserting “or based on particular merit, as determined by the promotion board” before the period. SEC. 510A. Availability on the internet of certain information about officers serving
in general or flag officer grades. (1) IN GENERAL.—The Secretary of each military department shall make available on an internet website of such department available to the public information specified in paragraph (2) on each officer in a general or flag officer grade under the jurisdiction of such Secretary, including any such officer on the reserve active-status list. (2) INFORMATION.—The information on an officer specified by this paragraph to be made available pursuant to paragraph (1) is the information as follows: (A) The officer's name. (B) The officer’s current grade, duty position, command or organization, and location of assignment. (C) A summary list of the officer’s past duty assignments while serving in a general or flag officer grade. (b) Additional public notice on certain officers.—Whenever an officer in a grade of O–7 or above is assigned to a new billet or reassigned from a current billet, the Secretary of the military department having jurisdiction of such officer shall make available on an internet website of such department available to the public a notice of such assignment or reassignment. (c) Limitation on withholding of certain information or notice.— (1) LIMITATION.—The Secretary of a military department may not withhold the information or notice specified in subsections (a) and (b) from public availability pursuant to subsection (a), unless and until the Secretary notifies the Committees on Armed Services of the Senate and House of Representatives in writing of the information or notice that will be so withheld, together with justification for withholding the information or notice from public availability. (2) LIMITED DURATION OF WITHHOLDING.—The Secretary concerned may withhold from the public under paragraph (1) information or notice on an officer only on the basis of individual risk or national security, and may continue to withhold such information or notice only for so long as the basis for withholding remains in force. A military chaplain shall receive a functional badge or insignia upon commission. Section 2031(b)(1) of title 10, United States Code, is amended by striking “above the 8th grade” each place it appears and inserting “above the 7th grade and physically co-located with the 9th grade participating unit”. SEC. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Officers’
Training Corps. (a) In general.—Section 2031(b)(3) of title 10, United States Code, is amended by inserting “and which may include instruction or activities in the fields of science, technology, engineering, and mathematics” after “duration”. (b) Effective date.—The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: “(g) (1) Each public secondary educational institution that maintains a unit under this section shall permit membership in the unit to homeschooled students residing in the area served by the institution who are qualified for membership in the unit (but for lack of enrollment in the institution). “(2) A student who is a member of a unit pursuant to this subsection shall count toward the satisfaction by the institution concerned of the requirement in subsection (b)(1) relating to the minimum number of student members in the unit necessary for the continuing maintenance of the unit.”. (a) In general.—Section 8084(b)(1) of title 10, United States Code, is amended by striking “general officers of the Marine Corps (as defined in section 8001(2))” and inserting “general officers of the Marine Corps Reserve”. (b) Effective date.—The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date. SEC. 515. Extension and periodic evaluation of suicide prevention and resilience
program for the reserve components. Section 10219 of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); (2) in subsection (h), as redesignated by paragraph (1), by striking “2020” and inserting “2025”; and (3) by inserting after subsection (f) the following new subsection (g): “(g) Triennial evaluation.—The Secretary shall evaluate the program every third year beginning in 2022 until the program terminates to determine whether the program effectively— “(1) provides training and assistance under subsections (b), (c), and (d); and “(2) implements subsection (e).”. SEC. 516. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components. Section 14703(b) of title 10, United States Code, is amended— (1) by striking “An” and inserting “(1) Subject to paragraph (2), an”; and (2) by adding at the end the following new paragraph (2): “(2) The Secretary concerned may, with the consent of the officer, retain in an active status an officer in a medical specialty described in subsection (a) beyond the date described in paragraph (1) of this subsection if the Secretary concerned determines that such retention is necessary to the military department concerned. Each such retention shall be made on a case-by-case basis and for such period as the Secretary concerned determines appropriate.”. (a) Modernization of inspection authorities of Secretaries of the Army and Air Force.—Subsection (a) of section 105 of title 32, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by striking “by him, the Secretary of the Army shall have” and inserting “by such Secretary, the Secretary of the Army and the Secretary of the Air Force shall each have”; (B) by striking “, if necessary,”; and (C) by striking “the Regular Army” and inserting “the Regular Army or the Regular Air Force”; (2) by striking “Army National Guard” each place it appears and inserting “Army National Guard or Air National Guard”; and (3) by striking the flush matter following paragraph (7). (b) Inspection authority of Chief of the National Guard Bureau on behalf of Secretaries.—Such section is further amended by adding at the end the following new subsection: “(c) The Chief of the National Guard Bureau may have an inspection described in subsection (a) made by inspectors general, or by commissioned officers of the Army National Guard of the United States or the Air National Guard of the United States detailed for that purpose, on behalf of the Secretary of the Army or the Secretary of the Air Force. Any such inspection may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable.”. SEC. 518. Consultation with Chief of the National Guard Bureau in the appointment or
designation of National Guard property and fiscal officers. Section 708(a) of title 32, United States Code, is amended in the first sentence by inserting “, in consultation with the Chief of the National Guard Bureau,” after “shall”. (a) In general.—Chapter 3 of title 14, United States Code, is amended by adding at the end the following new section: “§ 320. Coast Guard Junior Reserve Officers’ Training Corps “(a) Establishment.—The Secretary of the department in which the Coast Guard is operating may establish and maintain a Junior Reserve Officers' Training Corps, organized into units, at public and private secondary educational institutions. “(b) Applicability.—Except as provided in subsection (c), the provisions of chapter 102 of title 10 shall apply to a Junior Reserve Officers’ Training Corps established and maintained under this section in the same manner that such provisions apply to the Junior Reserve Officers’ Training Corps of each military department. For purposes of the application of such provisions to this section— “(1) any reference in such provisions to a ‘military department’ shall be treated as a reference to the department in which the Coast Guard is operating; and “(2) any reference in such provisions to a ‘Secretary of a military department’, a ‘Secretary concerned’, or the ‘Secretary of Defense’ shall be treated as a reference to the Secretary of the department in which the Coast Guard is operating. “(c) Exception.—The requirements of chapter 102 of title 10 shall not apply to a unit of the Junior Reserve Officers’ Training Corps established by the Secretary of the department in which the Coast Guard is operating before the date of the enactment of this section unless the Secretary determines it is appropriate to apply such requirements to such unit.”. (b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
SEC. 520. Repeal of requirement for review of
certain Army Reserve officer unit vacancy promotions by
commanders of associated
active duty units. Section 1113 of the Army National Guard Combat Readiness Reform Act of 1992 (Public Law 102–484; 10 U.S.C. 10105 note) is repealed. SEC. 520A. Report on methods to enhance domestic response to large scale, complex and
catastrophic disasters. (a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the congressional defense committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the plan of the Department to establish policy and processes to implement the authority under section 502 of title 32, United States Code. The report shall include a detailed examination of the policy framework consistent with existing authorities, identify major statutory or policy impediments to implementation, and make recommendations for legislation as appropriate. (b) Contents.—The report submitted under subsection (a) shall include a description of— (1) the current policy and processes whereby governors can request activation of the National Guard under title 32, United States Code, as part of the response to large scale, complex, catastrophic disasters that are supported by the Federal Government and, if no formal process exists in policy, the Secretary of Defense shall provide a timeline and plan to establish such a policy, including consultation with the Council of Governors and the National Governors Association; (2) the Secretary of Defense’s assessment, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding the sufficiency of current authorities for the reimbursement of National Guard and Reserve manpower during large scale, complex, catastrophic disasters under title 10 and title 32, United States Code, and specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or whether invoking such reimbursement authorities degrades the effectiveness of the Disaster Relief Fund; (3) the Department of Defense’s plan to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including— (A) a description of the disparities between benefits and protections under Federal law versus State active duty; (B) recommended solutions to achieve parity at the Federal level; and (C) recommended changes at the State level, if appropriate; and (4) the Department of Defense’s plan to ensure there is parity of benefits and protections for military members employed as part of the response to large scale, complex, catastrophic disasters under title 32 or title 10, United States Code, and recommendations for addressing any shortfalls. (a) Report on various expansions of the Corps.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following: (1) An assessment of the feasibility and advisability of distance learning programs for the Senior Reserve Officers' Training Corps for students at educational institutions who reside outside the viable range for a cross-town program. (2) An assessment of the feasibility and advisability of expanding the eligibility of institutions authorized to maintain a unit of the Senior Reserve Officers' Training Corps to include community colleges. (b) Briefing on long-term effects on the Corps of the operation of certain recent prohibitions.— (1) BRIEFING REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the effects of the prohibitions in section 8032 of the Department of Defense Appropriations Act, 2019 (division A of Public Law 115–245) on the long-term viability of the Senior Reserve Officers' Training Corps. (2) ELEMENTS.—The matters addressed by the briefing under paragraph (1) shall include an assessment of the effects of the prohibitions described in paragraph (1) on the following: (A) Readiness. (B) The efficient manning and administration of Senior Reserve Officers' Training Corps units. (C) The ability of the Armed Forces to commission on a yearly basis the number and quality of new officers they need and that are representative of the nation as a whole. (D) The availability of Senior Reserve Officers' Training Corps scholarships in rural areas. (E) Whether the Senior Reserve Officers' Training Corps program produces officers representative of the demographic and geographic diversity of the United States, especially with respect to urban areas, and whether restrictions on establishing or disestablishing units of the Corps affects the diversity of the officer corps of the Armed Forces. SEC. 520C. Sense of Congress on increase in number of Junior Reserve Officers' Training
Corps units. It is the sense of Congress that the Junior Reserve Officers' Training Corps was supported in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) and should be increased in fiscal year 2020 to include not fewer than 3,700 units nationwide. SEC. 521. Advice and counsel of trauma experts in review by boards for correction of
military records and discharge review boards of certain
claims. (a) Boards for correction of military records.—Section 1552(g) of title 10, United States Code, is amended— (1) by inserting “(1)” after “(g)”; and (2) by adding at the end the following new paragraph: “(2) If a board established under subsection (a)(1) is reviewing a claim described in subsection (h), the board shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. “(3) If a board established under subsection (a)(1) is reviewing a claim in which sexual trauma, intimate partner violence, or spousal abuse is claimed, the board shall seek advice and counsel in the review from an expert in trauma specific to sexual assault, intimate partner violence, or spousal abuse, as applicable.”. (b) Discharge review boards.—Section 1553(d)(1) of such title is amended— (1) by inserting “(A)” after “(1)”; and (2) by adding at the end the following new subparagraph; “(B) In the case of a former member described in paragraph (3)(B) who claims that the former member's post-traumatic stress disorder or traumatic brain injury as described in that paragraph in based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, a board established under this section to review the former member's discharge or dismissal shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.”. Section 1553(a) of title 10, United States Code, is amended by striking “five” and inserting “not fewer than three”. (a) Establishment.—Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section 1553a: “§ 1553a. Review of a request for upgrade of discharge or dismissal “(a) Establishment.—The Secretary of Defense shall establish a process by which to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal. “(b) Consideration; recommendation.— (1) Upon the request of a petitioner, the Secretary of Defense shall review the findings and decisions of the boards established under sections 1552 and 1553 of this title regarding the final review of a request for an upgrade in the characterization of a discharge or dismissal. “(2) The Secretary of Defense may recommend that the Secretary of the military department concerned upgrade the characterization of the discharge or dismissal of the petitioner if the Secretary of Defense determines that such recommendation is appropriate after review under paragraph (1). “(c) Definitions.—In this section: “(1) The term ‘final review of a request for an upgrade in the characterization of a discharge or dismissal’ means a request by a petitioner for an upgrade to the characterization of a discharge or dismissal— “(A) that was not granted under sections 1552 and 1553 of this title; and “(B) regarding which the Secretary of Defense determines the petitioner has exhausted all remedies available to the petitioner under sections 1552 and 1553 of this title. “(2) The term ‘petitioner’ means a member or former member of the armed forces (or if the member or former member is dead, the surviving spouse, next of kin, or legal representative of the member or former member) whose request for an upgrade to the characterization of a discharge or dismissal was not granted under sections 1552 and 1553 of this title.”. (b) Technical and conforming amendments.— (1) TABLE OF SECTIONS.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1553 the following new item:
(A) Section 1552(a)(4) of such title is amended to read as follows: “(4) (A) Subject to subparagraph (B), a correction under this section is final and conclusive on all officers of the United States except when procured by fraud. “(B) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1553a of this title.”. (B) Section 1553(b) of such title is amended— (i) by inserting “(1)” before “A board”; and (ii) by adding at the end the following new paragraph: “(2) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1552 or section 1553a of this title, as applicable.”. (c) Deadline.—The Secretary of Defense shall implement section 1553a of such title, as added by subsection (a), not later than January 1, 2021. (d) Resources.—In establishing and implementing the process under such section 1553a, the Secretary of Defense shall, to the maximum extent practicable, use existing organizations, boards, processes, and personnel of the Department of Defense. (1) REPORT.—Not later than January 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the process established under such section 1553a. The report shall include, with respect to considerations under such process since implementation, the following: (A) The number of requests considered. (B) The number of upgrades to the characterization of a discharge or dismissal granted pursuant to such process, including the most common reasons for such upgrades. (C) The number of upgrades to the characterization of a discharge or dismissal declined pursuant to such process, including the most common reasons for such declinations. (2) ONLINE PUBLICATION.—On October 1, 2022, and annually thereafter, the Secretary shall publish the information described in paragraph (1) with regards to the immediately preceding fiscal year on a website of the Department of Defense that is accessible by the public. SEC. 524. Prohibition on reduction in the number of personnel assigned to duty with a
service review agency. (a) Prohibition.—Section 1559(a) of title 10, United States Code, is amended— (1) by striking “December 31, 2019” and inserting “December 31, 2025”; (2) by striking “that agency until—” and inserting “that agency.”; and (3) by striking subsections (1) and (2). (1) REPORT REQUIRED.—Not later than 180 days after the enactment of this Act, the Secretary of each military department shall submit a report to the Committees on Armed Services of the Senate and House of Representatives that details a plan to— (A) reduce the backlog of applications before the service review agency of the military department concerned; and (B) maintain the resources required to meet the timeliness standards for disposition of applications before the Corrections Boards under section 1557 of title 10, United States Code, not later than October 1, 2021. (2) ELEMENTS.—Each report under this subsection shall include the following: (A) A description of the current backlog of applications before the service review agency of the military department concerned. (B) The number of personnel required to meet the deadline described in paragraph (1)(B). (C) The plan of the Secretary concerned to modernize the application and review system of the service review agency of the military department concerned. SEC. 525. Training of members of boards for correction of military records and
discharge review boards on sexual trauma, intimate partner
violence, spousal
abuse, and related matters. (a) Boards for correction of military records.—The curriculum of training for members of boards for the correction of military records under section 534(c) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each of the following: (1) Sexual trauma. (2) Intimate partner violence. (3) Spousal abuse. (4) The various responses of individuals to trauma. (1) IN GENERAL.—Each Secretary concerned shall develop and provide training for members of discharge review boards under section 1553 of title 10, United States Code, that are under the jurisdiction of such Secretary on each of the following: (A) Sexual trauma. (B) Intimate partner violence. (C) Spousal abuse. (D) The various responses of individuals to trauma. (2) UNIFORMITY OF TRAINING.—The Secretary of Defense and the Secretary of Homeland Security shall jointly ensure that the training developed and provided pursuant to this subsection is, to the extent practicable, uniform. (3) SECRETARY CONCERNED DEFINED.—In this subsection, the term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code. The Secretary of Defense shall publish regulations for submission and processing of a completed United States Citizenship and Immigration Services Form N–426, by a member of the Armed Forces. Such regulations shall designate the appropriate level for the certifying officer as well as establish time requirements for the form to be returned to the member of the Armed Forces. (a) In general.—In accordance with this section, and in a manner that is consistent across the military departments to the greatest extent practicable, the appropriate board shall, at the request of a covered member or the authorized representative of a covered member— (1) review the discharge characterization of that covered member; and (2) change the discharge characterization of that covered member to honorable if the appropriate board determines such change to be appropriate after review under paragraph (1). (b) Appeal.—A covered member or the authorized representative of that covered member may seek review of a decision by the appropriate board not to change the discharge characterization of that covered member. Such review may be made pursuant to section 1552 of title 10, United States Code, section 1553 of such title, or any other process established by the Secretary of Defense for such purpose. (c) Change of records.—For each covered member whose discharge characterization is changed under subsection (a) or (b), the Secretary of the military department concerned shall issue to the covered member or the authorized representative of the covered member a corrected Certificate of Release or Discharge from Active Duty (DD Form 214), or other like form regularly used by an Armed Force that— (1) reflects the upgraded discharge characterization of the covered member; and (2) does not reflect the sexual orientation of the covered member or the original stated reason for the discharge or dismissal of that covered member. (d) Definitions.—In this section: (1) The term “appropriate board” means a board for the correction of military or naval records under section 1552 of title 10, United States Code, or a discharge review board under section 1553 of such title, as the case may be. (2) The term “authorized representative” means an heir or legal representative of a covered member. (3) The term “covered member” means any former member of the Armed Forces who was discharged from the Armed Forces because of the sexual orientation of that member. (4) The term “discharge characterization” means the characterization assigned to the service of a covered member on the discharge or dismissal of that covered member from service in the Armed Forces. SEC. 528. Development of guidelines for use of unofficial sources of information to
determine eligibility of members and former members of the
Armed Forces for
decorations when the service records are incomplete because
of damage to the
official record. (a) Guidelines required.—The Secretary of Defense shall develop guidelines regarding the use by the Secretaries of the military departments of unofficial sources of information, including eyewitness statements, to determine the eligibility of a member or former member of the Armed Forces for decorations when the service records of the member are incomplete because of damage to the records as a result of the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, or any subsequent incident while the records were in the possession of the Department of Defense. (b) Time for completion.—The Secretary of Defense shall complete development of the guidelines not later than one year after the date of the enactment of this Act. (a) Plan required.—The Secretary of Defense shall design and implement a five-year strategic plan for diversity and inclusion in the Department of Defense. (b) Elements.—The strategic plan under this section— (1) shall incorporate existing efforts to promote diversity and inclusion within the Department; and (2) may not conflict with the objectives of the 2018 National Military Strategy. (c) Deadline.—The Secretary shall implement the strategic plan under this section not later than one year after the date of the enactment of this Act. (a) Study.—The Secretary of Defense shall study the feasibility of, in background investigations and security and suitability screenings of individuals who seek to enlist in the Armed Forces— (1) screening for extremist and gang-related activity; and (2) using the following resources of the Federal Bureau of Investigation: (A) The Tattoo and Graffiti Identification Program. (B) The National Gang Intelligence Center. (b) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an unclassified report in writing to the Committees on Armed Services of the Senate and House of Representatives containing conclusions of the Secretary regarding the study under subsection (a). SEC. 530A. Feasibility study regarding notification to Secretary of Homeland Security
of honorable discharges of non-citizens. (a) Study required.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall study the feasibility of providing the Secretary of Homeland Security with a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214) or National Guard Report of Separation and Record of Service (NGB-22) for each individual who is not a citizen of the United States who is honorably discharged from the Armed Forces so the Secretary of Homeland Security may note such discharge in an I–213 Record of Deportable/Inadmissible Alien for that individual. (b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the committees on Armed Services of the Senate and House of Representatives a report regarding the results of the study under this section. It is the sense of Congress that the Secretary of Defense should explore alternatives to centralized accession physicals at Military Entrance Processing Stations, including conducting physicals through community health care providers, in order to reduce transportation costs, increase efficiency in processing times, and free recruiters to focus on the core of the recruiting mission. SEC. 531. Expansion of pre-referral matters reviewable by military judges and military
magistrates in the interest of efficiency in military
justice. (a) In general.—Subsection (a) of section 830a of title 10, United States Code (article 30a of the Uniform Code of Military Justice), is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs: “(1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following: “(A) Pre-referral investigative subpoenas. “(B) Pre-referral warrants or orders for electronic communications. “(C) Pre-referral matters referred by an appellate court. “(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b). “(E) Pre-referral matters relating to the following: “(i) Pre-trial confinement of an accused. “(ii) The mental capacity or mental responsibility of an accused. “(iii) A request for an individual military counsel. “(2) In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall— “(A) set forth the matters that a military judge may rule upon in such proceedings; “(B) include procedures for the review of such rulings; “(C) include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and “(D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.”. (b) Conforming and clerical amendments.— (1) HEADING AMENDMENT.—The heading of such section is amended to read as follows: (2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 830a (article 30a) and inserting the following new item: (a) In general.—Section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), is amended— (1) by striking “Unlawfully influencing action of court” and inserting “Command influence”; (2) by amending subsection (a) to read as follows: “(a) (1) No court-martial convening authority, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. “(2) No court-martial convening authority, nor any other commanding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence. “(3) No person subject to this chapter may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority or preliminary hearing officer with respect to such acts taken pursuant to this chapter as prescribed by the President. “(4) Conduct that does not constitute a violation of paragraphs (1) through (3) may include, for example— “(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing persons on the substantive and procedural aspects of courts-martial; “(B) statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition, or a particular court-martial finding or sentence, or do not relate to a particular accused; or “(C) statements and instructions given in open court by the military judge or counsel. “(5) (A) Notwithstanding paragraphs (1) through (3), but subject to subparagraph (B)— “(i) a superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of this chapter with a subordinate convening authority or officer; and “(ii) a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under this chapter. “(B) No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.”; (A) by striking “advanced, in grade” and inserting “advanced in grade”; and (B) by striking “accused before a court-martial” and inserting “person in a court-martial proceeding”; and (4) by adding at the end the following new subsections: “(c) No finding or sentence of a court-martial may be held incorrect on the ground of a violation of this section unless the violation materially prejudices the substantial rights of the accused. “(d) (1) A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases, types of cases, or generally. “(2) Except as provided in paragraph (1) or as otherwise authorized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses.”. (b) Clerical amendment.—The table of sections at the beginning subchapter VII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 837 (article 37) and inserting the following new item:
(c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply with respect to violations of section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), committed on or after such date. (a) In general.—Section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended— (1) in subsection (a), by inserting “maiming of a child, kidnapping of a child,” after “sexual assault of a child,”; and (A) by striking clauses (ii) and (iv); and (B) by redesignating clause (iii) as clause (ii). (b) Effective date.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to the prosecution of offenses committed before, on, or after the date of the enactment of this Act if the applicable limitation period has not yet expired. SEC. 534. Public access to dockets, filings, and court records of courts-martial or
other records of trial of the military justice system. (a) In general.—Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), is amended— (1) by striking “The Secretary of Defense” and inserting “(a) In general.—The Secretary of Defense, in consultation with the Secretary of Homeland Security,”; (2) in subsection (a), as designated by paragraph (1)— (A) in the matter preceding paragraph (1), by inserting “(including with respect to the Coast Guard)” after “military justice system”; and (B) in paragraph (4), by inserting “public” before “access to docket information”; and (3) by adding at the end the following new subsections: “(b) Protection of certain personally identifiable information.—Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (including victims of sexual assault and domestic violence), as practicable to the extent such information is restricted in electronic filing systems of Federal and State courts. “(c) Inapplicability to certain dockets and records.—Nothing in this section shall be construed to provide public access to docket information, filings, or records that are classified, subject to a judicial protective order, or ordered sealed.”. (b) Existing standards and criteria.—The Secretary of Homeland Security shall apply to the Coast Guard the standards and criteria for conduct established by the Secretary of Defense under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as in effect on the day before the date of the enactment of this Act, until such time as the Secretary of Defense, in consultation with the Secretary of Homeland Security, prescribes revised standards and criteria for conduct under such section that implement the amendments made by subsection (a) of this section. SEC. 535. Extension of Defense Advisory Committee
on Investigation, Prosecution, and Defense of Sexual
Assault in the Armed
Forces. Section 546(f)(1) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended by striking “five” and inserting “10”. SEC. 536. Authority for return of personal property to victims of sexual assault who
file a Restricted Report before conclusion of related
proceedings. Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 1561 note) is amended— (1) by redesignating subsection (f) as subsection (e); (2) in subsection (e), as so redesignated, in the subsection heading, by inserting “in unrestricted reporting cases” after “proceedings”; and (3) by adding at the end the following new subsection: “(f) Return of personal property in restricted reporting cases.— (1) The Secretary of Defense shall prescribe procedures under which a victim who files a restricted report on an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination. “(2) The procedures shall ensure that— “(A) a request of a victim under paragraph (1) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and “(B) at the time of the filing of the restricted report, a Sexual Assault Response Coordinator or Sexual Assault Prevention and Response Victim Advocate— “(i) informs the victim that the victim may request the return of personal property as described in paragraph (1); and “(ii) advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication, if the victim later decides to convert the restricted report to an unrestricted report. “(3) Except with respect to personal property returned to a victim under this subsection, nothing in this subsection shall affect the requirement to retain a sexual assault forensic examination (SAFE) kit for the period specified in subsection (c)(4)(A).”. SEC. 537. Guidelines on sentences for offenses committed under the Uniform Code of
Military Justice. (a) Development of guidelines.—Not later than the date specified in subsection (d), the Secretary of Defense shall develop nonbinding guidelines on sentences for offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). The guidelines shall provide the sentencing authority with a suggested range of punishments, including suggested ranges of confinement, that will generally be appropriate for a violation of each offense under such chapter. (b) Sentencing data.—In developing the guidelines for sentences under subsection (a), the Secretary of Defense shall take into account the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice). (c) Submittal to Congress.—Not later than the date specified in subsection (d), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (1) the guidelines for sentences developed under subsection (a); and (2) an assessment of the feasibility and advisability of implementing such guidelines in panel sentencing cases. (d) Date specified.—The date specified in this subsection is the date that is not later than one year after the date on the which the first report of the Military Justice Review Panel is submitted to the Committees on Armed Services of the Senate and the House of Representatives pursuant to section 946(f)(5) of title 10, United States Code (article 146(f)(5) of the Uniform Code of Military Justice). SEC. 538. Notification of significant events and documentation of preference for
prosecution jurisdiction for victims of sexual assault. (a) Notification to victims of events in military justice process.— (1) NOTIFICATION REQUIRED.—A member of the Armed Forces who is the victim of an alleged sexual assault by another member of the Armed Forces shall receive notification of each significant event in the military justice process that relates to the investigation, prosecution, and confinement of such other member for such assault. (2) DOCUMENTATION.—Appropriate documentation of each notification made pursuant to paragraph (1) shall be created and maintained in an appropriate system of records of the military department concerned. (b) Documentation of victim’s preference for prosecution jurisdiction.—In the case of a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the Armed Forces who is subject to prosecution for such offense both by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and by a civilian court under Federal or State law, appropriate documentation of the preference, if any, of such victim for prosecution of such offense by court-martial or by a civilian court as provided for by Rule for Courts-Martial 306(e) (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule), shall be created and maintained in an appropriate system of records of the military department concerned. (c) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing this section. SEC. 539. Increase in number of digital forensic examiners for certain military
criminal investigative organizations. (a) In general.—Each Secretary of a military department shall take appropriate actions to increase the number of digital forensic examiners in each military criminal investigative organization specified in subsection (b) under the jurisdiction of such Secretary by not fewer than 10 from the authorized number of such examiners for such organization as of September 30, 2019. (b) Military criminal investigative organizations.—The military criminal investigative organizations specified in this subsection are the following: (1) The Army Criminal Investigation Command. (2) The Naval Criminal Investigative Service. (3) The Air Force Office of Special Investigations. (c) Funding.—Funds for additional digital forensic examiners as required by subsection (a) for fiscal year 2020, including for compensation, initial training, and equipment, shall be derived from amounts authorized to be appropriated for that fiscal year for the Armed Force concerned for operation and maintenance. (a) Military criminal investigative services.—Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall increase the number of personnel assigned to the military criminal investigative services of the department with the goal of ensuring, to the extent practicable, that the investigation of any sex-related offense is completed not later than six months after the date on which the investigation is initiated. An investigation shall be considered completed for purposes of the preceding sentence when the active phase of the investigation is sufficiently complete to enable the appropriate authority to reach a decision with respect to the disposition of charges for the sex-related offense. (b) Victim Witness Assistance Program liaisons.—Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall increase the number of personnel serving as Victim Witness Assistance Program liaisons to address personnel shortages in the Victim Witness Assistance Program. (c) Rule of construction.—Nothing in this section shall be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 540A. Training for sexual assault initial disposition authorities on exercise of
disposition authority for sexual assault and collateral
offenses. (a) In general.—The training for sexual assault initial disposition authorities on the exercise of disposition authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), shall include comprehensive training on the exercise of disposition authority with respect to cases for which disposition authority is withheld to such authorities pursuant to the memorandum described in subsection (b) for the purpose of promoting confidence and trust in the military justice process with respect to such cases. (b) Memorandum described.—The memorandum described in this subsection is the memorandum of the Secretary of Defense titled “Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases” and dated April 20, 2012, or any successor memorandum. SEC. 540B. Training for commanders in the Armed Forces on their role in all stages of
military justice in connection with sexual assault. (a) In general.—The training provided commanders in the Armed Forces shall include comprehensive training on the role of commanders in all stages of military justice in connection with sexual assaults by members of the Armed Forces. (b) Elements To be covered.—The training provided pursuant to subsection (a) shall include training on the following: (1) The role of commanders in each stage of the military justice process in connection with sexual assault committed by a member of the Armed Forces, including investigation and prosecution. (2) The role of commanders in assuring that victims of sexual assault described in paragraph (1) are informed of, and have the opportunity to obtain, assistance available for victims of sexual assault by law. (3) The role of commanders in assuring that victims of sexual assault described in paragraph (1) are afforded the rights and protections available to victims by law. (4) The role of commanders in preventing retaliation against victims, their family members, witnesses, first responders, and bystanders for their their complaints, statements, testimony, and status in connection with sexual assault described in paragraph (1), including the role of commanders in ensuring that subordinates in the command are aware of their responsibilities in preventing such retaliation. (5) The role of commanders in establishing and maintaining a healthy command climate in connection with reporting on sexual assault described in paragraph (1), and in the response of the commander, subordinates in the command, and other personnel in the command to such sexual assault, such reporting, and the military justice process in connection with such sexual assault. (6) Any other matters on the role of commanders in connection with sexual assault described in paragraph (1) that the Secretary of Defense considers appropriate for purposes of this section. (c) Incorporation of best practices.— (1) IN GENERAL.—The training provided pursuant to subsection (a) shall incorporate best practices on all matters covered by the training. (2) IDENTIFICATION OF BEST PRACTICES.—The Secretaries of the military departments shall, acting through the training and doctrine commands of the Armed Forces, undertake from time to time surveys and other reviews of the matters covered by the training provided pursuant to subsection (a) in order to identify and incorporate into such training the most current practicable best practices on such matters. (d) Uniformity.—The Secretary of Defense shall ensure that the training provided pursuant to subsection (a) is, to the extent practicable, uniform across the Armed Forces. (a) Policy required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of nonprosecutable sex-related offenses. (b) Nonprosecutable sex-related offense defined.—In this section, the term “nonprosecutable sex-related offense” means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial convening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), due to a determination that there is insufficient evidence to support prosecution of the sex-related offense. SEC. 540D. Department of Defense-wide policy and military department-specific programs
on reinvigoration of the prevention of sexual assault
involving members of the
Armed Forces. (a) Policy required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and issue a comprehensive policy for the Department of Defense to reinvigorate the prevention of sexual assault involving members of the Armed Forces. (1) IN GENERAL.—The policy required by subsection (a) shall include the following: (A) Education and training for members of the Armed Forces on the prevention of sexual assault. (B) Elements for programs designed to encourage and promote healthy relationships among members of the Armed Forces. (C) Elements for programs designed to empower and enhance the role of non-commissioned officers in the prevention of sexual assault. (D) Elements for programs to foster social courage among members of the Armed Forces to encourage and promote intervention in situations in order to prevent sexual assault. (E) Processes and mechanisms designed to address behaviors among members of the Armed Forces that are included in the continuum of harm that frequently results in sexual assault. (F) Elements for programs designed to address alcohol abuse, including binge drinking, among members of the Armed Forces. (G) Such other elements, processes, mechanisms, and other matters as the Secretary of Defense considers appropriate. (2) CONTINUUM OF HARM RESULTING IN SEXUAL ASSAULT.—For purposes of paragraph (1)(E), the continuum of harm that frequently results in sexual assault includes hazing, sexual harassment, and related behaviors (including language choices, off-hand statements, jokes, and unconscious attitudes or biases) that create a permissive climate for sexual assault. (c) Programs required.—Not later than 180 days after the issuance of the policy required by subsection (a), each Secretary of a military department shall develop and implement for each Armed Force under the jurisdiction of such Secretary a program to reinvigorate the prevention of sexual assaults involving members of the Armed Forces. Each program shall include the elements, processes, mechanisms, and other matters developed by the Secretary of Defense pursuant to subsection (a) tailored to the requirements and circumstances of the Armed Force or Armed Forces concerned. SEC. 540E. Recommendations on separate punitive
article in the Uniform Code of Military Justice on sexual
harassment. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on sexual harassment. SEC. 540F. Report on military justice system involving alternative authority for
determining whether to prefer or refer changes for felony
offenses under the
Uniform Code of Military Justice. (1) IN GENERAL.—Not later than 300 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a study, conducted for purposes of the report, on the feasibility and advisability of an alternative military justice system in which determinations as to whether to prefer or refer charges for trial by court-martial for any offense specified in paragraph (2) is made by a judge advocate in grade O–6 or higher who has significant experience in criminal litigation and is outside of the chain of command of the member subject to the charges rather than by a commanding officer of the member who is in the chain of command of the member. (2) SPECIFIED OFFENSE.—An offense specified in this paragraph is any offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized includes confinement for more than one year. (b) Elements.—The study required for purposes of the report under subsection (a) shall address the following: (1) Relevant procedural, legal, and policy implications and considerations of the alternative military justice system described in subsection (a). (2) An analysis of the following in connection with the implementation and maintenance of the alternative military justice system: (A) Legal personnel requirements. (B) Changes in force structure. (C) Amendments to law. (D) Impacts on the timeliness and efficiency of legal processes and court-martial adjudications. (E) Potential legal challenges to the system. (F) Potential changes in prosecution and conviction rates. (G) Potential impacts on the preservation of good order and discipline, including the ability of a commander to carry out nonjudicial punishment and other administrative actions. (H) Such other considerations as the Secretary considers appropriate. (3) A comparative analysis of the military justice systems of relevant foreign allies with the current military justice system of the United States and the alternative military justice system, including whether or not approaches of the military justice systems of such allies to determinations described in subsection (a) are appropriate for the military justice system of the United States. (4) An assessment of the feasibility and advisability of conducting a pilot program to assess the feasibility and advisability of the alternative military justice system, and, if the pilot program is determined to be feasible and advisable— (A) an analysis of potential legal issues in connection with the pilot program, including potential issues for appeals; and (B) recommendations on the following: (i) The populations to be subject to the pilot program. (ii) The duration of the pilot program. (iii) Metrics to measure the effectiveness of the pilot program. (iv) The resources to be used to conduct the pilot program. SEC. 540G. Report on standardization among the military departments in collection and presentation of information on matters within the military justice system. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following: (1) A plan for actions to provide for standardization, to the extent practicable, among the military departments in the collection and presentation of information on matters within their military justice systems, including information collected and maintained for purposes of section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), and such other information as the Secretary considers appropriate. (2) An assessment of the feasibility and advisability of establishing and maintaining a single, Department of Defense-wide data management system for the standardized collection and presentation of information described in paragraph (1). (a) Report.—Not late than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of expanding the applicability of the safe to report policy described in subsection (b) so that the policy applies across the Armed Forces. (b) Safe to report policy.—The safe to report policy described in this subsection is the policy, currently applicable in the Air Force alone, under which a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the Armed Forces, but who may have committed minor collateral misconduct at or about the time of such alleged sexual assault, or whose minor collateral misconduct at or about such time is discovered only as a result of the investigation into such alleged sexual assault, may report such alleged sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct. (a) In general.—The Secretary of Defense shall provide for the carrying out of the activities described in subsections (b) and (c) in order to improve the ability of the Department of Defense to detect and address racial, ethnic, and gender disparities in the military justice system. (b) Secretary of Defense and related activities.—The activities described in this subsection are the following, to be commenced or carried out (as applicable) by not later than 180 days after the date of the enactment of this Act: (1) For each court-martial conducted by an Armed Force after the date of the enactment of this Act, the Secretary of Defense shall require the head of the Armed Force concerned— (A) to record the race, ethnicity, and gender of the victim and the accused, and such other demographic information about the victim and the accused as the Secretary considers appropriate; (B) to include data based on the information described in subparagraph (A) in the annual military justice reports of the Armed Force. (2) The Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, shall issue guidance that— (A) establishes criteria to determine when data indicating possible racial, ethnic, or gender disparities in the military justice process should be further reviewed; and (B) describes how such a review should be conducted. (3) The Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, shall— (A) conduct an evaluation to identify the causes of any racial, ethnic, or gender disparities identified in the military justice system; (B) take steps to address the causes of any such disparities, as appropriate. (1) IN GENERAL.—The activities described in this subsection are the following, to be conducted by the independent committee DAC–IPAD: (A) A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces accused of a penetrative sexual assault offense or contact sexual assault offense in an unrestricted report made pursuant to Department of Defense Instruction 6495.02, including an unrestricted report involving a spouse or intimate partner, in all cases completed in each fiscal year assessed. (B) A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces against whom charges were preferred pursuant to Rule for Courts-Martial 307 for a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed. (C) A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces who were convicted of a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed. (2) INFORMATION FROM FEDERAL AGENCIES.— (A) IN GENERAL.—Upon request by the chair of the committee, a department or agency of the Federal Government shall provide information that the committee considers necessary to conduct reviews and assessments required by paragraph (1), including military criminal investigation files, charge sheets, records of trial, and personnel records. (B) HANDLING, STORAGE, AND RETURN.—The committee shall handle and store all records received and reviewed under this subsection in accordance with applicable privacy laws and Department of Defense policy, and shall return all records so received in a timely manner. (3) REPORT.—Not later than one year after the date of the enactment of this Act, the committee shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report setting forth the results of the reviews and assessments required by paragraph (1). The report shall include such recommendations for legislative or administrative action as the committee considers appropriate in light of such results. (4) DEFINITIONS.—In this subsection: (A) The term “independent committee DAC–IPAD” means the independent committee established by the Secretary of Defense under section 546 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3374), commonly known as the “DAC-IPAD”. (B) The term “case” means an unrestricted report of any penetrative sexual assault offense or contact sexual assault offense made against a member of the Armed Forces pursuant to Department of Defense Instruction 6495.02, including any unrestricted report involving a spouses or intimate partner for which an investigation has been opened by a criminal investigative organization. (C) The term “completed”, with respect to a case, means that the case was tried to verdict, dismissed without further action, or dismissed and then resolved by non-judicial or administrative proceedings. (D) The term “contact sexual assault offense” means aggravated sexual contact, abusive sexual contact, wrongful sexual contact, and attempts to commit such offenses under the Uniform Code of Military Justice. (E) The term “penetrative sexual assault offense” means rape, aggravated sexual assault, sexual assault, forcible sodomy, and attempts to commit such offenses under the Uniform Code of Military Justice. (a) In general.—Each Secretary of a military department shall carry out a pilot program on defense investigators within the military justice system under the jurisdiction of such Secretary in order to do the following: (1) Determine whether the presence of defense investigators within such military justice system will— (A) make such military justice system more effective in providing an effective defense for the accused; and (B) make such military justice system more fair and efficient. (2) Otherwise assess the feasibility and advisability of defense investigators as an element of such military justice system. (1) INTERVIEW OF VICTIM.—A defense investigator may question a victim under a pilot program only upon a request made through the Special Victims’ Counsel or other counsel if the victim does not have such counsel. (2) UNIFORMITY ACROSS MILITARY JUSTICE SYSTEMS.—The Secretary of Defense shall ensure that the personnel and activities of defense investigators under the pilot programs are, to the extent practicable, uniform across the military justice systems of the military departments. (1) IN GENERAL.—Not later than three years after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs under subsection (a). (2) ELEMENTS.—The report required by paragraph (1) shall include the following: (A) A description of each pilot program, including the personnel and activities of defense investigators under such pilot program. (B) An assessment of the feasibility and advisability of establishing and maintaining defense investigators as an element of the military justice systems of the military departments. (C) If the assessment under subparagraph (B) is that the establishment and maintenance of defense investigators as an element of the military justice systems of the military departments is feasible and advisable, such recommendations for legislative and administrative action as the Secretary of Defense considers appropriate to establish and maintain defense investigators as an element of the military justice systems. (D) Any other matters the Secretary of Defense considers appropriate. SEC. 540K. Report on preservation of recourse to restricted report on sexual assault for victims of sexual assault following certain victim or third-party communications. (a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report making findings and recommendations on the feasibility and advisability of a policy for the Department of Defense that would permit a victim of a sexual assault, that is or may be investigated as a result of a communication described in subsection (b), which victim is a member of the Armed Forces or an adult dependent of a member of the Armed Forces, to have the reporting on the sexual assault be treated as a restricted report without regard to the party initiating or receiving such communication. (b) Communications.—A communication described in this subsection is a communication reporting a sexual assault as follows: (1) By the victim to a member of the Armed Forces, whether a commissioned officer or a noncommissioned officer, in the chain of command of the victim or the victim's military sponsor. (2) By the victim to military law enforcement personnel or personnel of a military criminal investigative organization (MCIO). (3) By any individual other than victim. (c) Scope of findings and recommendations.—The report required by subsection (a) may include recommendations for new provisions of statute or regulations, or modification of current statute or regulations, that may be required to put into effect the findings and recommendations described in subsection (a). (d) Consultation.—In preparing the report required by subsection (a), the Secretary shall consult with the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC–IPAD) under section 546 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note). SEC. 540L. Report on establishment of guardian ad litem program for certain military
dependents who are a victim or witness of an offense under
the Uniform Code of
Military Justice involving abuse or exploitation. (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of establishing a guardian ad litem program for military dependents described in paragraph (2) who are a victim or witness of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that involves an element of abuse or exploitation in order to protect the best interests of such dependents in a court-martial of such offense. (2) COVERED DEPENDENTS.—The military dependents described in this paragraph are as follows: (A) Military dependents under 12 years of age. (B) Military dependents who lack mental or other capacity. (b) Elements.—The report required by subsection (a) shall include the following: (1) An assessment of the feasibility and advisability of establishing a guardian ad litem program as described in subsection (a). (2) If establishment of the guardian ad litem program is considered feasible and advisable, the following: (A) A description of administrative requirements in connection with the program, including the following: (i) Any memoranda of understanding between the Department of Defense and State and local authorities required for purposes of the program. (ii) The personnel, funding, and other resources required for purposes of the program. (B) Best practices for the program (as determined in consultation with appropriate civilian experts on child advocacy). (C) Such recommendations for legislative and administration action to implement the program as the Secretary considers appropriate. SEC. 540M. Comptroller General of the United States report on implementation by the
Armed Forces of recent statutory requirements on sexual
assault prevention and
response in the military. (a) Report required.—The Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, in writing, on a study, conducted by the Comptroller General for purposes of the report, on the implementation by the Armed Forces of statutory requirements on sexual assault prevention and response in the military in the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) and each succeeding national defense authorization Act through the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232). (b) Elements.—The report required by subsection (a) shall include the following: (1) A list and citation of each statutory requirement (whether codified or uncodified) on sexual assault prevention and response in the military in each national defense authorization Act specified in paragraph (1), including— (A) whether such statutory requirement is still in force; and (B) if such statutory requirement is no longer in force, the date of the repeal or expiration of such requirement. (2) For each statutory requirement listed pursuant to paragraph (1), the following: (A) An assessment of the extent to which such requirement was implemented, or is currently being implemented, as applicable, by each Armed Force to which such requirement applied or applies. (B) A description and assessment of the actions taken by each of the Department of Defense, the military department concerned, and the Armed Force concerned to assess and determine the effectiveness of actions taken pursuant to such requirement in meeting its intended objective. (3) Any other matters in connection with the statutory requirements specified in subsection (a), and the implementation of such requirements by the Armed Forces, that the Comptroller General considers appropriate. (c) Briefings.—Not later than May 1, 2020, the Comptroller General shall provide to the committees referred to in subsection (a) one or more briefings on the status of the study required by subsection (a), including any preliminary findings and recommendations of the Comptroller General as a result of the study as of the date of such briefing. It is the sense of Congress that— (1) the American people should recognize the role of racial bias during the era in which the prosecution and convictions of the Port Chicago 50 took place for mutiny following the deadliest home-front disaster in World War II, in which 320 were killed on July 17, 1944, during a munitions explosion; and (2) in light of the well-documented challenges associated with uniformed service by African Americans during this era, the Secretary of the Navy should, as appropriate, recommend executive action in favor of the 49 remaining Sailors with general court-martial convictions and the 207 remaining Sailors with summary court-martial convictions. (a) Enhancement of legal consultation and assistance in connection with potential victim benefits.—Paragraph (8)(D) of subsection (b) of section 1044e of title 10, United States Code, is amended by striking “and other” and inserting “, section 1408(h) of this title, and other”. (b) Expansion of legal assistance authorized to Include consultation and assistance for retaliation.—Subsection (b) of such section is amended further— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): “(10) Legal consultation and assistance in connection with an incident of retaliation, whether such incident occurs before, during, or after the conclusion of any criminal proceedings, including— “(A) in understanding the rights and protections afforded to victims of retaliation; “(B) in the filing of complaints; and “(C) in any resulting military justice proceedings.”. (c) Staffing caseload levels.—Such section is further amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following new subsection (g): “(g) Staffing caseload levels.—Commencing not later than four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary concerned shall ensure that the number of Special Victims’ Counsel serving in each military department (and with respect to the Coast Guard) is sufficient to ensure that the average caseload of a Special Victims’ Counsel does not exceed, to the extent practicable, 25 cases any given time.”. (a) Deadline for availability.—Section 1044e(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) (A) Subject to subparagraph (B), if a Special Victims' Counsel is not available at a military installation for access by a member of the armed forces who requests access to a Special Victims' Counsel, a Special Victims' Counsel shall be made available at such installation for access by such member by not later than 72 hours after such request. “(B) If the Secretary concerned determines that, due to exigent circumstances related to military activities, a Special Victims’ Counsel cannot be made available to a member of the armed forces within the time period required by subparagraph (A), the Secretary concerned shall ensure that a Special Victims' Counsel is made available to such member as soon as is practical under such circumstances.”. (b) Report on civilian support of SVCs.—Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the assessment of such Secretary of the feasibility and advisability of establishing and maintaining for each Special Victims' Counsel under the jurisdiction of such Secretary one or more civilian positions for the purpose of— (1) providing support to such Special Victims' Counsel; and (2) ensuring continuity and the preservation of institutional knowledge in transitions between the service of individuals as such Special Victims' Counsel. (a) Notification of issuance.—Section 1567a of title 10, United States Code, is amended— (1) in subsection (a), by striking “and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify” and inserting “, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify”; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following new subsection (b); “(b) Notification in event of transfer.—In the event that a member of the armed forces against whom a military protective order is issued is transferred to another unit— “(1) not later than the date of the transfer, the commander of the unit from which the member is transferred shall notify the commander of the unit to which the member is transferred of— “(A) the issuance of the protective order; and “(B) the individuals involved in the order; and “(2) not later than seven days after receiving the notice under paragraph (1), the commander of the unit to which the member is transferred shall provide notice of the order to the appropriate civilian authorities in accordance with subsection (a).”; and (4) in subsection (c), as so redesignated, by striking “commander of the military installation” and inserting “commander of the unit to which the member is assigned”. (b) Annual report required.—Not later than March 1, 2021, and each year thereafter through 2025, the Secretary of Defense shall submit to the congressional defense committees a report that identifies— (1) the number of military protective orders issued in the calendar year preceding the year in which the report is submitted; and (2) the number of such orders that were reported to appropriate civilian authorities in accordance with section 1567a(a) of title 10, United States Code, in such preceding year. Section 105 of title 17, United States Code, is amended— (1) by inserting “(a) In general.—” before “Copyright”; and (2) by adding at the end the following: “(b) Copyright protection of certain of works.—Subject to subsection (c), the covered author of a covered work owns the copyright to that covered work. “(c) Use by Federal Government.—The Secretary of Defense may direct the covered author of a covered work to provide the Federal Government with an irrevocable, royalty-free, world-wide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. “(c) Definitions.—In this section: “(1) The term ‘covered author’ means a civilian member of the faculty of a covered institution. “(2) The term ‘covered institution’ means the following: “(A) National Defense University. “(B) United States Military Academy. “(C) Army War College. “(D) United States Army Command and General Staff College. “(E) United States Naval Academy. “(F) Naval War College. “(G) Naval Post Graduate School. “(H) Marine Corps University. “(I) United States Air Force Academy. “(J) Air University. “(K) Defense Language Institute. “(L) United States Coast Guard Academy. “(3) The term ‘covered work’ means a literary work produced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal.”. SEC. 545. Termination of leases of premises and motor vehicles of servicemembers who
incur catastrophic injury or illness or die while in
military service. (a) Catastrophic injuries and illnesses.—Subsection (a) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955), as amended by section 301 of the Veterans Benefits and Transition Act of 2018 (Public Law 115–407), is further amended by adding at the end the following new paragraph: “(4) CATASTROPHIC INJURY OR ILLNESS OF LESSEE.—The spouse of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date on which the lessee incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the lessee incurs the catastrophic injury or illness during a period of military service or while performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”. (b) Deaths.—Paragraph (3) of such subsection is amended by striking “in subsection (b)(1)” and inserting “in subsection (b)”. SEC. 546. Military orders required for termination of leases pursuant to the
Servicemembers Civil Relief Act. Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended— (1) in paragraph (1), by inserting “(including orders for separation or retirement)” after “official military orders”; and (2) by adding at the end the following new paragraph: “(3) PERMANENT CHANGE OF STATION.—The term ‘permanent change of station’ includes separation or retirement from military service.”. (a) In general.—Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended— (1) in paragraph (1), by striking “and” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.”. (b) Construction.—The amendments made by subsection (a) shall not be construed to imply that a person aggrieved by a violation of such Act did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act. (a) In general.—Not later than December 1, 2020, the Secretary of Defense shall carry out a program to provide legal counsel (referred to in this section as “Counsel”) to victims of alleged domestic violence offenses who are otherwise eligible for military legal assistance under section 1044 of title 10, United States Code. (b) Form of implementation.—The program required under subsection (a) may be carried out as part of another program of the Department of Defense or through the establishment of a separate program. (c) Training and terms.—The Secretary of Defense shall ensure that Counsel— (1) receive specialized training in legal issues commonly associated with alleged domestic violence offenses; and (2) to the extent practicable, serve as Counsel for a period of not less than 2 years. (d) Attorney-client relationship.—The relationship between a Counsel and a victim in the provision of legal advice and assistance shall be the relationship between an attorney and client. (e) Paralegal support.—The Secretary of Defense shall ensure that sufficient trained paralegal support is provided to Counsel under the program. (1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the program under subsection (a). (2) ELEMENTS.—The report required under paragraph (1) shall include the following: (A) A description and assessment of the manner in which the Department of Defense will implement the program required under subsection (a). (B) An explanation of whether the program will be carried out as part of another program of the Department or through the establishment of a separate program. (C) A comprehensive description of the additional personnel, resources, and training that will be required to implement the program, including identification of the specific number of additional billets that will be needed to staff the program. (D) Recommendations for any modifications to law that may be necessary to effectively and efficiently implement the program. (g) Alleged domestic violence offense defined.—In this section, the term “alleged domestic violence offense” means any allegation of— (1) a violation of section 928(b), 928b(1), 928b(5), or 930 of title 10, United States Code (article 128(b), 128b(1), 128b(5), or 130 of the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member; (2) a violation of any other provision of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member; or (3) an attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). SEC. 549. Notice to victims of alleged sexual
assault of pendency of further administrative action
following a determination
not to refer to trial by court-martial. Under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of alleged sexual assault for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall periodically notify the victim of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination. (a) Treatment under FOIA.—Victim disclosures under the Catch a Serial Offender Program shall be withheld from public disclosure under paragraph (b)(3) of section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”). (b) Preservation of Restricted Report.—The transmittal or receipt in connection with the Catch a Serial Offender Program of a report on a sexual assault that is treated as a restricted report shall not operate to terminate its treatment or status as a restricted report. SEC. 550A. Policies and procedures on registration at military installations of
civilian protective orders applicable to members of the
Armed Forces assigned to
such installations and certain other individuals. (a) Policies and procedures required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, establish policies and procedures for the registration at military installations of any civilian protective orders described in subsection (b), including the duties and responsibilities of commanders of installations in the registration process. (b) Civilian protective orders.—A civilian protective order described in this subsection is any civilian protective order as follows: (1) A civilian protective order against a member of the Armed Forces assigned to the installation concerned. (2) A civilian protective order against a civilian employee employed at the installation concerned. (3) A civilian protective order against the civilian spouse or intimate partner of a member of the Armed Forces on active duty and assigned to the installation concerned, or of a civilian employee described in paragraph (2), which order provides for the protection of such member or employee. (c) Particular elements.—The policies and procedures required by subsection (a) shall include the following: (1) A requirement for notice between and among the commander, military law enforcement elements, and military criminal investigative elements of an installation when a member of the Armed Forces assigned to such installation, a civilian employee employed at such installation, a civilian spouse or intimate partner of a member assigned to such installation, or a civilian spouse or intimate partner of a civilian employee employed at such installation becomes subject to a civilian protective order. (2) A statement of policy that failure to register a civilian protective order may not be a justification for the lack of enforcement of such order by military law enforcement and other applicable personnel who have knowledge of such order. (d) Letter.—As soon as practicable after establishing the policies and procedures required by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a letter that includes the following: (1) A detailed description of the policies and procedures. (2) A certification by the Secretary that the policies and procedures have been implemented on each military installation. (1) IN GENERAL.—The Secretary of Defense shall establish and maintain within the Department of Defense an advisory committee to be known as the “Defense Advisory Committee for the Prevention of Sexual Misconduct” (in this section referred to as the “Advisory Committee”). (2) DEADLINE FOR ESTABLISHMENT.—The Secretary shall establish the Advisory Committee not later than one year after the date of the enactment of this Act. (1) IN GENERAL.—The Advisory Committee shall consist of not more than 20 members, appointed by the Secretary from among individuals who have an expertise appropriate for the work of the Advisory Committee, including at least one individual with each expertise as follows: (A) Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm. (B) Expertise in adverse behaviors, including the prevention of suicide and the prevention of substance abuse. (C) Expertise in the change of culture of large organizations. (D) Expertise in implementation science. (2) BACKGROUND OF INDIVIDUALS.—Individuals appointed to the Advisory Committee may include individuals with expertise in sexual assault prevention efforts of institutions of higher education, public health officials, and such other individuals as the Secretary considers appropriate. (3) PROHIBITION ON MEMBERSHIP OF MEMBERS OF ARMED FORCES ON ACTIVE DUTY.—A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee. (1) IN GENERAL.—The Advisory Committee shall advise the Secretary on the following: (A) The prevention of sexual assault (including rape, forcible sodomy, other sexual assault, and other sexual misconduct (including behaviors on the sexual assault continuum of harm)) involving members of the Armed Forces. (B) The policies, programs, and practices of each military department, each Armed Force, and each military service academy for the prevention of sexual assault as described in subparagraph (A). (2) BASIS FOR PROVISION OF ADVICE.—For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following: (A) Closed cases involving allegations of sexual assault described in paragraph (1). (B) Efforts of institutions of higher education to prevent sexual assault among students. (C) Any other information or matters that the Advisory Committee or the Secretary considers appropriate. (3) COORDINATION OF EFFORTS.—In addition to the reviews required by paragraph (2), for purposes of providing advice to the Secretary the Advisory Committee shall also consult and coordinate with the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) on matters of joint interest to the two Advisory Committees. (d) Annual report.—Not later than March 30 each year, the Advisory Committee shall submit to the Secretary and the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Advisory Committee pursuant to this section during the preceding year. (e) Sexual assault continuum of harm.—In this section, the term “sexual assault continuum of harm” includes— (1) inappropriate actions (such as sexist jokes), sexual harassment, gender discrimination, hazing, cyber bullying, or other behavior that contributes to a culture that is tolerant of, or increases risk for, sexual assault; and (2) maltreatment or ostracism of a victim for a report of sexual misconduct. (1) IN GENERAL.—Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Committee pursuant to subsection (a). (2) CONTINUATION.—The Secretary of Defense may continue the Advisory Committee after the termination date applicable under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on the Armed Services of the Senate and House of Representatives. SEC. 550C. Training for Special Victims' Counsel on civilian criminal justice matters
in the States of the military installations to which
assigned. (1) IN GENERAL.—Except as provided in subsection (c), upon the assignment of a Special Victims' Counsel (including a Victim Legal Counsel of the Navy) to a military installation in the United States, such Counsel shall be provided appropriate training on the law and policies of the State or States in which such military installation is located with respect to the criminal justice matters specified in paragraph (2). The purpose of the training is to assist such Counsel in providing victims of alleged sex-related offenses with information necessary to make an informed decision regarding preference as to the jurisdiction (whether court-martial or State court) in which such offenses will be prosecuted. (2) CRIMINAL JUSTICE MATTERS.—The criminal justice matters specified in this paragraph, with respect to a State, are the following: (A) Victim rights. (B) Prosecution of criminal offenses. (C) Sentencing for conviction of criminal offenses. (D) Protective orders. (b) Alleged sex-related offense defined.—In this section, the term “alleged sex-related offense” means any allegation of— (1) a violation of section 920, 920b, 920c, or 930 of title 10, United States Code (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or (2) an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (c) Exception.—The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard. SEC. 550D. Enhancing the capability of military criminal investigative organizations to
prevent and combat child sexual exploitation. (a) In general.—Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish and carry out an initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. (b) Activities.—In establishing and carrying out the initiative under subsection (a), the Secretary of Defense may— (1) work with internal and external functional experts to train the personnel of military criminal investigative organizations across the Department regarding— (A) technologies, tools, and techniques, including digital forensics, to enhance the investigation of child sexual exploitation; and (B) evidence-based forensic interviewing of child victims, and the referral of child victims for trauma-informed mental and medical health care, and other treatment and support services; (2) to the extent authorized by law, collaborate with Federal, State, local, and other civilian law enforcement agencies on issues relating to child sexual exploitation, including by— (A) participating in task forces established by such agencies for the purpose of preventing and combating child sexual exploitation; (B) establishing cooperative agreements to facilitate co-training and collaboration with such agencies; and (C) ensuring that streamlined processes for the referral of child sexual exploitation cases to other agencies and jurisdictions, as appropriate, are fully operational; (3) as appropriate, assist in educating the military community on the prevention and response to child sexual exploitation; and (4) carry out such other activities as the Secretary determines to be relevant. (a) Study.—The Secretary of Defense shall conduct a study on the feasibility of establishing a database of military protective orders issued by military commanders against individuals suspected of having committed an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice). The study shall include an examination of each of the following: (1) The feasibility of creating a database to record, track, and report such military protective orders to the National Instant Criminal Background Check System. (2) The feasibility of establishing a process by which a military judge or magistrate may issue a protective order against an individual suspected of having committed such an offense. (3) How the database and process described in paragraphs (1) and (2), respectively, may differ from analogous civilian databases and processes, including with regard to due process and other procedural protections. (b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a). (a) Report required.—Not later than January 31, 2021, the Comptroller General of the United States shall conduct a review and submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding what the Comptroller General determines are the effects of the common commercial and governmental practices of including a mandatory arbitration clause in employment and consumer agreements, on the ability of servicemembers to assert claims under and secure redress for violations of— (1) chapter 43 of title 38, United States Code (commonly referred to as the “Uniformed Services Employment and Reemployments Rights Act of 1994” and referred to in this section as “USERRA”); and (2) the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq. (referred to in this section as “SCRA”)). (b) Elements.—The report under this section shall include the following: (1) Each process by which a servicemember may assert a claim under USERRA or SCRA, including— (A) administrative assistance; (B) support, and dispute resolution processes provided by Federal and State agencies; (C) arbitration; and (D) litigation. (2) With regards to each process identified under paragraph (1), an evaluation of— (A) the flexibility the process affords to the servicemember and other parties to the process; (B) the burden on the servicemember and other parties to the process; (C) the financial cost of the process to the servicemember and the other parties; (D) the speed of each process, including the rate at which each claim pursued under such process is resolved; (E) the confidentiality of each process; and (F) the effects of the process. (3) Based on data regarding the results of past actions to enforce servicemember rights and benefits under USERRA and SCRA, including data of the Departments of Defense and Labor regarding dispute resolution under USERRA and data of the Department of Justice regarding litigation under SCRA— (A) an analysis of the extent to which each of the processes identified in paragraph (1) has been employed to address claims under USERRA or SCRA and (B) the extent to which each such process achieved a final disposition favorable to the servicemember. (4) An assessment of general societal trends in the use of mandatory arbitration clauses in employment and consumer agreements, including any trend in a specific industry or employment sector that relies on mandatory arbitration in such contracts and agreements. (5) An assessment and explanation of any effect— (A) of the use of mandatory arbitration clauses in employment or consumer agreements on military readiness and deployability. (B) of USERRA or SCRA on the willingness of employers to employ, and consumer service businesses to provide services to servicemembers and their families. SEC. 551. Authority for detail of certain enlisted members of the Armed Forces as
students at law schools. (a) In general.—Section 2004 of title 10, United States Code, is amended— (A) by inserting “and enlisted members” after “commissioned officers”; (B) by striking “bachelor of laws or”; and (C) by inserting “and enlisted members” after “twenty-five officers”; (A) in the matter preceding paragraph (1), by inserting “or enlisted member” after “officer”; (B) by striking paragraph (1) and inserting the following new paragraph (1): “(A) have served on active duty for a period of not less than two years nor more than six years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or “(B) have served on active duty for a period of not less than four years nor more than eight years and be an enlisted member in the pay grade E–5, E–6, or E–7 as of the time the training is to begin;”; (C) by redesignating paragraph (2) as paragraph (3); (D) by inserting after paragraph (1), as amended by subparagraph (B), the following new paragraph (2): “(2) in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and”; and (E) in subparagraph (B) of paragraph (3), as redesignated by subparagraph (C) of this paragraph, by striking “or law specialist”; (A) in the first sentence, by inserting “and enlisted members” after “Officers”; and (B) in the second sentence, by inserting “or enlisted member” after “officer” each place it appears; (4) in subsection (d), by inserting “and enlistment members” after “officers”; (5) in subsection (e), by inserting “or enlistment member” after “officer”; and (6) in subsection (f), by inserting “or enlisted member” after “officer”. (b) Conforming and clerical amendments.— (1) HEADING AMENDMENT.—The heading of such section is amended to read as follows: (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 101 of such title is amended by striking the item relating to section 2004 and inserting the following new item:
Section 2193b of title 10, United States Code, is amended— (1) in subsection (a), by inserting “and the Secretary of the Department in which the Coast Guard is operating” after “military departments”; and (2) in subsection (f), by striking “and the Secretaries of the military departments” and inserting “, the Secretaries of the military departments, and the Secretary of the Department in which the Coast Guard is operating”. SEC. 553. Degree granting authority for United States Army Armament Graduate School;
limitation on establishment of certain educational
institutions. (a) Degree granting authority for United States Army Armament Graduate School.— (1) IN GENERAL.—Chapter 751 of title 10, United States Code, is amended by adding at the end the following new section: “§ 7422. Degree granting authority for United States Army Armament Graduate School “(a) Authority.—Under regulations prescribed by the Secretary of the Army, the Chancellor of the United States Army Armament Graduate School may, upon the recommendation of the faculty and provost of the school, confer appropriate degrees upon graduates who meet the degree requirements. “(b) Limitation.—A degree may not be conferred under this section unless— “(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and “(2) the United States Army Armament Graduate School is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. “(c) Congressional notification requirements.— (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— “(A) a copy of the self-assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and “(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority. “(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. “(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army Armament Graduate School to award any new or existing degree.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
(1) IN GENERAL.—Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2017. Limitation on establishment of postsecondary educational institutions pending notice to Congress “(a) Limitation.—The Secretary of Defense may not establish a postsecondary educational institution within the Department of Defense until a period of one year has elapsed following the date on which the Secretary notifies the congressional defense committees of the intent of the Secretary to establish the institution. “(b) Postsecondary educational institution defined.—In this section, the term ‘postsecondary educational institution’ means a school or other educational institution that is intended to provide students with a course of instruction that is comparable, in length and academic rigor, to a course of instruction for which an associate’s, bachelor’s, or graduate degree may be awarded.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
(3) APPLICABILITY.—Section 2017 of title 10, United States Code, as added by paragraph (1), shall apply with respect to postsecondary educational institutions intended to be established by the Secretary of Defense on or after the date of the enactment of this Act. SEC. 554. Prohibition on off-duty employment for cadets and midshipmen completing
obligated service after graduation. (a) Military Academy.—Section 7448(a)(5)(A) of title 10, United States Code, is amended by inserting “or seek or accept approval for off-duty employment while completing the cadet’s commissioned service obligation” before “to obtain employment”. (b) Naval Academy.—Section 8459(a)(5)(A) of title 10, United States Code, is amended by inserting “or seek or accept approval for off-duty employment while completing the midshipman’s commissioned service obligation” before “to obtain employment”. (c) Air Force Academy.—Section 9448(a)(5)(A) of title 10, United States Code, is amended by inserting “or seek or accept approval for off-duty employment while completing the cadet’s commissioned service obligation” before “to obtain employment”. SEC. 555. Consideration of request for transfer of a cadet or midshipman at a military
service academy who is the victim of a sexual assault or
related
offense. (a) United States Military Academy.—Section 7461 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) Consideration of request for transfer of a cadet who is the victim of a sexual assault or related offense.— (1) The Secretary of the Army shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Military Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education. “(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that— “(A) provide that the Superintendent of the United States Military Academy shall ensure that any cadet who has been appointed to the United States Military Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent; “(B) direct the Superintendent of the United States Military Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer— “(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; “(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and “(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and “(C) direct the Superintendent of the United States Military Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer— “(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; “(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and “(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible. “(3) If the Superintendent of the United States Military Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Army, who shall take action on such request not later than 72 hours after receipt of the formal request for review. “(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation. “(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the United States Military Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”. (b) United States Naval Academy.—Section 8480 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) Consideration of request for transfer of a midshipman who is the victim of a sexual assault or related offense.— (1) The Secretary of the Navy shall provide for timely consideration of and action on a request submitted by a midshipman appointed to the United States Naval Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education. “(2) The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that— “(A) provide that the Superintendent of the United States Naval Academy shall ensure that any midshipman who has been appointed to the United States Naval Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a midshipman is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent; “(B) direct the Superintendent of the United States Naval Academy, in coordination with the Superintendent of the military service academy to which the midshipman requests to transfer— “(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the midshipman; “(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and “(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the midshipman to the military service academy concerned as expeditiously as possible; and “(C) direct the Superintendent of the United States Naval Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the midshipman requests to transfer— “(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the midshipman; “(ii) subject to the midshipman’s acceptance for admission to the institution of higher education to which the midshipman wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and “(iii) to take all necessary and appropriate action to effectuate the midshipman’s enrollment in the institution of higher education to which the midshipman wishes to transfer and to process the midshipman for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible. “(3) If the Superintendent of the United States Naval Academy denies a request for transfer under this subsection, the midshipman may request review of the denial by the Secretary of the Navy, who shall take action on such request not later than 72 hours after receipt of the formal request for review. “(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation. “(5) A midshipman who transfers under this subsection may retain the midshipman’s appointment to the United States Naval Academy or may be appointed to the military service academy to which the midshipman transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”. (c) United States Air Force Academy.—Section 9461 of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) Consideration of request for transfer of a cadet who is the victim of a sexual assault or related offense.— (1) The Secretary of the Air Force shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Air Force Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education. “(2) The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that— “(A) provide that the Superintendent of the United States Air Force Academy shall ensure that any cadet who has been appointed to the United States Air Force Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent; “(B) direct the Superintendent of the United States Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer— “(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; “(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and “(iii) upon approval of such request, to take all necessary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and “(C) direct the Superintendent of the United States Air Force Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer— “(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; “(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and “(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible. “(3) If the Superintendent of the United States Air Force Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Air Force, who shall take action on such request not later than 72 hours after receipt of the formal request for review. “(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation. “(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the United States Air Force Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.”. SEC. 556. Redesignation of the Commandant of the United States Air Force Institute of
Technology as the Director and Chancellor of such Institute. (a) Redesignation.—Section 9414b(a) of title 10, United States Code, is amended— (1) in the subsection heading, by striking “Commandant” and inserting “Director and Chancellor”; (2) by striking “Commandant” each place it appears and inserting “Director and Chancellor”; and (3) in the heading of paragraph (3), by striking “Commandant” and inserting “Director and Chancellor”. (b) Conforming amendments.—Section 9414(f) of such title is amended by striking “Commandant” both places it appears and inserting “Director and Chancellor”. (c) References.—Any reference in any law, regulation, map, document, paper, or other record of the United States to the Commandant of the United States Air Force Institute of Technology shall be deemed to be a reference to the Director and Chancellor of the United States Air Force Institute of Technology. SEC. 557. Eligibility of additional enlisted members for associate degree programs of
the Community College of the Air Force. Section 9415(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(3) Enlisted members of the armed forces other than the Air Force who are participating in Community College of the Air Force affiliated joint-service training and education courses.”. (a) Testing.—The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent. (b) No effect on admission.—The testing under subsection (a) may not have any effect on admission to a military service academy. (c) Results.—The Superintendent shall provide each cadet or midshipman under the jurisdiction of that Superintendent the result of the testing under subsection (a) and a list of warfare unrestricted line officer positions and occupation specialities that require successful performance on the speech test. (d) Therapy.—The Superintendent shall furnish speech therapy to a cadet or midshipman under the jurisdiction of that Superintendent at the election of the cadet or midshipman. (e) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall submit to the Committees on Armed Services of the Senate and the House of Representatives a joint report that includes the following: (1) The number of cadets or midshipmen with an identified speech disorder in each military service academy. (2) A list of the health care and administrative resources related to speech disorders available to cadets and midshipmen described in paragraph (1). (3) A list of positions and specialties described in subsection (c) pursued by the cadets and midshipmen described in paragraph (1) at the time of graduation. The Secretary of each military department shall carry out tuition assistance programs for members of an Armed Force under the jurisdiction of that Secretary during fiscal year 2020 using an amount not less than the sum of any amounts appropriated for tuition assistance for members of that Armed Force for fiscal year 2020. SEC. 560. Information on institutions of higher education participating in the
Department of Defense Tuition Assistance Program. (a) List of participating institutions.—The Secretary of Defense shall make available, on a publicly accessible website of the Department of Defense, a list that identifies— (1) each institution of higher education that receives funds under the Department of Defense Tuition Assistance Program; and (2) the amount of such funds received by the institution. (b) Annual updates.—The Secretary of Defense shall update the list described in subsection (a) not less frequently than once annually. SEC. 560A. Inclusion of information on free credit
monitoring in annual financial literacy briefing. The Secretary of each military department shall ensure that the annual financial literacy education briefing provided to members of the Armed Forces includes information on the availability of free credit monitoring services pursuant to section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c–1(k)). (a) Programs authorized.—Each Secretary of a military department may carry out a program under which qualified participants may obtain a private pilot's certificate through an institution of higher education with an accredited aviation program that is approved by such Secretary pursuant to subsection (c). (b) Participant qualifications and types of assistance.— (1) IN GENERAL.—In carrying out a program under subsection (a), the Secretary of a military department shall prescribe— (A) the standards to be met for participation in the program; and (B) the types of assistance, if any, to be provided to individuals who participate in the program. (2) UNIFORMITY ACROSS MILITARY DEPARTMENTS.—To the extent practicable, the standards and types of assistance prescribed under paragraph (1) shall be uniform across the military departments. (c) Approved institutions of higher education.— (1) IN GENERAL.—In carrying out a program under subsection (a), the Secretary of a military department shall maintain a list of institutions of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) through which an individual participating in the program may obtain a private pilot's certificate. (2) QUALIFICATIONS AND STANDARDS.—Any institution of higher education included on a list under paragraph (1), and any course of instruction toward obtaining a private pilot's certificate offered by such institution, shall meet such qualifications and standards as the Secretary shall prescribe for purposes of the program. Such qualifications and standards shall include a requirement that any institution included on the list award, to individual participating in the program, academic credit at such institution for any portion of course work completed on the ground school course of instruction of such institution in connection with obtaining a private pilot's certificate, regardless of whether the participant fully completed the ground school course of instruction. (d) Annual reports on programs.— (1) IN GENERAL.—Not later than February 28, 2021, and each year thereafter, each Secretary of a military department shall submit to Congress a report on the program, if any, carried out by such Secretary under subsection (a) during the preceding calendar year. (2) ELEMENTS.—Each report under paragraph (1) shall include, for the program and year covered by such report, the following: (A) The total number of participants in the program. (B) The number of private pilot's certificates awarded to participants in the program. (C) The number of participants in the program who fully completed a ground school course of instruction in connection with obtaining a private pilot's certificate. SEC. 561. Requirement to provide information regarding benefits claims to members
during TAP counseling. Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(19) Information regarding how to file claims for benefits available to the member under laws administered by the Secretaries of Defense and Veterans Affairs.”. SEC. 562. Participation of other Federal agencies in the SkillBridge apprenticeship
and internship program for members of the Armed Forces. Section 1143(e) of title 10, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): “(3) Any program under this subsection may be carried out at, through, or in consultation with such other departments or agencies of the Federal Government as the Secretary of the military department concerned considers appropriate.”. Section 552(b)(4) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by adding at the end the following: “(E) The evaluation of the Secretary regarding the effectiveness of the Transition Assistance Program for all members of the Armed Forces. “(F) The evaluation of the Secretary regarding the effectiveness of the Transition Assistance Program specifically for female members of the Armed Forces.”. Section 552(b)(4) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), as amended by section 563 of this Act, is further amended— (1) by redesignating subparagraphs (A) through (F) as subparagraphs (B) through (G), respectively; (2) by inserting before subparagraph (B), as redesignated by paragraph (1), the following new subparagraph (A): “(A) The total number of members eligible to attend Transition Assistance Program counseling.”; and (3) by adding at the end the following new subparagraphs: “(H) The number of members who participated in programs under section 1143(e) of title 10, United States Code (commonly referred to as ‘Job Training, Employment Skills, Apprenticeships and Internships (JTEST-AI)’ or ‘Skill Bridge’). “(I) Such other information as is required to provide Congress with a comprehensive description of the participation of the members in the Transition Assistance Program and programs described in subparagraph (H).”. (1) PROHIBITION.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, Parris Island, South Carolina, may not be segregated based on gender. (2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act. (1) PROHIBITION.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, San Diego, California, may not be segregated based on gender. (2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than eight years after the date of the enactment of this Act. SEC. 566. Assessment of deaths of recruits under the jurisdiction of the Secretaries
of the military departments. (a) Assessment.—The Inspector General of the Department of Defense shall conduct an assessment of the deaths of recruits at facilities under the jurisdiction of the Secretaries of the military departments, and the effectiveness of the current medical protocols on the training bases. (b) Report.—Not later than September 30, 2020, the Inspector General shall submit to the Committees on Armed Services of the Senate and the House of Representative a report containing the results of the assessment conducted under subsection (a). The report shall include the following: (1) The number of recruits who died during basic training in the five years preceding the date of the report. (2) The causes of deaths described in paragraph (1). (3) The types of medical treatment that was provided to recruits described in paragraph (1). (4) Whether any of the deaths identified under paragraph (1) were found to be a result of medical negligence. (5) A description of medical capabilities and personnel available to the recruits at each facility. (6) A description of medical resources accessible to the recruits at the company level at each facility. (7) A description of 24-hour medical resources available to recruits at each facility. (8) An evaluation of the guidelines and resources in place to monitor sick recruits. (9) An evaluation of how supervisors evaluate and determine whether a sick recruit should continue training or further seek medical assistance. (10) An evaluation of how the Secretaries of the military departments can increase visibility of the comprehensive medical status of a sick recruit to instructors and supervisors in order to provide better situational awareness of the such medical status. (11) An evaluation of how to improve medical care for recruits. (a) Review.—Not later than 120 days after the enactment of this Act, the Secretary of Defense shall conduct a review of existing programs, tools, and resources of the Department of Defense for training members of the Armed Forces and employees of the Department regarding the threat of disinformation campaigns specifically targeted at such individuals and the families of such individuals. (b) Report required.—Not later than 270 days after the enactment of this Act, the Secretary of Defense shall submit a report to the congressional defense committees regarding the programs, tools, and resources identified under subsection (a). The training provided a commander of a military installation in connection with the commencement of assignment to the installation shall include a module on the covered transition assistance programs available for members of the Armed Forces assigned to the installation. SEC. 569. Machine readability and electronic transferability of Certificate of Release
or Discharge from Active Duty (DD Form 214). (a) Modification required.—The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to— (1) be machine readable and electronically transferable; and (2) include a specific block explicitly identified as the location in which a member of the Armed Forces may provide one or more email addresses by which the member may be contacted after discharge or release from active duty. (b) Deadline for modification.—The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified pursuant to subsection (a), not later than four years after the date of the enactment of this Act. (c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the following: (1) What systems of the Department of Defense require an individual to manually enter information from DD Form 214. (2) What activities of the Department of Defense require a veteran or former member of the Armed Forces to provide a physical copy of DD Form 214. (3) The order of priority for modernizing items identified under paragraphs (1) and (2) as determined by the Secretary. (4) The estimated cost, as determined by the Secretary, to automate items identified under paragraphs (1) and (2). (a) Establishment.—Not later than September 30, 2020, the Secretary of Defense shall establish and implement a standard record of service for members of the reserve components of the Armed Forces, similar to DD Form 214, that summarizes the record of service of each such member, including dates of active duty service. (b) Coordination.—In carrying out this section, the Secretary of Defense shall coordinate with the Secretary of Veterans Affairs to ensure that the record established under this section is acceptable as proof of service for former members of the reserve components of the Armed Forces who are eligible for benefits under laws administered by the Secretary of Veterans Affairs to receive such benefits. SEC. 570A. Limitations and requirements in connection with separations for members of
the Armed Forces who suffer from mental health conditions
in connection with a
sex-related, intimate partner violence-related, or
spousal-abuse
offense. (a) Confirmation of diagnosis of condition required before separation.—Before a member of the Armed Forces who was the victim of a sex-related offense, an intimate partner violence-related offense, or a spousal-abuse offense during service in the Armed Forces (whether or not such offense was committed by another member of the Armed Forces), and who has a mental health condition not amounting to a physical disability, is separated, discharged, or released from the Armed Forces based solely on such condition, the diagnosis of such condition must be— (1) corroborated by a competent mental health care professional at the peer level or a higher level of the health care professional making the diagnosis; and (2) endorsed by the Surgeon General of the military department concerned. (b) Narrative reason for separation if mental health condition present.—If the narrative reason for separation, discharge, or release from the Armed Forces of a member of the Armed Forces is a mental health condition that is not a disability, the appropriate narrative reason for the separation, discharge, or release shall be a condition, not a disability, or Secretarial authority. (c) Definitions.—In this section: (1) The term “intimate partner violence-related offense” means the following: (A) An offense under section 928 or 930 of title 10, United States Code (article 128 or 130 of the Uniform Code of Military Justice). (B) An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A). (2) The term “sex-related offense” means the following: (A) An offense under section 920 or 920b of title 10, United States Code (article 120 or 120b of the Uniform Code of Military Justice). (B) An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A). (3) The term “spousal-abuse offense” means the following: (A) An offense under section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice). (B) An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A). (d) Effective date.—This section shall take effect 180 days after the date of the enactment of this Act, and shall apply with respect to separations, discharges, and releases from the Armed Forces that occur on or after that effective date. SEC. 570B. Prohibition on involuntary separation of certain members of the Armed
Forces; consideration of military service in removal
determinations. (a) Prohibition on involuntary separation.— (1) IN GENERAL.—No member of the Armed Forces may be involuntarily separated from the Armed Forces solely because that member is a covered member. (2) COVERED MEMBER DEFINED.—In this subsection, the term “covered member” means a member of the Armed Forces who— (A) possesses a current and valid employment authorization document that was issued pursuant to the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled “Exercising Prosecutorial Discretion with Respect to Individuals who Came to the United States as Children”; or (B) is currently in a temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). (b) Consideration of military service in removal determinations.— (1) IN GENERAL.—With regards to an individual, an immigration officer shall take into consideration evidence of military service by that individual in determining whether— (A) to issue to that individual a notice to appear in removal proceedings, an administrative order of removal, or a reinstatement of a final removal order; and (B) to execute a final order of removal regarding that individual. (2) DEFINITIONS.—In this subsection: (A) The term “evidence of service” means evidence that an individual served as a member of the Armed Forces, and the characterization of each period of service of that individual in the Armed Forces. (B) The term “immigration officer” has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 570C. Inclusion of question regarding
immigration status on preseparation counseling checklist
(DD Form 2648). Not later than September 30, 2020, the Secretary of Defense shall modify the preseparation counseling checklist for active component, active guard reserve, active reserve, full time support, and reserve program administrator service members (DD Form 2648) to include a specific block wherein a member of the Armed Forces may indicate that the member would like to receive information regarding the immigration status of that member and expedited naturalization. SEC. 570D. Counseling for members of the Armed Forces who are not citizens of the
United States on naturalization in the United States. (a) In general.—The Secretary concerned shall furnish to covered individuals under the jurisdiction of that Secretary counseling regarding how to apply for naturalization in the United States. (b) Definitions.—In this section: (1) The term “covered individual” means a member of the Armed Forces who is not a citizen of the United States. (2) The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code. SEC. 570E. Pilot program on information sharing between Department of Defense and
designated relatives and friends of members of the Armed
Forces regarding the
experiences and challenges of military service. (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with the American Red Cross to carry out a pilot program under which the American Red Cross— (A) encourages a member of the Armed Forces, upon the enlistment or appointment of such member, to designate up to 10 persons to whom information regarding the military service of such member shall be disseminated using contact information obtained under paragraph (6); and (B) provides such persons, within 30 days after the date on which such persons are designated under subparagraph (A), the option to elect to receive such information regarding military service. (2) DISSEMINATION.—The Secretary shall disseminate information described in paragraph (1)(A) under the pilot program on a regular basis. (3) TYPES OF INFORMATION.—The types of information to be disseminated under the pilot program to persons who elect to receive such information shall include information regarding— (A) aspects of daily life and routine experienced by members of the Armed Forces; (B) the challenges and stresses of military service, particularly during and after deployment as part of a contingency operation; (C) the services available to members of the Armed Forces and the dependents of such members to cope with the experiences and challenges of military service; (D) benefits administered by the Department of Defense for members of the Armed Forces and the dependents of such members; (E) a toll-free telephone number through which such persons who elect to receive information under the pilot program may request information regarding the program; and (F) such other information as the Secretary determines to be appropriate. (4) PRIVACY OF INFORMATION.—In carrying out the pilot program, the Secretary may not disseminate information under paragraph (3) in violation of laws and regulations pertaining to the privacy of members of the Armed Forces, including requirements pursuant to— (A) section 552a of title 5, United States Code; and (B) the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191). (5) NOTICE AND MODIFICATIONS.—In carrying out the pilot program, the Secretary shall, with respect to a member of the Armed Forces— (A) ensure that such member is notified of the ability to modify designations made by such member under paragraph (1)(A); and (B) upon the request of a member, authorize such member to modify such designations at any time. (6) CONTACT INFORMATION.—In making a designation under the pilot program, a member of the Armed Forces shall provide necessary contact information, specifically including an email address, to facilitate the dissemination of information regarding the military service of the member. (7) OPT-IN AND OPT-OUT OF PROGRAM.— (A) OPT-IN BY MEMBERS.—A member may participate in the pilot program only if the member voluntarily elects to participate in the program. A member seeking to make such an election shall make such election in a manner, and by including such information, as the Secretary and the Red Cross shall jointly specify for purposes of the pilot program. (B) OPT-IN BY DESIGNATED RECIPIENTS.—A person designated pursuant to paragraph (1)(A) may receive information under the pilot program only if the person makes the election described in paragraph (1)(B). (C) OPT-OUT.—In carrying out the pilot program, the Secretary shall, with respect to a person who has elected to receive information under such pilot program, cease disseminating such information to that person upon request of such person. (b) Survey and report on pilot program.— (1) SURVEY.—Not later than two years after the date on which the pilot program commences, the Secretary, in consultation with the American Red Cross, shall administer a survey to persons who elected to receive information under the pilot program for the purpose of receiving feedback regarding the quality of information disseminated under this section, including whether such information appropriately reflects the military career progression of members of the Armed Forces. (2) REPORT.—Not later than three years after the date on which the pilot program commences, the Secretary shall submit to the congressional defense committees a final report on the pilot program which includes— (A) the results of the survey administered under paragraph (1); (B) a determination as to whether the pilot program should be made permanent; and (C) recommendations as to modifications necessary to improve the program if made permanent. (c) Termination of pilot program.—The pilot program shall terminate upon submission of the report required by subsection (b)(2). SEC. 570F. Connections of members retiring or separating from the Armed Forces with
community-based organizations and related entities. (a) In general.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly seek to enter into memoranda of understanding or other agreements with State veterans agencies under which information from Department of Defense Form DD–2648 on individuals undergoing retirement, discharge, or release from the Armed Forces is transmitted to one or more State veterans agencies, as elected by such individuals, to provide or connect veterans to benefits or services as follows: (1) Assistance in preparation of resumes. (2) Training for employment interviews. (3) Employment recruitment training. (4) Other services leading directly to a successful transition from military life to civilian life. (5) Healthcare, including care for mental health. (6) Transportation or transportation-related services. (7) Housing. (8) Such other benefits or services as the Secretaries jointly consider appropriate for purposes of this section. (b) Information transmitted.—The information transmitted on individuals as described in subsection (a) shall be such information on Form DD–2648 as the Secretaries jointly consider appropriate to facilitate community-based organizations and related entities in providing or connecting such individuals to benefits and services as described in subsection (a). (c) Modification of Form DD–2648.—The Secretary of Defense shall make such modifications to Form DD–2648 as the Secretary considers appropriate to allow an individual filling out the form to indicate an email address at which the individual may be contacted to receive or be connected to benefits or services described in subsection (a). (d) Voluntary participation.—Information on an individual may be transmitted to and through a State veterans agency as described in subsection (a) only with the consent of the individual. In giving such consent, an individual shall specify the following: (1) The State veterans agency or agencies elected by the individual to transmit such information as described in subsection (a). (2) The benefits and services for which contact information shall be so transmitted. (3) Such other information on the individual as the individual considers appropriate in connection with the transmittal. (a) Establishment.—The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor may jointly carry out a pilot program that creates a one-stop source for online applications for the purposes of assisting members of the Armed Forces and Veterans participating in the Transition Assistance Program (in this section referred to as “TAP”). (b) Data sources.—If the Secretaries carry out the pilot program, any online application developed under such program shall, in part, aggregate existing data from government resources and the private sector under one uniform resource locator for the purpose of assisting members of the Armed Forces and veterans participating in TAP. (c) Availability; accessibility.—Any online application developed under a pilot program shall, to the extent feasible be— (1) widely available as a mobile application; and (2) easily accessible by veterans, members of the Armed Forces, and employers. (1) INTERIM ASSESSMENTS.—Not later than the dates that are one and two years after the date of the commencement of any pilot program under this section, the Secretaries shall jointly assess the pilot program. (2) FINAL ASSESSMENT.—Not later than the date that is three years after the date of the commencement of any pilot program under this section, the Secretaries shall jointly carry out a final assessment of the pilot program. (3) PURPOSE.—The general objective of each assessment under this subsection shall be to determine if the online application under the pilot program helps participants in TAP to accomplish the goals of TAP, accounting for the individual profiles of participants, including military experience and geographic location. (e) Briefing.—If the Secretaries carry out the pilot program, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on findings regarding the pilot program, including any recommendations for legislation. (f) Definitions.—In this section: (1) The term “mobile application” means a software program that runs on the operating system of a mobile device. (2) The term “mobile device” means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection. Paragraph (5) of section 701(i) of title 10, United States Code, is amended— (1) by striking “only in one increment” and inserting “in more than one increment”; and (2) by inserting “in accordance with regulations prescribed by the Secretary concerned” before the period. Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection: “(l) A member of the armed forces who gives birth while on active duty may be deployed during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and— “(1) at the election of such member; or “(2) in the interest of national security, as determined by the Secretary of Defense.”. SEC. 573. Authority of the Secretary concerned to transport remains of a covered
decedent to no more than two places selected by the person
designated to direct
disposition of the remains. (a) Authority.—Section 1482(a)(8) of title 10, United States Code, is amended to read as follows: “(8) (A) Transportation of the remains, and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37 for an escort of one person, to the place, subject to subparagraph (B), selected by the person designated to direct disposition of the remains or, if such a selection is not made, to a national or other cemetery which is selected by the Secretary and in which burial of the decedent is authorized. “(B) The person designated to direct disposition of the remains may select two places under subparagraph (A) if the second place is a national cemetery. If that person selects two places, the Secretary concerned may pay for transportation to the second place only by means of reimbursement under subsection (b). “(C) When transportation of the remains includes transportation by aircraft under section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee.”. (b) Military escort and honor guard only to first location.—Section 562(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended by adding at the end the following: “If the person designated to direct disposition of the remains selects two places under such section, the term means only the first of those two places.”. (a) Full military honors ceremony for certain veterans.—Section 1491(b) of title 10, United States Code, is amended by adding at the end the following: “(3) The Secretary concerned shall provide full military honors (as determined by the Secretary concerned) for the funeral of a veteran who— “(A) is first interred or first inurned in Arlington National Cemetery on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020; “(B) was awarded the medal of honor or the prisoner-of-war medal; and “(C) is not entitled to full military honors by the grade of that veteran.”. (b) Full military funeral honors for veterans at military installations.— (1) INSTALLATION PLANS FOR HONORS REQUIRED.—The commander of each military installation at or through which a funeral honors detail for a veteran is provided pursuant to section 1491 of title 10, United States Code (as amended by subsection (a)), shall maintain and carry out a plan for the provision, upon request, of full military funeral honors at funerals of veterans for whom a funeral honors detail is authorized in that section. (2) ELEMENTS.—Each plan of an installation under paragraph (1) shall include the following: (A) Mechanisms to ensure compliance with the requirements applicable to the composition of funeral honors details in section 1491(b) of title 10, United States Code (as so amended). (B) Mechanisms to ensure compliance with the requirements for ceremonies for funerals in section 1491(c) of such title. (C) In addition to the ceremonies required pursuant to subparagraph (B), the provision of a gun salute, if otherwise authorized, for each funeral by appropriate personnel, including personnel of the installation, members of the reserve components of the Armed Forces residing in the vicinity of the installation who are ordered to funeral honors duty, or members of veterans organizations or other organizations referred to in section 1491(b)(2) of such title. (D) Mechanisms for the provision of support authorized by section 1491(d) of such title. (E) Such other mechanisms and activities as the Secretary concerned considers appropriate in order to assure that full military funeral honors are provided upon request at funerals of veterans. (3) DEFINITIONS.—In this subsection: (A) The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code. (B) The term “veteran” has the meaning given that term in section 1491(h) of title 10, United States Code. SEC. 575. Improvement of occupational license portability for relocated spouses of
members of the uniformed services. Section 1784 of title 10, United States Code, is amended by adding at the end the following new subsection: “(h) Improvement of occupational license portability through interstate compacts.— “(1) IN GENERAL.—The Secretary of Defense shall seek to enter into a cooperative agreement with the Council of State Governments to assist with funding of the development of interstate compacts on licensed occupations in order to alleviate the burden associated with relicensing in such an occupation by spouse of a members of the armed forces in connection with a permanent change of duty station of members to another State. “(2) LIMITATION ON ASSISTANCE PER COMPACT.—The amount provided under paragraph (1) as assistance for the development of any particular interstate compact may not exceed $1,000,000. “(3) LIMITATION ON TOTAL AMOUNT OF ASSISTANCE.—The total amount of assistance provided under paragraph (1) in any fiscal year may not exceed $4,000,000. “(4) ANNUAL REPORT.—Not later than February 28 each year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on interstate compacts described in paragraph (1) developed through assistance provided under that paragraph. Each report shall set forth the following: “(A) Any interstate compact developed during the preceding calendar year, including the occupational licenses covered by such compact and the States agreeing to enter into such compact. “(B) Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year. “(5) EXPIRATION.—The authority to enter into a cooperative agreement under paragraph (1), and to provide assistance described in that paragraph pursuant to such cooperative agreement, expire on September 30, 2024.”. SEC. 576. Continued eligibility for education and training opportunities for spouses
of promoted members. Section 1784a(b) of title 10, United States Code, is amended— (1) by inserting “(1)” before “Assistance”; and (2) by adding at the end the following new paragraph: “(2) A spouse who is eligible for a program under this section and begins a course of education or training for a degree, license, or credential described in subsection (a) may not become ineligible to complete such course of education or training solely because the member to whom the spouse is married is promoted to a higher grade.”. SEC. 577. Modification to authority to reimburse for State licensure and certification
costs of a spouse of a servicemember arising from
relocation. Section 476(p) of title 37, United States Code, is amended— (1) in paragraph (1), by striking “armed forces” and inserting “uniformed services”; (2) in paragraph (2), by striking “$500” and inserting “$1,000”; (A) in subparagraph (A), by striking “and”; (B) in subparagraph (B), by striking the period and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(C) an analysis of whether the maximum reimbursement amount under paragraph (2) is sufficient to cover the average costs of relicensing described in paragraph (1).”; and (4) in paragraph (4), by striking “December 31, 2022” and inserting “December 31, 2024”. SEC. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11
Educational Assistance Program. Section 3319(j) of title 38, United States Code, is amended by adding at the end the following new paragraph: “(3) The Secretary of Defense may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years of service in the Armed Forces.”. Section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended by striking “on active duty (as defined in section 101(d)(5) of such title)”. (a) Clarifying technical amendment to direct hire authority of the Department of Defense for child care services providers for department child development centers.—Section 559(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1792 note) is amended by inserting “(including family childcare coordinator services and school age childcare coordinator services)” after “childcare services”. (b) Assessment of financial assistance provided to civilian child care providers.— (1) ASSESSMENT.—The Secretary of Defense shall assess the maximum amount of financial assistance provided to eligible civilian providers of child care services or youth program services that furnish such service for members of the armed forces and employees of the United States under section 1798 of title 10, United States Code. Such assessment shall include the following: (A) The determination of the Secretary whether the maximum allowable financial assistance should be standardized across the Armed Forces. (B) Whether the maximum allowable amount adequately accounts for high-cost duty stations. (2) REPORT.—Not later than June 1, 2020, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the assessment under paragraph (1) and any actions taken by the Secretary to remedy identified shortfalls in assistance described in that paragraph. (c) Reduction in wait lists for child care at military installations.— (1) REMEDIAL ACTION.—The Secretary of Defense shall take steps the Secretary determines necessary to reduce the waiting lists for child care at military installations to ensure that members of the Armed Forces have meaningful access to child care during tours of duty. (2) REPORT.—Not later than June 1, 2020, the Secretary of Defense shall provide a report to the Committees on Armed Forces of the Senate and the House of Representative regarding— (A) action taken under paragraph (1); and (B) any additional resources (including additional funding for and child care facilities and workers) the Secretary determines necessary to increase access described in paragraph (1). (d) GAO review.—The Comptroller General of the United States shall conduct a review of the assessments, actions, and determinations of the Secretary under subsections (b)(1) and (c). Not later than December 1, 2020, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the review performed under this subsection. (e) Assessment of accessibility of websites of the Department of Defense related to child care and spousal employment.— (1) ASSESSMENT.—The Secretary of Defense shall review the functions and accessibility of websites of the Department of Defense designed for members of the Armed Forces and the families of such members to access information and services offered by the Department regarding child care, spousal employment, and other family matters. (2) REPORT.—Not later than March 1, 2020, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the assessment under paragraph (1) and actions taken to enhance accessibility of the websites. (f) Portability of background investigations for child care providers.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that the background investigation and training certification for a child care provider employed by the Department of Defense in a facility of the Department may be transferred to another facility of the Department, without regard to which Secretary of a military department has jurisdiction over either such facility. (a) Transportation for remains of a member who dies not in a theater of combat operations.—Section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), as amended by section 573 of this Act, is further amended— (1) in the heading, by striking “dying in a theater of combat operations”; and (2) in subsection (a), by striking “in a combat theater of operations” and inserting “outside of the United States”. (b) Transportation for family.—The Secretary of Defense shall extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who die outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware. SEC. 580B. Meetings of officials of the Department of Defense with representative
groups of survivors of deceased members of the Armed Forces. (a) Chiefs of the Armed Forces.—The Secretary of Defense shall direct the chiefs of the Armed Forces to meet periodically with representative groups of survivors of deceased members of the Armed Forces to receive feedback from those survivors regarding issues affecting such survivors. The Chief of the National Guard Bureau shall meet with representative groups of survivors of deceased members of the Air National Guard and the Army National Guard. (b) Under Secretary of Defense for Personnel and Readiness.—The Under Secretary of Defense for Personnel and Readiness shall meet periodically with representative groups of survivors of deceased members of the Armed Forces to discuss policies of the Department of Defense regarding military casualties and Gold Star families. (c) Briefing.—Not later than April 1, 2020, the Under Secretary of Defense for Personnel and Readiness shall brief the Committee on Armed Services of the House of Representatives regarding policies established and the results of the meetings under subsection (b). SEC. 580C. Information and opportunities for registration for voting and absentee
ballot requests for members of the Armed Forces undergoing
deployment
overseas. (a) In general.—Not later than 45 days prior to a general election for Federal office, a member of the Armed Forces shall, upon request, be provided with the following: (1) A Federal write-in absentee ballot prescribed pursuant to section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20303), together with instructions on the appropriate use of the ballot with respect to the State in which the member is registered to vote. (2) In the case of a member intending to vote in a State that does not accept the Federal write-in absentee ballot as a simultaneous application and acceptable ballot for Federal elections, instructions on, and an opportunity to fill out, the official post card form for absentee voter registration application and absentee ballot application prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301(b)(2)). (b) Personnel responsible of discharge.—Ballots and instructions pursuant to paragraph (1) of subsection (a), and briefings and forms pursuant to paragraph (2) of such subsection, shall be provided by Voting Assistance Officers or such other personnel as the Secretary of the military department concerned shall designate. (a) Study.—The Director of the Federal Voting Assistance Program of the Department of Defense shall conduct a study on the feasibility of a pilot program providing full ballot tracking of overseas military absentee ballots through the mail stream in a manner that is similar to the 2016 Military Ballot Tracking Pilot Program conducted by the Federal Voting Assistance Program. (b) Report.—Not later than one year after the date of the enactment of this Act, the Director shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include— (1) an estimate of the costs and requirements needed to conduct the pilot program described in subsection (a); (2) a description of the organizations that would provide substantial support for the pilot program; (3) a time line for the phased implementation of the pilot program to all military personnel actively serving overseas; (4) a method to determine under the pilot program if a ballot was counted, and a way to provide such information to the member of the Armed Forces casting the vote; and (5) a description of the efforts being undertaken to ensure a reliable and secure military ballot tracking system. (a) Impact aid for children with severe disabilities.— (1) IN GENERAL.—Of the amount authorized to be appropriated for fiscal year 2020 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a). (2) USE OF CERTAIN AMOUNT.—Of the amount available under paragraph (1) for payments as described in that paragraph, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities. (b) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2020 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). (c) Local educational agency defined.—In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). The Secretary of Defense shall modify the My Career Advancement Account program of the Department of Defense to ensure that military spouses participating in the program may receive financial assistance for the pursuit of a license, certification, or Associate’s degree in any career field or occupation. The spouse of a member of the Coast Guard may participate in the My Career Advancement Account program of the Department of Defense if the Coast Guard reimburses the Department of Defense. (a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall submit to the committees on Armed Services of the Senate and the House of Representatives a report that includes a description of the following: (1) Financial literacy programs currently designed specifically for military spouses. (2) Efforts to evaluate the effectiveness of financial literacy programs. (b) Public availability.—The report submitted under subsection (a) shall be made available on a publicly accessible website of the Department of Defense. (a) Program authorized.—The Secretary of the Army may conduct an assistance program to educate up to five local national students per grade, per academic year, on a space-available basis at the contractor-operated schools on United States Army Garrison─Kwajalein Atoll. The program shall be known as the “Ri’katak Guest Student Program”. (b) Student assistance.—Assistance that may be provided to students participating in the program carried out pursuant to subsection (a) includes the following: (1) Classroom instruction. (2) Extracurricular activities. (3) Student meals. (4) Transportation. SEC. 581. Modification of authorities on eligibility for and replacement of gold star
lapel buttons. (a) Expansion of authority To determine next of kin for issuance.—Section 1126 of title 10, United States Code, is amended— (1) in subsection (a), by striking “widows, parents, and” in the matter preceding paragraph (1); (2) in subsection (b), by striking “the widow and to each parent and” and inserting “each”; and (A) by striking paragraphs (1), (2), (3), and (4) and inserting the following new paragraph (1): “(1) The term ‘next of kin’ means individuals standing in such relationship to members of the armed forces described in subsection (a) as the Secretaries concerned shall jointly specify in regulations for purposes of this section.”; and (B) by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (2), (3), (4), and (5), respectively. (b) Replacement.—Subsection (c) of such section is amended by striking “and payment” and all that follows and inserting “and without cost.”. (a) Honorable service requirement.— (1) IN GENERAL.—Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1136. Honorable service requirement for award of military decorations “No military decoration, including a medal, cross, or bar, or an associated emblem or insignia, may be awarded or presented to any person, or to a representative of the person, if the service of the person after the person distinguished himself or herself has not been honorable.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 57 of such title is amended by adding at the end the following:
(b) Conforming amendments.—Title 10, United States Code, is further amended as follows: (A) in subsection (b), in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsection (c)”; (B) by striking subsection (c); and (C) by redesignating subsection (d) as subsection (c). (2) (A) Section 8299 is repealed. (B) The table of sections at the beginning of chapter 837 is amended by striking the item relating to section 8299. (A) in subsection (b), in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsection (c)”; (B) by striking subsection (c); and (C) by redesignating subsection (d) as subsection (c). (4) In section 9279, by striking subsection (c). SEC. 583. Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam. (a) Waiver of time limitations.—Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to John J. Duffy for the acts of valor in Vietnam described in subsection (b). (b) Acts of valor described.—The acts of valor referred to in subsection (a) are the actions of John J. Duffy on April 14 and 15, 1972, in Vietnam for which he was previously awarded the Distinguished-Service Cross. (a) Review required.—Each Secretary concerned shall review the service records of World War I veterans described in subsection (b) under the jurisdiction of such Secretary in order to determine whether any such veteran should be awarded the Medal of Honor for valor during World War I. (b) Covered World War I veterans.—The World War I veterans whose service records may be reviewed under subsection (a) are the following: (1) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918. (2) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918. (3) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were recommended for a Medal of Honor for actions that occurred from April 6, 1917, to November 11, 1918, if the Department of Defense possesses or receives records relating to such recommendation. (c) Recommendation based on review.—If a Secretary concerned determines, based upon the review under subsection (a), that the award of the Medal of Honor to a covered World War I veteran is warranted, such Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran. (d) Authority To award Medal of Honor.—The Medal of Honor may be awarded to a World War I veteran in accordance with a recommendation of a Secretary concerned under subsection (c). (e) Waiver of time limitations.—An award of the Medal of Honor may be made under subsection (d) without regard to— (1) section 7274 or 8298 of title 10, United States Code, as applicable; and (2) any regulation or other administrative restriction on— (A) the time for awarding the Medal of Honor; or (B) the awarding of the Medal of Honor for service for which a Distinguished Service Cross or Navy Cross has been awarded. (f) Deadline.—The review under subsection (a) shall terminate not later than five years after the date of the enactment of this Act. (1) IN GENERAL.—In this section: (A) AFRICAN AMERICAN WAR VETERAN.—The term “African American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as of African descent on his military personnel records. (B) ASIAN AMERICAN WAR VETERAN.—The term “Asian American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country in Asia on his military personnel records. (C) HISPANIC AMERICAN WAR VETERAN.—The term “Hispanic American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country where Spanish is an official language on his military personnel records. (D) JEWISH AMERICAN WAR VETERAN.—The term “Jewish American war veteran” mean any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as Jewish on his military personnel records. (E) NATIVE AMERICAN WAR VETERAN.—The term “Native American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as a member of a federally recognized tribe within the modern territory of the United States on his military personnel records. (F) SECRETARY CONCERNED.—The term “Secretary concerned” means— (i) the Secretary of the Army, in the case of members of the Armed Forces who served in the Army between April 6, 1917, and November 11, 1918; and (ii) the Secretary of the Navy, in the case of members of the Armed Forces who served in the Navy or the Marine Corps between April 6, 1917, and November 11, 1918. (2) APPLICATION OF DEFINITIONS OF ORIGIN.—If the military personnel records of a person do not reflect the person’s membership in one of the groups identified in subparagraphs (B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person’s Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned for purposes of this section. SEC. 591. Clarification of the term “assault” for purposes of Workplace
and Gender Relations Surveys. (a) Surveys of members of the Armed Forces.—Section 481 of title 10, United States Code, is amended by inserting “(including unwanted sexual contact)” after “assault” each place it appears. (b) Surveys of civilian employees of the Department of Defense.—Section 481a of title 10, United States Code, is amended by inserting “(including unwanted sexual contact)” after “assault” each place it appears. (c) Effective date.—The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply with respect to surveys under sections 481 and 481a of title 10, United States Code, that are initiated after such date. SEC. 592. Inclusion of certain veterans on temporary disability or permanent disabled
retirement lists in military adaptive sports programs. (a) Inclusion of certain veterans.—Subsection (a)(1) of section 2564a of title 10, United States Code, is amended by striking “for members of the armed forces who” and all that follows through the period at the end and inserting the following: “for— “(A) any member of the armed forces who is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and “(B) any veteran (as defined in section 101 of title 38), during the one-year period following the veteran’s date of separation, who— “(i) is on the Temporary Disability Retirement List or Permanently Disabled Retirement List; “(ii) is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and “(iii) was enrolled in the program authorized under this section prior to the veteran’s date of separation.”. (b) Conforming amendment.—Subsection (b) of such section is amended by inserting “and veterans” after “members”. (1) HEADING AMENDMENT.—The heading of such section is amended to read as follows: (2) TABLE OF SECTION.—The table of sections at the beginning of chapter 152 of such title is amended by striking the item relating to section 2564a and inserting the following new item: The Secretary of Defense shall include in appropriate surveys administered by the Department of Defense questions regarding whether respondents have ever— (1) experienced or witnessed extremist activity in the workplace; or (2) reported such activity. SEC. 594. Study on best practices for providing financial literacy education for
separating members of the Armed Forces. (a) Study required.—The Secretary of Defense, and with respect to members of the Coast Guard, in coordination with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall conduct a study on the best practices to provide financial literacy education for separating members of the Armed Forces. (b) Elements.—The study required by subsection (a) shall include— (1) an examination, recommendations, and reporting on best practices for providing financial literacy education to separating members of the Armed Forces; and (2) detailed current financial literacy programs for separating members of the Armed Forces. (c) Consultation.—In conducting the study required by subsection (a), the Secretaries shall consult with the Financial Literacy and Education Commission of the Department of the Treasury. (d) Report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the committees on Armed Services of the Senate and the House of Representatives a report on the study under subsection (a). (e) Financial literacy defined.—In this section, the term “financial literacy” means education regarding personal finance including the insurance, credit, loan, banking, career training and education benefits available to veterans. SEC. 595. Report on oversight of authorized strengths of certain grades of
commissioned regular and reserve officers of the Armed
Forces. (a) Report required.—Not later than April 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on oversight of the authorized strengths of commissioned regular officers of the Armed Forces and commissioned reserve officers of the Armed Forces in the grades as follows: (1) The grades of major, lieutenant colonel, and colonel in the Army, the Air Force, and the Marine Corps. (2) The grades of lieutenant commander, commander, and captain in the Navy. (b) Elements.—The report required by subsection (a) shall include the following: (1) Such recommendations as the Secretary considers appropriate on mechanisms to improve Department of Defense oversight, and oversight by Congress, of the authorized strengths of commissioned officers in the grades specified in subsection (a), including the following: (A) An analysis of the history of each military department in complying with the authorized strengths and strengths in grade specified in sections 523 and 12005 of title 10, United States Code, including a description of— (i) the number of officers in each grade and Armed Force concerned as of the end of each fiscal year between fiscal year 2010 and fiscal year 2019; and (ii) the number of officers authorized for such grade and Armed Force as of the end of such fiscal year under the applicable section. (B) An assessment of the feasibility and advisability of submitting to Congress each year a request for an authorization for officers serving in the grades currently covered by the tables in section 523 of title 10, United States Code. (C) An assessment of the feasibility and advisability of submitting to Congress each year a proposal for legislation to update the tables in such section. (D) An assessment of the advisability of converting the authorization for end strengths for regular officers in the grades specified in subsection (a) to a percentage-based approach like that currently utilized for reserve officers in section 12005 of title 10, United States Code. (2) Such other recommendations as the Secretary considers appropriate to improve the effectiveness of the oversight by Congress of the number of commissioned regular and reserve officers of the Armed Forces in the grades specified in subsection (a). (a) In general.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter during the two subsequent calendar years, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report identifying, with respect to the reporting period for such report, and disaggregated by Armed Force, the following: (1) ACCESSION AND COMMISSION.— (A) The number of individuals who were processed by a Secretary of a military department for a medical accession or commissioning qualification determination on or after April 12, 2019. (B) Of the individuals described in subparagraph (A), the number of such individuals who were found medically disqualified pursuant to the standards established in DTM–19–004 regarding enlistment in or commission as an officer of an Armed Force under the jurisdiction of the Secretary of a military department. (C) Of the individuals described in subparagraph (A), the number of such individuals— (i) described in section I.b.(1), 1.b(2), 1.b(3), or II.b.(1) of attachment 3 to DTM–19–004; and (ii) who did not require a waiver or exception to standards described in subparagraph (B). (D) Of the individuals described in subparagraph (C), the number of such individuals who enlisted or were commissioned. (E) Of the individuals described in subparagraph (B), the number of such individuals who were considered for a waiver or exception to standards described in subparagraph (B). (F) Of the individuals described in subparagraph (E), the number of such individuals who were denied such a waiver or exception. (G) Of the individuals described in subparagraph (E), the number of such individuals who received such a waiver or exception. (H) Of the individuals described in subparagraph (G), the number of such individuals who enlisted or were commissioned. (A) The number of members of each Armed Force under the jurisdiction of the Secretary of a military department who received a diagnosis of gender dysphoria on or after April 12, 2019. (B) Of the members described in subparagraph (A), the number of members who were— (i) referred to the Disability Evaluation System; or (ii) subject to processing for administrative separation based on conditions and circumstances not constituting a physical disability that interfered with assignment to or performance of duty. (C) Of the members described in subparagraph (A), the number of members who were subsequently considered for a waiver or exception to standards established in DTM–19–004 to permit those members to serve in other than the biological sex of each such member. (D) Of the members described in subparagraph (C), the number of members who were granted such a waiver or exception. (E) Of the members described in subparagraph (C), the number of members who were denied such a waiver or exception. (F) Of the members described in subparagraph (E), the number of members who were discharged because of such denial, aggregated by characterization of discharge. (b) Protection of certain information.—No report submitted under this section may contain any personally identifiable information or protected health information of any individual. (c) Definitions.—In this section: (1) The term “DTM–19–004” means the memorandum— (A) issued by the Office of the Deputy Secretary of Defense; (B) dated March 12, 2019; and (C) with the subject heading “Directive-type Memorandum (DTM)–19–004–Military Service by Transgender Persons and Persons with Gender Dysphoria”. (2) The terms “exempt individuals” and “nonexempt individuals” have the meanings given those terms in attachment 3 to DTM–19–004. (3) The term “reporting period” means, with respect to a report submitted under subsection (a), the calendar year most recently completed before the date on which such report is to be submitted. (a) In general.—The Secretary of the Navy shall notify the congressional defense committees, in writing, not later than 30 days after the end of each fiscal year quarter, of each covered ship (if any) that met either condition as follows: (1) The manning fit for such ship was less than 87 percent for more than 14 days during such fiscal year quarter. (2) The manning fill for such ship was less than 90 percent for more than 14 days during such fiscal year quarter. (b) Elements.—The notification required by subsection (a) shall include, with respect to a covered ship, the following: (1) The name and hull number of the ship. (2) The homeport location of the ship. (3) The current manning fit and fill of the ship. (4) If the lowest level of manning fit or manning fill for the ship occurred during the fiscal year quarter concerned, the level concerned and the date on which such level occurred. (5) If the lowest level of manning fit or manning fill for the ship is projected to occur after the fiscal year quarter concerned, the projected level and the date on which such level is projected to occur. (6) If not achieved as of the date of the notification the projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship. (7) If not achieved as of the date of the notification, the projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship. (8) A description of the reasons the Navy has not achieved, or will not achieve, as applicable, manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, including a detailed description of the specific ratings or skillset areas that must be manned to achieve those percentages. (9) A description of corrective actions the Navy is taking to improve manning fit or manning fill on the ship. (c) Special rule.—For purposes of determining whether a percentage of manning fit or manning fill has been achieved, a sailor in a more senior paygrade may count as filling the billet of a more junior paygrade, but a sailor in a more junior paygrade may not count as filling the billet of a more senior paygrade. (d) Definitions.—In this section: (1) MANNING FIT.—The term “manning fit”, in the case of a ship, means the skills (rating), specialty skills (Navy Enlisted Classifications), and experience (paygrade) for the ship when compared with the ship manpower document requirement and billets authorized for such skills and experience. (2) MANNING FILL.—The term “manning fill”, in the case of a ship, means the total number of military personnel assigned to the ship by rating when compared with the ship manpower document requirement and billets authorized for the ship by rating. (3) COVERED SHIP.—The term “covered ship” means a commissioned battle force ship that is included in the battle force count of the Naval Vessel Register. (e) Sunset.—The requirement to submit notifications under subsection (a) with respect to fiscal year quarters shall cease beginning with fiscal year quarters in fiscal year 2025. (f) Repeal of superseded requirements.—Section 525 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1757; 10 U.S.C. 8013 note) is repealed. SEC. 598. Report regarding use of aerial systems of the Department of Defense to
support agencies of States, Territories, and the Federal
Government. (a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau, shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report regarding the requirements, policies, and procedures governing the use of manned and unmanned aerial systems of the Department of Defense to support State and Federal agencies. (b) Elements.—The report under subsection (a) shall include the following: (1) A description of requirements for providing support to State and Federal agencies that the Secretary considers appropriate for planning, programming and budgeting resources. (2) A description of manned and unmanned aerial systems that the Secretary regularly provides to support State and Federal agencies, including examples of support provided, and length of time to approve requests. (3) A list of requests for such aerial systems from State and Federal agencies during fiscal year 2019 that the Secretary denied and the reason each such request was disapproved. (4) An overview of current policies and procedures governing the use of such aerial systems by States and Federal agencies, including— (A) procedures a State or Federal agency must follow to obtain use of such aerial systems for natural disasters and search and rescue operations; (B) the typical amount of time needed to process such requests, and whether such procedures can be streamlined; and (C) to what extent different policies and procedures apply to unmanned aerial systems versus manned aerial systems. (5) A description of the different categories of unmanned aerial systems of the Department of Defense, how such categories are managed, and whether the criteria for such categories affect the ability of the Secretary to use unmanned aerial systems to support State or Federal agencies. (6) An explanation of any restrictions on the use of such unmanned aerial systems under— (A) the “Guidance for the Domestic Use of Unmanned Aircraft Systems in U.S. National Airspace”, dated August 18, 2018; (B) Department of Defense Instruction 3025.18 “Defense Support to Civil Authorities”; and (C) other relevant guidance of the Department of Defense. (7) Whether restrictions described in paragraph (6) apply differently to regular members of the Armed Forces serving on active duty and to members of the National Guard. (8) Whether members of the National Guard may operate the different categories of such unmanned aerial systems when operating under section 502(f) of title 32, United States Code. (9) An analysis of how the Secretary may improve access to and knowledge of States and Federal agencies regarding the availability of such unmanned aerial systems and related request procedures. (A) the Secretary has been unable to provide an unmanned aerial system to support to a State agency at the request of such State agency; and (B) the Secretary has plans to make more unmanned aerial systems available to fulfil such requests. (11) Any other matters the Secretary determines appropriate. (c) Form.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) State defined.—In this section, the term “State” has the meaning given that term in section 901 of title 32, United States Code. SEC. 599. Information for members of the Armed Forces on availability of services of
the Department of Veterans Affairs relating to sexual
trauma. (a) In general.—The Secretary of Defense shall inform members of the Armed Forces, using mechanisms available to the Secretary, of the eligibility of such members for services of the Department of Veterans Affairs relating to sexual trauma. (b) Information from sexual assault response coordinators.—The Secretary of Defense shall ensure— (1) that Sexual Assault Response Coordinators and uniformed victims advocates of the Department of Defense advise members of the Armed Forces who report instances of sexual trauma regarding the eligibility of such members for services at the Department of Veterans Affairs; and (2) that such information is included in mandatory training materials. (c) Sexual trauma defined.—In this section, the term “sexual trauma” means psychological trauma described in section 1720D(a)(1) of title 38, United States Code. SEC. 599A. Authority to issue an honorary promotion
to Colonel Charles E. McGee, United States Air Force
(ret.), to the grade of
brigadier general. (a) In general.—Pursuant to section 1563 of title 10, United States Code, the President may issue to Colonel Charles E. McGee, United States Air Force (retired), a distinguished Tuskegee Airman, an honorary promotion to the grade of brigadier general. (b) Additional benefits not to accrue.—The advancement of Charles E. McGee on the retired list of the Air Force under subsection (a) shall not affect the retired pay or other benefits from the United States to which Charles E. McGee is entitled based upon his military service, or affect any benefits to which any other person is or may become entitled based on such military service. SEC. 599B. Authority to issue an honorary and posthumous promotion to Lieutenant
Colonel Richard Cole, United States Air Force (ret.), to
the grade of
colonel. (a) In general.—Pursuant to section 1563 of title 10, United States Code, the President may issue to Lieutenant Colonel Richard E. Cole, United States Air Force (retired), an honorary and posthumous promotion to the grade of colonel. (b) Additional benefits not to accrue.—The advancement of Richard E. Cole on the retired list of the Air Force under subsection (a) shall not affect the retired pay or other benefits from the United States to which Richard E. Cole would have been entitled based upon his military service, or affect any benefits to which any other person is or may become entitled based on such military service. SEC. 599C. Sense of Congress on the honorable and distinguished service of General
Joseph F. Dunford, United States Marine Corps, to the
United States. It is the sense of Congress that— (1) the United States deeply appreciates the decades of honorable service of General Joseph F. Dunford, United States Marine Corps; and (2) the indispensable leadership of General Dunford and his dedication to the men and women of the Armed Forces demonstrates the finest example of service to the United States. Sec. 601. Clarification of continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action. Sec. 602. Continued entitlements while a member of the Armed Forces participates in a career intermission program. Sec. 603. Exemption from repayment of voluntary separation pay. Sec. 604. Consideration of service on active duty to reduce age of eligibility for retired pay for non-regular service. Sec. 605. Temporary adjustment of rates of basic allowance for housing following determination that local civilian housing costs significantly differ from such rates. Sec. 606. Reinvestment of travel refunds by the Department of Defense. Sec. 607. Addition of partial dislocation allowance to allowable travel and transportation expenses for servicemembers. Sec. 608. Reductions on account of earnings from work performed while entitled to an annuity supplement. Sec. 609. Increase in basic pay. Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Sec. 621. Expansion of eligibility for exceptional transitional compensation for dependents to dependents of current members. Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation. Sec. 623. Death gratuity for ROTC graduates. Sec. 624. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such services to survivors of members of the Armed Forces who die in combat in the line of duty. Sec. 625. Casualty assistance for survivors of deceased ROTC graduates. Sec. 631. Defense resale system matters. Sec. 632. Procurement by commissary stores of certain locally sourced products. Sec. 633. GAO review of defense resale optimization study. Sec. 641. Extension of certain morale, welfare, and recreation privileges to Foreign Service officers on mandatory home leave. Sec. 642. Extension of pilot program on a Government lodging program. Sec. 651. Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for emoluments clause purposes. Sec. 652. Report regarding transition from overseas housing allowance to basic allowance for housing for servicemembers in the territories. Sec. 653. Report on extension to members of the reserve components of the Armed Forces of special and incentive pays for members of the Armed Forces not currently payable to members of the reserve components. Sec. 654. Study regarding recoupment of separation pay, special separation benefits, and voluntary separation incentive payments from members of the Armed Forces and veterans who receive disability compensation under laws administered by the Secretary of Veterans Affairs. Sec. 655. Report on implementation of contributions to the Department of Defense Military Retirement Fund based on pay costs per Armed Force rather than on Armed Forces-wide basis. Sec. 656. Report on food insecurity among members of the Armed Forces and their dependents. SEC. 601. Clarification of continuation of pays during hospitalization and
rehabilitation resulting from wounds, injury, or illness
incurred while on duty
in a hostile fire area or exposed to an event of hostile
fire or other hostile
action. Section 372(b)(1) of title 37, United States Code, is amended to read as follows: “(1) The date on which the member is returned for assignment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Secretary of a military department, the date on which the member is determined fit for duty.”. SEC. 602. Continued entitlements while a member of the Armed Forces participates in a
career intermission program. Section 710(h) of title 10, United States Code, is amended— (1) in paragraph (1), by striking “; and” and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: “(3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title; “(4) the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under section 481f of title 37; and “(5) the eligibility of the member for general benefits as provided in part II of title 38.”. Section 1175a(j) of title 10, United States Code, is amended— (1) in paragraph (1), by striking “paragraphs (2) and (3)” and inserting “paragraphs (2), (3), and (4)”; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: “(4) This subsection shall not apply to a member who— “(A) is involuntarily recalled to active duty or full-time National Guard duty; and “(B) in the course of such duty, incurs a service-connected disability rated as total under section 1155 of title 38.”. SEC. 604. Consideration of service on active duty to reduce age of eligibility for
retired pay for non-regular service. Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking “under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)” and inserting “under section 12301(d) or 12304b of this title, or under a provision of law referred to in section 101(a)(13)(B)”. SEC. 605. Temporary adjustment of rates of basic allowance for housing following
determination that local civilian housing costs
significantly differ from such
rates. Section 403(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(8) (A) The Secretary of Defense may prescribe a temporary adjustment in the current rates of basic allowance for housing for a military housing area or a portion thereof (in this paragraph, ‘BAH rates’) if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof differs from the current BAH rates by more than 20 percent. “(B) Any temporary adjustment in BAH rates under this paragraph shall remain in effect only until the effective date of the first adjustment of BAH rates for the affected military housing area that occurs after the date of the adjustment under this paragraph. “(C) This paragraph shall cease to be effective on September 30, 2022.”. (a) Refunds for official travel.—Subchapter I of chapter 8 of title 37, United States Code, is amended by adding at the end the following new section: “§ 456. Managed travel program refunds “(a) Credit of refunds.—The Secretary of Defense may credit refunds attributable to Department of Defense managed travel programs as a direct result of official travel to such operation and maintenance or research, development, test, and evaluation accounts of the Department as designated by the Secretary that are available for obligation for the fiscal year in which the refund or amount is collected. “(b) Use of refunds.—Refunds credited under subsection (a) may only be used for official travel or operations and efficiency improvements for improved financial management of official travel. “(c) Definitions.—In this section: “(1) MANAGED TRAVEL PROGRAM.—The term ‘managed travel program’ includes air, rental car, train, bus, dining, lodging, and travel management, but does not include rebates or refunds attributable to the use of the Government travel card, the Government Purchase Card, or Government travel arranged by Government Contracted Travel Management Centers. “(2) REFUND.—The term ‘refund’ includes miscellaneous receipts credited to the Department identified as a refund, rebate, repayment, or other similar amounts collected.”. (b) Clerical amendment.—The table of sections at the beginning of chapter 8 of such title is amended by inserting after the item relating to section 455 the following new item:
(c) Clarification on retention of travel promotional items.—Section 1116(a) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 5 U.S.C. 5702 note) is amended— (1) by striking “Definition.—In this section, the term” and inserting the following: “Definitions.—In this section: “(1) The term”; and (2) by adding at the end the following new paragraph: “(2) The term ‘general public’ includes the Federal Government or an agency.”. SEC. 607. Addition of partial dislocation allowance to allowable travel and
transportation expenses for servicemembers. (a) Current authority.—Section 477(f)(1) of title 37, United States Code, is amended by striking “family”. (b) Future authority.—Section 452(c) of title 37, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): “(3) A partial dislocation allowance paid to a member ordered to occupy or vacate housing provided by the United States.”. SEC. 608. Reductions on account of earnings from work performed while entitled to an
annuity supplement. Section 8421a(c) of title 5, United States Code, is amended— (1) by striking “full-time as an air traffic control instructor” and inserting “as an air traffic control instructor, or supervisor thereof,”; and (2) by inserting “or supervisor” after “an instructor”. Effective on January 1, 2020, the rates of monthly basic pay for members of the uniformed services are increased by 3.1 percent. (a) Authorities relating To reserve forces.—Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2019” and inserting “December 31, 2020”. (b) Title 10 authorities relating to health care professionals.—The following sections of title 10, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”: (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers.—Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”. (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”: (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to provide temporary increase in rates of basic allowance for housing.—Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”. SEC. 621. Expansion of eligibility for exceptional transitional compensation for
dependents to dependents of current members. Section 1059(m) of title 10, United States Code, is amended— (1) in the subsection heading, by inserting “members or” after “dependents of”; (2) by inserting “member or” before “former member” each place it appears; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following new paragraph (3): “(3) For purposes of the provision of benefits under this section pursuant to this subsection, a member shall be considered separated from active duty upon the earliest of— “(A) the date an administrative separation is initiated by a commander of the member; “(B) the date the court-martial sentence is adjudged if the sentence, as adjudged, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; or “(C) the date the member’s term of service expires.”. SEC. 622. Phase-out of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation. (a) Phase-out.—Subchapter II of chapter 73 of title 10, United States Code, is amended as follows: (1) IN GENERAL.—In section 1450(c)(1)— (A) by striking “that the annuity otherwise payable under this section would exceed that compensation.” and inserting “calculated as follows:”; and (B) by adding at the end the following: “(A) During the period beginning on January 1, 2020, and ending on December 31, 2020, the amount that the annuity otherwise payable under this section would exceed such dependency and indemnity compensation. “(B) During the period beginning on January 1, 2021, and ending on December 31, 2021, the amount that the annuity otherwise payable under this section would exceed two-thirds of such dependency and indemnity compensation. “(C) During the period beginning on January 1, 2022, and ending on December 31, 2022, the amount that the annuity otherwise payable under this section would exceed one-third of such dependency and indemnity compensation. “(D) On and after January 1, 2023, the full amount of the annuity under this section.”. (2) CONFORMING AMENDMENT.—In section 1451(c)(2), by inserting “a portion (calculated under section 1450(c) of this title) of” before “the amount”. (b) Prohibition on retroactive benefits.—No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a). (c) Prohibition on recoupment of certain amounts previously refunded to SBP recipients.—A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States. (d) Repeal of authority for optional annuity for dependent children.—Section 1448(d)(2) of such title is amended— (1) by striking “Dependent children.—” and all that follows through “In the case of a member described in paragraph (1),” and inserting “Dependent children.—In the case of a member described in paragraph (1),”; and (2) by striking subparagraph (B). (e) Restoration of eligibility for previously eligible spouses.—The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment. (f) Effective date.—This section and the amendments made by this section shall take effect on the first day of the first month that begins after the date of the enactment of this Act, except subsections (d) and (e) of this section and the amendments made thereby shall take effect on January 1, 2023. (a) In general.—Section 1475(a)(4) of title 10, United States Code, is amended by adding “; or a graduate of a reserve officers' training corps who has received a commission but has yet to receive a first duty assignment; or” at the end. (b) Effective date.—The amendment under subsection (a) applies to deaths that occur on or after the date of the enactment of this Act. SEC. 624. Expansion of authority to provide financial assistance to civilian providers
of child care services or youth program services who
provide such services to
survivors of members of the Armed Forces who die in combat
in the line of
duty. Section 1798(a) of title 10, United States Code, is amended by inserting “, survivors of members of the armed forces who die in combat-related incidents in the line of duty,” after “armed forces”. Section 633 of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 1475 note) is amended by adding at the end the following new subsection: “(1) TREATED AS MEMBERS.—For purposes of this section, a graduate of a reserve officers' training corps who receives a commission and who dies before receiving a first duty assignment shall be treated as a member of the Armed Forces who dies while on active duty. “(2) EFFECTIVE DATE.—This subsection applies to deaths on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.”. (a) In general.—The Under Secretary of Defense for Personnel and Readiness shall, in coordination with the Chief Management Officer of the Department of Defense, maintain oversight of business transformation efforts of the defense commissary system and the exchange stores system in order to ensure the following: (1) Development of an intercomponent business strategy that maximizes efficiencies and results in a viable defense resale system in the future. (2) Preservation of patron savings and satisfaction from and in the defense commissary system and exchange stores system. (3) Sustainment of financial support of the defense commissary and exchange systems for morale, welfare, and recreation (MWR) services of the Armed Forces. (b) Executive Resale Board advice on operations of systems.—The Executive Resale Board of the Department of Defense shall advise the Under Secretary on the implementation of sustainable, complementary operations of the defense commissary system and the exchange stores system. (c) Information technology modernization.—The Secretary of Defense shall, acting through the Under Secretary and with advice from the Executive Resale Board, require the Defense Commissary Agency and the Military Exchange Service to do as follows: (1) Field new technologies and best business practices for information technology for the defense resale system. (2) Implement cutting-edge marketing opportunities across the defense resale system. (d) Inclusion of advertising in operating expenses of commissary stores.—Section 2483(b) of title 10, United States Code, is amended by adding at the end the following paragraph: “(7) Advertising of commissary sales on materials available within commissary stores and at other on-base locations.”. The Secretary of Defense shall ensure that the dairy products and fruits and vegetables procured for commissary stores under the defense commissary system are, to the extent practicable and while maintaining mandated patron savings, locally sourced in order to ensure the availability of the freshest possible dairy products and fruits and vegetables for patrons of the stores. (a) Review.—The Comptroller General of the United States shall conduct a review of the business case analysis performed as part of the defense resale optimization study conducted by the Reform Management Group, titled “Study to Determine the Feasibility of Consolidation of the Defense Resale Entities” and dated December 4, 2018. (b) Reports required; elements.—Not later than March 1, 2020, and June 1, 2020, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report and a final report, respectively, regarding the review performed under this section. Each report shall include evaluations of the following: (1) The descriptions and justifications for the assumptions, analytical choices and data used by the Reform Management Group to calculate: (A) Pricing. (B) Sales assumptions. (C) Accuracy of methods employed to measure patron savings levels. (2) The timetable for consolidation of military exchanges and commissaries. (3) The recommendations for consolidation developed as part of the business case analysis, including the overall cost of consolidation. (4) The budget and oversight implications of merging non-appropriated funds and appropriated funds to implement the recommended reforms. (5) The extent to which the Reform Management Group coordinated with the Secretaries of the military departments and the chiefs of the Armed Forces in preparing the study. (6) The extent to which the Reform Management Group addressed concerns of the Secretaries of the military departments and the chiefs of the Armed Forces in the study. (7) If the recommendations in the business case analysis were implemented— (A) the ability of military exchanges and commissaries to provide earnings to support on-base morale, welfare, and recreation programs; and (B) the financial viability of the military exchanges and commissaries. (c) Delay on consolidation.—The Secretary of Defense may not take any action to consolidate military exchanges and commissaries until the Committees on Armed Services of the Senate and the House of Representatives notify the Secretary in writing of receipt and acceptance of the findings of the Comptroller General in the reports required under this section. SEC. 641. Extension of certain morale, welfare, and recreation privileges to Foreign
Service officers on mandatory home leave. (a) In general.—Section 1065 of title 10, United States Code, as added by section 621 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended— (1) in the heading, by striking “veterans and caregivers for veterans” and inserting “veterans, caregivers for veterans, and Foreign Service officers”; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (3) by inserting after subsection (e) the following new subsection (f): “(f) Eligibility of Foreign Service officers on mandatory home leave.—A Foreign Service officer on mandatory home leave may be permitted to use military lodging referred to in subsection (h).”; and (4) in subsection (h), as redesignated by paragraph (2), by adding at the end the following new paragraphs: “(5) The term ‘Foreign Service officer’ has the meaning given that term in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). “(6) The term ‘mandatory home leave’ means leave under section 903 of the Foreign Service Act of 1980 (22 U.S.C. 4083).”. (b) Effective date.—The amendments made by this section shall take effect on January 1, 2020, as if originally incorporated in section 621 of Public Law 115–232. Section 914(b) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (5 U.S.C. 5911 note) is amended by striking “December 31, 2019” and inserting “December 31, 2020”. SEC. 651. Annual reports on approval of employment or compensation of retired general
or flag officers by foreign governments for emoluments
clause purposes. (a) Annual reports.—Section 908 of title 37, United States Code is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): “(c) Annual reports on approvals for retired general and flag officers.—Not later than January 31 each year, the Secretaries of the military departments, after consulting with the Secretary of State, shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on each approval under subsection (b) for employment or compensation described in subsection (a) for a retired member of the armed forces in general or flag officer grade that was issued during the preceding year.”. (b) Scope of first report.—The first report submitted pursuant to subsection (c) of section 908 of title 37, United States Code (as amended by subsection (a) of this section), after the date of the enactment of this Act shall cover the five-year period ending with the year before the year in which such report is submitted. SEC. 652. Report regarding transition from overseas housing allowance to basic
allowance for housing for servicemembers in the territories. Not later than February 1, 2020, the Secretary of Defense shall submit a report to the congressional defense committees regarding the recommendation of the Secretary whether members of the uniformed services located in the territories of the United States and who receive the overseas housing allowance should instead receive the basic allowance for housing to ensure the most appropriate housing compensation for such members and their families. SEC. 653. Report on extension to members of the reserve components of the Armed Forces
of special and incentive pays for members of the Armed
Forces not currently
payable to members of the reserve components. (a) Report required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of a study, conducted by the Secretary for purposes of the report, on the feasability and advisability of paying eligible members of the reserve components of the Armed Forces any special or incentive pay for members of the Armed Forces that is not currently payable to members of the reserve components. (b) Elements.—The report required by subsection (a) shall set forth the following: (1) An estimate of the yearly cost of paying members of the reserve components risk pay and flight pay under sections 334, 334a, and 351 of title 37, United States Code, at the same rate as members on active duty, regardless of the number of periods of instruction or appropriate duty participated in, so long as there is at least one such period of instruction or appropriate duty in the month. (2) A statement of the number of members of the reserve components who qualify or potentially qualify for hazardous duty incentive pay based on current professions or required duties, broken out by hazardous duty categories set forth in section 351 of title 37, United States Code. (3) If the Secretary determines that payment to eligible members of the reserve components of any special or incentive pay for members of the Armed Forces that is not currently payable to members of the reserve components is feasible and advisable, such recommendations as the Secretary considers appropriate for legislative or administrative action to authorize such payment. SEC. 654. Study regarding recoupment of separation pay, special separation benefits,
and voluntary separation incentive payments from members of
the Armed Forces and
veterans who receive disability compensation under laws
administered by the
Secretary of Veterans Affairs. (a) Study.—The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall conduct a study to determine, with regards to members of the Armed Forces and veterans whose separation pay, special separation benefits, and voluntary separation incentive payments either Secretary recoups because such members and veterans subsequently receive disability compensation under laws administered by the Secretary of Veterans Affairs— (1) how many such members and veterans are affected by such recoupment; and (2) the aggregated amount of additional money such members and veterans would receive but for such recoupment. (b) Report required.—Not later than September 30, 2020, the Secretary of Defense shall submit to the Committees on Armed Services and Veterans’ Affairs of the Senate and House of Representatives a report regarding the results of the study under subsection (a). SEC. 655. Report on implementation of contributions to the Department of Defense
Military Retirement Fund based on pay costs per Armed Force
rather than on Armed
Forces-wide basis. (1) IN GENERAL.—Not later than April 1, 2020, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the congressional defense committees a report setting forth a plan for the implementation of the amendments described in paragraph (2) as if such amendments would apply with respect to determinations of contributions to the Department of Defense Military Retirement Fund under chapter 74 of title 10, United States Code, and payments into the Fund, beginning with fiscal year 2025. (2) COVERED AMENDMENTS.—The amendments described in this paragraph are the amendments proposed to be made by section 631 of S.1790 of the 116th Congress, as reported to the Senate by the Committee on Armed Services of the Senate on June 11, 2019. (b) Elements.—The report required by subsection (a) shall include the following: (1) A plan to implement the amendments described in paragraph (2) of subsection (a) in the manner described in paragraph (1) of that subsection. (2) A timeline for actions required to implement such amendments in that manner. (3) An assessment of the impact of the implementation of such amendments in that manner on each of the following: (A) The budgeting of the military departments. (B) The efforts of the Department of Defense to achieve audits of its financial statements. (C) Decisions on military manning of the Armed Forces. (D) The cost and complexity of tracking contributions to the Department of Defense Military Retirement Fund. (a) Report required.—Not later than May 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on food insecurity among members of the Armed Forces and their dependents. (b) Elements.—The report required by subsection (a) shall include the following: (1) An assessment of the current extent of food insecurity among members of the Armed Forces and their dependents, including a description and analysis of the following: (A) Use of food assistance by members and their dependents, as revealed in data of the Department of Defense and other data available to the Department. (B) Use of free and reduced price school meals by dependents. (C) Use of food banks or similar assistance by members and their dependents. (2) A description and assessment of the barriers, if any, to qualification for or access to adequate food assistance of any type by members of the Armed Forces and their dependents. (3) A description of the number of members of the Armed Forces overseas who enrolled in the Family Supplemental Subsistence Allowance (FSSA) program under section 402a of title 37, United States Code, during the five-fiscal year period ending with fiscal year 2019, and of the cost to the Department of such enrollment during each fiscal year concerned. (4) An assessment of the effectiveness of the Family Supplemental Subsistence Allowance program for members of the Armed Forces overseas. (5) A description and assessment of the participation of members of the Armed Forces in the Supplemental Nutrition Assistance Program (SNAP), including with respect to the following: (A) Coordination between the Department of Defense and the Department of Agriculture for purposes of determining the numbers of members currently participating in the program. (B) Career stigma for members resulting from participation in the program. (C) Adverse consequences for member personal financial management resulting from participation in the program. (D) Other support available to and used by members to meet basic needs requirements. (6) An assessment of food insecurity among members of the Armed Forces who reside in on-post housing (and thus do not receive basic allowance for housing (BAH)) and their dependents, including eligibility of such members for and participation of such members in the Supplemental Nutrition Assistance Program. (7) An assessment of the feasability and advisability of a basic needs allowance for low-income members of the Armed Forces (including an allowance calculated both with and without basic allowance for housing included in the determination of member gross household income), including with respect to the following: (A) The maximum member gross household income for eligibility for the allowance. (B) The number of members who would be eligible for the allowance. (C) The optimal average annual amount of the allowance. (D) The total annual cost of paying the allowance. (E) Whether particular geographic locations would include large number of members eligible for the allowance. (F) The effects of payment of the allowance on recruitment and retention of members, and on member morale and conduct. (8) Any other recommendations for policies, programs, and activities to address food insecurity among members of the Armed Forces and their dependents that the Secretary considers appropriate. Sec. 701. Modification of eligibility for TRICARE Reserve Select for certain members of the Selected Reserve. Sec. 702. TRICARE payment options for retirees and their dependents. Sec. 703. Lead level screening and testing for children. Sec. 704. Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of periodic health assessments and other physical examinations. Sec. 705. Enhancement of recordkeeping with respect to exposure by members of the Armed Forces to certain occupational and environmental hazards while deployed overseas. Sec. 706. Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation. Sec. 707. Provision of blood testing for firefighters of Department of Defense to determine exposure to perfluoroalkyl and polyfluoroalkyl substances. Sec. 711. Modification of organization of military health system. Sec. 712. Support by military health system of medical requirements of combatant commands. Sec. 713. Requirements for certain prescription drug labels. Sec. 714. Officers authorized to command Army dental units. Sec. 715. Improvements to interagency program office of the Department of Defense and the Department of Veterans Affairs. Sec. 716. Expansion of strategy to improve acquisition of managed care support contracts under TRICARE program. Sec. 717. Inclusion of blast exposure history in medical records of members of the Armed Forces. Sec. 718. Comprehensive policy for provision of mental health care to members of the Armed Forces. Sec. 719. Limitation on the realignment or reduction of military medical manning end strength. Sec. 720. Strategy to recruit and retain mental health providers. Sec. 721. Development of partnerships to improve combat casualty care for personnel of the Armed Forces. Sec. 722. Modification to referrals for mental health services. Sec. 731. Authorization of claims by members of the uniformed services against the United States for personal injury or death caused by medical malpractice. Sec. 732. Extension and clarification of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson Foundation for the Advancement of Military Medicine. Sec. 734. Establishment of Academic Health System in National Capital Region. Sec. 735. Provision of veterinary services by veterinary professionals of the Department of Defense in emergencies. Sec. 736. Three-year extension of authority to continue the DOD-VA Health Care Sharing Incentive Fund. Sec. 737. Preservation of resources of the Army Medical Research and Materiel Command and continuation as Center of Excellence. Sec. 738. Encouragement of participation in Women’s Health Transition Training pilot program. Sec. 739. National Guard suicide prevention pilot program. Sec. 740. Pilot Program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System. Sec. 741. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense. Sec. 742. Modification of requirements for longitudinal medical study on blast pressure exposure of members of the Armed Forces and collection of exposure information. Sec. 743. Study and plan on the use of military-civilian integrated health delivery systems. Sec. 744. Study on case management in the military health system. Sec. 745. Report on Global Health Security Strategy and the National Biodefense Security. Sec. 746. Study on establishment of wounded warrior service dog program. Sec. 747. GAO report on Department of Defense quality assurance program and impacts of medical malpractice actions. Sec. 748. Reports on Millennium Cohort Study relating to women members of the Armed Forces. Sec. 749. Study on effects of sleep deprivation on readiness of members of the Armed Forces. Sec. 750. Study and report on traumatic brain injury mitigation efforts. SEC. 701. Modification of eligibility for TRICARE Reserve Select for certain members
of the Selected Reserve. Section 1076d(a)(2) of title 10, United States Code, is amended by striking “Paragraph (1) does not apply” and inserting “During the period preceding January 1, 2030, paragraph (1) does not apply”. (a) In general.—Section 1099 of title 10, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): “(d) Payment options.— (1) A member or former member of the uniformed services, or a dependent thereof, eligible for medical care and dental care under section 1074(b) or 1076 of this title shall pay a premium for coverage under this chapter. “(2) To the maximum extent practicable, a premium owed by a member, former member, or dependent under paragraph (1) shall be withheld from the retired, retainer, or equivalent pay of the member, former member, or dependent. In all other cases, a premium shall be paid in a frequency and method determined by the Secretary.”. (b) Conforming and clerical amendments.— (1) CONFORMING AMENDMENTS.—Section 1097a of title 10, United States Code, is amended— (A) by striking subsection (c); and (B) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (A) AUTOMATIC ENROLLMENTS.—The heading for section 1097a of such title is amended to read as follows: (B) ENROLLMENT SYSTEM AND PAYMENT OPTIONS.—The heading for section 1099 of such title is amended to read as follows: “§ 1099. Health care enrollment system and payment options”. (3) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 55 of such title is amended— (A) by striking the item relating to section 1097a and inserting the following new item:
(B) by striking the item relating to section 1099 and inserting the following new item:
(c) Effective date.—The amendments made by this section shall apply to health care coverage beginning on or after January 1, 2021. (a) Comprehensive screening, testing, and reporting guidelines.— (1) IN GENERAL.—The Secretary of Defense shall establish clinical practice guidelines for health care providers employed by the Department of Defense on screening, testing, and reporting of blood lead levels in children. (2) USE OF CDC RECOMMENDATIONS.—Guidelines established under paragraph (1) shall reflect recommendations made by the Centers for Disease Control and Prevention with respect to the screening, testing, and reporting of blood lead levels in children. (3) DISSEMINATION OF GUIDELINES.—Not later than one year after the date of the enactment of this Act, the Secretary shall disseminate the clinical practice guidelines established under paragraph (1) to health care providers of the Department of Defense. (b) Care provided in accordance with CDC guidance.—The Secretary shall ensure that any care provided by the Department of Defense to a child for an elevated blood lead level shall be carried out in accordance with applicable guidance issued by the Centers for Disease Control and Prevention. (c) Sharing of results of testing.— (1) IN GENERAL.—With respect to a child who receives from the Department of Defense a test for an elevated blood lead level— (A) the Secretary shall provide the results of the test to the parent or guardian of the child; and (B) notwithstanding any requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191), if the results of the test show an abnormal blood lead level or elevated blood lead level, the Secretary shall provide those results and the address at which the child resides to— (i) the relevant health department of the State in which the child resides if the child resides in the United States; or (ii) if the child resides outside the United States— (I) the Centers for Disease Control and Prevention; (II) the appropriate authority of the country in which the child resides; and (III) the primary provider of health care for the child for follow-up. (2) STATE DEFINED.—In this subsection, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (d) Report.—Not later than January 1, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing, with respect to the period beginning on the date of the enactment of this Act and ending on the date of the report, the following: (1) The number of children who were tested by the Department of Defense for the level of lead in the blood of the child, and of such number, the number who were found to have an elevated blood lead level. (2) The number of children who were screened by the Department of Defense for an elevated risk of lead exposure. (e) Comptroller General report.—Not later than January 1, 2022, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of screening and testing for lead exposure and elevated blood lead levels under chapter 55 of title 10, United States Code. (f) Definitions.—In this section, the terms “abnormal blood lead level” and “elevated blood lead level” have the meanings given those terms by the Centers for Disease Control and Prevention. SEC. 704. Exposure to open burn pits and toxic airborne chemicals or other airborne
contaminants as part of periodic health assessments and
other physical
examinations. (a) Periodic health assessment.—The Secretary of Defense shall ensure that any periodic health assessment provided to members of the Armed Forces includes an evaluation of whether the member has been— (1) based or stationed at a location where an open burn pit was used; or (2) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry. (b) Separation history and physical examinations.—Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph: “(C) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was— “(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or “(ii) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.”. (c) Deployment assessments.—Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: “(D) An assessment of whether the member was— “(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or “(ii) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.”. (1) DOD–VA.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly enter into a memorandum of understanding providing for the sharing by the Department of Defense with the Department of Veterans Affairs of the results of covered evaluations regarding the exposure by a member of the Armed Forces to toxic airborne chemicals or other airborne contaminants. (2) REGISTRY.—If a covered evaluation of a member of the Armed Forces establishes that the member was based or stationed at a location where an open burn pit was used or that the member was exposed to toxic airborne chemicals or other airborne contaminants, the member shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the member elects to not so enroll. (e) Rule of construction.—Nothing in this section may be construed to preclude eligibility for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the open burn pit exposure history of a veteran not being recorded in a covered evaluation. (f) Definitions.—In this section: (1) The term “Airborne Hazards and Open Burn Pit Registry” means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). (2) The term “covered evaluation” means— (A) a periodic health assessment conducted in accordance with subsection (a); (B) a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by this section; and (C) a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by this section. (3) The term “open burn pit” has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). SEC. 705. Enhancement of recordkeeping with respect to exposure by members of the
Armed Forces to certain occupational and environmental
hazards while deployed
overseas. (a) Inclusion in medical tracking system of occupational and environmental health risks in deployment area.— (1) ELEMENTS OF MEDICAL TRACKING SYSTEM.—Subsection (b)(1)(A) of section 1074f of title 10, United States Code, is amended— (A) in clause (ii), by striking “and” at the end; (B) in clause (iii), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new clause: “(iv) accurately record any exposure to occupational and environmental health risks during the course of their deployment.”. (2) RECORDKEEPING.—Subsection (c) of such section is amended by inserting after “deployment area” the following: “(including the results of any assessment performed by the Secretary of occupational and environmental health risks for such area)”. (b) Postdeployment medical examination and reassessments.—Section 1074f of title 10, United States Code, as amended by subsection (a), is further amended by adding at the end the following new subsection: “(g) Additional requirements for postdeployment medical examinations and health reassessments.— (1) The Secretary of Defense shall standardize and make available to a provider that conducts a postdeployment medical examination or reassessment under the system described in subsection (a) questions relating to occupational and environmental health exposure. “(2) The Secretary, to the extent practicable, shall ensure that the medical record of a member includes information on the external cause relating to a diagnosis of the member, including by associating an external cause code (as issued under the International Statistical Classification of Diseases and Related Health Problems, 10th Revision (or any successor revision)).”. (c) Access to information in burn pit registry.— (1) IN GENERAL.—The Secretary of Defense shall ensure that all medical personnel of the Department of Defense have access to the information contained in the burn pit registry. (2) BURN PIT REGISTRY DEFINED.—In this subsection, the term “burn pit registry” means the registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note). SEC. 706. Modifications to post-deployment mental health assessments for members of
the Armed Forces deployed in support of a contingency
operation. (a) Required assessments.—Section 1074m(a)(1) of title 10, United States Code, is amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: “(C) Subject to paragraph (3) and subsection (d), once during the period beginning on the date of redeployment from the contingency operation and ending on the date that is 21 days after the date on which the post-deployment leave of the member terminates. “(D) Subject to subsection (d), not less than once annually— “(i) beginning 21 days after the date on which the post-deployment leave of the member terminates; or “(ii) if the assessment required by subparagraph (C) is performed during the period specified in paragraph (3), beginning 180 days after the date of redeployment from the contingency operation.”. (b) Exceptions.—Section 1074m(a) of such title, as amended by subsection (a), is further amended by striking paragraph (2) and inserting the following new paragraphs: “(2) A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) (including an assessment performed pursuant to paragraph (3)) if the Secretary determines that providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk. “(3) A mental health assessment required under subparagraph (C) of paragraph (1) may be provided during the period beginning 90 days after the date of redeployment from the contingency operation and ending 180 days after such redeployment date if the Secretary determines that— “(A) an insufficient number of personnel are available to perform the assessment during the time period under such subparagraph; or “(B) an administrative processing issue exists upon the return of the member to the home unit or duty station that would prohibit the effective performance of the assessment during such time period.”. (c) Elimination of sunset for assessments during deployment.—Section 1074m(a)(1)(B) of such title is amended by striking “Until January 1, 2019, once” and inserting “Once”. (d) Effective date.—The amendments made by subsections (a) and (b) shall apply with respect to a date of redeployment that is on or after January 1, 2020. SEC. 707. Provision of blood testing for firefighters of Department of Defense to
determine exposure to perfluoroalkyl and polyfluoroalkyl
substances. (a) In general.—Beginning on October 1, 2020, the Secretary of Defense shall provide blood testing to determine and document potential exposure to perfluoroalkyl and polyfluoroalkyl substances (commonly known as “PFAS”) for each firefighter of the Department of Defense during the annual physical exam conducted by the Department for each such firefighter. (b) Firefighter defined.—In this section, the term “firefighter” means someone whose primary job or military occupational specialty is being a firefighter. (a) Administration of military medical treatment facilities.—Subsection (a) of section 1073c of title 10, United States Code, is amended— (A) by redesignating subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (C), (D), (E), (G), (H), and (I), respectively; (B) by inserting before subparagraph (C), as redesignated by subparagraph (A) of this paragraph, the following new subparagraphs: “(A) provision and delivery of health care within each such facility; “(B) management of privileging, scope of practice, and quality of health care provided within each such facility;”; and (C) by inserting after subparagraph (E), as so redesignated, the following new subparagraph: “(F) supply and equipment;”; (A) by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (E), (F), (H), and (I), respectively; (B) by inserting after subparagraph (C) the following new subparagraph (D): “(D) to identify the capacity of each military medical treatment facility to support clinical readiness standards of health care providers established by the Secretary of a military department or the Assistant Secretary of Defense for Health Affairs;” and (C) by striking subparagraph (F), as redesignated by subparagraph (A) of this paragraph, and inserting the following new subparagraphs: “(F) to determine, in coordination with each Secretary of a military department, manning, including joint manning, assigned to military medical treatment facilities and intermediary organizations; “(G) to select, after considering nominations from the Secretaries of the military departments, commanders or directors of military medical treatment facilities;”; and (i) by inserting “on behalf of the military departments,” before “ensuring”; and (ii) by striking “and civilian employees”; and (B) in subparagraph (B), by inserting “on behalf of the Defense Health Agency,” before “furnishing”. (b) DHA Assistant Director.—Subsection (b)(2) of such section is amended by striking “equivalent education and experience” and all that follows and inserting “the education and experience to perform the responsibilities of the position.”. (c) DHA Deputy Assistant Directors.—Subsection (c) of such section is amended— (1) in paragraph (2)(B), by striking “across the military health system” and inserting “at military medical treatment facilities”; and (2) in paragraph (4)(B), by inserting “at military medical treatment facilities” before the period at the end. (d) Treatment of Department of Defense for purposes of personnel assignment.—Such section is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): “(f) Treatment of Department of Defense for purposes of personnel assignment.—In implementing this section— “(1) the Department of Defense shall be considered a single agency for purposes of civilian personnel assignment under title 5; and “(2) the Secretary of Defense may reassign any employee of a component of the Department of Defense or a military department in a position in the civil service (as defined in section 2101 of title 5) to any other component of the Department of Defense or military department.”. (e) Military medical treatment facility.—Subsection (g) of such section, as redesignated by subsection (d)(1), is amended by adding at the end the following new paragraph: “(3) The term ‘military medical treatment facility’ means— “(A) any fixed facility of the Department of Defense that is outside of a deployed environment and used primarily for health care; and “(B) any other location used for purposes of providing health care services as designated by the Secretary of Defense.”. (f) Technical amendments.—Subsection (a) of such section is amended— (1) in paragraph (1), by striking “paragraph (4)” and inserting “paragraph (5)”; (2) by redesignating paragraph (5) as paragraph (6); (3) by redesignating the first paragraph (4) as paragraph (5); and (4) by moving the second paragraph (4) so as to appear before paragraph (5), as redesignated by paragraph (3) of this subsection. (a) In general.—Section 712 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended— (1) in subsection (a), by amending paragraph (1) to read as follows: “(1) IN GENERAL.—The Secretary of Defense shall, acting through the Secretaries of the military departments, the Defense Health Agency, and the Joint Staff, implement an organizational framework of the military health system that effectively and efficiently implements chapter 55 of title 10, United States Code, to maximize the readiness of the medical force, promote interoperability, and integrate medical capabilities of the Armed Forces in order to enhance joint military medical operations in support of requirements of the combatant commands.”; (2) in subsection (e), by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by moving such paragraphs so as to appear at the end of subsection (d); (3) by striking subsection (e), as amended by paragraph (2) of this subsection; (4) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (5) by inserting after subsection (a) the following new subsection (b): “(b) Additional duties of Surgeons General of the Armed Forces.—The Surgeons General of the Armed Forces shall have the following duties: “(1) To ensure the readiness for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned. “(2) To meet medical readiness standards, subject to standards and metrics established by the Assistant Secretary of Defense for Health Affairs. “(3) With respect to uniformed medical and dental personnel of the military department concerned— “(A) to assign such personnel— “(i) primarily to military medical treatment facilities, under the operational control of the commander or director of the facility; or “(ii) secondarily to partnerships with civilian or other medical facilities for training activities specific to such military department; and “(B) to maintain readiness of such personnel for operational deployment. “(4) To provide logistical support for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned. “(5) To oversee mobilization and demobilization in connection with the operational deployment of medical and dental personnel of the Armed Force or Armed Forces concerned. “(6) To develop operational medical capabilities required to support the warfighter, and to develop policy relating to such capabilities. “(7) To provide health professionals to serve in leadership positions across the military healthcare system. “(8) To deliver operational clinical services under the operational control of the combatant commands— “(A) on ships and planes; and “(B) on installations outside of military medical treatment facilities. “(9) To manage privileging, scope of practice, and quality of health care in the settings described in paragraph (8).”; (6) in subsection (c), as redesignated by paragraph (4) of this subsection— (A) in the subsection heading, by inserting “Agency” before “regions”; and (i) in the paragraph heading, by inserting “Agency” before “regions”; and (ii) by striking “defense health” and inserting “Defense Health Agency”; (7) in subsection (d), as redesignated by paragraph (4) of this subsection— (A) in the subsection heading, by inserting “Agency” before “regions”; (B) in the matter preceding paragraph (1), by striking “defense health” and inserting “Defense Health Agency”; and (C) in paragraph (3), by striking “subsection (b)” and inserting “subsection (c)”; and (8) in subsection (e), as redesignated by paragraph (4) of this subsection— (i) by amending subparagraph (A) to read as follows: “(A) IN GENERAL.—The Secretaries of the military departments shall coordinate with the Chairman of the Joint Chiefs of Staff to direct resources allocated to the military departments to support requirements related to readiness and operational medicine support that are established by the combatant commands and validated by the Joint Staff.”; and (ii) in subparagraph (B), in the matter preceding clause (i), by striking “Based on” and all that follows through “shall—” and inserting “The Director of the Defense Health Agency, in coordination with the Assistant Secretary of Defense for Health Affairs, shall—”; (B) in paragraph (3), as moved and redesignated by paragraph (2) of this subsection, in the second sentence— (i) by inserting “primarily” before “through”; and (ii) by inserting“, in coordination with the Secretaries of the military departments,” after “the Defense Health Agency”; and (C) by adding at the end the following: “(A) ADMINISTRATIVE CONTROL OF MILITARY PERSONNEL.—Each Secretary of a military department shall exercise administrative control of members of the Armed Forces assigned to military medical treatment facilities, including personnel assignment and issuance of military orders. “(B) OVERSIGHT OF CERTAIN PERSONNEL BY THE DIRECTOR OF THE DEFENSE HEALTH AGENCY.—In situations in which members of the Armed Forces provide health care services at a military medical treatment facility, the Director of the Defense Health Agency shall maintain operational control over such members and oversight for the provision of care delivered by such members through policies, procedures, and privileging responsibilities of the military medical treatment facility.”. (1) HEADING AMENDMENT.—The heading for section 712 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended to read as follows: (2) CLERICAL AMENDMENT.—The table of contents for such Act is amended by striking the item relating to section 712 and inserting the following new item:
(a) Requirement.—Section 1074g of title 10, United States Code, is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following new subsection (h): “(h) Labeling.—The Secretary of Defense shall ensure that drugs made available through the facilities of the armed forces under the jurisdiction of the Secretary include labels and other labeling that are in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).”. (b) Conforming amendment.—Subsection (b)(1) of such section is amended by striking “under subsection (h)” and inserting “under subsection (j)”. (c) Implementation.—Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement subsection (h) of section 1074g of title 10, United States Code, as added by subsection (a). Section 7081(d) of title 10, United States Code, is amended by striking “Dental Corps Officer” and inserting “commissioned officer of the Army Medical Department”. SEC. 715. Improvements to interagency program office of the Department of Defense and
the Department of Veterans Affairs. (a) Leadership.—Subsection (c) of section 1635 of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note) is amended to read as follows: “(1) DIRECTOR.—The Director of the Office shall be the head of the Office. “(2) DEPUTY DIRECTOR.—The Deputy Director of the Office shall be the deputy head of the Office and shall assist the Director in carrying out the duties of the Director. “(3) REPORTING.—The Director shall report directly to the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs. “(A) DIRECTOR.—The Director shall be appointed by the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs, for a fixed term of four years. For the subsequent term, the Secretary of Veterans Affairs, with the concurrence of the Secretary of Defense, shall appoint the Director for a fixed term of four years, and thereafter, the appointment of the Director for a fixed term of four years shall alternate between the Secretaries. “(B) DEPUTY DIRECTOR.—The Deputy Director shall be appointed by the Secretary of Veterans Affairs, with the concurrence of the Secretary of Defense, for a fixed term of four years. For the subsequent term, the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs, shall appoint the Deputy Director for a fixed term of four years, and thereafter, the appointment of the Deputy Director for a fixed term of four years shall alternate between the Secretaries. “(C) MINIMUM QUALIFICATIONS.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop qualification requirements for the Director and the Deputy Director. Such requirements shall ensure that, at a minimum, the Director and Deputy Director, individually or together, meet the following qualifications: “(i) Significant experience at a senior management level fielding enterprise-wide technology in a health care setting, or business systems in the public or private sector. “(ii) Credentials for enterprise-wide program management. “(iii) Significant experience leading implementation of complex organizational change by integrating the input of experts from various disciplines, such as clinical, business, management, informatics, and technology. “(5) SUCCESSION.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a leadership succession process for the Office. “(6) ADDITIONAL GUIDANCE.—The Department of Veterans Affairs-Department of Defense Joint Executive Committee may provide guidance in the discharge of the functions of the Office under this section. “(7) INFORMATION TO CONGRESS.—Upon request by any of the appropriate committees of Congress, the Director and the Deputy Director shall testify before such committee, or provide a briefing or otherwise provide requested information to such committee, regarding the discharge of the functions of the Office under this section.”. (b) Authority.—Paragraph (1) of subsection (b) of such section is amended by adding at the end the following new sentence: “The Office shall carry out decision making authority delegated to the Office by the Secretary of Defense and the Secretary of Veterans Affairs with respect to the definition, coordination, and management of functional, technical, and programmatic activities that are jointly used, carried out, and shared by the Departments.”. (c) Purposes.—Paragraph (2) of subsection (b) of such section is amended by adding at the end the following new subparagraphs: “(C) To develop and implement a comprehensive interoperability strategy, which shall include— “(i) the Electronic Health Record Modernization Program of the Department of Veterans Affairs; and “(ii) the Healthcare Management System Modernization Program of the Department of Defense. “(D) To pursue the highest level of interoperability for the delivery of health care by the Department of Defense and the Department of Veterans Affairs. “(E) To accelerate the exchange of health care information between the Departments, and advances in the health information technology marketplace, in order to support the delivery of health care by the Departments. “(F) To collect the operational and strategic requirements of the Departments relating to the strategy under subsection (a) and communicate such requirements and activities to the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services for the purpose of implementing title IV of the 21st Century Cures Act (division A of Public Law 114–255), and the amendments made by that title, and other objectives of the Office of the National Coordinator for Health Information Technology. “(G) To plan for and effectuate the broadest possible implementation of standards, specifically with respect to the Fast Healthcare Interoperability Resources standard or successor standard, the evolution of such standards, and the obsolescence of such standards. “(H) To actively engage with national and international health standards setting organizations, including by taking membership in such organizations, to ensure that standards established by such organizations meet the needs of the Departments pursuant to the strategy under subsection (a), and oversee and approve adoption of and mapping to such standards by the Departments. “(I) To express the content and format of health data of the Departments using a common language to improve the exchange of data between the Departments and with the private sector, and to ensure that clinicians of the Departments have access to integrated, computable, comprehensive health records of patients. “(J) To inform the Chief Information Officer of the Department of Defense and the Chief Information Officer of the Department of Veterans Affairs of any activities of the Office affecting or relevant to cybersecurity. “(K) To establish an environment that will enable and encourage the adoption by the Departments of innovative technologies for health care delivery. “(L) To leverage data integration to advance health research and develop an evidence base for the health care programs of the Departments. “(M) To prioritize the use of open systems architecture by the Departments. “(N) To ensure ownership and control by patients of personal health information and data in a manner consistent with applicable law. “(O) To prevent contractors of the Departments or other non-departmental entities from owning or having exclusive control over patient health data, for the purposes of protecting patient privacy and enhancing opportunities for innovation. “(P) To implement a single lifetime longitudinal personal health record between the Department of Defense and the Department of Veterans Affairs. “(Q) To attain interoperability capabilities— “(i) sufficient to enable the provision of seamless health care by health care facilities and providers of the Departments, as well as private sector facilities and providers contracted by the Departments; and “(ii) that are more adaptable and far reaching than those achievable through biodirectional information exchange between electronic health records of the exchange of read-only data alone. “(R) To make maximum use of open-application program interfaces and the Fast Healthcare Interoperability Resources standard (or successor standard).”. (d) Implementation milestones.—Subsection (e) of such section is amended to read as follows: “(e) Implementation milestones.— “(1) EVALUATION.—With respect to the electronic health record systems of the Department of Defense and the Department of Veterans Affairs, the Office shall seek to enter into an agreement with an independent entity to conduct an evaluation by not later than October 1, 2021 of the following: “(A) Whether a clinician of the Department of Defense, can access, and meaningfully interact with, a complete patient health record of a veteran, from a military medical treatment facility. “(B) Whether a clinician of the Department of Veterans Affairs can access, and meaningfully interact with, a complete patient health record of a member of the Armed Forces serving on active duty, from a medical center of the Department of Veterans Affairs. “(C) Whether clinicians of the Departments can access, and meaningfully interact with, the data elements of the health record of a patient who is a veteran or is a member of the Armed Forces which are generated when the individual receives health care from a community care provider of the Department of Veterans Affairs or a TRICARE program provider of the Department of Defense. “(D) Whether a community care provider of the Department of the Veterans Affairs and a TRICARE program provider of the Department of Defense on a Health Information Exchange-supported electronic health record can access patient health records of veterans and active-duty members of the Armed Forces from the system of the provider. “(E) An assessment of interoperability between the legacy electronic health record systems and the future electronic health record systems of the Department of Veterans Affairs and the Department of Defense. “(F) An assessment of the use of interoperable content between— “(i) the legacy electronic health record systems and the future electronic health record systems of the Department of Veterans Affairs and the Department of Defense; and “(ii) third-party applications. “(2) SYSTEM CONFIGURATION MANAGEMENT.—The Office shall— “(A) maintain the common configuration baseline for the electronic health record systems of the Department of Defense and the Department of Veterans Affairs; and “(B) continually evaluate the state of configuration and the impacts on interoperability; and “(C) promote the enhancement of such electronic health records systems. “(A) ANNUAL MEETING REQUIRED.—Not less than once per year, the Office shall convene a meeting of clinical staff from the Department of Defense, the Department of Veterans Affairs, the Coast Guard, community providers, and other leading clinical experts, for the purpose of assessing the state of clinical use of the electronic health record systems and whether the systems are meeting clinical and patient needs. “(B) RECOMMENDATIONS.—Clinical staff participating in a meeting under subparagraph (A) shall make recommendations to the Office on the need for any improvements or concerns with the electronic health record systems. “(4) CLINICAL AND PATIENT SATISFACTION SURVEY.—Beginning October 1, 2021, and on at least a biannual basis thereafter until 2025 at the earliest, the Office shall undertake a clinician and patient satisfaction survey regarding clinical use and patient experience with the electronic health record systems of the Department of Defense and the Department of Veterans Affairs.”. (e) Resources and staffing.—Subsection (g) of such section is amended— (1) in paragraph (1), by inserting before the period at the end the following: “, including the assignment of clinical or technical personnel of the Department of Defense or the Department of Veterans Affairs to the Office”; and (2) by adding at the end the following new paragraphs: “(3) COST SHARING.—The Secretary of Defense and the Secretary of Veterans shall enter into an agreement on cost sharing and providing resources for the operations and staffing of the Office. “(4) HIRING AUTHORITY.—The Secretary of Defense and the Secretary of Veterans Affairs shall delegate to the Director the authority under title 5, United States Code, regarding appointments in the competitive service to hire personnel of the Office.”. (f) Reports.—Subsection (h) of such section is amended to read as follows: “(1) ANNUAL REPORTS.—Not later than September 30, 2020, and each year thereafter through 2024, the Director shall submit to the Secretary of Defense and the Secretary of Veterans Affairs, and to the appropriate committees of Congress, a report on the activities of the Office during the preceding calendar year. Each report shall include the following: “(A) A detailed description of the activities of the Office during the year covered by such report, including a detailed description of the amounts expended and the purposes for which expended. “(B) With respect to the objectives of the strategy under paragraph (2)(C) of subsection (b), and the purposes of the Office under such subsection— “(i) a discussion, description, and assessment of the progress made by the Department of Defense and the Department of Veterans Affairs during the preceding calendar year; and “(ii) a discussion and description of the goals of the Department of Defense and the Department of Veterans Affairs for the following calendar year, including updates to strategies and plans. “(C) A detailed financial summary of the activities of the Office, including the funds allocated to the Office by each Department, the expenditures made, and an assessment as to whether the current funding is sufficient to carry out the activities of the Office. “(D) A detailed description of the status of each of the implementation milestones, including the nature of the evaluation, methodology for testing, and findings with respect to each milestone under subsection (e). “(E) A detailed description of the state of the configuration baseline, including any activities which decremented or enhanced the state of configuration under subsection (e). “(F) With respect to the annual meeting required under subsection (e)(3)— “(i) a detailed description of activities, assessments, and recommendations relating to such meeting; and “(ii) the response of the Office to any such recommendations. “(2) AVAILABILITY.—Each report under this subsection shall be made publicly available.”. (g) Definitions.—Such section is further amended by adding at the end the following new subsection (k): “(k) Definitions.—In this section: “(1) The term ‘appropriate congressional committees’ means— “(A) the congressional defense committees; and “(B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate. “(2) The term ‘configuration baseline’ means a fixed reference in the development cycle or an agreed-upon specification of a product at a point in time that serves as a documented basis for defining incremental change in all aspects of an information technology product. “(3) The term ‘Electronic Health Record Modernization Program’ has the meaning given that term in section 503 of the Veterans Benefits and Transition Act of 2018 (Public Law 115–407; 132 Stat. 5376). “(4) The term ‘interoperability’ means the ability of different information systems, devices, or applications to connect, regardless of the technology platform or the location where care is provided— “(A) in a coordinated and secure manner, within and across organizational boundaries, and across the complete spectrum of care, including all applicable care settings; “(B) with relevant stakeholders, including the person whose information is being shared, to access, exchange, integrate, and use computable data regardless of the origin or destination of the data or the applications employed; “(C) with the capability to reliably exchange information without error; “(D) with the ability to interpret and to make effective use of such exchanged information; “(E) with the ability for information that can be used to advance patient care to move between health care entities; and “(F) without additional intervention by the end user. “(5) The term ‘meaningfully interact’ means the ability to view, consume, act upon, and edit information in a clinical setting to facilitate high-quality clinical decision making. “(6) The term ‘seamless health care’ means health care which is optimized through access by patients and clinicians to integrated, relevant, and complete information about the clinical experiences of the patient, social and environmental determinants of health, and health trends over time, in order to enable patients and clinicians to— “(A) move efficiently within and across organizational boundaries; “(B) make high-quality decisions; and “(C) effectively carry out complete plans of care. “(7) The term ‘Secretary concerned’ means— “(A) the Secretary of Defense, with respect to matters concerning the Department of Defense; “(B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs; and “(C) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy. “(8) The term ‘TRICARE program’ has the meaning given that term in section 1072 of title 10, United States Code.”. (h) Interoperability strategy.— (1) REPORT REQUIRED.—Not later than 270 days after the date of the enactment of this Act, the Director shall submit to each Secretary concerned and to the appropriate congressional committees a report that contains a comprehensive interoperability strategy with respect to electronic health records jointly developed by the Secretary of Defense and Secretary of Veterans Affairs, including any accompanying or associated implementation plans and supporting plans. (2) ELEMENTS.—The comprehensive interoperability strategy under paragraph (1) shall discuss the purposes described in paragraphs (K) through (R) of section 1635(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), as amended by subsection (c). (3) DEFINITIONS.—In this subsection: (A) The term “appropriate congressional committees” means— (i) the Committees on Armed Services of the Senate and the House of Representatives; and (ii) the Committees on Veterans’ Affairs of the Senate and the House of Representatives. (B) The term “Director” means the individual described in section 1635(c) of the Wounded Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 note), as amended by subsection (a). (C) The term “interoperability” has the meaning given that term in subsection (k) of such section, as added by subsection (g). (i) Conforming repeal.—Section 713 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1071 note) is repealed. SEC. 716. Expansion of strategy to improve acquisition of managed care support
contracts under TRICARE program. Section 705(c)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1073a note) is amended, in the matter preceding subparagraph (A), by striking “, other than overseas medical support contracts”. (a) Requirement.—If a covered incident occurs with respect to a member of the Armed Forces, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall document blast exposure history in the medical record of the member to assist in determining whether a future illness or injury of the member is service-connected and inform future blast exposure risk mitigation efforts of the Department of Defense. (b) Elements.—A blast exposure history under subsection (a) shall include, at a minimum, the following: (1) The date of the exposure. (2) The duration of the exposure, and, if known, the measured blast pressure experienced by the individual during such exposure. (3) Whether the exposure occurred during combat or training. (c) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the types of information included in a blast exposure history under subsection (a). (d) Covered incident defined.—In this section, the term “covered incident” means a concussive event or injury that requires a military acute concussive evaluation by a skilled health care provider. (a) Policy required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall develop and implement a comprehensive policy for the provision of mental health care to members of the Armed Forces. (b) Elements.—The policy under subsection (a) shall address each of the following: (1) The compliance of health professionals in the military health system engaged in the provision of health care services to members with clinical practice guidelines for— (A) suicide prevention; (B) medication-assisted therapy for alcohol use disorders; and (C) medication-assisted therapy for opioid use disorders. (2) The access and availability of mental health care services to members who are victims of sexual assault or domestic violence. (3) The availability of naloxone reversal capability on military installations. (4) The promotion of referrals of members by civilian health care providers to military medical treatment facilities when such members are— (A) at high risk for suicide and diagnosed with a psychiatric disorder; or (B) receiving treatment for opioid use disorders. (5) The provision of comprehensive behavioral health treatment to members of the reserve components that takes into account the unique challenges associated with the deployment pattern of such members and the difficulty such members encounter post-deployment with respect to accessing such treatment in civilian communities. (c) Consideration.—In developing the policy under subsection (a), the Secretary of Defense shall solicit and consider recommendations from the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff regarding the feasibility of implementation and execution of particular elements of the policy. (d) Report.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the policy under subsection (a). (a) Limitation.—Except as provided by subsection (d), the Secretary of Defense and the Secretaries concerned may not realign or reduce military medical end strength authorizations until— (1) each review is conducted under paragraph (1) of subsection (b); (2) each analysis is conducted under paragraph (2) of such subsection; (3) the measurement is developed under paragraph (3) of such subsection; (4) each plan and forum is provided under paragraph (4) of such subsection; and (5) a period of 90 days elapses following the date on which the Secretary submits the report under subsection (c). (b) Reviews, analyses, and other information.— (1) REVIEW.—Each Secretary concerned, in coordination with the Chairman of the Joint Chiefs of Staff, shall conduct a review of the medical manpower requirements of the military department of the Secretary that accounts for all national defense strategy scenarios. (2) ANALYSES.—With respect to each military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction, the Secretary concerned shall conduct an analysis that— (A) identifies affected billets; and (B) includes a plan for mitigating any potential gap in health care services caused by such realignment or reduction. (3) MEASUREMENT.—The Secretary of Defense shall— (A) develop a standard measurement for network adequacy to determine the capacity of the local health care network to provide care for covered beneficiaries in the area of a military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction; and (B) use such measurement in carrying out this section and otherwise evaluating proposed military medical end strength realignment or reductions. (4) OUTREACH.—The Secretary of Defense shall provide to each member of the Armed Forces and covered beneficiary located in the area of a military medical treatment facility that would be affected by a proposed military medical end strength realignment or reduction the following: (A) A transition plan for continuity of health care services. (B) A public forum to discuss the concerns of the member and covered beneficiary regarding such proposed realignment or reduction. (c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the proposed military medical end strength realignments or reductions, including— (1) the reviews, analyses, and other information developed under subsection (b); and (2) a description of the actions the Secretary plans to take with respect to such proposed realignments or reductions. (1) IN GENERAL.—The limitation in subsection (a) shall not apply— (A) to administrative billets of a medical department of a military department that have remained unfilled since at least October 1, 2018; (B) to billets identified as non-clinical in the budget of the President for fiscal year 2020 submitted to Congress pursuant to section 1105 of title 31, United States Code, except that the amount of such billets shall not exceed 1,700; and (C) to medical headquarters billets of the military departments not assigned or directly supporting to operational commands. (2) DETERMINATION PRIOR TO REALIGNMENT OR REDUCTION.—The Secretary concerned may realign or reduce a billet described in paragraph (1) if the Secretary determines that such realignment or reduction does not affect the provision of health care services to members of the Armed Forces or covered beneficiaries. (e) Definitions.—In this section: (1) The term “covered beneficiary” has the meaning given that term in section 1072 of title 10, United States Code. (2) The term “proposed military medical end strength realignment or reduction” means a realignment or reduction of military medical end strength authorizations as proposed by the budget of the President for fiscal year 2020 submitted to Congress pursuant to section 1105 of title 31, United States Code. (3) The term “Secretary concerned” means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; and (C) the Secretary of the Air Force, with respect to matters concerning the Air Force. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that— (1) describes the shortage of mental health providers of the Department of Defense; (2) explains the reasons for such shortage; (3) explains the effect of such shortage on members of the Armed Forces; and (4) contains a strategy to better recruit and retain mental health providers, including with respect to psychiatrists, psychologists, mental health nurse practitioners, licensed social workers, and other licensed providers of the military health system, in a manner that addresses the need for cultural competence and diversity among such mental health providers. SEC. 721. Development of partnerships to improve combat casualty care for personnel of
the Armed Forces. (1) IN GENERAL.—The Secretary of Defense, through the Joint Trauma Education and Training Directorate established under section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note), may develop partnerships with civilian academic medical centers and large metropolitan teaching hospitals to improve combat casualty care for personnel of the Armed Forces. (2) PARTNERSHIPS WITH LEVEL I TRAUMA CENTERS.—In carrying out partnerships under paragraph (1), trauma surgeons and physicians of the Department of Defense may partner with level I civilian trauma centers to provide training and readiness for the next generation of medical providers to treat critically injured burn patients. (b) Support of partnerships.—The Secretary of Defense may make every effort to support partnerships under the Joint Trauma Education and Training Directorate with academic institutions that have level I civilian trauma centers, specifically those centers with a burn center, that offer burn rotations and clinical experience to provide training and readiness for the next generation of medical providers to treat critically injured burn patients. (c) Level I civilian trauma center defined.—In this section, the term “level I civilian trauma center” has the meaning given that term in section 708 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note). If the Secretary of Defense is unable to provide mental health services in a military medical treatment facility to a member of the Armed Forces within 15 days of the date on which such services are first requested by the member, the Secretary may refer the member to a provider under the TRICARE program (as that term is defined in section 1072 of title 10, United States Code) to receive such services. SEC. 731. Authorization of claims by members of the uniformed services against the
United States for personal injury or death caused by
medical
malpractice. (a) Medical malpractice claims.— (1) IN GENERAL.—Chapter 163 of title 10, United States Code, is amended by inserting after section 2733 the following new section: “(a) In general.—Consistent with this section and under such regulations as the Secretary of Defense shall prescribe under subsection (f), the Secretary may allow, settle, and pay a claim against the United States for personal injury or death incident to the service of a member of the uniformed services that was caused by the medical malpractice of a Department of Defense health care provider. “(b) Requirement for claims.—A claim may be allowed, settled, and paid under subsection (a) only if— “(1) the claim is filed by the member of the uniformed services who is the subject of the medical malpractice claimed, or by an authorized representative on behalf of such member who is deceased or otherwise unable to file the claim due to incapacitation; “(2) the claim is for personal injury or death caused by the negligent or wrongful act or omission of a Department of Defense health care provider in the performance of medical, dental, or related health care functions while such provider was acting within the scope of employment; “(3) the act or omission constituting medical malpractice occurred in a covered military medical treatment facility; “(4) the claim is presented to the Department in writing within two years after the claim accrues; “(5) the claim is not allowed to be settled and paid under any other provision of law; and “(6) the claim is substantiated as prescribed in regulations prescribed by the Secretary of Defense under subsection (f). “(c) Liability.— (1) The Department of Defense is liable for only the portion of compensable injury, loss, or damages attributable to the medical malpractice of a Department of Defense health care provider. “(2) The Department of Defense shall not be liable for the attorney fees of a claimant under this section. “(d) Payment of claims.— (1) If the Secretary of Defense determines, pursuant to regulations prescribed by the Secretary under subsection (f), that a claim under this section in excess of $100,000 is meritorious, and the claim is otherwise payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31. “(2) Except as provided in paragraph (1), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction. “(e) Reporting medical malpractice.—Not later than 30 days after a determination of medical malpractice or the payment of all or part of a claim under this section, the Secretary of Defense shall submit to the Director of the Defense Health Agency a report documenting such determination or payment to be used by the Director for all necessary and appropriate purposes, including medical quality assurance. “(f) Regulations.— (1) The Secretary of Defense shall prescribe regulations to implement this section. “(2) Regulations prescribed by the Secretary under paragraph (1) shall include the following: “(A) Policies and procedures to ensure the timely, efficient, and effective processing and administration of claims under this section, including— “(i) the filing, receipt, investigation, and evaluation of a claim; “(ii) the negotiation, settlement, and payment of a claim; “(iii) such other matters relating to the processing and administration of a claim, including an administrative appeals process, as the Secretary considers appropriate. “(B) Uniform standards consistent with generally accepted standards used in a majority of States in adjudicating claims under chapter 171 of title 28 (commonly known as the ‘Federal Tort Claims Act’) to be applied to the evaluation, settlement, and payment of claims under this section without regard to the place of occurrence of the medical malpractice giving rise to the claim or the military department or service of the member of the uniformed services, and without regard to foreign law in the case of claims arising in foreign countries, including uniform standards to be applied to determinations with respect to— “(i) whether an act or omission by a Department of Defense health care provider in the context of performing medical, dental, or related health care functions was negligent or wrongful, considering the specific facts and circumstances; “(ii) whether the personal injury or death of the member was caused by a negligent or wrongful act or omission of a Department of Defense health care provider in the context of performing medical, dental, or related health care functions, considering the specific facts and circumstances; “(iii) requirements relating to proof of duty, breach of duty, and causation resulting in compensable injury or loss, subject to such exclusions as may be established by the Secretary of Defense; and “(iv) calculation of damages. “(C) Such other matters as the Secretary considers appropriate. “(3) In order to implement expeditiously the provisions of this section, the Secretary may prescribe the regulations under this subsection— “(A) by prescribing an interim final rule; and “(B) not later than one year after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule. “(g) Limitation on attorney fees.— (1) No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 20 percent of any claim paid pursuant to this section. “(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with a claim under this section any amount in excess of the amount allowed under paragraph (1), if recovery be had, shall be fined not more than $2,000, imprisoned not more than one year, or both. “(h) Annual report.—Not less frequently than annually until 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report— “(1) indicating the number of claims processed under this section; “(2) indicating the resolution of each such claim; and “(3) describing any other information that may enhance the effectiveness of the claims process under this section. “(i) Definitions.—In this section: “(1) COVERED MILITARY MEDICAL TREATMENT FACILITY.—The term ‘covered military medical treatment facility’ means a facility described in subsection (b), (c), or (d) of section 1073d of this title. “(2) DEPARTMENT OF DEFENSE HEALTH CARE PROVIDER.—The term ‘Department of Defense health care provider’ means a member of the uniformed services, civilian employee of the Department of Defense, or personal services contractor of the Department (under section 1091 of this title) authorized by the Department to provide health care services and acting within the scope of employment of such individual. “(3) MEMBER OF THE UNIFORMED SERVICES.—The term ‘member of the uniformed services’ includes a member of a reserve component of the armed forces if the claim by the member under this section is in connection with personal injury or death that occurred while the member was in Federal status.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 163 of such title is amended by inserting after the item relating to section 2733 the following new item:
(b) Interim briefing on development of regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the development of regulations under section 2733a(f) of title 10, United States Code, as added by subsection (a)(1). (1) Section 2735 of such title is amended by striking “2733,” and inserting “2733, 2733a,”. (2) Section 1304(a)(3)(D) of title 31, United States Code, is amended by striking “2733,” and inserting “2733, 2733a,”. (d) Effective date and transition provision.— (1) EFFECTIVE DATE.—The amendments made by this section shall apply to any claim filed under section 2733a of such title, as added by subsection (a)(1), on or after January 1, 2020. (2) TRANSITION.—Any claim filed in calendar year 2020 shall be deemed to be filed within the time period specified in section 2733a(b)(4) of such title, as so added, if it is filed within three years after it accrues. SEC. 732. Extension and clarification of authority for Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration
Fund. Title XVII of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2567) is amended— (A) in subsection (a), by striking “Subject to subsection (b), the” and inserting “The”; (B) by striking subsection (b); and (C) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (2) in section 1702(a)(1), by striking “hereafter in this title” and inserting “in this section”; (3) in section 1703, in subsections (a) and (c), by striking “the facility” and inserting “the James A. Lovell Federal Health Care Center”; (A) in subsections (a)(3), (a)(4)(A), and (b)(1), by striking “the facility” and inserting “the James A. Lovell Federal Health Care Center”; and (B) in subsection (e), as most recently amended by section 731 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), by striking “September 30, 2020” and inserting “September 30, 2021”; (A) in subsection (a), by striking “the facility” and inserting “the James A. Lovell Federal Health Care Center (in this section referred to as the ‘JALFHCC’)”; (B) in subsection (b), in the matter preceding paragraph (1), by striking “the facility” and inserting “the JALFHCC”; and (i) by striking “the facility” each place it appears and inserting “the JALFHCC”; and (ii) by adding at the end the following new paragraph: “(4) To permit the JALFHCC to enter into personal services contracts to carry out health care responsibilities in the JALFHCC to the same extent and subject to the same conditions and limitations as apply under section 1091 of title 10, United States Code, to the Secretary of Defense with respect to health care responsibilities in medical treatment facilities of the Department of Defense.”. SEC. 733. Appointment of non-ex officio members of the Henry M. Jackson Foundation for
the Advancement of Military Medicine. (a) Appointment by non-ex officio members.—Subparagraph (C) of paragraph (1) of section 178(c) of title 10, United States Code, is amended to read as follows: “(C) six members, each of whom shall be appointed at the expiration of the term of a member appointed under this subparagraph, as provided for in paragraph (2), by the members currently serving on the Council pursuant to this subparagraph and paragraph (2), including the member whose expiring term is so being filled by such appointment.”. (b) Repeal of obsolete authority establishing staggered terms.—Paragraph (2) of such section is amended— (1) by striking “except that—” and all that follows through “any person” and inserting “except that any person”; (2) by striking “; and” and inserting a period; and (3) by striking subparagraph (B). (1) IN GENERAL.—The amendments made by this section shall take effect on the date of the enactment of this Act. (2) CONSTRUCTION FOR CURRENT MEMBERS.—Nothing in the amendments made by this section shall be construed to terminate or otherwise alter the appointment or term of service of members of the Henry M. Jackson Foundation for the Advancement of Military Medicine who are so serving on the date of the enactment of this Act pursuant to an appointment under paragraph (1)(C) or (2) of section 178(c) of title 10, United States Code, made before that date. (a) In general.—Chapter 104 of title 10, United States Code, is amended by inserting after section 2113a the following new section: “§ 2113b. Academic Health System “(a) In general.—The Secretary of Defense may establish an Academic Health System to integrate the health care, health professions education, and health research activities of the military health system, including under this chapter, in the National Capital Region. “(b) Leadership.— (1) The Secretary may appoint employees of the Department of Defense to leadership positions in the Academic Health System established under subsection (a). “(2) Such positions may include responsibilities for management of the health care, health professions education, and health research activities described in subsection (a) and are in addition to similar leadership positions for members of the armed forces. “(c) National Capital Region defined.—In this section, the term ‘National Capital Region’ means the area, or portion thereof, as determined by the Secretary, in the vicinity of the District of Columbia.”. (b) Clerical amendment.—The table of sections at the beginning of chapter 104 of such title is amended by inserting after the item relating to section 2113a the following new item:
SEC. 735. Provision of veterinary services by veterinary professionals of the
Department of Defense in emergencies. (a) In general.—Chapter 53 of title 10, United States Code, is amended by adding at the end the following new section: “§ 1060c. Provision of veterinary services in emergencies “(a) In general.—A veterinary professional described in subsection (b) may provide veterinary services for the purposes described in subsection (c) in any State, the District of Columbia, or a territory or possession of the United States, without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense. “(b) Veterinary professional described.—A veterinary professional described in this subsection is an individual who is— “(1) (A) a member of the armed forces, a civilian employee of the Department of Defense, or otherwise credentialed and privileged at a Federal veterinary institution or location designated by the Secretary of Defense for purposes of this section; or “(B) a member of the National Guard performing training or duty under section 502(f) of title 32; “(2) certified as a veterinary professional by a certification recognized by the Secretary of Defense; and “(3) currently licensed by a State, the District of Columbia, or a territory or possession of the United States to provide veterinary services. “(c) Purposes described.—The purposes described in this subsection are veterinary services in response to any of the following: “(1) A national emergency declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.). “(2) A major disaster or an emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)). “(3) A public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d). “(4) An extraordinary emergency, as determined by the Secretary of Agriculture under section 10407(b) of the Animal Health Protection Act (7 U.S.C. 8306(b)).”. (b) Clerical amendment.—The table of sections at the beginning of chapter 53 of such title is amended by inserting after the item relating to section 1060b the following new item:
SEC. 736. Three-year extension of authority to continue the DOD-VA Health Care Sharing
Incentive Fund. Section 8111(d)(3) of title 38, United States Code, is amended by striking “September 30, 2020” and inserting, “September 30, 2023”. SEC. 737. Preservation of resources of the Army Medical Research and Materiel Command
and continuation as Center of Excellence. (a) In general.—The Secretary of Defense shall preserve the resources of the Army Medical Research and Materiel Command for use by such command, which shall include manpower and funding, at not less than the level of such resources as of the date of the enactment of this Act until September 30, 2022. (b) Transfer of funds.—On October 1, 2022, all amounts available for the Army Medical Research and Materiel Command shall be transferred from accounts for research, development, test, and evaluation for the Army to accounts for the Defense Health Program. (c) Continuation as Center of Excellence.—After September 30, 2022, the Army Medical Research and Materiel Command and Fort Detrick shall continue to serve as a Center of Excellence for Joint Biomedical Research, Development and Acquisition Management for efforts undertaken under the Defense Health Program. (a) Encouragement of participation.—The Secretaries of the military departments shall encourage female members of the Armed Forces who are separating or retiring from the Armed Forces during fiscal year 2020 to participate in the Women’s Health Transition Training pilot program (in this section referred to as the “pilot program”) administered by the Secretary of Veterans Affairs. (b) Selection.—Each Secretary of a military department shall select at least one location at which the pilot program is offered and encourage participation in the pilot program at such location. (c) Report.—Not later than September 30, 2020, the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program that includes the following: (1) For the period since the commencement of the pilot program— (A) the number of courses held under the pilot program; (B) the locations at which such courses were held; and (C) for each location identified in subparagraph (B)— (i) the number of female members by military department (with respect to Department of the Navy, separately for the Navy and Marine Corps) who participated in the pilot program; and (ii) the number of seats available under the pilot program. (A) satisfaction with courses held under the pilot program; (B) improved awareness of health care services administered by the Secretary of Veterans Affairs; and (C) any other available statistics regarding the pilot program. (3) A discussion of regulatory, legal, or resource barriers to— (A) making the pilot program permanent to enable access by a greater number of female members at locations throughout the United States; (B) offering the pilot program online for female members who are unable to attend courses held under the pilot program in person; and (C) providing for automatic enrollment of participants in the pilot program in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code. (a) Pilot program authorized.—The Chief of the National Guard Bureau may carry out a pilot program to expand suicide prevention and intervention efforts at the community level through the use of a mobile application that provides the capability for a member of the National Guard to receive prompt support, including access to a behavioral health professional, on a smartphone, tablet computer, or other handheld mobile device. (b) Elements.—The pilot program shall include, subject to such conditions as the Secretary may prescribe— (1) the use by members of the National Guard of an existing mobile application that provides the capability described in subsection (a); or (2) the development and use of a new mobile application that provides such capability. (c) Eligibility and participation requirements.—The Chief of the National Guard Bureau shall establish requirements with respect to eligibility and participation in the pilot program. (d) Assessment prior to pilot program commencement.—Prior to commencement of the pilot program, the Chief of the National Guard Bureau shall— (1) conduct an assessment of existing prevention and intervention efforts of the National Guard in each State that include the use of mobile applications that provide the capability described in subsection (a) to determine best practices for providing immediate and localized care through the use of such mobile applications; and (2) determine the feasibility of expanding existing programs on a national scale. (e) Responsibilities of entities participating in pilot program.—Each entity that participates in the pilot program shall— (1) share best practices with other entities participating in the program; and (2) annually assess outcomes with respect to members of the National Guard. (f) Term.—The pilot program shall terminate on the date that is three years after the date on which the pilot program commenced. (1) INITIAL REPORT.—If the Chief of the National Guard Bureau commences the pilot program authorized under subsection (a), not later than 180 days after the date of the commencement of such program, the Chief shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing a description of the pilot program and such other matters as the Chief considers appropriate. (A) IN GENERAL.—Not later than 180 days after the termination of the pilot program, the Chief of the National Guard Bureau shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on such pilot program. (B) MATTERS INCLUDED.—The report under subparagraph (A) shall include the following: (i) A description of the pilot program, including any partnerships entered into by the Chief of the National Guard Bureau under the program. (ii) An assessment of the effectiveness of the pilot program. (iii) A description of costs associated with the implementation of the pilot program. (iv) The estimated costs of making the pilot program permanent. (v) A recommendation as to whether the pilot program should be extended or made permanent. (vi) Such other recommendations for legislative or administrative action as the Chief of the National Guard Bureau considers appropriate. (h) State defined.—In this section, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 740. Pilot Program on civilian and military partnerships to enhance
interoperability and medical surge capability and capacity
of National Disaster
Medical System. (a) In general.—The Secretary of Defense may carry out a pilot program to establish partnerships with public, private, and nonprofit health care organizations, institutions, and entities in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation to enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11) in the vicinity of major aeromedical and other transport hubs and logistics centers of the Department of Defense. (b) Duration.—The Secretary of Defense may carry out the pilot program under subsection (a) for a period of not more than five years. (c) Locations.—The Secretary shall carry out the pilot program under subsection (a) at not fewer than five aeromedical or other transport hub regions or logistics centers in the United States. (d) Requirements.—In establishing partnerships under the pilot program under subsection (a), the Secretary, in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation, shall establish requirements under such partnerships for staffing, specialized training, medical logistics, telemedicine, patient regulating, movement, situational status reporting, tracking, and surveillance. (e) Evaluation metrics.—The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot program under subsection (a). (A) IN GENERAL.—Not later than 180 days after the commencement of the pilot program under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. (B) ELEMENTS.—The report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) The requirements established under subsection (d). (iii) The evaluation metrics established under subsection (e). (iv) Such other matters relating to the pilot program as the Secretary considers appropriate. (A) IN GENERAL.—Not later than 180 days after completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. (B) ELEMENTS.—The report required by subparagraph (A) shall include the following: (i) A description of the pilot program, including the partnerships established under the pilot program as described in subsection (a). (ii) An assessment of the effectiveness of the pilot program. (iii) An assessment of the cost of the pilot program and an estimate of the cost of making the pilot program a permanent part of the budget of the Department of Defense. (iv) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program, including recommendations for extending or making permanent the authority for the pilot program. SEC. 741. Reports on suicide among members of the Armed Forces and suicide prevention
programs and activities of the Department of Defense. (a) Department of Defense reports on suicide among members of the Armed Forces.— (1) REPORTS REQUIRED.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter through January 31, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on suicide among members of the Armed Forces during the year preceding the date of the report. (2) MATTERS INCLUDED.—Each report under paragraph (1) shall include the following with respect to the year covered by the report: (A) The number of suicides, attempted suicides, and known cases of suicidal ideation involving a member of the Armed Forces, including the reserve components thereof, listed by Armed Force. (B) The number of suicides, attempted suicides, or known cases of suicidal ideation identified under subparagraph (A) that occurred during each of the following periods: (i) The first 180 days of the member serving in the Armed Forces. (ii) The period in which the member is deployed in support of a contingency operation. (C) With respect to the number of suicides, attempted suicides, or known cases of suicidal ideation identified under subparagraph (B)(i), the initial recruit training location of the member. (D) The number of suicides involving a dependent of a member. (E) A description of any research collaborations and data sharing by the Department of Defense with the Department of Veterans Affairs, other departments or agencies of the Federal Government, academic institutions, or nongovernmental organizations. (F) Identification of a research agenda for the Department of Defense to improve the evidence base on effective suicide prevention treatment and risk communication. (G) The availability and usage of the assistance of chaplains, houses of worship, and other spiritual resources for members of the Armed Forces who identify as religiously affiliated and have attempted suicide, have experienced suicidal ideation, or are at risk of suicide, and metrics on the impact these resources have in assisting religiously-affiliated members who have access to and utilize them compared to religiously-affiliated members who do not. (H) A description of the effectiveness of the policies developed pursuant to section 567 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 1071 note) and section 582 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1071 note), including with respect to— (i) metrics identifying effective treatment modalities for members of the Armed Forces who are at risk for suicide (including any clinical interventions involving early identification and treatment of such members); (ii) metrics for the rate of integration of mental health screenings and suicide risk and prevention for members during the delivery of primary care for such members; (iii) metrics relating to the effectiveness of suicide prevention and resilience programs and preventative behavioral health programs of the Department of Defense (including those of the military departments and the Armed Forces); and (iv) metrics evaluating the training standards for behavioral health care providers to ensure that such providers have received training on clinical best practices and evidence-based treatments. (b) GAO report on suicide prevention programs and activities.— (1) REPORT REQUIRED.—Not later than 240 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the programs and activities of the Department of Defense and the Armed Forces for the prevention of suicide among members of the Armed Forces (including the reserve components) and their families. (2) ELEMENTS.—The report under paragraph (1) shall include the following: (A) A description of the current programs and activities of the Department of Defense and the Armed Forces for the prevention of suicide among members of the Armed Forces and their families. (B) An assessment whether the programs and activities described pursuant to subparagraph (A)— (i) are evidence-based and incorporate best practices identified in peer-reviewed medical literature; (ii) are appropriately resourced; and (iii) deliver outcomes that are appropriate relative to peer activities and programs (including those undertaken in the civilian community and in military forces of other countries). (C) A description and assessment of any impediments to the effectiveness of such programs and activities. (D) Such recommendations as the Comptroller General considers appropriate for improvements to such programs and activities. (E) Such recommendations as the Comptroller General considers appropriate for additional programs and activities for the prevention of suicide among members of the Armed Forces and their families. SEC. 742. Modification of requirements for longitudinal medical study on blast
pressure exposure of members of the Armed Forces and
collection of exposure
information. (a) Modification of study.—Section 734 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1444) is amended— (A) in paragraph (2), by striking “; and” and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(4) assess the feasibility and advisability of— “(A) uploading the data gathered from the study into the Defense Occupational and Environmental Health Readiness System – Industrial Hygiene (DOEHRS-IH) or similar system; “(B) allowing personnel of the Department of Defense and the Department of Veterans Affairs to have access to such system; and “(C) ensuring such data is interoperable and can be uploaded into the MHS Genesis electronic health record or successor system of the Department of Defense.”; and (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph (2): “(2) ANNUAL STATUS REPORT.—Not later than January 1 of each year during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 and ending on the completion of the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a status report on the study.”. (b) Collection of exposure information.—The Secretary of Defense shall collect blast exposure information with respect to a member of the Armed Forces in a manner— (1) consistent with blast exposure measurement training guidance of the Department of Defense, including any guidance developed pursuant to— (A) the longitudinal medical study on blast pressure exposure required by section 734 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1444); and (B) the review of guidance on blast exposure during training required by section 253 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2001 note prec.); (2) compatible with training and operational objectives of the Department; and (3) that is automated, to the extent practicable, to minimize the reporting burden of unit commanders. (a) Study.—The Secretary of Defense shall conduct a study on the use of local military-civilian integrated health delivery systems pursuant to section 706 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1096 note). The study shall examine the following: (1) Geographic locations where military medical treatment facilities have existing contractual relationships with local civilian health care networks, including Fort Drum, New York, Joint Base McGuire-Dix-Lakehurst, New Jersey, Joint Base Lewis-McCord, Washington, Fort Leonard Wood, Missouri, Elmendorf Air Force Base, Alaska, Fort Sill, Oklahoma, Tripler Army Medical Center, Hawaii, the National Capital Region, and similar locations. (2) Health care activities that promote value-based care, measurable health outcomes, patient safety, timeliness of referrals, and transparent communication with covered beneficiaries. (3) Locations where health care providers of the Department of Defense may be able to attain critical wartime readiness skills in a local integrated military-civilian integrated health delivery system. (4) The cost of providing care under an integrated military-civilian integrated health delivery system as compared to health care provided by a managed care support contractor. (b) Plan.—The Secretary of Defense shall develop a plan for the further development of the use of local military-civilian integrated health delivery systems by the Department of Defense. (c) Submission.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate— (1) a report on the results of the study under subsection (a); and (2) the plan developed under subsection (b). (d) Definitions.—In this section: (1) The term “covered beneficiaries” has the meaning given that term in section 1072 of title 10, United States Code. (2) The term “National Capital Region” has the meaning given that term in section 2674 of title 10, United States Code. (a) Study.—The Secretary of Defense shall conduct a study on the effectiveness of case management practices in the military health system. The study shall include the following: (1) A standardized definition of case management. (2) An evaluation of case management practices provided by the military departments before and during the transition of the administration of military medical treatment facilities to the Defense Health Agency pursuant to section 1073c of title 10, United States Code. (3) A discussion of the metrics used in determining the effectiveness and cost of case management. (4) An evaluation of the case management and outreach provided by the managed care support contractors supporting the Defense Health Agency, including with respect to— (A) the intervals at which patients are contacted; (B) the role of the case manager in coordination; (C) the approximate number of patients managed by a case manager; and (D) any other best practices relating to case management that would improve the experience of care across the military health system. (5) A review of case management best practices in the private sector, including with respect to— (A) the intervals at which patients should be contacted; (B) the role of the case manager in coordination; (C) the approximate number of patients managed by a case manager; and (D) any other best practices relating to case management that would improve the experience of care across the military health system. (6) The results of discussions with covered beneficiaries (as defined in section 1072 of title 10, United States Code) at not less than four public forums held in different geographic areas, relating to the satisfaction of such covered beneficiaries with case management and outreach provided by the Defense Health Agency and the military departments in military medical treatment facilities. (b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the results of the study under subsection (a). (a) Report.—Not later than 180 days after the date on which the Comptroller General of the United States publishes a review of the National Biodefense Strategy, the Secretary of Defense shall submit to the appropriate congressional committees a report on the implementation of the Global Health Security Strategy and the National Biodefense Strategy. (b) Elements.—The report under subsection (a) shall, at a minimum— (1) designate the individual and offices responsible for overseeing the implementation of each strategy referred to in subsection (a) within the Department of Defense; (2) detail actions that the Department is taking to support implementation of the Global Health Security Agenda; (3) detail actions taken to coordinate the efforts of the Department with the other agencies responsible for the Global Health Security Strategy and National Biodefense Strategy; and (4) with respect to the review of the National Biodefense Strategy conducted by the Comptroller General— (A) detail the recommendations in the review that the Secretary plans on or is currently implementing; (B) specify the official implementing such recommendations and the actions the official is taking to implement the recommendations; (C) specify the recommendations in the review that the Secretary has determined not to implement; and (D) explain the rationale of the Secretary with respect to not implementing such recommendations. (c) Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees” means— (1) the congressional defense committees; (2) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives; and (3) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, and the Committee on Homeland Security and Governmental Affairs of the Senate. (a) Study.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall conduct a study on the feasibility of establishing a wounded warrior service dog program. (b) Elements.—The study under subsection (a) shall include the following: (1) An assessment of the need and feasibility of establishing a wounded warrior service dog program. (2) With respect to a nonprofit organization seeking a grant under a wounded warrior service dog program, an assessment of the feasibility of requiring that the organization— (A) specify the training requirements for covered members; (B) detail the training of dogs that will serve as assistance dogs; (i) to track whether a dog has prior experience as a military working dog, service dog, or assistance dog; and (ii) that contains a designation for each dog with prior experience as a military working dog; (D) describe the aftercare services that the organization will provide to assistance dogs and covered members; and (E) possess the appropriate accreditation standards for assistance dogs, as the Secretary determines appropriate. (3) A list of locations at which the greatest number of covered members are likely to participate in a wounded warrior service dog program. (4) An estimate of the costs required to create a wounded warrior service dog program. (5) A list of peer reviewed articles and other appropriate studies that examine the clinical effectiveness of assistance dogs with respect to the treatment of patients with disabilities. (c) Definitions.—In this section: (A) IN GENERAL.—The term “assistance dog” means a dog specifically trained to perform physical tasks to mitigate the effects of a disability described in subparagraph (B), except that the term does not include a dog specifically trained for comfort or personal defense. (B) DISABILITY DESCRIBED.—A disability described in this subparagraph is any of the following: (i) Blindness or visual impairment. (ii) Loss of limb, paralysis, or other significant mobility issues. (iii) Loss of hearing. (iv) Traumatic brain injury. (v) Post-traumatic stress disorder. (vi) Any other disability that the Secretary of Defense considers appropriate. (2) COVERED MEMBER.—The term “covered member” means a member of the Armed Forces who is— (A) receiving medical treatment, recuperation, or therapy under chapter 55 of title 10, United States Code; (B) in medical hold or medical holdover status; or (C) covered under section 1202 or 1205 of title 10, United States Code. (3) WOUNDED WARRIOR SERVICE DOG PROGRAM.—The term “wounded warrior service dog program” means a pilot program under which the Secretary of Defense awards competitive grants to non-profit organizations that would assist such organizations in the planning, designing, establishing, or operating (or any combination thereof) of programs to provide assistance dogs to covered members. SEC. 747. GAO report on Department of Defense quality assurance program and impacts of
medical malpractice actions. Not later than January 1, 2021, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the following: (1) An assessment of the effectiveness of the quality assurance program of the Department of Defense in querying and monitoring the National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.) with respect to— (A) recruitment and retention of military service medical providers; (B) hiring or contracting of civilian medical providers in military medical treatment facilities; (C) recording of adverse privileging and credentialing actions of such military service medical providers and civilian medical providers; and (D) any other matters relating to ensuring the highest quality of care is provided throughout the military health system. (2) An analysis that includes— (A) with respect to military health system patients, a comparison of outcomes for such patients who may bring an action against the Federal Government for negligence or malpractice and outcomes for such patients who may not bring such an action, based on an examination of all relevant data relating to clinical outcome measures and clinical quality management process actions; and (i) the elements and average amounts of death and disability compensation that apply regardless of the underlying cause of the death or disability; and (ii) the elements and average amounts of settlements that result from medical malpractice litigation against the Federal Government. (a) Annual reports required.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter through January 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on findings of the Millennium Cohort Study relating to the gynecological and perinatal health of women members of the Armed Forces. (b) Matters included.—Each report under subsection (a) shall include, at a minimum— (1) a summary of general findings of the Millennium Cohort Study pertaining to gynecological and perinatal health, including diseases, disorders, and conditions that affect the functioning of reproductive systems, maternal mortality and severe maternal morbidity, birth defects, developmental disorders, low birth weight, preterm birth, reduced fertility, menstrual disorders, and other health concerns; and (A) all research projects that have concluded during the year covered by the report and the outcomes of such projects; (B) areas in which the Millennium Cohort Study can increase efforts to capture data and produce studies in the field of gynecological and perinatal health of women members of the Armed Forces; and (C) activities underway to achieve such efforts. (c) Millennium Cohort Study defined.—In this section, the term “Millennium Cohort Study” means the longitudinal study authorized under section 743 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2074) to evaluate data on the health conditions of members of the Armed Forces upon the return of the members from deployment. (a) Study.—The Secretary of Defense shall conduct a study on the effects of sleep deprivation on the readiness of members of the Armed Forces. (b) Elements.—The study under subsection (a) shall include the following: (1) A standardized definition of sleep deprivation. (2) An assessment of the prevalence of sleep deprivation on members of the Armed Forces related to circadian rhythm disturbances from crossing multiple time zones, mission related maladaptive sleep practices, uncomfortable or otherwise inhospitable sleeping environments, and the use of stimulants and hypnotics to support operational tempo. (3) An assessment of whether there may be a relationship between sleep deprivation and medical conditions such as traumatic brain injury, post-traumatic stress disorder, and depression. (4) Recommendations on efforts to mitigate sleep deprivation described in paragraphs (2) and (3). (c) Report.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study under subsection (a). (a) Study.—The Secretary of Defense shall conduct a meta-analysis of evidence-based traumatic brain injury mitigation efforts by the Secretary and related Federal agency partners, and efforts discussed in academic literature, that have demonstrated the best clinical effectiveness in the treatment of members of the Armed Forces for traumatic brain injury. (b) Roadmap.—The Secretary shall develop and include in the study under subsection (a) a roadmap for implementation across the military health system of measures that address, with respect to the treatment of members for traumatic brain injury— (1) the process for receiving such treatment; (2) patient outcomes; (3) cost; (4) patient and command satisfaction with such treatment; and (5) structured documentation to monitor system-wide implementation of the measures developed pursuant to paragraphs (1) through (4). (c) Report.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study under subsection (a). Sec. 800. Authority for continuous integration and delivery of software applications and upgrades to embedded systems. Sec. 801. Pilot program on intellectual property evaluation for acquisition programs. Sec. 802. Pilot program to use alpha contracting teams for complex requirements. Sec. 803. Failure to provide other than certified cost or pricing data upon request. Sec. 804. Comptroller General report on price reasonableness. Sec. 805. Limitation on transfer of funds related to cost overruns and cost underruns. Sec. 806. Standardizing data collection and reporting on use of source selection procedures by Federal agencies. Sec. 807. Department of Defense use of fixed-price contracts. Sec. 808. Repeal of continuation of data rights during challenges. Sec. 809. Repeal of authority to waive acquisition laws to acquire vital national security capabilities. Sec. 810. Repeal of the Defense Cost Accounting Standards Board. Sec. 815. Modification of Director of Operational Test and Evaluation report. Sec. 816. Modification of written approval requirement for task and delivery order single contract awards. Sec. 817. Responsibility for data analysis and requirements validation for services contracts. Sec. 818. Documentation of market research related to commercial item determinations. Sec. 819. Availability of data on the use of other transaction authority and report on the use of authority to carry out prototype projects. Sec. 820. Notification of Navy procurement production disruptions. Sec. 821. Modification to acquisition authority of the Commander of the United States Cyber Command. Sec. 822. Extension of Never Contract With the Enemy. Sec. 823. Modification of justification and approval requirement for certain Department of Defense contracts. Sec. 824. Extension of sunset relating to Federal Data Center Consolidation Initiative. Sec. 825. Pilot program to accelerate contracting and pricing processes. Sec. 826. Uniformity in application of micro-purchase threshold to certain task or delivery orders. Sec. 827. Requirement for cost estimates on models of commercial e-commerce portal program. Sec. 830. Modification of requirements for reporting to Congress on certain acquisition programs. Sec. 831. Pilot program to streamline decision-making processes for weapon systems. Sec. 832. Analysis of alternatives pursuant to materiel development decisions. Sec. 833. Naval vessel certification required before Milestone B approval. Sec. 835. Extramural acquisition innovation and research activities. Sec. 836. Report on realignment of the defense acquisition system to implement acquisition reforms. Sec. 837. Report and limitation on the availability of funds relating to the “middle tier” of acquisition programs. Sec. 838. Report on intellectual property policy and the cadre of intellectual property experts. Sec. 839. Guidance and reports relating to covered defense business systems. Sec. 840. Implementation guidance for use of a modular open system approach. Sec. 841. Limitation on availability of funds for the Office of the Chief Management Officer of the Department of Defense. Sec. 845. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 846. Report requirements for the national technology and industrial base. Sec. 847. Mitigating risks related to foreign ownership, control, or influence of Department of Defense contractors or subcontractors. Sec. 848. Prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 849. Modification of prohibition on acquisition of sensitive materials from non-allied foreign nations. Sec. 850. Acquisition and disposal of certain rare earth materials. Sec. 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 852. Authorized official to carry out the procurement technical assistance cooperative agreement program. Sec. 853. Requirement that certain ship components be manufactured in the national technology and industrial base. Sec. 854. Addition of domestically produced stainless steel flatware and dinnerware to the Berry Amendment. Sec. 855. Application of miscellaneous technology base policies and programs to the Columbia-class submarine program. Sec. 856. Application of limitation on procurement of goods other than United States goods to the FFG–Frigate Program. Sec. 857. Sense of Congress regarding consideration of price in procurement of the FFG(X) frigate. Sec. 860. Establishment of Defense Civilian Training Corps. Sec. 861. Defense acquisition workforce certification, education, and career fields. Sec. 862. Software development and software acquisition training and management programs. Sec. 863. Modification of temporary assignments of Department of Defense employees to a private-sector organization. Sec. 864. Incentives and consideration for qualified training programs. Sec. 865. Use of qualified apprentices by military construction contractors. Sec. 870. Requirements relating to credit for certain small business concern subcontractors. Sec. 871. Inclusion of best in class designations in annual report on small business goals. Sec. 872. Reauthorization and improvement of Department of Defense Mentor-Protege Program. Sec. 873. Accelerated payments applicable to contracts with certain small business concerns under the Prompt Payment Act. Sec. 874. Postaward explanations for unsuccessful offerors for certain contracts. Sec. 875. Small business contracting credit for subcontractors that are Puerto Rico businesses or covered territory businesses. Sec. 876. Technical amendment regarding treatment of certain surviving spouses under the definition of small business concern owned and controlled by service-disabled veterans. Sec. 877. Extension of loan assistance and deferral eligibility to reservists and members of the National Guard beyond periods of military conflict. Sec. 878. Modification to the Defense Research and Development Rapid Innovation Program. Sec. 879. Alignment of the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program with the National Defense Science and Technology Strategy. Sec. 880. Assistance for small business concerns participating in the SBIR and STTR programs. Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs. Sec. 882. Funding for defense research activities of small business concerns. Sec. 883. Modifications to budget display requirements for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program. Sec. 884. Pilot program for domestic investment under the SBIR program. Sec. 885. Review of guidance to contractors on nondiscrimination on the basis of sex. Sec. 886. Comptroller General report on contractor violations of certain labor laws. Sec. 887. Comptroller General report on contingency contracting. Sec. 888. Policies and procedures for contractors to report gross violations of internationally recognized human rights. Sec. 889. Comptroller General report on oversight of contractors providing private security functions. Sec. 890. Prohibition on contracting with persons that have business operations with the Maduro regime. Sec. 891. Report on the Combating Trafficking in Persons initiative. Sec. 892. Improved management of information technology and cyberspace investments. Sec. 893. Modification to requirements for purchase of commercial leasing services pursuant to multiple award contracts. SEC. 800. Authority for continuous integration and delivery of software applications
and upgrades to embedded systems. (a) Software acquisition and development pathways.—The Secretary of Defense shall establish pathways as described under subsection (b) to provide for the efficient and effective acquisition, development, integration, and timely delivery of secure software. Such a pathway shall include the following: (1) USE OF PROVEN TECHNOLOGIES AND SOLUTIONS.—A pathway established under this section shall provide for the use of proven technologies and solutions to continuously engineer and deliver capabilities in software. (2) USE OF AUTHORITY.—In using the authority under this section, the Secretary shall consider how such use will— (A) initiate the engineering of new software capabilities quickly; (B) demonstrate the viability and effectiveness of such capabilities for operational use not later than one year after the date on which funds are first obligated to acquire or develop software; and (C) allow for the continuous updating and delivery of new capabilities not less frequently than annually to iteratively meet a requirement. (3) TREATMENT NOT AS MAJOR DEFENSE ACQUISITION PROGRAM.—Software acquired or developed using the authority under this section shall not be treated as a major defense acquisition program for purposes of section 2430 of title 10, United States Code, or Department of Defense Directive 5000.01 without the specific direction of the Under Secretary of Defense for Acquisition and Sustainment or a Senior Acquisition Executive. (4) RISK-BASED APPROACH.—The Secretary of Defense shall use a risk-based approach for the consideration of innovative technologies and new capabilities for software to be acquired or developed under this authority to meet needs communicated by the Joint Chiefs of Staff and the combatant commanders. (b) Pathways.—The Secretary of Defense may establish as many pathways as the Secretary determines appropriate and shall establish the following pathways: (1) APPLICATIONS.—The applications software acquisition pathway shall provide for the use of rapid development and implementation of applications and other software or software improvements operated by the Department of Defense, which may include applications running on commercial commodity hardware (including modified hardware) and commercially available cloud computing platforms. (2) EMBEDDED SYSTEMS.—The embedded systems software acquisition pathway shall provide for the rapid development and insertion of upgrades and improvements for software embedded in weapon systems and other military-unique hardware systems. (1) IN GENERAL.—A pathway established under subsection (a) shall provide for— (A) a streamlined and coordinated requirements, budget, and acquisition process to support rapid fielding of software applications and of software upgrades to embedded systems for operational use in a period of not more than one year from the time that the process is initiated; (B) the collection of data on software fielded; and (C) continuous engagement with the users of software to support engineering activities, and to support delivery of software for operational use in periods of not more than one year. (2) EXPEDITED SOFTWARE REQUIREMENTS PROCESS.— (A) INAPPLICABILITY OF JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM (JCIDS) MANUAL.—Software acquisition or development conducted under the authority of this section shall not be subject to the Joint Capabilities Integration and Development System Manual, except pursuant to a modified process specifically provided for the acquisition or development of software by the Vice Chairman of the Joint Chiefs of Staff, in consultation with Under Secretary of Defense for Acquisition and Sustainment and each service acquisition executive (as defined in section 101(a)(10) of title 10, United States Code). (B) INAPPLICABILITY OF DEFENSE ACQUISITION SYSTEM DIRECTIVE.—Software acquisition or development conducted under the authority of this section shall not be subject to Department of Defense Directive 5000.01, except when specifically provided for the acquisition or development of software by the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Vice Chairman of the Joint Chiefs of Staff and each service acquisition executive. (d) Elements.—In implementing a pathway established under the authority of this section, the Secretary shall tailor requirements relating to— (1) iterative development of requirements for software to be acquired or developed under the authority of this section through engagement with the user community and through the use of operational user feedback, in order to continuously define and update priorities for such requirements; (2) early identification of the warfighter or user need, including the rationale for how software capabilities will support increased lethality and efficiency, and identification of a relevant user community; (3) initial contract requirements and format, including the use of summary-level lists of problems and shortcomings in existing software and desired features or capabilities of new or upgraded software; (4) continuous refinement and prioritization of contract requirements through use of evolutionary processes, informed by continuous engagement with operational users throughout the development and implementation period; (5) continuous consideration of issues related to lifecycle costs, technical data rights, and systems interoperability; (6) planning for support of software capabilities in cases where the software developer may stop supporting the software; (7) rapid contracting procedures, including expedited timeframes for making awards, selecting contract types, defining teaming arrangements, and defining options; (8) program execution processes, including supporting development and test infrastructure, automation and tools, digital engineering, data collection and sharing with Department of Defense oversight organizations and with Congress, the role of developmental and operational testing activities, key decision making and oversight events, and supporting processes and activities (such as independent costing activity, operational demonstration, and performance metrics); (9) assurances that cybersecurity metrics of the software to be acquired or developed, such as metrics relating to the density of vulnerabilities within the code of such software, the time from vulnerability identification to patch availability, the existence of common weaknesses within such code, and other cybersecurity metrics based on widely-recognized standards and industry best practices, are generated and made available to the Department of Defense and the congressional defense committees; (10) administrative procedures, including procedures related to who may initiate and approve an acquisition under this authority, the roles and responsibilities of the implementing project or product teams and supporting activities, team selection and staffing process, governance and oversight roles and responsibilities, and appropriate independent technology assessments, testing, and cost estimation (including relevant thresholds or designation criteria); (11) mechanisms and waivers designed to ensure flexibility in the implementation of a pathway under this section, including the use of other transaction authority, broad agency announcements, and other procedures; and (12) mechanisms the Secretary will use for appropriate reporting to Congress on the use of this authority, including notice of initiation of the use of a pathway and data regarding individual programs or acquisition activities, how acquisition activities are reflected in budget justification materials or requests to reprogram appropriated funds, and compliance with other reporting requirements. (1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue initial guidance to implement the requirements of this section. (2) LIMITATION.—If the Secretary of Defense has not issued final guidance to implement the requirements of this section before October 1, 2021, the Secretary may not use the authority under this section— (A) to establish a new pathway to acquire or develop software; or (B) to continue activities to acquire or develop software using a pathway established under initial guidance described in paragraph (1). (1) IN GENERAL.—Not later than October 15, 2020, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the secretaries of the military departments and other appropriate officials, shall report on the use of the authority under this section using the initial guidance issued under subsection (d). (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) The final guidance required by subsection (d)(2), including a description of the treatment of use of the authority that was initiated before such final guidance was issued. (B) A summary of how the authority under this section has been used, including a list of the cost estimate, schedule for development, testing and delivery, and key management risks for each initiative conducted pursuant to such authority. (C) Accomplishments from and challenges to using the authority under this section, including organizational, cultural, talent, infrastructure, testing, and training considerations. (D) Recommendations for legislative changes to the authority under this section. (E) Recommendations for regulatory changes to the authority under this section to promote effective development and deployment of software acquired or developed under this section. (a) Pilot program.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretaries of the military departments may jointly carry out a pilot program to assess mechanisms to evaluate intellectual property (such as technical data deliverables and associated license rights), including commercially available intellectual property valuation analysis and techniques, in acquisition programs for which each such Secretary is responsible to better understand the benefits associated with these mechanisms on— (1) the development of cost-effective intellectual property strategies; (2) the assessment and management of the value and acquisition costs of intellectual property during acquisition and sustainment activities (including source selection evaluation factors) throughout the acquisition lifecycle for any acquisition program selected by such Secretary; and (3) the use of a commercial product (as defined in section 103 of title 41, United States Code, as in effect on January 1, 2020), commercial service (as defined in section 103a of title 41, United States Code, as in effect on January 1, 2020), or nondevelopmental item (as defined in section 110 of title 41, United States Code) as an alternative to a product or service to be specifically developed for a selected acquisition program, including evaluation of the benefits of reduced risk regarding cost, schedule, and performance associated with commercial products, commercial services, and nondevelopmental items. (b) Activities.—Activities carried out under the pilot program may include the following: (1) Establishment of a team of Department of Defense and private sector subject matter experts (which may include the cadre of intellectual property experts established under section 2322(b) of title 10, United States Code) to— (A) recommend acquisition programs to be selected for the pilot program established under subsection (a); (B) recommend criteria for the consideration of types of commercial products, commercial services, or nondevelopmental items that can used as an alternative to a product or service to be specifically developed for a selected acquisition program; or (C) identify, to the maximum extent practicable at each milestone established for each selected acquisition program, intellectual property evaluation techniques to obtain quantitative and qualitative analysis of intellectual property during the procurement, production and deployment, and operations and support phases for the each selected acquisition program. (2) Assessment of commercial valuation techniques for intellectual property for use by the Department of Defense. (3) Assessment of the feasibility of agency-level oversight to standardize intellectual property evaluation practices and procedures. (4) Assessment of contracting mechanisms to speed delivery of intellectual property to the Armed Forces or reduce sustainment costs. (5) Assessment of agency acquisition planning to ensure procurement of appropriate intellectual property deliverables and intellectual property rights necessary for Government-planned sustainment activities. (6) Engagement with the private sector to— (A) support the development of strategies and program requirements to aid in acquisition planning for intellectual property; (B) support the development and improvement of intellectual property strategies as part of life-cycle sustainment plans; and (C) propose and implement alternative and innovative methods of intellectual property valuation, prioritization, and evaluation techniques for intellectual property. (7) Recommendations to the relevant program manager of an acquisition program selected under subsection (a), including evaluation techniques and contracting mechanisms for acquisition and sustainment activities. (c) Report.—Not later than November 1, 2020, and annually thereafter through November 1, 2023, the Secretary of Defense, in coordination with the Secretaries concerned, shall submit to the congressional defense committees a joint report on the pilot program conducted under this section. The report shall, at a minimum, include— (1) a description of the acquisition programs selected by the Secretary concerned; (2) a description of the specific activities in subsection (c) that were performed under each program; (3) an assessment of the effectiveness of the activities; (4) an assessment of improvements to acquisition or sustainment activities related to the pilot program; and (5) an assessment of the results related to the pilot program, including any cost savings and improvement to mission success during the operations and support phase of the selected acquisition program. (a) In general.— (1) The Secretary of Defense shall select at least 2, and up to 5, initiatives to participate in a pilot to use teams that, with the advice of expert third parties, focus on the development of complex contract technical requirements for services, with each team focusing on developing achievable technical requirements that are appropriately valued and identifying the most effective acquisition strategy to achieve those requirements. (2) The Secretary shall develop metrics for tracking progress of the program at improving quality and acquisition cycle time. (b) Development of criteria and initiatives.— (1) Not later than February 1, 2020, the Secretary of Defense shall establish the pilot program and notify the congressional defense committees of the criteria used to select initiatives and the metrics used to track progress. (2) Not later than May 1, 2020, the Secretary shall notify the congressional defense committees of the initiatives selected for the program. (3) Not later than December 1, 2020, the Secretary shall brief the congressional defense committees on the progress of the selected initiatives, including the progress of the initiatives at improving quality and acquisition cycle time according to the metrics developed under subsection (a)(2). Section 2306a(d) of title 10, United States Code, is amended— (1) in paragraph (1), by adding at the end the following: “Contracting officers shall not determine the price of a contract or subcontract to be fair and reasonable based solely on historical prices paid by the Government.”; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: “(2) INELIGIBILITY FOR AWARD.— (A) In the event the contracting officer is unable to determine proposed prices are fair and reasonable by any other means, an offeror who fails to make a good faith effort to comply with a reasonable request to submit data in accordance with paragraph (1) is ineligible for award unless the head of the contracting activity, or the designee of the head of contracting activity, determines that it is in the best interest of the Government to make the award to that offeror, based on consideration of pertinent factors, including the following: “(i) The effort to obtain the data. “(ii) Availability of other sources of supply of the item or service. “(iii) The urgency or criticality of the Government’s need for the item or service. “(iv) Reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract based on information available to the contracting officer. “(v) Rationale or justification made by the offeror for not providing the requested data. “(vi) Risk to the Government if award is not made. “(B) (i) Any new determination made by the head of the contracting activity under subparagraph (A) shall be reported to the Principal Director, Defense Pricing and Contracting on a quarterly basis. “(ii) The Under Secretary of Defense for Acquisition and Sustainment, or a designee, shall produce an annual report identifying offerors that have denied multiple requests for submission of uncertified cost or pricing data over the preceding three-year period, but nevertheless received an award. The report shall identify products or services offered by such offerors that should undergo should-cost analysis. The Secretary of Defense may include a notation on such offerors in the system used by the Federal Government to monitor or record contractor past performance. The Under Secretary shall assess the extent to which these offerors are sole source providers within the defense industrial base and shall develop strategies to incentivize new entrants into the industrial base to increase the availability of other sources of supply for the product or service.”. Not later than March 31, 2021, the Comptroller General of the United States shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the efforts of the Secretary of Defense to secure data relating to the price reasonableness of offers from offerors. The report shall include a review of— (1) the number of, and justification for, any waiver of requirements for submission of certified cost or pricing data for sole source contracts for spare parts issued during fiscal years 2015 through 2019 pursuant to section 2306a(b)(1)(C) of title 10, United States Code; (2) the number of, and justification for, any exception to the requirements for submission of certified cost or pricing data for sole source contracts for spare parts provided during fiscal years 2015 through 2019 pursuant to section 2306a(b)(1)(B) of title 10, United States Code; (3) the number of contracts awarded for which a request for cost or pricing data, including data other than certified cost or pricing data, to determine price reasonableness was denied by an offeror at the time of award; (4) actions taken by the Secretary if an offeror refused to provide requested data described in paragraph (2), including— (A) whether the contracting officer included a notation in the system used by the Federal Government to monitor or record contractor past performance regarding the refusal of an offeror to provide such data; (B) any strategies developed by the Secretary to acquire the good that was the subject of a contract for which the offeror refused to provide such data in the future without the need for such a waiver. (a) In general.—Section 828(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note) is amended by striking “For each of fiscal years 2018 through 2022” and inserting “For fiscal years 2018 and 2019”. (b) Technical amendment.—Section 825 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1466; 10 U.S.C. 2430 note) is amended— (1) by repealing subsection (b); and (2) by striking “(a) In general.—”. SEC. 806. Standardizing data collection and reporting on use of source selection
procedures by Federal agencies. (a) Repeal of Government Accountability Office reporting requirements on use of lowest price technically acceptable source selection criteria.— (1) DEPARTMENT OF DEFENSE.—Section 813 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is amended by striking subsection (d). (2) OTHER AGENCIES.—Section 880 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1910; 41 U.S.C. 3701 note) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). (b) Revision to the Federal procurement data system.—Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services, in coordination with the Administrator for Federal Procurement Policy, shall direct appropriate revisions to the Federal procurement data system established pursuant to section 1122(a)(4) of title 41, United States Code (or any successor system), to facilitate the collection of complete, timely, and reliable data on the source selection processes used by Federal agencies for the contract actions being reported in the system. The Administrator of General Services shall ensure that data are collected— (1) at a minimum, on the usage of the lowest price technically acceptable contracting methods and best value contracting methods process; and (2) on all applicable contracting actions, including task orders or delivery orders issued under indefinite delivery-indefinite quantity contracts. (a) Department of Defense review.— (1) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall review how the Department of Defense informs decisions to use fixed-price contracts to support broader acquisition objectives to ensure that such decisions are made strategically and consistently. The review should include decisions on the use of the various types of fixed price contracts, including fixed-price incentive contracts. (2) BRIEFING.—Not later than February 1, 2020, the Under Secretary shall brief the congressional defense committees on the findings of the review required under paragraph (1). (b) Comptroller General report.— (1) IN GENERAL.—Not later than February 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees a report on the Department of Defense's use of fixed-price contracts, including different types of fixed-price contracts. (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) A description of the extent to which fixed-price contracts have been used over time and the conditions in which they are used. (B) An assessment of the effects of the decisions to use fixed-price contract types, such as any additional costs or savings or efficiencies in contract administration. (C) An assessment of how decisions to use various types of fixed-price contracts affects the contract closeout process. (c) Delayed implementation of regulations requiring the use of fixed-Price contracts for foreign military sales.—The regulations prescribed pursuant to section 830(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2762 note) shall not take effect until December 31, 2020. The regulations as so prescribed shall take into account the findings of the review conducted under subsection (a)(1). (a) Repeal.—Section 866 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1901; 10 U.S.C. 2321) is repealed. (b) Restoration of amended provision.—Subsection (i) of section 2321 of title 10, United States Code, is amended to read as follows: “(i) Rights and liability upon final disposition.— (1) If, upon final disposition, the contracting officer's challenge to the use or release restriction is sustained— “(A) the restriction shall be cancelled; and “(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust. “(2) If, upon final disposition, the contracting officer's challenge to the use or release restriction is not sustained— “(A) the United States shall continue to be bound by the restriction; and “(B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith.”. SEC. 809. Repeal of authority to waive acquisition laws to acquire vital national
security capabilities. Section 806 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) is repealed. (a) Repeal.—Section 190 of title 10, United States Code, is repealed. (b) Clerical amendment.—The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 190. Section 139(h) of title 10, United States Code, is amended— (1) in paragraph (2), by striking “, through January 31, 2021” and inserting “, through January 31, 2025”; and (2) by amending paragraph (5) to read as follows: “(5) The Director shall solicit comments from the Secretaries of the military departments on each report of the Director to Congress under this section and include any comments as an appendix to the Director's report. The Director shall determine the amount of time available for the Secretaries to comment on the draft report on a case by case basis, and consider the extent to which substantive discussions have already been held between the Director and the military department. The Director shall reserve the right to issue the report without comment from a military department if the department's comments are not received within the time provided, and shall indicate any such omission in the report.”. SEC. 816. Modification of written approval
requirement for task and delivery order single contract
awards. Section 2304a(d)(3) of title 10, United States Code, is amended— (1) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively; (3) by striking “No task or delivery order contract” and inserting “(A) Except as provided under subparagraph (B), no task or delivery order contract”; and (4) by adding at the end the following new subparagraph: “(B) A task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source without the written determination otherwise required under subparagraph (A) if the head of the agency has made a written determination pursuant to section 2304(c) of this title that procedures other than competitive procedures may be used for the awarding of such contract.”. (a) In general.—Section 2329 of title 10, United States Code, is amended— (1) in subsection (a), by inserting “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense”; (2) in subsection (b), in the matter preceding paragraph (1), by inserting “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense”; and (3) in subsection (c)(2)(A), by inserting “, acting through the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation,” after “Secretary of Defense”. (b) Conforming amendment.—Section 818(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1852) is amended by striking “the Under Secretary of Defense for Acquisition and Sustainment” and inserting “the Under Secretary of Defense (Comptroller) and Director of Cost Assessment and Program Evaluation”. (a) Department of Defense procurements.— (1) IN GENERAL.—Section 2377(c) of title 10, United States Code, is amended— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: “(4) The head of an agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.”. (2) CONFORMING AMENDMENT RELATED TO PROSPECTIVE AMENDMENT.—Section 836(d)(3)(C)(ii) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “in paragraph (4)” and inserting “in paragraph (5)”. (b) Civilian agency procurements.—Section 3307(d) of title 41, United States Code, is amended by adding at the end the following new paragraph: “(4) DOCUMENTATION.—The head of the agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.”. SEC. 819. Availability of data on the use of other transaction authority and report on
the use of authority to carry out prototype projects. Section 873 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1905; 10 U.S.C. 2371 note) is amended— (A) by striking the period at the end and inserting “; and”; (B) by striking “shall analyze” and inserting the following: “shall— “(1) analyze”; and (C) by adding at the end the following new paragraph: “(2) make the data collected under subsection (a) accessible to any official designated by the Secretary of Defense for inclusion by such official in relevant reports made by such official.”; and (2) by amending subsection (c) to read as follows: “(1) IN GENERAL.—Not later than December 31, 2019, and annually thereafter through December 31, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the use of other transaction authority to carry out prototype projects during the preceding fiscal year. Each report shall summarize the data collected under subsection (a) on the nature and extent of each such use of the authority, including a description— “(A) of the participants to an agreement entered into pursuant to the authority of subsection (a) of section 2371b of title 10, United States Code, or a follow-on contract or transaction entered into pursuant to the authority of subsection (f) of such section; “(B) of the quantity of prototype projects to be produced pursuant to such an agreement, follow-on contract, or transaction; “(C) of the amount of payments made pursuant to each such agreement, follow-on contract, or transaction; “(D) of the purpose, description, and status of prototype projects carried out pursuant to each such agreement, follow-on contract, or transaction; and “(E) including case examples, of the successes and challenges with using the authority of such subsection (a) or (f). “(2) FORM OF REPORT.—A report required under this subsection shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.”. (a) In general.—Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2339b. Notification of Navy procurement production disruptions “(a) Requirement for contractor To provide notice of delays.—The Secretary of the Navy shall require prime contractors of any Navy procurement program funded under either the Shipbuilding and Conversion, Navy account or the Other Procurement, Navy account to report within 15 calendar days any stop work order or other manufacturing disruption of 15 calendar days or more, by the prime contractor or any subcontractor, to the respective program manager and Navy technical authority. “(b) Quarterly reports.—The Secretary of the Navy shall submit to the congressional defense committees not later than 15 calendar days after the end of each quarter of a fiscal year a report listing all notifications made pursuant to subsection (a) during the preceding quarter.”. (b) Clerical amendment.—The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2339a the following new item:
SEC. 821. Modification to acquisition authority of the Commander of the United States
Cyber Command. Section 807 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2224 note) is amended by inserting “on new contract efforts” after “may not obligate or expend more than $75,000,000”. Section 841(n) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2302 note) is amended by striking “December 31, 2021” and inserting “December 31, 2023”. SEC. 823. Modification of justification and approval requirement for certain
Department of Defense contracts. (a) Modification of justification and approval requirement.—Notwithstanding section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2405)— (1) no justification and approval is required under such section for a sole-source contract awarded by the Department of Defense in a covered procurement for an amount not exceeding $100,000,000; and (2) for purposes of subsections (a)(2) and (c)(3)(A) of such section, the appropriate official designated to approve the justification for a sole-source contract awarded by the Department of Defense in a covered procurement exceeding $100,000,000 is the official designated in section 2304(f)(1)(B)(ii) of title 10, United States Code. (b) Guidance.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to implement the authority under subsection (a). (c) Comptroller General review.— (1) DATA TRACKING AND COLLECTION.—The Department of Defense shall track the use of the authority as modified by subsection (a) and make the data available to the Comptroller General for purposes of the report required under paragraph (2). (2) REPORT.—Not later than March 1, 2022, the Comptroller General of the United States shall submit a report to the congressional defense committees on the use of the authority as modified by subsection (a) through the end of fiscal year 2021. The report shall include— (A) a review of the financial effect of the change to the justification and approval requirement in subsection (a) on the native corporations and businesses and associated native communities; (B) a description of the nature and extent of contracts excluded from the justification and approval requirement by subsection (a); and (C) other matters the Comptroller General deems appropriate. Subsection (e) of section 834 of the National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note) is amended by striking “2020” and inserting “2022”. Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1919; 10 U.S.C. 2306a note) is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (3) in subsection (b), as redesignated by paragraph (2), by striking “and an assessment of whether the program should be continued or expanded”; and (4) in subsection (c), as so redesignated, by striking “January 2, 2021” and inserting “January 2, 2023”. Section 4106(c) of title 41, United States Code, is amended by striking “$2,500” and inserting “the micro-purchase threshold under section 1902 of this title”. (a) In general.—In implementing section 846 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note), the Administrator of General Services shall submit to the appropriate congressional committees, not later than one year after the first contract is awarded pursuant to such section, a cost estimate for the three models for commercial e-commerce portals identified in section 4.1 of “Procurement Through Commercial E-Commerce Portals Phase II Report: Market Research & Consultation” issued by the Administrator in April 2019. (b) Appropriate congressional committees defined.—The term “appropriate congressional committees” means the following: (1) The Committees on Armed Services of the Senate and House of Representatives. (2) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (3) The Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives. (a) Modification of report to Congress.—Section 2432 of title 10, United States Code, is amended— (1) in subsection (b)(1), by adding after “major defense acquisition programs” the following: “and any program that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $300,000,000 (based on fiscal year 1990 constant dollars) or an eventual total expenditure for procurement, including all planned increments or spirals, of more than $1,800,000,000 (based on fiscal year 1990 constant dollars)”; and (2) by adding at the end the following new subsections: “(i) Form of report.—A Selected Acquisition Report required under this section shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex. “(j) Termination.—The requirements under this section shall terminate after the final submission covering fiscal year 2021.”. (b) Proposal for reports on acquisition programs and activities.—Not later than October 15, 2020, the Secretary of Defense shall submit to the congressional defense committees a proposal for an alternative methodology for reporting on all acquisition programs that includes— (1) conforming changes from the most recent update of Department of Defense Directive 5000.01 (The Defense Acquisition System) and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System); (2) the reporting requirements relating to Selected Acquisition Reports under section 2432 of title 10, United States Code; (3) the reporting requirements relating to unit costs under section 2433 of such title; and (4) the reporting requirements for acquisition programs that use alternative acquisition pathways or tailored acquisition procedures. (a) Candidate acquisition programs.—Not later than February 1, 2020, each Service Acquisition Executive shall recommend to the Secretary of Defense at least one major defense acquisition program for a pilot program to include tailored measures to streamline the entire milestone decision process, with the results evaluated and reported for potential wider use. (b) Elements.—Each pilot program selected pursuant to subsection (a) shall include the following elements: (1) Delineating the appropriate information needed to support milestone decisions, assuring program accountability and oversight, which should be based on the business case principles needed for well-informed milestone decisions, including user-defined requirements, reasonable acquisition and life-cycle cost estimates, and a knowledge-based acquisition plan for maturing technologies, stabilizing the program design, and ensuring key manufacturing processes are in control. (2) Developing an efficient process for providing this information to the milestone decision authority by— (A) minimizing any reviews between the program office and the different functional staff offices within each chain of command level; and (B) establishing frequent, regular interaction between the program office and milestone decision makers, in lieu of documentation reviews, to help expedite the process. (a) Timeline.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update existing guidance for analyses of alternatives conducted pursuant to a materiel development decision for a major defense acquisition program to incorporate the following: (1) Study completion within nine months. (2) Study guidance issued by the Director, Cost Assessment and Program Evaluation of a scope designed to provide for reasonable completion of the study within the nine-month period. (3) Procedures for waiver of the timeline requirements of this subsection on a case-by-case basis if— (A) the subject of the analysis is of extreme technical complexity; (B) collection of additional intelligence is required to inform the analysis; (C) insufficient technical expertise is available to complete the analysis; or (D) the Secretary determines that there other sufficient reasons for delay of the analysis. (b) Reporting.—If an analysis of alternatives cannot be completed within the allotted time, or a waiver is used, the Secretary shall report to the congressional defense committees the following information: (1) For a waiver, the basis for use of the waivers, including the reasons why the study cannot be completed within the allotted time. (2) For a study estimated to take more than nine months— (A) an estimate of when the analysis will be completed; (B) an estimate of any additional costs to complete the analysis; and (C) other relevant information pertaining to the analysis and its completion. (c) Report on analyses of alternatives.— (A) IN GENERAL.—The Under Secretary of Defense for Acquisition and Sustainment shall engage with an independent entity, including under the Program for Acquisition Innovation Research, to assess the conduct of analyses of alternatives. (B) ELEMENTS.—The assessment required under subparagraph (A) shall— (i) assess the time required to complete analyses of alternatives within the Department of Defense completed over the last five fiscal years, as compared with best practices; (ii) provide recommendations and policy options to improve analyses of alternatives; and (iii) discuss any other matters as identified by the Under Secretary. (C) ACCESS TO DATA.—The Under Secretary shall ensure that the independent entity is provided access to the data, information, and resources necessary to complete the required analyses and assessment. (2) REPORT.—Not later than one year after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a report including the assessment required under paragraph (1) and a review and assessment by the Under Secretary of the findings made in the assessment. Section 2366b(a) of title 10, United States Code, is amended— (1) in paragraph (3)(O), by striking “; and” and inserting a semicolon; (2) in paragraph (4), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(5) in the case of a naval vessel program, certifies compliance with the requirements of section 8669b of this title.”. (a) Extramural acquisition innovation and research activities.— (1) IN GENERAL.—Chapter 139 of title 10, United States Code, is amended by inserting after section 2361 the following new section: “§ 2361a. Extramural acquisition innovation and research activities “(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with the Under Secretary of Defense for Research and Engineering, shall establish and maintain extramural acquisition innovation and research activities as described in subsection (d), which shall include an acquisition research organization within a civilian college or university that is not owned or operated by the Federal Government that is established to provide and maintain essential research and development capabilities through a long-term strategic relationship with the Department of Defense. “(b) Goals.—The goal of any activity conducted pursuant to this section shall be to provide academic analyses and policy alternatives for innovation in defense acquisition policies and practices to policymakers in the Federal Government by using a variety of means intended to widely disseminate research findings from such an activity, in addition to executing demonstration and pilot programs of innovative acquisition policies and practices. “(1) APPOINTMENT.—Not later than June 1, 2020, the Secretary of Defense shall appoint an individual from civilian life to serve as the director for the extramural acquisition innovation and research activities required by this section (referred to in this section as the ‘Director’). “(2) TERM.—The Director shall serve a term of five years. “(d) Activities.—The activities described in this subsection are as follows: “(1) Research on past and current defense acquisition policies and practices, commercial and international best practices, and the application of new technologies and analytical capabilities to improve acquisition policies and practices. “(2) Pilot programs to prototype and demonstrate new acquisition practices for potential transition to wider use in the Department of Defense. “(3) Establishment of data repositories and development of analytical capabilities, in coordination with the Chief Data Officer of the Department of Defense, to enable researchers and acquisition professionals to access and analyze historical data sets to support research and new policy and practice development. “(A) support acquisition workforce development, including for early career, mid-career, and senior leaders; and “(B) provide appropriate education on acquisition issues to non-acquisition professionals. “(5) On an ongoing basis, a review of the implementation of recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices, including— “(A) for recommendations for the enactment of legislation, identify the extent to which the recommendations have been enacted into law by Congress; “(B) for recommendations for the issuance of regulations, identify the extent to which the recommendations have been adopted through the issuance or revision of regulations; “(C) for recommendations for revisions to policies and procedures in the executive branch, identify the extent to which the recommendations have been adopted through issuance of an appropriate implementing directive or other form of guidance; and “(D) for recommendations for the resources required to implement recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices. “(6) Engagement with researchers and acquisition professionals in the Department of Defense, as appropriate. “(e) Funding.—Subject to the availability of appropriations, the Secretary may use amounts available in the Defense Acquisition Workforce and Development Account to carry out the requirements of this section. “(f) Annual report.—Not later than September 30, 2021, and annually thereafter, the Director shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the previous year.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2361 the following new item:
(A) DEADLINE.—Not later than March 1, 2020, the Secretary of Defense shall establish the extramural acquisition innovation and research activities required by section 2361a of title 10, United States Code (as added by this subsection). (i) IN GENERAL.—Not later than January 1, 2021, the Director of the extramural acquisition innovation and research activities appointed under such section shall submit to the Secretary of Defense a report setting forth a plan, proposed budget, and schedule for execution of such activities. (ii) TRANSMITTAL.—Not later than February 1, 2021, the Secretary of Defense shall transmit the report required under clause (i), together with whatever comments the Secretary considers appropriate, to the Committees on Armed Services of the Senate and the House of Representatives. (b) Records of the Section 809 Panel.— (1) TRANSFER AND MAINTENANCE OF RECORDS.—Not later than March 1, 2020, the records of the Section 809 Panel shall be transferred to, and shall be maintained by, the Defense Technical Information Center. (2) STATUS OF RECORDS.—Working papers, records of interview, and any other draft work products generated for any purpose by the Section 809 Panel shall be covered by the deliberative process privilege exemption under paragraph (5) of section 552(b) of title 5, United States Code. (3) AVAILABILITY.—To the maximum extent practicable, the Secretary shall make the records available to support activities conducted by the research organization described under section 2361a of title 10, United States Code (as added by subsection (a)). (4) SECTION 809 PANEL DEFINED.—In this subsection, the term “Section 809 Panel” means the panel established by the Secretary of Defense pursuant to section 809 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92). The Secretary of Defense shall include with the budget for fiscal year 2021, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, a report on the progress of implementing acquisition reform initiatives that have been enacted into law through Department of Defense regulations, Directives, Instructions, or other guidance. Such report shall include a description of— (1) how the Secretary will identify, quantify, assess, and manage acquisition program risks; (2) what changes have been made to systems for collecting and sharing data on acquisition programs, including how access to acquisition program data is managed; and (3) updates to, or the implementation of, procedures for tailoring acquisition methods, including alternative acquisition pathways such as— (A) the use of the “middle tier” of acquisition programs described under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note); (B) the alternative acquisition pathways established under section 805 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note); (C) a software acquisition pathway described under section 800 of this Act; and (D) the use of procedures to respond to urgent operational needs. SEC. 837. Report and limitation on the availability of funds relating to the “middle tier” of acquisition programs. (a) Report.—Not later than December 15, 2019, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes the guidance required under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note). The Under Secretary of Defense for Acquisition and Sustainment shall ensure such guidance includes the business case elements required by an acquisition program established pursuant to such guidance and the metrics required to assess the performance of such a program. (1) IN GENERAL.—Beginning on December 15, 2019, if the Under Secretary of Defense for Acquisition and Sustainment has not submitted the report required under subsection (a), not more than 75 percent of the funds specified in paragraph (2) may be obligated or expended until the date on which the report required under subsection (a) has been submitted. (2) FUNDS SPECIFIED.—The funds specified in this paragraph are the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense that remain unobligated as of December 15, 2019, for the following: (A) The execution of any acquisition program established pursuant to the guidance required under such section 804(a). (B) The operations of the Office of the Under Secretary of Defense for Research & Engineering. (C) The operations of the Office of the Under Secretary of Defense for Acquisition & Sustainment. (D) The operations of the Office of the Director of Cost Analysis and Program Evaluation. (E) The operations of the offices of the service acquisition executives of the military departments. (a) In general.—Section 802 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1450) is amended by adding at the end the following new subsection: “(c) Report.—Not later than December 15, 2019, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes— “(1) the policy required in subsection (a) of section 2322 of title 10, United States Code; “(2) an identification of each member of the cadre of intellectual property experts required in subsection (b) of such section and the office to which such member belongs; “(3) a description of the leadership structure and the office that will manage the cadre of intellectual property experts; and “(4) a description of the specific activities performed, and programs and efforts supported, by the cadre of intellectual property experts during the 12-month period preceding the date of the report.”. (1) IN GENERAL.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for any of the offices described in paragraph (2) until the date on which the Secretary of Defense submits the report required under subsection (c) of section 802 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1450), as added by this section. (2) OFFICES DESCRIBED.—The offices described in this paragraph are as follows: (A) The Office of the Under Secretary of Defense for Acquisition and Sustainment. (B) The Office of the Assistant Secretary of the Army for Acquisition, Logistics, and Technology. (C) The Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition. (D) The Office of the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics. (a) Amendments to guidance for covered defense business systems.—Section 2222(d) of title 10, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking “subsection (c)(1)” and inserting “subsection (c)”; and (2) by adding at the end the following new paragraphs: “(7) Policy to ensure a covered defense business system is in compliance with the Department’s auditability requirements. “(8) Policy to ensure approvals required for the development of a covered defense business system.”. (1) GUIDANCE.—The Secretary of Defense shall submit to the congressional defense committees a report— (A) not later than December 31, 2019, that includes the guidance required under paragraph (1) of section 2222(c) of title 10, United States Code; and (B) not later than March 31, 2020, that includes the guidance required under paragraph (2) of such section. (2) INFORMATION TECHNOLOGY AND DEFENSE BUSINESS ENTERPRISE ARCHITECTURE.—Not later than February 1, 2020, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees a notification that the information technology enterprise architecture required under subparagraph (B) of section 2222(e)(4) of title 10, United States Code— (A) has been established, including a schedule for implementing the plan required under such subparagraph (B) and a schedule for integrating the defense business enterprise architecture into the information technology enterprise architecture (as required under subparagraph (A) of such section); or (B) has not been established, and include a schedule for— (i) establishing such architecture; (ii) implementing the plan required under such subparagraph (B); and (iii) integrating the defense business enterprise architecture into the information technology enterprise architecture (as required under subparagraph (A) of such section). (a) Guidance for program capabilities development and acquisition weapon system design.—Section 2446b of title 10, United States Code, is amended by adding at the end the following new subsection: “(f) Implementation guidance.—The Secretaries of the military departments shall issue guidance to implement the requirements of this section.”. (b) Guidance for major system interfaces.—Section 2446c of title 10, United States Code, is amended— (1) in paragraph (4), by striking “and” at the end; (2) in paragraph (5), by striking the period at the end and adding “; and”; and (3) by adding at the end the following new paragraph: “(6) issue guidance to implement the requirements of this section.”. SEC. 841. Limitation on availability of funds for the Office of the Chief Management
Officer of the Department of Defense. Of the funds authorized to be appropriated or otherwise made available for fiscal year 2020 for the Department of Defense, not more than 75 percent may be obligated or expended for the Office of the Chief Management Officer until the date on which the Chief Management Officer submits to the congressional defense committees— (1) the certification of cost savings described in subparagraph (A) of section 921(b)(5) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2222 note); or (2) the notice and justification described in subparagraph (B) of such section. (a) In general.—Subchapter II of chapter 148 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2509. Modernization of acquisition processes to ensure integrity of industrial base “(a) Digitization and modernization.—The Secretary of Defense shall streamline and digitize the existing Department of Defense approach for identifying and mitigating risks to the defense industrial base across the acquisition process, creating a continuous model that uses digital tools, technologies, and approaches designed to ensure the accessibility of data to key decision-makers in the Department. “(b) Analytical framework.— (1) The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Counterintelligence and Security Agency and the heads of other elements of the Department of Defense as appropriate, shall develop an analytical framework for risk mitigation across the acquisition process. “(2) The analytical framework required under paragraph (1) shall include the following elements: “(A) Characterization and monitoring of supply chain risks, including— “(i) material sources and fragility, including the extent to which sources, items, materials, and articles are mined, produced, or manufactured within or outside the United States; “(ii) telecommunications services or equipment (other than optical transmission components); “(iii) counterfeit parts; “(iv) cybersecurity of contractors; “(v) video surveillance services or equipment; “(vi) vendor vetting in contingency or operational environments; “(vii) other electronic or information technology products and services; and “(viii) other risk areas as determined appropriate. “(B) Characterization and monitoring of risks posed by contractor behavior that constitute violations of laws or regulations, including those relating to— “(i) fraud; “(ii) ownership structures; “(iii) trafficking in persons; “(iv) workers’ health and safety; “(v) affiliation with the enemy; “(vi) foreign influence; and “(vii) other risk areas as deemed appropriate. “(C) Characterization and assessment of the acquisition processes and procedures of the Department of Defense, including— “(i) market research; “(ii) responsibility determinations, including consideration of the need for special standards of responsibility to address the risks described in subparagraphs (A) and (B); “(iii) facilities clearances; “(iv) the development of contract requirements; “(v) the technical evaluation of offers and contract awards; “(vi) contractor mobilization, including hiring, training, and establishing facilities; “(vii) contract administration, contract management, and oversight; “(viii) contract audit for closeout; “(ix) suspension and debarment activities and administrative appeals activities; “(x) contractor business system reviews; and “(xi) other relevant processes and procedures. “(D) Characterization and monitoring of the health and activities of the defense industrial base, including those relating to— “(i) balance sheets, revenues, profitability, and debt; “(ii) investment, innovation, and technological and manufacturing sophistication; “(iii) finances, access to capital markets, and cost of raising capital within those markets; “(iv) corporate governance, leadership, and culture of performance; and “(v) history of performance on past Department of Defense and government contracts. “(c) Roles and responsibilities.—The Secretary of Defense shall designate the roles and responsibilities of organizations and individuals to execute activities under this section, including— “(1) the Under Secretary of Defense for Acquisition and Sustainment, including the Office of Defense Pricing and Contracting and the Office of Industrial Policy; “(2) service acquisition executives; “(3) program offices and procuring contracting officers; “(4) administrative contracting officers within the Defense Contract Management Agency and the Supervisor of Shipbuilding; “(5) the Defense Counterintelligence and Security Agency; “(6) the Defense Contract Audit Agency; “(7) each element of the Department of Defense which own or operate systems containing data relevant to contractors of the Department; “(8) the Under Secretary of Defense for Research and Engineering; “(9) the suspension and debarment official of the Department; “(10) the Chief Information Officer; and “(11) other relevant organizations and individuals. “(d) Enabling data, tools, and systems.— (1) (A) The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Chief Data Officer of the Department of Defense and the Director of the Defense Counterintelligence and Security Agency, shall assess the extent to which existing systems of record relevant to risk assessments and contracting are producing, exposing, and timely maintaining valid and reliable data for the purposes of the Department’s continuous assessment and mitigation of risks in the defense industrial base. “(B) The assessment required under subparagraph (A) shall include the following elements: “(i) Identification of the necessary source data, to include data from contractors, intelligence and security activities, program offices, and commercial research entities. “(ii) A description of the modern data infrastructure, tools, and applications and what changes would improve the effectiveness and efficiency of mitigating the risks described in subsection (b)(2). “(iii) An assessment of the following systems owned or operated outside of the Department of Defense that the Department depends upon or to which it provides data: “(I) The Federal Awardee Performance and Integrity Information System (FAPIIS). “(II) The System for Award Management (SAM). “(III) The Federal Procurement Data System–Next Generation (FPDS–NG). “(IV) The Electronic Data Management Information System. “(V) Other systems the Secretary of Defense determines appropriate. “(iv) An assessment of systems owned or operated by the Department of Defense, including the Defense Counterintelligence and Security Agency and other defense agencies and field activities used to capture and analyze the status and performance (including past performance) of vendors and contractors. “(2) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should feature— “(A) the ability to continuously collect data on, assess, and mitigate risks; “(B) data analytics and business intelligence tools and methods; and “(C) continuous development and continuous delivery of secure software to implement the activities. “(e) Rule of construction.—Nothing in this section shall be construed to limit or modify any other procurement policy, procedure, requirement, or restriction provided by law. “(f) Implementation and reporting requirements.—The Secretary of Defense shall carry out the implementation phases set forth in, and submit to the congressional defense committees the items of information required by, the following paragraphs: “(1) PHASE 1: IMPLEMENTATION PLAN.—Not later than 90 days after the date of the enactment of this section, an implementation plan and schedule for carrying out the framework established pursuant to subsection (b), including— “(A) a discussion and recommendations for any changes to, or exemptions from, laws necessary for effective implementation, including updating the definitions in section 2339a(e) of this title relating to covered procurement, covered system, and covered item of supply, and any similar terms defined in other law or regulation; and “(B) a process for an entity to contact the Department after the entity has taken steps to remediate, mitigate, or otherwise address the risks identified by the Department in conducting activities under subsection (b). “(2) PHASE 2: IMPLEMENTATION OF FRAMEWORK.—Not later than one year after the date of the submission of the implementation plan and schedule required under paragraph (1), a report on the actions taken to implement the framework established pursuant to subsection (b). “(g) Comptroller General reviews.— “(1) BRIEFING.—Not later than February 15, 2020, the Comptroller General of the United States shall brief the congressional defense committees on Department of Defense efforts over the previous 5 years to continuously assess and mitigate risks to the defense industrial base across the acquisition process, and a summary of current and planned efforts. “(2) PERIODIC ASSESSMENTS.—The Comptroller General shall submit to the congressional defense committees three periodic assessments of Department of Defense progress in implementing the framework required under subsection (b), to be provided not later than October 15, 2020, March 15, 2022, and March 15, 2024.”. (b) Clerical amendment.—The table of sections at the beginning of subchapter II of chapter 148 of such title is amended by inserting after the item relating to section 2508 the following new item:
(a) National security strategy for national technology and industrial base.—Section 2501(a) of title 10, United States Code, is amended by inserting after the first sentence the following new sentence: “The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 (50 U.S.C. 3043).”. (b) Annual report to Congress.—Section 2504(3) of title 10, United States Code, is amended— (1) in the matter preceding subparagraph (A), by inserting “Executive order or” after “pursuant to”; (2) by amending subparagraph (A) to read as follows: “(A) a map of the industrial base;”; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following new subparagraph: “(B) a prioritized list of gaps or vulnerabilities in the national technology and industrial base, including— “(i) a description of mitigation strategies necessary to address such gaps or vulnerabilities; “(ii) the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and “(iii) a proposed timeline for action to address such gaps or vulnerabilities; and”. (c) Annual report on unfunded priorities for national technical industrial base.— (1) IN GENERAL.—Subchapter II of chapter 148 of title 10, United States Code, is amended by inserting after section 2504 the following new section: “§ 2504a. Unfunded priorities of the national technology and industrial base: annual report “(a) Annual report.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on the unfunded priorities to address gaps or vulnerabilities in the national technology and industrial base. “(1) IN GENERAL.—Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following: “(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). “(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A). “(C) Account information with respect to such priority, including the following (as applicable): “(i) Line Item Number (LIN) for applicable procurement accounts. “(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. “(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts. “(2) PRIORITIZATION OF PRIORITIES.—Each report shall present the unfunded priorities covered by such report in order of urgency of priority. “(c) Unfunded priority defined.—In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement of the national technology and industrial base that— “(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; “(2) is necessary to address gaps or vulnerabilities in the national technology and industrial base; and “(3) would have been recommended for funding through the budget referred to in paragraph (1) if— “(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or “(B) the program, activity, or mission requirement had emerged before the budget was formulated.”. (2) CLERICAL AMENDMENT.—The table of sections for such subchapter is amended by adding at the end the following new item:
SEC. 847. Mitigating risks related to foreign
ownership, control, or influence of Department of Defense
contractors or
subcontractors. (a) Definitions.—In this section: (1) BENEFICIAL OWNER; BENEFICIAL OWNERSHIP.—The terms “beneficial owner” and “beneficial ownership” shall be determined in a manner that is not less stringent than the manner set forth in section 240.13d–3 of title 17, Code of Federal Regulations (as in effect on the date of the enactment of this Act). (2) COMPANY.—The term “company” means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity. (3) COVERED CONTRACTOR OR SUBCONTRACTOR.—The term “covered contractor or subcontractor” means a company that is an existing or prospective contractor or subcontractor of the Department of Defense on a contract or subcontract with a value in excess of $5,000,000, except as provided in subsection (c). (4) FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE; FOCI.—The terms “foreign ownership, control, or influence” and “FOCI” have the meanings given those terms in the National Industrial Security Program Operating Manual (DOD 5220.22–M), or a successor document. (b) Improved assessment and mitigation of risks related to foreign ownership, control, or influence.— (1) IN GENERAL.—In developing and implementing the analytical framework for mitigating risk relating to ownership structures, as required by section 2509 of title 10, United States Code, as added by section 845 of this Act, the Secretary of Defense shall improve the process and procedures for the assessment and mitigation of risks related to foreign ownership, control, or influence (FOCI) of contractors and subcontractors doing business with the Department of Defense. (2) ELEMENTS.—The process and procedures for the assessment and mitigation of risk relating to ownership structures referred to in paragraph (1) shall include the following elements: (A) ASSESSMENT OF FOCI.— (i) A requirement for covered contractors and subcontractors to disclose to the Defense Counterintelligence and Security Agency, or its successor organization, their beneficial ownership and whether they are under FOCI. (ii) A requirement to update such disclosures when changes occur to information previously provided, consistent with or similar to the procedures for updating FOCI information under the National Industrial Security Program Operating Manual (DOD 5220.22–M), or a successor document. (iii) A requirement for covered contractors and subcontractors determined to be under FOCI to disclose contact information for each of its foreign owners that is a beneficial owner. (iv) A requirement that, at a minimum, the disclosures required by this paragraph be provided at the time the contract or subcontract is awarded, amended, or renewed, but in no case later than one year after the Secretary prescribes regulations to carry out this subsection. (B) RESPONSIBILITY DETERMINATION.—Consistent with section 2509 of title 10, United States Code, as added by section 845 of this Act, consideration of FOCI risks as part of responsibility determinations, including— (i) whether to establish a special standard of responsibility relating to FOCI risks for covered contractors or subcontractors, and the extent to which the policies and procedures consistent with or similar to those relating to FOCI under the National Industrial Security Program shall be applied to covered contractors or subcontractors; (ii) procedures for contracting officers making responsibility determinations regarding whether covered contractors and subcontractors may be under foreign ownership, control, or influence and for determining whether there is reason to believe that such foreign ownership, control, or influence would pose a risk or potential risk to national security or potential compromise because of sensitive data, systems, or processes, such as personally identifiable information, cybersecurity, or national security systems involved with the contract or subcontract; and (iii) modification of policies, directives, and practices to provide that an assessment that a covered contractor or subcontractor is under FOCI may be a sufficient basis for a contracting officer to determine that a contractor or subcontractor is not responsible. (C) CONTRACT REQUIREMENTS, ADMINISTRATION, AND OVERSIGHT RELATING TO FOCI.— (i) Requirements for contract clauses providing for and enforcing disclosures related to changes in FOCI or beneficial ownership during performance of the contract or subcontract, consistent with subparagraph (A), and necessitating the effective mitigation of risks related to FOCI throughout the duration of the contract or subcontract. (ii) Pursuant to section 831(c), designation of the appropriate Department of Defense official responsible to approve and to take actions relating to award, modification, termination of a contract, or direction to modify or terminate a subcontract due to an assessment by the Defense Counterintelligence and Security Agency, or its successor organization, that a covered contractor or subcontractor under FOCI poses a risk to national security or potential risk of compromise. (iii) A requirement for the provision of additional information regarding beneficial ownership and control of any covered contractor or subcontractor on the contract or subcontract. (iv) Other measures as necessary to be consistent with other relevant practices, policies, regulations, and actions, including those under the National Industrial Security Program. (c) Applicability to contracts and subcontracts for commercial products and services and other forms of acquisition agreements.— (1) COMMERCIAL PRODUCTS AND SERVICES.—The requirements under subsection (b)(2)(A) and (b)(2)(C) shall not apply to a contract or subcontract for commercial products or services, unless a designated senior Department of Defense official specifically requires the applicability of subsections (b)(2)(A) and (b)(2)(C) based on a determination by the designated senior official that the contract or subcontract involves a risk or potential risk to national security or potential compromise because of sensitive data, systems, or processes, such as personally identifiable information, cybersecurity, or national security systems. (2) RESEARCH AND DEVELOPMENT AND PROCUREMENT ACTIVITIES.—The Secretary of Defense shall ensure that the requirements of this section are applied to research and development and procurement activities, including for the delivery of services, established through any means including those under section 2358(b) of title 10, United States Code. (d) Availability of resources.—The Secretary shall ensure that sufficient resources, including subject matter expertise, are allocated to execute the functions necessary to carry out this section, including the assessment, mitigation, contract administration, and oversight functions. (e) Rule of construction.—Nothing in this section shall be construed to limit or modify any other procurement policy, procedure, requirement, or restriction provided by law, including section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by the Foreign Interference Risk Review Modernization Act of 2018 (subtitle A of title XVII of Public Law 115–232). (f) Availability of beneficial ownership data.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process to update systems of record to improve the assessment and mitigation of risks associated with FOCI through the inclusion and updating of all appropriate associated uniquely identifying information about the contracts and contractors and subcontracts and subcontractors in the Federal Awardee Performance and Integrity Information System (FAPIIS), administered by the General Services Administration, and the Commercial and Government Entity (CAGE) database, administered by the Defense Logistics Agency. (2) LIMITED AVAILABILITY OF INFORMATION.—The Secretary of Defense shall ensure that the information required to be disclosed pursuant to this section is— (A) not made public; (B) made available via the FAPIIS and CAGE databases; and (C) made available to appropriate government departments or agencies. (a) Prohibition on agency operation or procurement.—The Secretary of Defense may not operate or enter into or renew a contract for the procurement of— (1) a covered unmanned aircraft system that— (A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or (D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or (2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems. (b) Exemption.—The Secretary of Defense is exempt from the restriction under subsection (a) if the operation or procurement is for the purposes of— (1) Counter-UAS surrogate testing and training; or (2) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. (c) Waiver.—The Secretary of Defense may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the congressional defense committees that the operation or procurement is required in the national interest of the United States. (d) Definitions.—In this section: (1) COVERED FOREIGN COUNTRY.—The term “covered foreign country” means the People’s Republic of China. (2) COVERED UNMANNED AIRCRAFT SYSTEM.—The term “covered unmanned aircraft system” means an unmanned aircraft system and any related services and equipment. SEC. 849. Modification of prohibition on acquisition of sensitive materials from
non-allied foreign nations. (a) Expansion of materials covered by prohibition on sale from National Defense Stockpile.—Subsection (a)(2) of section 2533c of title 10, United States Code, is amended, in the matter preceding subparagraph (A), by striking “covered material” and inserting “material”. (b) Inclusion of tantalum in definition of covered materials.—Subsection (d)(1) of such section is amended— (1) in subparagraph (C), by striking “; and” and inserting a semicolon; (2) in subparagraph (D), by striking the period and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(E) tantalum metals and alloys.”. (a) Authority to dispose of and acquire materials for the national defense stockpile.— (1) DISPOSAL AUTHORITY.—Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile Manager shall dispose of 3,000,000 pounds of tungsten ores and concentrates contained in the National Defense Stockpile (in addition to any amount previously authorized for disposal). (A) AUTHORITY.—Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States: (i) Aerospace-grade rayon. (ii) Electrolytic manganese metal. (iii) Pitch-based carbon fiber. (iv) Rare earth cerium compounds. (v) Rare earth lanthanum compounds. (B) AMOUNT OF AUTHORITY.—The National Defense Stockpile Manager may use up to $37,420,000 in the National Defense Stockpile Transaction Fund for acquisition of the materials specified in this paragraph. (3) FISCAL YEAR LIMITATION.—The authority under this subsection is available for purchases made during fiscal year 2020 through fiscal year 2024. (b) Sense of Congress relating to national defense stockpile sales.—It is the sense of Congress that tantalum should be designated as a strategic and critical material under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) required to meet the defense, industrial, and essential civilian needs of the United States. (c) Report on supply chain issues for rare earth materials.—Not later than 180 days after the date of the enactment of this Act, the Administrator of the Defense Logistics Agency, in coordination with the Deputy Assistant Secretary of Defense for Industrial Policy, shall submit a report to Congress assessing issues relating to the supply chain for rare earth materials. Such report shall include the following: (1) An assessment of the rare earth materials in the reserves held by the United States. (2) A estimate of the needs of the United States for rare earth materials— (A) in general; and (B) to support a major near-peer conflict as described in war game scenarios in the 2018 National Defense Strategy. (3) An assessment of the extent to which substitutes for rare earth materials are available. (4) A strategy or plan to encourage the use of rare earth materials mined, refined, processed, melted, or sintered in the United States, or from trusted allies, including an assessment of the best acquisition practices (which shall include an analysis of best value contracting methods) to ensure the viability of trusted suppliers of rare earth materials to meet national security needs. SEC. 851. Pilot program for development of technology-enhanced capabilities with
partnership intermediaries. (a) Establishment.—The Commander of the United States Special Operations Command may use the greater of $2,000,000 or 5 percent of the funds required to be expended by the United States Special Operations Command under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for a pilot program to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces. (b) Use of partnership intermediary.— (1) AUTHORIZATION.—The Commander of the United States Special Operations Command may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. (2) USE OF FUNDS.—None of the funds referred to in subsection (a) shall be used to pay a partnership intermediary for any administrative costs associated with the pilot program. (c) Report.—Not later than October 1, 2020, and October 1, 2021, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report describing any agreement with a partnership intermediary entered into pursuant to this section. The report shall include, for each such agreement, the amount of funds obligated, an identification of the recipient of such funds, and a description of the use of such funds. (d) Termination.—The authority to carry out a pilot program under this section shall terminate on September 30, 2021. (e) Definitions.—In this section: (1) PARTNERSHIP INTERMEDIARY.—The term “partnership intermediary” has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)). (2) SMALL BUSINESS CONCERN.—The term “small business concern” has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632). (3) SMALL BUSINESS INNOVATION RESEARCH PROGRAM.—The term “Small Business Innovation Research Program” has the meaning given the term in section 9(e)(4) of the Small Business Act (15 U.S.C. 638(e)). (4) SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM.—The term “Small Business Technology Transfer Program” has the meaning given the term in section 9(e)(6) of the Small Business Act (15 U.S.C. 638(e)). (5) TECHNOLOGY-ENHANCED CAPABILITY.—The term “technology-enhanced capability” means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission. SEC. 852. Authorized official to carry out the procurement technical assistance
cooperative agreement program. (a) Authorized official.—Effective October 1, 2021, section 2411(3) of title 10, United States Code, is amended by striking “Director of the Defense Logistics Agency” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (b) Report and briefing.—Not later than November 1, 2020, the Secretary of Defense shall provide to the congressional defense committees a written report and briefing on the activities carried out in preparation for the transition of responsibilities for carrying out the procurement technical assistance cooperative agreement program under chapter 142 of title 10, United States Code, from the Director of Defense Logistics Agency to the Under Secretary of Defense for Acquisition and Sustainment, as required by subsection (a). (c) Annual budget justification documents.—The Secretary of Defense shall submit to Congress, as a part of the defense budget materials (as defined in section 234(d) of title 10, United States Code) for fiscal year 2021 and each fiscal year thereafter, a budget justification display that includes the procurement technical assistance cooperative agreement program under chapter 142 of title 10, United States Code, as part of the budget justification for Operation and Maintenance, Defense-wide for the Office of the Secretary of Defense. SEC. 853. Requirement that certain ship components be manufactured in the national
technology and industrial base. (a) Additional procurement limitation.—Section 2534(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(6) COMPONENTS FOR AUXILIARY SHIPS.—Subject to subsection (k), large medium-speed diesel engines.”. (b) Implementation.—Such section is further amended by adding at the end the following new subsection: “(k) Implementation of auxiliary ship component limitation.—Subsection (a)(6) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy. For purposes of this subsection, the term ‘auxiliary ship’ does not include an icebreaker or a special mission ship.”. SEC. 854. Addition of domestically produced stainless steel flatware and dinnerware to
the Berry Amendment. (a) Addition of domestically produced stainless steel flatware and dinnerware.— (1) IN GENERAL.—Section 2533a(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs: “(3) Stainless steel flatware. “(4) Dinnerware.”. (2) APPLICABILITY.—Paragraphs (3) and (4) of section 2533a(b) of title 10, United States Code, as added by paragraph (1), shall apply with respect to contracts entered into on or after the date occurring 1 year after the date of the enactment of this Act. (3) REPEAL.—Effective September 30, 2023, such paragraphs (3) and (4) are repealed. (1) REPORT REQUIRED.—Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report that provides a market survey, cost assessment, description of national security considerations, and a recommendation regarding whether the procurement of dinnerware and stainless steel flatware should be limited to sources in the United States. (2) CONTENTS.—The report required under paragraph (1) shall include an analysis of the following with respect to dinnerware and stainless steel flatware: (A) The extent to which such items have commercial applications. (B) The number of such items to be procured by current programs of record. (C) The criticality of such items to a military unit’s mission accomplishment. (D) The estimated cost and other considerations of reconstituting the production capability of such items, if not maintained in the United States. (E) National security regulations or restrictions imposed on such items that may not be imposed on such items if provided by a competitor outside the United States. (F) Federal, State, and local government regulations that are not related to national security that are imposed on such items that may not be imposed on a competitor outside the United States. (G) The extent to which such items is fielded in current programs of record. (H) The extent to which such items can be procured as and when needed in satisfactory quality and sufficient quantity at United States market prices. (I) The benefits accrued to the Department of Defense and the defense industrial base to procure such items from sources outside the United States. SEC. 855. Application of miscellaneous technology base policies and programs to the
Columbia-class submarine program. Notwithstanding subchapter V of chapter 148 of title 10, United States Code (except for sections 2534, 2533a, and 2533b of such title), for a period of one year beginning on the date of the enactment of this Act, the milestone decision authority (as defined in section 2366a of title 10, United States Code) for the Columbia-class submarine program shall ensure that such program maintains the Acquisition Program Baseline schedule dates approved under the Milestone B approval (as defined in such section). SEC. 856. Application of limitation on procurement of goods other than United States
goods to the FFG–Frigate Program. Notwithstanding any other provision of law, amounts authorized to carry out the FFG–Frigate Program may be used to award a new contract that provides for the acquisition of the following components regardless of whether those components are manufactured in the United States: (1) Auxiliary equipment (including pumps) for shipboard services. (2) Propulsion equipment (including engines, reduction gears, and propellers). (3) Shipboard cranes. (4) Spreaders for shipboard cranes. It is the sense of Congress that during fiscal year 2020, in evaluating proposals for a contract to procure a FFG(X) frigate, the Secretary of the Navy should ensure price is a critical factor. (a) In general.—Part III of subtitle A of title 10, United States Code, is amended by inserting after chapter 112 the following new chapter:
“For the purposes of preparing selected students for public service in Department of Defense occupations relating to acquisition, science, engineering, or other civilian occupations determined by the Secretary of Defense, and to target critical skill gaps in the Department of Defense, the Secretary of Defense shall establish and maintain a Defense Civilian Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees. “In establishing the program, the Secretary of Defense shall determine the following: “(1) A methodology to identify and target critical skills gaps in Department of Defense occupations relating to acquisition, science, engineering, or other civilian occupations determined by the Secretary of Defense. “(2) A mechanism to track and report the success of the program in eliminating any critical skills gaps identified under paragraph (1). “(3) Criteria for an accredited civilian educational institution to participate in the program. “(4) The eligibility of a student to become a member of the program. “(5) Criteria required for a member of the program to receive financial assistance from the Department of Defense. “(6) The term of service as an employee of the Department of Defense required for a member of the program to receive such financial assistance. “(7) Criteria required for a member of the program to be released from a term of service. “(8) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense. “(9) Resources required for implementation of the program. “In making determinations under section 2200h of this title, the Secretary of Defense shall use the authorities under chapters 103 and 111 of this title as guides. “In this chapter: “(1) The term ‘program’ means the Defense Civilian Training Corps program established under section 2200g. “(2) The term ‘member of the program’ means a student at an accredited civilian educational institution who is enrolled in the program.”. (1) INITIAL IMPLEMENTATION.—Not later than February 15, 2020, the Secretary of Defense shall submit to the congressional defense committees a plan and schedule to implement the Defense Civilian Training Corps program established under chapter 113 of title 10, United States Code (as added by subsection (a)) at one accredited civilian educational institution authorized to grant baccalaureate degrees not later than August 1, 2021. The plan shall include a list of critical skills gaps the program will address and recommendations for any legislative changes required for effective implementation of the program. (2) EXPANSION.—Not later than December 31, 2020, the Secretary of Defense shall submit to the congressional defense committees an expansion plan and schedule to expand the Defense Civilian Training Corps program to five accredited civilian educational institutions not later than August 1, 2022. (3) FULL IMPLEMENTATION.—Not later than December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a full implementation plan and schedule to expand the Defense Civilian Training Corps program to at least 20 accredited civilian educational institutions with not fewer than 400 members enrolled in the program not later than August 1, 2023. (a) Professional certification requirement.— (1) PROFESSIONAL CERTIFICATION REQUIRED FOR ALL ACQUISITION WORKFORCE PERSONNEL.—Section 1701a of title 10, United States Code, is amended— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection: “(c) Professional certification.— (1) IN GENERAL.—The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any acquisition workforce career field shall be based on standards developed by a third-party accredited program based on nationally or internationally recognized standards. “(2) Requirements for Secretary.—If the Secretary determines that, for a particular acquisition workforce career field, a third-party accredited program based on nationally or internationally recognized standards does not exist, the Secretary shall establish the certification requirement for that career field that conforms with the practices of national or international accrediting organizations. The Secretary shall determine the best approach for meeting the certification requirement for any such career field, including by implementing such certification requirement through entities outside the Department of Defense, and may design and implement such certification requirement without regard to section 1746 of this title.”. (2) PERFORMANCE MANAGEMENT.—Subsection (b) of such section is amended— (A) in paragraph (5), by striking “encourage” and inserting “direct”; and (B) in paragraph (6), by inserting “and consequences” after “warnings”. (3) PARTICIPATION IN PROFESSIONAL ASSOCIATIONS.—Subsection (b) of such section is further amended— (A) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and (B) by inserting after paragraph (5) the following new paragraph: “(6) authorize a member of the acquisition workforce to participate in professional associations, consistent with the performance plan of such a member in order to provide the member with the opportunity to gain leadership and management skills.”. (4) GENERAL EDUCATION, TRAINING, AND EXPERIENCE REQUIREMENTS.—Section 1723 of such title is amended— (A) in subsection (a)(3), by striking the second sentence; and (B) in subsection (b)(1), by striking “encourage” and inserting “direct”. (5) EFFECTIVE DATE.—The Secretary of Defense shall implement procedures to institute the program required by subsection (c) of section 1701a of title 10, United States Code, as added by paragraph (1), not later than 180 days after the date of the enactment of this Act. (b) Elimination of statutory requirement for completion of 24 semester credit hours.— (1) QUALIFICATION REQUIREMENTS FOR CONTRACTING POSITIONS.—Section 1724 of title 10, United States Code, is amended— (i) by striking “(A)” after “(3)”; and (ii) by striking “, and (B)” and all that follows through “and management”; and (B) in subsection (b), by striking “requirements” in the first sentences of paragraphs (1) and (2) and inserting “requirement”; (I) by striking “requirements in subparagraphs (A) and (B) of subsection (a)(3)” and inserting “requirement of subsection (a)(3)”; and (II) in subparagraph (C), by striking “requirements” and inserting “requirement”; and (I) by striking “shall have—” and all that follows through “been awarded” and inserting “shall have been awarded”; (II) by striking “; or” and inserting a period; and (III) by striking subparagraph (B); and (D) in subsection (f), by striking “, including—” and all that follows and inserting a period. (2) SELECTION CRITERIA AND PROCEDURES.—Section 1732 of such title is amended— (i) by striking “Such requirements,” and all the follows through “the person—” and inserting “Such requirements shall include a requirement that the person—”; (ii) by striking subparagraph (B); and (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and conforming the margins accordingly; (B) in subsection (c), by striking “requirements of subsections (b)(1)(A) and (b)(1)(B)” in paragraphs (1) and (2) and inserting “requirement of subsection (b)(1)”; and (i) by striking “(1) Except as provided in paragraph (2),”; and (ii) by striking paragraph (2). (c) Defense Acquisition University.—Section 1746 of title 10, United States Code, is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (B) by inserting after paragraph (1) the following new paragraphs: “(2) The professors, instructors, and lecturers employed under paragraph (1) shall include individuals from civilian colleges or universities that are not owned or operated by the Federal Government, commercial learning and development organizations, industry, or federally funded research and development centers. “(3) The Secretary of Defense shall ensure that— “(A) not later than September 1, 2021, not less than five full-time visiting professors employed under paragraph (1) are from civilian colleges or universities described under paragraph (2); ; and “(B) not later than September 1, 2022, not less than ten full-time visiting professors employed under paragraph (1) are from such civilian colleges or universities.”; and (2) in subsection (c), by inserting “, and with commercial training providers,” after “military departments”. (d) Designation of security cooperation as an acquisition position.—Section 1721(b) of title 10, United States Code, is amended— (1) by amending paragraph (11) to read as follows: “(11) Security cooperation.”; and (2) by adding at the end the following new paragraph: “(13) Other positions, as necessary.”. (1) CAREER PATH REQUIRED FOR EACH ACQUISITION WORKFORCE CAREER FIELD.—Paragraph (4) of section 1701a(b) of title 10, United States Code, is amended to read as follows: “(4) develop and implement a career path, as described in section 1722(a) of this title, for each career field designated by the Secretary under section 1721(a) of this title as an acquisition workforce career field;”. (2) CONFORMING AMENDMENTS.—Section 1722(a) of such title is amended— (A) by striking “appropriate career paths” and inserting “an appropriate career path”; and (B) by striking “are identified” and inserting “is identified for each acquisition workforce career field”. (3) DEADLINE FOR IMPLEMENTATION OF CAREER PATHS.—Not later than the end of the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall carry out the requirements of paragraph (4) of section 1701a(b) of title 10, United States Code (as amended by paragraph (1)). (1) DESIGNATION OF ACQUISITION WORKFORCE CAREER FIELDS.—Section 1721(a) of such title is amended by adding at the end the following new sentence: “The Secretary shall also designate in regulations those career fields in the Department of Defense that are acquisition workforce career fields for purposes of this chapter.”. (2) CLERICAL AMENDMENTS.— (A) The heading of section 1721 of such title is amended to read as follows: “§ 1721. Designation of acquisition positions and acquisition workforce career fields”. (B) The item relating to such section in the table of sections at the beginning of subchapter II of chapter 87 of such title is amended to read as follows:
(3) (A) The heading of subchapter II of chapter 87 of such title is amended to read as follows: “SUBCHAPTER II—ACQUISITION POSITIONS AND ACQUISITION WORKFORCE CAREER FIELDS”. (B) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
(4) DEADLINE FOR DESIGNATION OF CAREER FIELDS.—Not later than the end of the six-month period beginning on the date of the enactment of this Act, the Secretary of Defense shall carry out the requirements of the second sentence of section 1721(a) of title 10, United States Code (as added by paragraph (1)). (1) DEVELOPMENT OF KEY WORK EXPERIENCES FOR EACH ACQUISITION WORKFORCE CAREER FIELD.—Section 1722b of such title is amended by adding at the end the following new subsection: “(c) Key work experiences.—In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidisciplinary experiences, are developed for each acquisition workforce career field.”. (2) PLAN FOR IMPLEMENTATION OF KEY WORK EXPERIENCES.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan identifying the specific actions the Secretary has taken, and is planning to take, to develop and establish key work experiences for each acquisition workforce career field as required by subsection (c) of section 1722b of title 10, United States Code (as added by paragraph (1)). The plan shall specify the percentage of the acquisition workforce, or funds available for administration of the acquisition workforce on an annual basis, that the Secretary will dedicate towards developing and establishing such key work experiences. (h) Applicability of career path requirements to all members of acquisition workforce.—Section 1723(b) of such title is amended by striking “the critical acquisition-related”. (1) IN GENERAL.—Subchapter V of chapter 87 of such title is amended by adding at the end the following new section: “§ 1765. Competency development “For each acquisition workforce career field, the Secretary of Defense shall— “(1) establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification assessments; and “(2) assign resources to accomplish such technical and nontechnical competencies.”. (2) The table of sections at the beginning of such subchapter II is amended by adding at the end the following new item:
(3) DEADLINE FOR IMPLEMENTATION.—Not later than the end of the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall carry out the requirements of section 1765 of title 10, United States Code (as added by paragraph (1)). (j) Termination of defense Acquisition Corps.— (1) The Acquisition Corps for the Department of Defense referred to in section 1731(a) of title 10, United States Code, is terminated. (2) Section 1733 of title 10, United States Code, is amended— (A) by striking subsection (a); and (B) by redesignating subsection (b) as subsection (a). (3) Subsection (b) of section 1731 of such title is transferred to the end of section 1733 of such title, as amended by paragraph (2), and amended— (A) by striking “Acquisition Corps” in the heading and inserting “the Acquisition Workforce”; and (B) by striking “selected for the Acquisition Corps” and inserting “in the acquisition workforce”. (4) Subsection (e) of section 1732 of such title is transferred to the end of section 1733 of such title, as amended by paragraphs (2) and (3), redesignated as subsection (c), and amended— (A) by striking “in the Acquisition Corps” in paragraphs (1) and (2) and inserting “in critical acquisition positions”; and (B) by striking “serving in the Corps” in paragraph (2) and inserting “employment”. (5) Sections 1731 and 1732 of such title are repealed. (6) (A) Section 1733 of such title, as amended by paragraphs (2), (3), and (4), is redesignated as section 1731. (B) The table of sections at the beginning of subchapter III of chapter 87 of such title is amended by striking the items relating to sections 1731, 1732, and 1733 and inserting the following new item:
(7) (A) The heading of subchapter III of chapter 87 of such title is amended to read as follows: “SUBCHAPTER III—CRITICAL ACQUISITION POSITIONS”. (B) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:
(8) Section 1723(a)(2) of such title is amended by striking “section 1733 of this title” and inserting “section 1731 of this title”. (9) Section 1725 of such title is amended— (A) in subsection (a)(1), by striking “Defense Acquisition Corps” and inserting “acquisition workforce”; and (B) in subsection (d)(2), by striking “of the Defense Acquisition Corps” and inserting “in the acquisition workforce serving in critical acquisition positions”. (10) Section 1734 of such title is amended— (A) by striking “of the Acquisition Corps” in subsections (e)(1) and (h) and inserting “of the acquisition workforce”; and (i) by striking “of the Acquisition Corps” in the first sentence and inserting “of the acquisition workforce”; (ii) by striking “of the Corps” and inserting “of the acquisition workforce”; and (iii) by striking “of the Acquisition Corps” in the second sentence and inserting “of the acquisition workforce in critical acquisition positions”. (11) Section 1737 of such title is amended— (A) in subsection (a)(1), by striking “of the Acquisition Corps” and inserting “of the acquisition workforce”; and (B) in subsection (b), by striking “of the Corps” and inserting “of the acquisition workforce”. (12) Section 1742(a)(1) of such title is amended by striking “the Acquisition Corps” and inserting “acquisition positions in the Department of Defense”. (13) Section 2228(a)(4) of such title is amended by striking “under section 1733(b)(1)(C) of this title” and inserting “under section 1731 of this title”. (14) Section 7016(b)(5)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”. (15) Section 8016(b)(4)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”. (16) Section 9016(b)(4)(B) of such title is amended by striking “under section 1733 of this title” and inserting “under section 1731 of this title”. (17) Paragraph (1) of section 317 of title 37, United States Code, is amended to read as follows: “(1) is a member of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.”. (a) Establishment of software development and software acquisition training and management programs.— (1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in consultation with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Personnel and Readiness, and the Chief Information Officer of the Department of Defense, shall establish software development and software acquisition training and management programs for all software acquisition professionals, software developers, and other appropriate individuals (as determined by the Secretary of Defense), to earn a certification in software development and software acquisition. (2) PROGRAM CONTENTS.—The programs established under paragraph (1) shall— (A) develop and expand the use of specialized training programs for chief information officers of the military departments and the Defense Agencies, service acquisition executives, program executive officers, and program managers to include training on and experience in— (i) continuous software development; and (ii) acquisition pathways available to acquire software; (B) ensure that appropriate program managers— (i) have demonstrated competency in current software processes; (ii) have the skills to lead a workforce that can quickly meet challenges, use software tools that prioritize continuous or frequent upgrades as such tools become available, take up opportunities provided by new innovations, and plan software activities in short iterations to learn from risks of software testing; and (iii) have the experience and training to delegate technical oversight and execution decisions; and (C) include continuing education courses, exchanges with private-sector organizations, and experiential training to help individuals maintain skills learned through the programs. (1) REPORTS REQUIRED.—The Secretary shall submit to the congressional defense committees— (A) not later than 90 days after the date of the enactment of this Act, an initial report; and (B) not later than one year after the date of the enactment of this Act, a final report. (2) CONTENTS.—Each report required under paragraph (1) shall include— (A) the status of implementing the software development and software acquisition training and management programs established under subsection (a)(1); (B) a description of the requirements for certification, including the requirements for competencies in current software processes; (C) a description of potential career paths in software development and software acquisition within the Department of Defense; (D) an independent assessment conducted by the Defense Innovation Board of the progress made on implementing the programs established under subsection (a)(1); and (E) any recommendations for changes to existing law to facilitate the implementation of the programs established under subsection (a)(1). (c) Definitions.—In this section: (1) PROGRAM EXECUTIVE OFFICER; PROGRAM MANAGER.—The terms “program executive officer” and “program manager” have the meanings given those terms, respectively, in section 1737 of title 10, United States Code. (2) SERVICE ACQUISITION EXECUTIVE.—The terms “military department”, “Defense Agency”, and “service acquisition executive” have the meanings given those terms, respectively, in section 101 of title 10, United States Code. (3) MAJOR DEFENSE ACQUISITION PROGRAM.—The term “major defense acquisition program” has the meaning given in section 2430 of title 10, United States Code. (4) DEFENSE BUSINESS SYSTEM.—The term “defense business system” has the meaning given in section 2222(i)(1) of title 10, United States Code. SEC. 863. Modification of temporary assignments of Department of Defense employees to
a private-sector organization. (a) Public-private talent exchange program.—Section 1599g of title 10, United States Code, is amended by adding at the end the following new subsections: “(i) Conflicts of interest.—A private-sector organization that is temporarily assigned a member of the acquisition workforce under this section shall not be considered to have a conflict of interest with the Department of Defense solely because of participation in the program established under this section. “(j) Funding; use of Defense Acquisition Workforce Development Fund.—Funds for the expenses for the program established under this section may be provided from amounts in the Department of Defense Acquisition Workforce Development Fund. Expenses for the program include— “(1) notwithstanding section 1705(e)(5) of this title, the base salary of a civilian member of the acquisition workforce assigned to a private-sector organization under this section, during the period of that assignment; “(2) expenses relating to assignment under this section of a member of the acquisition workforce away from the member’s regular duty station, including expenses for travel, per diem, and lodging; and “(3) expenses for the administration of the program.”. (b) Use of Defense Acquisition Workforce Development Fund.—Section 1705(e)(1) of such title is amended by adding at the end the following new subparagraph: “(C) Amounts in the Fund may be used to pay the expenses of the public-private talent exchange program established under section 1599g of this title.”. (a) In general.—Chapter 141 of title 10, United States Code, is amended by inserting after section 2409 the following new section: “§ 2409a. Incentives and consideration for qualified training programs “(a) Incentives.—The Secretary of Defense shall develop workforce development investment incentives for a contractor that implements a qualified training program to develop the workforce of the contractor in a manner consistent with the needs of the Department of Defense. “(b) Consideration of qualified training programs.—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of the availability, quality, and effectiveness of a qualified training program of an offeror as part of the past performance rating of such offeror. “(c) Qualified training program defined.—The term ‘qualified training program’ means any of the following: “(1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). “(2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). “(3) A program registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). “(4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense.”. (b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2409 the following new item:
(a) Use of qualified apprentices by military construction contractors.— (1) IN GENERAL.—Subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2870. Use of qualified apprentices by military construction contractors “(a) Certification required.—The Secretary of Defense shall require each offeror for a contract for a military construction project to certify to the Secretary that, if awarded such a contract, the offeror will— “(1) establish a goal that not less than 20 percent of the total workforce employed in the performance of such a contract are qualified apprentices; and “(2) make a good faith effort to meet or exceed such goal. “(b) Incentives.—The Secretary of Defense shall develop incentives for offerors for a contract for military construction projects to meet or exceed the goal described in subsection (a). “(c) Consideration of use of qualified apprentices.—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of whether the contractor has made a good faith effort to meet or exceed the goal described in subsection (a), including consideration of the actual number of qualified apprentices used by the contractor on the contract, as part of the past performance rating of such contractor. “(d) Qualified apprentice defined.—In this section, the term ‘qualified apprentice’ means an employee participating in an apprenticeship program that is— “(1) registered with the Office of Apprenticeship of the Employment Training Administration of the Department of Labor pursuant to the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.); “(2) registered with a State apprenticeship agency recognized by such Office of Apprenticeship pursuant to such Act; or “(3) determined to be a high-quality apprenticeship program by industry and the Secretary of Labor.”. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by adding at the end the following new item:
(b) Applicability.—The amendments made by this section shall apply with respect to contracts awarded on or after the date that is 180 days after the date of the enactment of this Act. (a) Credit for certain small business concern subcontractors.—Section 8(d)(16) of the Small Business Act (15 U.S.C. 637(d)) is amended to read as follows: “(16) CREDIT FOR CERTAIN SMALL BUSINESS CONCERN SUBCONTRACTORS.— “(A) IN GENERAL.—For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)— “(i) if the subcontracting goals pertain only to a single contract with a Federal agency, the prime contractor may elect to receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the total dollar value of any subcontracts awarded to such small business concerns; and “(ii) if the subcontracting goals pertain to more than one contract with one or more Federal agencies, or to one contract with more than one Federal agency, the prime contractor may only receive credit for first tier subcontractors that are small business concerns. “(B) COLLECTION AND REVIEW OF DATA ON SUBCONTRACTING PLANS.—The head of each contracting agency shall ensure that the agency— “(i) collects and reports data on the extent to which prime contractors of the agency meet the goals and objectives set forth in subcontracting plans submitted pursuant to this subsection; and “(ii) periodically reviews data collected and reported pursuant to clause (i) for the purpose of ensuring that such contractors comply in good faith with the requirements of this subsection. “(C) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to allow a Federal agency to establish a goal for an number of subcontracts with a subcontractor at any tier for a prime contractor otherwise eligible to receive credit under this paragraph.”. (b) Maintenance of records with respect to credit under a subcontracting plan.—Section 8(d)(6) of the Small Business Act (15 U.S.C. 637(d)(6)) is amended— (1) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively (and conforming the margins accordingly); and (2) by inserting after subparagraph (F) the following new subparagraph: “(G) a recitation of the types of records the successful offeror or bidder will maintain to demonstrate that procedures have been adopted to substantiate the credit the successful offeror or bidder will elect to receive under paragraph (16)(A);”. Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended by adding at the end the following new paragraph: “(4) BEST IN CLASS SMALL BUSINESS PARTICIPATION REPORTING.— “(A) ADDENDUM.—In addition to the requirements under paragraph (2) and for each best in class designation, the Administrator shall include in the report required by such paragraph— “(i) the total amount of spending Governmentwide in such designation; and “(ii) the number of small business concerns awarded contracts and the dollar amount of such contracts awarded within each such designation to each of the following— “(I) qualified HUBZone small business concerns; “(II) small business concerns owned and controlled by women; “(III) small business concerns owned and controlled by service-disabled veterans; and “(IV) small business concerns owned and controlled by socially and economically disadvantaged individuals. “(B) BEST IN CLASS DEFINED.—The term ‘best in class’ has the meaning given such term by the Director of the Office of Management and Budget. “(C) EFFECTIVE DATE.—The Administrator shall report on the information described by subparagraph (A) beginning on the date that such information is available in the Federal Procurement Data System, the System for Award Management, or any successor to such systems.”. (1) IN GENERAL.—Subsection (j) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended— (A) in paragraph (1), by striking “September 30, 2018” and inserting “September 30, 2024”; and (B) in paragraph (2), by striking “September 30, 2021” and inserting “September 30, 2026”. (2) PROGRAM PARTICIPATION TERM.—Subsection (e)(2) of such section is amended by striking “three years” each place such term appears and inserting “two years”. (3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date on which the Secretary of Defense submits to Congress the small business strategy required under section 2283 of title 10, United States Code. The Secretary of Defense shall notify the Law Revision Counsel of the House of Representatives of the submission of the strategy so that the Law Revision Counsel may execute the amendments made by this subsection. (b) Office of Small Business Programs oversight.—Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended— (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following new subsection: “(n) Establishment of performance goals and periodic reviews.—The Office of Small Business Programs of the Department of Defense shall— “(1) establish performance goals consistent with the stated purpose of the Mentor-Protege Program and outcome-based metrics to measure progress in meeting those goals; and “(2) submit to the congressional defense committees, not later than February 1, 2020, a report on progress made toward implementing these performance goals and metrics, based on periodic reviews of the procedures used to approve mentor-protege agreements.”. (c) Modification of disadvantaged small business concern definition.—Paragraph (2) of section 831(o) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note), as redesignated by subsection (b)(1), is amended in the matter preceding subparagraph (A) by striking “has less than half the size standard corresponding to its primary North American Industry Classification System code” and inserting “is not more than the size standard corresponding to its primary North American Industry Classification System code”. (d) Independent report on program effectiveness.—The Secretary of Defense shall direct the Defense Business Board to submit, not later than March 31, 2022, to the congressional defense committees a report evaluating the effectiveness of the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note), including recommendations for improving the program in terms of performance metrics, forms of assistance, and overall program effectiveness. (e) Report.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter until September 30, 2024, the Secretary of Defense shall submit to the congressional defense committees a report on the Mentor-Protege Program established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) that describes— (1) each mentor-protege agreement entered into under such section, disaggregated by the type of disadvantaged small business concern (as defined in subsection (o) of such section) receiving assistance pursuant to such an agreement; (2) the type of assistance provided to protege firms (as defined in such subsection) under each such agreement; (3) the benefits provided to mentor firms (as defined in such subsection) under each such agreement; and (4) the progress of protege firms under each such agreement with respect to competing for Federal prime contracts and subcontracts. SEC. 873. Accelerated payments applicable to contracts with certain small business
concerns under the Prompt Payment Act. Section 3903(a) of title 31, United States Code, is amended— (1) in paragraph (1)(B), by inserting “except as provided in paragraphs (10) and (11),” before “30 days”; (2) in paragraph (8), by striking “and”; (3) in paragraph (9), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: “(10) for a prime contractor (as defined in section 8701(5) of title 41) that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), to the fullest extent permitted by law, require that the head of an agency establish an accelerated payment date with a goal of 15 days after a proper invoice for the amount due is received if a specific payment date is not established by contract; and “(11) for a prime contractor (as defined in section 8701(5) of title 41) that subcontracts with a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), to the fullest extent permitted by law, require that the head of an agency establish an accelerated payment date with a goal of 15 days after a proper invoice for the amount due is received if— “(A) a specific payment date is not established by contract; and “(B) such prime contractor agrees to make payments to such subcontractor in accordance with such accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to such subcontractor.”. Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that with respect to an offer for a task order or delivery order in an amount greater than the simplified acquisition threshold (as defined in section 134 of title 41, United States Code) and less than or equal to $5,500,000 issued under an indefinite delivery-indefinite quantity contract, the contracting officer for such contract shall, upon written request from an unsuccessful offeror, provide a brief explanation as to why such offeror was unsuccessful that includes a summary of the rationale for the award and an evaluation of the significant weak or deficient factors in the offeror’s offer. SEC. 875. Small business contracting credit for subcontractors that are Puerto Rico
businesses or covered territory businesses. Section 15(x) of the Small Business Act (15 U.S.C. 644(x)(1)) is amended— (1) in the subsection heading, by adding “and covered territory businesses” after “Puerto Rico businesses”; (A) by inserting “or a covered territory business, or a prime contractor awards a subcontract (at any tier) to a subcontractor that is a Puerto Rico business or a covered territory business,” after “Puerto Rico business”; (B) by inserting “or subcontract” after “the contract”; and (C) by striking “subsection (g)(1)(A)(i)” and inserting “subsection (g)(1)(A)”; and (3) by adding at the end the following new paragraph: “(3) COVERED TERRITORY BUSINESS DEFINED.—In this subsection, the term ‘covered territory business’ means a small business concern that has its principal office located in one of the following: “(A) The United States Virgin Islands. “(B) American Samoa. “(C) Guam. “(D) The Northern Mariana Islands.”. SEC. 876. Technical amendment regarding treatment of certain surviving spouses under
the definition of small business concern owned and
controlled by
service-disabled veterans. Effective on the date specified in subsection (e) of section 1832 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2660), section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)) is amended— (1) in subparagraph (C)(i)(II), by striking “rated as 100 percent” and all that follows through “service-connected disability”; and (2) by amending subparagraph (C)(ii)(III) to read as follows: “(aa) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the death of the veteran; or “(bb) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is 3 years after the date of the death of the veteran.”. SEC. 877. Extension of loan assistance and deferral eligibility to reservists and
members of the National Guard beyond periods of military
conflict. (a) Small Business Act amendments.—Section 7 of the Small Business Act (15 U.S.C. 636) is amended— (i) by striking clause (ii); (ii) by redesignating clause (i) as clause (ii); (iii) by inserting before clause (ii), as so redesignated, the following: “(i) the term ‘active service’ has the meaning given that term in section 101(d)(3) of title 10, United States Code;”; and (iv) in clause (ii), as so redesignated, by adding “and” at the end; (B) in subparagraph (B), by striking “being ordered to active military duty during a period of military conflict” and inserting “being ordered to perform active service for a period of more than 30 consecutive days”; (C) in subparagraph (C), by striking “active duty” each place it appears and inserting “active service”; and (D) in subparagraph (G)(ii)(II), by striking “active duty” and inserting “active service”; and (A) in the subsection heading, by striking “Active Duty” and inserting “Active Service”; (i) by striking subparagraph (C); (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii) by inserting before subparagraph (B), as so redesignated, the following: “(A) ACTIVE SERVICE.—The term ‘active service’ has the meaning given that term in section 101(d)(3) of title 10, United States Code.”; (iv) in subparagraph (B), as so redesignated, by striking “ordered to active duty during a period of military conflict” and inserting “ordered to perform active service for a period of more than 30 consecutive days”; and (v) in subparagraph (D), by striking “active duty” each place it appears and inserting “active service”; and (C) in paragraph (2)(B), by striking “active duty” each place it appears and inserting “active service”. (b) Applicability.—The amendments made by subsection (a)(1) shall apply to an economic injury suffered or likely to be suffered as the result of an essential employee being ordered to perform active service (as defined in section 101(d)(3) of title 10, United States Code) for a period of more than 30 consecutive days who is discharged or released from such active service on or after the date of enactment of this Act. (c) Semiannual report.—Not later than 180 days after the date of enactment of this Act, and semiannually thereafter, the President shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the number of loans made under the Military Reservist Economic Injury Disaster Loan program and the dollar volume of those loans. The report shall contain the subsidy rate of the disaster loan program as authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) with the loans made under the Military Reservist Economic Injury Disaster Loan program and without those loans included. (d) Technical and conforming amendment.—Section 8(l) of the Small Business Act (15 U.S.C. 637(l)) is amended— (1) by striking “The Administration” and inserting the following: “(1) IN GENERAL.—The Administration”; (2) by striking “(as defined in section 7(n)(1))”; and (3) by adding at the end the following: “(2) DEFINITION OF PERIOD OF MILITARY CONFLICT.—In this subsection, the term ‘period of military conflict’ means— “(A) a period of war declared by the Congress; “(B) a period of national emergency declared by the Congress or by the President; or “(C) a period of a contingency operation, as defined in section 101(a) of title 10, United States Code.”. (a) Types of awards; award size; limitation on certain awards.—Section 2359a of title 10, United States Code, is amended— (1) in subsection (a)(1), by inserting “phase II Small Business Technology Transfer Program projects,” after “projects,”; (A) in paragraph (3), by striking “$3,000,000” and all that follows through the period at the end and inserting “$6,000,000.”; and (B) by adding at the end the following new paragraph: “(7) A preference under the program for funding small business concerns.”; and (A) by striking “Subject to” and inserting “(1) Subject to”; (B) in paragraph (1), as so designated, by inserting “and to the limitation under paragraph (2)” after “for such purpose”; and (C) by adding at the end the following new paragraph: “(2) During any fiscal year, the total amount of awards in an amount greater than $3,000,000 made under the program established under subsection (a) may not exceed 25 percent of the amount made available to carry out such program during such fiscal year.”. (b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program established under section 2359a(a) of title 10, United States Code (commonly known as the “Defense Research and Development Rapid Innovation Program”), which shall include— (1) with respect to the two fiscal years preceding the submission of the report— (A) a description of the total number of proposals funded under the program; (B) the percent of funds made available under the program for phase II Small Business Innovation Research Program projects (as defined under section 9 of the Small Business Act (15 U.S.C. 638)); and (C) a list of phase II Small Business Innovation Research Program projects that received funding under the program that were included in major defense acquisition programs (as defined in section 2430 of title 10, United States Code) and other defense acquisition programs that meet critical national security needs; and (2) an assessment on the effectiveness of the program in stimulating innovative technologies, reducing acquisition or lifecycle costs, addressing technical risk, and improving the timeliness and thoroughness of test and evaluation outcomes. SEC. 879. Alignment of the Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program with
the National Defense
Science and Technology Strategy. The Secretary of Defense and Secretaries of the military departments shall, to the extent practicable, align the research topics selected for activities conducted under the Small Business Innovation Research Program and Small Business Technology Transfer Program (as defined under section 9 of the Small Business Act (15 U.S.C. 638)) with the National Defense Science and Technology Strategy developed under section 218 of the John. S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679). (a) Definition of senior procurement executive.—Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended— (1) in paragraph (12)(B), by striking “and” at the end; (2) in paragraph (13)(B), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(14) the term ‘senior procurement executive’ means an official designated under section 1702(c) of title 41, United States Code, as the senior procurement executive of a Federal agency participating in a SBIR or STTR program.”. (b) Inclusion of senior procurement executives in SBIR and STTR.— (1) IN GENERAL.—Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended— (A) in paragraph (8), by striking “and” at the end; (B) in paragraph (9), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new paragraph: “(10) to consult, where appropriate, with personnel from the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program with commercializing research developed under such a program before such small business concern is awarded a contract from such Federal agency.”. (2) TECHNICAL AMENDMENT.—Section 9(b)(3) of the Small Business Act (15 U.S.C. 638(b)(3)) is amended by striking “and” at the end. (c) Modifications relating to procurement center representatives and other acquisition personnel.— (1) SBIR AMENDMENT.—Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is amended by adding at the end the following new paragraph: “(4) MODIFICATIONS RELATING TO PROCUREMENT CENTER REPRESENTATIVES.—Upon the enactment of this paragraph, the Administrator shall modify the policy directives issued pursuant to this subsection to require procurement center representatives (as described in section 15(l)) to consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in the SBIR program, particularly in Phase III.”. (2) STTR AMENDMENT.—Section 9(p)(2) of the Small Business Act (15 U.S.C. 638(p)(2)) is amended— (A) in subparagraph (E)(ii), by striking “and” at the end; (B) in subparagraph (F), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(G) procedures to ensure that procurement center representatives (as described in section 15(l))— “(i) consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in the STTR program, particularly in Phase III; “(ii) provide technical assistance to such concerns to submit a bid for an award of a Federal contract; and “(iii) consult with the appropriate personnel from the relevant Federal agency in providing the assistance described in clause (i).”. (d) Amendment to duties of procurement center representatives.—Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is amended— (1) in subparagraph (I), by striking “and” at the end; (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following new subparagraph: “(J) consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in a SBIR or STTR program under section 9 with Phase III;”. (e) Amendment to the duties of the director of small and disadvantaged business utilization for federal agencies.—Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended— (1) in paragraph (19), by striking “and” at the end; (2) in paragraph (20), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph: “(21) shall consult with the appropriate personnel from the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement, as defined under section 9, with the concern) to market the research developed by such concern under such SBIR or STTR program.”. (a) In general.—The Secretary of Defense may enter into an agreement with 1 or more vendors selected under section 9(q)(2) of the Small Business Act (15 U.S.C. 638(q)(2)) to provide small business concerns engaged in SBIR or STTR projects with cybersecurity technical assistance, such as access to a network of cybersecurity experts and engineers engaged in designing and implementing cybersecurity practices. (b) Amounts.—In carrying out subsection (a), the Secretary of Defense may provide the amounts described under section 9(q)(3) of such Act (15 U.S.C. 638(q)(3)) to a recipient that meets the eligibility requirements under the such paragraph, if the recipient requests to seek cybersecurity technical assistance from an individual or entity other than a vendor selected as described in subsection (a). Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on funds or other assistance made available to small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) as prime contractors for research, development, test, and evaluation activities, in each of fiscal years 2017, 2018, and 2019 under any— (1) research, development, test, and evaluation programs of the Department of Defense; (2) Small Business Innovation Research programs of the Department of Defense; (3) Small Business Technology Transfer programs of the Department of Defense; and (4) other relevant activities of the Department of Defense. SEC. 883. Modifications to budget display requirements for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program. Section 857 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1891) is amended— (A) by inserting “Under Secretary of Defense (Comptroller) and the” before “Under Secretary of Defense for Research and Engineering”; and (B) by striking “a budget display” and inserting “one or more budget displays”; (2) in subsection (b), by striking “The budget display” and inserting “The budget displays”; and (3) in subsection (d), by striking “The budget display” and inserting “The budget displays”. (a) In general.—Not later than 1 year after the date of the enactment of this Act and subject to subsection (b), the Secretary of Defense shall establish and administer a program to be known as the “Domestic Investment Pilot Program” under which the Secretary and the service acquisition executive for each military department may make a SBIR award under section 9(dd) of the Small Business Act (15 U.S.C. 638) to a small business concern without providing the written determination described under paragraph (2) of such section 9(dd) if such concern is— (1) exclusively owned by multiple United States-owned venture capital operating companies, hedge funds, or private equity firms, or (2) majority-owned by multiple United States-owned venture capital operating companies, hedge funds, or private equity firms, if the minority foreign ownership of such concern is limited to members of the national technology and industrial base as defined under section 2500 of title 10, United States Code. (b) Limitation.—During any fiscal year, the aggregate amount of awards made under the Domestic Investment Pilot Program shall not exceed an amount equal to 10 percent of the total amount that the Secretary of Defense may award under section 9 of the Small Business Act (15 U.S.C. 638) during such fiscal year. (c) Evaluation criteria.—In carrying out the Domestic Investment Pilot Program, the Secretary of Defense may not use investment of venture capital or investment from hedge funds or private equity firms as a criterion for the award of contracts under the SBIR program or STTR program. (d) Annual reporting.—The Secretary of Defense shall include as part of each annual report required under section 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) information on the implementation of the Domestic Investment Pilot Program with respect to the year covered by the report, including— (1) the number of applications for participation received from small business concerns; (2) the number of awards made to small business concerns, including an identification of such concerns; (3) the extent to which a small business concern participant is foreign-owned, including an identification of the foreign owners; and (4) an assessment of the effect of the Domestic Investment Pilot Program on— (A) inducing additional venture capital, hedge fund, or private equity funding of research as defined in section 9(e)(5) of the Small Business Act (15 U.S.C. 638(e)(5)); (B) substantially contributing to the mission of the Department of Defense; and (C) otherwise fulfilling the capital needs of small business concerns for additional financing for SBIR projects. (e) Notification.—The Secretary of Defense shall notify the Small Business Administration of an award made under the Domestic Investment Pilot Program not later than 30 days after such award is made. (f) Termination.—The Domestic Investment Pilot Program established under this section shall terminate on September 30, 2022. (g) Definitions.—In this section: (1) MILITARY DEPARTMENT; SERVICE ACQUISITION EXECUTIVE.—The terms “military department” and “service acquisition executive” have the meanings given those terms, respectively, in section 101 of title 10, United States Code. (2) SBIR; STTR.—The terms “SBIR” and “STTR” have the meanings given those terms, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e)). (3) SMALL BUSINESS ACT DEFINITIONS.—The terms “small business concern”, “venture capital operating company”, “hedge fund”, and “private equity firm” have the meanings given those terms, respectively, in section 3 of the Small Business Act (15 U.S.C. 632). (a) Review.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, serving as the senior procurement executive for the Department of Defense pursuant to section 133b(b)(4)(B) of title 10, United States Code, shall conduct a review of the implementation of the requirement for Government contracting agencies under Executive Order 11246 (42 U.S.C. 2000e note) relating to expectations of contractors and subcontractors to ensure nondiscrimination on the basis of sex. (b) Elements.—The review required under subsection (a) shall, at a minimum, consider— (1) existing contracting processes and tools for oversight of contracts, including contractor responsibility determinations and documentation of performance; and (2) the extent to which best practices for contractors and subcontractors identified in the appendix to part 60–20 of title 41 of the Code of Federal Regulations, such as establishing and implementing procedures for handling and resolving complaints about harassment and intimidation based on sex, have been incorporated in Department policies and procedures. (c) Updated training guidance.—Not later than 180 days after the date of the completion of the review required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall update any relevant training guidance for the acquisition workforce to account for the conclusions of the review. (d) Briefing required.—Not later than December 15, 2020, the Secretary of Defense shall brief the congressional defense committees on the review required under subsection (a), which shall include any updates to training guidance or contracting procedures resulting from the review. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the number of contractors— (1) that performed a contract with the Department of Defense during the five-year period preceding the date of the enactment of this Act; and (2) that have been found by the Department of Labor to have committed willful or repeat violations of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and the nature of the violations committed. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the use of contractors to perform work supporting contingency operations, including the logistical support for such operations, since January 1, 2009. Such report shall include— (1) an evaluation of the nature and extent to which the Department of Defense has used contractors to perform such work, including the type of operation or exercise, the functions performed by a contractor, the place of performance, and contract obligations; (2) an evaluation of the processes for tracking and reporting on the use of such contractors; (3) an evaluation of the extent to which recommendations made by the Wartime Contracting Commission established in section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) have been implemented in policy, guidance, education and training, as appropriate; and (4) any other issues the Comptroller General determines to be appropriate. SEC. 888. Policies and procedures for contractors to report gross violations of
internationally recognized human rights. (a) In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update Department of Defense policy and guidance and the Department of Defense Supplement to the Federal Acquisition Regulation to provide specific guidance to Department of Defense employees and contractors performing a Department of Defense contract that supports United States Armed Forces deployed outside of the United States on monitoring and reporting allegations of gross violations of internationally recognized human rights. (b) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with the concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report that describes— (1) the policies and procedures in place to obtain information about possible cases of gross violations of internationally recognized human rights from Department of Defense contractors described in subsection (a), including the methods for tracking cases; and (2) the resources needed to investigate reports made pursuant to subsection (a). (c) Form of report.—The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. (d) Definitions.—In this section: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—the term “appropriate congressional committees” means— (A) the congressional defense committees; and (B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) GROSS VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.—The term “gross violations of internationally recognized human rights” has the meaning given such term in subsection (d)(1) of section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304). SEC. 889. Comptroller General report on oversight of contractors providing private
security functions. (a) In general.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on efforts of the Secretary of Defense to improve the oversight of contractors providing private security functions to fulfill non-combat requirements for security in contingency operations, humanitarian operations, peacekeeping operations, or other similar operations or exercises since January 1, 2009. (b) Elements.—The report required under subsection (a) shall evaluate— (1) the nature and extent to which the Department of Defense has used contractors to perform private security functions described under subsection (a), including the type of operation or exercise, the functions performed by a contractor, the place of performance, and contract obligations; (2) the processes for tracking and reporting on the use of such contractors; (3) changes to law, regulation, and policy on the use of such contractors and how the Secretary has implemented such changes, including— (A) the Montreux Document on Pertinent International Legal Obligations and Good Practices for States Related to Operations of Private Military and Security Companies During Armed Conflict (published on May 2, 2011); (B) using standards for such contractors issued by the American National Standards Institute and the International Organization for Standardization; and (C) using other associated accreditation and certification standards for such contractors; and (4) the oversight outcomes of the Department due to implementing the processes described in paragraph (2) and the changes described in paragraph (3), including— (A) progress with certification and accreditation of companies; (B) the use of the maturity model of the Department to assess contractors; and (C) the nature and extent of referrals for suspension and debarment and the number of suspensions and debarments that have resulted from such referrals. (c) Form of report.—The report required by subsection (a) shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary. SEC. 890. Prohibition on contracting with persons that have business operations with
the Maduro regime. (a) Prohibition.—Except as provided under subsections (c), (d), and (e), the Department of Defense may not enter into a contract for the procurement of goods or services with any person that has business operations with an authority of the Government of Venezuela that is not recognized as the legitimate Government of Venezuela by the United States Government. (1) IN GENERAL.—The prohibition under subsection (a) does not apply to a contract that the Secretary of Defense and the Secretary of State jointly determine— (i) for purposes of providing humanitarian assistance to the people of Venezuela; (ii) for purposes of providing disaster relief and other urgent life-saving measures; or (iii) to carry out noncombatant evacuations; or (B) is vital to the national security interests of the United States. (2) NOTIFICATION REQUIREMENT.—The Secretary of Defense shall notify the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of any contract entered into on the basis of an exception provided for under paragraph (1). (c) Office of foreign assets control licenses.—The prohibition in subsection (a) shall not apply to a person that has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (d) American diplomatic mission in Venezuela.—The prohibition in subsection (a) shall not apply to contracts related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela. (e) Definitions.—In this section: (1) BUSINESS OPERATIONS.—The term “business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) GOVERNMENT OF VENEZUELA.—The term “Government of Venezuela” includes the government of any political subdivision of Venezuela, and any agency or instrumentality of the Government of Venezuela. For purposes of this paragraph, the term “agency or instrumentality of the Government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela”. (3) PERSON.—The term “person” means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (f) Applicability.—This section shall apply with respect to any contract entered into on or after the date of the enactment of this section. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an analysis of the progress of the Department of Defense in implementing the Combating Trafficking in Persons initiative described in Department of Defense Instruction 2200.01 (published February 2007; revised on June 21, 2019). (1) IN GENERAL.—The Chief Information Officer of the Department of Defense shall work with the Chief Data Officer of the Department of Defense to optimize the Department's process for accounting for, managing, and reporting its information technology and cyberspace investments. The optimization should include alternative methods of presenting budget justification materials to the public and congressional staff to more accurately communicate when, how, and with what frequency capability is delivered to end users, in accordance with best practices for managing and reporting on information technology investments. (2) BRIEFING.—Not later than February 3, 2020, the Chief Information Officer of the Department of Defense shall brief the congressional defense committees on the process optimization undertaken pursuant to paragraph (1), including any recommendations for legislation. (b) Delivery of information technology budget.—The Secretary of Defense shall submit to the congressional defense committees the Department of Defense budget request for information technology not later than 15 days after the submittal to Congress of the budget of the President for a fiscal year pursuant to section 1105 of title 31, United States Code. SEC. 893. Modification to requirements for purchase of commercial leasing services
pursuant to multiple award contracts. (a) Repeal.—Section 877 of the John S. McCain National Defense Authorization Act For Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1907; 41 U.S.C. 3302 note) is repealed. (b) Exemption for commercial leasing services.— (1) IN GENERAL.—Section 3302 of title 41, United States Code, is amended by adding at the end the following new subsection: “(f) Commercial leasing services.—The regulations required by subsection (b) shall not apply to individual purchases for commercial leasing services that are made on a no cost basis and made under a multiple award contract awarded in accordance with the requirements for full and open competition.”. (2) TERMINATION.—Effective December 31, 2025, subsection (f) of section 3302 of title 41, United States Code, as added by paragraph (1), is repealed. (c) Audit.—The Comptroller General of the United States shall— (1) conduct an audit not later than the last day of fiscal year 2021, 2023, and 2025 analyzing the National Broker Contract program of the General Services Administration to determine— (A) whether brokers selected under the program provide lower lease rental rates than rates negotiated by employees of the General Services Administration; and (B) the impact of the program on the length of time of lease procurements; (2) conduct a review of whether the application of section 863 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat.4547) resulted in rental cost savings for the Government during the years in which such section was applicable; and (3) not later than September 30, 2022, and September 30, 2024, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (A) summarizes the results of the most recent audit required under paragraph (1) and the review required by paragraph (2); (B) includes an assessment of whether the National Broker Contract program provides greater efficiencies and savings than the use of employees of the General Services Administration; and (C) includes recommendations for improving General Services Administration lease procurements. Sec. 901. Headquarters activities of the Department of Defense matters. Sec. 902. Clarifying the roles and responsibilities of the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering. Sec. 903. Return to Chief Information Officer of the Department of Defense of responsibility for business systems and related matters. Sec. 904. Assessments of responsibilities and authorities of the Chief Management Officer of the Department of Defense. Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal Cyber Advisor. Sec. 906. Exclusion from limitations on personnel in the Office of the Secretary of Defense and Department of Defense headquarters of fellows appointed under the John S. McCain Defense Fellows Program. Sec. 911. Codification of Assistant Secretaries for Energy, Installations, and Environment of the Army, Navy, and Air Force. Sec. 921. Prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense. Sec. 922. Limitation on consolidation of Defense Media Activity. Sec. 923. Report on resources to implement the civilian casualty policy of the Department of Defense. Sec. 951. Short title. Sec. 952. The Space Force. Sec. 953. Chief of Space Operations. Sec. 954. Space Force Acquisition Council. Sec. 955. Assistant Secretary of Defense for Space Policy. Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 957. Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs. Sec. 958. Conforming amendments and clarification of authorities. Sec. 959. Effects on military installations. Sec. 960. Availability of funds. Sec. 961. Implementation. (a) Modification of limitations on number of personnel in OSD and other DoD headquarters.— (1) OSD.—Section 143 of title 10, United States Code, is amended— (A) in subsection (a), by striking “3,767” and inserting “4,300”; and (B) in subsection (b), by striking “, civilian, and detailed personnel” and inserting “and civilian personnel”. (A) IN GENERAL.—Section 155(h)(1) of such title is amended by striking “2,069” and inserting “2,250”. (B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall take effect on December 31, 2019, immediately after the coming into effect of the amendment made by section 903(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2344), to which such amendments relate (3) OFFICE OF SECRETARY OF THE ARMY.—Section 7014(f) of title 10, United States Code, is amended— (A) in paragraph (1), by striking “3,105” and inserting “3,250”; and (B) in paragraph (2), by striking “1,865” and inserting “1,900”. (4) OFFICE OF SECRETARY OF THE NAVY.—Section 8014(f) of such title is amended— (A) in paragraph (1), by striking “2,866” and inserting “3,150”; and (B) in paragraph (2), by striking “1,720” and inserting “1,800”. (5) OFFICE OF SECRETARY OF THE AIR FORCE.—Section 9014(f) of such title is amended— (A) in paragraph (1), by striking “2,639” and inserting “2,750”; and (B) in paragraph (2), by striking “1,585” and inserting “1,650”. (b) Sunset of reduction in funding for DoD headquarters, administrative, and support activities.—Section 346 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 111 note) is amended by adding at the end the following new subsection: “(d) Sunset.—No action is required under this section with respect to any fiscal year after fiscal year 2019.”. SEC. 902. Clarifying the roles and responsibilities of the Under Secretary of Defense
for Acquisition and Sustainment and the Under Secretary of
Defense for Research
and Engineering. The laws of the United States are amended as follows: (1) Section 129a(c)(3) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (2) Section 133a(b)(2) of title 10, United States Code, is amended— (A) by striking “prototyping,” and inserting “appropriate prototyping activities,”; and (B) by striking “, including the allocation of resources for defense research and engineering,”. (3) Section 134(c) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics,” and inserting “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”. (4) Section 139 of title 10, United States Code, is amended— (A) in subsection (b), by striking “and the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering”; and (B) in subsections (c) and (h), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”. (5) Section 139a(d)(6) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”. (6) Section 171(a) of title 10, United States Code, is amended— (A) in paragraph (3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (B) by redesignating paragraphs (9) through (13) as paragraphs (12) through (16); (C) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively; (D) by inserting after paragraph (3) the following new paragraph: “(4) the Under Secretary of Defense for Research and Engineering;”; and (E) by inserting after paragraph (9), as redesignated, the following new paragraphs: “(10) the Deputy Under Secretary of Defense for Research and Engineering; “(11) the Deputy Under Secretary of Defense for Acquisition and Sustainment;”. (7) Subsection (d)(1) of section 181 of title 10, United States Code, is amended— (A) in subparagraph (C), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (B) by inserting after subparagraph (C) the following new subparagraph: “(D) the Under Secretary of Defense for Research and Engineering.”; and (C) by redesignating paragraphs (D) through (G) as paragraphs (E) through (H), respectively. (8) Subsection (b)(2) of section 393 of title 10, United States Code, is amended— (A) in subparagraph (B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (B) by inserting after subparagraph (B) the following new subparagraph: “(C) the Under Secretary of Defense for Research and Engineering.”; and (C) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F). (9) Section 1111 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1032; 10 U.S.C. 1701 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (10) Section 231 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (11) Section 1702 of title 10, United States Code, is amended— (A) in the section heading, by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (12) Section 807(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2608; 10 U.S.C. 1702 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (13) Section 1705 of title 10, United States Code, is amended— (A) in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (B) in subsection (e)(3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (C) in subsection (g)(2)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (14) Section 803(c) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1825; 10 U.S.C. 1705 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (15) Section 1722 of title 10, United States Code, is amended— (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (b)(2)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (16) Section 1722a of title 10, United States Code, is amended— (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (e), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (17) Section 1722b(a) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (18) Section 1723 of title 10, United States Code, is amended— (A) in subsection (a)(3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (b), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (19) Section 1725(e)(2) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (20) Section 1735(c)(1) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (21) Section 1737(c) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (22) Section 1741(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (23) Section 1746(a) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (24) Section 1748 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (25) Section 2222 of title 10, United States Code, is amended— (A) in subsection (c)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (f)(2)(B)(i), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (26) Section 217(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 770; 10 U.S.C. 2222 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment and Under Secretary of Defense for Research and Engineering”. (27) Section 882(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 128 Stat. 4308; 10 U.S.C. 2222 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (28) Section 2272 of title 10, United States Code, is amended by striking “Assistant Secretary of Defense for Research and Engineering” and inserting “Under Secretary of Defense for Research and Engineering”. (29) Section 2275(a) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (30) Section 2279(d) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (31) Section 2279b of title 10, United States Code, is amended— (i) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; (ii) by striking paragraph (2); and (iii) by inserting after paragraph (1) the following new paragraphs: “(2) The Under Secretary of Defense for Research and Engineering. “(3) The Under Secretary of Defense for Acquisition and Sustainment.”; and (B) in subsection (c) by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,”. (32) Section 898(a)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2000; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (33) Section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 726; 10 U.S.C. 2302 note) is amended— (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (d)(1)(A), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Deputy Secretary of Defense”. (34) Section 852 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 130 Stat. 3458; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (35) Section 806 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1487; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (36) Section 843 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1487; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (37) Section 254(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4402; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (38) Section 802(d) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2004; 10 U.S.C. 2302 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (39) Section 2304 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (40) Section 806(b) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4260; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (41) Section 821(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 226; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (42) Section 801(b)(2)(A) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 204; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (43) Section 817(e) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (44) Section 811(e)(1) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (45) Section 875 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2310; 10 U.S.C. 2305 note) is amended— (A) in subsection (b)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (B) in subsection (c), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (C) in subsection (d), by striking “The Under Secretary for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Research and Engineering”; and (D) in subsection (e) through (f), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (46) Section 888(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2322; 10 U.S.C. 2305 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (47) Section 829(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2281; 10 U.S.C. 2306 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (48) Section 2306b(i)(7) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (49) Section 2311(c) of title 10, United States Code, is amended— (A) in paragraph (1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in paragraph (2)(B), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (50) Section 2326(g) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (51) Section 2330 of title 10, United States Code, is amended— (A) in subsection (a)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (B) in subsection (a)(3), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; (C) in subsection (b)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (D) in subsection (b)(3)(A), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (52) Section 882 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 942; 10 U.S.C. 2330 note) is amended in the matter preceding paragraph (1) by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (53) Section 2334 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (54) Section 2350a(b)(2) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Assistant Secretary of Defense for Research and Engineering” and inserting “Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering”. (55) Section 2359(b)(1) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”. (56) Section 2359b of title 10, United States Code, is amended— (A) in subsection (a)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”; and (B) in subsection (l)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”. (57) Section 2375 of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (58) Section 874(b)(1) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2310; 10 U.S.C. 2375 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (59) Section 876 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2311; 10 U.S.C. 2377 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (60) Section 855 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 919; 10 U.S.C. 2377 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” each place such term appears and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (61) Section 856(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 920; 10 U.S.C. 2377 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (62) Section 2399(b)(3) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics,” and inserting “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”. (63) Section 2419(a)(1) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (64) Section 826(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 908; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (65) Section 827(e) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 909; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (66) Section 811(b)(1) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1828; 10 U.S.C. 2430 note) is amended by striking “if the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “if the service acquisition executive, in the case of a major defense acquisition program of the military department, or the Under Secretary of Defense for Acquisition and Sustainment, in the case of a Defense-wide or Defense Agency major defense acquisition program,”. (67) Section 814 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4528) is amended— (i) by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively; (ii) by striking subparagraph (A); and (iii) by inserting before subparagraph (C), as redesignated by clause (i), the following new subparagraphs: “(A) The Office of the Under Secretary of Defense for Research and Engineering. “(B) The Office of the Under Secretary of Defense for Acquisition and Sustainment.”; and (B) in subsection (c)(5), in the flush matter following subparagraph (B), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics certifies to the congressional defense committees, and includes” and inserting “the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment jointly certify to the congressional defense committees, and include”. (68) Section 801(a)(1) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2312; 10 U.S.C. 2430 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (69) Section 1675 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 192 Stat. 1131; 10 U.S.C. 2431 note) is amended— (A) in subsection (a), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Vice Chairman of the Joint Chiefs of Staff, acting through the Missile Defense Executive Board” and inserting “The Vice Chairman of the Joint Chiefs of Staff and the chairman of the Missile Defense Executive Board (pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2162)), acting through the Missile Defense Executive Board,”; and (B) in subsection (b)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “chairman of the Missile Defense Executive Board”. (70) Section 2431a(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (71) Section 2435 of title 10, United States Code, is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” each place it appears and inserting “the Under Secretary of Defense for Acquisition and Sustainment”. (72) Section 2438(b) of title 10, United States Code, is amended— (A) in paragraph (1), by striking “Under Secretary of Defense for Acquisition, Technology and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in paragraph (2), by striking “Under Secretary of Defense for Acquisition, Technology and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (73) Section 2448b of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) In General.—With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments— “(1) before any decision to grant Milestone A approval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and “(2) before any decision to grant Milestone B approval for the program pursuant to section 2366b of this title, any decision to enter into low-rate initial production or full-rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment. “(b) Guidance.—The Secretary shall issue guidance and a framework for the conduct, execution, and approval of independent technical risk assessments.”. (74) Section 2503(b) of title 10, United States Code, is amended— (A) by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment”; and (B) by striking “the Under Secretary shall” and inserting “the Under Secretaries shall”. (75) Section 2508(b) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (76) Section 2521 of title 10, United States Code, is amended— (A) in subsection (a), by striking “The Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “The Under Secretary of Defense for Research and Engineering”; (B) in subsection (e)(4)(D), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”; and (C) in subsection (e)(5), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Research and Engineering”. (77) Section 2533b(k)(2)(A) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (78) Section 2546 of title 10, United States Code, is amended— (A) in the heading of subsection (a), by striking “Under secretary of defense for acquisition, technology, and logistics” and inserting “Under secretary of defense for acquisition and sustainment”; (B) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (C) in subsection (b), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (79) Section 2548 of title 10, United States Code, is amended— (A) in subsection (a), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (c)(8), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (80) Section 2902(b) of title 10, United States Code, is amended— (A) in paragraph (1), by striking “Office of the Assistant Secretary of Defense for Research and Engineering” and inserting “Office of the Under Secretary of Defense for Research and Engineering”; and (B) in paragraph (3), by striking “Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Office of the Under Secretary of Defense for Acquisition and Sustainment”. (81) Section 2824(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 2154; 10 U.S.C. 2911 note) is amended by striking “Under Secretary of Defense” and all that follows through “Environment” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (82) Section 315(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1357; 10 U.S.C. 2911 note) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (83) Section 2926(e)(5)(D) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary for Defense for Acquisition and Sustainment”. (84) Section 836(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1508; 22 U.S.C. 2767 note) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research,” and inserting “the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”. (85) Section 105(d)(7)(M)(v) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)(M)(v)) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (86) Section 1126(a)(3) of title 31, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (87) Section 11319(d)(4) of title 40, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (88) Section 1302(b)(2)(A)(i) of title 41, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (89) Section 1311(b)(3) of title 41, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (90) Section 7(a)(3) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98f(a)(3)) is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”. (91) Section 1412 of the National Defense Authorization Act, 1986 (50 U.S.C. 1521) is amended— (A) in subsection (f)(1), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (g)(2), by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment.”. (92) Section 133b(b)(2) of title 10, United States Code, is amended by inserting “appropriate prototyping activities,” after “development,”. (93) (A) Section 5314 of title 5, United States Code, is amended by inserting before the item relating to the Under Secretary of Defense for Acquisition and Sustainment the following new item: “Under Secretary of Defense for Research and Engineering.”. (B) Section 5313 of title 5, United States Code, is amended by striking the item relating to the Under Secretary of Defense for Research and Engineering. (C) This paragraph shall have no force or effect until the next date on which the Congress confirms an individual to serve as the Under Secretary of Defense for Research and Engineering after the date of enactment of this Act. (94) Section 338 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1728) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”. (95) Section 136(a)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1317) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”. (96) Section 1652(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2609) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering”. (97) Section 1689(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2631) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Research and Engineering”. (98) Section 144 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1325) is amended— (A) in subsection (a), by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”; and (B) in subsection (b)(4), by striking “the Assistant Secretary of Defense for Research and Engineering” and inserting “the Under Secretary of Defense for Research and Engineering”. (99) Section 838(2)(B) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1509) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”. (100) Section 802(a)(3)(C) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2410p note) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”. SEC. 903. Return to Chief Information Officer of the Department of Defense of
responsibility for business systems and related matters. (a) Return of responsibility.— (1) IN GENERAL.—Section 142(b)(1) of title 10, United States Code, is amended by striking “systems and” each place it appears in subparagraphs (A), (B), and (C). (2) CONFORMING AMENDMENTS TO CMO AUTHORITIES.—Section 132a(b) of such title is amended— (A) in paragraph (2), by striking “performance measurement and management, and business information technology management and improvement activities and programs” and inserting “and performance measurement and management activities and programs”; (B) by striking paragraphs (4) and (5); and (C) by redesignating paragraphs (6) and (7) as paragraphs (4) and (5), respectively. (b) Chief Data Officer responsibility for DoD data sets.— (1) IN GENERAL.—In addition to any other functions and responsibilities specified in section 3520(c) of title 44, United States, Code, the Chief Data Officer of the Department of Defense shall also be the official in the Department of Defense with principal responsibility for providing for the availability of common, usable, Defense-wide data sets. (2) ACCESS TO ALL DOD DATA.—In order to carry out the responsibility specified in paragraph (1), the Chief Data Officer shall have access to all Department of Defense data, including data in connection with warfighting missions and back-office data. (3) RESPONSIBLE TO CIO.—The Chief Data Officer shall report directly to the Chief Information Officer of the Department of Defense in the performance of the responsibility specified in paragraph (1). (4) REPORT.—Not later than December 1, 2019, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such recommendations for legislative or administrative action as the Secretary considers appropriate to carry out this subsection. SEC. 904. Assessments of responsibilities and authorities of the Chief Management
Officer of the Department of Defense. (a) In general.—The Secretary of Defense shall provide for the conduct of two assessments of the implementation of the position of Chief Management Officer of the Department of Defense pursuant to section 132a of title 10, United States Code, as follows: (1) DEPARTMENT OF DEFENSE ASSESSMENT.—An assessment conducted by the Secretary or a designee of the Secretary. (2) INDEPENDENT ASSESSMENT.—An assessment conducted by the Defense Business Board or an appropriate number of individuals selected by the Secretary from among individuals in academia or academic institutions with expertise in public administration and management. (b) Assessment elements.—Each assessment conducted pursuant to subsection (a) shall include an assessment of the implementation of the position of Chief Management Officer of the Department of Defense, including and taking into account the following: (1) The extent to which the position has been effective in achieving the service, and exercising the powers and authorities, specified in section 132a of title 10, United States Code (2) The perspectives of the Under Secretaries of the military departments on the matters described in paragraph (1) based on the experiences of such Under Secretaries as the Chief Management Officer of a military department (3) The extent to which the ingrained organizational culture of the Department of Defense poses fundamental structural challenges for the position of Chief Management Officer of the Department, irrespective of the individual appointed to the position. (4) The observations of the Comptroller General of the United States on progress and challenges during the prior 10 years in the establishment of positions of Chief Management Officer in agencies throughout the Executive Branch, including in the Department of Defense and in other Federal agencies. (5) An identification and comparison of best practices in the private sector and the public sector for the responsibilities and authorities of Chief Management Officers. (6) An identification and assessment of differences in responsibilities and authorities of the Chief Management Office of the Department, the Chief Operating Officer of the Department of Defense, and the Deputy Secretary of Defense. (c) Modification of responsibilities and authorities.—The Secretary shall identify such modifications, if any, to the responsibilities and authorities of the Chief Management Officer of the Department (whether specified in statute or otherwise) as the Secretary considers appropriate in light of the assessments conducted pursuant to subsection (a). In identifying any such modification, the Secretary shall develop recommendations for such legislative action as the Secretary considers appropriate to implement such modification. (d) Report.—Not later than March 15, 2020, the Secretary shall submit to the congressional defense committees a report on the assessments conducted pursuant to subsection (a) and on any modifications to the responsibilities and authorities of the Chief Management Officer of the Department identified pursuant to subsection (c). The report shall include the following: (1) A description and the results of the assessment conducted pursuant to subsection (a). (2) Any modifications of the responsibilities and authorities of the Chief Management Officer identified pursuant to subsection (c), including recommendations developed for legislative action to implement such recommendations and a proposed timeline for the implementation of such recommendations. (1) IN GENERAL.—The Under Secretary of Defense for Policy shall, acting through the Joint Staff, designate an officer within the Office of the Under Secretary of Defense for Policy to serve within that Office as the Senior Military Advisor for Cyber Policy, and concurrently, as the Deputy Principal Cyber Advisor. (2) OFFICERS ELIGIBLE FOR DESIGNATION.—The officer designated pursuant to this subsection shall be designated from among commissioned regular officers of the Armed Forces in a general or flag officer grade who are qualified for designation (3) GRADE.—The officer designated pursuant to this subsection shall have the grade of major general or rear admiral (upper half) while serving in that position, without vacating the officer's permanent grade. (1) IN GENERAL.—The officer designated pursuant to subsection (a) is each of the following: (A) The Senior Military Advisor for Cyber Policy to the Under Secretary of Defense for Policy. (B) The Deputy Principal Cyber Advisor to the Secretary of Defense. (2) DIRECTION AND CONTROL AND REPORTING.—In carrying out duties under this section, the officer designed pursuant to subsection (a) shall be subject to the authority, direction, and control of, and shall report directly to, the following: (A) The Under Secretary with respect to Senior Military Advisor for Cyber Policy duties. (B) The Principal Cyber Advisor with respect to Deputy Principal Cyber Advisor duties. (1) DUTIES AS SENIOR MILITARY ADVISOR FOR CYBER POLICY.—The duties of the officer designated pursuant to subsection (a) as Senior Military Advisor for Cyber Policy are as follows: (A) To serve as the principal uniformed military advisor on military cyber forces and activities to the Under Secretary of Defense for Policy. (B) To assess and advise the Under Secretary on aspects of policy relating to military cyberspace operations, resources, personnel, cyber force readiness, cyber workforce development, and defense of Department of Defense networks. (C) To advocate, in consultation with the Joint Staff, and senior officers of the Armed Forces and the combatant commands, for consideration of military issues within the Office of the Under Secretary of Defense for Policy, including coordination and synchronization of Department cyber forces and activities. (D) To maintain open lines of communication between the Chief Information Officer of the Department of Defense, senior civilian leaders within the Office of the Under Secretary, and senior officers on the Joint Staff, the Armed Forces, and the combatant commands on cyber matters, and to ensure that military leaders are informed on cyber policy decisions. (2) DUTIES AS DEPUTY PRINCIPAL CYBER ADVISOR.—The duties of the officer designated pursuant to subsection (a) as Deputy Principal Cyber Advisor are as follows: (A) To synchronize, coordinate, and oversee implementation of the Cyber Strategy of the Department of Defense and other relevant policy and planning. (B) To advise the Secretary of Defense on cyber programs, projects, and activities of the Department, including with respect to policy, training, resources, personnel, manpower, and acquisitions and technology. (C) To oversee implementation of Department policy and operational directives on cyber programs, projects, and activities, including with respect to resources, personnel, manpower, and acquisitions and technology. (D) To assist in the overall supervision of Department cyber activities relating to offensive missions. (E) To assist in the overall supervision of Department defensive cyber operations, including activities of component-level cybersecurity service providers and the integration of such activities with activities of the Cyber Mission Force. (F) To advise senior leadership of the Department on, and advocate for, investment in capabilities to execute Department missions in and through cyberspace. (G) To identify shortfalls in capabilities to conduct Department missions in and through cyberspace, and make recommendations on addressing such shortfalls in the Program Budget Review process. (H) To coordinate and consult with stakeholders in the cyberspace domain across the Department in order to identify other issues on cyberspace for the attention of senior leadership of the Department. (I) On behalf of the Principal Cyber Advisor, to lead the cross-functional team established pursuant to 932(c)(3) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 2224 note) in order to synchronize and coordinate military and civilian cyber forces and activities of the Department. SEC. 906. Exclusion from limitations on personnel
in the Office of the Secretary of Defense and Department of
Defense headquarters
of fellows appointed under the John S. McCain Defense
Fellows Program. Section 932(f)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1938; 10 U.S.C. 1580 note prec.) is amended by adding at the end the following new sentence: “An individual appointed pursuant to this paragraph shall not count against the limitation on the number of Office of the Secretary of Defense personnel in section 143 of title 10, United States Code, or any similar limitation in law on the number of personnel in headquarters of the Department that would otherwise apply to the office or headquarters to which appointed.”. SEC. 911. Codification of Assistant Secretaries for Energy, Installations, and
Environment of the Army, Navy, and Air Force. (a) Assistant Secretary of the Army.—Section 7016(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(6) (A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment. “(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Army.”. (b) Assistant Secretary of the Navy.—Section 8016(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(5) (A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment. “(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Navy.”. (c) Assistant Secretary of the Air Force.—Section 9016(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(5) (A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment. “(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Air Force.”. SEC. 921. Prohibition on ownership or trading of stocks in certain companies by
certain officials of the Department of Defense. (a) In general.—Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: “§ 988. Prohibition on ownership or trading of stocks in certain companies by
certain officials of the Department of Defense “(a) Prohibition.—Except as provided in subsection (b), a covered official of the Department of Defense may not own or purchase publicly traded stock of a company if that company is one of the 10 entities awarded the most amount of contract funds by the Department of Defense in a fiscal year during the five preceding fiscal years. “(b) Exceptions.—This section shall not apply to the purchase or ownership of a publicly traded stock of a company otherwise described in subsection (a) as follows: “(1) If the aggregate market value of the holdings of the covered official, and the spouse and minor children of the covered official, in the stock of that company, both before and after purchase (in the case of a purchase), does not exceed the de minimis threshold established in section 2640.202(a)(2) of title 5, Code of Federal Regulations. “(2) If the stock is purchased and owned as part of an Excepted Investment Fund or mutual fund. “(c) Definitions.—In this section: “(1) The term ‘covered official of the Department of Defense’ means any of the following: “(A) A civilian appointed to a position in the Department of Defense by the President, by and with the advice and consent of the Senate. “(B) If serving in a key acquisition position (as designated by the Secretary of Defense or the Secretary concerned for purposes of this section), the following: “(i) A member of the armed forces in a grade above O–6. “(ii) A civilian officer or employee in a Senior Executive Service, Senior-Level, or Scientific or Professional position. “(2) The term ‘Excepted Investment Fund’ means a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.).”. (b) Clerical amendment.—The table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item: (a) Limitation.—The Secretary of Defense may not take any action to consolidate the Defense Media Activity until a period of 60 days has elapsed following the date on which the Secretary of Defense submits the report required under subsection (b). (b) Report required.—The Secretary of Defense shall submit to the congressional defense committees a report that includes the following: (1) Any current or future plans to restructure, reduce, or eliminate the functions, personnel, facilities, or capabilities of the Defense Media Activity, including the timelines associated with such plans. (2) Any modifications that have been made, or that may be made, to personnel compensation or funding accounts in preparation for, or in response to, efforts to consolidate the Defense Media Activity. (3) Any contractual agreements that have been entered into to consolidate or explore the consolidation of the Defense Media Activity. (4) Any Department of Defense directives or Administration guidance relating to efforts to consolidate the Defense Media Activity, including any directives or guidance intended to inform or instruct such efforts. (c) Consolidate defined.—In this section, the term “consolidate”, means any action to reduce the functions, personnel, facilities, or capabilities of the Defense Media Activity. SEC. 923. Report on resources to implement the
civilian casualty policy of the Department of Defense. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report, in unclassified form, on the resources necessary over the period of the future-years defense plan for fiscal year 2020 under section 221 of title 10, United States Code, to fulfill the requirements of section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1939; 10 U.S.C. 134 note) and fully implement policies developed as a result of such section. This subtitle may be cited as the “United States Space Force Act”. (a) Redesignation.—The Air Force Space Command is hereby redesignated as the United States Space Force (USSF). (b) Authority.—Title 10, United States Code, is amended— (1) in chapter 907 of part I of subtitle D, by redesignating sections 9067, 9069, 9074, 9075, 9081, and 9084 as sections 9063, 9064, 9065, 9066, 9067, and 9068, respectively; (2) by adding at the end of such part the following new chapter: “CHAPTER 908—THE SPACE FORCE
(3) by transferring section 2279c to chapter 908, as so added, and redesignating such section as section 9081; and (4) by amending such section 9081 to read as follows: “§ 9081. The United States Space Force “(a) Establishment.—There is established a United States Space Force as an armed force within the Department of the Air Force. “(b) Composition.—The Space Force shall be composed of the following: “(1) The Chief of Space Operations. “(2) The space forces and such assets as may be organic therein. “(c) Functions.—The Space Force shall be organized, trained, and equipped to provide— “(1) freedom of operation for the United States in, from, and to space; and “(2) prompt and sustained space operations. “(d) Duties.—It shall be the duty of the Space Force to— “(1) protect the interests of the United States in space; “(2) deter aggression in, from, and to space; and “(3) conduct space operations.”. (c) Space Force as an Armed Force.—Section 101(a)(4) of title 10, United States Code, is amended by inserting “Space Force,” after “Marine Corps,”. (1) IN GENERAL.—Effective as of the date of the enactment of this Act, there shall be assigned to the Space Force such members of the Air Force as the Secretary of the Air Force shall specify. (2) NO AUTHORIZATION OF ADDITIONAL MILITARY BILLETS.—The Secretary shall carry out this subsection within military personnel of the Air Force otherwise authorized by this Act. Nothing in this subsection shall be construed to authorize additional military billets for the purposes of, or in connection with, the establishment of the Space Force. (e) Officer career field for space.—Section 9068 of title 10, United States Code (as redesignated by subsection (b)(1)), is hereby transferred to the end of chapter 908 of such title (as added by subsection (b)(2)) and redesignated as section 9083. (f) Tables of chapters.—The tables of chapters at the beginning of subtitle D of title 10, United States Code, and part I of such subtitle are each amended by inserting after the item relating to chapter 907 the following new item:
(g) Conforming clerical amendment to chapter 907.—The table of sections at the beginning of chapter 907 of title 10, United States Code, is amended by striking the items relating to sections 9067, 9069, 9074, 9075, 9081, and 9084 and inserting the following new items:
(a) Chief.—Chapter 908 of title 10, United States Code (as added by section 952 of this Act), is amended by inserting after section 9081 the following new section: “§ 9082. Chief of Space Operations “(a) Appointment.— (1) There is a Chief of Space Operations, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. The Chief serves at the pleasure of the President. “(2) The Chief shall be appointed for a term of four years. In time of war or during a national emergency declared by Congress, the Chief may be reappointed for a term of not more than four years. “(b) Grade.—The Chief, while so serving, has the grade of general without vacating the permanent grade of the officer. “(c) Relationship to the Secretary of the Air Force.—Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Chief performs the duties of such position under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary. “(d) Duties.—Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief shall— “(1) preside over the Office of the Chief of Space Operations; “(2) transmit the plans and recommendations of the Office of the Chief of Space Operations to the Secretary and advise the Secretary with regard to such plans and recommendations; “(3) after approval of the plans or recommendations of the Office of the Chief of Space Operations by the Secretary, act as the agent of the Secretary in carrying them into effect; “(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members and organizations of the Space Force as the Secretary determines; and “(5) perform such other military duties, not otherwise assigned by law, as are assigned to the Chief by the President, the Secretary of Defense, or the Secretary of the Air Force. “(e) Joint Chiefs of Staff.— (1) Commencing one year after the date of the enactment of the United States Space Force Act, the Chief of Space Operations shall be a member of the Joint Chiefs of Staff. “(2) To the extent that such action does not impair the independence of the Chief in the performance of the duties of the Chief as a member of the Joint Chiefs of Staff pursuant to paragraph (1), the Chief shall inform the Secretary of the Air Force regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force. “(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief shall keep the Secretary of the Air Force fully informed of significant military operations affecting the duties and responsibilities of the Secretary.”. (1) INCUMBENT.—The individual serving as Commander of the Air Force Space Command as of the day before the date of the enactment of this Act may serve as the Chief of Space Operations under subsection (a) of section 9082 of title 10, United States Code (as added by subsection (a) of this section), after that date without further appointment as otherwise provided for by subsection (a) of such section 9082. (2) U.S. SPACE COMMAND.—During the one-year period beginning on the date of the enactment of this Act, the Secretary of Defense may authorize an officer serving as the Chief of Space Operations to serve concurrently as the Commander of the United States Space Command, without further appointment. (c) Joint Chiefs of Staff matters.—Effective on the date that is one year after the date of the enactment of this Act, section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(8) The Chief of Space Operations.”. (a) In general.—Chapter 903 of title 10, United States Code, is amended— (1) by redesignating section 9021 as section 9021a; and (2) by inserting after section 9020 the following new section 9021: “(a) Establishment.—There is in the Office of the Secretary of the Air Force a council to be known as the ‘Space Force Acquisition Council’ (in this section referred to as the ‘Council’). “(b) Members.—The members of the Council are as follows: “(1) The Under Secretary of the Air Force. “(2) The Assistant Secretary of the Air Force for Space Acquisition and Integration, who shall act as chair of the Council. “(3) The Assistant Secretary of Defense for Space Policy. “(4) The Director of the National Reconnaissance Office. “(5) The Chief of Space Operations. “(6) The Commander of the United States Space Command. “(c) Duties.—The Council shall oversee, direct, and manage acquisition and integration of the Air Force for space systems and programs in order to ensure integration across the national security space enterprise. “(d) Meetings.—The Council shall meet not less frequently than monthly. “(e) Reports.—Not later than 30 days after the end of each calendar year quarter through the first calendar year quarter of 2025, the Council shall submit to the congressional defense committees a report on the activities of the Council during the calendar year quarter preceding the calendar year quarter in which such report is submitted.”. (b) Clerical amendment.—The table of sections at the beginning of chapter 903 of such title is amended by striking the item relating to section 9021 and inserting the following new items:
(a) In general.—Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(5) One of the Assistant Secretaries is the Assistant Secretary of Defense for Space Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for space warfighting.”. (1) DEVELOPMENT OF RECOMMENDATIONS.—The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center on the development of recommendations as to the appropriate elements of the Office of the Assistant Secretary of Defense for Space Policy, including, in particular, whether the elements of the Office should include elements on space that are currently assigned to the Office of the Under Secretary of Defense for Intelligence or the Military Intelligence Program. (2) TRANSMITTAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall transmit to the Committees on Armed Services of the Senate and the House of Representatives the recommendations developed pursuant to paragraph (1), together with an assessment of such recommendations by the Secretary. (a) Redesignation of Principal Assistant for Space as Assistant Secretary for Space Acquisition and Integration.— (1) IN GENERAL.—The Principal Assistant to the Secretary of the Air Force for Space is hereby redesignated as the Assistant Secretary of the Air Force for Space Acquisition and Integration. (2) REFERENCES.—Any reference to the Principal Assistant to the Secretary of the Air Force for Space in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Secretary of the Air Force for Space Acquisition and Integration. (b) Codification of position and responsibilities.— (1) IN GENERAL.—Section 9016 of title 10, United States Code, as amended by subtitle B of this title, is further amended— (A) in subsection (a), by striking “four” and inserting “five”; and (B) in subsection (b), by adding at the end the following new paragraph: “(6) (A) One of the Assistant Secretaries is the Assistant Secretary of the Air Force for Space Acquisition and Integration. “(B) Subject to the authority, direction, and control of the Secretary of the Air Force, the Assistant Secretary shall do as follows: “(i) Be responsible for all architecture and integration of the Air Force for space systems and programs, including in support of the Chief of Space Operations under section 9082 of this title. “(ii) Act as the chair of the Space Force Acquisition Council under section 9021 of this title. “(iii) Advise the service acquisition executive of the Air Force with responsibility for space systems and programs (including for all major defense acquisition programs under chapter 144 of this title for space) on the acquisition of such systems and programs by the Air Force. “(iv) Oversee and direct each of the following: “(I) The Space Rapid Capabilities Office under section 2273a of this title. “(II) The Space and Missile Systems Center. “(III) The Space Development Agency. “(v) Advise and synchronize acquisition projects for all space systems and programs of the Air Force, including projects for space systems and programs responsibility for which is transferred to the Assistant Secretary pursuant to section 956(b)(3) of the United States Space Force Act. “(vi) Effective as of October 1, 2022, in accordance with section 957 of that Act, serve as the Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs.”. (2) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, United States Code, is amended by striking the item relating to the Assistant Secretaries of the Air Force and inserting the following new item: “ Assistant Secretaries of the Air Force (5).”. (3) TRANSFER OF ACQUISITION PROJECTS FOR SPACE SYSTEMS AND PROGRAMS.—Effective October 1, 2022, the Secretary of the Air Force shall transfer to the Assistant Secretary of the Air Force for Space Acquisition and Integration under paragraph (6) of section 9016(b) of title 10, United States Code (as added by this subsection), responsibility for architecture and integration of any acquisition projects for space systems and programs of the Air Force that are under the oversight or direction of the Assistant Secretary of the Air Force for Acquisition as of September 30, 2022. SEC. 957. Service Acquisition Executive of the Department of the Air Force for Space
Systems and Programs. (a) In general.—Effective October 1, 2022, there shall be within the Department of the Air Force a Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs. (1) IN GENERAL.—Effective as of October 1, 2022, and subject to paragraph (2), the individual serving as Assistant Secretary of the Air Force for Space Acquisition and Integration under paragraph (6) of section 9016(b) of title 10, United States Code (as added by section 1832(b) of this Act), shall also serve as the Service Acquisition Executive for Space Systems and Programs. (2) INCUMBENT.—The individual serving as Assistant Secretary of the Air Force for Space Acquisition and Integration as of October 1, 2022, may also serve as the Service Acquisition Executive for Space Systems and Programs pursuant to paragraph (1) only if appointed as the Service Acquisition Executive for Space Systems and Programs by the President, by and with the advice and consent of the Senate, pursuant to a nomination submitted to the Senate on or after that date. (c) Authorities and responsibilities.— (1) IN GENERAL.—The Service Acquisition Executive for Space Systems and Programs shall have within the Department of the Air Force all the authorities and responsibilities of a service acquisition executive under section 1704 of title 10, United States Code, and other applicable law, for the Department of the Air Force with respect to space systems and programs. (2) SEPARATE SAE WITHIN THE AIR FORCE.—The Service Acquisition Executive for Space Systems and Programs shall be in addition to the service acquisition executive in the Department of the Air Force for all acquisition matters of the Department of the Air Force other than with respect to space systems and programs. (3) GUIDANCE ON RELATIONSHIP AMONG SAES.—Not later than October 1, 2022, and from time to time thereafter, the Secretary of the Air Force shall issue guidance for the Department of the Air Force on the authorities and responsibilities of the Service Acquisition Executive for Space Systems and Programs and the authorities and responsibilities of the service acquisition executive of the Department for all acquisition matters of the Department other than with respect to space systems and programs. |